July 2015

Although much publicity was given to the status that Sabah would enjoy in the proposed Federation and the range of safeguards that would be granted to the State, the interference of the Federal government in State affairs actually commenced within months of the birth of the Malaysia nation. The saga began with the tussle for control of the State government between Tun Fuad and Tun Mustapha, the outcome of which was dictated by Kuala Lumpur. Paul Raffaele in his book Harris Salleh of Sabah gives an accurate assessment of the event:

“… Although the early leaders of Sabah had hoped that Malaysia would be a true Federation and not a unitary state, post-independence history has shown that when the interests of Sabah and Kuala Lumpur clash, the Federal government will step in unhesistantly and bring its younger partner to heel. Tunku Abdul Rahman saw the Kadazan Chief Minister as less than totally committed to Malaysia, unlike his friend Mustapha who saw the new Federation as giving power support to his claim of Malay and Muslim political primacy in Sabah” (Raffaele, 1986, p.30)

The details of the events surrounding the Mustapha-Fuad crisis are well documented in history books. Suffice it to say that the difference between the two leaders lie in the fact that while Tun Fuad Stephens was jealously guarding the State’s rights in pursuance of the original safeguards and promises, Tun Mustapha was more interested in strengthening Islam and developing Malay dominance in Sabah, regardless of its effects on state affairs. Numerous clashes between the two leaders can be traced to these fundamental differences in outlook and orientation. For instance, Tun Mustapha refused to approve the appointment of John Dusing as State Secretary, in contravention of the behaviour of a constitutional Head of State. However, all this was done with the help of the Federal Secretary in the person of Mr. Yeap Kee Aik whose major role was to strengthen Kuala Lumpur’s hold on the frontier State, by ensuring that “any party favouring Malaysia should prosper while being unfavourably disposed to any party that seem to have doubts about the Federation” (Raffaele, 1986,pp. 142-144)

This has led some scholars to describe the 20 Points safeguard as follows:

“The intent of the safeguards was to give State leaders the illusion of having greater control than they in fact possessed, but illusions which they were to take very seriously.” (Ross-Larson, 1980).

The Mustapha-Stephens crisis can be aptly described as follows:

“The two (referring to Tun Mustapha and Tun Fuad Stephens) were unwitting actors in a drama written by the Federal government, and both felt compelled to play out their roles, however reluctantly.” (Ross-Larson, 1980)

The hands of the Federal government in shaping the political development and accelerating the erosion of State’s constitutional safeguards, can be clearly seen in the selection, encouragement and support for a state leader who reflected the Federal cause, who in the immediate years after Independence was none other than Tun Mustapha. In order to further ensure that the new State government would not be too independent-minded and thereby jeopardise federal’s interests in the State, Syed Kechik, a strong UMNO supporter and the political secretary to the Minister of Information, was assigned to assist Tun Mustapha. Syed Kechik’s contributions included the introduction of various constitutional amendments and new laws to shift the power from the State to the Federal government. It is believed that he was also instrumental in the resignation of top civil servants who were thought to be pro-state and their replacement by Federal sympathizers.

Whenever the question of who should bear the responsibilities for the erosion of the constitutional safeguards is raised, the standard answer is that it was the doings of the Sabah leaders themselves. However, history has shown that during the USNO’s rule the erosion of constitutional safeguards on education, language and religion can be directly traced to machinations of Kuala Lumpur’s appointees including Syed Kechik, the then Attorney General of Sabah and other Federal officers who were unsympathetic and unmindful of their far-reaching consequences on the State.

For the sake of harmonious and enduring Federal-State relationship in the future, the Federal government has as much obligation as the State government in upholding the constitutional safeguards.

In instances where erosion of constitutional safeguards has occurred either unwittingly or erroneously, the parties involved should take steps to restore such rights, otherwise inaction would be interpreted as a deliberate scheme to weaken the power of the other party.

In the final years before the rise of BERJAYA in 1976, Tun Mustapha began to lose favour with the Federal government. This was primarily because of the misuse of his draconian powers, bestowed on him originally by the Federal government, which eventually made him a political liability to Kuala Lumpur. His plan to break away from the Federation by proposing the formation of Borneosia and establish his sultanate was also an important factor which contributed to his fall from the grace of the Federal government. But by then, Tun Mustapha had paved the way for the erosion of the safeguards on Education, Language and Religion. Throughout his regime, the Federal government essentially abandoned the people of Sabah to his abuse of their democratic rights and his squandering of the State’s natural resources. When political intervention would have been justified, and indeed was most needed, Kuala Lumpur opted to assume a spectator’s role to the great disappointment of the people of Sabah.

The emergence of BERJAYA and the success it had in deposing the regime of Tun Mustapha occurred with the support of the Tun Razak government. In its early stage of development, the party sought earnestly to reverse the excesses of Tun Mustapha. However, when its leaders were assured of deriving support from the Federal government, it committed the same excesses as its predecessor. As with Tun Mustapha’s Administration, the Harris’ Administration became increasingly more autocratic and intolerant to well-intended public criticisms. It distanced itself from the Rakyat by pursuing policy objectives contrary to the wishes and aspirations of the people. It had even gone to the extent of changing the district status of Tambunan just to punish the voters who defied his order to support him. His abuse of power included the liberal use of Federal and State machineries in the 1985 general elections campaigns.

In the ensuing years Datuk Harris’ Government committed other political excesses similar to those of his predecessor. The problem of illegal entrants obtaining blue IC became increasingly more acute without his government doing something about the problem. Datuk Harris’ Government promoted massive conversion to Islam among indigenous Sabahans by granting favours to prospective converts. His government’s desire to keep the Federal happy culminated in the signing away of Labuan, free of charge, without the consent of the people of Sabah, although on the surface the federalisation of Labuan appeared to have been properly executed by subtly forcing an enactment through the State assembly. The act was also a breach to the Twenty Points safeguards.

When the PBS came into power, the Federal government could not accept the defeat of the party that had been so accommodating to Kuala Lumpur’s drive towards a unitary state. Amidst the events that followed the power grab at the Istana until the next general State elections in 1986, when the people of Sabah were forced to give their verdict on the legality of the government of the day, traces of Kuala Lumpur’s involvement were obvious. The fact that those involved in the power grab were let loose caused many Malaysians to take a dim view of the rule of Law as there was a clear case of miscarriage of justice. Between April 21, 1985 and May 5, 1986, two State general elections were held in close succession because of the reluctance of certain Federal leaders in endorsing the results of the 1985 general elections which saw the defeat of the Federal-anointed party. Prime Minister Datuk Seri Dr. Mahathir Mohammed when interviewed about the unsettled political climate in Sabah, was widely reported to have said that he himself was not sure as to which government, the ruling PBS Government or the contending USNO-BERJAYA coalition Government, would the Court uphold as the duly elected government of the people of Sabah.

