By Lian Cheng & Yvonne Tuah
KUCHING, Aug 28: Sarawak became part of the Federation of Malaysia on September 16, 1963, joining forces with Malaya, Singapore, and Sabah in a historic union. This landmark moment followed extensive negotiations, all aimed at uniting these territories to create a more secure, economically viable, and politically stable country.
Central to this formation was the Malaysia Agreement 1963 (MA63), which laid the foundational framework for Sarawak’s entry into the new Federation. Embedded within the Agreement were 18 points specifically agreed upon between Sarawak and the Federation of Malaya. These points set out the terms and conditions of Sarawak’s participation and addressed essential matters of governance, autonomy, and the rights of Sarawakians.
The 18-point agreement was designed to safeguard Sarawak’s autonomy in several critical areas, including immigration, education, religion, language, and the rights of its indigenous peoples.
These provisions were meant to protect Sarawak’s interests and ensure that its unique cultural and political identity would be respected and preserved within the new Federation.
Shortchanged
From the formation of Malaysia in 1963 through to 2024, Sarawak endured six decades of being sidelined within the broader national framework. Despite its vital contributions and aspirations, the State was repeatedly shortchanged, its autonomy eroded, and its rightful status diminished. Rather than fostering growth and partnership, a series of constitutional amendments and the introduction of new laws from Putrajaya steadily undermined Sarawak’s authority and standing.
Among the most deeply felt grievances were the downgrading of Sarawak’s status from an equal partner in the Federation to merely one of 13 states, the usurpation of Sarawak’s oil and gas (O&G) resources, and the persistently inadequate development allocations, despite Sarawak being a significant contributor to national revenue through its natural wealth.
For many years, discontent simmered among Sarawakians, yet the issue of diminishing rights remained largely under the radar. The issue only became widespread and greatly discussed after the late Pehin Sri Adenan Satem assumed office as Chief Minister of Sarawak where he publicly demanded the return of Sarawak’s rights.
His bold stance struck a powerful chord with the people. His outspoken defence of Sarawak’s autonomy unified communities across the State, creating a groundswell of support that was powerfully reflected in the 2016 State Election.
Under Adenan’s leadership as the chairman, Sarawak Barisan Nasional (BN) reclaimed many lost seats by securing a commanding 72 out of 82 seats during 2016 Sarawak Election. Following his passing on January 11, 2017, the fight for Sarawak’s rights was resolutely taken up by his successor, Datuk Patinggi Tan Sri Abang Johari Tun Openg, who not only continues the momentum but intensifies the push to reclaim Sarawak’s rightful place within the Malaysian Federation.
Federalism in MA63 Not Power Centralisation
To make his stance clear, Abang Johari delivered a strong statement during his winding-up speech at the Sarawak Legislative Assembly on November 17, 2017.
“We in Sarawak continue to exert our rights under MA63 because if we don’t look after ourselves, nobody else will. Sarawakians have been too trusting. Now, Sarawakians are even more vigilant because many of our native sons and daughters are highly educated, who can read and write, and are aware of what is going on.
“We do not want wool to be pulled over our eyes. We can see clearly now. We will do due diligence in all our agreements. We are exerting our rights under MA63 because we want to safeguard our economic interests for the present and future generations of Sarawakians,”
Abang Johari vowed. It has been an arduous uphill battle in Sarawak’s attempt to regain its derogated rights, marked by deliberate delays, bureaucratic obstacles, and staunch resistance from its counterparts in Peninsular Malaysia.
During the Malaysia Day celebration in 2019 held in Kuching, Abang Johari reiterated his stance on MA63 and federalism, after outlining the reasons that led Sarawak to take the step to be part of Malaysia. To him, the federalism of Malaysia as enshrined in MA63 is unique, with “non-centralisation of power” being one of its key elements.
“In my view, the most important of these common elements (of federalism) are: a written Constitution which outlines power-sharing terms between the federal and State governments, and non-centralisation, which provides a system for enforcement of constitutional terms through diffusion of power,” he said.
Abang Johari expressed his hope that the ongoing negotiations “will see no losers, and more importantly, no derogation of constitutional rights, special safeguards, and status accorded to the States of Sabah and Sarawak, as agreed by the nation’s founding fathers embedded 56 years ago in the Federal Constitution.”
Upgrading Sarawak’s Status
In the effort to regain Sarawak’s lost rights, one of Abang Johari’s biggest achievements was his unrelenting pursuit to amend Article 1(2) and Article 160(2) of the Federal Constitution, to redefine the status of Sarawak and Sabah as equal partners to Malaya.
The current Sarawak Head of State, Tun Pehin Sri Dr Wan Junaidi Tuanku Jaafar, who was then Minister in the Prime Minister’s Department (Parliament and Law) and the Member of Parliament for Santubong, tabled the Constitutional (Amendment) Bill 2021 to restore Sarawak’s status as enshrined in MA63.
On December 14, 2021, the Bill was passed with a two-thirds majority after its second reading in Parliament. It was subsequently passed in the Dewan Negara later that year and received the royal assent from the Yang di-Pertuan Agong, Al-Sultan Abdullah Ri’ayatuddin Al-Mustafa Billah Shah, in 2022.
Following the passing of the Bill, Sarawak and Sabah are no longer regarded as two of the thirteen states, but rather as separate entities with autonomy in areas stipulated under MA63. The special position of the two Bornean States within the Federation is reinforced, providing stronger protection of their rights in the face of federal policies.
Gaining Ground
Following this significant milestone, Sarawak continued to make strides in reclaiming its rights. The State successfully secured the devolution of power in areas such as immigration and land. Notably, several parcels of undeveloped land previously leased by the Federal government were returned to Sarawak, with more expected to follow.
Among these reclaimed properties was the General Post Office building, a historic landmark in Kuching.
Sarawak also regained implementation authority over federal projects valued at RM50 million and below. In line with this, the Sarawak Public Works Department (Sarawak JKR) and the Sarawak Department of Irrigation and Drainage (DID) were officially recognised as technical departments.
While Sarawak had long been excluded from key federal financial bodies such as the Inland Revenue Board and Petroliam Nasional Berhad (PETRONAS), Abang Johari succeeded in securing Sarawakian representation on these boards. This critical inclusion ensures that the State now has a voice in decision-making processes and access to financial data and resources vital for its development.
Nothing More, Nothing Less
Abang Johari has, on several occasions, expressed his firm determination to restore Sarawak’s rights as provided under MA63—nothing more, nothing less.
“Sarawak and Sabah are now finding a fast and amicable solution to get back our rights in full, as signed by our leaders in 1963. No more, no less. We will not agree to anything less,” he said during a special address at the late Yang di-Pertua Negeri Tun Pehin Sri Abdul Taib Mahmud’s 82nd birthday celebration in Sibu on October 13, 2018.
Abang Johari’s unyielding resolve to uphold Sarawak’s rights remains evident in every decision he makes, each one a firm step forward in advancing Sarawak’s progress. – DayakDaily
