Showing posts with label Sarawak's 18 points. Show all posts
Showing posts with label Sarawak's 18 points. Show all posts

Thursday, March 18

Trails of Broken promises

The British Members of Parliament have expressed their sympathies and concerns over the way Sarawakians and Sabahans have been treated in Malaysia after they have heard allegations and complaints from Sabah and Sarawak delegations.

“They are going to look into our allegations and complaints,” said Nicholas Bawin, leader of Sarawak delegation.

According to Bawin, a member of the British Parliamentary Select Committees on Human Rights Virendra Sharma promised the Sabah and Sarawak delegations that the British MPs will look into the allegations.

“I will look into the allegations and bring them to a higher level,” Sharma, who is the Labour MP for Ealing, told Bawin and Daniel John Jambun of Sabah.

Bawin informed Members of the House of Commons that Sarawak agreed to join Sabah, Malaya and Singapore to the establishment of the Federation of Malaysia as equal partners when the federation was formed on 16 September 1963.

“We agreed because of the terms and conditions that were promised us,” said Bawin, when he presented a memorandum to the Commons on 9 March.

He said: “These terms and conditions which had been recorded by the Cobbold Commission Report 1962 and the Inter-Governmental Committee, 1962 had been stipulated in the 18-point Malaysia Agreement for Sarawak.

“These terms and conditions have also been included in the Federal Constitution to ensure such terms and conditions are entrenched in the Laws of the Nation.

“However, sad to say, such important promises and aspirations are forgotten when Malaysia began to grow up as a nation. Malaya became the most beneficial party to the Malaysia Agreement, while Sabah and Sarawak only received hand-outs from Kuala Lumpur, the Federal Government,” he said.

“What remains are trails of broken promises,” said Bawin, former president of Sarawak Dayak National Union (SDNU), pointing out that Malaya being the main party behind the merger and formation of Malaysia has failed to honour its promises.

“When Sabah and Sarawak agreed to set up Malaysia, they joined as equal partners with Malaya. However, due to constitutional amendment made to Article 1(2) of the Federal Constitution, the position of Sabah and Sarawak has been relegated to a mere one of the 13 States of Malaysia,” he added.

On Language, Bawin said that the rigid enforcement and usage of the Malay language in schools and institutions of higher learning has invariably contributed to the decline in the standard of education in Malaysia.

“This has caused our children to suffer,” he said.

Referring to Borneonisation of the civil service, he said that the reverse process of domination by Malayan officers has taken place. Almost all top civil service are dominated by Malayan officers down to the rank and file.

He went to say that the discriminatory approach, when issuing identity cards to Sarawakians particularly the natives, has caused misery and untold deprivations to the natives, including the deprivations to their rights as citizens.

He said the special positions of the natives of Sarawak must be safeguarded especially on land ownership, fair quota in civil services including armed forces and police personnel, fair access to scholarship and education and training, and fair access to licences and permits to trade and business.

“These special positions of the natives of Sarawak are almost forgotten. The natives have been systematically deprived of the ownership to their native customary rights lands. Now the government has stopped issuing land titles to native customary rights lands in preference to government driven and controlled land development schemes.

“Large areas of native customary rights lands have also been taken and given to big corporations to be developed into oil palm and tree planting plantations,”
he said.

Bawin alleged: “The quota for the employment of natives in the service no longer applies in view of the flooding of civil service with Malayan officers as well as preference only to certain tribal groups.

“The giving of scholarships and educational grants are also very discriminatory. Children of native people are not given their dues when it comes to the award of scholarship and educational grants.

“The giving of licences and permits to trade and business is also very discriminatory. It is so difficult for natives of Sarawak to get licences and permits. On the other hand, certain groups get them easily. This has encouraged the rise of corruption and bribery.”

Talking of constitutional safeguards, Bawin said that due to the political dominance of Malayan parties in Malaysia, the constitutional safeguards for Sarawak have slowly been removed. The federal system of government is slowly diminishing and Malaysia is moving towards a unitary state. In the process, Sarawak is losing many of its state rights.

“After the withdrawal of Singapore from Malaysian entity, Sarawak and Sabah lost out to Malaya because the quota in Parliament allocated to Singapore was taken up mostly by Malaya. This has caused imbalance in power which tilted towards Malaya. This also caused domination of Parliament by Malaya.

“The delineation of the parliamentary and state constituencies is also discriminatory to the natives of Sarawak. Although the Dayaks natives of Sarawak form about 50% of the State population, it is not reflected in the number of the constituencies, both parliament and stake allocated to them,”
he said.

Bawin called on the British Members of Parliament to help Sarawak to relook into the Malaysia Agreement as Sarawak was once the British colony.- The Broken Shield

Source: www.thebrokenshield.blogspot.com

Tuesday, October 27

The Malaysian Agreement

KUCHING - A PKR vice president Dr. Jeffrey Kitingan has assured that the rights of Sabah and Sarawak that are the bases for the two States to join the Federation of Malaysia 46 years ago will be restored if Pakatan Rakyat is to form the next Federal Government.

“These rights are contained in the Malaysian Agreement. For Sabah there are 20 points, and Sarawak 18 points,” he said when delivering a keynote address at a forum held a hotel in Kuching on Sunday night.

The forum entitled ‘Promises of Malaysia for Sarawak and Sabah – The Way Forward’ was organised by PKR Batu Kawah branch to enlighten the people regarding the formation of Malaysia.

