KOTA KINABALU – Contrary to widespread thinking, the latest constitutional amendments passed in Parliament have not made the Borneo states equal partners with Peninsular Malaysia yet. However, the work towards that goal can now be actively pushed into motion.
Universiti Malaysia Sabah political analyst Lee Kuok Tiung said Sabah and Sarawak can realise their state rights, now that the federal constitution includes recognition of the Malaysia Agreement 1963 (MA63).
He said this provides the basis for the implementation of MA63 terms – especially those that have not been adopted, or have been completely taken away from the states.
He opined that the amendment to Article 1(2) of the constitution does not turn Sabah and Sarawak into equal partners in the Federation of Malaysia.
The change to Article 1(2) specifically includes listing Sabah and Sarawak as states of the Federation of Malaysia, separate from Peninsular Malaysia states.
He said amending Article 160(2) is a good move as it includes MA63, making it constitutional.
This amendment is to insert a new definition of “Malaysia Day”, and to change the definition of “federation” in line with the spirit of MA63 signed on July 9, 1963.
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“This is where the government can correct all the mistakes,” Lee told The Vibes in an interview.
The mistakes included the downgrading of Sabah and Sarawak to mere states in 1976, subsequently eroding their rights.
Lee noted MA63 has always been viewed as a historical document, but without it, Malaysia would not have existed today.
He said the constitutional amendments were done not just as part of the process to put Sabah and Sarawak on equal footing with the Federation of Malaya, but also to restore lost rights and implement new ones.
These issues include territorial sea rights, revenue sharing, and the devolution of power.
However, he said the work to attain these would not be completed in a short time.
Still, the bill – which will now go to the Dewan Negara for another round of scrutiny – will allow the Borneo states to start thinking over their next move concerning MA63.
“The two states have each formed their own MA63 committees, which include the respective state attorneys-general.
“They should do their roles in listing their state demands, and which (ones) the state should be asking for first,” he said.
Lee said the state governments should either bring the list to the cabinet, or bring it to their respective state assemblies for debate and approval.
On Tuesday, the Dewan Rakyat successfully passed constitutional amendments giving greater recognition to MA63.
The amendments are for the restoration of Sabah and Sarawak’s original status as equal partners in the Federation of Malaysia, redefining the terms of the federation to include MA63.
Issues of revenue, territorial rights
Lee said the Sabah and Sarawak governments would not have a problem, as faced by previous committees – such as those established when Datuk Seri Najib Razak was prime minister – as they now have the basis for such demands.
For instance, the committee co-chaired by former foreign minister Datuk Seri Anifah Aman and former law minister Datuk Seri Nancy Shukri was already focused on Article 112(C), which deals with the Borneo states’ revenue entitlements and special grants.
“There are also other instances such as deciding on the 40% revenue rights – whether they should be based on gross or net profits from the revenue that the federal government had collected from Sabah,” he said.
“Another point is the territorial rights – whether Sabah and Sarawak would be able to claim their rights up to the Continental Shelf or not.”
Moreover, it has to be determined whether the execution of the Sabah oil agreement was apt when the emergency rule was in force.
Lee noted the oil agreement had been signed in 1976 – when the emergency rule was in force – due to the Sino-Malay sectarian violence in 1969.
The occurrence was limited to Peninsular Malaysia, but the emergency rule had been implemented nationwide – including Sabah and Sarawak.
The rule reduced the extent of the states’ control over waters up to the Continental Shelf more than 300 miles from the coast, to just three nautical miles.
Lee claimed the basis of regaining territorial rights would see Sabah having more claim on its natural resources such as oil and gas.
He denied arguments that the Malaysia Act has more clout than MA63, saying that an act cannot be included in the constitution – which is the supreme law in Malaysia.
While an act is passed in Parliament, it is inferior compared to the constitution, he said.
“For me, it doesn’t make sense that we should include the act in the constitution.”
Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Wan Junaidi Tuanku Jaafar had said on Tuesday that the amendments would see MA63 placed on par with the Federation of Malaya Agreement 1948 and the Federation of Malaya Independence Act 1957.
Wan Junaidi said by recognising MA63 in the constitution, the government could now refer to all the promises made in 1963 and stated in the intergovernmental committee report, an in-depth study of the Cobbold Commission Report on Sabah and Sarawak’s claims. – The Vibes, December 16, 2021
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