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Daily Express
5 hours ago
- Politics
- Daily Express
There must be open dialogue, mutual respect
Published on: Sunday, June 08, 2025 Published on: Sun, Jun 08, 2025 By: Datuk Roger Chin Text Size: By working together, all stakeholders can build a brighter future for Malaysia, one that benefits all its citizens. A Legacy of Discontent - Resolving Sabah and Sarawak's Oil and Gas Impasse Sabah and Sarawak, the emerald jewels of Borneo, are the economic powerhouses of Malaysia. Their vast oil and gas reserves fuel the nation's growth, yet a deep sense of discontent threatens to shatter this prosperity. The root of this tension lies in the unresolved issue of oil and gas rights, a legacy of historical promises and contemporary disagreements. Advertisement This paper delves into the complexities surrounding Sabah and Sarawak's claims, arguing that a critical review of existing frameworks, coupled with open dialogue and a commitment to equitable resource sharing, is essential for achieving a lasting solution. Broken Promises - The Malaysia Agreement of 1963 (MA63) and the Petroleum Development Act (PDA) The Malaysia Agreement of 1963 (MA63) stands as a cornerstone document, promising significant autonomy for Sabah and Sarawak over their natural resources, including oil and gas. However, the Petroleum Development Act 1974 (PDA) appears to contradict this very foundation. Advertisement Established under the cloak of a national emergency, the PDA vested sole authority over Malaysian oil and gas in Petronas, the national oil and gas company. This move by the federal government significantly altered the power dynamic, raising concerns about its adherence to the spirit and letter of MA63. Questioning Legitimacy and Transparency - Deeper Scrutiny Needed Legal scholars raise serious concerns about the PDA's legitimacy. Firstly, the absence of ratification by Sabah and Sarawak's state assemblies potentially violates Article VIII(2)(a) of MA63, which guarantees their control over their natural resources. This unilateral action by the federal government disregards democratic processes and undermines the autonomy promised to these resource-rich states. Secondly, the timing of the emergency coinciding with heightened racial tensions in 1974 necessitates a deeper examination of its true purpose. Was it a genuine crisis, or a convenient justification for a power grab over valuable resources? Scrutinizing historical records and emergency justifications becomes crucial in this context. Beyond legalities, the PDA's lack of transparency adds fuel to the fire. There's no record of citizen consent in these resource-rich states, and the current revenue-sharing formula within the PDA remains shrouded in secrecy. This lack of transparency fuels resentment, as vast wealth is extracted from Sabah and Sarawak with minimal reinvestment in these states. Statistics paint a stark picture - a 2022 World Bank report indicated that Sabah and Sarawak have a GDP per capita significantly lower than the national average. Additionally, these states consistently rank lower in metrics like road quality and access to healthcare compared to the developed peninsular states. The Human Cost of Inaction - Festering Wound and National Unity The extended state of emergency, lifted only in 2011, further stifled legal challenges to the PDA. Decades of simmering discontent have become a festering wound, threatening national unity. Ignoring these grievances has significant economic and social consequences. The oil and gas dispute stands as a major obstacle to national security, prosperity, and cohesion. A fractured Malaysia with a discontented Sabah and Sarawak is unlikely to achieve its full economic potential on the global stage. Beyond Money - A Fight for Self-Determination and Shared Prosperity Sabah and Sarawak's claims extend beyond mere monetary gain. They yearn for a fair deal, a chance to shape their own economic destinies. While increased oil royalty payouts are a necessity, the current model extracts vast wealth, leaving these states lagging behind. They deserve greater control over their resources, the power to decide how their wealth uplifts their people and fuels development. This is not a fight for greed; it's a fight for self-determination. They envision a future where they are active participants in shaping the national economic landscape, not just resource providers. Successful resource-sharing models exist in other federations. Canada's model grants significant autonomy to resource-rich provinces like Alberta over their oil and gas reserves, while ensuring a fair contribution to the national coffers. Similarly, the United Arab Emirates (UAE) employs a successful model where emirates rich in oil and gas contribute to a federal development fund. This fund is then used to support the development of less resource-rich emirates, fostering national unity and shared prosperity. These examples demonstrate that a balance can be