It is amazing that the vanquished parties even had the audacity to hail the victor to court and demanded that they be installed to replace the rightfully elected government by claiming to represent the wishes of the majority of the people. While the people of Sabah were fearing for their lives, no decisive action was taken by Federal Government until the tense situation escalated into outbreak of lawlessness causing losses of property and lives. When those responsible were finally brought before the courts the charges handed out were viewed by Sabahans as a mockery vis-à-vis the extent of damages, human tragedy and economic losses caused by the rioters. Indeed, there were broad hints that some quarters were using the March 1986 riots to justify the imposition of Emergency rule in sabah by the Federal government, as a way to replace the democratically elected government.

Finally, many Sabahans consider the proposed entry of the UMNO into Sabah as not entirely unrelated to the issue of political interference. While the move has been cast in the name of championing Muslim cause and so-called bumiputera rights, the timing of the exercise and the past records of Kuala Lumpur’s interference in State affairs leave many nationalistic Malaysians of local origin unconvinced that the move will lead to any enhancement of Federal-State relations. Indeed Sabahans take the view that the whole exercise will be detrimental to national unity because the promotion of communal politics in Sabah will bring about racial and religious polarisation and split the already well-integrated people of Sabah. In the long term, communal politics go against the spirit of multiracialism which the Sabah leaders have so tirelessly championed. The proposed move of UMNO into Sabah also indicates the lack of understanding by the Federal leadership on the socio-cultural and psychological makeup of the people of Sabah. Unlike the people in Peninsular Malaysia, where people can be conveniently classified into Malays, Chinese and Indians, in Sabah, the racial and religious differences are unimportant as they are already well integrated.

It is to be noted that Malaysians in Sabah as represented by their leaders and political parties, have proven their ability to govern Sabah themselves for the past 23 years since the formation of Malaysia, without the presence of any Peninsular party or parties.

There is no need for UMNO, PAS, DAP or any other Peninsular parties to come to Sabah. It would be redundant. The important thing is for Kuala Lumpur to be able to foster and work with the ruling group in Sabah and Sarawak.

Source: https://dusunbukit.wordpress.com/2013/12/05/the-20-points-basis-for-federal-state-relations-for-sabah/

On 27 May, 1961, Y.T.M Tunku Abdul Rahman Putra Al-Haj, the Prime Minister, Federation of Malaya, at a press luncheon in Singapore made the proposal that a Federation of Malaysia should be created, comprising the eleven States of Malaya, Singapore, the three Borneo territories of Sarawak, North Borneo and Brunei. The regularly quoted words of the Tunku were as follows:

“… Sooner or later she (Malaya) should have an understanding with the peoples of Singapore, North Borneo, Brunei and Sarawak… these territories can be brought closer together in a political and economic cooperation” (speech made by Tunku Abdul Rahman on 27 May, 1961 to the Foreign Correspondents of Southeast Asia in Singapore).

Later, on 16 October, 1961, the Tunku explained to the Malayan Parliament the motivation and framework for the formation of the Federation of Malaysia as follows.

“… When considering the concept of Malaysia it is necessary to keep in mind that the independent Federation of Malaya has to take note of three separate elements and the special interests of each. These three elements are the State of Singapore, which is almost completely self-governing, the three Borneo territories which are still colonies, and the United Kingdom which has special obligations or duties in relation to the people of these areas.”

“… I will turn now to the problem of the Borneo territories in relation to the concept of Malaysia. These territories do not present the same complexity in the implementation of the concept as Singapore does. In a broad sense, it could be stated that the question is much simpler there, in fact so much simpler that they present a special difficulty of their own. The three Borneo territories have two political factors in common. First… vestiges for British colonialism. Second… their constitutional development has been very slow” (speech by Tunku Abdul Rahman, Prime Minister, the Federation of Malaya, in the Federal Parliament on 16 October, 1961).

Amidst all the rhetoric which accompanied the campaign for an enlarged Federation, the plan to include the States of North Borneo, Sarawak and Brunei was, however, somewhat coincidental, for what the Tunku really wanted was Singapore. Nevertheless, the Tunku had one genuine aim for the Borneo territories – independence from the British colonialism. As he put it then:

“… it is our duty to help bring about an end to any form of colonialism. The very concept of Malaysia Plan is an effort to end colonialism in this region of the world, in a peaceful and constructive manner. We in Malaya won our independence by peaceful means and we are sure that the people of the Borneo territories would like to end their colonial status and obtain independence in the same way."

“… the important aspect of the Malaysia ideal as I see it, is that it will enable the Borneo territories to transform their present colonial status to self-government for themselves and absolute independence in Malaysia simultaneously.”

On the British Government’s side, it was not an issue to grant independence to the Borneo States (North Borneo, Sarawak and Brunei), since the British Government had decided to allow these territories to attain their own independence ultimately. The question was one of timing and the form it should take. As one document puts it:

“… The declared aim of the British Government is to grant independence to all its colonial territories as soon as they are ready for it. Hitherto this has been thought of simply as independence fo North Borneo standing by itself or, more recently, in association with Sarawak.”

“… It is the view of the British Government that provided satisfactory terms of merger can be worked out, the plan for Malaysia offers the best chance of fulfilling its responsibility to guide the Borneo territories to self-government in conditions that will secure them against dangers from any quarters.”

“… Malaysia offers for them all the prospect of sharing in the destiny of what the British Government believes will be a great, prosperous and stable Independent State within the Commonwealth” (Extract from “North Borneo and Malaysia” published by Authority of the Government of North Borneo, Jesselton, February 1962)

Even at the point in time, there was considerable concern that the notion of ‘independence through Malaysia’ might not be the sort of independence that the Borneo States were looking for. There were those who were concerned about neo-colonialism. On this issue the Tunku had the following to say:

“… One reaction in the Borneo territories was that the Malaysia concept was an attempt to colonise the Borneo territories. The answer to this was, as I said before, it is legally impossible for the Federation to colonise because we desire that they should join us in the Federation in equal partnership, enjoying the same status between one another, so there is no fear that Malaysia will mean that there will be an imposition of Islam on Borneo… everybody is free to practise whatever religion.” (Extract of speech by Tunku Abdul Rahman, Prime Minister of the Federation of Malaya, in the Federal Parliament on 16 October 1961)

In addition, the colonial government of North Borneo had cautioned that:

“… It is necessary, therefore, for the people of North Borneo to consider what powers they are prepared to concede in order to bring Malaysia into being. It is understood that there should be widespread apprehension lest, in practice, Malaysia would mean that the people of North Borneo would have far less control over their own affairs than they exercise already, and that North Borneo would be relegated to the position of a relatively powerless province of a strong Federal Government situated 1,000 miles away” (Extract from ‘North Borneo and Malaysia’)

For this reason, in the same speech the Tunku raised the issue of constitutional safeguards:

“… Moreover in our future constitutional arrangement the Borneo people can have a big say in matters on which they feel very strongly, matters such as immigration, customs, Borneonisation, and control of their State franchise rights.” (Speech by Tunku Abdul Rahman in the Federal Parliament on 16 October 1961)

The need for consultation and non-interference in the normal affairs of the Borneo State was highlighted by the Tunku.

