THE Sarawak government is insisting that despite education falling under the jurisdiction of Putrajaya, existing educational policies and systems in the Borneo states should remain under state control unless the state government decides otherwise.
Deputy Minister in the Sarawak Premier Department (Law, MA63 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali explained that the recommendations in the Inter-Governmental Committee (IGC) Report and Malaysia Agreement 1963 (MA63) are indeed intended to safeguard Sarawak’s rights.
“The recommendation in paragraph 17 of the IGC Report states that, although education falls under the jurisdiction of the federal government, the existing educational policies and systems in Sabah and Sarawak should remain under state control unless the state government decides otherwise,” she said.
She said this in reply to Billy Sujang (GPS-Opar) during question-and-answer time today.
Billy had posed a supplementary question on whether there is a protective provision under MA63 or the IGC Report that specifies Sarawak’s rights in the field of education.
Hasidah added the recommendations in the IGC Report, including the recommendation in paragraph 17, must be read in conjunction with Article 8 of the MA63, which states, “the Governments of the Federation of Malaya, North Borneo, and Sarawak will take legislative, executive, or other actions necessary to implement the assurances, undertakings, and recommendations set out in Chapter 3 and Annexes A and B of the IGC Report.”
“What I quoted earlier ensures that Sarawak can take administrative actions to implement any recommendations provided for under the IGC Report,” she said.
Billy also asked to what extent the recommendations in the IGC Report and the MA63 are legally binding, and how they impact Sarawak’s claims for autonomy.
Hasidah in reply said: “In our view, we firmly believe that the recommendations in the IGC Report and the MA63 are strong, relevant, and indisputable.
“As we know, many of the recommendations in the IGC Report and provisions of the MA63 have become key foundations for the provisions of the Federal Constitution up to this day.”
She added that there are recommendations in the IGC Report that have served as a basis or foundation for successful claims made by the Sarawak government, such as the appointment of a Sarawak representative as a member of the Inland Revenue Board.
“In 2021, an amendment to Article 160 of the Federal Constitution was approved, which granted due recognition to the MA63. As a result, MA63, the IGC Report, and all other related documents were incorporated into the Federal Constitution. Additionally, Article 8 of the MA63 states:
“The Government 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 Inter-Governmental Committee signed on 27th February, 1963, in so far as they are not implemented by express provision of the Constitution of Malaysia.”
Hasidah stressed that this article has also bound the IGC Report as part of the Federal Constitution, in line with the mentioned amendment.
On the issue of education, she said the federal government has agreed to 10 demands under the MA63, of which the agreed matters are administrative demands.
