Warisan wasn’t born when MA63 rights pursued
Published on: Monday, November 28, 2022
Joachim said that during the United Sabah National Organisation (Usno) era (1963-1976), MA63 was not used as a platform for the party’s struggle, and likewise during Berjaya (1977-1985) which actually saw Sabah losing Labuan, getting only 5pc for oil royalty and Sabah’s status reduced to being one of 13 states, instead of one among three partners in the formation of Malaysia.
PARTI Bersatu Sabah (PBS) said Parti Warisan is claiming false credit for pursuing Sabah’s rights under the 1963 Malaysia Agreement (MA63) as when PBS started the process in 1985, Datuk Seri Mohd Shafie Apdal (Warisan President) wasn’t even in politics.PBS Deputy President Datuk Dr Joachim Gunsalam said there was little MA63 awareness until PBS came along.
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He said that during the United Sabah National Organisation (Usno) era (1963-1976), MA63 was not used as a platform for the party’s struggle, and likewise during Berjaya (1977-1985) which actually saw Sabah losing Labuan, getting only 5pc for oil royalty and Sabah’s status reduced to being one of 13 states, instead of one among three partners in the formation of Malaysia.
“In the early 1990s, several PBS leaders were arrested under the Internal Security Act (ISA) for fighting for the rights of Sabah as enshrined in MA63/20 Points. Among them was Datuk Seri Dr Maximus Ongkili (now PBS President) who was detained under the ISA for 60 days.
“Since the establishment of PBS in 1985, the party has always fought for MA63 through press releases, policy speeches by party leaders at the Party Congress, Party Anniversary, election manifesto and others,” he said, adding that Barisan Nasional (BN)/Umno which expanded to Sabah in 1991 did not make MA63 as a platform for Umno’s struggle.
He said it was likely, after the abolition of ISA in 2012, other political parties such as DAP, Parti Keadilan Rakyat (PKR) and others later joined the bandwagon.
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“The Gabungan Rakyat Sabah (GRS) Government since 2020 has also been fighting for MA63. Hence, PBS pioneered the struggle for the implementation of the 1963 Malaysia Agreement which was later adopted by other political parties,” said Dr Joachim, who is also Deputy Chief Minister.
He said due to PBS’ persistence and efforts by Sarawak, finally, in May 2016, Datuk Seri Najib Tun Razak as Prime Minister under the BN Government agreed to implement the Devolution of Authority to Sabah and Sarawak.
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“The purpose of implementing this Devolution of Authority is to coordinate issues related to the claims of Sabah and Sarawak on rights and autonomous powers as provided under the Federal Constitution and the Malaysia Agreement 1963.
“Among the issues included in the devolution process were oil exploration and mining, the Territorial Sea Act 2012 (Act 750), stamp duty for land and land revenue, the issue of reviewing grants, especially for Sabah and Sarawak under Article 112D of the Federal Constitution, and the issue of electricity and gas distribution,” he explained.
However, Parliament was dissolved in April 2018 and, the proposed solutions under Devolution of Authority could not be implemented.
At the same time, he said the Sabah Government established the MA63 Committee at the State level chaired by Datuk Teo Chee Kang.
“At that time, all political parties in Sabah were required to submit a memorandum to the Sabah Government regarding Sabah’s rights claims under the MA63. Accordingly, PBS sent a memorandum,” he said.
Dr Joachim said when Pakatan Harapan (PH/Warisan) took over the Federal Government in May 2018, PH (Warisan is a member of the PH government) continued the implementation of MA63 which was initiated by the BN government.
He said the PH Government established a Special Cabinet Committee (JKKKMA63) in September 2018 which aimed to review the implementation of the Malaysia Agreement 1963 (JKKK MA63) following the efforts of the previous BN government.
“Taking into account the issues that have been listed under Devolution of Authority, which was established during the BN government, JKKKMA63 (PH/Warisan government) listed some additional matters.
“However, during the PH/Warisan administration, only one demand was implemented, which was the Sabah Timber and Forest Products Export Duty until the dissolution of JKKKMA63 in November 2019.
“The implementation of a claim requires the submission or exchange of documents between the Federal Government ministry or agency and the Sabah or Sarawak State Government or agency.
“No exchange of such documents was held to prove that PH/Warisan has implemented the 17 demands as claimed by Warisan,” said Dr Joachim, who also headed the Socio-Economic Working Committee of Special Council on the Malaysia Agreement 1963 (MKMA63).
The Perikatan Nasional (PN) government led by Tan Sri Muhyiddin Yassin took seriously the implementation of Sabah and Sarawak’s demands regarding MA63. Therefore, on March 10, 2020, the Minister in the Prime Minister’s Department, Sabah and Sarawak Affairs (HESS), was established.
Dr Maximus was appointed as Minister to lead the portfolio. The Sabah and Sarawak Affairs Division (BHESS) is under his responsibility to be a “focal point” at the Federal level to coordinate issues related to MA63 in various ministries and Federal agencies with the State Governments of Sabah and Sarawak.
Dr Maximus explained that the purpose of the establishment of MKMA63 is as a forum for relations between the Federal Government and the Sabah Government and Sarawak Government (inter-governmental forum) specifically to discuss issues related to the implementation of MA63.
