The special position of Sabah and Sarawak

JUNE 18 — I must admit I used to be a typical “orang Semenanjung.” I questioned why the people of Sabah and Sarawak insisted on doing things differently, and for having far more extensive powers than the states in Peninsular Malaysia.

This was before I ever set foot in those two states. Like many Peninsular Malaysians who have travelled across the world, those parts of my country remained a mystery to me. I first visited Sarawak for a party programme in October 2009 and Sabah in June 2010. Since then I have had the privilege of revisiting both states quite a number of times.

The “special powers” of Sabah and Sarawak are derived from the Malaysia Agreement that was signed in July 1963 by the British, Malayan, Sabah, Sarawak and Singapore governments that paved the way for the birth of the Federation of Malaysia. The Federal Parliament then duly made amendments to the Malayan Constitution to incorporate provisions from this treaty.

There were many clauses to the Agreement, but they included:

–  The control of entry and residence for non-Sabahans and non-Sarawakians

–  The protection of the legal profession in the state, whereby only lawyers who were residents of Sabah and Sarawak or fulfilled the residential requirements of the two states could practise law in Sabah and Sarawak

–  The continuance of the native courts system alongside the syariah courts in Sabah and Sarawak

–  Sabah and Sarawak would have other sources of revenue from the federal government, and they could charge their own sales tax

–  The chief ministers of Sabah and Sarawak were to be consulted on the appointment of the chief judge of the High Court of Sabah and Sarawak

Shad Saleem Faruqi describes the position of Sabah and Sarawak as similar to that of Quebec in Canada, Kashmir in India and Northern Ireland in the United Kingdom, in that they are accorded certain privileges not available to other states or regions in those country.

Thus, when Peninsular Malaysians wonder about why Sabah and Sarawak are different, we need to remember that these powers are just as important as the special position given to the Bumiputeras, Islam, Bahasa Malaysia and the Rulers. These “idiosyncrasies” are enshrined in the Constitution because of the historical consensus that gave birth to it.

Thus, as I pointed out in the Kaamatan events I attended in Penampang and Tuaran recently, as a Malaysian I have a duty to defend the special position of Sabah and Sarawak. It should not be the responsibility of East Malaysians alone, but that of all citizens who want to uphold the spirit of our Constitution.

It is the lack of respect (or even utter ignorance) for this principle that is a source of dissatisfaction for many Sabahans and Sarawakians. This is combined with the sad fact that the two states are far behind in developmental terms with enormous pockets of poverty despite their wealth of natural resources. Basic amenities that the rakyat in the peninsula take for granted such as water or electricity, are luxuries for many East Malaysians.

People in the Klang Valley complain about jammed highways and slow Internet connections. Some in Sabah and Sarawak, however, – even in the suburbs of the main cities and towns – have to make do with rainwater and generators, and their areas often lack decent roads and sanitation.

One feels that it would be wise for Peninsular Malaysians to discard the attitude that Putrajaya or peninsula knows best. There are many things that we can learn from our fellow citizens across the South China Sea — the fact that they are a far more diverse, multi-ethnic and multi-religious society living largely at peace with themselves is surely something that we can emulate back in the peninsula.

The biggest tragedy is that Sabah and Sarawak, which Barisan Nasional deems its “fixed deposits”, continues to languish under its control. Indeed, if it was not because of the stranglehold that the ruling oligarchy exercises over the two Borneo states, BN would have lost the 2008 general election.

But things are changing in East Malaysia. The presence established by Pakatan Rakyat since the 2006 Sarawak state elections has grown into the further inroads at the 2008 and 2011 editions. Sabahans and Sarawakians have in those elections shown a desire for change.

Peninsular Malaysians who are eager for reform need to make Sabah and Sarawak our partners, not merely to get to Putrajaya but most importantly to make sure that this country lives up to the promises and ideals of its founding.

* The views expressed here are the personal opinion of the columnist.