Deeper understanding of MA63 vital before deciding on usage of term ‘wilayah’ — Think-tank
MIRI: The Malaysia Agreement 1963 (MA63) should be examined and explained in detail so that the people could gain better understanding about the rights and the laws within it, and this should be done before the term ‘wilayah’ (region) could be used for Sarawak.
The term ‘wilayah’ for Sarawak and Sabah would not give any implication to the actual status if the rights of the two states, as enshrined in MA63, were not restored, said Dayak Think Tank Association Sarawak (DTTAS).
“It is like giving us (Sabah and Sarawak) a new name as a region, but our status is still as among the states in the Federation of Malaysia,” said DTTAS founder Wellie Henry Majang and its president Elias Lipi Mat in a joint statement issued yesterday.
“We declare Sabah/Sarawak a region, but the spirit or essence of a region is not there.
“What will change with this declaration? What is our status in the Federation?
“Under Article 1 (2) of the Federal Constitution, Sabah and Sarawak are still known as ‘states’ along with others such as Kelantan, Pahang, Terengganu, or Perlis, when in fact we (Sabah and Sarawak) are not on par with them, because we jointly formed Malaysia.”
The statement added that therefore, the only way to restore the status of Sabah and Sarawak as ‘partners’ in the formation of Malaysia would be through the tabling of the Bill to amend Article 1(2) of the Federal Constitution.
The original status should be restored to both Sabah and Sarawak, as agreed upon in 1963.
“The status of Sabah and Sarawak as ‘partners of the Federation of Malaysia’ needs to be restored because the downgrading of the status to a ‘state’ in 1976 should not have happened.
“The amendment would fulfil the intention and purpose of recognising Sabah and Sarawak not as states like any other states in Peninsular Malaysia, and restoring their status as ‘partners’ in the formation of Malaysia,” said the joint statement.
Therefore, to restore the rights of Sabah and Sarawak as ‘regions’ as enshrined in MA63, would restore their position of having equal rights with a solid foundation towards strengthening the relationship of the three ‘regions’ – Peninsular Malaysia, Sabah, and Sarawak, it pointed out.
The statement said among the important demands by the people of Sabah and Sarawak upon agreeing to form Malaysia was the guarantee of the privileges of the indigenous people of Sabah and Sarawak.
“This important demand is enshrined in Article 153 (1) of the Federal Constitution, which states that it is the responsibility of the Yang di-Pertuan Agong to safeguard the special position accorded to the natives of Sabah and Sarawak.
“It is our responsibility now to ensure that the supremacy of the Constitution is upheld and the rule of law is firmly established.”
In this regard, the statement said DTTAS would leave the discretion to the Chief Minister Datuk Patinggi Abang Johari Tun Openg and the state government to consider the best possible use of the term ‘wilayah’ for Sarawak.
“It has a huge impact on the people of Sarawak if it (the term ‘wilayah’) is not refined and explained well to the people, down to those at the grassroots.
“It is important that the people of Sarawak have the right to have a say, and they need to be explained transparently about the term ‘wilayah’ so that there would be no confusion.
“The government needs to state its position later over why Sarawak should – or should not – use this term,” said the joint statement.
Speaking at a ceremony in Kuching last Saturday, Abang Johari said the use of the term ‘wilayah’ for Sarawak would depend on the outcome of the current MA63 negotiations.
He said the use of the term was a proposal from Prime Minister Tan Sri Muhyiddin Yassin, and it had been accepted by Sarawak.
However, Abang Johari had said that whether it would be adopted by Sarawak or not, would depend on the outcome of the MA63 negotiations later.