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Now that 16 September, Malaysia Day, has been declared a public holiday from next year, let’s take it the next step and see what the 20-Point Agreement is all about, which has been a sore point for Sabah for a long time now, although Sarawak does not appear to be too flustered about it’s 18-Point Agreement.
THE CORRIDORS OF POWER
Raja Petra Kamarudin
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Separate but equal
THE establishment of Malaysia was much like a marriage. Malaya, Singapore, Sabah and Sarawak entered into matrimony on 16 Sept 1963. Indonesia and the Philippines spoke out against the union instead of forever holding their peace.
Despite the opposition, the four regions pledged unity as a single, sovereign federation, promising to be faithful and equal partners in good times and in bad, in joy and in sorrow.
And they lived happily ever after.
Or didn’t.
Fast forward 45 years after the union. Singapore has, since 1965, seceded from Malaysia. The relationship between Peninsula Malaysia, Sabah and Sarawak is no longer sacrosanct, a marriage rocked with broken promises. The East Malaysian states have “descended” in ranks to become no more than a wronged spouse in an unfortunate union, with West Malaysia enjoying political supremacy and socio-economic advantage.
“Sarawak and Sabah feel that we have been sidelined. There is still that uneasy feeling [that begs us to question], ‘Are we really part of the three regions (i.e. Peninsula Malaysia, Sabah and Sarawak)?’” says Parti Rakyat Sarawak (PRS) president Datuk Seri Dr James Jemut Masing.
With the political events that have swept the nation, that bleak situation might change. As a result of the 8 March 2008 elections, Sabah and Sarawak’s support have become particularly important to the survival of the Barisan Nasional (BN). The East Malaysian states have once more found leverage, just as they did in 1963, when they were wooed to join the federation of Malaya to form Malaysia. Then, it was so that their native populations would provide a counterweight to Singapore’s predominately Chinese population.
“I would like to emphasise that Sabah and Sarawak are two of the most critical partners of Malaysia. And 8 March shows, we cannot ignore that. You cannot ignore us,” Masing says in a phone interview.
Political observers say the key to cultivating unity between East and West Malaysia is to overcome the national historical amnesia about Sabah and Sarawak’s equal partnership in the federation. The two states’ cultural and religious autonomy must also be respected.
“To foster unity, we must recognise that there are three regions in Malaysia. Not two out of the 14 states. If we understand that, I think a closer relationship can be built much faster,” Masing says.
Tan Sri Bernard Dompok, who is president of United Pasokmomogun Kadazandusun Murut Organisation (Upko), and a former chief minister of Sabah, concurs.
If we want national unity, “it must not be artificial — you know, singing this song or that song... it should be more practical, [such as] settling grouses and changing the people’s mindsets.
“There is still this perception that Malaysia refers specifically to the peninsula. When I tell people in Semenanjung that I am going back to Sabah, they ask me when I am coming back to Malaysia. The mindset that Sabah [and Sarawak] is an addendum to Malaysia must change,” he tells The Nut Graph in a phone interview.
http://www.thenutgraph.com/separate-but-equal
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According Prof. Dr Shad Saleem Faruqi, Sabah and Sarawak cannot withdraw from the Federation. He iterated that joining a federation is irrevocable. See Point #7 of Sabah 20-point agreement prior to formation of Malaysia.
Former Parti Bersatu Sabah (PBS) Supreme Council member, Dr Chong Eng Leong stressed that Sabah and Sarawak are supposed to be equal partners in the Federation when the two states agreed to FORM Malaysia. To correct the fact, Sabah and Sarawak NEVER JOINED Malaya. Malaya, Sabah and Sarawak consented to form a new Federation called Malaysia in September 16, 1963.
Prof. Dr Shad Saleem Faruqi did suggest that the only way for Sabah and Sarawak to drop out of Malaysia is to be expelled, just like what happen to Singapore.
