COMPLIANCE MECHANISM - IGC REPORT

Malaysia. Report of the Inter-Governmental Committee, 1962.

Chapter II. Establishment of the Federation of Malaysia

14. In certain respects the Committee agreed that the requirements of the Borneo States could appropriately be met by undertakings or assurances to be given by the Government of the Federation of Malaya rather than by Constitutional provisions, and these are mentioned in the appropriate sections of this Report. The Committee agreed that the more important undertakings should be included in the formal agreement and envisaged that the other undertakings and assurances might be dealt with in exchanges of letters between the Government concerned.

1. the Committee - United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and Singapore.
2. Borneo States - North Borneo (Sabah) and Sarawak

First, we need to understand what is the requirements of the Borneo States. Where we can find the requirements of the Borneo States?

The requirements of the Borneo States can be seek and understand through the formation of the Federation of Malaysia itself which was contained in the IGC Report, Malaysia Agreement 1963 as well as United Nations (UN) Resolution 1541. 

According to the UN Resolution 1541 and Malaysia Act 1963 Chapter 35, The Federation of Malaya must act as a Trustee of the Trust Territories (Sabah and Sarawak) by fulfilling the trusteeship obligation accordingly based on the IGC Report, Malaysia Agreement 1963, federal constitution and UN Resolution 1541. This is the requirements of the Borneo States where undertakings or assurances must be taken, devised and obliged by the Federation of Malaya and the Government of Sabah and Sarawak through the formation of the new Federation of Malaysia since 16th September 1963.

It was state in paragraph 14 of the Report of the Inter-Governmental Committee, "rather than by Constitutional provisions" which means that any undertakings or assurances taken by the Federation of Malaya towards Sabah and Sarawak and vice versa, can be made through free negotiation as peers between the equal partner relationship of the Federation of Malaya with Sabah and Sarawak. 

This requirements of the Borneo States and undertakings or assurances actually explain the relationship between the Trustee and the Trust Territories which was an international relationship between the Government concerned based on the international agreement (Malaysia Agreement 1963). A relationship that go beyond the federal constitution, as peers in international relation, "rather than by Constitutional provisions". Since this relationship is based on the international agreement, it is beyond the reach of the Constitutional provisions. Thus explaining the sentences "rather than by Constitutional provisions".

However, it must not be misunderstood as if there is any superiority in the relationship of the Trustee and the Trust Territories. Principle VIII of the UN Resolution 1541 state that Integration with an independent State (the Federation of Malaya) should be on the basis of complete equality between the peoples of the erstwhile Non-Self-Governing Territory (Sabah and Sarawak) and those of the independent country with which it is integrated. Thus, The Federation of Malaya, Sabah and Sarawak was equal partner in the Federation of Malaysia.

The undertakings or assurances to solve any conflicts and problem or to seek the implementation must complied with the IGC Report, Malaysia Agreement 1963 and the UN Resolution 1541.

It was also state that the more important undertakings should be included in the formal agreement. In addition to the free negotiation to solve or to implement the requirements of the Borneo States, formal agreement must be sealed between the Federation of Malaya with the Government of Sabah and Sarawak respectively. The least that the Federation of Malaya and the Government of Sabah and Sarawak can do to take appropriate undertakings or assurances to solve or to implement any issues arises in regards to the relationship between the Federation of Malaya and the Government of Sabah and Sarawak is through exchanges of letters between the Government concerned. 

After a free negotiation, formal agreement or exchange of letters or any other compliance mechanism has been undertaken and pursue properly, an appropriate enactment can be made to seal of the such undertakings or assurances. 

The implementation and resolving the conflicts between the Federation of Malaya and the Government of Sabah and Sarawak through such mechanism as explained above, any decision thereof must be enacted or written in black and white.

Who are responsible for the compliance mechanism?

According to the paragraph 14 of the Report of the Inter-Governmental Committee, The government of the day is responsible to solve any conflicts and to seek a full implementation of the IGC Report, Malaysia Agreement 1963 and UN Resolution 1541. The government of the day is the Barisan Nasional under the leadership of the Prime Minister of the Federation of Malaya renamed Malaysia, Najib Razak and the Chief Minister of Sabah, Musa Aman and the Chief Minister of Sarawak, Adenan Satem. The government under their leadership is responsible to met such requirements of the Borneo States and to take proper undertakings or assurances thereof.

Let us not forget the responsibility of the British government which act as a former trustee of the Borneo States, custodian and co-signatories of the Malaysia Agreement 1963. The British government also responsible to ensure final responsibility of their trusteeship upon the Borneo states especially Sarawak in line with the 9 Cardinal Principles is fully met. Transfer of trusteeship through Malaysia Act 1963 Chapter 35 doesn't mean ceasing the obligation but a mere step to ensure the obligation can be ceased through the formation of the Federation of Malaysia. I doubt it was anywhere near successful and the British must take responsibility to ensure  requirements of the Borneo States was fully met through their unsatisfactory irresponsible act to transfer the sovereignty on 16th September 1963.

Successful or not the government of the day doing their job to meet their obligation, you be the judge.

*New information will be continue to be added in this article at a regular basis as per requirement.

Author: Zulfaqar bin Sa'adi. Information Chief of State Reform Party (STAR).

ENGLISH LANGUAGE - A REBUTTAL TO TAN SRI ABDUL KADIR SHEIKH FADZIR (IKATAN)

Looks like some people has their information twisted when Parti Ikatan Bangsa Malaysia, or Ikatan, has stated that Bahasa Malaysia should remain the sole official language in Sarawak. It was an easy Google search information that CM Adenan Satem announced on 18th November 2015 that English will be an official language of Sarawak alongside Bahasa Malaysia.