achieved, allowing resource-rich regions to contribute to the national good while retaining a significant degree of control over their own resources. Implementing a similar framework in Malaysia, with revenue-sharing based on a transparent formula and provisions for regional development, could pave the way for a more equitable and sustainable future for all Malaysians. The Road to Reconciliation - A Call for Open Dialogue and Mutual Respect Open and honest dialogue involving all stakeholders is essential for forging a path towards reconciliation. This dialogue must extend beyond politicians to include economists, legal experts, and civil society representatives from Sabah and Sarawak. It must be a genuine attempt to understand the depth of discontent and explore solutions that address the root causes. Ignoring these grievances is a recipe for national fracture. A Sustainable Solution - Benefits for All Malaysians A sustainable solution requires a commitment from all parties involved. The federal government must acknowledge the legitimacy of Sabah and Sarawak's claims and demonstrate a willingness to revisit the existing agreements. This could involve: Establishing a revenue-sharing model that reflects a fairer distribution of oil and gas wealth, with a transparent formula that takes into account factors like production costs and depletion rates. Granting Sabah and Sarawak greater autonomy in managing their own oil and gas reserves, allowing them to decide on exploration, development, and production strategies. Investing in infrastructure development and social programs in Sabah and Sarawak to address historical neglect. This could include projects in transportation, education, healthcare, and rural development. Amending MA63 and related agreements to explicitly recognize Sabah and Sarawak's rights over their natural resources. By embracing a more equitable approach, Malaysia can unlock the full potential of Sabah and Sarawak. These resource-rich states can become not just contributors of wealth but active participants in shaping the national economic landscape. This will lead to a more prosperous and cohesive Malaysia, where all states feel they have a stake in the nation's success. Unity or Dissolution - The Choice Before Malaysia The fate of Sabah and Sarawak's oil and gas rights is a crossroads for Malaysia. The nation can choose the path of reconciliation and shared prosperity, or it can continue down the road of disenfranchisement and risk national dissolution. The time for empty promises and half-measures is over. Sabah and Sarawak deserve nothing less than genuine partnership, one that recognizes their rights and unlocks their full potential. Only then can Malaysia truly thrive as a united and prosperous nation. Call to Action The Malaysian government must take decisive steps to address the grievances of Sabah and Sarawak. A comprehensive review of existing agreements, coupled with open dialogue and a commitment to equitable resource sharing, is essential for achieving a lasting solution. By working together, all stakeholders can build a brighter future for Malaysia, one that benefits all its citizens. The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]
Daily Express
25-05-2025
- Entertainment
- Daily Express
We have the mountain, sea but no song
Published on: Sunday, May 25, 2025 Published on: Sun, May 25, 2025 By: Datuk Roger Chin Text Size: IF you ask a European or Japanese traveller to hum ' Malaysia, Truly Asia ', chances are they still can — more than two decades after it first aired. It wasn't just an ad. It was a siren song. A masterstroke in destination branding. It ran across CNN, BBC, and hotel screens from Berlin to Bangkok. It made you feel something. It made Malaysia unforgettable. Now ask the same person about Sabah. Chances are, they'll blink. 'Where?' This is the hard truth we must confront - Sabah is not as well-known as we often assume. Despite our stunning natural assets, cultural richness, and world-class dive sites, Sabah hasn't broken into the global consciousness — not in the way Bali, Phuket, or even Langkawi have. Feel Sabah? The World Doesn't Yet Our current tourism campaign, 'Feel Sabah', is noble in intention — but muted in execution. It's played on loop at trade fairs, projected on booth monitors, and shared via localised digital content. But it lacks the vital ingredients of great destination storytelling - a hook, a heartbeat, a voice. Advertisement It lacks music. And without a strong emotional anchor, even the most breathtaking visuals get lost in the noise of global tourism. In an industry where travellers are bombarded with similar promises of 'pristine beaches' and 'untouched rainforests,' we must ask - What truly sets Sabah apart? The World Remembers a Feeling What made 'Malaysia Truly Asia' iconic wasn't just the imagery. It was the jingle — catchy, colourful, culturally layered. You could close your eyes and still know what Malaysia felt like. You could sing it. You could remember