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).