52 years ago, in 1963 as per the formation of the federation of Malaysia, it was already agreed that various rights and constitutional safeguards for the Borneo States was being incorporated into the formation of the federation of Malaysia itself. Such rights and safeguards was being outline in an easy read documents of the Report of the Inter-Governmental Committee (IGC) and Malaysia Agreement 1963.

Below are such rights and safeguards which has been outlined in the documents:

ENGLISH LANGUAGE AND THE REPORT OF THE INTER-GOVERNMENTAL COMMITTEE

Malaysia. Report of the Inter-Governmental Committee, 1962. 

Chapter III. Proposed Constitutional Arrangements.

28. National Language

Malay should be the national language of the Federation of Malaysia, but Article 152 should be modified in its application to the Borneo States so as to secure that:-

(a) for a period of ten years after Malaysia Day and thereafter until the State Legislature otherwise provides, the English language shall be an official language and may be used in the Legislative Assembly and for all other official purposes in the State, whether Federal or State purposes, including correspondence with Federal Ministries and Departments;

(b) for a period of ten years after Malaysia Day and thereafter until the Federal Parliament otehrwise provides, the English language may be used by the representatives of the Borneo States in both Houses of the Federal Parliament;

(c) for a period often years after Malaysia Day and thereafter until both the State Legislatures have otherwise provided, all proceedings in the Supreme Court relating to cases arising in the Borneo States and all proceedings in the High Court of the Borneo States shall be in the English language (subject to the proviso regarding evidence in the existing Clause (4)); and

(d) until the State Legislature otherwise provides, all proceedings in subordinate Courts in the State, other than the taking of evidence, shall be in the English language.

Malaysia. Report of the Inter-Governmental Committee, 1962.

Chapter III. Proposed Constitutional Arrangements.

30. Costitutional safeguards

(1) It is mentioned in other parts of this Report that the Federal Constitution should provide that certain provisions relating to the Borneo States should not be amended or repealed without the concurrence of the Government of the State concerned. These provisions relate to immigration, citizenship, representation in the Federal Parliament and the High Court of the Borneo States. In addition, in relation to the Borneo States, special safeguards on these lines will also be needed in respect of the distribution of legislative powers, and the executive authority of the Borneo States on matters within their legislative powers, and related financial arrangements, and in respect of the following other matters-

(i) religion;

(ii) language; and

(iii) the special position of the indigenous races. 

ENGLISH LANGUAGE AND THE MALAYSIA AGREEMENT 1963

Malaysia. Agreement concluded between the United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and Singapore. 

Annex A. Malaysia Bill. 

Part III. General Constitutional Arrangements. Title VI. 

Chapter 2 - Borneo States. 

61. Use of English and of native languages in Borneo States.  

(1) No Act of Parliament terminating or restricting the use of the English language for any of the purposes mentioned in clauses (2) to (5) of Article 152 shall come into operation as regards the use of the English language in any case mentioned in Clause (2) of this Article until ten years after Malaysia Day.

It is important to understand about the "conditional" clause for the enforcement of the "Malaysia Day" when we read the IGC Report and Malaysia Agreement 1963 in relation with the usage of the English language. The date of the Malaysia Agreement 1963 being commence is not based on the date of Malaysia Act being passed by the federation of Malaya but was actually based on the word "Malaysia Day".

Article II of the Malaysia Agreement 1963 says: "...the date on which the said Act is brought into operation is hereinafter referred to as "Malaysia Day""

The date was initially planned to fall on the 31st August 1963, but was postponed to the 16th September 1963. Now, the problem is, nowhere that the definition of "Malaysia Day" was found in the federal constitution to make "Malaysia Day" enforceable. There is no date being define in the federal constitution to be referred as "Malaysia Day" which make "Malaysia Day" clause was unenforceable. For this reason, the ten years "Malaysia Day" clause in the usage of English language will have no effect of the law.

This means, as long as the definition of "Malaysia Day" was not properly inserted into the federal constitution, Sarawak can use the English language for as long as we want until it was amended or repealed with the concurrence of the Government of Sarawak.

Other than the unenforceable clause of “Malaysia Day”, it was also stated in the “Constitutional safeguards” of the Report of the Inter-Governmental Committee that “…certain provisions relating to the Borneo States should not be amended or repealed without the concurrence of the Government of the State concerned…”. That certain provision also included in respect of the usage of language of the state.

This means that any decision related to the usage of any language in Sarawak was a state rights and any move by the Malaya cum Malaysia federal government to change the rights of Sarawak in the usage of English must be made in concurrence of the Government of Sarawak. Language is Sarawak rights enshrined in the IGC and Malaysia Agreement as well as federal constitution. Kept in mind, that federal constitution cannot change IGC and Malaysia Agreement 1963 as it was inter-governmental agreement beyond the reach of the Malaysia parliament itself. Any changes in the federal constitution also must abide with the term agree in the IGC and Malaysia Agreement 1963. Otherwise, it was a breach of the Malaysia Agreement 1963 which means a breach of Malaysia itself. When you breach anything about Malaysia, you are not being patriotic!

SARAWAK A MULTI-LINGUAL SOCIETY

What kind of understanding has the people like Tan Sri Dr Rais Yatim and Tan Sri Abdul Kadir Sheikh Fadzir has in mind and heart about Sarawak?

Do you know that Sarawak is a multi-racial and multi-religious society?

With such diverse culture and tradition, of course come with it, is a multi-lingual society. It was a norm to meet a Sarawakian Malay who speaks in Iban, Malays, English or Melanau. It was a norm to meet Sarawakian Chinese who speaks Malays, Melanau, Iban and etc. Such multi-lingual society is not the cause of our disintegration, but in contrary, it has become the richness and a point of unity for Sarawakians through the ages. This is the advantages of Sarawak. Through a multi-lingual society, it was an advantage for Sarawak to have English as the official language alongside Bahasa Malaysia. The advantages as the people can learn easily the English language as how easily the people can grasp others language through living together. This is how Sarawakians has united. We learn others language not just for communication but to further our understanding of how our brothers and sisters from another ethnic group communicate and see the world. The success of Kuching to become the City of Unity recently also prove that the methods apply by us is far beyond what Tan Sri Dr Rais Yatim and Tan Sri Abdul Kadir Sheikh Fadzir can grasp to full understanding.

