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Batu Sumpah only came later: Harris
Published on: Wednesday, March 04, 2015
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Kota Kinabalu: Claims by certain quarters that without the Batu Sumpah (oath stone) there will be no Malaysia is misleading since its official unveiling was done on Aug. 31, 1964 – almost one year after the formation of Malaysia, said former Chief Minister Tan Sri Harris Salleh."The Sumpah also represents the wishes of some leaders from the interior and not something voiced by the people of Sabah whose views were expressed in the 20 Points.

"The 20 Points resulted in the production of the Malaysia Agreement and from the Malaysia Agreement came the Federal and State constitutions," he said, in a talk to Universiti Malaysia Sabah students, Tuesday.

Harris said there was nothing new about the requirements for "jaminan" or guarantees of the three subjects in the Oath Stone.

"As most people are aware, all the three subjects are in the Federal and State constitutions.

"Although governments strictly-speaking can guarantee anything, these guarantees can be overruled by Parliament or State Assembly respectively; the Federal and State constitutions have been amended several times over the last 40 years.

"This is because the party in power had two-third majority. The Sabah State constitution was amended to provide for from 'No Religion' to 'Islam' as the official religion.

"The Hansard will show that the Assembly approved the amendment unanimously, there was not a single dissent from any of the Assemblymen representing the various ethnic groups.

"It is important to accept and acknowledge that Malaysia and Sabah practise parliamentary democracy ­– rule by the majority," he said.

The Oath Stone is the only such form of acceptance known in the world where an indigenous community's response towards the formation of a new nation was finally secured after their wishes to have their demands cast in stone were met.

It was erected in 1964 with permission granted by the outgoing British administration when it was found out that the Interior natives led by OKK Sedomon were still opposed to the colony of British North Borneo becoming Sabah through the formation of Malaysia (by way of merger with Malaya, Singapore and Sarawak) a year earlier on 16.9.1963.

The appointed State Government of then Chief Minister Donald (later Tun Fuad Stephens) despatched then Keningau Resident Richard Lind (now Tan Sri) to find out what could be done to appease them.

In return for their acceptance of Malaysia, the natives told Lind that they did not trust whatever was promised on paper in the discussions leading to the merger unless they were cast in stone.

These related to three of the key 20-Points, namely freedom of religion, jurisdiction over State land and preservation of native customs. They said these should be accompanied with the words "Kerajaan Malaysia Jamin (Malaysian Government guarantees) and be subjected to a ritual involving priestesses in line with native tradition.

The stone was specially identified and hauled from the Pegalan river while the plaque was sent to Singapore to be engraved.

Harris said it was also clear that Sabah made the correct decision to be part of the Federation of Malaysia.

"What had been agreed and achieved had worked out to be in the best interest of the Federation and the State. The responsibilities under the Federal and State jurisdictions are clearly spelled out in both the constitutions.

"As far as can be ascertained there is no infringement of the State's rights by the Federal Government. The State is well represented in Parliament. All matters pertaining to national affairs are determined or decided by Parliament.

"Likewise, matters pertaining to State interests and responsibilities are under the purview of the State Legislative Assembly. Based on these hard facts, therefore, the protection of Sabah in the Federal list is with its Members of Parliament," he said.

It is the responsibility of the MPs from Sabah to stand up for State's interests in Parliament, even reject any issue that is detrimental to Sabah.

"Members of Parliament from Sabah are the best 'protectors of Sabah's rights'. Likewise, members of the Sabah State Assembly are the best people to formulate policies for the best interest of the State," he said.

According to him, the fear or suspicion of racial control surfaced off and on for a few years after independence.

"It appeared that the fear and suspicions were almost gone from the late sixties till the late nineties. However, this seems to be becoming real these days as one can see in the papers leaders frequently talking about religion and race.

"This regression is a sad reflection of our leadership who seem to have lost the will and statesmanship to pursue the national vision of our founding fathers. This conclusively proves that the decision taken by Tun Mustapha to support the formation of Malaysia in the interest of the Malays in British North Borneo was apt and wise," he said.

Harris also said it appeared that a government controlled by Malays tends to be fairer.

"The allocation of assembly seats, ministers and civil servants are fairly distributed according to the ratio of the population. To their credit, the leaders of Sabah have managed to handle and sort things out until now. The saying 'so far so good' continues to hold. Let's keep it that way," he said.





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