it. Sabah needs that. A soundtrack. A musical identity that doesn't just describe Sabah — it defines it. We have the talent. Asmin Mudin, a proud Sabahan, wrote 'Kau Ilhamku', one of Malaysia's most beloved songs, and 'Sayang Kinabalu', an ode to the majestic mountain and the spirit of its people. These aren't just songs. They are emotional signatures — exactly what Sabah needs to break through the global tourism fog. So why haven't we called on Asmin, or other Sabah musicians, to craft a true anthem for our state? Visibility Isn't Recognition Yes, tourists do come — especially from China. But our reach is narrow. Most Chinese visitors to Sabah hail from a few southern provinces, particularly Guangdong. The rest of China — vast, curious, and travel-hungry — remains largely unaware of our existence. This limited recognition extends globally. Sabah is known in niche circles — divers, trekkers, wildlife lovers — but not in the mainstream. In truth, we are still a well-kept secret. And in a saturated region like Southeast Asia, where dozens of destinations offer similar natural appeals, being unknown is a liability. Tourism is Not Just Branding — It's Survival For many in Sabah, tourism is not a luxury industry — it's a livelihood. From Kundasang homestays to artisans in Keningau and boat operators in Semporna, the tourism economy is a local economy. Done well, it generates jobs, sustains villages, and uplifts indigenous communities. A world-class tourism campaign, then, is not vanity. It is economic policy. And yet, Sabah's tourism marketing remains largely dependent on federal allocations, shaped far from the realities of our terrain. Without control over our own global messaging or sufficient investment in sustained international promotion, we're left whispering in a crowded room. The Case for a New Campaign What Sabah needs is not another slogan. We need a movement — one that speaks in music, breathes through imagery, and lives in people's hearts. Imagine a campaign that: Launches with a Sabah anthem, composed by a Sabahan, backed by a cinematic short film. Rolls out across global platforms — Netflix trailers, YouTube, Spotify, CNN, Discovery. Features not just nature, but our people, rhythms, and rituals — from the Bajau Laut to the Murut highlands, from orangutans to ocean sunsets. Imagine someone in Paris hearing a melody and saying, 'That's from Sabah.' That is the power of identity done right. Beyond Borneo - Tell the Bigger Story There's also an opportunity to collaborate across borders. The average tourist doesn't differentiate between Sabah, Sarawak, and Kalimantan — they just know 'Borneo.' Why not lean into that and develop a unified Borneo eco-tourism brand — a partnership that highlights our rainforests, our indigenous cultures, our wildlife, and our commitment to conservation? Sabah could lead this narrative, positioning itself as the beating heart of wild Borneo. Let Sabahans Tell Sabah's Story Let's also make this campaign ours. Launch a 'This is Sabah' initiative — inviting youth, musicians, filmmakers, and photographers to submit their Sabah. Let authenticity drive reach. Let the campaign be participatory, emotional, and grassroots. And let our diaspora — Sabahan artists, scholars, and leaders abroad — become our global ambassadors. Because the most powerful branding is not what you say about yourself — it's what others say about you when you're not in the room. Hear Sabah. See Sabah. Live Sabah. We already have the mountain. We already have the sea. We already have the story. What we lack is a chorus. If we want the world to visit us, we must first make them feel us. And the fastest path to the heart is through sound. It's time to give Sabah a soundtrack — and let the world finally hear us. The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]
Daily Express
18-05-2025
- Business
- Daily Express
Sabah's distinct advantage for investors
Published on: Sunday, May 18, 2025 Published on: Sun, May 18, 2025 By: Datuk Roger Chin Text Size: SABAH is a standout destination for both foreign and domestic direct investment, surpassing Sarawak and Peninsular Malaysia in various strategic, economic, and policy-driven metrics. The state's unique combination of natural resources, cost advantages, strategic geographic location, and forward-thinking governance makes it the clear choice for investors looking to expand in Southeast Asia. Advertisement Below is a detailed comparative analysis of why Sabah outshines Sarawak and Peninsular Malaysia as an investment destination. Strategic Geographic Advantage Sabah's location at the northern tip of Borneo places it in the heart of the Asean region. It is geographically closer to key global markets such as China, Japan, South Korea, and the Philippines compared to Sarawak and Peninsular Malaysia. This proximity reduces shipping times and logistical costs for businesses targeting East Asia and Pacific trade routes. Advertisement Advantage Over Sarawak - While both Sabah and Sarawak are