It was agreeable that Bahasa Malaysia signifies the Malaysian identity. Nobody denied that. English as another official language also signifies Malaysian identities. It signifies that what was incorporated in the Malaysia Agreement 1963 itself. What was defined in Malaysia Agreement 1963, is what signify Malaysia. It was the non-compliance of the Malaysia Agreement 1963 is what bad for Malaysia, but upholding Malaysia Agreement 1963 will certainly signifies what is Malaysia is all about. And the rights of Sarawak to use English as another official language of the state is what signify Malaysia. Rejecting such rights is not. So, the usage of English as Sarawak official language alongside Bahasa Malaysia is clearly signifying Malaysia.

MALAYSIA UNITY IS DIFFERENT THAN MALAYA UNITY

Wait a minute…at a time of Merdeka? For sure you’re talking about the Independence Day of Malaya in 1957 right? Since the federation of Malaysia has never gained independence as it was only formed on 16^th September 1963 through equal partnership of Malaya, Singapore, Sarawak and Sabah together with British as co-signatories. 

Nobody are using Malaya constitution. We all are using Malaysia constitution. But before we go further, you better work out on the right definition of Article 1 in the constitution first. Are we using Malaya Agreement 1957 or Malaysia Agreement 1963? This is a completely an interesting different topics altogether. 

I would be agreeing with you that the federation of Malaysia has been struggling to ascertain its character as a nation and that the national language represented an integral part in history to unify the people under a single banner. Better yet, in a true sense of reality, it was the federation of Malaya that has been struggling to unify its people, not the federation of Malaysia. 

To unify the people of Malaya, Sarawak and Sabah would need another strata of understanding and mindset. To unify the people of the federation of Malaysia (not Malaya), just abide with the Malaysia Agreement 1963, respect the agreement and implement the agreement. That’s how you unite the people at large. This is a big part of our history together as a nations within an enlarge federation. This is our banner. A banner called Malaysia Agreement 1963. So, respect the rights of Sarawak in term of the usage of English language to be implementing as the state official language. “Bangsa Malaysia” can only be mould through this basic history of Malaysia. The basic understanding of Malaysia Agreement 1963.

Sarawakians are happy to be multi-lingual society as it was our culture and tradition. A culture and tradition that will always uniting us as Sarawakians and a culture and tradition that will make us a progressive society in the years to come. If the people in the West Malaysia failed to get behind such a practical world we are living in, it just make it obvious, how West will remain to be West and East remain to be East (Tips: United Nations Resolution 1541).

The most effective ways for our children to master English as an international language is to make it official that English is our official language alongside Bahasa Malaysia. This is but, only a starting point for the next steps of how English will be moulded successfully into our society, once again just like in the historical past. Perhaps, the re-introduction of the English School, Teaching of various subjects in English and so on.

Related news READ HERE: 
http://www.therakyatpost.com/news/2015/11/24/bahasa-malaysia-signifies-malaysians-says-ikatan-president/

*New information will be continue to be added in this article at a regular basis as per requirement.

Author: Zulfaqar bin Sa'adi. Information Chief of State Reform Party (STAR).

SARAWAKIAN SUSPICIONS OF 'GREATER MALAYSIA'

Declassified documents

31 March 1962

Letter from Lord Cobbold to Mr Maudling

*The copy of this letters wasn't supposed to be kept and such is the secrecy and importance of this letters.

CORRESPONDENTS 

1. Reginald Maudling (7 March 1917 – 14 February 1979) was a British politician who held several Cabinet posts, including Chancellor of the Exchequer. Reginald Maudling was for a short time, as Secretary of State for the Colonies in 1961, responsible for the process of decolonisation.
2. Cameron Fromanteel "Kim" Cobbold, 1st Baron Cobbold (14 September 1904 – 1 November 1987) was a British banker. He served as Governor of the Bank of England from 1949 to 1961. He retired as Governor in 1961. He subsequently led the Cobbold Commission in 1962 which studied the question of North Borneo and Sarawak's to form Malaysia.
3. Sir Alfred John Ainley, known as Sir John Ainley, (born 1906) was a British colonial judge and was Chief Justices of the Combined Judiciary of Sarawak, North Borneo and Brunei in 1959-1963. In 1959 he was appointed Chief Justice of the United Judiciary of Sarawak, North Borneo and Brunei but then transferred back to Africa in 1963 to be Chief Justice of Kenya just prior to Kenyan independence in 1964, thereby becoming the first Chief Justice of the independent country.
4. Nigel Edmund Cornwall, (13 August 1903 – 19 December 1984) was a British clergyman in the Anglican Church. He held the position of bishop of Borneo from 1949 until 1962. Cornwall served as bishop based in Kuching for thirteen years until 1962, when the diocese was again divided into the Diocese of Jesselton (later Sabah) which included Labuan, and the Diocese of Kuching, which included Brunei.
5. Tun Muhammad Ghazali Shafie (22 March 1922 – 24 January 2010) was a Malaysian politician. He served as Foreign Minister and Home Minister during his career. He was a member of UMNO political committee (1958-1978) and a Malayan members of the Cobbold Commission in 1962.