“… One very strong feeling was that they must be consulted on the future of their people and the future of the country. I have said on more than one occasion that Malaya can only accept Borneo people from an expression of their own free will to join us.”

Other observers noted that:

“… In conversation with members of the North Borneo delegation to the Malaysia Solidarity Consultative Committee he (the Tunku) has made it abundantly clear that he has no wish to interfere in the internal affairs of North Borneo and is willing to consider sympathetically any proposal for the management by the people of this country of their own internal affairs.” (IGC Report)

Even the Colonial Government of North Borneo cautioned strongly that:

“… It would, indeed, be against the long-term interest of the Malayan Government to insist on excessive control against the wishes of the people of the Borneo territories, which would over the course of the years build up resentment and discontent leading to a repetition within Malaysia of the internal stresses and strains which, in recent years, have become apparent within the framework of Indonesia, and, more recently still, have culminated in the secession of Syria from the United Arab Republic." (‘North Borneo and Malaysia’)

Arising from the various public statements on the need for safeguards and conditions, formal steps were undertaken to identify these safeguards and to present them for discussion by political leaders and officials of all the parties involves. A strong starting point for these discussions was the submission of a Memorandum containing the ‘Twenty Points’ on 29th August, 1962 by the leaders of five newly formed political parties (The United Kadazan Organisation, The United Sabah National Organisation, The United Party, The Democratic Party and The National Pasok Momogun organisation). The Memorandum was a joint declaration setting out the basis on which Malaysia would be acceptable in North Borneo and embodying minimal safeguards in the form of Twenty Points which the parties considered necessary for North Borneo in its entry into Malaysia. The signatories to the 20 Points Memorandum were as follows:

The principles of the 20 Points were accepted in total. The implementation of the Twenty Points was discussed at length by the IGC and most of them were subsequently taken up and incorporated in the Malaysia Agreement.

Discussion of the details of the various safeguards and conditions is the subject of the next section of this Memo. Suffice it to emphasize here that security consideration and economic development were important motivations for support for the proposed Federation, which was identified with independence in the mind of the People. Certainly, there existed as expectation that the new Federation will be conducive to harmony among ethnic groups and economic advancement in the rural areas.

The process of bringing the Malaysia Project to fruition was of course a lengthy and arduous task. It involved, among others, the Cobbold Commission of Inquiry, IGC and UN Malaysia Mission. While these bodies all came to the conclusion that the leaders and people of Sabah generally “expressed strong support for the establishment of the Federation of Malaysia” it is crucial to note that their views were by no means unanimous. The main finding of the Commission of Inquiry deserves to be mentioned here:

“… In accessing the opinion of the peoples of North Borneo and Sarawak we have only been able to arrive at an approximation. We do not wish to make any guarantee that it may not change in one direction or the other in the future.”

“… About one third of the population in each territory strongly favours early realisation of Malaysia without too much concern about terms and conditions. Another third, many of them favourable to the Malaysia Project, asked with varying degrees of emphasis, for conditions and safeguards varying in nature and extent: the warmth of support among this category would be markedly influenced by a firm expression of opinion by Governments that the detailed arrangement eventually agreed upon are in the best interests of the territories. The remaining third is divided between those who insist on independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come…"

"There will remain a hard core, vocal and politically active, which will oppose Malaysia on any terms unless it is preceded by independence and self-government; the hard core might amount to near 20 per cent of the population of Sarawak and somewhat less in North Borneo.” (Extract of the Commission of Inquiry, North Borneo and Sarawak, 1962 – HMSO SMND, 1974).

The reservation exhibited by the people of Sabah (about two-thirds) as regards the proposed Federation served to emphasise the importance they attached to the provision of specific safeguards and conditions because of the uncertainty of their future in the enlarged Federation. The issue of safeguards and their fulfilment by the Federal government was very basic to their decision to form the Federation. Any violation of the safeguards would constitute a violation of the conditions upon which the State agreed to be a party to the formation of the Federation of Malaysia.

In retrospect, the vision of the Tunku, the aspirations of the Sabahan leaders and the consent of the Colonial Government as regards the formation of the Federation of Malaysia all converged on the important conclusion that:

(a)   Sabah would participate in the formation of the Federation in equal partnership with Malaya, Singapore and Sarawak;

(b)   The Federal government would not interfere in the internal affairs of Sabah, which would also be consulted on the future of her people and the future of Malaysia;

(c)   There would be autonomy in specific areas of government;

(d)   The new Federation promised an independence state and an improved economic well-being to the people of Sabah.

With all the political fiasco and moral policing that has been happening in the west (Malaya) recently, one of the most common comments from my fellow Sarawakians is how these things will never be an issue in Sarawak or even how good would Sarawak be if we were never part of Malaysia.

There is truth to that statement and I for one has been vocal about how our state has not gotten our fair share from the Malaysian Agreement that our forefathers in their own foresight signed to put our state in the trajectory of development. However, instead we have been short-changed, used, and milked dry of our resources to further expand the interest of our cousins in the west.

This dissatisfaction birthed the whole state nationalist sentiments ‘Sarawak for Sarawakians’ to in a sense instill regionalist pride among ourselves and the conviction to demand autonomy to run our state the ‘Sarawak Way’. I for one understand why this sentiments is gathering momentum and popularity because when I first heard of it, I also echoed their sentiments.

State nationalism is a good thing, pride for our own state is essential, and knowing where we come from is vital. But after thinking deeper, I do wonder, have these sentiments been wisely used in our current Malaysian political scenario?

Sentiments controls the interest of people, and sentiments divide. It is the same tactics Umno and even PAS are playing with the racial/religious cards to divide people and somewhat bend them to their will. I am not suggesting that ‘S4S’ is a bad sentiment, but just try dissecting its long-term effects as well as timing of the movement.

Recently, the ‘S4S’ movement have even demanded that we kick out all west political parties including the major three; DAP, PKR and PAS (which is actually non-existent). Who has all to gain from this move? Basically they are wiping out the opposition. Adenan Satem is a smart man. Why do you think he is probably the biggest supporter and face of this movement?

May I suggest that it is not the origin of the political party that should matter, but the ‘cause’ it is fighting for is what our focus should be upon. Fact is, a lot of Sarawakian local political parties have not taken care of the welfare of our very own people but rather playing their political games to gain power and to get a cut of the pie of our state’s rich resources.

Just see the games SUPP and UPP have been playing these past few months and when their leaders tried justifying it by saying it’s to serve the interest of the people, I kinda puked in my own mouth. Then the question for us to ponder is do we trust these local parties to spend the same amount of zeal fighting for their own benefit fighting for the state and our very own interest?

My issue with this is that the sentiments might in the right place, but for me its long-term effect might be devastating. Let’s face it, Sarawak will not achieve secession in the near future like many hope to achieve. So our actions or vote will still determine the future of Malaysia as a whole, and the political atmosphere of the west will still affect us.