located on Borneo, Sabah's ports are better positioned for direct international trade. The Sepanggar Bay Container Port in Kota Kinabalu serves as a deep-water transshipment hub, capable of handling large vessels for global shipping routes. Sarawak's ports, such as those in Kuching and Bintulu, cater primarily to domestic and regional trade, limiting their appeal for global exporters. Advantage Over Peninsular Malaysia - While Peninsular Malaysia enjoys proximity to the Strait of Malacca, it faces heavy congestion and competition in established ports like Port Klang and Tanjung Pelepas. Sabah, with its less congested and expanding port facilities, provides a cost-effective alternative for exporters and manufacturers seeking seamless access to international markets. Resource Diversity and Economic Stability Sabah boasts a broader range of natural resources than either Sarawak or Peninsular Malaysia. Its economy benefits from a diversified resource base that includes oil and gas, palm oil, fisheries, and forestry, alongside growing renewable energy potential. Advantage Over Sarawak - While Sarawak heavily depends on oil and gas exports and its SCORE (Sarawak Corridor of Renewable Energy) initiative, Sabah has successfully diversified its economy. The palm oil sector, supported by integrated downstream facilities such as the Palm Oil Industrial Cluster (POIC) in Lahad Datu, contributes significantly to Sabah's GDP. Additionally, Sabah's marine biodiversity positions it as a leader in fisheries and aquaculture, industries where Sarawak has limited activity. Advantage Over Peninsular Malaysia - Peninsular Malaysia's reliance on industrialisation and urban-centric growth makes its economy vulnerable to global trade fluctuations. Sabah, by contrast, balances natural resource exploitation with emerging industries like eco-tourism and green energy, providing economic stability even during global downturns. Competitive Cost Structure Sabah offers a significantly lower cost of doing business compared to Sarawak and Peninsular Malaysia. Labour costs, land acquisition prices, and utility rates are all more affordable, giving businesses a competitive edge. Labour Costs - Sabah's labour market is competitive, with lower wages for skilled and unskilled workers compared to Peninsular Malaysia. For example, industrial wages in Sabah are often 10–20% lower than in urban centres like Kuala Lumpur and Johor Bahru. Sarawak's wages are comparable but often constrained by a smaller talent pool due to its lower population density. Land Costs - Sabah's land acquisition costs for industrial, commercial, and agricultural purposes are significantly cheaper than Peninsular Malaysia's urbanised areas. In Sarawak, Native Customary Rights (NCR) land issues create additional legal and procedural hurdles, which Sabah's clear land policies under the Sabah Land Ordinance effectively avoid. Utility Costs - Sabah's water tariffs are among the lowest in Malaysia, and the state's renewable energy initiatives are driving down electricity costs, making it attractive for energy-intensive industries such as manufacturing and agriculture. Infrastructure and Connectivity Sabah's infrastructure is rapidly developing to support its growing economy, with investments in ports, airports, roads, and digital connectivity. Advantage Over Sarawak - While both states face challenges in rural infrastructure, Sabah has outpaced Sarawak in developing integrated logistics hubs such as the Kota Kinabalu Industrial Park (KKIP) and the Sepanggar Bay Container Port. Sarawak's SCORE initiative has primarily focused on energy-intensive industries, limiting broader industrial and logistical growth. Advantage Over Peninsular Malaysia - Peninsular Malaysia's infrastructure is advanced but often congested in urban centres like Kuala Lumpur and Johor Bahru. Sabah, by contrast, offers well-planned industrial zones and a more accessible environment for businesses looking to avoid the delays and inefficiencies associated with overburdened infrastructure. Tourism Industry Leadership Sabah has positioned itself as Malaysia's leader in eco-tourism and nature-based tourism, leveraging its unique biodiversity and cultural heritage. Advantage Over Sarawak - While Sarawak also has eco-tourism offerings, such as the Mulu Caves, Sabah has a more mature and globally recognised tourism sector. Iconic attractions like Mount Kinabalu, Sipadan Island, and the Danum Valley rainforest attract international visitors, driving robust tourism revenues. Sabah's tourism infrastructure, including luxury resorts and adventure activities, is more developed and diverse. Advantage Over Peninsular Malaysia - Peninsular Malaysia's tourism is urban-centric, focused on cities like Kuala Lumpur and Penang. Sabah, with its pristine natural environment, appeals to high-value eco-tourists seeking unique experiences. This differentiation positions Sabah as a leader in sustainable tourism, an increasingly lucrative market segment. Proactive