As Sarawak celebrates its 60th anniversary, there are many successes and achievements that the state, along with its people, can be proud of.
The state government has actively fought to restore Sarawak’s rights as enshrined in the Malaysia Agreement 1963 (MA63).
However, many Malaysians still do not understand how Sabah, Sarawak, and the Peninsular (previously known as the Federation of Malaya) came together in the MA63, as this matter is only briefly covered in national history textbooks.
In the 1960s, the British were under pressure to leave their colonies in the Malay Archipelago.
They wanted to ensure that their business and strategic interests would remain under a pro-British government.
Thus, they pushed for Sabah (then known as North Borneo), Sarawak, and Singapore to merge with the Federation of Malaya, which had received its independence in 1957 and remained a reliable British ally.
To prepare for this, the Cobbold Commission conducted a survey which concluded that the people of North Borneo and Sarawak were open to the formation of a new country, provided that their rights and needs were safeguarded.
Following this, the MA63 was written to ensure a safe and successful decolonising process and clear and equal terms for the formation of Malaysia between the four territories.
The two Bornean states had come up with specific memorandums, namely 18 points for Sarawak and 20 for Sabah in the agreement.
Among the points are total control over its own immigration laws by the state government, the Borneanisation of the local civil service, Islam would be the official religion of the federal but both states would have no official state religion as to honour local faiths, the protection of the special position and privileges of indigenous persons, and both states’ representation in the federal government is proportionate to its population.
While Singapore negotiated a separation and became an independent state in August 1965, Sabah and Sarawak remained with beliefs that as two of the founding partners of Malaysia, their agreements and autonomy would be respected as well as upheld by the constitution of Malaysia. Unfortunately, over time the value of the MA63 eroded.
In 1976, the agreement was reworded, leading Sabah and Sarawak to be reduced from equal partners of the former Federation of Malaya to mere states within Malaysia.
Throughout the years, Sarawak has been fighting for the restoration of the rights enshrined under MA63.
The prevailing narrative is that some rights have been lost due time, be it intentionally or unintentionally.
One of Malaysia’s founding fathers, the late Tun Jugah Barieng, had foreseen such, as described by his quote, “Anang Malaysia baka tebu, manis ba pun, tang taba ba ujung (Let’s hope that Malaysia will not end up like sugarcane, sweet in the beginning, but tasteless at the end).”
Against this backdrop, the Gabungan Parti Sarawak (GPS) state government, led by Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg, has made concerted efforts to restore the eroded rights.
The culmination of this effort saw the passing of the Constitution (Amendment) Bill 2021 related to the Malaysia Agreement 1963 (MA63) in Dewan Rakyat on Dec 14, 2021.
The amendments saw changes to Article 1(2) of the federal constitution, listing Sabah and Sarawak as states of the Malaysian federation separate from peninsular states.
More importantly, the changes to the federal constitution would also see a redefinition of ‘federation of Malaysia’ to give recognition to MA63.
This gives dignity to Sabah and Sarawak as being part of Malaysia, which then created this country. Amendments to Article 161A(6) and Article 161A(7) allocate that the definition of the original races in Sarawak is no longer subject to provisions under the federal constitution and can instead be determined by the Sarawak government.
The amendments involve the list of the states of the Federation in Clause 2 of Article 1; the definition of the Federation and the new definition of Malaysia Day in Clause 2 of Article 160; the indigenous races of Sarawak in Clause (6)(a) of Article 161A; and the removal of Clause 7 of Article 161A.
Several days after the constitutional amendments took effect, the Sarawak Legislative Assembly (DUN) passed several amendments to the Constitution of the State of Sarawak on Feb 15, 2022.
Among them is restyling the term ‘Chief Minister’ to ‘Premier’ and the term ‘Assistant Minister’ to ‘Deputy Minister’.
The amendments took effect on March 1, following the gazettement of the Constitution of the State of Sarawak (Amendment) Ordinance 2022.
Following these developments, the Sarawak government has continued to push for the full implementation of MA63, including the devolution of powers and greater financial autonomy.
The state government has also been actively working to promote Sarawak as a tourism and investment destination, with a focus on sustainable development and the preservation of its unique cultural and natural heritage.
To conclude, Sarawak’s journey over the past 60 years has been one of progress and achievement, but also of challenges and struggles.
The recent constitutional amendments and the Sarawak government’s efforts to restore the rights enshrined in MA63 are important steps towards a more equitable and just Malaysia, and recognition of the unique contributions and identity of Sabah and Sarawak.
As Sarawak continues on its path of development, it is important that its people continue to work together towards a brighter future for all.
