Being optimistic and realistic on MA63 rights

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What can be solved within a month, we will solve them while the rest, hopefully, we will see and maybe we will have to bring the matters to Parliament to get the approval.

– Datuk Seri Fadillah Yusof

One month. That was the deadline set by Prime Minister Datuk Seri Anwar Ibrahim who gave full mandate to his deputy, Datuk Seri Fadillah Yusof, a Sarawakian, to resolve outstanding issues regarding the Malaysia Agreement 1963 (MA63).

From a Sarawak viewpoint, the mandate that was given befits the state’s role in leading the charge for Borneo in reclaiming MA63 rights thus far.

While Sarawak has been fighting on its own for some time now, whatever Sarawak gets, its neighbour Sabah, will also seek to emulate the former.

It also marks a new milestone for the Sarawak government’s fight for the return of eroded MA63 rights – a fight that Sarawakians largely attribute to being pioneered by late chief minister Pehin Sri Adenan Satem.

Gone are the days that Sarawak had to shake the proverbial tree and see what falls out – we are in power now, actual power.

This is thanks to the overwhelming support by the people of Sarawak who are united for a single cause – to see that all pledges that are outlined in MA63 are duly fulfilled.

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However, with the newly established position and voice in Putrajaya, it does come with a set of challenges, one is time.

It took more than a year since the imposition of the State Sales Tax in 2019 that the matter is fully resolved, whereby the courts asserted Sarawak’s rights to impose the tax on Petroliam Nasional Berhad (Petronas).

It took several more months for the national oil and gas company to pay the outstanding SST.

It also took many months for Putrajaya and Sarawak to come to terms for the latter to be represented on the Internal Revenue Board (IRB).

The constitutional amendment to recognise MA63, making it part and parcel of the Federal Constitution also took some time.

This was due to the need to consult all relevant parties and reach an agreement whereby the states of Sarawak and Sabah along with the federal government are engaged for it to materialise.

In essence, the process to facilitate the return of MA63 must be done carefully and in a meticulous manner – this takes time.

So, to do what has previously taken months and years is definitely a huge challenge.

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At the very least, Sarawak can be comforted by the fact that the foundation to reclaim all the outstanding rights have been laid by way of the recognition of MA63 which is now bound in the Federal Constitution.

Sarawak has its own son, former Federal de facto Law Minister Datuk Seri Wan Junaidi Tuanku Jaafar, to thank for that.

The amendment to four articles in Federal Constitution – the list of the states of the Federation in Clause 2 of Article 1; the definition of the Federation and the new definition of Malaysia Day in Clause 2 of Article 160; the indigenous races of Sarawak in Clause (6)(a) of Article 161A; and the removal of Clause 7 of Article 161A – came into force earlier this year.

Besides rights listed in MA63, it meant that Sarawak could now also claim certain rights listed under the Inter-Governmental Committed (IGC) Report 1962.

Sarawak has listed its demands pertaining to the increase in seats for the two Borneo states in Parliament. We are seeking 35 percent of the parliamentary seats, an increase over the current 25 percent of seats.

While the Special Council on the Malaysia Agreement 1963 (MKMA63) has endorsed the restoration of the seat ratio, its implementation rests with the Election Commission (EC). More constituencies have to be carved out of existing ones.

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As the state’s de facto Law Minister Datuk Sharifah Hasidah Sayeed Aman Ghazali said, rights that can be resolved in a short span of time are the target now.

One of them was the proposed amendment to the Inland Revenue Act 1995 (Act 533) would allow Sarawak to claim the appropriate amount of special grants based on the rights and laws as enshrined under Article 112 (D) of the Federal Constitution.

While we are optimistic that eroded rights can be reclaimed, we too must be realistic.

Time is of the essence – more time must be given for all outstanding rights to be resolved by the federal government.

The people too have to give more time to this government for them to see to it that these rights are restored.

The government must continue to stand so that the process of returning eroded rights to Sarawak and Sabah are unaffected.

The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.

 

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