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).
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).
No comments:
Post a Comment