Friday 5 February 2016

Sarawak rights on Education


During the early stages of the formation of the Federation of Malaysia, one of the main stumbling blocks were the implications of extending the existing federal constitution of Malaya to North Borneo and Sarawak particularly with respect to religion, language and education. Education is one of the subject of much thought before agreement could be reached for the formation of the Federation of Malaysia. 

Referred to page 33 of declassified documents for full documents

Correspondents: 
Sir Robert Heatlie Scott
Sir Robert Heatlie Scott was a British civil servant who became Assistant Under-Secretary of State at the Foreign Office and then Minister at the British Embassy in Washington D. C. before returning to Singapore as Commissioner-General in 1955. He then became the Permanent Secretary of the Ministry of Defence in 1961.

Alan Tindal Lennox-Boyd
Alan Tindal Lennox-Boyd is a Secretary of State for the Colonies (1954-1959), where he oversaw early stages of decolonisation, with the granting of independence to several territories including Malaya. He talked openly about independence for the Federation of Malaya, and invited the then Chief Minister of Malaya, Tunku Sir Abdul Rahman Al-Haj and his friends to Lancaster House to discuss the possibility of Malaya's becoming a sovereign nation.

Education and the emphasize of English language is the main policy of the British Government towards the Borneo States way back even during the attempts for the closer association of the Borneo Territories in the 1950s. It was a well known facts that English is the language of the government in Sarawak during colonial era of British administration (1946-1963)

From the declassified document on Malaysia (DO 35/10019, no. 21) dated 29 January 1959 entitled "[The future of the Borneo territories]: letter from Sir R Scott to Mr Lennox-Boyd", the British policy towards the Borneo Territories rests upon four pillars which should be strive to strengthen. The second pillar is a steady process of internal development in all fields - economic development, chiefly agricultural, social development with the main emphasis upon education and especially the teaching of English, political development through the creation and extension of local government institutions at a pace and on a scale matching the desires and capacities of the people.


Malaysia. Report of the Inter-Governmental Committee, 1962. 
Annex A. Legislative lists, Administrative arrangement and Assurances.

Legislative lists as in the Ninth Schedule to the Federation of Malaya constitution

List 1. Federal List.

13. Education, including - 

(a) Elementary, secondary and university education, etc,; (Federal) - Subject to the undertakings in paragraph 17 of the Report.

* "Etc." at the end of an item indicates that the remainder of the item is intended to follow the existing item in the Ninth Schedule.


Laws of Malaysia. Federal Constitution. 
NINTH SCHEDULE
[Articles 74, 77]
Legislative Lists
List I—Federal List

13. Education, including - 

(a) Elementary, secondary, and university education; vocational and technical education; training of teachers; registration and control of teachers, managers and schools; promotion of special studies and research; scientific and literary societies;



Malaysia. Report of the Inter-Governmental Committee, 1962. 
Chapter III. Proposed Constitutional Arrangements.

17. Education

Certain aspects of religious education have been dealt with under the heading "Religion". In addition:-

(a) although Education (item 13(a) of the Federal List in the Ninth Schedule) will be a federal subject, the present policy and system of administration of education in North Borneo and Sarawak (including their present Ordinances) should be undisturbed and remain under the control of the Government of the State until that Government otherwise agrees. In particular:-

(i) the present policy in the Borneo States regarding the use of English should continue;
(ii) knowledge of the Malay language should not be required as a qualification for any educational opportunity until such time as the State Government concerned considers that sufficient provision has been made to teach Malay in all schools in the State;
(v) the Directors of Education in the Borneo States, who would be officers serving in Federal posts and responsible to the Federal Minister of Education through the Ministry of Education should carry out much the same duties as they do at present in consultation with the State Government concerned;
(vi) to enable local wishes to be fully consulted and taken into account as far as possible, the Directors of Education of the Borneo States should continue to be advised by the respective existing Boards of Education and the local Education Committees; and 

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