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Proposed 2019 amendment to the Constitution of Malaysia

From Wikipedia, the free encyclopedia

Constitution (Amendment) Bill 2019
Parliament of Malaysia
  • A Bill intituled an Act to amend the Federal Constitution.
Territorial extentMalaysia
Considered byDewan Rakyat
Legislative history
Bill citationD.R 7/2019
Introduced byLiew Vui Keong
First reading4 April 2019
Second reading9 April 2019 (negatived)
Amends
Constitution of Malaysia
Related legislation
Constitution (Amendment) Act 1976
Summary
To restore the constitutional status ofSabah andSarawak according to theMalaysia Agreement.
Status: Not passed
Part ofa series on the
History ofMalaysia
Les isles de la Sonde, entre lesquelles sont Sumatra, Iava, Borneo, &c / par le Sr. Sanson d'Abbeville geographe du roy ; A. Peyrounin sculp
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flagMalaysia portal

On 4 April 2019, abill proposing anamendment to theConstitution of Malaysia wastabled in theDewan Rakyat of theParliament of Malaysia. The bill proposes toamend Article 1(2) so as to restore the status of the twoEast Malaysian states ofSabah andSarawak according to the original content ofMalaysia Agreement that was signed in 1963.[1][2][3]

Despite six hours of debate in the Parliament during the second reading of the bill on 9 April,[4][5] only 138MPs supported the bill, 10 votes short of the two-thirds majority of the chamber, 148 votes, required for amendments to the Constitution. The remaining 59 (non-absent) votes were abstentions, all of which are fromopposition parties.[6][7][8][9]

Background

[edit]

1976 constitutional amendment

[edit]

In 1976, under the Malaysian government, Article 1(2) was amended as part of a larger package affecting 45 articles and 2 schedules in theConstitution of Malaysia. This package removed the distinction between the states in Peninsular Malaysia and the Bornean states of Sabah and Sarawak. It was argued, at the time, that the change would lead to greater uniformity between the eastern and western regions of Malaysia. As a result of some political maneuvering by the government , no MPs from Sabah or Sarawak opposed this amendment package.[10]

Breaches of the Malaysia Agreement

[edit]
A "Sarawak for Sarawakians" car sticker incorporating elements of a pre-Malaysian Sarawak flag.

The 1963Malaysia Agreement, under which Sabah and Sarawak unified withMalaya to become Malaysia, included strong provisions for the autonomy of Sabah and Sarawak (see the18-point and20-point agreement). However, this autonomy has eroded in numerous aspects, such as a smaller share of oil revenue than previously agreed and a reduction in the territorial waters that belonged to each state. Following their victory in the 2018 election, the Pakatan Harapan alliance promised to make changes including an amendment to Article 1(2) and a greater share of oil revenue.[2][3][11][12][13] Other causes of dispute between East and West Malaysia includefreedom of religion,[14] distribution of profits fromnatural resources,[15][16] anddemographic change (particularly in Sabah).[17][18][19][20]

Prior to 2010, the anniversary of Federation was a public holiday in only the East Malaysian states, but it was later made a national holiday by the government in response to an opposition statement declaring their intention to do so if they won an election.[21] Some groups, including the Borneo Heritage Foundation (BHF), Movement for Change Sarawak (MoCS), and the Sarawak Association of People's Aspirations (SAPA), have cited these issues, among others, as reasons for advocatingseparation from Malaysia.[14][22][23]

1963 Malaysia Agreement (MA63)
Authority of
Sabah
Sarawak
MA63 as agreed between
United Kingdom,Malaya,North Borneo,Sarawak,Singapore
Current situation under
Malaysia
DevelopmentBritish delegation promised both states a total of£1½ million a year for five years afterMalaysia Day, provided theMalayan government also extended aid for that period.[24] Malaya would provide$200 million toNorth Borneo and $300 million toSarawak for the first five years of Malaysia,[25] whileSingapore would provide a $150 million development loan to North Borneo and Sarawak, of which $100 million would be interest-free for five years[26][27]Sabah:RM5 billion per year[28][29]
Sarawak: RM4.3 billion per year[29]
[30][31][32][33]
EducationRights to own education system[note 1]Malaysia standardised education system
(Dilapidated schools and frequent misinformation in history textbooks for bothSabah andSarawak history)[34][35][36]
ImmigrationControl immigration entry[note 2]Controlled immigration entry viapermit[37][38]
(Sabah:Southern Filipino refugees fleeing thecivil war were issued IMM13 documents by the Federal government, instead of the Sabahan state government, leading to a situation whereby the refugees, and their families who had settled in Sabah, could not be stripped of their IMM13 without rendering them stateless as the Philippine government did not recognise them as citizens)[39][40]
LanguageEnglish as the official language[note 3]Sabah:Malay is amended as official language through the controversial 1973 State Constitution[41][42]
Sarawak: Both Malay and English are official language as of 2015[43]
(Malay is also used in all courts except High Court and Native Court)
LawAuthority to agree/disagree to amend law[note 4]Recognised as state underMalaysian laws with the exclusion of certain laws (e.g.National Land Code)
(Frequent reported conflicts with federal government regardingindigenous land rights)[44][45]
Natural resourcesNorth Borneo: 40% of the state revenue[46]
Sarawak: Up to RM21 million for the first four years
(Both North Borneo and Sarawak retain import duty,excise duty and export duty with North Borneo retain a total of 30% from customs and excise for as long it is responsible for health and medical expenditure)[note 5]
In 1966, the Continental Shelf Act was enforced by the federal government on the two despite both had already extended their jurisdiction over thecontinental shelf adjacent to their territory.[47] Further in 1974, the Petroleum Development Act was enforced on the two, giving them only 5% of oil royalty from therevenue[48][49][50]
ReligionNo official religion[note 6]Sabah:Islam is amended as official religion through the controversial 1973 State Constitution[41][42][51]
Sarawak: No official religion (Updated in state government website as of 2015.[52] In 2018, Sarawak began to allowconverts torenounce Islam if they already wish so without the need to keep forcing them to stay in the religion)[53]
(Frequent cases of Sabahan and Sarawakians non-Muslims identified as Muslims,[54][55] Muslims who wish to convert out of Islam are being prevented as well the rampant religious intolerance and conversion of non-Muslims students in schools without their parents consent.[56] In July 2006, statemufti of Sabah issued afatwa to an ongoingTaoist statue project where a stop-work order was then being imposed by the state government on the construction ofMazu (Goddess of the Sea) statue inKudat District.[57][58] Further in April 2007, a local businesswoman loan application was rejected because herunisex styling business was in conflict with Islam)[58]
See also:1962 Inter-Governmental Committee (IGC) Report and1963 Malaysia Agreement

Inter-governmental negotiations

[edit]
Part of the
Formation of Malaysia
Events
Malaysia Bill
Cobbold Commission
 • 18-point agreement
 • 20-point agreement
Singaporean referendum
Sarawak communist insurgency
North Borneo dispute
 • Cross border attacks in Sabah
 • Moro conflict
 • Piracy in Sulu and Celebes
Brunei revolt
 • North Borneo Federation
Konfrontasi
Manila Accord
Maphilindo
Sarawak Self-governance
Malaysia Act 1963
North Borneo Self-governance
Proclamation of Malaysia
Operation Claret
1964 race riots in Singapore
MacDonald House bombing
PAP–UMNO relations
Proclamation of Singapore
UN Security Council Resolution 213
Singapore Agreement
South Thailand insurgency
Double Six Tragedy
Pedra Branca dispute
2019 failed constitutional amendment
2021 constitutional amendment
flagMalaysia portal

In October 2009, the then Prime MinisterNajib Razak declared thatMalaysia Day would become a national holiday with the intent of promoting unity between West and East Malaysia.[21][59] On the Malaysia Day following his victory in the2018 general election, Prime MinisterMahathir Mohamad announced a commitment to restore Sabah and Sarawak as equal partners to Western Peninsula after a review of the 1963 Malaysia Agreement.[60][61] That year, thePrime Minister's Department published a special article regarding the formation of the country.[62]

