PART TWO OF A THREE PART SERIES
The Sarawak State Legislative Assembly (DUN) building, situated on the north bank of the Sarawak River, has long been one of Kuching’s most famous landmarks.
Officially opened in 2009, this majestic structure stands not only as an architectural icon but also as a symbol of the state’s rich political history and cultural heritage.
Constituted under Article 13 of the state constitution, the Assembly holds the power to legislate on any matter for the state, except those within the exclusive domain of the federal Parliament as outlined in the Federal List of the ninth schedule of the federal constitution.
The Concurrent List specifies subjects that both the Assembly and Parliament may legislate on; however, federal law prevails in case of conflict.
The State List covers matters exclusively under the state’s jurisdiction, and the Assembly also possesses residual powers over any unspecified matters.
DUN Speaker Tan Sri Datuk Amar Mohamad Asfia Awang Nassar has been helming his post for almost 25 years.
To ensure the legacy of Sarawak is preserved and understood by future generations, he believes that it is crucial to instill an appreciation for Sarawak’s historical achievements and current political strengths.
He also stressed the importance of unity in safeguarding Sarawak’s legislative integrity, warning that internal disagreements could undermine their legislative defense.
Reclaiming Sarawak’s Rights under MA63
Referring to the historical event leading up to the formation of the Federation of Malaysia, Mohamad Asfia said the Cobbold Commission, a Commission of Enquiry, was set up to determine whether the people of North Borneo (now Sabah) and Sarawak supported the notion.
He said one-third of the people of Sarawak agreed and accepted Malaysia without conditions while another one-third rejected Malaysia regardless of the terms and conditions.
“The remaining one-third agreed and accepted Malaysia with conditions. These conditions are enshrined in MA63, which was signed in London on July 9, 1963.
“When Sarawak signed the MA63, it did not do so as a colony but as a nation alongside Malaya, Singapore, and Sabah. Sarawak fulfilled the necessary criteria to be recognized as a nation.
“If you start to interpret this (MA63 and its provisions) in a complicated way, that means you do not wish to honor what was signed. The English is plain and simple,” he said.
Mohamad Asfia recounted how Sarawak’s chief ministers were often sidelined during negotiations in the past.
He said this resulted in the people of Sarawak waking up to find their territory being sliced away as well as losing their continental shelf, subsoil, seabed, oil, and gas.
“Sarawak negotiators would often return to Kuching with their pockets full of sand. This is why Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg initiated to table the motion in DUN to establish a select committee known as the Consultative Committee in 2018.
“This committee’s terms of reference are to advise the DUN, keep the DUN updated on the MA63 as well as to prevent a repeat of what happened in 1974 and 1975 (Petroleum Development Act 1974). That is why Sarawak managed to get more out of oil and gas compared to before,” he said.
Mohamad Asfia, who is the DUN MA63 Consultative Committee chairman, said the committee comprises honorable members of the august House – both government and opposition.
“The committee does not just comprise the government side because Sarawak’s interests are at stake. The committee also advises the DUN on the progress of negotiations so that never again our continental shelves as well as oil and gas will be taken away,” he said.
The Strength of Sarawak Legislature
According to Mohamad Asfia, the strength of the Sarawak legislature is reflected by the strength of its honorable members of the august House and the people of Sarawak.
“If honorable members are united, speak with one voice and unanimous in their decisions, the strength will be reflected outside of DUN whereby the people of Sarawak fully support them. Thus, we can stand up against any pressures from the federal government.
“However, if they are divided and fight against each other then there’s not much effort needed by the federal government to topple them. As such, the strength of the Sarawak legislature is reflected by the unity of the honorable members and the people towards a common purpose and goal,” he said.
Mohamad Asfia said Sarawak is standing firm on safeguarding its rights as enshrined in the MA63.
“We are not fighting for oil in Kelantan or gas in Terengganu, we are just safeguarding our continental shelf as well as oil and gas,” he said.
Protecting Sarawak’s Unique Legislature
Mohamad Asfia pointed out that Sarawak has the largest number of honorable members in its august House, which is presently 82.
The DUN Chamber, located on level eight of the building, has the capacity and facilities to support up to 108 members in the future.
He highlighted the unique nature of Sarawak’s legislature, which allows the use of English, Malay, and any native language in the Dewan.
“This is unique, not only in Malaysia but globally. It is crucial to preserve and prolong this practice by safeguarding it for future generations.
“This flexibility is essential to provide opportunities for individuals from the rural areas of Sarawak to speak in the Dewan,” he explained.
Mohamad Asfia revealed that in the past, honorable members of the august House have spoken in their native languages.
“They would need to inform me at least three days prior so that I can arrange for a translator. Otherwise, there is no problem,” he said.
Educating Sarawakians and Future Generations to Come
To ensure the legacy of Sarawak is preserved and understood by future generations, Mohamad Asfia said it is crucial to educate youth about the rich history and unique political landscape of the state.
“We must instill in them an appreciation for our historical achievements and current political strengths, such as Sarawak’s status as the state with the highest revenue in Malaysia. The struggles for our rights on oil and gas as well as continental shelf are not for the present generation, but for the future generation and posterity.
“The young generation must understand and accept that these struggles are for them. It is not for me or the honorable members of the august House; it is for our children and future. The future is bright as we make it to be,” he said.
Noting how there were no racial internecine or religious polarization in the history of Sarawak, Mohamad Asfia said the continuation of happily living together among the various ethnicities in the state will remain steadfast.
“There has always been political stability and racial harmony. Political stability is built on the substratum of racial harmony, and economic prosperity is built on the foundation of political stability.
“As such, Sarawak is an exemplary example to the other states in Malaysia,” he said.
United We Stand, Divided We Fall
At the same time, Mohamad Asfia emphasized the importance of unity in safeguarding Sarawak’s legislative integrity.
He said any internal disagreements among honorable members could undermine Sarawak’s legislative authority.
Thus far, he said, there are no such threats as there is a shared common purpose and goal of protecting Sarawak’s rights.
“We do not fear if we are united, have one voice and unanimous. What we fear is if Sarawakians themselves start to dance to the tune from the other side,” he said.
Touching on the robustness of both the Federal Constitution and State Constitution, Mohamad Asfia said Article 2 of the Federal Constitution protects the defined territory of Sarawak.
Article 2 of the Federal Constitution deals with how new territories can be added to the Federation and how the boundaries of existing states can be changed.
There are two provisions under this Article, namely adding new states in which Parliament has the power to bring new states into the Federation; and changing of state boundaries whereby Parliament can also change the boundaries of any state, but this can’t be done without the approval of the state involved.
This approval must come in the form of a law passed by that state’s legislature, and the Conference of Rulers must also give their consent.
“The territory of Sarawak cannot be disturbed, changed, or reduced. The word ‘and’ (in Article 2) is to be read conjunctively and not disjunctively – that is our defense,” he said.
As such, Mohamad Asfia reminded lawmakers of the long-term implications of their decisions.
“There is nothing wrong with the Federal Constitution or MA63. The moment when we start to disagree among ourselves, we would weaken that safeguard,” he said.
