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).