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Rectify systemic infringement on Sabah's constitutional and economic rights - LDP
Rectify systemic infringement on Sabah's constitutional and economic rights - LDP

Borneo Post

time21 hours ago

  • Business
  • Borneo Post

Rectify systemic infringement on Sabah's constitutional and economic rights - LDP

Chin KOTA KINABALU (July 4): Liberal Democratic Party (LDP) treasurer general Chin Kian Ming has issued a strongly worded statement, condemning the federal government under the leadership of Prime Minister Dato' Seri Anwar Ibrahim for continuously delaying, weakening, and even denying the constitutional rights granted to Sabah under the Malaysia Agreement 1963 (MA63). The party warned that such actions constitute a double betrayal of the political dignity and economic future of the people of Sabah. Chin expressed deep dissatisfaction over the federal government's failure to fulfill Sabah's rightful entitlement to the 40% net revenue return. According to Articles 112C and 112D of the Federal Constitution, this return mechanism should have been a cornerstone of Sabah's financial autonomy. However, the revenue formula originally scheduled for completion by July 2024 has yet to be announced or supported by any legal implementation mechanism. Chin criticized, 'This is no longer just administrative delay — it reflects institutional disregard and a blatant violation of constitutional principles.' He pointed out that Article VIII of MA63 clearly requires that the provisions of the Agreement be implemented through legislation or other formal mechanisms, especially regarding the rights of the East Malaysian states. However, to date, the federal government has not taken any meaningful legal action to return powers to Sabah. The related committees have become mere 'symbolic platforms' with no tangible progress in restoring Sabah's legal position. He also harshly criticized the federal government for continuously relying on and enforcing the Petroleum Development Act 1974 (PDA) and the Territorial Sea Act 2012 (TSA) without the consent of the Sabah state government. These two Acts effectively strip the state of control over petroleum and maritime resources. Such actions clearly violate Paragraph 24 of the Inter-Governmental Committee (IGC) Report, which states that land and natural resources shall remain under the exclusive jurisdiction of the state unless otherwise amended by the State Legislative Assembly. He further pointed out that although Article 1(2) of the Federal Constitution was amended in 2019 to restore Sabah and Sarawak's status as 'partner states' (rakan sekutu), this restoration has had no substantive impact in practice. Sabah continues to be treated as a second-class state in matters of federal budget allocation, project prioritization and national policy consultation, which is a serious departure from the founding spirit of the Federation in 1963. According to Chin, the federal government's persistent denial of Sabah's rightful status and autonomy has led to long-term structural developmental imbalance. Despite being one of the richest states in Malaysia in terms of natural resources, Sabah continues to suffer from the highest poverty rates and weakest access to education and healthcare services. This reflects not only economic exploitation, but also systemic neglect of Sabahans' right to survival and development. Chin emphasized that Sabah should enjoy localized decision-making powers in education and healthcare. According to Paragraphs 15 and 17 of the IGC Report, Sabah is entitled to tailor policies to local conditions. However, the reality is that the highly centralized federal system severely suppresses local reforms, leading to shortages in rural hospitals, deteriorated school infrastructure, and a massive outflow of local talent — creating a vicious cycle of 'resource extraction and entrenched poverty.' He also expressed concern over the gradual erosion of Sabah's rights in language and cultural-religious diversity. MA63 guarantees the right for Sabah to continue using English as an official administrative language and to preserve the state's multireligious environment. However, recent years have seen increasing pressure from federal unification policies that threaten Sabah's generational tradition of harmonious multiculturalism. Even more worrying is the systemic weakening of Sabah's immigration autonomy. According to Paragraph 6 of the IGC Report, Sabah has the legal authority to control the entry and residence of non-state residents to preserve demographic balance and social stability. The federal government's repeated attempts to pressure Sabah into relaxing these controls have led to increasing issues with illegal immigration and demographic imbalances, fueling deep public anxiety. He stressed that the Malaysia Agreement 1963 is not just a historical document, but a living political covenant that serves as the foundation of Sabah and Sarawak's entry into Malaysia. If the spirit of this covenant continues to be undermined, it will ultimately destabilize the unity of the Federation itself. He called for the immediate implementation of the 40% revenue return mechanism; the repeal of federal laws imposed without East Malaysia's consent; and full restoration of state autonomy in natural resources, education, healthcare, land and immigration. Chin further declared its intention to pursue additional political and legal measures, including proposing motions in the Sabah State Assembly, seeking judicial review, and strengthening strategic alliances with other local political parties to defend East Malaysian rights. 'We will no longer settle for symbolic gestures. The people of Sabah demand real autonomy and genuine respect — not hollow rhetoric and double standards. 'MA63 is not a relic of the past, but a living legal contract. If the federal government continues to violate its terms, it is not just betraying Sabah — it is undermining the rule of law in Malaysia. The Liberal Democratic Party stands united with the people of Sabah to defend our rightful entitlements, our resources, and our future,' Chin concluded in its statement.

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