Borneonisation process and policy - VI

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

Annex B. The Public Service. The Interim Period.

9. To reassure officers seconded or transferred to the Federal Public Service, and to reassure officers in the States that Borneonisation will be given first priority in the Federalised Departments, the Federal Constitution will provide for the establishment of a separate branch of the Federal Public Service Commission in each State. Subject to the directions given to them in relation to Borneonisation and schemes or service, these branches will have full authority, except as provided in paragraph 2 above, in respect of all appointments, promotions and discipline in the Federalised Departments, saving that the discipline of seconded officers will be a matter for the State Public Service Commission. The Federal Government will undertake that the members of these branches will be the members of the respective State Public Service Commissions together with not more than two members of the Federal Public Service Commission nominated by the Federal Government. These arrangements will be subject to review five years after Malaysia Day. While they are in force the State Governments will consult the Federal Government before making any new appointments to the State Public Service Commissions.  

Author: Zulfaqar Sa'adi in Hatyai, Thailand

IGC Report paragraph 9 above reassure that Borneonisation will be given first priority in the Federalised Departments existed in the State of Sarawak alongside the Sarawak own public service departments. 

Why do Borneonisation is so important for Sarawak? Some people might still in the dark about this requirement due to the ignorant of the creation of "Malaysia" itself, even after 52 long years since it establishment on 16th September 1963. The Federation of Malaysia was an set-up based on the International Trusteeship System accordingly with the United Nations Resolution 1541. The members of the Federation of Malaysia is the Federation of Malaya acting as a Trustee and Sarawak and Sabah as a Trust Territories. Each members is a country of its own with its own role to play for the success of the creation of "Malaysia". One of the reason the creation of Malaysia is actually in the best interest of Sarawak at the time of the signing ceremony of the Malaysia Agreement 1963 because the clause of Borneonisation which also comprise of public services will be assisted and speed-up. Thus, this will ensure a complete self-government drive in Sarawak because the creation of "Malaysia" is a process of decolonization of Sarawak and Sabah.

International Covenant on Economic, Social and Cultural Rights

PART II. 

Article 4. The States Parties to the present Covenant recognize that, in the enjoyment of those rights provided by the State in conformity with the present Covenant, the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society.

The International Covenant on Economic, Social and Cultural Rights also entailed the rights of Borneonisation for Sarawak as mentioned here, "the State may subject such rights only to such limitations as are determined by law only in so far as this may be compatible with the nature of these rights and solely for the purpose of promoting the general welfare in a democratic society."

As we can analyze here, the State of Sarawak was subject to such rights (rights of Borneonisation) as it was already determine by law (IGC Report and Malaysia Agreement 1963) and it was compatible with the nature of the creation of "Malaysia" which was done based on United Nations Resolution 1541. United Nations Resolution 1541 promoting a drive of a full measure of self-government to be achieve by Sarawak as soon as possible and this is in complaince with the Borneonisation process and policy. Even so, the Borneonisation process and policy is a major objective which can realize a full measure of self-government in Sarawak. The Borneonisation is a policy solely for the purpose of promoting the general welfare in a democratic society of Sarawak through the formation of "Malaysia". The welfare of the State of Sarawak can only be observe properly by Sarawakians. After all, who better know our own backyard than ourselves?

.

Further down the road, a provision in the Federal constitution must be made to provide for the establishment of a separate branch of the Federal Public Service Commission in each State. Sarawak members of parliament (MP) in must take an assertive action to ensure that the Federal Constitution provide for the establishment of Sarawak-own Federal Public Service Commission. Such Commission must be empower through the legislative requirement in the Federal Constitution and being kept in check through the savage of time and situation to better suit the requirement of Borneonisation.

Sarawak must have our own Federal Public Service Commission and this branch is subject to Borneonisation process and will have full authority. Sarawak Public Service Commission must be fully manage by Sarawak and Sarawakian which has full authority on this matter for any appointment of public services in the Federalised Department in Sarawak. This is how it should be and this is a line of thinking when Sarawak Government gonna make any decision for the empowerment of the Sarawak State Services. This is the rights and power held by Sarawak on this particular matter. 

Any reviewing process of such policy of Borneonisation in Sarawak must strive for a better empowerment of the people of Sarawak in the public services. Even better than the current agreed term in the IGC Report and Malaysia Agreement 1963. This is how it was suppose to be. 

It must be remember, it was the State Governments will consult the Federal Government before making any new appointments to the State Public Service Commissions. Not the other way around because the Federal Government has no power whatsoever in deciding any new appointments in Sarawak regarding State Public Service Commissions. The Sarawak Government must be pro-active in preserving and empower the rights of Borneonisation for Sarawak instead of listening and following the directive of the Federal Government. 