COBBOLD COMMISSION IN SARAWAK

It was 31st March 1962 (Saturday), the last day Cobbold Commission will be in Sarawak for the public inquiry. It was already three days the commission was staying here to pause and recoup. Through the letters, Lord Cobbold mentioned that they had not any formal hearings in Kuching for this particular time but have some individual coffee-housing and talking with some of the senior officials, Chief Justice, Bishop etc. The Chief Justices of the Combined Judiciary of Sarawak, North Borneo and Brunei at that time was Sir John Ainley and the Bishop of Borneo was Nigel Edmund Cornwall.

THE DECEITFUL MALAYANS 

Meanwhile Ghazali Shafie, the Malayan member of of the Cobbold Commission has gone to Kuala Lumpur for the week-end, ostensibly to see his wife who is not well but he will doubtless be reporting to The Tunku at the same time. Even before the Cobbold Commission completed their survey, the Malayan members of the Cobbold Commission already suspiciously leaked the ongoing information to the Tunku's and even might discuss the result with the Malayan officials. This is only showing a cunning and deceitful nature of the Malayans official during the ongoing process of the Cobbold Commission.

COBBOLD COMMISSION - A SURVEY

Cobbold Commission was a survey to ascertain the views of the people of Borneo towards the formation of Malaysia. For a survey, qualitative or quantitative sampling of the population is carrying out where the commission needs to define who the target population of the study is. A representative sample reflects the characteristics of a given population. If the population of study is so large and a complete list of the population is not available, then the next best bet is to consider using cluster random sampling technique which was being used here at this particular time by the Cobbold Commission when they are having some individual coffee-housing and are talking with the senior officials, Chief Judge and Bishop of Borneo. Why did the commission are talking with the Bishops? We must know that the Muslims accounted for only about 23 per cent of the population of Sarawak (and 38 per cent in North Borneo). Gaining a lots of information from the religious leaders to represent the opinion of the populations is one of the sampling method used by the commission. Of course, along the line, the commission also conducted a meeting with the religious leader of the Muslim particularly the Malay community. 

LORD COBBOLD JUDGING THE TUNKU'S

Lord Cobbold was being critical about the Tunku's outburst and accusations that British colonial servants in Borneo were hampering preparations for Malaysia. As the commission was ongoing, to avoid any further interference and misleading public opinion, Lord Cobbold was hoping that Tunku's will be quiet about Borneo territories. This showed that the British opinion about Tunku's which is basically ignorant with the real situation and the backgrounds of the Borneo people. 

Almost every utterance from Malaya tends to confirm suspicions of the Borneo people that the Malayan Government intends to gobble up Sarawak quickly and on their own terms, and that H.M.G. have agreed, or are about to agree, to this process.

The recent threats by Tunku's to Singapore also has strengthen the opposition to Malaysia in Borneo territories. Since the commission was started in 19th February 1962, the opposition to Malaysia by the people was gaining strength due to the attitudes of the Tunku's and the Malayan members of the Cobbold Commission. 

MAJORITY OF BORNEONS REJECTING MALAYSIA

Lord Cobbold know very well that the bulk of the population would prefer to see continuation of British rule. This means, greater size of the population in Borneo territories reject the Malaysia project and instead prefer the continuation of British rule. What a surprise revelation from the chairman of the commission. 

Keep in mind, that this is a survey to ascertain the view of the people not a plesbicide either people agree or not with the formation of Malaysia. Due to the greater size of the population is rejecting the Malaysia project, Lord Cobbold with the task at hand, has to come out with recommendation to ensure the successful formation of the federation of Malaysia. The successful formation of the federation of Malaysia is the attitude made by the Cobbold Commission when they started the commission in the first place, at the British side for sure. 

LORD COBBOLD RECOMMENDATIONS TO ENSURE ACCEPTABILITY OF MALAYSIA

Lord Cobbold think that something acceptable to the majority of people to accept the Malaysia project could be devised if they can be satisfied;

(a) that Malaysia is a partnership in a joint enterprise and does not mean Sarawak being handed over to rule by Malaya. 

(b) that things will be taken gradually and a lot of local autonomy left to the State Government so that there will not be much change too quickly. 

(c) that they can get, in some early and practical form, some advantages from Malaysia e.g. in education and development.

"CHRONIC" TROUBLING DAYS OF MALAYSIA 

Lord Cobbold was convinced that if the Malayan Government persist in their current ignorant and inept attitude and are not prepared to be accommodating in the matters of safeguards, timing and local autonomy (and generous in the matter of carrots), Malaysia will not be acceptable to the Borneo territories. Lord Cobbold come to the conclusion that Tunku's handling of Borneo territories has certainly been inept.

Again, a revelation here as Lord Cobbold expose that "carrot" was being prepared to allured the people of Borneo into accepting the Malaysia project. This can be easily termed as "colonial-political bribe" at that time. Also, since the beginning, the Malayan counter-parts wasn't going to give any safeguards, special interests and rights to the Borneo States through the formation of the federation of Malaysia. The rights of the Borneo States was being championed by the British officials as it was their approach in the first place to serve the "trusteeship obligation".

Lord Cobbold confirm about what he said earlier about the risks of serious disorder if the period of uncertainty goes on for long after the final report of the commission. 

Indeed, whatever the outcome of the Malaysia proposals, Lord Cobbold fear that there is bound to be a period of great trouble, and still rate the maintenance of a strong and stable local Government here as a prime necessity in any circumstances. Kuala Lumpur seems almost as far away from here as London.

Today, what did Lord Cobbold said is not coming true as there is no period of great trouble arise aside from the confrontation by the Indonesia. Not an acute disease it was, but a chronic disease it is to the people of Borneo as the trouble of "neo-colonization" are creeping over the Borneo territories through the passage of time.

Lord Cobbold concluded that he belief that Malaysia is not the best solution if only the Tunku will be sensible enough to make it possible. The Malaysia as it is today, will not be successful if the Malaya/Malaysia federal government failed to observe their responsibility towards the Borneo territories.