Governance and Investor Support Sabah's government has been particularly proactive in fostering an investor-friendly environment, with streamlined processes, tax incentives, and targeted economic initiatives. Advantage Over Sarawak - Sarawak's investment environment can be hampered by bureaucratic delays and land ownership issues related to NCR land. Sabah's governance, under the Sabah Economic Development and Investment Authority (SEDIA), is focused on reducing red tape and ensuring transparency. The Sabah Development Corridor (SDC) offers tailored incentives, including tax exemptions and investment allowances, to attract investors in priority sectors. Advantage Over Peninsular Malaysia - Peninsular Malaysia, while offering a business-friendly environment, is often less flexible due to its size and centralised bureaucracy. Sabah's state-driven approach allows for quicker decision-making and customised solutions for investors. Social and Political Stability Sabah's diverse population and inclusive governance contribute to a stable socio-political environment, which is critical for long-term investments. Advantage Over Sarawak - Sabah's population is larger and more urbanised than Sarawak's, providing a more dynamic consumer base and labour force. Additionally, Sabah has faced fewer disputes over federal-state relations compared to Sarawak, where demands for greater autonomy can sometimes create uncertainty. Advantage Over Peninsular Malaysia - Sabah's political landscape is less polarised than Peninsular Malaysia's, where ethnic and regional divisions often influence governance and policy. This stability makes Sabah an appealing destination for businesses seeking consistency and predictability. Emerging Sectors and Future Potential Sabah is rapidly expanding its presence in emerging sectors, including renewable energy, halal industries, and the digital economy. Renewable Energy - Sabah's untapped potential in hydropower, biomass, and solar energy positions it as a leader in sustainable energy production, far ahead of Peninsular Malaysia's urban-constrained energy grid and Sarawak's SCORE, which is heavily tied to hydropower alone. Halal Industries - Sabah's proximity to Muslim-majority markets in Asean and the Middle East makes it an ideal hub for halal-certified products, including food, pharmaceuticals, and cosmetics. This industry is less developed in Sarawak and Peninsular Malaysia. Sabah as the Preferred Investment Destination Sabah offers a unique combination of advantages that make it the superior choice for investment compared to Sarawak and Peninsular Malaysia. Its strategic location, diversified economy, lower costs, robust infrastructure, and proactive governance create an ideal environment for businesses seeking growth and profitability. With its focus on sustainability, emerging industries, and inclusivity, Sabah is not just a destination for investment—it is a blueprint for Malaysia's future economic success. Investors seeking long-term opportunities in Southeast Asia will find Sabah to be the best decision they could make. The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]
Daily Express
11-05-2025
- Politics
- Daily Express
Time for Sabahans to unite, act as one
Published on: Sunday, May 11, 2025 Published on: Sun, May 11, 2025 By: Datuk Roger Chin Text Size: A Digital Mirror of Discontent Across thousands of WhatsApp groups, Facebook pages and TikTok videos, a striking consensus has emerged – Sabahans are angry, disillusioned and tired of being left behind. What began as sporadic complaints about potholes and blackouts has evolved into a collective, clarion call for change. These are no longer just personal rants—they are expressions of a deeper societal frustration and more importantly, a growing political consciousness. A Legacy of Neglect Sabah remains a land of paradox. Rich in oil, gas, timber and biodiversity, yet among the poorest in Malaysia by almost every socioeconomic measure. Infrastructure is crumbling. Clean water is unreliable. Electricity supply is inconsistent. Education and healthcare facilities are under-resourced. Roads in rural areas often turn to mud during the rainy season. And yet, federal development funds arrive late, diluted and conditional. This is not just a policy failure. It is a betrayal of the promise of Malaysia should mean. Youth Losing Faith and Leaving Sabah's youth—educated, aspirational and globally connected—are increasingly losing faith in their future here. Many are leaving for better opportunities elsewhere. Others stay behind but disengage, convinced that no election or political figure can make a difference. This brain drain is more than a demographic concern; it is a slow erosion of Sabah's long-term potential. The People's Vision of a Unity Government for Sabah What is emerging from public discourse is not just a demand for better governance, but a bold vision for Sabah's political future. More and more Sabahans are calling for a unity government comprising Sabah-based