State assemblyman for Padungan and a PKR leader Dominique Ng and former MP for Sri Aman Jimmy Donald also spoke at the function which was attended by some 100 people.

“We have in Sabah the Tambunan Declaration – a new deal that has been accepted as the national policy of PKR. This declaration is not only to remind our national leaders of the promises made to Sabah and Sarawak, but also a promise that will restore our rights,” Kitingan said, adding that apart from the points as mentioned in the Agreement, there were also undertakings and assurances pledged to the Borneo States.

Many national leaders as well as Sabahans and Sarawakians do not know about the 20 or 18 points that were spelt out in the Malaysian Agreement.

“It is our duty to remind and to educate the federal leaders on the Malaysian Agreement,” he said and pointed out that it was not entirely their faults that the rights of the two States had been taken, overlooked and neglected. Sabah and Sarawak leaders should equally be blamed as they did not seek the implementation of those rights.

“What did we do? We go along with them. We forget about our rights and franchise due to greed for power. Compared to Sarawak, Sabah is worse due to the entry of UMNO which introduced money politics and politics of fear,” he said, claiming that Sabah which was once the richest in the country is now the poorest State as well as infested with problems of illegal immigrants.

Kitingan said that when Malaysia was formed on 16 September 1963, our founding father Tunku Abdul Rahman promised that Sabah, Sarawak and Malaya would be regarded as equal partners.

“But today the two states are just being treated like a state of Perlis which is no bigger than Miri,” he said, calling on the people of the two states to “work and to move together” through PKR.

“PKR is a national party that has accepted our rights. One day we hope that our rights that have been eroded are to be restored,” he said.

Kitingan who is one of those who have been actively advocating for the restoration of rights and justice for Sabah had been arrested under ISA.

“I do not do this (fight for justice) for myself, but for our people. I consider it our duty,” he stressed.

At the end of the forum, six main resolutions including recognizing the partnership status of the former federation of Malaya and the former British colonies of North Borneo and Sarawak as the cornerstone of viable, strong and enduring nation building agenda and setting up a Royal Commission of the Federation renewal were adopted.

The 20-point Malaysian Agreement For Sabah

Point 1: Religion
While there was no objection to Islam being the national religion of Malaysia, there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply in North Borneo.

Point 2: Language
(a) Malay should be the national language of the Federation.
(b) English should continue to be used for a period of ten years after Malaysia Day.
(c) English should be the official language of North Borneo for all purposes, State or Federal without limitation of time.

Point 3: Constitution
Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of free association of States and should not be a series of amendments to a constitution drafted and agreed by different States in totally different circumstances. A new Constitution for North Borneo was, of course, essential.

Point 4: Head of the Federation
The Head of State in North Borneo should not be eligible for election as Head of the Federation.

Point 5: Name of the Federation
“Malaysia” but not “Melayu Raya”

Point 6: Immigration
Control over immigration into any part of Malaysia from outside should rest with the Federation Government but entry into North Borneo should also require approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purposes except on strictly security grounds. North Borneo should have unfettered control over the movement of reasons, other than those in Federal Government employ, from other parts of Malaysia into North Borneo.

Point 7: Right of Secession
There should be no right to secede from the Federation.

Point 8: Borneanisation
Borneanisation of the public services should proceed as quickly as possible.

Point 9: British Officers
Every effort should be made to encourage British Officers to remain in the public services until their places can be taken by suitably qualified people from North Borneo.

Point 10: Citizenship
The recommendations in paragraph 148 (K) of the Report of the Cobbold commission should govern the citizenship rights of persons in the Federation of North Borneo subject to the following amendments.

(a) Subparagraph (1) should not contain the provision as to fie years residence.

(b) In order to tie up with our law, subparagraph (1a) should read ‘seven out of ten years’ instead of ‘eight out of twelve years’.

(c) Subparagraph (III) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be a Federal citizen.

Point 11: Tariff and Finance
North Borneo should have control of its own finance, development funds and tariffs.

Point 12: Special Position of Indigenous Races
In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malaya formula is this regard is not necessarily applicable in North Borneo.

Point 13: State Government
(a) The Chief Minister should be elected by unofficial members of Legislative Council.
(b) There should be a proper Ministerial system in North Borneo.

Point 14: Transitional Period
This should be seven years and during such period legislative powers must be left with the State of North Borneo by the Constitution and not merely delegated to the State Government by the Federal Government.

Point 15: Education
The existing educational system of North Borneo should be maintained and for this reason it should be under State control.

Point 16: Constitutional Safeguards
No amendment, modification or withdrawal of any special safeguards granted to North Borneo should be made by the Central Government without the positive concurrence of the Government of the State of North Borneo. The power of amending the Constitution of the State of North Borneo should belong exclusively to the people of the State.

Point 17: Representation in the Federal Parliament
This should take account not only of the population of North Borneo but also of its size and potentialities and in any case should not be less than that of Singapore.

Point 18: Name of Head of State
Yang Dipertua Negara

Point 19: Name of State
Sabah

Point 20: Land, Forests, Local Government, etc
The provisions in the Constitution of the Federation in respect of the power of the National Land Council should not apply in North Borneo. Likewise, the National Council for the Local Government should not apply in North Borneo.

(Note: The Broken Shield will later on publish Sarawak’s 18 points in the Malaysian Agreement) - The Broken Shield

Source: www.thebrokenshield.blogspot.com