Don’t let these sentiments cloud us

Through these sentiments, BN component parties will have everything to gain, and the opposition has everything to lose. Do not let these sentiments cloud us for other essential issues in our nation and strengthen a proven corrupt regime who has already messed up the country.

I personally do not think it is a coincidence these sentiments are gaining momentum so close to the state elections. It could be a political play, it may not be as well, but let us be careful that state pride will not be hijacked as a political ploy to stay in power.

Adenan Satem in now saying all the right things. I would like to emphasise that it is up to us to keep check that he walks the talk even after the elections. My hope is that down the line, the legacy of our local political parties will not just be to pride ourselves in keeping out western parties (Umno, etc), but actually building our state and allocating its riches responsibly to its people.

I for one am a firm believer of the future of my own state. I am in fact for the sentiments of state pride, but not for these sentiments to be hijacked to strengthen a corrupt regime. May I suggest again, that instead of pushing for ‘Sarawak for Sarawakians’, I personally prefer if we all push for ‘Sarawakians for Sarawak’.

This ideology instead challenges us Sarawakians to give back to our state whether in politics, economics, education and every other major spheres of influence. Sarawakians, in political parties no matter where its origin, claiming autonomy to run things in our own state which we know the best.

Sarawakians, who will continue to push for autonomy and betterment in education to educate our young, Sarawakians who will do our best in whatever work that is given to us and not take shortcuts, and most importantly Sarawakians who will not exploit the riches of our land for the interest of self.

Instead of just saying “all these will never happen in Sarawak”, show them and exemplify how it should be done that others will ask “what would Sarawakians do?” in moments of crisis.

As we celebrate Sarawak’s independence, let us make sure we will not be chained by any sentiments that will hinder us from the bigger picture. Short-sightedness has caused our state enough damage already.

Dum Spiro Spero - ‘While I breathe, I hope.’

Agi idup agi ngelaban! Happy 52nd Sarawak Independence Day!

As already stated, the Twenty Points Memorandum came into being when five political parties representing the people of Sabah presented a united stand on the minimum safeguards considered by the Sabahan leaders as crucial, the acceptance of which would pave the way for the formation of the new Federation. This document is truly important because it embodies the needs and aspirations of the people of Sabah.

The views expressed in the Twenty Points were the basis of Sabah’s acceptance to be part of the Federation of Malaysia. Most of the Twenty Points were incorporated upon deliberation, into the Inter-Governmental Committee Report and the Malaysia Agreement.

It should be stressed here that while much energies and time were expended in deliberations on the constitutional safeguards, the mechanism for their implementation and protection from change, amendment or deviation was conveniently disregarded. Hence, with a powerful and all-embracing Malayan Government, insufficient attention was paid by the Sabah negotiating team as to how the assurances, undertaking and promises could be implemented once Sabah became a component of the Federation of Malaysia. Little attention was also paid to the subject of recourse which Sabah might take against the Federal government in the event of breach of the constitutional safeguards and assurances. The safeguards were negotiated in the spirit of a gentlemen’s agreement. It can be inferred that the absence of any provision in the 20 Points for a possible recourse which Sabah could take against the Federal government in the event of a breach of the constitutional safeguards and conditions was indicative more of the faith of Sabah’s leaders in former Prime Minister, Tunku Abdul Rahman and the Federal government’s assurances rather than the lack of foresight. To them a gentlemen’s agreement was sufficient guarantee, although later events have proven Sabah’s leaders wrong.

The Twenty Points are presented below together with a statement of their status in the context of the IGC, Malaysia Agreement and Federal Constitution. Comments pertaining to deviations in implementation, where appropriate, are outlined after the presentation of each point.

Point 1: Religion

While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provision relating to Islam in the present Constitution of Malaya should not apply in North Borneo.

Comments:

In the IGC Report this point was taken up in the form of the provision that “Islam is the religion of the Federation” which essentially reaffirmed Article 3(1) of the Federal Constitution.

A contravention of this point occurred when the former Chief Minister of Sabah, Tun Mustapha enabled the passage of a constitutional amendment in the State Constitution thereby making Islam the State religion in 1973. It is well-known that Tun Mustapha actively discriminated against the promotion of other religions by expelling their missionaries. By this act, religious freedom which was intended by this point was abrogated in favour of Islam. His successor, Datuk Harris Salleh, also actively engaged in proselytization by using Islam as an instrument to grant favours to new converts. It was widely perceived by the general public that the actions of both Tun Mustapha and Datuk Harris were motivated by their need to strengthen their own political position vis-à-vis Kuala Lumpur.

In the case of the present Government, it tries to restore religious freedom by dealing with all religions equally but this is perceived as being anti-Islam. This is despite the fact that the State Legislative Assembly in 1986 inserted a new Article 5B “to confer on the Yang Di-Pertuan Agong the position of the Head of Islam in Sabah.”

Today, the status of Islam as the State religion has made it an instrument of political bigotry and provides a justification for religious polarisation and discrimination.

One may, of course, argue that the deviation that has occurred with respect to this particular point was caused by the State and not by the Federal authorities. This is too simplistic a view. As will be shown in Section V of the Memo, an examination of the Federal Government’s dealings with the State during the reign of the previous Chief Ministers shows numerous subtle interferences in Sabah’s political and administrative affairs by Kuala Lumpur, some of which are manifested in the form of administrative measures and decision making by Federal agencies. As a consequence, many constitutional amendments made at the State level which led to the dilution and surrender of several safeguards, were initiated and influenced by Federal Government. (e.g. Federalisation of Labuan).

Point 2: Language

(a)   Malay should be the national language of the Federation;

(b)   English should continue to be used for a period of time of ten years after Malaysia Day;

(c)   English should be the official language of North Borneo, for all purposes, State or Federal, without limitation of time.

Comments:

Tun Mustapha’s administration changed the status of  English by passing a bill, introducing a new clause 11A into the State Constitution, making Bahasa Malaysia the official language of the State Cabinet and State Legislative Assembly. At the same time, the National Language (Application) Enactment 1973 was passed purporting to approve the extension of an Act of parliament terminating or restricting the use of English language for other official purposes in Sabah.  This is putting the cart before the horse, because the National Language Act 1963/67 was only amended in 1983 to allow it to be extended to Sabah by State Enactment. But, no such State Enactment has been passed. Therefore, the National Language Act 1963/67 is still not in force in Sabah. Nevertheless, the above amendments have brought about the following consequences:

(a)   Many civil servants who were schooled in English are now employed as temporary or contract officers because of their inability to pass the Bahasa Malaysia examination.

(b)   The change in the medium of instruction in schools affected the standard of teaching due to lack of qualified Bahasa Malaysia teachers.

(c)   The teaching of other native languages has been relegated to the background.

Many Sabahans believe that the Constitutional Bill passed in 1973 to erode this safeguard was probably made on the advise and influence of syed Kechik, who was regarded as the KL’s man in Sabah. (See Ross-Larson(1980)).

