Malaysia

Sabah, S’wak debate rages on after MP warns of decolonisation movement

Breaches in MA63 used as basis that Borneo states being colonised by Putrajaya

Updated 4 years ago · Published on 01 Dec 2021 7:00AM

Sabah, S’wak debate rages on after MP warns of decolonisation movement
Breaches of the Malaysia Agreement 1963 include Putrajaya’s refusal to honour Sabah’s revenue rights as stated in the federal constitution, which points out Sabah’s 40% annual revenue entitlement. – The Vibes file pic, December 1, 2021

by Jason Santos

KOTA KINABALU – The recent parliamentary debate on the “colonisation of East Malaysian states by Putrajaya” has got state rights followers in Sabah riled up, with most views claiming federal powers had indeed overrun both states.

These notions state that Sabah and Sarawak being colonised by Putrajaya, largely revolved around breaches of the terms in the Malaysia Agreement 1963 (MA63), but some also noted these claims may not have any legal basis.

Former Petagas assemblyman Datuk James Ligunjang, a passionate observer of the state rights struggle in Sabah, believes that both East Malaysia states are still colonised under the unofficial trusteeship of the Federation of Malaya.

“Breaches to MA63 by Putrajaya will only lead to the call of decolonisation from the people from these parts of Malaysia.

“MA63, which was passed in the British Parliament, empowered the Queen of England to transfer its jurisdictions on its colonies North Borneo, Sarawak, and Singapore to the Federation of Malaya to form the new Federation of Malaysia on September 16, 1963.

Former Petagas assemblyman Datuk James Ligunjang says breaches to the Malaysia Agreement 1963 by Putrajaya will only lead to the call of decolonisation from the people of Sabah and Sarawak. – James Ligunjang Facebook pic, December 1, 2021
Former Petagas assemblyman Datuk James Ligunjang says breaches to the Malaysia Agreement 1963 by Putrajaya will only lead to the call of decolonisation from the people of Sabah and Sarawak. – James Ligunjang Facebook pic, December 1, 2021

“The act effectively placed Sabah and Sarawak under the unofficial trusteeship of the Federation of Malaya 1957 until such time they are ready to be decolonised as independent and sovereign states,” he told The Vibes recently.

He said if Sabah and Sarawak were indeed federated into the Federation of Malaya 1957, it is logical that Malaya must have effectively taken control of the political and economic systems of Sabah and Sarawak to perpetuate their grip on power over East Malaysia.

He said this is apparent with the involvement of the political parties from Peninsular Malaysia in the political processes in Sabah and Sarawak.

“With the onset of the new political architecture in Sabah and Sarawak, the dominance of Malaya in the power structure has led to further breaches of MA63 with impunity.

The question is whether Sabah and Sarawak are still colonies in the eyes of the United Nations. And is it ready to be decolonised to become independent and sovereign states with full liberty and freedom as a country?”

He also pointed out that there is a clear difference between secession, calls for decolonisation, and independence-seeking, adding that decolonisation does not mean that the proponents are seeking for Sabah to secede from Malaysia.

Ligunjang noted that breaches on state rights and MA63 issues have long been a bone of contention for the people of Sabah and Sarawak towards the federal government for decades.

These breaches include Putrajaya’s refusal to honour Sabah's revenue rights as stated in Article 112C and Article 112D of the federal constitution, which points out Sabah’s 40% annual revenue entitlement.

From 1974 onwards, Putrajaya has only been paying Sabah RM26.7 million, with the only exception during the Pakatan Harapan era where the state special grant was doubled in 2019.

The breaches comprise Sabah and Sarawak’s equal status rights in the Federation of Malaysia, the Territorial Sea Act 2012, and autonomy, among others.

As a result, secession groups and independence-seekers are formed out of the unhappiness caused by Putrajaya breaching the terms of the agreements.

Growing resentments

A dispute broke out in Parliament recently between Sabah MPs when Sepanggar MP Datuk Mohd Azis Jamman insinuated that Sabah is being colonised by Putrajaya.

Azis had also told Putrajaya not to take lightly the growing resentments of the people of Sabah and Sarawak in wanting to be decolonised.

Senior lawmaker Datuk Seri Maximus Ongkili, who is also Sabah and Sarawak affairs minister, has told MPs to mind their words when implying that Putrajaya is colonising both states and asked Azis to give evidence of his claim.

The social media sphere in Sabah was under fire following Ongkili’s remarks, with some calling him being defensive of Putrajaya.

Sepanggar MP Datuk Mohd Azis Jamman tells Putrajaya not to take lightly the growing resentments of the people of Sabah and Sarawak in wanting to be decolonised. – Bernama pic, December 1, 2021
Sepanggar MP Datuk Mohd Azis Jamman tells Putrajaya not to take lightly the growing resentments of the people of Sabah and Sarawak in wanting to be decolonised. – Bernama pic, December 1, 2021

Keningau MP Datuk Seri Jeffrey Kitingan had also noted in Parliament previously that some 60% of East Malaysians are calling for Sabah and Sarawak to leave Malaysia, as they were disappointed with the development funds allocated in Budget 2022.

Under the national budget, Sabah and Sarawak were allotted a mere RM9.8 billion, while Peninsular Malaysia received RM67.8 billion, he said.

Jeffrey said in the Dewan Rakyat when Malaysia was formed 58 years ago, Sabah and Sarawak joined the federation as equal partners and not as a colonised territory.

A report by Free Malaysia Today quoted Kinabatangan’s Umno MP Datuk Seri Bung Moktar Radin, who proposed a diplomatic response from Putrajaya over breaches of MA63 terms.

Unsavoury words will not bring any benefit to Sabah and Sarawak.”

Meanwhile, Sabah Law Society president Roger Chin said he has never heard of a legal argument over Sabah and Sarawak being colonised by Putrajaya, only the contention that federal powers had been taking away East Malaysia’s natural wealth.

“Is it about (the federal government) taking away (revenue of) Sabah’s natural resources and so on?

“If I were to guess, this could be what they are meaning. Maybe it’s akin to colonialism, this is perhaps what they are trying to convey,” he said.

Chin said it is nothing more than just a description of the state of being colonised without many facts to substantiate such claims.

However, what was clear, he said, is that there are breaches within MA63.

Chin said the notion that MA63 was nullified due to the breaches may not be a straightforward affair, adding that the matter requires a lengthy deliberation.

“The fact remains that Sabah and Sarawak are not being colonised, if it is defined by breaches in MA63,” he added. – The Vibes, December 1, 2021

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