political parties—one that reflects the full diversity of voter sentiment but is united by a common goal: to govern Sabah on its own terms. The inspiration, again and again, is Sarawak. There, political unity has translated into negotiating strength with Putrajaya, clearer development agendas and a government that speaks with one voice. Sabahans are asking—why not us? With a unity government, all voices of the people can be accounted for. When political differences give way to shared responsibility, we move in one direction, with one voice. Imagine how powerful Sabah can be when we replace disjointed debates and political negativity with unified purpose and collective resolve. No longer distracted by endless dissent, we can channel our energy into rebuilding, reforming and realising Sabah's true potential. A Question of Political Will Given the overwhelming public support for political unity, the question must be asked - why haven't Sabah's political leaders delivered what the people so clearly want? The answer, increasingly, seems to lie not in ideology—but in ego. Personal rivalries, factional grudges and the pursuit of political dominance have taken priority over the common good. In some cases, vendettas from past political battles continue to poison present-day negotiations. This is not leadership—it is abdication of responsibility. Egos and Vendettas Must Be Set Aside It is time for Sabah's politicians to confront a hard truth - you were not elected to serve your party, your pride, or your ambitions. You were elected to carry out the will of the people. Sabahans are not demanding perfection. They are demanding maturity. They are asking their leaders to put aside ego, personal vendettas and political one-upmanship—and to act in the spirit of service, compromise and collective progress. Sabah has had enough of backdoor deals, sudden defections and endless blame games. What the people want now is stability, accountability and a united front for progress. Inclusivity Is Not Optional Any unity government worth its name must also reflect the diversity of Sabah's political voice. The current State Assembly includes a sizeable opposition bloc—elected by Sabahans who believed in their vision. To exclude them from governance is not only undemocratic but a disservice to hundreds of thousands of constituents. Unity does not mean sameness. It means cooperation. It means putting people before party. And it means acknowledging that no single party has a monopoly on Sabah's future. A Turning Point for Sabah Sabah is not a weak state. It is a resilient land, rich in spirit, culture and resources. What it lacks is political coherence and shared direction. This is a defining moment. Sabah's leaders must rise above factionalism, embrace unity and form a government that truly reflects the people's will. To continue down the path of division is to risk losing the trust—and patience—of the very people who put them in power. Now The people have spoken—in elections, in online forums and in their daily frustrations. The only question that remains is whether Sabah's politicians have the humility, wisdom and courage to listen. History is waiting to be written. Let it be one of unity, strength and a Sabah finally moving forward—together A Final Word of Hope Sabah is a land of golden opportunities—blessed with rich resources, vibrant cultures and a people full of resilience and talent. If we strategise boldly and govern wisely, there is no reason Sabah cannot rise to become one of the richest and most successful states in Malaysia. The road ahead may be challenging, but it is not impossible. We must not give up. The future of Sabah is not written in stone—it is ours to shape. Let us rise together, with unity and purpose. The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]
Daily Express
04-05-2025
- Politics
- Daily Express
Sabah more than a state
Published on: Sunday, May 04, 2025 Published on: Sun, May 04, 2025 By: Datuk Roger Chin Text Size: CALLING Sabah as one of the 13 states of Malaysia starkly overlooks the profound historical and legal context that sets Sabah apart as an equal partner in the federation. To reduce Sabah's status to that of a mere state as was attempted in 1976 but reversed in 2021 is to ignore the foundational agreements and constitutional safeguards that were meticulously crafted to ensure its unique position within Malaysia. This analysis delves into the historical context, legal frameworks, and recent constitutional amendments that collectively affirm Sabah's status as more than just a state. Historical Context Formation of Malaysia The Federation of Malaysia was formed on 16 September 1963, bringing together the Federation of Malaya (comprising 11 states), Sabah, Sarawak, and Singapore (which later left in 1965). The formation of Malaysia was the result of the Malaysia Agreement 1963 (MA63), signed by the United Kingdom, the Federation of Malaya, North Borneo (now Sabah), Sarawak, and Singapore. This agreement laid down