Dr Joachim said MKMA63 is managed by BHESS, Minister in the Prime Minister’s Department headed by Dr Maximus and chaired by the Prime Minister and composed of the Federal Government, the State Government of Sabah led by the Chief Minister of Sabah and Sarawak led by the Premier of Sarawak.
Under MKMA63 there are four more committees namely the Equal Partner Working Committee, the Socio-Economic Working Committee, the Sabah and Sarawak State Security Working Committee and the Consultation Committee on Article 112D. In addition, there are also 13 existing committees under existing ministries and departments.
Each of these committees was represented by senior leaders from Sabah and Sarawak, adding that from Sabah, the Socio-Economic Committee was headed by him as Deputy Chief Minister III, the Equal Partner Committee was headed by Datuk Seri Dr Jeffery Kitingan, who is Deputy Minister II, and the Sabah State Security Committee are led by Datuk Seri Bung Moktar Radin, Deputy Minister I, while the Consultation Committee on Article 112D is led by Datuk Seri Masidi Manjun, the State Second Finance Minister. All of them represent the Chief Minister of Sabah in the Working Committee Council.
Under the management of HESS, the eight matters of MA63 that have been resolved under the PN-BN-GRS governments are:
Transfer of LPG Regulatory Authority to the Sarawak State Government.
Amendment of the Federal Constitution Article 1(2) and Article 160(2) of the Federal Constitution.
Empowerment Regarding Deep Sea Fish Licensing and Catching to the Sabah State Government.
Reassignment of Authority over the Administration of Sipadan Island and Ligitan Island to the Sabah State Government (Repeal of the Prohibited Areas and Prohibited Places Act 1959 (Act 298).
Review of Special Grants to the State of Sabah under Article 112D of the Federal Constitution.
Empowerment Regarding Deep Sea Fish Licensing and Catching to the Sarawak State Government.
Appointment of the IRB Board of Directors representing Sabah.
Sabah-Labuan visitor entry and exit checks are in effect.
The 15 matters to be resolved/under are:
Revision of Special Provisions (Article 112D of the Federal Constitution) – State of Sarawak.
Residual Powers of Environmental Legislation.
Gas and Electricity Regulatory Authority for the State of Sabah.
Recognition of Sabah and Sarawak State Public Works Department as Technical Department under AP182.
Labour in Sabah and Sarawak.
Stamp Duty Charged on Instruments of Transfer, Charge, and Lease of Land under the Sabah and Sarawak Land Ordinance.
Federal Financial Obligations Under the Common List.
Land Release given Ownership Rights to the Federation in the State of Sabah and Sarawak.
State Power over Health Issues.
Administration of the Judiciary of Sabah and Sarawak.
Article 112 (1) of the Federal Constitution (Increase in Posts).
Oil Royalties and Petroleum Cash Payments.
Oil Minerals and Oil Fields.
Territorial Seas Act 2012 [Act 750].
State Rights on the Continental Shelf.
The 13 issues under the working committees/under discussion (under the PN-BN-GRS governments) are:
Border security control and border entry points in the States of Sabah and Sarawak (the need to speed up the construction of CIQS).
Proposed Application for Change of Loan Status to Grant for Federal Expenses under the Sabah State Industrial Development Ministry by the Sabah Government.
Proposal Regarding Certification for the Establishment of a Special Task Force (PPK) under the National Registration Department (JPN).
The 12th Malaysia Plan (RMK12).
Basic Infrastructure Development Issues (roads, water, electricity, health, education & digital).
Poverty Issues.
Brunei-Indonesia-Malaysia-Philippines East ASEAN Growth Area (BIMP-EAGA).
Borneionisation of the Federal Public Service in the States of Sabah and Sarawak.
Special Task Force (Taskforce) Development of the Border Area of Malaysia and Indonesia (Sabah-Sarawak-Kalimantan).
Membership of the Sabah Government and Sarawak Government in the Inland Revenue Board (IRB).
Proposed increase in the number of Members of Parliament from Sabah and Sarawak.
Proposed Amendments to Article 95B of the Federal Constitution.
Proposed Amendment of Item 25A (Tourism) in List I (Federal), Ninth Schedule, PP to List III (Joint List) Federal Constitution.
In connection with the implementation of MA63 under the management of Sabah and Sarawak Affairs, a 1963 Malaysia Formation Process Handbook Preparation Committee was established on September 22, 2021, which was co-chaired by the President of the Sabah Law Society and the Divisional Secretary, Sabah and Sarawak Affairs Division, Prime Minister’s Department.
Dr Joachim said one of the purposes of preparing this handbook is to enable the public, especially the younger generation, to understand the importance of the formation of Malaysia and the MA63.
He said the handbook will also be submitted to the Education Ministry as a reference for students on MA63.
“The existing curriculum gives minimal treatment to the formation of Malaysia, which should be taught in detail in the school curriculum starting from the Malaysia Solidarity Consultative Committee (MSCC), the Cobbold Commission Report, 20 Articles (18 Articles for Sarawak), Committee Inter-Governmental Committee (IGC) and Malaysia Agreement 1963 (MA63),” he said.
On why the PN-BN-GRS Government took so long to implement the rights listed in MA63, Dr Joachim said it is because of the need to hold meetings and consultations between the relevant Federal and State Government ministries or departments according to the schedule.
“There is a need to amend laws, policies and regulations to enable implementation. This all took a long time. Thus, the implementation of the demands is not easy,” he said.
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