Any failure of the Borneonisation process and policy is due to the weakness of the Sarawak Government if it do happen and i believe is still happening as we speak. The Federal Government also must be responsible to observe the rights of Borneonisation in Sarawak.

The failure of Borneonisation process is a failure of "Malaysia".

*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).

Borneonisation process and policy - V

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

Annex B. The Public Service. The Interim Period.

8. Until the Federal and State Governments agree otherwise, in filling posts in Federalised Departments in the State the full qualifications normally required by the Federal Government for candidates for each grade of the Service will be brought into line with the qualifications at present in force in the States. Instructions to the Public Service Commissions will provide that when a local candidate is in sight, no vacancy will be filled except on a temporary or contract basis or by promotion of a serving officer.

Author: Zulfaqar Sa'adi in Krabi Town, Thailand

Borneonisation of the Public Services in the Borneo States is a major objective of the policy. Borneonisation is one of the main policy agreed upon the creation of the Federation of Malaysia where all the Public Services in the Borneo States which are Sarawak and Sabah must be filled by the Natives people. This objective must be achieve as soon as possible to protect the legitimate interests of the Natives peoples as the 'son of the soils'. 

According to Lord Hailey, who is well-known to many of you for his wide knowledge of colonial problems, the third stage of the colonial development should lead to a more positive and more constructive development, a stage which involves the expansion of the social services. That is the stage which is of the highest importance. It is, of a positive and constructive character, and it is one which we should engage all our energies.

Today, there are various federal department in operation in Sarawak. This is what we called the Federalised Department in the State as mentioned in the IGC Report. in filling the posts in the Federalised Department in Sarawak, any fulfilment of the posts must get the consent of the Federal government and Sarawak State Government unanimously. 

Today, the Federal government consist of the 222 members of the parliament from the Federation of Malaya, Sarawak and Sabah. 57 members of the parliament comes from the Borneo States. 31 members of the parliament comes from Sarawak. These parliamentarians form the Federal Cabinet and they are one that is responsible later to make a decision concurrently with the Sarawak State government regarding the fulfilment of the posts in the Federalised Department in the State of Sarawak.

All 31 members of the parliament from Sarawak must keenly observe that any debate and decision made my the Federal Government must in-line with the requirement and the fulfilment of the interests of the Borneo States accordingly with the agreed term in the Malaysia Agreement 1963 and IGC Report. Only after a fruitful debate especially through the information and opinion from the Borneo States MPs that the Federal Government could make a better decision in the matter of the public services in Sarawak. Well, of course it was also the 'sacred trust' of the Federation of Malaya MPs to know and to implement the requirement of the Borneo States in the first place. Especially in full knowledge about their responsibility as the Trustee in the Federation of Malaysia.

So, if there was any decision that was been made by the Federal Government regarding the fulfilment of the posts in the Public Services of the States of Sarawak, The Federal Government must initially get the consent of the Sarawak Government to proceed with any decision that was made beforehand. Without the concurrent agreement by both the federal Government and Sarawak Government, the decision regarding the fulfilment of the posts in the Federalised Department cannot be proceed. Otherwise, it was a breached of the agreed term in the Malaysia Agreement 1963 and IGC Report which was an international agreement. Once it was breached, any issue need to be resolve internally between the government of concerned or to be brought into international arbitration when it become a dispute.

If the fulfilment of the posts of the Federalised Department in Sarawak is in the best interest of the Natives people was being made by the Federal Government, of course it was easily agree by the Sarawak Government to made a decision concurrently. The Sarawak Government also must play an active role to come up with a proper schemes for the fulfilment of the Federalised Departments in the State. This is the power held by the Sarawak Government. The powers to come up with our own schemes for borneonisation process of the public service and the power to block any scheme made by the Federal Government which was not in the best interest of Sarawak. Actually, the Borneo States also has the veto power in the parliaments to block any decision by the Federal Government which was not in-line with the interest of the Borneo States. However, this power has been breached since the departure of the member State, Singapore in 1965. I hope the Sarawak and Sabah Government resolve this issue as soon as possible before it was too late.   

After coming up with our own schemes regarding the fulfilment of the Public Services in Sarawak, all we need to do is get the concurrent agreement from the Federal Government. If the Federal Government didn't agree and this issue become a dispute and failed to be solve internally, the solution can be sought at the international arbitration once it become a dispute. 