However, I do agreed with Prof. Dr Shad Saleem Faruqi who is from the Faculty of Law, Universiti Teknologi Mara (UiTM) when he stated that Sabah Immigration Law was undermined by the influx of illegal immigrants to Sabah. "It has been undermined by closing one eye, two eyes, three eyes, all three eyes. It is clear for everyone to see like an elephant in the sitting-room." He indirectly said that Sabahan are too generous to the illegal immigrants while the federal government have couldn't-care-less attitude to enforce the immigration law in Sabah.
http://malaysiadigest.blogspot.com/2008/09/no-way-for-sabah-and-sarawak-to-leave.html
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The 20-point agreement, or the 20-point memorandum, is an agreement made between the state of Sabah (then North Borneo) with what would be the federal government of Malaysia prior to the formation of Malaysia in September 16, 1963. A similar agreement was made between the state of Sarawak and the federal government but with certain differences in their 18-point agreement.
History
The agreement was written for the main purpose of safeguarding the interests, rights, and the autonomy of the people of Sabah upon the formation of the federation of Malaysia. It was originally envisaged that Sabah be one of the four entities in the federation, the others being Malaya, Singapore, and Sarawak. However as times passed, Sabah and Sarawak has ended up being merely one of the 13 states in the federation.
The position today
There has been numerous calls for the agreement to be reviewed to take into account social, economic, and political changes over time.
The agreement
Point 1: Religion
While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo.
Point 2: Language
a. Malay should be the national language of the Federation.
b. English should continue to be used for a period of 10 years after Malaysia Day.
c. English should be an official language of North Borneo for all purposes, State or Federal, without limitation of time.
Point 3: Constitution
Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of states and should not be a series of amendments to a Constitution drafted and agreed by different states in totally different circumstances. A new Constitution for North Borneo (Sabah) was of course essential.
Point 4: Head of Federation
The Head of State in North Borneo should not be eligible for election as Head of the Federation.
Point 5: Name of Federation
“Malaysia” but not “Melayu Raya”.
Point 6: Immigration
Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry into North Borneo should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purposes except on strictly security grounds. North Borneo should have unfettered control over the movements of persons other than those in Federal Government employ from other parts of Malaysia into North Borneo.
Point 7: Right of Secession
There should be no right to secede from the Federation.
Point 8: Borneanisation
Borneanisation of the public service should proceed as quickly as possible.
Point 9: British Officers
Every effort should be made to encourage British Officers to remain in the public service until their places can be taken by suitably qualified people from North Borneo.
Point 10: Citizenship
The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo subject to the following amendments:
a) sub-paragraph (i) should not contain the proviso as to five years residence.
b) in order to tie up with our law, sub-paragraph (ii)(a) should read “7 out of 10 years” instead of “8 out of 10 years”.
c) sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be federal citizen.
Point 11: Tariffs and Finance
North Borneo should retain control of its own finance, development and tariff, and should have the right to work up its own taxation and to raise loans on its own credit.
Point 12: Special position of indigenous races
In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malays’ formula in this regard is not necessarily applicable in North Borneo.
Point 13: State Government
a) the Prime Minister should be elected by unofficial members of Legislative Council.
b) There should be a proper Ministerial system in North Borneo.
Point 14: Transitional period
This should be seven years and during such period legislative power must be left with the State of North Borneo by the Constitution and not be merely delegated to the State Government by the Federal Government.
Point 15: Education
The existing educational system of North Borneo should be maintained and for this reason it should be under state control.
Point 16: Constitutional safeguards
No amendment modification or withdrawal of any special safeguard granted to North Borneo should be made by the Central Government without the positive concurrence of the Government of the State of North Borneo.
The power of amending the Constitution of the State of North Borneo should belong exclusively to the people in the state. (Note: The United Party, The Democratic Party and the Pasok Momogun Party considered that a three-fourth majority would be required in order to effect any amendment to the Federal and State Constitutions whereas the UNKO and USNO considered a two-thirds majority would be sufficient).
Point 17: Representation in Federal Parliament
This should take account not only of the population of North Borneo but also of its seize and potentialities and in any case should not be less than that of Singapore.
Point 18: Name of Head of State
Yang di-Pertua Negara.
Point 19: Name of State
Sabah.
Point 20: Land, Forests, Local Government, etc.
The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo. Likewise, the National Council for Local Government should not apply in North Borneo.
http://en.wikipedia.org/wiki/20-point_agreement_%28Sabah%29
written by Pangkis Pangazou, October 28, 2009 01:20:06
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written by DygAryaa, October 27, 2009 19:26:51
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written by Old Man, October 27, 2009 19:13:06
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written by Tom n Jerry, October 27, 2009 11:58:05
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written by EYFF, October 27, 2009 03:35:16
Sabah is in its present untenable position within Malaysia today because all the politicians Sabahan elected to represent them sell them down the river.
