CM Adenan - The "Structure negotiation" approach.

As can be observed on what has been transpired during the negotiation between Sarawak government and Malaya/Malaysia federal government, CM Adenan are using "Structure negotiation" with Malaya which is right now masquerading as Malaysia federal government to regain Sarawak rights and to implement Sarawak rights as envisage in the IGC Report and Malaysia Agreement 1963. 

"Structure negotiation" was used during Inter-Governmental Committee and sub-Committee meetings and plenary sessions in 1962. The "Structure negotiation" applied then was successful which lead to the inking of the Malaysia Agreement 1963 and the formation of the Federation of Malaysia on 16th September 1963.

In 1962, the "Structure negotiation" was used consisted of various Meetings such such Plenary, Constitutional Sub-Committee, Fiscal Sub-Committee, Public Service Sub-Committee, Legal and Judicial Sub-Committee and Departmental Organisation Sub-Committee.   

Today, CM Adenan only using the same successful approach of "Structure negotiation" but the negotiation right now is more into the implementation of the already agreed term in the IGC Report and Malaysia Agreement 1963. The similarity of the approach used by Sarawak Government in comparison with the IGC in 1962 can be easily seen and understand by those who frequently reads and referred to the IGC Report and Malaysia Agreement in their political crusade. The successful of such approach in 1962 must be the reason enough for the Sarawak Government to adopt for the current negotiation with the Malaya/Malaysia federal government. If it's work just fine then, so why not using the same approach and principle again, right?

There are 3 phase of the  a series of talks with the Prime Minister and CM Adenan with regards to such rights under the Constitution, Malaysia Agreement, the Inter-Governmental Committee Report , the Cobbold Commission recommendations and the position of Sarawak in Malaysia. The first phase is on administrative powers, 2nd phase on our state rights under the constitution and 3rd phase on financial management. 

Here is the agreed 13-Point of the first phase of talk between both government so far;

Provision of administrative empowerment to the State Government of Sarawak;

1. State Legal Officers are to be authorized by the Public Prosecutor under the Criminal Procedure Code to conduct prosecution for offences under state ordinances from the stage a person is charged in the lower court until the appeal stage.

2. It is agreed for the delegation of power to state officers to represent the Public Service Commission and the Education Service Commission in the appointment of officers to the Federal Civil Service including the teaching and medical services.

3. Posts in the Sarawak Immigration Department will be enhanced to improve the enforcement functions in the State with an increase of 100 new posts, with full deployment by the end of February 2016.

4. The ratio of Sarawak-born teachers serving in Sarawak will be increased to 90% of the total number of teachers in Sarawak by 2018. To ensure that this target is achieved, temporary teachers from the open market will be considered from time to time and obtain their Diploma in Education while teaching.

5. Traffic warden powers for Sarawak Local Authorities will be given to the Miri City Council, apart from Kuching North City Hall and Kuching South City Council.

6. The State Government will be consulted before an application for a Deep Sea Fishing Permit is forwarded to the Deep Sea Permit Evaluation Committee for consideration.

7. The State Government will be consulted in the drafting of Federal legislation which has bearing or impact on the State Government of Sarawak, where provided by law.

8. The planning of federal development projects in the State of Sarawak will give priority to the 5-Year Sarawak State Development Plan based on the approved budget. Implementation of the projects will be referred / negotiated between the Ministry and the State Government such as determining the location of schools, hospitals and the implementation of other development projects.

9. The Ministry will take the necessary measures to increase the number of student enrollment from amongst the Sarawakians into medical degree programs in public universities. Sarawakians would be given a greater opportunity to enter foundation studies programmes in UNIMAS.

10. It is agreed that relevant areas that can be delegated will be identified for delegating the power of the Director General under Section 49 of the Environmental Quality Act 1974 to the State officers / departments.

11. Development of housing projects in Sarawak to be re-implemented through a Joint Committee Meeting, to ensure that State agencies are fully involved in the planning, implementation and monitoring aspects of these projects in the State of Sarawak.

12. It is agreed that the development of sports in the State of Sarawak is jointly managed with the State Government. The Ministry of Youth and Sports is also in the process of enhancing the Sports Development Act 1997 which is expected to be completed by the end of 2016.

13. It is agreed that the State Government will carry out all functions under the Department of Social Welfare. All posts will be transferred to the State Civil Service. The Federal Government will contribute 50% of the costs incurred as decided by the National Finance Council.

A lot of people don't know why we need to negotiate on our rights as they are ignorant of the international laws and procedure that need to be exhausted to reached a good settlement of a disputes.

The "Structure negotiation" between Sarawak Government and Malaya/Malaysia federal government is surfacing due to the breached of the agreed term in the formation of the Federation of Malaysia and to safeguards Sarawak rights and it is still happening as we speak. It is done based on United Nations Resolution 2625 (XXV). Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations where;

"States shall accordingly seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice. In seeking such a settlement the parties shall agree upon such peaceful means as may be appropriate to the circumstances and nature of the dispute."

So, basically, if it's work then, it's work now. 

We will see. We will judge.

*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).