In conclusion, Sarawak Government must play an active role to come up with a proper schemes for the borneonisation process of the Federalised Department in the State. The 31 MPs elected into the Federal Government also must played an active role to keenly observe the debate and motion that was being laid out in the parliament must in-line with the interest of the Borneo States as per agreed in the Malaysia Agreement 1963 and IGC Report. Even better, the 31 MPs must in the first place propose a provision or motion in the parliament that would clearly safeguards the interest of the Natives people in term of Borneonisation process. This would be the first line of defence against any breached of the agreed term as per the formation of the Federation Malaysia. 

*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).

Borneonisation process and policy - IV

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

Annex B. The Public Service. The Interim Period.

7. In relation to posts in the Federalised Departments, Article 153 of the Federal Constitution will be construed as if Natives were substituted for Malays. The Yang di-Pertuan Agong will continue to exercise his powers under Article 153 on the advice of the Federal Cabinet, but in relation to the Borneo States there will be provision that such advice shall be given only after consultation with the Chief Minister of the State concerned. In relation to the Public Service as a whole (as distinct from the Federalised Departments in the Borneo States) Natives should be included with Malays for the purposes of the application of Article 153. 

Laws of Sarawak. Chapter 61. Interpretation Ordinance, 2005. Part I. Application and General provisions of Interpretation. Interpretation of certain words and expressions. 

3 (1). The following words and expressions shall have the meanings respectively assigned to them:

“native” means a citizen of Malaysia of any race which is now considered to be indigenous to Sarawak as set out in the Schedule;

SCHEDULE (Section 3)

Races which are now considered to be indigenous to Sarawak and accordingly natives within the meaning of this Ordinance.

Bidayuhs or Land Dayaks

Bukitans

Bisayahs

Dusuns

Ibans or Sea Dayaks

Kadayans

Kelabits

Kayans

Kenyahs (including Sabups and Sipengs)

Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits)

Lugats

Lisums

Malays

Melanaus

Muruts or Lun Bawangs

Penans

Sians

Tagals

Tabuns

Ukits

And any admixture of these races with each other.

Laws of Malaysia. Federal Constitution. Part XII. General and Miscellaneous. 

Reservation of quotas in respect of services, permits, etc., 

for Malays and natives of any of the States of Sabah and Sarawak.

153. (1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article. 

(2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang diPertuan Agong shall exercise his functions under this Constitutions and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or license for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licenses.

(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

Author: Zulfaqar Sa'adi at Krabi, Thailand

On 16th September 1963, the new Federation of Malaysia was formed by the Federation of Malaya, Sarawak, Sabah and Singapore (separated in 1965) with the British as co-signatories. The integration of these 4 countries was based on the United Nations Resolution 1541. The Principle VIII of the resolution state that;

Integration with an independent State should be on the basis of complete equality between the peoples of the erstwhile Non-Self-Governing Territory and those of the independent country with which it is integrated. The peoples of both territories should have equal status and rights and freedoms without any distinction or discrimination; both should have equal rights and opportunities for representation and effective participation at all levels in the executive, legislative and judicial organs of government. 

This mean, the formation of the Federation of Malaysia as it is today was made through integration process between the then independent State of the Federation of Malaya which gained her independent on 31st August 1963 with the Non-Self-Governing Territories of Sarawak and Sabah which gained their self-government on 22nd July 1963 and 31st August 1963 respectively. A full measure of self government was achieve by Sarawak and Sabah through the formation of Malaysia on 16th September 1963 with the sovereignty transferred to the new Federation of Malaysia.

Sarawak and Sabah NEVER transferred our sovereignty to the Federation of Malaya! 

Even though Sarawak and Sabah at the brink of the integration with the Federation of Malaya on 16th September 1963 was still a self-government countries, such status didn't mean a thing in term of the equality and rights of the respective States that formed the new Federation of Malaysia.

The basis of the formation of the Federation of Malaysia among the States concerned should be of complete equality, equal status and rights and freedoms without any distinction or discrimination. All States, and i mean all States here are the Federation of Malaya, Sarawak and Sabah should also have equal rights for representative and effective participation at all level of executive and legislative decision just like in term of the borneonisation policy agreed in the Trust Deeds (Malaysia Agreement 1963 and IGC Report).

Such rights as in paragraph 7 of the IGC Report as mentioned above, showed that the status of Sarawak Chief Minister was and is equal with the Prime Minister of Malaya now masquerading as Malaysia. This is so, for example, as in relation with the borneonisation process of the Federalised Departments in the State of Sarawak, the Yang di-Pertuan Agong in exercising his powers under Article 153 shall at first, seek the consultation of the Sarawak Chief Minister. 