VIEWS OF THE PEOPLE - RELIGION

Below is the ascertain views of the people regarding religious freedom in the country towards the formation of the federation of Malaysia. It was believe that some of the issue being discuss and acquired by the commission during this time was to know about the public opinion on various issue particularly the religious freedom through the meeting with the Chief Judge and Bishop of Borneo.

Christian and other non-Muslim communities were insistent that there should be complete religious freedom in the Borneo territories.

Mission schools (Anglican, Roman Catholic, non-conformist, Seventh-Day Adventist) played a major role in Sarawak's education. The commissioners differed over religious provisions in appendix B, Main points of difference between British and Balayan sides of the Cobbold Commission. 

SECRET. C. (62) 106. 4th July, 1962

Annex. The Cobbold Comission Report. Interim Report by the Committee on Greater Malaysia. 

Appendix B. Main Points of difference between British and Malayan sides of the Cobbold Commission.

Subject. 2. Ultimate Position

(a) Religion...(paragraph 148 (e))

Malayan view;

Islam should be the National Religion of Malaysia as in the present Federation. (Article 3 (1) of the Federal Constitution says " Islam is the religion of the Federation: but other religions may be practised in peace and harmony in any part of the Federation.") They note that under present Federal Constitution certain public expenditure may be incurred for Islamic purposes and that this may be considered objectionable in Borneo, but they make no recommendation about this.

British View;

Specific provisions about freedom of religion should be written into " State Constitution". Present provision in the Malayan Constitution about Islam should not apply to North Borneo and Sarawak. (Note.— These make the Ruler of a State, other than Malacca and Penang, the Head of the Muslim religion in his State. In Malacca and Penang the State Constitutions are required to provide that the Agong is Head of the Muslim religion in those States.)

Below is the declassified documents:

*New information will be continue to be added in this article at a regular basis as per requirement.

Author: Zulfaqar bin Sa'adi. Information Chief from State Reform Party (STAR).

ENGLISH LANGUAGE - THE RIGHTS OF SARAWAK

ENGLISH - AN OFFICIAL LANGUAGE OF SARAWAK

The issue of the usage of English language has been a contentious issue again in Sarawak as Adenan Satem announced on 18th November 2015 that English will be an official language of Sarawak alongside Bahasa Malaysia. Once the policy comes into force, correspondence and communications between the public and government agencies can be done in English too. The government agencies were also welcome to use English among themselves in their official communication.

The policy was aimed at improving English proficiency among civil servants and to also promote it among students and university graduates. He also noted that thousands of other Malaysian graduates could not find a proper job due to their poor English language skills.

“I am just being realistic here. We don’t want our graduates to be unemployable. Our civil service also needs to converse in English.” 

On Thursday, 19th November 2015, state minister Datuk Amar Abang Johari Openg explained that Adenan was merely upholding Sarawak’s right under the Malaysia Agreement 1963 to use English as the state’s official language.

It also must be noted here, that the parents groups have been lobbying the government to reintroduce the teaching and learning of Science and Mathematics in English (PPSMI), a policy introduced in 2003 but discontinued seven years later.

English-language lobbyist such as the Parents Action Group for Education (PAGE) continue to push for the return of — or at least the option for parents to choose — the discontinued policy that they contend was needed to improve the mastery of English as well as technical subjects.

Responding to his critics, CM Adenan Satem explained that;

“I am not talking about replacing Bahasa Malaysia with English. No, we are not doing that. I am talking adopting English as our official language, apart from Bahasa Malaysia” 


THE MALAYA INTERFERENCE

As usual, it was the Malaya and Malaya-centric counter-parts who make the biggest noise regarding the usage of English as the official language of Sarawak alongside Bahasa Malaysia. On 23th November 2015, Social and Cultural Affairs Adviser to the Government, Rais Yatim (UMNO Baru) said the Sarawak state government's move could sow seeds of discord among the people.

"Isn't this a disintegration and will it not cause a split in the society? So, in terms of nationhood, I am not in favour of the state government's stand."

Elaborating, Rais said the matter should be debated by a consensus before being announced by Adenan because it also involved the federal constitution.

the Malay Economic Action Council (MTEM) and the KL Malay Chamber of Commerce (DPMM) also questioned the rationale behind what they believe to be an unnecessary move, and warned that it could create unnecessary discomfort among the rural folk who converse more fluently in Bahasa Malaysia, the national language. The Malay business groups expressing fear that the policy could end up widening the state’s social class divide. MTEM CEO Mohd Nizam Mahshar said;

“The use of language that is different from their day-to-day conversation would turn them away.” 



ENGLISH LANGUAGE AND THE MALAYSIA SOLIDARITY CONSULTATIVE COMMITTEE (MSCC)

Malaysia was first jointly discussed by the leaders of the Borneo Territories, Singapore and the Federation of Malaya at the Commonwealth Parliamentary Association regional meeting which was held in Singapore in July, 1961.

During the Conference, misgivings regarding local interests were expressed and views exchanged. As a result of a preliminary examination, the initiative to propose the formation of a Malaysia Solidarity Consultative Committee consisting of representatives from each of the five territories (Malaya, Singapore, Sarawak, Sabah and Brunei) was held.

The Committee met four times, namely, in Jesselton on August 21, 1961; in Kuching on December 18-19-20. 1961; in Kuala Lumpur on January 6-7-8, 1962; and in Singapore on February 1-2-3, 1962.

Later, the MSCC memorandum was created and submitted to the Cobbold Commission for further elaboration. The MSCC memorandum Point 20-22 explained the suggestion related to the usage of the English language to be adopted and might be incorporated into the constitutional arrangement relating to the formation of Malaysia.