On 5 March 2019, a meeting was held between Prime Minister Mahathir and representatives from the Sabah and Sarawak governments. Neither party identified any significant items of dispute with regards to the 1963 agreement. Items that were not resolved, such asstamp duty were to be referred to a Technical Review for detailed assessment.[63] Although some issues were unresolved, Minister of Law in the Prime Minister's DepartmentLiew Vui Keong announced on 8 March that thecabinet had agreed to amend Article 1(2) of the Federal Constitution and that the amendment will be tabled for the next sitting of Parliament on 11 March.[64] On 11 March, the sitting of Parliament began with the amendment being the primary focus of discussion.[65]

On 2 April, Minister Liew announced that the federal government would table the amendment at the Parliamentary meeting, scheduled for the following week.[66]

Dewan Rakyat debate

[edit]

First reading

[edit]
Bill for the Amendment of the Article (1) 2 of the Constitution of Malaysia, p 1
Bill for the Amendment of the Article (1) 2 of the Constitution of Malaysia, p 2
(Left) A copy of the bill on the proposed amendment as retrieved on 4 April 2019. Article 1 (2) as it stands now, reads: "The States of the Federation shall beJohore,Kedah,Kelantan,Malacca,Negeri Sembilan,Pahang,Penang,Perak,Perlis, Sabah, Sarawak,Selangor andTerengganu".[67]
(Right) The bill explanatory statement.[67][68]

On 4 April, before the amendment could be tabled for its first reading by Minister Liew, a number ofopposition MPs from Sabah and Sarawak raised significant concerns that the proposed amendment was being pushed through without adequate consultation with East Malaysian MPs on the draft contents.[67] Minister Liew responded with a statement in Parliament that the amendment would effectively change the status of Sabah and Sarawak from state into territory, once the committee completed their review of the 1963 agreement.[69]

In his statement, Liew also explained that the special committee was chaired by Prime Minister Mahathir, along with theChief Ministers of Sabah and Sarawak, theAttorney Generals and other high-ranking officers. However, he did not clarify why the bill should be passed before other separate amendments, which would promote greater autonomy of the two entities, were implemented.[69] Despite the review and meetings, the bill was opposed after the reading,[70] with one opposition MP,Sim Kui Hian of theSarawak United Peoples' Party (SUPP) who voted against the bill, stating in an interview that the amendment retained Sarawak as one of the 13 states of Malaysia rather than equal partner. He also stated that there was no amendment toArticle 160 of the constitution regarding the definition of "Federation", which should be based on the Malaysia Agreement of 1963 instead of the Malaya Agreement of 1957.[71] Other opposition MPs also followed suit demanding the bill be temporary retracted.[72]

Second reading

[edit]
The bill redefinition as announced byMinister in the Prime Minister's Department for Legal Affairs,Liew Vui Keong on 8 April 2019 for the amendment as according to the original 1963 agreement with the exclusion ofSingapore which haveleaving the federation in 1965.[73]

On 8 April, Minister Liew stated that the wording of the bill would follow the 1963 version of Article 1(2) of the Constitution. The minister also stated that he received no opposition from the Prime Minister or the federal Attorney General.[73][74] However, despite these changes,[75]Fadillah Yusof, Chief Whip of theSarawak Parties Coalition (GPS), stood firm on a request that the bill be temporarily withdrawn, or referred to a select committee, for further discussion.[76]

In a speech on 9 April, during the second reading of the bill, Prime Minister Mahathir stated that the amendment was a "starting point and [this] is an appropriate time for thePakatan Harapan (PH) government to take the first step in realising the needs of the people in Sabah and Sarawak in line with the Malaysia Agreement 1963".[77]People's Justice Party (PKR) PresidentAnwar Ibrahim concurred saying the matter had undergone extensive debate and that the concerns of the people of Sabah and Sarawak were being addressed by the PH administration. He also stated that restoration of the two states was a meaningful step being undertaken by the PH government, compared to the half century of inaction by the previous Barisan Nasional government, and should not be opposed.[4][78]

In response to a question from Ketereh MP Tan Sri Annuar Musa concerning the necessity of having a select committee review the bill, Sabah Chief MinisterShafie Apdal agreed that such a review was unnecessary and would only delay other amendments that would restore other aspects of the 1963 agreement. He also refuted claims that passing of the bill would result in an "erosion of nationhood among the people of Sabah and Sarawak".[79]

Division result

[edit]

At 10:20 pmlocal time, the chamberdivided.[80] Of the 197 MPs present, 138 voted in support for the amendment while 59, primarily members of theBarisan Nasional coalition, did not cast a vote.[5][6] The bill was put up for voting by SpeakerMohamad Ariff Md Yusof after a day-long debate with no MPs from either side actually opposing the restoration bill.[4][9]