Point 3: Constitution

Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of free association of States and should not be a series of amendments to a Constitution drafted and agreed by different States in totally different circumstances. A new Constitution for North Borneo was, of course, essential.

Comments:

It is obvious that the Sabah and Sarawak negotiating teams were of the opinion that they were joining in the Federation of Malaysia as equal partners, namely Malaya, Singapore, Sabah and Sarawak. However, the request for a completely new Constitution was not granted thereby deviating from the basic agreement. The reasons offered were:

(a)   Due to time constraint. The drafting of a completely new Constitution would take a long time to complete.

(b)   The Sabah negotiating team recognised the amount of time and energy required to draft a new Constitution.

From the foregoing, it is clear that during the negotiation, the State leaders had shown complete trust and confidence in the capabilities of the Malayan leadership in honouring the assurances and promises given them. As a result, minimum fuss was made of the necessity of casting those promises and assurances in enforceable terms to be duly incorporated into official documents, complete with legal and constitutional recourse in the event of breaches. Furthermore, the readiness with which the State leaders consented to the use of Federal Constitution of Malaya as a basis on which new amendments were to be incorporated also illustrates the trusting nature of the State leaders then. However, the speed with which the formation of the Federation of Malaysia was hurriedly implemented, at a time when the people of Sabah were still constitutionally backward, leaves many present-day better educated Sabahans to question the extent of participation of the Sabahan leaders in the entire negotiation process. For such an important undertaking which affects the future of the people of Sabah, certainly more time should been given.

An important agreement reached by the Inter-Governmental Committee was that in certain aspects, the requirement of Sabah and Sarawak could appropriately be met by undertaking or assurances to be given by the government of the Federation of Malaya rather than by constitutional provision. Still, this was a clear deviation from what was requested in the Twenty Points.

Points 4: Head of the Federation

The Head of State in North Borneo should not be eligible for election as Head of the Federation.

Comments:

Since only a Ruler is eligible to be elected as the Head of the Federation in the Malayan Constitution, there was no necessity to make specific provision for the exclusion of the Head of the State of Sabah from election as Head of the Federation.

Point 5: Name of Federation

“Malaysia” but not “Melayu Raya”

Comments:

This point was incorporated into the IGC Report and subsequently into the Federal Constitution.

Point 6: Immigration

Control over immigration into any part of Malaysia from outside should rest with the Federal government but entry into North Borneo should also require the approval of the State government. The Federal government should not be able to veto the entry of persons into North Borneo for State government purposes except on strictly security grounds. North Borneo should have unfettered control over the movement of persons, other than those in Federal government employ, from other parts of Malaysia into North Borneo.

Comments:

While it was agreed in the IGC Report that the Immigration department should be a Federal department, the State should have absolute control of immigration to Sabah from within Malaysia.

Point 7: Right of Secession

There should be no right to secede from the Federation.

Comments:

There was absolutely no reason or need for this point to be listed since it is not a safeguard for the State but for the Federal government. Nevertheless, the amazing readiness of the five political parties to include this as one of the Twenty Points reflected their firm belief that the ‘marriage’ would be a permanent one. Their decision to concede the right to secession was no doubt motivated by the promise of improved economic well-being that the new Federation would bring and the respect with which the Federal government would place on agreed safeguards and assurances.

Point 8: Borneonisation

Borneonisation (Sabahanisation) of the public services should proceed as quickly as possible.

Comments:

As a consequence of Federal’s control on pensions (Article 112 of the Federal Constitution and Para 24 of the IGC Report), all promotions in the Federal department and creation of new posts in the State require Federal approval due to the “pension factor.”

An examination of existing records shows that the number of federalised departments or agencies in Sabah has increased 4 times since Independence. By 1985 there were 62 Federal departments and agencies in Sabah, of which more than 90 per cent is currently headed by Semenanjung officers. According to employment record, there are more than 21,000 Semenanjung officers working in government offices in Sabah. This is a clear deviation of the Twenty Points and IGC safeguards.

The usual justification used by the Federal Government to engage officers from Semenanjung to fill the federalised government positions is the lack of qualified Sabahans. However, it is found that even officers in the C and D categories are still being imported into the State from Kuala Lumpur. Furthermore, there has been no conscious plan to train prospective Sabahans to take over senior posts from these Semananjung officers.

At a time when some 800 graduates and thousands of school leavers in Sabah are unemployed, the existence of a large number of civil servants from Semenanjung serving in government departments gives many Sabahans the feeling that they have been deprived of employment opportunities which, in the context of the Twenty Points, are rightfully theirs.

Point 9: British Officers

Every effort should be made to encourage British Officers to remain in the public services until their places can be taken by suitably qualified people from North Borneo.

Comments:

This point was taken up and discussed extensively in the IGC Report.

Point 10: Citizenship

The recommendations in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights of persons in the Federation of North Borneo subject to the following amendments:

(a)   Subparagraph (I) should not contain the provision as to five years residence;

(b)   In order to tie up with our law, subparagraph (II)(a) should read “seven out of ten years” instead of “eight out of twelve years”;

(c)   Subparagraph (III) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be a Federal Citizen.

Comments:

It is public knowledge that there is a significant number of Sabahans who were born before Malaysia Day is still having problems acquiring citizenship. Furthermore, many natives in the interior regions of the State are still holder of red I.C. because of the problems of verifying their birth.

It is also common knowledge that certain categories of refugees and illegal immigrants in Sabah have been issued with blue I.C. thus conferring upon them citizenship status and enabling them to vote in elections. This occurred particularly during the tenure of the previous State governments. A reliable source indicates that some 198,000 of these refugees have been issued with blue I.C.

According to a newspaper report, which was subsequently confirmed, police forces acting on public complaint raided Peting Bin Ali’s house in Sandakan on 16 November, 1979 and discovered that he was in possession of facilities to issue blue ICs. It is believed that the operators were collaborating with certain registration personnel in Kuala Lumpur. Most surprisingly the culprit was not prosecuted for committing such a grave crime against all the citizens of the country.

The process by which these illegals are registered by the Federal agencies for subsequent issuance of blue ICs, without due reference to the State, is considered by Sabahans as usurpation of the State’s immigration authority. This is a clear deviation from the safeguard on immigration and control of its franchise rights. Furthermore, the use of Labuan as an entry point to Sabah without immigration check, effectively removes immigration control from the State government.

Point 11: Tariff and Finance

North Borneo should have control of its own finance, development funds and tariffs.

Comments:

This illustrates the true feeling of the Sabah leaders concerning Malaysia. They saw Sabah as equal partner in Malaysia. With its vast natural resources not yet fully tapped and the promise of rich oil discoveries, the Sabah leaders foresaw that the State would have adequate financial resources to cater for its socio-economic development. Today, all proceeds of revenue other than those listed in Part III of the Ten Schedule are accrued to the Federal government. These include personal income tax, corporate tax, export and import duties, petroleum royalty, etc. The State government derives its incomes primarily from timber exploitation, copper mining, and since 1974, from the 5.0% petroleum royalty accorded to it.