The MSCC memorandum Point 20-22;

20. National Language: The Committee accepts the view that the Federation of Malaysia should have a national language and places no objection to the adoption of the National Language of the present Federation of Malaya, Singapore and Brunei which is also the lingua franca of this region. The Committee is aware that in the present Federation of Malaya Constitution it is provide that for ten years from Merdeka Day the English language may be used for official purposes. However, Parliament may also provide that the period be extended. In any case this period of the years is applicable to the Federation of Malaya and it is reasonable to expect that this period should only apply to the new states of the Federation of Malaysia with effect from the day Malaysia comes into being. The Committee is satisfied with the assurance that this period would be extended if so desired and the acceptance of Malay as the national language would in no way prevent the use, teaching or learning of any other language now would it prejudice the right of any state of the Federation of Malaysia to preserve and sustain the use and study of other languages.

21. Position of English: English is an international language would maintain its place in Malaysia.

22. English as medium of instruction: It has been very much in the minds of the people of Sarawak and North Borneo that the people of Sarawak and North Borneo that the acceptance of Malay as the national language might create problems relating to the policy of making English as the medium of instruction in schools. There has been uncertainty of the role of English in schools in the Borneo territories. The Committee welcomes and accepts the explanation that the use of English as medium of instruction in schools will in no way conflict with the acceptance of Malay as the national language of Malaysia.

What we can learn from the early stage of the formation of the federation of Malaysia ever since 1961, through the memorandum of MSCC, the usage of the English language was being accepted by all the delegations "the acceptance of Malay as the national language would in no way prevent the use, teaching or learning of any other language now would it prejudice the right of any state of the Federation of Malaysia to preserve and sustain the use and study of other languages." and "that the use of English as medium of instruction in schools will in no way conflict with the acceptance of Malay as the national language of Malaysia."

It also must be noted here, that the clause "ten years" was being discussed to be inserted as a condition for the usage of the English language  with effect from the day Malaysia comes into being. Instead of "ten years" clause alone, the assurance was also given by the Committee that "this period would be extended if so desired"

The Malaya delegates inked the memorandum means that they also agree with this suggestion where English in no way was in conflict with the usage of the Malay language.

However, keep in mind that the MSCC memorandum is just a memorandum submitted to the Cobbold Commission and has no force of law whatsoever in the arrangement made after the signing of the IGC Report and Malaysia Agreement 1963.

Later on, through the declassified documents of London Talk II, the Malaya delegates was turning around about the usage of the English language by slowly omitted the clause in MSCC memorandum which is "this period would be extended if so desired". This is a political manoeuvre by the Malaya to ensure more "power position" of their government at the expenses of the Borneo States.


ENGLISH LANGUAGE AND THE COBBOLD COMMISSION

A commission under the chairmanship of Lord Cobbold visited North Borneo and Sarawak between February and April, 1962, and its Report was published as CMND 1794 on the 1st August 1962.

The Report was considered in detail in a series of meetings in London in July, 1962 by British and Malayan Ministers. This is dubbed as London Talk II which was specifically held on 17-31 July 1962. The Anglo-Malayan Agreement discussing the Report was concluded on 31 July 1962, with unpublished exchange of letter.

Declassified interim report by the committee of Greater Malaysia exposed the disagreement between the Malaya and British delegation on various subjects including the usage of the English language. Below is the ultimate position regarding thee of English through Malayan and British view;

SECRET. C. (62) 106. 4th July, 1962

Annex. The Cobbold Comission Report. Interim Report by the Committee on Greater Malaysia. 

Appendix B. Main Points of difference between British and Malayan sides of the Cobbold Commission.

Subject. 2. Ultimate Position

(b) Language...(paragraph 148 (f))

Malayan view;

Lord Cobbold and Malayan members of the Commission think Malay should be the national language. (Note.—Presumably as in present Federal Constitution.) Malay members think English should remain official language for ten years or until Central Government decides otherwise "in consultation with" State Government.

British View;

British members of Commission think that question whether Malay should be the national language should be decided by Borneo peoples themselves when fully elected representative bodies have been constituted. Lord Cobbold and they consider Malay and English should be official languages without time limit, until and unless State Government decides otherwise.

As can be seen in this particular main point of difference between British and Malayan sides of the Cobbold Commission, the Malaya delegates was very assertive with their former MSCC memorandum submitted to the commission which is "English should remain official language for ten years or until Central Government decides otherwise "in consultation with" State Government."

Malaya also seem to try to have a hand in deciding the policy of English language later on, in Borneo States by making a statement "until Central Government decides otherwise "in consultation with" State Government." Here, we can see that the Central Government here is of course the Malaya/Malaysia government want to position themselves at the better place in dealing with the Borneo States. They want to ensure that they has a "power" to make a decision of the usage of English language through "consultation" clause.

Meanwhile, the British has a better safeguards in mind for the Borneo people which consider "Malay and English should be official languages without time limit, until and unless State Government decides otherwise". Without time limit clause was deem to be a great view by the British as we seen today. If such clause was used until the formation of Malaysia, the contentious issue related to the national language and the usage of English would be settled once and for all. As what CM Adenan doing right now is the same as what was being discuss 53 years ago. The background, culture and tradition of multi-lingual society of Sarawak would certainly has no problem in dealing with both English and Malay as an official language of the people.

The British also further want to give a better safeguards and power in term of the position of the Borneo States in deciding the usage of English by inserting a clause "until and unless State Government decides otherwise". This clause give a full rights to the Borneo States in deciding the usage of English as an official language without any interference from Malaya.

Understanding such wisdom and the language of the "letters" would help Sarawakians at large to be more assertive in protecting our rights as enshrined in the process of making up of the IGC Report, Malaysia Agreement 1963 and  the federal constitution.