Votes by each MP mapped onto their respective constituencies.
Constitution (Amendment) Bill 2019: second reading division result
No.NameParty (coalition)ConstituencyState
Supported (138)[81]
1Abdul Latiff AhmadMalaysian United Indigenous Party (Pakatan Harapan)MersingJohor
2Abdul Rahim BakriMalaysian United Indigenous Party (Pakatan Harapan)KudatSabah
3Abdullah Sani Abdul HamidPeople's Justice Party (Pakatan Harapan)KaparSelangor
4Ahmad Faizal AzumuMalaysian United Indigenous Party (Pakatan Harapan)TambunPerak
5Ahmad HassanSabah Heritage PartyPaparSabah
6Akmal Nasrullah NasirPeople's Justice Party (Pakatan Harapan)Johor BahruJohor
7Ali BijuPeople's Justice Party (Pakatan Harapan)SaratokSarawak
8Alice Lau Kiong YiengDemocratic Action Party (Pakatan Harapan)LanangSarawak
9Amiruddin HamzahMalaysian United Indigenous Party (Pakatan Harapan)Kubang PasuKedah
10Anifah AmanIndependentKimanisSabah
11Anthony Loke Siew FookDemocratic Action Party (Pakatan Harapan)SerembanNegeri Sembilan
12Anuar TahirNational Trust Party (Pakatan Harapan)TemerlohPahang
13Anwar IbrahimPeople's Justice Party (Pakatan Harapan)Port DicksonNegeri Sembilan
14Arthur Joseph KurupUnited Sabah People's Party (Gabungan Bersatu Sabah)PensianganSabah
15Awang Husaini SahariPeople's Justice Party (Pakatan Harapan)PutatanSabah
16Azis JammanSabah Heritage PartySepanggarSabah
17Azizah DunMalaysian United Indigenous Party (Pakatan Harapan)BeaufortSabah
18Azman IsmailPeople's Justice Party (Pakatan Harapan)Kuala KedahKedah
19Baru BianPeople's Justice Party (Pakatan Harapan)SelangauSarawak
20Cha Kee ChinDemocratic Action Party (Pakatan Harapan)RasahNegeri Sembilan
21Chan Foong HinDemocratic Action Party (Pakatan Harapan)Kota KinabaluSabah
22Chan Ming KaiPeople's Justice Party (Pakatan Harapan)Alor SetarKedah
23Chang Lih KangPeople's Justice Party (Pakatan Harapan)Tanjong MalimPerak
24Charles SantiagoDemocratic Action Party (Pakatan Harapan)KlangSelangor
25Chong Chieng JenDemocratic Action Party (Pakatan Harapan)StampinSarawak
26Chow Kon YeowDemocratic Action Party (Pakatan Harapan)TanjongPenang
27Christina Liew Chin JinPeople's Justice Party (Pakatan Harapan)TawauSabah
28Darell LeikingSabah Heritage PartyPenampangSabah
29Dzulkefly AhmadNational Trust Party (Pakatan Harapan)Kuala SelangorSelangor
30Eddin Syazlee ShithMalaysian United Indigenous Party (Pakatan Harapan)Kuala PilahNegeri Sembilan
31Edmund SantharaPeople's Justice Party (Pakatan Harapan)SegamatJohor
32Fahmi FadzilPeople's Justice Party (Pakatan Harapan)Lembah PantaiKuala Lumpur
33Farid RafikMalaysian United Indigenous Party (Pakatan Harapan)Tanjung PiaiJohor
34Fasiah FakehMalaysian United Indigenous Party (Pakatan Harapan)Sabak BernamSelangor
35Fong Kui LunDemocratic Action Party (Pakatan Harapan)Bukit BintangKuala Lumpur
36Fuziah SallehPeople's Justice Party (Pakatan Harapan)KuantanPahang
37Gobind Singh DeoDemocratic Action Party (Pakatan Harapan)PuchongSelangor
38Hamzah ZainudinMalaysian United Indigenous Party (Pakatan Harapan)LarutPerak
39Hannah Yeoh Tseow SuanDemocratic Action Party (Pakatan Harapan)SegambutKuala Lumpur
40Hasan BahromNational Trust Party (Pakatan Harapan)TampinNegeri Sembilan
41Hasanuddin YunusNational Trust Party (Pakatan Harapan)Hulu LangatSelangor
42Hassan Abdul KarimPeople's Justice Party (Pakatan Harapan)Pasir GudangJohor
43Hatta RamliNational Trust Party (Pakatan Harapan)LumutPerak
44Ikmal Hisham Abdul AzizMalaysian United Indigenous Party (Pakatan Harapan)Tanah MerahKelantan
45Isnaraissah Munirah MajilisSabah Heritage PartyKota BeludSabah
46Jeffrey KitinganHomeland Solidarity Party (Gabungan Bersatu Sabah)KeningauSabah
47Johari AbdulPeople's Justice Party (Pakatan Harapan)Sungai PetaniKedah
48Jonathan YasinPeople's Justice Party (Pakatan Harapan)RanauSabah
49Jugah MuyangPeople's Justice Party (Pakatan Harapan)Lubok AntuSarawak
50June Leow Hsiad HuiPeople's Justice Party (Pakatan Harapan)Hulu SelangorSelangor
51Kamarudin JaffarPeople's Justice Party (Pakatan Harapan)Bandar Tun RazakKuala Lumpur
52Karuppaiya MuthusamyPeople's Justice Party (Pakatan Harapan)Padang SeraiKedah
53Kasthuriraani PattoDemocratic Action Party (Pakatan Harapan)Batu KawanPenang
54Kelvin Yii Lee WuenDemocratic Action Party (Pakatan Harapan)Bandar KuchingSarawak
55Kesavan SubramaniamPeople's Justice Party (Pakatan Harapan)Sungai SiputPerak
56Khalid Abdul SamadNational Trust Party (Pakatan Harapan)Shah AlamSelangor
57Khoo Poay TiongDemocratic Action Party (Pakatan Harapan)Kota MelakaMalacca
58Larry Sng Wei ShienPeople's Justice Party (Pakatan Harapan)JulauSarawak
59Lee Boon ChyePeople's Justice Party (Pakatan Harapan)GopengPerak
60Liew Vui KeongSabah Heritage PartyBatu SapiSabah
61Lim Guan EngDemocratic Action Party (Pakatan Harapan)BaganPenang
62Lim Kit SiangDemocratic Action Party (Pakatan Harapan)Iskandar PuteriJohor
63Lim Lip EngDemocratic Action Party (Pakatan Harapan)KepongKuala Lumpur
64M. KulasegaranDemocratic Action Party (Pakatan Harapan)Ipoh BaratPerak
65Ma'mun SulaimanSabah Heritage PartyKalabakanSabah
66Mahathir MohamadMalaysian United Indigenous Party (Pakatan Harapan)LangkawiKedah
67Mahfuz OmarNational Trust Party (Pakatan Harapan)Pokok SenaKedah
68Mansor OthmanPeople's Justice Party (Pakatan Harapan)Nibong TebalPenang
69Maria Chin AbdullahIndependentPetaling JayaSelangor
70Mas Ermieyati SamsudinMalaysian United Indigenous Party (Pakatan Harapan)Masjid TanahMalacca
71Maximus OngkiliUnited Sabah Party (Gabungan Bersatu Sabah)Kota MaruduSabah
72Michael Teo Yu KengPeople's Justice Party (Pakatan Harapan)MiriSarawak
73Mohamad SabuNational Trust Party (Pakatan Harapan)Kota RajaSelangor
74Mohamed Azmin AliPeople's Justice Party (Pakatan Harapan)GombakSelangor
75Mohamed Hanipa MaidinNational Trust Party (Pakatan Harapan)SepangSelangor
76Mohammadin KetapiSabah Heritage PartySilamSabah
77Mordi BimolDemocratic Action Party (Pakatan Harapan)Mas GadingSarawak
78Muhammad Bakhtiar Wan ChikPeople's Justice Party (Pakatan Harapan)Balik PulauPenang
79Muhyiddin YassinMalaysian United Indigenous Party (Pakatan Harapan)PagohJohor
80Mujahid Yusof RawaNational Trust Party (Pakatan Harapan)Parit BuntarPerak
81Mukhriz MahathirMalaysian United Indigenous Party (Pakatan Harapan)JerlunKedah
82Mustapa MohamedMalaysian United Indigenous Party (Pakatan Harapan)JeliKelantan
83Natrah IsmailPeople's Justice Party (Pakatan Harapan)SekijangJohor
84Nga Kor MingDemocratic Action Party (Pakatan Harapan)Teluk IntanPerak
85Ngeh Koo HamDemocratic Action Party (Pakatan Harapan)BeruasPerak
86Nik Nazmi Nik AhmadPeople's Justice Party (Pakatan Harapan)SetiawangsaKuala Lumpur
87Noor Azmi GhazaliMalaysian United Indigenous Party (Pakatan Harapan)Bagan SeraiPerak
88Noorita SualDemocratic Action Party (Pakatan Harapan)TenomSabah
89Nor Azrina SuripPeople's Justice Party (Pakatan Harapan)MerbokKedah
90Nurul Izzah AnwarPeople's Justice Party (Pakatan Harapan)Permatang PauhPenang
91Ong Kian MingDemocratic Action Party (Pakatan Harapan)BangiSelangor
92Oscar Ling Chai YewDemocratic Action Party (Pakatan Harapan)SibuSarawak
93Pang Hok LiongDemocratic Action Party (Pakatan Harapan)LabisJohor
94P. PrabakaranPeople's Justice Party (Pakatan Harapan)BatuKuala Lumpur
95R. SivarasaPeople's Justice Party (Pakatan Harapan)Sungai BulohSelangor
96Ramkarpal SinghDemocratic Action Party (Pakatan Harapan)Bukit GelugorPenang
97Rashid HasnonPeople's Justice Party (Pakatan Harapan)Batu PahatJohor
98Redzuan YusofMalaysian United Indigenous Party (Pakatan Harapan)Alor GajahMalacca
99Rina HarunMalaysian United Indigenous Party (Pakatan Harapan)TitiwangsaKuala Lumpur
100Ronald KiandeeMalaysian United Indigenous Party (Pakatan Harapan)BeluranSabah
101Rosol WahidMalaysian United Indigenous Party (Pakatan Harapan)Hulu TerengganuTerengganu
102Rozman IsliSabah Heritage PartyLabuanLabuan
103Rusnah AluaiPeople's Justice Party (Pakatan Harapan)Tangga BatuMalacca
104Sanisvara NethajiDemocratic Action Party (Pakatan Harapan)JelutongPenang
105Saifuddin AbdullahPeople's Justice Party (Pakatan Harapan)Indera MahkotaPahang
106Saifuddin Nasution IsmailPeople's Justice Party (Pakatan Harapan)Kulim-Bandar BaharuKedah
107Salahuddin AyubNational Trust Party (Pakatan Harapan)PulaiJohor
108Shabudin YahayaMalaysian United Indigenous Party (Pakatan Harapan)Tasek GelugorPenang
109Shafie ApdalSabah Heritage PartySempornaSabah
110Shahruddin SallehMalaysian United Indigenous Party (Pakatan Harapan)Sri GadingJohor
111Sim Tze TzinPeople's Justice Party (Pakatan Harapan)Bayan BaruPenang
112Steven Choong Shiau YoonPeople's Justice Party (Pakatan Harapan)TebrauJohor
113Steven Sim Chee KeongDemocratic Action Party (Pakatan Harapan)Bukit MertajamPenang
114Su Keong SiongDemocratic Action Party (Pakatan Harapan)KamparPerak
115Syed Ibrahim Syed NohPeople's Justice Party (Pakatan Harapan)LedangJohor
116Syed Saddiq Syed Abdul RahmanMalaysian United Indigenous Party (Pakatan Harapan)MuarJohor
117Tan Kok WaiDemocratic Action Party (Pakatan Harapan)CherasKuala Lumpur
