‘Harris also failed Sabahans’

The greatest failure of the formation of Malaysia is the non-compliance of the Malaysia Agreement and the down-grading of Sabah and Sarawak, claims Bingkor assemblyman Jeffrey Kitingan.

KOTA KINABALU: Former Chief Minister Harris Salleh is as much to blame for failing to safeguard the position of Sabah in Malaysia and its local members of parliament, said State Reform Party’s (Star) Sabah chairman Jeffrey Kitingan.

“I agree totally with (Tan Sri) Harris that the leaders of Sabah failed to safeguard the position of Sabah in Malaysia and these leaders, including Harris himself, are to be blamed for the position of Sabah today … down-trodden, subservient and colonised as the 12th state of Malaya masquerading as Malaysia,” said Kitingan.

But Kitingan disagrees with Harris on the issue of the 20-Points Agreement, which the later had said “was irrelevant” because it had already been assimilated into the federal constitution.

Harris had said this during a forum – ‘The Formation of Malaysia – the Untold Story’ organised by the Sabah Society here.

Kitingan, who is Bingkor assemblyman, however maintained that the 20-Points Agreement is relevant as long as Sabah is part of Malaysia.

“It must be implemented together with the Malaysia Agreement, in particular Article VIII where the Governments of Malaya, Sabah and Sarawak are required by whatever means including legislative, executive or other action as may be required to implement the assurances, undertakings and recommendations of the IGC Report which are not implemented by express provision in the Constitution of Malaysia,” he said.

He reminded that even Prime Minister Najib Razak in the run-up to the general election in May had agreed that the 20-Points were valid and needed to be respected.

“With due respect to (Tan Sri) Harris, his contention that the 20-Points have been incorporated in the Constitution and is irrelevant is not true.

“Where is the new Constitution of Malaysia under Point No.3?

“Where is the Borneonisation of the public services under Point No. 8 when 80% of the top posts in government departments are headed by Malayans while Sabahans are only given low-ranking positions and menial jobs?

“Where is the control of Sabah’s own finance, development funds and tariffs under Point No. 11?

“Where is the special position of indigenous races under Point No. 12 when the State is over-run by foreigners given dubious ICs and better rights than the local natives?, ” he asked.

Non compliance

He further questioned the rationale of issuing Malaysian identity cards to Indian Muslims born in India and who as a result of their new citizenships enjoyed better privileges and rights than a native born in Sabah.

He also asked why the education system is not under the control of the Sabah government under Point No. 15.

“Why are amendments to the Federal Constitution made without the positive concurrence of the Sabah Government under Point No. 16,  in particular the amendment on 27 August 1976 downgrading Sabah to be the 12th State?

“Why is the federal representation in Parliament not in line with Point No. 17?”

Kitingan thus maintained that the greatest failure of the formation of Malaysia is the non-compliance of the Malaysia Agreement and the down-grading of Sabah and Sarawak from equal partners to the 12th and 13th subservient state/colony of Malaya.

He also said it was not necessary to focus on the Federal Constitution when Article VIII of the Malaysia Agreement clearly provides for the governments of the federation “to take such legislative, executive or other action as may be required to implement the assurances, undertakings and recommendations of the IGC Report in so far as they are not implemented by express provision of the Constitution of Malaysia”.

“The 20-Points will forever be relevant so long as Sabah remains in Malaysia.

“And the Malaysia Agreement and the 20-Points will be at a higher hierarchy than the Constitution of Malaysia as the Constitution will be subject to the terms and conditions agreed and promises and assurances given to Sabah for the formation of Malaysia under the Malaysia Agreement and the 20-Points,” he said.

Kitingan thus stressed that the time has come for the Sabah government and Sabahans to assert itself as an equal partner in Malaysia.

“We will need to see whether the Chief Minister and the government leaders will prove Harris wrong since the Chief Minister had at the opening session of the current State Assembly asserted that Sabah joined Malaya and Sarawak to form Malaysia in 1963,” he said.