ENGLISH LANGUAGE AND THE REPORT OF THE INTER-GOVERNMENTAL COMMITTEE

Malaysia. Report of the Inter-Governmental Committee, 1962. 

Chapter III. Proposed Constitutional Arrangements.

28. National Language

Malay should be the national language of the Federation of Malaysia, but Article 152 should be modified in its application to the Borneo States so as to secure that:-

(a) for a period of ten years after Malaysia Day and thereafter until the State Legislature otherwise provides, the English language shall be an official language and may be used in the Legislative Assembly and for all other official purposes in the State, whether Federal or State purposes, including correspondence with Federal Ministries and Departments;

(b) for a period of ten years after Malaysia Day and thereafter until the Federal Parliament otehrwise provides, the English language may be used by the representatives of the Borneo States in both Houses of the Federal Parliament;

(c) for a period often years after Malaysia Day and thereafter until both the State Legislatures have otherwise provided, all proceedings in the Supreme Court relating to cases arising in the Borneo States and all proceedings in the High Court of the Borneo States shall be in the English language (subject to the proviso regarding evidence in the existing Clause (4)); and

(d) until the State Legislature otherwise provides, all proceedings in subordinate Courts in the State, other than the taking of evidence, shall be in the English language.

Malaysia. Report of the Inter-Governmental Committee, 1962.

Chapter III. Proposed Constitutional Arrangements.

30. Costitutional safeguards

(1) It is mentioned in other parts of this Report that the Federal Constitution should provide that certain provisions relating to the Borneo States should not be amended or repealed without the concurrence of the Government of the State concerned. These provisions relate to immigration, citizenship, representation in the Federal Parliament and the High Court of the Borneo States. In addition, in relation to the Borneo States, special safeguards on these lines will also be needed in respect of the distribution of legislative powers, and the executive authority of the Borneo States on matters within their legislative powers, and related financial arrangements, and in respect of the following other matters-

(i) religion;

(ii) language; and

(iii) the special position of the indigenous races. 

Malaysia. Report of the Inter-Governmental Committee, 1962. Public Officers Agreement Between Her Majesty's Government in The United Kingdom and the Government of

Her Majesty's Government in the United Kingdom and the Government of 

have agreed as follows:-

Interpretation

1. (1) In this Agreement-

(a) "the appointed day" means Malaysia Day;

ENGLISH LANGUAGE AND THE MALAYSIA AGREEMENT 1963

Malaysia. Agreement concluded between the United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo, Sarawak and Singapore. 

Annex A. Malaysia Bill. 

Part III. General Constitutional Arrangements. Title VI. 

Chapter 2 - Borneo States. 

61. Use of English and of native languages in Borneo States.  

(1) No Act of Parliament terminating or restricting the use of the English language for any of the purposes mentioned in clauses (2) to (5) of Article 152 shall come into operation as regards the use of the English language in any case mentioned in Clause (2) of this Article until ten years after Malaysia Day.

It is important to understand about the "conditional" clause for the enforcement of the "Malaysia Day" when we read the IGC Report and Malaysia Agreement 1963 in relation with the usage of the English language. The date of the Malaysia Agreement 1963 being commence is not based on the date of Malaysia Act being passed by the federation of Malaya but was actually based on the word "Malaysia Day".

Article II of the Malaysia Agreement 1963 says: "...the date on which the said Act is brought into operation is hereinafter referred to as "Malaysia Day""

The date was initially planned to fall on the 31st August 1963, but was postponed to the 16th September 1963. Now, the problem is, nowhere that the definition of "Malaysia Day" was found in the federal constitution to make "Malaysia Day" enforceable. There is no date being define in the federal constitution to be referred as "Malaysia Day" which make "Malaysia Day" clause was unenforceable. For this reason, the ten years "Malaysia Day" clause in the usage of English language will have no effect of the law.

This means, as long as the definition of "Malaysia Day" was not properly inserted into the federal constitution, Sarawak can use the English language for as long as we want until it was amended or repealed with the concurrence of the Government of Sarawak.



*New information will be continue to be added in this article at a regular basis as per requirement.

By,
Zulfaqar bin Sa'adi. Information Chief from State Reform Party (STAR).

"THE TRUSTEESHIP OBLIGATION" - THE NINE CARDINAL PRINCIPLES OF THE ENGLISH RAJAH

THE DOCUMENTS

The most important document for the commission, protections and safeguards, and finally the rights of Sarawak which has been laid out in the Cobbold Commission Report, Inter-Governmental Committee (IGC) and Malaysia Agreement 1963 was the Nine Cardinal Principles of the English Rajah. 

THE NARRATIVES

Below is a simple narrative to ensure a better understanding of the flow of the historical events that lead to the formation of the Federation of Malaysia;

1. The Nine Cardinal Principles of the English Rajah is the Preamble of the Sarawak Constitution 1941, the document setting forth the Sarawak Constitution 1941 opened by enunciating the Cardinal Principle were edict by Charles Vyner Brooke, the English Rajah of Sarawak on 24 September 1941 known as the Nine Cardinal Principles of the English Rajah. 
2. Cobbold Commission is a Commission under the chairmanship of Lord Cobbold visited North Borneo and Sarawak between February and April, 1962, and its Report was published as CMND 1794 on the 1st August, 1962.
3. The Report on the Inter-Governmental Committee was published on 27th February 1963.
4. Signing of the Malaysia Agreement 1963 on 9th July 1963.

THE NINE CARDINAL PRINCIPLE 

The Nine Cardinal Principle of the English Rajah was "An Order to provide for the future Government of Sarawak" which was later adopted into the Report of the Commission of Enquiry, North Borneo and Sarawak, 1962 in Appendix C. 

