Political will needed to resolve grievances under MA63 — Fong
KUCHING: A political will is required to resolve any issues related to Sarawak’s autonomy and privileges as enshrined under the Malaysia Agreement 1963 (MA63), said state legal counsel Dato Sri JC Fong.
Speaking during a recent podcast interview with political analyst Prof James Chin, who is a professor of Asian studies at University of Tasmania, Australia, Fong said the federal governments under Pakatan Harapan (PH) and former prime minister Datuk Seri Najib Razak had publicly stated that they wanted an amicable solution to be reached on this matter.
“There must be a political will to implement what has been agreed to resolve their (Sabah and Sarawak) grievances,” said Fong, who spoke in his personal capacity and not representing the state government.
The former state attorneygeneral said while many taskforces have been set up to address the issue, their efficiency remains to be seen.
“They (taskforce) can say whatever they want but when it comes to implementation, they do not have the political will to do it on the part of the federal government.”
He admitted there were indeed erosions to the rights and autonomy accorded to Sarawak under MA63, including on education as well as the dilapidated conditions of schools and healthcare facilities, adding the Covid-19 outbreak has exposed many of these shortcomings.
Fong said there were many contentious issues surrounding the state’s autonomy, such as the hotly-debated Petroleum Development Act (PDA) 1974.
According to him, there are no provisions within PDA 1974 that exempts national oil corporation Petronas from having to comply with state laws.
On a personal level, he felt it was time to put these issues to rest by getting a definitive ruling from the highest court of the country.
“Whichever way the decision goes, it does not matter as at least there is clarity and there is an opportunity for the political leadership at federal and state levels to see how the matter should be dealt with after the Federal Court has given its opinions.
“That would be the best way to resolve this,” he said.
Fong said bringing the issue to the Federal Court would resolve the matter “once and for all”, and the political leadership can decide the next course of action once a judicial decision has been reached.
“I think overall if a case is properly made up to the court to safeguard the special interests of Sabah and Sarawak, the courts would not fail to uphold them.”
He also said there were provisions in the Federal Constitution granting some executive authority to be transferred to Sabah and Sarawak, and the federal government needs to fund the performance of these executive duties or responsibilities.
Fong also pointed out that former Minister in the Prime Minister’s Department (Law and Parliamentary Affairs) Datuk Liew Vui Keong had intended to table a fresh Bill to amend Article 1(2) of the Federal Constitution – which incorporates most of Sarawak’s demands – in the Dewan Rakyat’s March session this year, but this did not materialise following the change of federal government.
“Basically, the state government would want more than just an amendment of Article 1(2) of the Federal Constitution. The state government feels it (amendment) should insert the tourism sector into the Concurrent List together with the environment sector, introduce reinforcements into the provisions for the return of lands to the state, and address certain native issues, among others,” he said.
Moreover, Fong said procedure rules were drafted for the fiveyearly review of special grants and revenue sources given to the state by the federal government, but the Ministry of Finance under former minister Lim Guan Eng did not agree in the end.
He said even though the PH government doubled the special grant to Sarawak in Budget 2020, no proper review of the special grants took place.
“My policy has always been (that). I advised (but) it’s up to the people whether to take my advice onboard on what they are doing or not. I don’t force my advice on people,” he said in the interview, while reminding that he only acts on the state government’s instructions.
Titled ‘The Malaysia Agreement (MA63) podcast No. 5 Dato Sri JC Fong’, the full video is on Chin’s YouTube channel at https://www.youtube.com/watch?v=EKtXuZOd0lI&feature=youtu.be