118Tan Yee KewPeople's Justice Party (Pakatan Harapan)Wangsa MajuKuala Lumpur
119Teh Kok LimDemocratic Action Party (Pakatan Harapan)TaipingPerak
120Tengku Zulpuri Shah Raja PujiDemocratic Action Party (Pakatan Harapan)RaubPahang
121Teo Nie ChingDemocratic Action Party (Pakatan Harapan)KulaiJohor
122Teresa Kok Suh SimDemocratic Action Party (Pakatan Harapan)SeputehKuala Lumpur
123Tony Pua Kiam WeeDemocratic Action Party (Pakatan Harapan)DamansaraSelangor
124V. SivakumarDemocratic Action Party (Pakatan Harapan)Batu GajahPerak
125Wan Azizah Wan IsmailPeople's Justice Party (Pakatan Harapan)PandanSelangor
126Wilfred Madius TangauUnited Pasokmomogun Kadazandusun Murut OrganisationTuaranSabah
127William Leong Jee KeenPeople's Justice Party (Pakatan Harapan)SelayangSelangor
128Willie MonginPeople's Justice Party (Pakatan Harapan)Puncak BorneoSarawak
129Wong ChenPeople's Justice Party (Pakatan Harapan)SubangSelangor
130Wong Hon WaiDemocratic Action Party (Pakatan Harapan)Bukit BenderaPenang
131Wong Kah WohDemocratic Action Party (Pakatan Harapan)Ipoh TimorPerak
132Wong Ling BiuDemocratic Action Party (Pakatan Harapan)SarikeiSarawak
133Wong Shu QiDemocratic Action Party (Pakatan Harapan)KluangJohor
134Wong TackDemocratic Action Party (Pakatan Harapan)BentongPahang
135Xavier Jayakumar ArulanandamPeople's Justice Party (Pakatan Harapan)Kuala LangatSelangor
136Yeo Bee YinDemocratic Action Party (Pakatan Harapan)BakriJohor
137Zakaria EdrisMalaysian United Indigenous Party (Pakatan Harapan)LibaranSabah
138Zuraida KamaruddinPeople's Justice Party (Pakatan Harapan)AmpangSelangor
Abstained (59)[82]
1Aaron Ago DagangSarawak Peoples' Party (Gabungan Parti Sarawak)KanowitSarawak
2Abdul Azeez Abdul RahimUnited Malays National Organisation (Barisan Nasional)BalingKedah
3Abdul Latiff Abdul RahmanPan-Malaysian Islamic Party (Gagasan Sejahtera)Kuala KraiKelantan
4Adham BabaUnited Malays National Organisation (Barisan Nasional)TenggaraJohor
5Ahmad Amzad HashimPan-Malaysian Islamic Party (Gagasan Sejahtera)Kuala TerengganuTerengganu
6Ahmad Fadhli ShaariPan-Malaysian Islamic Party (Gagasan Sejahtera)Pasir MasKelantan
7Ahmad Johnie ZawawiUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)IganSarawak
8Ahmad MaslanUnited Malays National Organisation (Barisan Nasional)PontianJohor
9Ahmad Marzuk ShaaryPan-Malaysian Islamic Party (Gagasan Sejahtera)Pengkalan ChepaKelantan
10Ahmad Tarmizi SulaimanPan-Malaysian Islamic Party (Gagasan Sejahtera)SikKedah
11Alexander Nanta LinggiUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)KapitSarawak
12Annuar MusaUnited Malays National Organisation (Barisan Nasional)KeterehKelantan
13Anyi NgauProgressive Democratic Party (Gabungan Parti Sarawak)BaramSarawak
14Awang HashimPan-Malaysian Islamic Party (Gagasan Sejahtera)PendangKedah
15Bung Moktar RadinUnited Malays National Organisation (Barisan Nasional)KinabatanganSabah
16Che Abdullah Mat NawiPan-Malaysian Islamic Party (Gagasan Sejahtera)TumpatKelantan
17Che Alias HamidPan-Malaysian Islamic Party (Gagasan Sejahtera)KemamanTerengganu
18Fadillah YusofUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)Petra JayaSarawak
19Halimah Mohamed SadiqueUnited Malays National Organisation (Barisan Nasional)Kota TinggiJohor
20Hanifah Hajar TaibUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)MukahSarawak
21Hasbi HabibollahUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)LimbangSarawak
22Hasbullah OsmanUnited Malays National Organisation (Barisan Nasional)GerikPerak
23Henry Sum AgongUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)LawasSarawak
24Ismail MuttalibUnited Malays National Organisation (Barisan Nasional)MaranPahang
25Ismail Sabri YaakobUnited Malays National Organisation (Barisan Nasional)BeraPahang
26Jalaluddin AliasUnited Malays National Organisation (Barisan Nasional)JelebuNegeri Sembilan
27Ahmad Jazlan YaakubUnited Malays National Organisation (Barisan Nasional)MachangKelantan
28Khairuddin Aman RazaliPan-Malaysian Islamic Party (Gagasan Sejahtera)Kuala NerusTerengganu
29Lukanisman Awang SauniUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)SibutiSarawak
30M. SaravananMalaysian Indian Congress (Barisan Nasional)TapahPerak
31Mahdzir KhalidUnited Malays National Organisation (Barisan Nasional)Padang TerapKedah
32Masir KujatSarawak United Party (Gabungan Parti Sarawak)Sri AmanSarawak
33Mastura YazidUnited Malays National Organisation (Barisan Nasional)Kuala KangsarPerak
34Nancy ShukriUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)Batang SadongSarawak
35Nik Abduh Nik Abdul AzizPan-Malaysian Islamic Party (Gagasan Sejahtera)BachokKelantan
36Nik Muhammad Zawawi SallehPan-Malaysian Islamic Party (Gagasan Sejahtera)Pasir PutehKelantan
37Nizar ZakariaUnited Malays National Organisation (Barisan Nasional)ParitPerak
38Noh OmarUnited Malays National Organisation (Barisan Nasional)Tanjong KarangSelangor
39Noraini AhmadUnited Malays National Organisation (Barisan Nasional)Parit SulongJohor
40Ramli NorUnited Malays National Organisation (Barisan Nasional)Cameron HighlandsPahang
41Richard Riot JaemSarawak United Peoples' Party (Gabungan Parti Sarawak)SerianSarawak
42Robert Lawson ChuatUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)BetongSarawak
43Rohani Abdul KarimUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)Batang LuparSarawak
44Rubiah WangUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)Kota SamarahanSarawak
45Sabri AzitPan-Malaysian Islamic Party (Gagasan Sejahtera)JeraiKedah
46Salim SharifUnited Malays National Organisation (Barisan Nasional)JempolNegeri Sembilan
47Mohd Shahar AbdullahUnited Malays National Organisation (Barisan Nasional)Paya BesarPahang
48Shaharizukirnain Abdul KadirPan-Malaysian Islamic Party (Gagasan Sejahtera)SetiuTerengganu
49Shahidan KassimUnited Malays National Organisation (Barisan Nasional)ArauPerlis
50Shamsul Anuar NasarahUnited Malays National Organisation (Barisan Nasional)LenggongPerak
51Takiyuddin HassanPan-Malaysian Islamic Party (Gagasan Sejahtera)Kota BharuKelantan
52Tiong King SingProgressive Democratic Party (Gabungan Parti Sarawak)BintuluSarawak
53Tuan IbrahimPan-Malaysian Islamic Party (Gagasan Sejahtera)Kubang KerianKelantan
54Wan Hassan RamliPan-Malaysian Islamic Party (Gagasan Sejahtera)DungunTerengganu
55Wan JunaidiUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)SantubongSarawak
56Wee Ka SiongMalaysian Chinese Association (Barisan Nasional)Ayer HitamJohor
57Wilson Ugak KumbongSarawak People's Party (Gabungan Parti Sarawak)Hulu RajangSarawak
58Yusuf Abdul WahabUnited Bumiputera Heritage Party (Gabungan Parti Sarawak)Tanjong ManisSarawak
59Siti Zailah YusoffPan-Malaysian Islamic Party (Gagasan Sejahtera)Rantau PanjangKelantan
Did not participate (8)[83][84]
1Ahmad HamzahUnited Malays National Organisation (Barisan Nasional)JasinMalacca
2Hasan ArifinUnited Malays National Organisation (Barisan Nasional)RompinPahang
3Hishammuddin HusseinUnited Malays National Organisation (Barisan Nasional)SembrongJohor
4Reezal Merican Naina MericanUnited Malays National Organisation (Barisan Nasional)Kepala BatasPenang
5Tajuddin Abdul RahmanUnited Malays National Organisation (Barisan Nasional)Pasir SalakPerak
6Tengku AdnanUnited Malays National Organisation (Barisan Nasional)PutrajayaPutrajaya
7Tengku Razaleigh HamzahUnited Malays National Organisation (Barisan Nasional)Gua MusangKelantan
8Zahidi Zainul AbidinUnited Malays National Organisation (Barisan Nasional)Padang BesarPerlis
Absent (16)[83][84]
1Abdul Hadi AwangPan-Malaysian Islamic Party (Gagasan Sejahtera)MarangTerengganu
2Abdul Rahman MohamadUnited Malays National Organisation (Barisan Nasional)LipisPahang
3Syed Abu Hussin HafizIndependentBukit GantangPerak
4Ahmad Nazlan IdrisUnited Malays National Organisation (Barisan Nasional)JerantutPahang
5Ahmad Zahid HamidiUnited Malays National Organisation (Barisan Nasional)Bagan DatokPerak
6Azalina Othman SaidUnited Malays National Organisation (Barisan Nasional)PengerangJohor
7Idris JusohUnited Malays National Organisation (Barisan Nasional)BesutTerengganu
8Ismail Mohamed SaidUnited Malays National Organisation (Barisan Nasional)Kuala KrauPahang
9Khairy JamaluddinUnited Malays National Organisation (Barisan Nasional)RembauNegeri Sembilan
10Maszlee MalikMalaysian United Indigenous Party (Pakatan Harapan)Simpang RenggamJohor
11Muslimin YahayaMalaysian United Indigenous Party (Pakatan Harapan)Sungai BesarSelangor
12Najib RazakUnited Malays National Organisation (Barisan Nasional)PekanPahang
13Nazri AzizUnited Malays National Organisation (Barisan Nasional)Padang RengasPerak
14Noor Amin AhmadPeople's Justice Party (Pakatan Harapan)KangarPerlis
15Shamsul IskandarPeople's Justice Party (Pakatan Harapan)Hang Tuah JayaMalacca
16Yamani Hafez MusaUnited Malays National Organisation (Barisan Nasional)SipitangSabah
Vacant (1)
1Vacant[85]SandakanSabah
Source:Division result from an unspecified article onMalaysiakini viaReddit