Even though the Nine Cardinal Principle of the English Rajah was enacted, gazetted and put into operation on 24th September 1941, more or less 21 years later, the principles engraved at that time was still being adopted by the British and even incorporated into the Report of the Commission of Enquiry, North Borneo and Sarawak, 1962 in Appendix C. This fact alone give a clear indication of the importance and the emphasize of the Nine Cardinal Principle of the English Rajah.

Click here for the Nine Cardinal Principle of the English Rajah.

ENGLISH RAJAH IS A "TRUSTEE" OF SARAWAK

A lot of people know that Sarawak was established as a new independent and sovereign country on 24th September 1841 through autocratic rule by the late Rajah James Brooke, Rajah Charles Brooke and Rajah Charles Vyner Brooke until cession of Sarawak on 1st July 1946 to become British colony. 

Throughout the rule of the English Rajah, it must be understood that the English Rajah termed themselves as the "Trustee" of Sarawak and the people of Sarawak. In the preamble of the Nine Cardinal Principles, it was clearly state by the late Rajah Charles Vyner Brooke that "We have become the TRUSTEE for the time being of the lives, welfare and future of persons of diverse races and creeds who are Our Subjects."

It was re-affirm again by Rajah Charles Vyner Brooke reply to the Colonial Secretary in 1944. By letter of 19th June 1944 the Colonial Secretary has made a proposal to the Rajah for reviewing the existing Treaty relationship and for increasing the control of His Majesty's Government (H.M.G.) in Sarawak's internal affairs. The Rajah in his reply said:-

"I and my family are Trustees for the State and people of Sarawak, who are well aware that is it not in the position of a 'Colonial Dependency,' so their consent to any step which would tend to approach such a relationship would naturally have to be obtained. It can scarcely be obtained at the present time when, owing to the unavoidable inability of the Protecting Power to preserve them from invasion, they are under alien rule."

THE "TRUSTEESHIP OBLIGATION"

The important of understanding the Nine Cardinal Principle of the English Rajah, would lead us to better clarify the "trusteeship obligation", "final responsibility" and "legacy" left behind by the English Rajah which was later entrusted to H.M.G. Government through cession of Sarawak on 1st July 1946. The "trusteeship obligation" here is the Nine Cardinal Principle of the English Rajah itself which would laid down the foundation of the British attitude towards the Borneo States especially the State of Sarawak. 

To prove that the transferred of the "trusteeship obligation" from the English Rajah to the H.M.G., we can look into the Official Statement of His Majesty’s Government in regards to Cession on 9th May 1946 by Rajah Vyner Brooke. 

This official statement was made in compliance with the independent inquiry in regards to cession of Sarawak through a request on 9th May 1946 from the native communities in Sarawak for a statement of His Majesty's Government's policy in the event of the cession of the territory. It was state that "The Constitution of 1941 would be continued..." and "that a step forward should be taken in the direction of the ultimate goal of the self-government of Our people." Thus, begins the "trusteeship obligation" of H.M.G. towards Sarawak and the people of Sarawak.

THE NINE CARDINAL PRINCIPLE AND THE RESPONSIBILITY OF THE SARAWAK STATE LEGISLATIVE ASSEMBLY

The Nine Cardinal Principle as laid out in the preamble was created "to ensure that Our BELOVED SUBJECTS shall ultimately enjoy their inherent right to control their own lives and destinies" and "that a step forward should be taken in the direction of the ultimate goal of the self-government of Our people."

The most important part of the preamble is "And We do urge that these same PRINCIPLES which have brought peace and containment to Our people may serve to guide the MEMBERS of the COUNCILS of STATE who will hereafter be responsible for the good Government of Sarawak." This particular preamble is so important as it is clearly state that our current assemblymen/women which act as "COUNCILS of STATE" in Sarawak State Legislature Assembly has a responsibility to pursue and implement the Nine Cardinal Principles as it is a principles to guide the government of Sarawak to achieve the "final responsibility" and "obligation" as per UN Resolution 1541 later on through the formation of the federation of Malaysia.

*New information will be continue to be added in this article at a regular basis as per requirement.

By,

Zulfaqar bin Sa'adi. Information Chief from State Reform Party (STAR). 

OFFICIAL STATEMENT OF HIS MAJESTY’S GOVERNMENT IN REGARDS TO CESSION ON 9TH MAY 1946 BY RAJAH VYNER BROOKE.

King George VI  (1936-1952)

OFFICIAL STATEMENT OF HIS MAJESTY’S GOVERNMENT IN REGARDS TO CESSION ON 9^TH MAY 1946 BY RAJAH VYNER BROOKE.

*In compliance with the independent inquiry in regards to cession of Sarawak

"In the event of cession, Sarawak would become a Colony and would be administered generally on the same lines as other Colonies within the British Empire. It would not form part of the Malayan Union. 

Sarawak subjects would become British subjects. 

The cardinal principles set out in the 1941 Constitution are in general in accord with those which govern the administration of other parts of the Colonial Empire. The Constitution of 1941 would be continued in the first place subject to such amendments as are necessitated by cession. But it would be necessary quite soon to introduce other changes (in particular to provide for the Royal Assent to legislation and for His Majesty's power of disallowance) in order to adapt the Constitution to the new status of Sarawak as part of His Majesty's dominions. 

As a preliminary to that the Governor of Sarawak would be asked too into the whole constitutional question with the representatives of the communities and other persons concerned on the spot, with a view to recommending what steps should be taken, at the time when these changes are made, to associate the people of Sarawak with its government and administration on a basis as broadly representative as conditions permit. It is hoped in this way to secure the maximum progressive constitutional development. 

In all legislative and administrative measures the fullest regard would be paid to the religions and existing rights and customs of the various communities. 

There is no intention of exploiting the people of the country or its resources, and among the most important objectives would be rehabilitation, improvement of social services and communications, and controlled development of trade and resources with a view to raising the standard of living of the inhabitants."