The Malaysian Insight

THERE are serious doubts among some prominent activists from Sabah and Sarawak that Putrajaya would actually grant equal status to their states per the Malaysia Agreement 1963.

They believe that the promised constitutional amendment, which is supposed to take place in the current parliamentary sitting, could just be a window dressing to gain support for the ruling coalition.

Sabah rights activist Zainnal Ajamain said the proposed constitutional amendment to give the two Borneo states equal status as Malaya actually “gives Sabah nothing”.

The author of two books on MA63 said there are several “legal paradoxes” in the federal constitution that must be “sorted out”, and not just Article 1 (2) to grant the equal status.

For example, Article 1(1), read together with Article 160 (2), in reference to “the federation” and Article 1(3) and (4) on the Federal Territories.

“Article 1(3) and (4) were not in the original MA63 and that the Federal Territory was never part of MA63.

“Therefore, FT should be treated as a separate issue.

“All these are creating inconsistencies and if we don’t make the right amendments, then the federal constitution is corrupted.

“How can the supreme law of the country be corrupted (if the legal paradoxes are not sorted out)?”

The constitutional amendments must include all these aspects for Sabah to keep what rightfully belongs to it, he said.

“Amending Article 1 (2) is not enough. We also need to look at other provisions.”

The government said it will table a motion to restore the equal status of Sabah and Sarawak by amending Article 1(2) of the constitution in the ongoing sitting.

This is one of Pakatan Harapan’s election promises.

The two states had their equal status granted during the formation of Malaysia in 1963 but it was downgraded to that of being just states of the federation in 1976.

Article 1(2) of the constitution, prior to its amendment in 1976, reads that: 

(a) The states of the federation shall be the states of Malaya, namely Johor, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang. Perak, Perlis, Selangor and Terengganu (the federated Malay states) and:

(b) The Borneo states, namely, Sabah and Sarawak; and,

(c) The state of Singapore.

After the 1976 amendment, it was changed to “the states of the federation shall be Johor, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu.”

This replaced Sabah and Sarawak from being territories in the federation to states of the federation.

Respect all terms of MA63

State rights activist and Sarawak Association of People’s Aspiration (SAPA) president Dominique Ng is another who does not believe the amendment will give what Sarawak and Sabah folk are hoping for.

“I doubt very much that Sarawak will ever be given status as an equal partner of Malaya, no matter what amendments (they make) to the federal constitution.

“The federal government, no matter if it’s Barisan Nasional (BN) or Pakatan Harapan (PH) now, will never ever treat Sarawak and Sabah fairly or equally,” the former PKR assemblyman said.

Ng, the man many credited as the force behind the recognition and observance of Malaysia Day, said for Putrajaya to treat Sabah and Sarawak as equal partners, they have to respect all the terms agreed in the MA63, like giving the Borneo states one-third of the parliamentary seats and one-third of the national budget.

Dayak academic Philip Tero is also not elated by the promise of the amendment as he is more concerned about what his community is going through.

While it might restore Sarawak’s rightful status in the Malaysian federation, “it doesn’t change a thing for the Dayaks”.

“Dayak are getting worse off,” he said.

“If those changes (the amendments) bring about the structural changes, both macro and micro, it is worth mentioning and something to look forward to by Dayaks. But personally, such things will not happen.”

Kota Kinabalu MP Chan Foong Hin, however, is optimistic that the reversion as equal partners will bring positive changes, and called on all Sabah and Sarawak MPs irrespective of their political leaning to support the amendment.

“For starters, Sabah will no longer be referred to as a state (of similar level to the federated Malays states in the peninsula) in the official documents immediately after the amendment,” he said.

The Sabah DAP secretary, calling on Borneo MPs to vote for the reversion, said it would be “utterly ridiculous and not make sense” if they opposed or abstained from voting an amendment. – March 22, 2019.