A separate motion bySantubong MP,Wan Junaidi Tuanku Jaafar, for the bill to be submitted to a special committee of Parliament for a review was supported by only 60 MPs and opposed by 136 MPs. The full sitting of parliament was one MP short asWong Tien Fatt had died from a heart attack a week prior to the vote.[7][9] As the bill had failed to reach the required two-thirds majority, it would not get a third reading in Parliament. Despite this, PKR PresidentAnwar Ibrahim said that he was satisfied with the show of support from government MPs and their coalition allies.[6] Prime Minister Mahathir said that, despite the failure of the bill to pass, he did not expect future efforts at amending the constitution to fail. He also stated that, in response to a request byPontian MPAhmad Maslan, there was no need to refer the amendment to theConference of Rulers for review as it was not within their remit, but there would be no opposition from the government if members of parliament sought the formation of a select committee to review the 1963 agreement.[4][9][86]

Domestic response

[edit]

Following the commitment shown by Prime Minister Mahathir, and responding to the need for review, Sabah Social Activist Patrick Sindu suggested that the steering committee set up to review the 1963 agreement should also invite theBritish government for feedback considering they were party to the original agreement.[87] Sarawak Assistant Minister of Law, State-Federal Relations and Project MonitoringSharifah Hasidah Sayeed Aman Ghazali pointed out that any review of the 1963 agreement should be aimed at remedying any violation of the terms, spirit and intent of the formation of the Federation of Malaysia.[88] Both the Sabah Council of Churches (SCC) and the Association of Churches in Sarawak (ACS) have called for a full restoration of religious freedom.[89][90][91]

The President of the Sabah Law Society Brenndon Keith Soh issued a statement saying that legal action could be taken against the federal government if it fails to fully implement the 1963 agreement.[92][93] Arnold Puyok, a commenter on Sabah and Sarawak affairs, stressed that the restoration of the territorial status of Sabah and Sarawak should be viewed from a perspective that encompasses Malaysianfederalism, and not with a bias towards either Sabah or Sarawak.[94] Sabah Sarawak Rights-Australia New Zealand Incorporation (SSRANZ) President Robert Pei pointed to parallels between the issues surrounding the 1963 agreement and those that arose during the decolonisation ofMauritius in 1968 when the island nationchallenged the validity of the 1965 Agreement with theUnited Kingdom removing theChagos Archipelago from Mauritian control. According to Pei, the 1963 agreement was invalid from inception as, per a judgement by the International Court of Justice (ICJ), Sabah and Sarawak were both still British colonies, and not sovereign nations, at the time and thus had no power to sign treaties.[95]

Malaysian Chinese Association (MCA) Sabah Women Chief Pamela Yong said that she doubted the "sincerity" of the federal government and perceived it as a move to temporarily placate discontented residents of the two states.[96]State Reform Party (STAR Sarawak) President Lina Soo,[97]Homeland Solidarity Party (STAR Sabah) President, and MP,Jeffrey Kitingan as well asNancy Shukri of theUnited Bumiputera Heritage Party (PBB) of Sarawak all issued statements cautioning against rushing the bill and have strongly emphasised the need for a complete review. Dr Kitingan expressed concerns that the amendment was "shrouded in secrecy", while MP Nancy Shukri is one of many voices urging the government to release a draft to them.[98][99] The Sarawak committee that is acting as consultants on the negotiations have stated they will refrain from commenting until they have been provided with the contents of the bill.[100]

Chief Minister of Sabah,Shafie Apdal, said that once the amendment was passed, Sabah would consider dropping the word "state" from official documents,[101] where as Chief Minister of Sarawak,Abang Abdul Rahman Zohari, said that the word "state" would be dropped completely.[102] Former SabahPan-Malaysian Islamic Party (PAS) Deputy Commissioner, and lawyer, Hamid Ismail responded to these statements by claiming that such actions would violate the 1963 agreement.[103]United Sabah Party (PBS) Youth Chief Christopher Mandut countered this claim, instead arguing that the use of the word "state" was an inexact translation of "negeri" as used in the modern political sense. He citedGermany andItaly as examples of states that were not "negeri" but were nonetheless referred to as "states" in the sovereign sense.[104] STAR Sarawak President Lina Soo also issued a statement to this effect, saying that "Borneo States" differs from "states of Malaya" ("negeri"), which specifically referred to constituent territories of a sovereign nation. She claimed that the British used "state", when renaming the "British Borneo Territories" to "Borneo States of Sabah and Sarawak", to refer to "self-governing entities with a history, laws, political and social systems".[105]