A study conducted by Institute of Development Studies (Sabah) concludes that since 1976 there was a net transfer of financial resources out of Sabah in favour of the Federal government. It should also be borne in mind that much of the Federal government’s financial flow to Sabah has actually been in the form of operating expenditures to service the large numbers of federalised agencies in Sabah. Although, during the First and Second Malaysia Plan period the Federal government had spent more in Sabah than collected from it, however, since 1976 there has been a net outflow of funds from Sabah to the Federal government amounting to M$2,633.18 million in the Third Malaysia Plan period and M$4,871.46 million during the Fourth Malaysia Plan period. During the First, Second, Third and Fourth Malaysia Plan period, some 80.5%, 72.1%, 66.8% and 68.3% of the financial allocation to Sabah were for operating expenditures of Federal departments and agencies as shown below:


The substantial net outflow of funds from Sabah to Kuala Lumpur is perceived by Sabahans as siphoning off of Sabah’s development funds which is tantamount to financial exploitation of the State.

The understanding of the leaders in joining Malaysia was to achieve an accelerated pace of economic development. However, it appears that the bulk of the Federal funds currently spent in Sabah are for operating expenditures rather than for development purposes.


The overall level of financial allocation to Sabah by the Federal government can be considered as minimal relative to its socio-economic development needs. These allocations are indeed meagre when compared with the amount of financial resources derived by the Federal government from the State as shown by the table above.

It is further felt that the State’s share of its oil revenue (5%) is too small. The sequence of events which led Sabah to sign away its oil rights to the Federal government has continued to puzzle the minds of the Sabahans. Previous Chief Minister, Tun Mustapha and Tun Stephens had consistently refused to sign the Petroleum Sharing Agreement indicating their unwillingness to give up the State’s oil rights. It is interesting to note, however, that in the ensuing political crisis following immediately after the June 6, 1976 plane crash resulting in the death of most of the key BERJAYA leaders, Datuk Harris Salleh dramatically reversed the position of the State government by signing away the State’s oil rights.

To many Sabahans the signing away of Sabah’s oil rights is equivalent to Constitutional amendment. Many believe that unless approved by the State Assembly with a two-third majority, the Chief Minister’s signature alone does not constitute approval of the people of Sabah.

Point 12: Special Position of Indigenous Races

In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malay in Malaya, but the present Malaya formula in this regard is not necessarily applicable in North Borneo.

Comments:

While in principle the special privileges of Sabahan natives are recognised legally, the implementation of the policy has been somewhat dubious. For instance, when job vacancies in Semenanjung are advertised in national newspapers to the effect that “preference shall be given to bumiputera”, what it in effect implies is bumiputera of Malay origin and, inevitably the Malay in Semenanjung. This legacy was exported to Sabah during the reign of the government of Tun Mustapha and Datuk Harris. It is well-known that during those periods, the treatment accorded to indigenous people in the State depended on their religious faith. This gave rise to two categories of indigenous people – Muslim indigenous and non-Muslim indigenous. These actions always done in the name of ‘integration’ with the aim of presenting Kuala Lumpur the impression that the Muslim population in the State had grown rapidly. There were numerous cases during the reign of the previous governments where non-Muslim bumiputeras especially the Kadazans and Muruts, were bypassed for promotion or recruitment into the civil service unless they became Muslim.

Point 13: State Government

(a)   The Chief Minister should be elected by unofficial members of Legislative Council;

(b)   There should be a proper Ministerial system in North Borneo.

Comments:

The incorporation of this point in the IGC Report and Federal Constitution was consistent with the original intentions of the Sabah leaders.

Point 14: Transitional Period

This should be seven years and during such period legislative power must be left with the state of North Borneo by the Constitution and not merely delegated to the State government by the Federal government.

Comments:

This point was not addressed in the Malaysia Agreement nor dealt with in the Federal Constitution, even though the Cobbold Commission studied the point and recommended that the transitional period should be five years, or alternatively, minimum three years and maximum seven years. The ‘Transitional Period’ is actually discussed in Para 34 of the IGC Report and partly in Annex A to the Report.

It was clear that the purpose of introducing the transitional period was to provide the much needed time for the growth of political consciousness among the people of Sabah so that they would be able to understand their roles and responsibilities as political leaders. Both Malaya and Singapore had experienced a period of self-rule before Independence. Since neither Sabah nor Sarawak had any form of political relationship with Malaya and Singapore before the formation of Malaysia, a trial period would have significantly improved the Federal-State relationship right from the beginning. Had the transitional period been effected, it is generally believed that the erosion  of constitutional safeguards may not have occurred so easily and rapidly.

Point 15: Education

The existing educational system of North Borneo should be maintained and for this reason it should be under State Control.

Comments:

The existing educational system referred to primary and secondary schools and teachers training colleges, but not university and post-graduate education. The Sabah delegation wanted to teach English at all levels of schools in the State as the medium of instruction. Malay and other vernacular languages, such as Kadazan and Chinese, were also to be taught and used as the media of instruction in lower level primary schools in some primary schools in some voluntary agency schools. It was the intention that the education policy and its development will be subject to constant adaption and would move towards a national concept but it should not merely be an extension of existing Federal policy.

In the IGC Report education was a federal subject although specific conditions were spelt out for its administration. The IGC Report also specified important conditions pertaining to education development in general including the use of English and implementation of indigenous education.

In 1965, the Sabah Education Ordinance No.9 of 1961 was declared a federal law. During Tun Mustapha’s reign, the State Constitution was amended to make way for the use of Malay as the sole official language by 1973. When the Peninsular introduced Malay as the medium of instruction in Primary One in 1970, Tun Mustapha’s Administration adopted the same policy in Sabah.

Since the Education Act, 1961, was extended to Sabah only in 1976, the introduction of the national Educational Policy to Sabah in late 60s and early 70s with the tacit consent of the then State government under Tun Mustapha was carried out without the proper legal authorities. However, this has been rectified by the extension of the Education Act, 1961.

It is also important to note that the IGC Report made specific references to the responsibilities of the Federal government in developing educational infrastructure in Malaysia, “the requirement of the Borneo States should be given special consideration and the desirability  of locating some of the institutions in the Borneo States should be borne in mind.” By and large, the Federal government has done little for Sabah in the development of higher education facilities, aside from the setting up of a YS-ITM campus and a makeshift UKM branch campus. Even a donation by the State government of 364 hectares of land in 1980 to be developed into a permanent campus of the UKM together with a $5.0 million contribution from Yayasan Sabah failed to elicit the “special consideration” responsibility of the Federal government on the development of education infrastructure in Sabah as contained in the IGC Report.

Yet in Kedah, Universiti Utara Malaysia which was only established in 1984 enjoys the full financing and other support of the Federal government as compared to the Sabah branch of UKM which was established in 1974, or then years earlier.

