Return of Sabah and Sarawak as ‘negara ku’

 

With the amendments to Article 1(2) of the Federal Constitution, Sabah has announced its intention to amend its own state constitution to restore the title of the head of state from the present Yang di-Pertua Negeri to the former Yang di-Pertua Negara; from a mere state to a nation.

Those from Malaya will now understand why Sabah and Sarawak have their own immigration laws as both states have always been countries within Malaysia.

By right, the Borneo states, being former British colonies, should have been given the right for self-determination. Article 1(2) of the UN Charter states its “respect for the principle of equal rights and self-determination of peoples”.

International human rights covenants likewise proclaim that “all peoples have the right of self-determination,” by virtue of which “they freely determine their political status and freely pursue their economic, social, and cultural development”.

Restoring the status of the Borneo states is broadly in line with the UN Charter, of which Malaysia is a signatory.

However, we need more than Article 1(2) to reach the standards of other developed areas in Malaysia where most people already enjoy access to clean water, good road networks for commerce, constant electricity supply to maintain quality of life, and access to good health and education facilities.

One veteran Sabah politician lamented that the constitutional amendments do not really amount to a great leap forward, but actually brings us back to the starting point when Malaysia was formed.

Sabah and Sarawak affairs minister Maximus Ongkili says that all pre-constitutional documents, such as the Malaysia Agreement, Inter-Governmental Committee Report, Cobbold Commission, and even the 20 Points and 18 Points can now be directly cited as legal and constitutional because these were all appendices of the Malaysia Act and the Malaysia Agreement.

The good news is that the legal basis of Borneo states has now been established.

While it’s a welcome relief, the next stage is somewhat murky despite the optimism. Many matters are still unclear and time is of the essence to make things happen. It takes many rounds of negotiations before everyone is satisfied with the outcomes.

Many politicians from different political parties and MA63 activists are still not convinced that the amendments will make a difference. People are reminded of Jeffrey Kitingan’s parliamentary speech where he claimed that 60% of East Malaysians want to secede from Malaysia because people are disappointed with the budget allocations for Sabah.

Whether it’s the 12th Malaysia plan or the federal budget, political leaders have complained that the allocation is insufficient to carry out the development agenda in both states.

Not only are the Borneo states behind in the development of their infrastructure, but they also have the dubious reputation as being the poorest region in Malaysia.

The first university in Sabah was only founded in 1994 whereas Universiti Malaya was founded in 1909. Before that, students from the Borneo states had to fly all the way to the peninsula or study abroad for undergraduate studies.

Schoolchildren in the interior of Sabah still have to walk long distances daily to reach the nearest schools or climb trees to access the internet to study or sit for exams.

Those in rural areas have to travel miles over dirt tracks to access medical facilities which we take for granted. The UN mantra “leave no one behind” is just mere words.

Why the secrecy over the 21 points?

Despite Ongkili’s jubilation, some have questioned why the 21 points negotiated between the Borneo states and Dr Mahathir Mohamad during the Pakatan Harapan administration are still kept under the Official Secrets Act.

All the documents Ongkili cited relating to MA63 are now in public domain, but the 21 points which are crucial in deciding the territorial boundaries of the sea, and oil and gas rights for the Borneo states, are kept hush hush.

Instead, Sabahans have read that commercial arrangements have been reached by the state government and Petronas. One academic has pointed out the deal is not transparent and some activists have commented on whether Sabah has surrendered its continental shelf claim and oil and gas rights in return for a smaller share of the profits.

The paradox of the Borneo states is that they are the richest in oil and gas resources and yet the poorest in Malaysia. The oil and gas resources should make the Borneo states as rich as the United Arab Emirates or Saudi Arabia. Instead we have become poor due to exploitation by others.

The angst against the federal government is not likely to go away overnight despite the constitutional amendments.

Political settlements such as the sales tax on petroleum products are good for the country and a win-win solution for both sides, but big issues like the 40% share of net revenue derived by the federal government, which is stated in the constitution, is still owed to Sabah.

Some have claimed that the federal government owes the Sabah state government trillions in past tax revenue collections.

The Borneo States cannot solely blame the federal government for their own predicament. Some blame should be apportioned to the past and present leaders of the Borneo states for their indiscretions and not being steadfast in fighting for their states.

Nevertheless the restoration of the Borneo states’ separate status is better late than never. Now it is left to the leaders of Sabah and Sarawak to take advantage of a new beginning and deliver the goods to the people. - FMT

The views expressed are those of the writer and do not necessarily reflect those of MMKtT.