Opposition leaderIsmail Sabri Yaakob expressed the opposition's support for the bill, but he also had concerns over various aspects of its content, such as the absence of any reference to the 1963 agreement.[106] He also expressed concerns that the bill was being rushed through without a careful review by the Parliamentary Select Committee.[4]

Reactions after the amendment bill tabling on 4 April

[edit]

In an interview, Nancy Shukri, the PBB MP representingBatang Sadong, perceived the proposed amendment as a "trap" as she could not see how the hastily proposed amendment could restore the position of Sabah and Sarawak. She also noted the absence of several Sarawak PH MPs when the bill was tabled during its first reading on 4 April and added stated her desire for a deferral of the amendment to a select committee for an in-depth review,[107] with an eye towards ensuring related legislation is also amended accordingly. Nonetheless, she called for members of Gabungan Parti Sarawak (GPS) and Pakatan Harapan (PH) to come together in a show of bipartisanship and to cooperate in ensuring the status of Sarawak is restored.[4][108] STAR Sarawak President Lina Soo also announced her support for a temporary withdrawal of the bill and to debate it in the Sarawak legislative assembly as well as seek the affirmation of the people. She stated her concern that "Without the safeguards and assurances defined in the explanatory statement, this Bill is a manipulative and repugnant act which is like giving a blank cheque to PH to write, or akin to locking ourselves in a prison and throwing the keys away".[105]

A Sarawakian lawyer,Robert Lau Hui Yew from SUPP,[109] dismissed the proposed amendment as "just playing with the construction of a sentence". According to his analysis, the amendment merely splits the 1976 agreement into two parts, but is effectively the same sentence. He further alleges that the drafting of the amendment could have been a simple process and yet "the drafters are trying to confuse and hold on to the assimilated nature of Malaya in the guise of Malaysia".[110] Similar views were also expressed by former Sabah Chief Minister, andSabah Progressive Party (SAPP) President,Yong Teck Lee together with SUPP Youth Chief Michael Tiang and Sarawak MPTiong King Sing.[111][112][113][114]

Sarawak Legal Counsel JC Fong further said that the federal government should redefine the "federation term" to achieve equal status for both entities as through the bill reading, there will still be 13 states in Malaysia including Sarawak and Sabah based on Clause (2) in the bill.[115] PBS PresidentMaximus Ongkili described the proposed amendment as a "disappointment" as there is really nothing in it when Sabah continued to be mentioned as one of the 13 states through the tabling on 4 April when the actual reason for the amendment is to restore the position of the two entities as equal partners, adding that is why most of the opposition MPs from both entities proposing a review by a select committee for a study and modification on the bill which then will be referred to the two current state assemblies for debate and adoption before the national Parliament being allowed to make a vote.[116] Another Sabah MPAnifah Aman urge the federal government not to be hasty with a deep study are required before its tabling as the issue has long been a thorny issue and a cause of growing unhappiness amongst Sabahans and Sarawakians residents.[117]Universiti Malaysia Sabah (UMS) political analyst Lee Kuok Tiung calling the amendment as "nonsensical", saying that with such definition during the tabling, he wondering how the two entities can be equal partners.[118] Former Minister in the Prime Minister Department andUnited Sabah People's Party (PBRS) PresidentJoseph Kurup said the bill is far from what the people in the two entities wished but urging the matter should not being prolonged as it will causing further tense relationship between the two entities with the federation.[119] As a solution, Kurup calling Minister Liew to postponed the tabling and held discussion with all of the involved MPs before presenting the bill again in the Parliament for its second reading and debate.[119] The Vice President ofLiberal Democratic Party (LDP) Yew Chau Khiong said the amendment bill is too "hasty" in its first reading, calling the governments of the two entities together with the Advocates Association of Sarawak (AAS) and Sabah Law Society to make a more in-depth study followed by a discussion on the proposed amendment before being referred to a select committee in Parliament prior to debate and voting as an hasty amendment which just passed for the sake of achieving an objective will only resulting in consequences that affecting the lives of future generations as evidenced in the current situation of both entities.[120]

In response to the claim made by Minister Liew who said the two Chief Ministers have been consulted over the bill, Sarawak Chief Minister Abang Zohari made a clear statement that no approval was given by both Chief Ministers from Sabah and Sarawak on the amendment in its current form with the cabinet committee appointed for the review of the 1963 agreement never discussed the actual wording of the amendment in its meetings.[121] Abang Zohari further explained that they will support any amendment to the Federal Constitution or any law that seeks to restore their rights as according to the 1963 agreement but the amendments must not merely in form but of substantive nature.[122] PBB also respond to the appeal made byChong Chieng Jen of the DAP in Sarawak through its Information Chief Idris Buang who said the federal government need to respond to a list of claims made by the Sarawak government delegation in the committee reviewing the 1963 agreement which includes Sarawak's stand on non-negotiable matters pertaining to its rights over land, continental shelf, natural resources (oil and gas and mining rights) as well as the special grants andcapitation grants along with the need for equal share of parliamentary seats following theexit of Singapore from the federation in 1965 as the proposed amendment is just not simply to get it done to prevent getting a supposed rights restoration which is just "beautiful in the outside, but actually empty inside".[123]

Response by the federal government and other allied parties on the definition of the bill

[edit]

Prime Minister Mahathir said afterwards that it is up to Sabah and Sarawak MPs to support the bill, adding that what they have announced is that they will recognise the amendment as an agreement among three entities — the Federation of Malaya, Sabah and Sarawak. But as the previous constitution did not make it clear, they have to amend the constitution by getting two-thirds majority vote in the Parliament.[124] Minister Liew also said that both Sabah and Sarawak leaders have been consulted and have deliberated over the issue with both entities will be termed as territories, telling that if the opposition MPs want to establish a separate special select committee on the matter, it can be done but since it is a government bill, it will not initiate a proposal to establish one.[124] During Mahathir visit to Sabah on 6 April, the Prime Minister assuring the public that the amendment is not merely a cosmetic with the federal government will fulfill its promise for the two entities to get equal status to Peninsular Malaysia, officially declaring that:

We promised we will recognise the signatures to the Malaysia 1963 agreement was by Sabah, Sarawak and Peninsular Malaysia. We will recognise these three regions as members of the federation.[125][126]

— Mahathir Mohamad, Prime Minister of Malaysia.

Responding to the criticism towards him and the federal government on the bill content definition during the tabling, Minister Liew explained that through the 1963 agreement, every party have agreed on the definition but it became null in 1966 following the Singapore exit from the federation in 1965 where an amendment was made in the year of thenullification.[127][128] In 1976, another amendment was made to placed both Sabah and Sarawak as "negeri" by dropping the words like "the States of Malaya, namely" and "the Borneo States, namely" from the original definition of the States of the Federation of Malaysia where it receive two-thirds majority vote from the Parliament including the support from the MPs of the two entities itself thus saying the leaders from the two only realising their mistake recently when they who are supposed to oppose the previous 1976 amendment.[127][128] The statement are similarly echoed by Sarawak PH Chairman Chong Chieng Jen who agreed that it is actually PBB and SUPP MPs who support the downgrade of Sarawak status to one of the 13 states in Malaysia when they were still part of the BN coalition without realising its implications today.[129]