Such a phenomenon does not only violate the “special consideration” clause supposedly accorded to Sabah but it also speaks of the inequity in the distribution of funds for educational purposes among components parts of the Federation of Malaysia.

Point 16: Constitutional Safeguard

No amendment, modification or withdrawal of any special safeguard granted to North Borneo should be made by the Central government without the positive concurrence of the government of the State of North Borneo. The power of amending the Constitution of the State of North Borneo should belong exclusively to the people in the State.

Comments:

Most of the safeguards contained in the IGC Report were incorporated into the Malaysia Agreement and subsequently into the Federal Constitution, although a number of these have since been repealed. In addition to the provision in the Constitution, Article VIII of the Malaysia Agreement provides that the governments of the Federation of Malaya, North Borneo and Sarawak will take such legislative, executive or other action as may be required to implement the assurances, undertakings and recommendations contained in Chapter 3 of, and Annexes A and B to, the Report of the IGC signed on 27th February, 1963, in so far as they are not implemented by expressed provision of the Constitution of Malaysia.

An additional important agreement reached by the IGC was that certain aspects of the requirements of Sabah could appropriately be met by undertakings or assurances to be given by the government of the Federation of Malaya rather than by Constitutional provision. The Committee further agreed that these undertakings and assurances could be included in formal agreement or could be dealt with in exchanges of letters between the governments concerned.

In the minds of the people of Sabah (and Sarawak), the inclusion of the safeguards in the Constitution was reassuring in that they were as good as guaranteed by the British government. There is, however, an oversight by those responsible for drafting the Constitution to ensure that these safeguards are to be really effective. An amendment to the Federal Constitution must be passed by a two-third majority by the Parliament (which in today’s composition of Parliament is a non-issue) and, where State rights are involved, it must have the consent of the State government concerned (i.e. the Executive). It does not have to be approved by the State Assembly (the representatives of the people of the State) by also a two-third majority. Under the present Constitutional arrangements, the safeguards are therefore as good only as the strength or personality of the State government of the day.

In essence, most of the safeguards can be abrogated by the mere ‘consent’ of the State government of the day, even for the sake of wanting to ‘please’ the Federal government. There is a general belief that this had been the case for previous governments in Sabah.

Para 30 of the IGC Report and Article 161E of the Federal Constitution provide the constitutional safeguards on some specific matters. While, Article 161E is not exhaustive, these are safeguards found in other constitutional provisions. Amendment to Article 3(3) (making the Yang Di-Pertuan Agong the Head of Islamic religion in Sabah) and repealed og Article 161A(1)(2)&(3) (relating to the special position of the Natives of Sabah) and Article 161D (relating to freedom of religion in the State) if made without the concurrence of the Yang Di-Pertuan Negeri contravenes Article 161E.

It should be pointed out that there are also cases where the Federal government failed to seek the concurrence of the State government in making amendments relating to matters under State control.

As regards Fisheries Act, 1985, marine and estuarine fishing and fisheries are in the Concurrent List whereas riverine and inland fishing and fisheries and turtles are in the State List. Therefore, both the State and Federal Legislatures can pass law on the former but only the State Legislature can pass law on the latter (except for the purpose of uniformity; but in such cases the law only come into force in the State if adopted by the State Legislature). In the event of conflict between State and Federal laws, the Federal Law will prevail. However, Sabah has its own Fishing Ordinance, 1963, but this was repealed by PUA 274/72 under section 74 of the Malaysia Act, 1963 apparently without the consent of the Head of State (Yang Di-Pertuan Negeri)

Similarly, when the Federal government put fishery matters as a supplement to the Concurrent List taken away from the State in 1976, concurrence was not sought from the State government. And when the Federal government repealed the Fishery Ordinance in 1978, again the State government was ignored. The Fisheries Department in Sabah is now in danger of being sued by the public because it is enforcing law upon which it has no power to it.

Point 17: Representation in Federal Parliament

This should take account not only of the population of North Borneo but also of its size and potentialities and in any case should not be less than that of Singapore.

Comments:

This point was taken up in the IGC Report and Malaysia Agreement. However, it is important to stress the fact that when considering representation in the Federal Parliament, the potentialities of Sabah should be taken into account and that the mention of the size of Singapore’s representation was only the minimum requirement. There are now 20 members from Sabah in the lower house of the Parliament. This particular point therefore remains ‘unbroken’. But since the signatories of the Malaysia Agreement consisted of the four governments of Malaya, Singapore, Sarawak and Sabah, there is a strong case for arguing that the matter should have been reviewed when Singapore pulled out from the Federation of Malaysia.

Indeed in view of Singapore’s departure from the Federation this safeguards must be reviewed along with other assurances in order to give the Malaysia Agreement validity. This review should be made immediately if Malaysia, as a federation, is to continue to be valid.

Point 18: Name of Head of State

Yang DiPertua Negara

Comments:

The name of the Head of State is Yang DiPertuan Negeri, as opposed to Yang DiPertua Negara as contained in both the Twenty Points and IGC Report. The use of the word ‘Negara’ by the Sabah leaders seems to convey the point that in their minds, independence was to bring with it a certain level of political autonomy for Sabah. It may therefore be argued that Sabah upon joining the Federation was a ‘negara’ or a nation. This clause was amended in 1976 in the Federal Constitution. Hence, the fact that this provision is not followed is a clear deviation.

Point 19: Name of State

Sabah

Comments:

This point was taken up in both the IGC Report and Malaysia Agreement.

Point 20: Land, Forest, Local Government etc.

The provision in the Constitution of the Federation in respect of the power of the National Land Council should not apply in North Borneo. Likewise the National Council for Local Government should not apply in North Borneo.

Comments:

While the State continue to exercise control over land, agriculture and forestry, the Federal government has established a National Land Council whose intention is yet to be determined. Should the National Land Council extend its jurisdiction over Sabah then it will contravene this particular provision.

In conclusion, it is shown that there are a number of critical areas in which the Federal government has deviated from the original spirit and meaning of the constitutional safeguards and assurances granted to Sabah at the formation of Malaysia. The basic conditions were contained in the memorandum called the “Twenty Points”, the contents of which were subsequently incorporated into the IGC Report, the Malaysia Agreement and Federal Constitution. The principle areas in which there have been clear deviations with respect to implementation are those which relate to matters pertaining to Immigration, Religious freedom, Borneonisation, Citizenship, Education, Finance, and Tariff Arrangements and Constitutional safeguards.

Deviations in implementation with respect to these matters have been largely responsible for strained Federal-State relations, thereby presenting barriers for territorial integration. It must nevertheless be stressed that problems pertaining to Federal-State relations do not originate merely from deviations as described above. Equally important is the problem of political interference by Kuala Lumpur in State affairs.

As a result of the deviations and political interferences, an idea is now slowly taking root that there is going to be a ‘take-over’ of the Borneo Territories by Malaya and the submersion of the individualities of Sabah and Sarawak.