The Prime Minister of Malaya now masquerading as Malaysia cannot make any decision in term of the posts in the federalised department in Sarawak. It was under the jurisdiction of the Chief Minister of Sarawak.

For so, the provision also must be made and construct in the Federal Constitution that such advice by the Yang di-Pertuan Agong in term of the posts in the Federalised Departments (borneonisation) in the States must be given after the consultation with the Chief Minister of Sarawak. Such is the legitimate powers and rights of the Chief Minister of Sarawak in relation with the borneonisation process of the public services as well as federalised departments in the State of Sarawak. 

The Federation of Malaya as a Trustee, should exercise their responsibility to give a good and proper guidance/advice to the Federal Cabinet in respect of the Trust Territory of concerned, Sarawak and Sabah, to achieve the main objective of the policy of borneonisation. Proper guidance/advice can only be then be given to the Yang di-Pertuan Agong to exercise his powers under Article 153.  

The Federal Cabinet and the Chief Minister of Sarawak are all obliged to exercise their function properly to ensure the Yang di-Pertuan Agong can exercise his powers in the best manner possible as agreed in the Trust Deeds. 

The people of Sarawak must know their equality in the Federation of Malaysia was in par with the Federation of Malaya and Sabah. The people of Sarawak also must know that the status of the Chief Minister of Sarawak was in par with the Prime Minister of Malaya now masquerading as Malaysia. 

Without understanding of such rights, Sarawak and Sarawakian will lose more and has nobody to blame in term of borneonisation instead of themselves as the power in relation to borneonisation was within our own jurisdiction! 

*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).

Borneonisation process and policy - III

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

Annex B. The Public Service. The Interim Period.

6. In relation to the State Service there will be provision in the State Constitution on the lines of Article 153 of the Federal Constitution to empower the State Government to prescribe, from time to time, the extent to which preference will be given to Natives. The term "Native" will be defined in the Constitution by adopting - 

(i) in Sarawak the definition in the Sarawak Interpretation Ordinance; and

(ii) in North Borneo the definition that will appear in the State Constitution.

Similarly, the State Governments will prescribe in respect of the State Services their own schemes of service and decide how far external recruitment is needed. If such recruitment is needed the State may either make its own arrangements through the Department of Technical Co-operation or from any other sources acceptable to the Federal Government or ask for the help of the Federal Government.

Laws of Sarawak. Chapter 61. Interpretation Ordinance, 2005. Part I. Application and General provisions of Interpretation. Interpretation of certain words and expressions. 

3 (1). The following words and expressions shall have the meanings respectively assigned to them:

“native” means a citizen of Malaysia of any race which is now considered to be indigenous to Sarawak as set out in the Schedule;

SCHEDULE (Section 3)

Races which are now considered to be indigenous to Sarawak and accordingly natives within the meaning of this Ordinance.

Bidayuhs or Land Dayaks

Bukitans

Bisayahs

Dusuns

Ibans or Sea Dayaks

Kadayans

Kelabits

Kayans

Kenyahs (including Sabups and Sipengs)

Kajangs (including Sekapans, Kejamans, Lahanans, Punans, Tanjongs and Kanowits)

Lugats

Lisums

Malays

Melanaus

Muruts or Lun Bawangs

Penans

Sians

Tagals

Tabuns

Ukits

And any admixture of these races with each other.

Laws of Malaysia. Federal Constitution. Part XII. General and Miscellaneous. 

Reservation of quotas in respect of services, permits, etc., 

for Malays and natives of any of the States of Sabah and Sarawak.

153. (1) It shall be the responsibility of the Yang di-Pertuan Agong to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and the legitimate interests of other communities in accordance with the provisions of this Article. 

(2) Notwithstanding anything in this Constitution, but subject to the provisions of Article 40 and of this Article, the Yang diPertuan Agong shall exercise his functions under this Constitutions and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sabah and Sarawak and to ensure the reservation for Malays and natives of any of the States of Sabah and Sarawak of such proportion as he may deem reasonable of positions in the public service (other than the public service of a State) and of scholarships, exhibitions and other similar educational or training privileges or special facilities given or accorded by the Federal Government and, when any permit or license for the operation of any trade or business is required by federal law, then, subject to the provisions of that law and this Article, of such permits and licenses.

(4) In exercising his functions under this Constitution and federal law in accordance with Clauses (1) to (3) the Yang di-Pertuan Agong shall not deprive any person of any public office held by him or of the continuance of any scholarship, exhibition or other educational or training privileges or special facilities enjoyed by him.

