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!
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!
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).
No comments:
Post a Comment