The perception in the two states is that current leaders in Putrajaya know very little about 1963.

Sarawakians from all walks from life just celebrated their July 22 Independence Day for only the second time since 1963. It will be the turn of the peninsula and Sabah on August 31. This will be followed by Malaysia Day on September 16.

In previous years, the emphasis was only on August 31, while September 16 has only been observed for the last two years, 50 years after Sabah and Sarawak came together with Malaya in 1963 in a federation.

Before 2013, the police in Sabah and Sarawak would arrest anyone who observed September 16 and shoo away speakers at any public gathering on the occasion.

The Sarawak Government was forced to acknowledge July 22, over the hostility of Putrajaya, after activists demanded that it state in no uncertain terms when their homeland became independent from British rule. They warned that they would not accept the official line in school text books that “Sabah and Sarawak achieved independence through Malaysia on August 31.”

Not surprisingly, the perception in Borneo is that the new generation of leaders in Putrajaya knows little about 1963.

The past has caught up with us to haunt our future.

The Inspector General of Police, Khalid Abu Bakar, for one, demanded to know on the eve of July 22 whether the Sarawak4Sarawakians (S4S) movement was working towards the secession of the state from the federation. He warned that the Sedition Act would be invoked against S4S activists. In response, S4S revised its slogan to the even more controversial “We are Sarawakians” for next year’s celebration of July 22.

In the streets of Kuala Lumpur, the perception of the man in the street is that Sabah and Sarawak are unhappy with Malaysia and can’t understand “why are these people, so far away, with us, when they can be on their own?”

Such views are particularly voiced among non-Malays, who tend to be more outspoken on the relationship across the South China Sea. Malays tend to hold their peace on the issue as they cannot fathom how it concerns them immediately or affects them. They can’t afford the luxury of going beyond immediate bread-and-butter issues, but these are also the main pre-occupation of the others in the peninsula, including the media.

The press in the peninsula takes notice of Sabah and Sarawak only when matters involving the two states’ relationship with the Federal Government are raised and turn acrimonious. Otherwise, it is not interested in covering Sabah and Sarawak. Kinabalu and Lahad Datu were seen as international issues.

Companies in the peninsula, and certain politicians, see Sabah and Sarawak only in terms of their bottom line.

In Sarawak, more so than in Sabah, not a day has passed since 1963 without the people waking up and asking themselves the question: “How did we get into this situation? Why are we with Malaya on the other side of this big sea? They are so far away, even further than the moon. At least the moon is something that we can see every night. Why can’t we be on our own?”

The way forward

The way forward for Sarawak, in the view of some people, including Adenan Satem, is full autonomy.

As has been stated by Prime Minister Najib Abdul Razak, the Federal Government agrees in principle that Sabah and Sarawak should have more powers. Najib sees this as handing over the responsibility for federal departments in Sabah and Sarawak to locals and/or the Sabah and Sarawak governments. As a rule of thumb, he believes that “what they can do, let them do.”

He draws the line when it comes to the oil and gas resources of Sabah and Sarawak. For the people in Borneo, this issue is non-negotiable. Either Petronas has to play ball or leave the region.

The issue is simple: the people in Sabah and Sarawak want Putrajaya to get out of the way. They want to be masters of their destiny. They can no longer accept having the Federal Government tell them what to do or what not to do in their homelands.

Patently, there’s a need to focus on the relationship between Sabah and Sarawak with the peninsula generally and with the Federal Government particularly.

All politics must be about the restructuring of political power and the restructuring of resources. Sabah and Sarawak must have power over themselves and control over their resources.

The only way that the Federal Government can get the people of Sabah and Sarawak immediately on its side is to help them deal with the local elite, who are seen at the moment as simply squatting on them. Given this situation, it’s not defensible, no longer tenable or sustainable in going forward for the local elite to be seen as proxies, stooges and rogue elements of the Federal Government and working against the interests of the people.

There has been a few knee jerk reactions to Dr. Sanib's comments that Sarawak never gained independence on 22 July 1963 and that it was still a colony in 16 September when its sovereignty was transferred by UK to Malaya. 

That makes 22 July 1963 irrelevant as the British put it, the people would be satisfied even if they had independence for one day!

On 22 July 2015 CM Adenan again restated the myth that Sarawak became "independent in Malaysia" which is a contradiction in terms as one country cannot be "independent" within another.

The facts of 53 years say that Sarawak was Malayanized and not Borneonized with direct control of the Sarawak civil service and Sarawak resources in violation of MA63 amongst other violations.

If there was no 22 July 1963 there WOULD still be 16 Sept 1962 because MA63 (forced through by UK in collusion with Malaya) already determined on 9 July 1963 that Sarawak & Sabah sovereignty would be "relinquished" by UK and "vest" (without independence first or a referendum) in the Malayan Federation name changed to "Malaysia". They called this a constitution change.

Read MA63 Articles 1 & 4 

In the first place UK & Malaya had rushed headlong into creating their "grand design" with only one thought - to annex SS into Malayan rule without independence.

Independence was an afterthought. 

The Malaysia Agreement (MA63) was signed on 9 July 1963 when Sarawak and Sabah were still colonies and Sarawak was given 56 days of "self-rule" from 22 July. If Britain had honestly and transparently gone about with their Malaysia plan they should have restored Sarawak independence first as they promised on the annexation (cession) of Sarawak as a crown colony in 1946. This was putting the cart before the horse. 

In doing so the British had violated their Cession undertaking and a number of international law on the making of treaties as colonies were not independent states with legal capacity to make such agreements. Hence, MA63 itself was null and void from the beginning.

The British had to backtrack when the gravity of their error dawned on them and they discussed this in secret with the Malayan government and the TUNKU and his Cabinet who oppose independence for Singapore, Sarawak and Sabah). The British gave a 3 fold reason for giving self-rule.

1. Primarily by giving Sarawak "self-rule" it would soften & deflect local and international opposition to Malaysia which was being condemned as a neo-colonial scheme to re-colonize the Borneo territories to defend Britain’s strategic economic interests.

This was seen in the demonization of the TNKU anti-Malaysia independence uprising on 8 Dec 1962 and later communist led Sarawak guerrilla war for independence as a "threat" to Borneo freedom.

Yes, it is a fact that nationalists of all races including communists fought for Sarawak/Borneo independence.

The British had to convinced Malaya to agree to self-government. Malaya had strongly opposed grant of Sarawak self-rule (and also to S'pore & Sabah) and said it was against their (secret) agreement to take over these territories without independence but to merely absorb them into Malaya's colonial embrace.

2. By giving self-government the British explained would also deflect the local anti-Malaysia movement and Indonesian accusation that the people were forced into "forming Malaysia".

3. Self-government for Sabah was to imply that Sabahans rejected the Filipino claim on Sabah and instead they had chosen "Malaysia" .

Again I ask readers to read the declassified British colonial papers which set out the real intentions of UK & Malaya to re-colonize SS in "Malaysia"

Source: Borneo Wiki

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