None seems to be too concern about the 20 points when it get into the way of their corruption!
One election maybe a mistake?
Twice maybe just careless?
More than three times then can be stupid?
But 12 times then surely most stupid!
Sabahans should blame themselves for their mess because of their most stupid judgment in their choice of representatives that had been betraying them for 45 years!!
If Sabahans are boxers then you could class them as a punch drunk lot!
And KL took advantage of their stupidity!
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written by Alarka, October 26, 2009 16:00:56
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written by carlitos, October 26, 2009 07:40:32
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written by Rainbowseahorse, October 26, 2009 01:34:55
I too think your point has merit that Malaysia is an illegal country due to the fact that there was no re-draft to the original agreement ( and new signatures) for the re-formation of Malaysia when Singapore was kicked out.
I wonder what the constitution and the world court has to say in this matter!
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written by Alarka, October 25, 2009 03:32:33
In fact, should North Borneo secede, I foresee productive Malaysian citizens immigrating there en mass. This brain gain along with abundance of natural resources will help Sabah's economy tremendously. This time affirmative action to help native Sabahans will be applied properly and not siphoned off to support corrupt peninsula Malaysia politicians.
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written by Mapel101, October 24, 2009 14:51:10
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written by tanakwagu09, October 24, 2009 14:47:34
Point 2: Language
c. English should be an official language of North Borneo for all purposes, State or Federal, without limitation of time
Point 6: Immigration
Point 10: Citizenship
Point 12: Special position of indigenous races
In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malays’ formula in this regard is not necessarily applicable in North Borneo.
Does this still apply? Looks like it's more all official response or letters must be BM. Immigration is worst and there even calls to abolish working pass frm WM to Sabah. Citizenship was given out easily to the PTIs and the special rights of the indigenous race should be enjoyed? Was there any? I hope there is any.
This is why the 20-points safeguard should be protected but the questions is do the Sabahan MPs even remember these 20-point safeguard?
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written by Avex09, October 24, 2009 14:05:58
I'm not surprise if Sabahan and Sarawakian people go to Brunei or Singapore to work. Seems like the 20-points is not working. Even some of the EM are starting to be and sound like WM. We are doom! Soooo doom!~
Abolish this 20-points means abolish our rights and that was suggested by the idiot Datuk Harris who said the 20-points safeguard are no longer applicable.
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written by Pangkis Pangazou, October 24, 2009 04:40:15
A new Malaysian Agreement should have been drafted (and signed) to represent the the three remaining signatories. But there was none drafted or signed. So, if the original Malaysian Agreement was null and void... then Malaysia is an illegal nation. In this case Malaysia does not even exist legally!
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written by bikerzon, October 23, 2009 19:13:29
Just see 20 point agreement... i rest my case
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written by adamckteh, October 23, 2009 03:49:31
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written by semangat63, October 22, 2009 23:55:01
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written by Davy McChester, October 22, 2009 17:55:55
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written by letsbefair, October 22, 2009 16:30:09
Those in the federal government and those in UMNO will be unsettled by all these talks of rebellion and if they feel it is too sensitive they may use these as an excuse to clamp down!
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written by borneoman, October 22, 2009 16:00:55
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written by letsbefair, October 22, 2009 12:58:03
All this was possible because of oil wealth and nothing else!
Without petro-dollar it would have been different and as you can see Terengganu could have been another Brunei if she was independant!
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written by letsbefair, October 22, 2009 02:55:00
Yes, the government there can be considered as racist but the fact that the standard of living is higher cannot be denied.
And yes. The country is more Islamic than Malaysia. That is also true but that is a seperate issue.
I know of Chinese who go there to do business and make good money whether they are from Malaysia or even Singaporeans.
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written by ultraman_dyna, October 22, 2009 01:52:47
I honestly doubt the non muslims in Brunei would agree 100% to your comment.
Speaking from an ivory tower with facts taken from wiki is definitely a weak statement.The grass is not always greener on the other side.
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written by Siapabohong, October 21, 2009 22:25:10
First KL and now Putrajaya is like a cancer. Eating away all those rights we once agreed upon and had, ala the federal constitution.