Author: Zulfaqar Sa'adi in Ao Nang, Thailand.

Annex B, paragraph 6 of the IGC Report (referred above) clearly state that there must be a provision in the Federal Constitution to empower the Sarawak State Government to prescribe, from time to time, the extent to which preference will be given to Natives in relation to the Sarawak State services. It was the responsibility of the elected Malaysia Parliamentarians from Malaya, Sarawak and Sabah to devise and construct a provision in the Federal Constitution for this purpose. Did our MP in Sarawak do their part to ensure the provision or provisions was given in the constitution for the borneonisation process?

Judge for yourself. 

Before we go further, let get an insight of understanding of the responsibility of each States (Malaya, Sarawak and Sabah) in Malaysia.

In respect of Sarawak, The Federation of Malaysia was formed on 16th September 1963 through integration of the then independent State of the Federation of Malaya with the Non-Self-Governing Territory of Sarawak. Through such integration based on UN Resolution 1541 (Principle VI), Sarawak can be said to have reached a full measure of self-government. 

Let it be clear that, this is the achievement of Sarawak on the day the integration happen on 16th September 1963 through the formation of "Malaysia". Sarawak achieve "a full measure of Self-government" status. This is the "change of status" that was mentioned in the UN website. 

On 22nd July 1963, Sarawak achieve "self-government" status and on 16th September 1963, Sarawak was further achieve a "full measure of self-government" through the formation of Malaysia as per UN Resolution 1541 (Principle VI). It must be continue here, that the real purpose of the formation of "Malaysia" is for the decolonization process of Sarawak which is "self-determination" and eventually the independent of the State of Sarawak. 

As for today, in 2016, Sarawak was in a "state of decolonization process" through UN Resolution 1541. An International Trusteeship System was being adopted here. This means, on 16th Septembr 1963, British as the initial Trustee of Sarawak transferred the Trusteeship obligation to the Federation of Malaya, and Malaya became a new Trustee of Sarawak. Sarawak then became Trust Territory of the Federation of Malaya through the formation of the Federation of Malaysia.

As a Trustee, let us get back to the borneonisation process as per Annex B paragraph 6, it was the responsibility of the Trustee, the Federation of Malaya to guide and to empower the Sarawak State government through the Federal Constitution in term of the borneonisation process of the Sarawak public services. 

It was clearly mentioned that through the Federal Constitution which must be in concomitant of the Malaysia Agreement 1963 and IGC Report, the Federation of Malaya as the Trustee must guide to empower the Trust Territory of Sarawak State government to eventually and successfully, from time to time, a full implementation of the borneonisation process in Sarawak. A full borneonisation process where preference will be given to the Natives for the Sarawak public services.

Today, some people was accusing the federal government and whatnot to be responsible for the failure of the borneonisation process after 52 years of the formation of Malaysia. At some part, as a Trustee, the Federation of Malaya is responsible for this policy. 

However, it was Sarawak State Governments that was and is the entity that was the first culprit that was responsible for the borneonisation process. As Sarawak State Government is the one that must act to prescribe in respect of the Sarawak Public Services their own schemes of service required for the borneonisation process. This is based on the Annex B. paragraph 6 of the IGC Report. 

Did the schemes of service was fully borneonised and filled by the Native today? It was up for our Assemblymen to be answerable for this question and the people of Sarawak to demand for full implementation of their rights of borneonisation process.     
  

It was also the responsibility of the Sarawak State Government to decide how far external recruitment is needed for the Sarawak public services. If the posts which was widely available and can be easily filled by the people of Sarawak but instead was filled by the Malayans, it was the responsibility of the Sarawak State Government in the first place. They are the one that has the power to make this decision. If the Sarawak State Government is clueless of their own legislative power, it's up to the people to vote for them or not in the next Sarawak elections.  

For external recruitment, Sarawak State Government is the one that was responsible to make their own arrangement or from any sources acceptable to the Federal Government (which i must mentioned here again, must be in concomitant of the Malaysia Agreement 1963 and IGC Report) or ask for the help of the Federal Government as it was the sacred trust of the Trustee to guide and help the Trust Territory on the matter of public services as it was the major objective of the policy of borneonisation agreed for the formation of "Malaysia". 

Thus, here we can make a conclusion that foremost, it was the responsibility of the Sarawak State Government to accelerate the borneonisation process in every aspect of Sarawak services, meanwhile the Federation of Malaya as a Trustee, must guide and help the Trust Territory accordingly with agree termed in the Malaysia Agreement 1963 and IGC Report. 

Any less than this, is a failure of "Malaysia". 

*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).