KUCHING: Restoring the status of Sabah and Sarawak in the Malaysia Agreement 1963 (MA63) is inadequate, says a political analyst.
University of Malaya’s Associate Professor Dr Awang Azman Awang Pawi said what was more important was for both to be given enough power for their governments to make decisions.
Next, he said it was important for Putrajaya to increase allocations to Sabah and Sarawak according to the real needs of their people.
He said the MA63 needed to coincide with the Oil Mining Ordinance 1958 (OMO58) so that the rights of Sarawak would be more meaningful.
The Oil Mining (Amendment) Bill 2018 passed by the Sarawak State Assembly last year, among others, was to update several provisions in the OMO58 and to bring the ordinance in line with current practices and operations in the upstream sector of the oil and gas industry.
With the amendment, Sarawak would be able to strengthen its regulatory control over the exploration and prospecting for petroleum and mining on land.
“This means that this ordinance has the power to regulate upstream activities in Sarawak.”
Awang Azman also said that Sabah and Sarawak should be given attention in terms of greater development, which would of course involve additional expenditure from Putrajaya, but added that this was actually the responsibility of the federal government under the federal concept.
He said the number of elected representatives and senators from Sabah and Sarawak should also be increased in proportion to the size of Sarawak.
“This is a struggle and is not merely a solitary change.”
On the proposed amendment to Article 1(2) of the Federal Constitution tabled in Parliament on Thursday which many said would not change the status of Sarawak and Sabah in the Federation of Malaysia, Awang Azman said it was just cosmetic – changes on surface level without having a profound effect on Sabah and Sarawak people such as the massive increase in the allocation of the people of Sabah and Sarawak, the state autonomy, the increase in the number of elected representatives and senators.
He said many Sabahans and Sarawakians found the amendment to be of no clear difference.
“It looks like it’s a half-hearted amendment without details and fulfilling the true spirit of MA63.”
Sarawak legal counsel Datuk Seri J C Fong had also pointed out that the amendment would not change the status of Sarawak and Sabah in the federation.
Fong pointed out that after the amendment, there would still be 13 states, including Sarawak and Sabah as Clause (2) in the amended bill reads:
The states of the Federation shall be –
(a) Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu, and
(b) Sarawak and Sabah.
“We are still states. It makes no difference and in fact we have entrenched our position as one of the states,” he said.
Domestic Trade and Consumer Affair Deputy Minister Chong Chieng Jen, who is Sarawak DAP chairman, in a statement here yesterday said the proposed Amendment Bill tabled by the Pakatan Harapan government on Thursday was the first step towards restoring Sarawak’s position and legal status to that at the time of the formation of Malaysia.
He said the Structure of Article 1(2) of the Constitution in the 2019 proposed amendment was exactly the same as that of the 1963 Article 1(2), save that “we no longer use the phrase “the States of Malaya” and “the Borneo States”.
“All this while, we, Sarawakians, demanded for the restoration of Sarawak’s rightful place in the Malaysia Day (1963) Constitution, this is exactly what the PH government intends to do with the amendment.
“Therefore, it is most regrettable that the GPS Members of Parliament have resorted to the walkout protest with Umno when the Amendment Bill to restore Sarawak’s position was tabled in Parliament for first reading yesterday (Thursday),” said Chong.
Chong added that the amendment was to set the legal framework right, putting Sabah and Sarawak as a separate categories from the other 11 states in Peninsular Malaysia, adding that it was also in line with the original structure in the Federal Constitution.
“It puts Sabah and Sarawak in the correct platform envisaged by our forefathers when Malaysia was formed.
“The amendment is only a starting point to the continuous process of devolution of powers and reinstating Sabah and Sarawak’s equal standing as the 11 states in Peninsular Malaysia. It doesn’t stop there.
“The MA63 Steering Committee and Technical Committee will still continue with the meetings and discussion on the devolution of powers,” said Chong.