the terms and conditions for the formation of the new federation. Sabah's Unique Position Sabah's inclusion in Malaysia was not as a mere state but as a partner in the federation. The Cobbold Commission, which was set up to determine the wishes of the people of Sabah and Sarawak, reported a significant desire for these regions to join Malaysia but with certain safeguards and special autonomy. As a result, Sabah (and Sarawak) was granted specific rights and privileges, distinct from the existing states of Malaya. Legal Framework and Amendments to the Federal Constitution 1. Malaysia Agreement 1963 (MA63) The MA63 is a fundamental document that outlines the conditions under which Sabah, Sarawak, and Singapore (at the time) agreed to form Malaysia. Key points include: Autonomy - Sabah and Sarawak were granted considerable autonomy in areas such as immigration, education, and religion. Special Legislative Lists - The Ninth Schedule of the Federal Constitution includes special legislative lists for Sabah and Sarawak, giving them legislative powers that other states do not have. Additional Protections - Article 161 of the Federal Constitution provides special provisions for Sabah and Sarawak, including safeguards for their native peoples and control over immigration into their territories. 2. The Federal Constitution The Federal Constitution of Malaysia incorporates provisions from the MA63 to ensure Sabah's (and Sarawak's) unique status. Key constitutional provisions include: 20-Point Agreement - Although not part of the Federal Constitution, this document details Sabah's specific conditions for joining Malaysia, including control over immigration, Borneanisation of the civil service, and guarantees of religious freedom. Article 161E - Protects the special position of Sabah and Sarawak in terms of representation in Parliament, the power of the state legislatures, and financial arrangements. Article 112C and 112D - Provide for special grants and sources of revenue for Sabah and Sarawak, acknowledging their unique economic and developmental needs. Constitution (Amendment) Act 2022 In an effort to reinforce Sabah's (and Sarawak's) status as equal partners within Malaysia, the Constitution (Amendment) Act 2022 was passed unanimously by the Dewan Rakyat on 14 December 2021 and received royal assent on 11 February 2022. This amendment was specifically aimed at giving effect to the Malaysia Agreement 1963 (MA63). Key aspects of the amendment include: Restoration of Equal Partner Status - The amendment formally acknowledges Sabah and Sarawak as equal partners to Malaya, rectifying any perception that they are mere states. Revised Constitutional Language - Changes were made to the constitutional text to reflect the original spirit of the MA63, ensuring that the partnership status of Sabah and Sarawak is explicitly recognized and protected. Critical Analysis Sabah as a Partner The historical agreements and the specific provisions within the Federal Constitution, reinforced by the Constitution (Amendment) Act 2022, underscore that Sabah (and Sarawak) were envisaged as equal partners in the formation of Malaysia, rather than mere states. The special protections and autonomies granted reflect this intention. Erosion of Rights Over the decades, there have been claims that some of the special rights and autonomies of Sabah have been eroded. For instance: Petroleum Rights - The controversy over the Petroleum Development Act 1974, which essentially transferred ownership and control of petroleum resources from Sabah (and Sarawak) to the federal government, is often cited as an example of this erosion. Developmental Disparities - There is also ongoing debate about whether Sabah has received its fair share of development and resources, compared to Peninsular Malaysia. Recent Developments The passage of the Constitution (Amendment) Act 2022 is a significant development in the ongoing efforts to restore and recognize Sabah's special status within the federation. This legislative action demonstrates a clear commitment to upholding the spirit of the MA63 and ensuring that Sabah is treated as an equal partner in Malaysia. Affirming Sabah's Status While it is technically accurate say that Sabah is one of the 13 states, it fails to acknowledge the profound historical and constitutional context that sets Sabah apart. The Malaysia Agreement 1963 and subsequent constitutional provisions, reinforced by the recent Constitution (Amendment) Act 2022, unequivocally establish Sabah as an equal partner in Malaysia. It is imperative to recognize and uphold this status, ensuring that Sabah's rights and autonomy are preserved and respected. To do otherwise is to undermine the very foundation upon which Malaysia was built. Sabah is not merely a state, but an equal partner in the Malaysian federation. The views expressed here are the views of the writer and do not necessarily reflect those of the Daily Express. If you have something to share, write to us at: [email protected]
