Tuesday 19 January 2016

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).



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