On 7 April, both theDemocratic Action Party (DAP) branches in East Malaysia through Chong Chieng Jen for Sarawak andChan Foong Hin for Sabah appeal to both opposition MPs in the two entities to stop playing politics and remove their egos as the bill will soon be debated and put to vote on 9 April,[130] adding that co-operation between government and opposition MPs are needed to undo the wrongdoings of the past as any failure to pass the bill in the end will only resulting to negative consequences on the negotiation for the rights in the 1963 agreement.[131] Chan explained the amendment were indeed seeking to reverse the previous amendment in 1976 which placed both entities as one of 13 states in Malaysia as the 1963 agreement committee are still doing its work with more amendments to come soon.[131] On the reason behind the exclusion of several phrases as mentioned before, Chong stated that it was due to an earlier discussion made by the committee who feel both of the entities are not the only states on the island of Borneo as there are also the country ofBrunei and IndonesianKalimantan provinces, explaining that the proposed amendment is similar in structure to the original Article 4 (1) of the Federal Constitution even with the exclusion.[130]

Similar views were also expressed earlier by Sarawak PKR lawmakerSee Chee How who urging every MPs to put aside their political differences to fulfill the long-waited aspiration and hope of all Sarawakians and Sabahans to right the wrong of the last 43 years, adding that the committee and various working groups on the matters are still deliberating and working with steps are being taken to devolve the autonomous powers to both entities with their report is scheduled to be finalised and revealed by the committee in June.[132] Sarawak Assemblyman fromPadungan Wong King Wei further said that opposition MPs should not doubt the present federal government sincerities to restore the rights of the two entities as if they were not care on the issues, they will just ignore by not doing anything like in the past over the matters.[133] He elaborated that several steps as the evidence of the federal government commitment have been shown such as the forming of a special committee on the 1963 agreement and even tabled an amendment bill to the Parliament, adding that the proposed amendment is just one of the first steps to restore the two entities rights as when their status have been restored, both entities can discuss further in the round table of the committee for further negotiations on their rights.[133]

Other PKR MP from Sarawak such asWillie Mongin said the federal government move for the bill tabling is good as one of the first step to legally restore the two entities rights as according to the original 1963 agreement, but openly expressing that he is "displeased" with the words used in the proposed amendment and believed the wording could be refined, adding his proposals that "Sarawak should be stated as Negara Sarawak (the Country of Sarawak) and Sabah as Negara Sabah (the Country of Sabah), not as one [of] the states in the federation" as the previous wording may indicate that both entities are just one of the states in the federation in par with Malay Peninsula states that will causing confusion and misinterpretation.[134] TheUnited Pasokmomogun Kadazandusun Murut Organisation (UPKO) also distancing their opinion differ than other government allied parties who simply supporting the bill, the party PresidentWilfred Madius Tangau agreed with the suggestion by opposition MPs to refer the amendment to the special committee before the second reading in Parliament on the evening of 9 April, stressing that the process must be fulfilled if the federal government was really serious in implementing the 1963 agreement and restoring their rights since a bill that was tabled in a rush will only drawn negative reactions from various parties in both of the entities as the amendment have implications that will subsequently transformed the federation governance.[135]Ronald Kiandee of theMalaysian United Indigenous Party (PPBM) said the bill must be approved by the MPs from both entities as it had long been anticipated to lift the ranks of the current two states.[4]

Aftermath of the bill second reading and subsequent voting

[edit]

Prime Minister Mahathir Mohamad said he did not expect the federal government bid to amend the constitution will fail, explaining that even with the unsatisfied result, they need to respect the decision made by opposition as every lawmaker has the right to vote "whatever they have set their sights on" and stressing the bill was not done in haste.[9] Deputy Prime MinisterWan Azizah Wan Ismail also expressed her deep disappointment over the result since she put a deep hope for the return of both entities status, adding that she thought when seeing the debate session everyone seemed to have agreed.[136] PKR President Anwar Ibrahim blamed the failure on the passage of the bill for the constitutional amendment to both UMNO and BN who are majority seen jointly choose to be "abstained" without giving their concrete reason in the voting, citing that since their long period of administrating the country, they did not even want to review the amendment of the country.[6][137] He further added that the amendment was very meaningful and historic to the people of the country, especially to Sabah and Sarawak since the matter has been debated for a long time and we have heard the complaints of frustration and sadness of the people from both of the entities, adding that he could not understand why some people still disputed the matter when the old administration could not even moved an inch when they were in power for more than half a century.[4] Sabah Chief Minister Shafie Apdal expressed his very deep disappointment on the failure to amend the constitution. In a statement, he expressed:

You can imagine, in particular, fundamental things that we cannot agree on and vote for it, what more other things that we can realise. It's already 55 years, we have waited for such a long time ... we are not saying that we should be in a hurry but, for God's sake, this is 55 years, this is a fundamental thing.[5]

— Shafie Apdal, Chief Minister of Sabah.

Despite the deep disappointment, Shafie said the result of the voting is not the end of their struggle for equalities but instead its just becoming the first one after 55 years with the struggle will continues by all means, adding that he refuse to blaming anyone on the result when asked by the media whether he thought their counterpart Sarawak was to be blame for placing their politics above the bill with the Sabah government would continue their co-operation together with Sarawak government for the return of their rights.[138][139] Former Chief Minister of Sabah and MP of UPKO,Bernard Giluk Dompok opined that all lawmakers should support the bill because the federal government had done what it was supposed to do to return the two entities status as before the 1976 amendment.[140]Petaling Jaya MP and social activistMaria Chin Abdullah called the 59 MPs who choose to abstained from the voting have shown through their own action that they are really not committed to the country reform agenda where they were blinded by their own political interests and have forsaken the struggles and aspirations of the people in the two entities which as a direct result of their conducts, these MPs have effectively retained both Sabah and Sarawak as onlystates in the federation of Malaysia.[141]Minister of International Trade and Industry and President of theSabah Heritage Party (WARISAN)Darell Leiking said the majority decision taken by opposition MPs evidently showing they have no dignity towards their voters, adding that it was a historical moment for the country when the Prime Minister have willing to read out the rationale behind amending the constitution which would have reinstated our status to the pre-1976 amendment, but instead all of these efforts been wasted by the opposition MPs.[142] The PH coalition in Sarawak through their Secretary Senator,Alan Ling expressed their great disappointment as the historical opportunity to restore both entities status had been dashed to the ground by the decision of the opposition to abstained from voting, adding that the opposition especially GPS had intentionally failing the aspirations of Sarawakians which is totally unacceptable and beyond any justification with any further excuses given by GPS MPs have no merit as the wording on the proposed amendment have been agreed to be redefined as in the original version of 1963 agreement.[143] Despite the failure of the bill passage, Minister Liew has stated that they would never give up and would continue to fight for the people especially for those in the two entities,[144] calling the action by a small group of parliamentarians not voting for the amendment was unreasonable and detrimental to the society with the moment will forever be remembered and identified by the generation as those who preventing the return of the two entities status.[5]

GPS through its SUPP President Sim Kui Hian said the blame should not been thrown on them, but instead the federal government should have listened earlier to their demands to amend the definition of the "federation" as a federation that were established through the 1963 agreement, not under the federation term as inscribed in the 1957 Malaya Agreement.[145] STAR Sarawak President Lina Soo called the failure to pass the bill as a "landmark victory" for Sarawakians and Sabahans, praising that the political maturity of the people in the two entities has reached new heights which is not seen since the formation of the country.[146] She adding that the people had voiced out loud and clear that any constitutional amendment without adhering to the principle of the 1963 agreement must be rejected where she also insisted that any constitutional amendment which would have subsequent effect to the political position of the two entities must first be brought before the current state legislative assembly for legitimacy.[146] Responding to the "landmark victory" as claimed by opposition allied parties, SabahBeluran MP Ronald Kiandee described the move by the opposition as just to politicising the issue too much with their abstention from the bill voting just for the sake of opposing.[147] Former law lecturerAbdul Aziz Bari also said those opposition MPs who didn't vote for the amendment bill could have actually used their debate time to point out what they saw as lacking in it and ask for the gaps to be filled, calling the suggestion made by an opposition MP fromPengerang,Azalina Othman Said for the need of a select committee before the bill tabling are actually just to wasting the time.[148] The adviser of the Sabah government on the 1963 agreement, Zainnal Ajamain said following the result, the two entities lost their opportunity to restore their status as equal partners. In a statement, he said:

We know that in the first reading there are problems, but in the second reading [the content] is taken fromMA63, word by word, unchanged … then it was also rejected. [The defeat of the amendment] has big implications. We have been waiting for 55 years, then we have this rare opportunity. The opportunity is there, but some people are still dissatisfied … It's up to them. I think the dissatisfied party should now think deeply, to reflect on what has happened and read as well understand [the 1963 agreement] better.[149]

An independent Sabah MP, Anifah Aman stated that even the Parliament failed to pass the bill, the fight for equal partnership will never end.[150] The leader of the opposition, Ismail Sabri Yaakob stressed that even the opposition choose to abstained in the voting, the bill are not actually lost since not even a single opposition MPs rejecting the bill, adding that the federal government should not have been rushed for its tabling in the Parliament but instead taken it up for a thorough discussion at the parliamentary select committee as if the joint committee have expressing their views along with their facts, both can jointly support the amendment since he himself also questioned the amendment bid's significance to the two entities which according to him would only highlight the difference between those in the peninsula and those in Borneo from a geographical perspective.[151] Similar opinion were also expressed by an UMNO Supreme Council Member and former MPAbdul Rahman Dahlan who said that he did not blame the Prime Minister for what has happened as the bill was originally drafted by Minister Liew who failed to understand what opposition MPs from the two entities really wanted with regard to the amendment, adding that if the bill was earlier sent to the select committee, it surely be a win-win situation for all concerned parties with the Prime Minister would receive praises from all quarters.[152] Similar views were expressed by Sarawak Chief Minister Abang Abdul Rahman Zohari.[153] Another opposition MP of MCA fromAyer Hitam,Wee Ka Siong said the proposed bill is done in rush and merely a cosmetic change, stressing that the opposition only want the bill to be looked into carefully and diligently for the constitutional amendment.[154] Nevertheless, with the unaccomplished goals, Sabah Deputy Chief Minister Wilfred Madius Tangau hopes the steering committee on the 1963 agreement chaired by the Prime Minister would meet as soon as possible to further discuss steps that will be taken by the Sabah government.[155] On the proposal to re-tabling the bill in the Parliament as the bill should be referred first to a special committee, Prime Minister Mahathir answered the question that a discussion will be held with involved MPs on the matter with the re-tabling would depend on "needs".[156][157] TheSabah Legislative Assembly through Chief Minister Shafie had announced they would table emergency motion regarding the 1963 agreement in the nearest time to regain their rights despite the bill failure following the request made by one of the assemblyman, Masidi Manjun.[158][159][160] On 18 April, the Sabah assembly unanimously passed a motion to endorse the proposed amendment if it gets re-tabled in the national Parliament.[161][162] TheSarawak Legislative Assembly follow suits on 30 April by unanimously approves motion for constitutional amendments on Sarawak's rights with the motion includes a provision for the amendment of Article 1(2) of the Federal Constitution by inserting "pursuant to Malaysia Agreement 1963" which subsequently read as: "The States of the Federation, pursuant to Malaysian Agreement 1963, shall be".[163]

Local analysts hold the view that the failure for the bill passage is not end on the struggle of both entities to restore their status, urging both sides of political factions either from the government and opposition to stop blaming each other and moving forwards towards a solution for the betterment of the residents in the two entities.[164] Other political analysts also in the position that the opposition faction of GPS did not simply want the bill to fail, but instead just want to ensure it is done correctly, adding that despite the bill failure, the federal government must move forward to correct the long historical grievances in the two entities before it is escalated into far moresecessionist option with the growing frustration and unhappiness.[165][166]

During the celebration ofSarawak Day on 22 July, Sarawak Association for People's Aspiration (SAPA) reminded the federal government to not wasting further time to restore Sarawak's rights and status under the 1963 agreement with the increase independence sentiment among the people.[167] Further on 25 July, Sabah Chief Minister Shafie said that Prime Minister Mahathir will announce the restoration of both Sabah and Sarawak rights in the nearest time.[168] On 17 December, Minister Liew announced that the proposed amendment to be re-tabled in March 2020 following a reach consensus through a three-way meeting between Prime Minister Mahathir Mohamad, Sabah Chief Minister Shafie Apdal and Sarawak Chief Minister Abang Zohari held at the Prime Minister's office on 16 December 2019.[169]

2021 amendment to the Constitution of Malaysia

[edit]

Two years after the failed attempt, on 16 September 2021, Prime MinisterIsmail Sabri Yaakob pledged to look into issues relating to Sabah and Sarawak via the Special Council on Malaysia Agreement 1963.[170] The amendments were tabled on 3 November 2021, consisting of four changes: classifying Sabah and Sarawak as "Borneo States" and listed them separately from the "States of Malaya", defining Malaysia Day as the day when Sabah and Sarawak joined, defining "Federation" as the formation of Malaysia rather than Malaya, and changes to the inheritance of Sarawak native status.[171][172][173] On 14 December 2021, the proposed amendment was passed in theParliament unanimously with 199 votes in favour, and 21 MPs absent from the 6-hour long debate.[174] The law came into force on 11 February 2022.[175]

See also

[edit]
Portals:

Notes

[edit]
  1. ^Education, while becoming a federal subject in principle, is to remain practically under state control until the state government otherwise decides; in particular, the present policy of teaching in English is to continue.[25]
  2. ^Immigration to remain largely under state control; while the federation is to have general control of movement in and out of Malaysia and between states, entry into the Borneo states will require the approval of the state concerned, and except that the federal government may bar entry in the national interest, the Borneo states are to have discretion in permitting entry by persons outside Malaysia.[25] Oncitizenship, throughtheCobbold Commission recommendations provides additional provisions for the registration of foreign-born residents in the eight years after Malaysia.[25]
  3. ^The national language of the federation will beMalay, but English is to remain an official language for ten years afterMalaysia Day and thereafter till the state legislature otherwise provides.[25]
  4. ^On the special position of the indigenous race, it adopts the recommendations of the Malayan members of the commission and provides that in the federal public service as well as within the states, the Borneo indigenous are to enjoy the special rights and privileges that Malay now enjoy under the present constitution.[25] In matters concerning land administration the powers of the federationvis-à-vis the states are to be modified to give the states the power to decide whether or not to follow the policies formulated in the National Land Council.[25] The Borneo states are to have a total of 40 seats in the Federal House of Representatives – 24 to Sarawak and 16 to North Borneo. No reduction in the proportion of their representation to the whole (except by reason of the entry of new states) may take place in the seven years after Malaysia without the concurrence of the government of the state concerned, and thereafter any change in proportion must be supported by a two-thirds majority in each House of Parliament.[24]
  5. ^On finance, it is agreed that the level of federaltaxation in the states should be brought up to federal levels over a period of years, and that in addition to the sources of revenue at present allocated to states, North Borneo and Sarawak should retain import duty and excise duty onpetroleum products, export duty ontimber and other forest produce, and export duty on minerals up to a joint total of royalty and export duty of 10 per centad valorem; and that in the case of North Borneo the state should retain a total of 30 per cent of revenue from customs and excise for as long as it is responsible for health and medical expenditure. In addition to thecapitation and road grants received by states under the existing constitution, North Borneo and Sarawak are to receive balancing grant equal to the difference between assigned state revenue in 1963 (including statutory grants) and the estimated cost of services; Sarawak is to receive an escalating annual grant in order to assure adequate expansion of state services,and a special grant is also to be assigned to North Borneo, proportionate to the increase in federal revenue from that state in 1963. (These grants are to be subject to review in the first ten years after Malaysia).[25]
  6. ^Islam remains the religion of the federation, but is not to be established as thestate religion in either territory, and the Borneo States are not to be required to contribute to financial aid for Muslim institutions or education, either in the states or in the federation.[25]

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1 Covers the three territories
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