KUCHING, Mar 13: Sarawak Association for People’s Aspirations (SAPA) has stressed the great importance of rectifying the omission of a preamble in the Federal Constitution to truly reflect the historic roles of Sabah, Sarawak and Singapore in being equal partners in the formation of the Federation of Malaysia in 1963.
According to SAPA president Dominique Ng, care should be taken to craft and insert a statement which formally recognises that Malaysia was established pursuant to the Malaysia Agreement 1963 (MA63).
He warned that otherwise it would lead to Sarawakians questioning the hidden objective of the federation which was created during a state of emergency and opposition by the Borneo people who feared Peninsular Malaysia colonisation and domination.
“We are concerned that all this talk about amending the Constitution would be no more than cosmetic changes if not followed up by fully reinstating Sarawak to its MA63 position in all areas where its rights and powers have since been abrogated,” he said in a statement today.
He was responding to reports that the Sarawak government would focus on amending the Federal Constitution Article 160(2) to restore Sarawak and Sabah’s 1963 status as partners in the formation of Malaysia and has reportedly abandoned the inclusion of the clause “pursuant to the Malaysia Agreement 1963” in the relevant Article 1(2) of the Constitution.
Referring to the three conditions set by Gabungan Parti Sarawak (GPS) to have accepted the offer to be in the federal government as cabinet members, Ng expressed disappointment that GPS had placed Sarawak under the grip of Peninsula control once more.
The first condition was for the federal government to acknowledge Sarawak’s rights under the MA63, second to acknowledge Sarawak’s rights over its natural resources, particularly its oil and gas, and third was that GPS would not be a part of Perikatan Nasional (PN) but only a partner under PN Plus GPS.
“On the third condition, it is unclear how this would in any way preserve the independent position,” he questioned, adding that GPS should explain this change to the public.
While he agreed that conditions one and two should be supported, he said however, that merely acknowledging Sarawak rights under MA63 and rights over its resources particularly oil and gas would not be sufficient unless these were constitutionally reinstated to the 1963 position.
“The illegal federal abrogation of these rights and powers has given rise to great injustices which impeded the advancement of Sarawak and its people for 56 years,” he reminded.
Ng thus urged GPS government to incorporate the certain preconditions, if it had not already done so, as part of any further negotiations on Sarawak’s MA63 rights and powers.
“The amendment must include a repeal of all constitutional amendments and acts without exception which took away Sarawak rights such as the Continental Shelf Act (CSA) 1966, ACT 354A 1976, Petroleum Development Act (PDA) 1974, and Territorial Seas Act (TSA) 2012, as they impinge on Sarawak’s territorial autonomy and control of land and resources, especially oil and gas.
“Immediately restore the 38.4 per cent ratio (1/3 share) in federal parliament seat allocation to Sabah and Sarawak as was specifically agreed to in MA63 to define the special autonomous character of the Borneo States in the federation.
“Borneonisation must proceed immediately by restoring control of the Public Service to Sarawak control as well all former state communications and public security departments or forces being the police and the Sarawak Rangers, to be stationed in Sarawak,” he elaborated.
Other matters that should be raised in the negotiations included having education returned to Sarawak’s control, all unused federal appropriated Sarawak land be returned, Sarawak development be given top federal priority with full funding, protect native rights especially over land matters, control over state taxation and imposition of customs duties and abolition of the cabotage system.
The GPS government, he reminded, must put Sarawak’s interests as the paramount concern, not Peninsula’s federal interests which have been well taken care of.
“If the federation is unable to accommodate even restoring Sarawak’s rights as agreed to in MA63 and preserved by the Federal Constitution then the Sarawak government must seriously consider the alternative of independence by exiting the Federation,” he added. —DayakDaily
