A louder voice needed for Sabah, Sarawak

PETALING JAYA: The toughest negotiations within the unity government to date has been the quest to get more Dewan Rakyat seats for Sabah and Sarawak, says Deputy Prime Minister Datuk Seri Fadillah Yusof.

Sabah and Sarawak want more than one-third of the seats.

Fadillah, who is head of the Malaysia Agreement 1963 (MA63) Implementation Action Council, said that more than two-thirds of the seats were allocated to Peninsular states now.

In the 222-seat Dewan Rakyat, 166 seats or 75% are in the peninsula while 56 are from Sabah and Sarawak.

This means that any amendment to the Federal Constitution involving the Borneo states could be passed with a two-thirds majority even if Sabah and Sarawak MPs did not take part, he said.

(MA63 is a legal document signed in 1963 that spells out the terms for the formation of the Federation of Malaysia.)

“If I can fulfil 50% of what has been agreed on MA63 by previous governments and the unity government, I would be happy.

“Of course, the critical ones – the financial contributions to the state, the administrative powers in deciding projects and day-to-day matters as well as administrative matters that have to do with Sabah and Sarawak... the toughest one remains the seat allocations,” he said.

He added that it was vital to educate all MPs on the rights of Sabah and Sarawak under MA63.

Pointing to the amendments on the definition of “Malaysia” – which was unanimously agreed to by all parliamentarians in 2021 and came into force last year – Fadillah said this showed that protecting the rights of Sabahans and Sarawakians was achievable.

The Constitution (Amendment) Act 2022 involved the list of the states of the Federation in Clause 2 of Article 1; the definition of the Federation and the new definition of Malaysia Day in Clause 2 of Article 160; the indigenous races of Sarawak in Clause (6)(a) of Article 161A; and the removal of Clause 7 of Article 161A.

Clause 7 of Article 161A lists 28 ethnic groups as indigenous to Sarawak for the purpose of the definition of “native”.

However, then Minister in the Prime Minister’s Department (Parliament and Law) Datuk Seri Dr Wan Junaidi Tuanku Jaafar was quoted as saying that negotiations to make several other amendments to the Constitution, including a fairer distribution of Parliamentary constituencies between Sarawak, Sabah and the peninsula, would continue.

Fadillah said the amendment to Article 161A which was proposed by the previous government was an important step in the devolution of powers to Sarawak, which, hopefully, would allow for stronger protection of native rights.

“However, whether the current government will move the amendment (on the seats) for a vote and whether it will obtain the requisite two-thirds’ majority to pass remains an open question.

“Politicians from Sabah and Sarawak have warned that secessionist voices would grow stronger if the amendments fail to pass,” he added.

The unity government, he said, must now go beyond symbolic gestures to address the real source of discontent – the de facto autonomy of the territories over their political futures and the returns on their resources.

“These constitutional amendments are hopeful first steps towards greater devolution, more equitable wealth distribution, and democratic empowerment for the peoples of Sabah and Sarawak.

“Several matters that have been proposed by the state governments of Sabah and Sarawak under the spirit of MA63 have been approved, involving aspects of devolution of authority and empowerment.

“Among these, the recognition of the Engineering Department to the Public Works Department of Sabah and Sarawak, including the Irrigation and Drainage Department, to authorise the implementation of federal development projects of up to RM50mil.

“For now, however, the one-third parliamentary seat allocation for Sabah and Sarawak is important as this would not allow Peninsula Malaysia to amend the Constitution that may eliminate the rights of the two regions as enshrined in MA63,” said Fadillah.