Guess who changed all that? A certain Dr comes to mind!!!
The corrupt past present leaders of Sabah & Sarawak must be blamed. They are the one who have sold out Sabahan and Sarawakian. But the Sabahan and Sarawakian at large still do not realise that their rights are slowly melting away and nor really taking any action to stop the melting!
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written by krising1, October 21, 2009 18:53:26
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written by letsbefair, October 21, 2009 18:44:49
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written by pkler, October 21, 2009 18:27:13
*our politicians, when in BN don't harp on about our rights, only when they are in opposition. This is not meaningless, it means that while we are represented by BN, we cannot hope to get our rights back.
*people of Sabah tend to distrust PR. This is not a flippant comment-many assume that not being happy with BN suggests that we will automatically vote PR. The reality on the ground suggests this is not the case at all, as we distrust Anwar, PAS and people like Jeffrey Kitingan, who must be the world's best serial party hopper.
*we are too easily swayed by parochial politics: means that divide and rule politics work well in Sabah. Once a politician blames illegal immigrants or west m'sians for something, we forget our grouse with him/her. This is dangerous, and suggests that PKR had better ensure their leader in Sabah is a local, ASAP until we change our mentality.
*PR said it will implement the 20 Points-in doing so they spoke of issues like oil royalties. Silent on religion though. And how can they? PAS wants an Islamic nation, but the 20 Points makes it clear it does not apply to Sabah. If Point 1 of 20 does not get the approval of PAS, then the 20 Points is not honoured by PR. But will PAS ever agree to that? Or maybe even PKR won't.
Hardly meaningless comments. But you also could better serve the debate by offering suggestions apart from stating that our pollies should serve us better as well. That is starting the bleeding obvious after all. How they could do that, and how we could ensure they do it would bring meaning to the comment itself.
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written by G kembong, October 21, 2009 17:28:07
or see: selvarajasomiah's weblog
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written by malgal, October 21, 2009 15:50:03
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written by hellosunshine, October 21, 2009 15:02:01
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written by Prince Vincent, October 21, 2009 14:32:29
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written by Melly, October 21, 2009 14:20:00
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written by Melly, October 21, 2009 14:06:56
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written by sydput, October 21, 2009 14:00:58
The existing educational system of North Borneo should be maintained and for this reason it should be under state control.
c. English should be an official language of North Borneo for all purposes, State or Federal, without limitation of time
This particular part can be very lucrative if they were to apply english education. Students from peninsular will rush into their schools. Good for reverse integration. Plus, they may also introduce their syllabus into schools in the peninsular, have their seperate exam systems etc. This is like telling the ketuanans in out education ministry to "f off". If this is not possible, maybe they can introduce learning via internet for the many pupils who wishes to stay home for schooling.
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written by ibat, October 21, 2009 13:40:03
Will some professor of history now rewrite the history, geography, civics text books and include these facts for civil service induction courses in Malaya!
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written by loosecannon, October 21, 2009 13:33:51
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written by pkler, October 21, 2009 12:58:11
Point 1: no official religion in Sabah has been ignored from day 1. I cannot imagine PAS agreeing to it, so how can PR then claim to honor the 20 Points?
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written by tompipi49, October 21, 2009 12:45:57
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written by OilMan, October 21, 2009 10:50:35
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written by rocky, October 21, 2009 08:14:35
Point 1: Religion
While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo.
what does this mean?
Looks finance and education is decided by sabah and sarawak and english is official language unless they amend the constitution.
Interesting. If UMNO/BN plays game, looks like they will lose the fix deposit. Poor PM if that happens.
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written by axppin, October 21, 2009 07:56:06
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Because being called stupid is less offensive than to be called cheap! For RM50 each, BN can collect as many Sabah ICs as possible to vote at all the elections. Oops I might be wrong , perhaps it was RM100?
I suppose it was rather unfortunate that Mr Lee who was being groomed by the then British Governor Turnbull, to be the first Prime Minister of North Borneo, died.
After that everything went downhill when Donald Stephen, a third rate journalist and owner of Sabah Times , who first objected to the formation of Malaysia, was later bought over by Tunku with a signed blank check!
Then the CM Peter Lo, a big-shot lawyer, was unseated by USNO Mustapha, uneducated, and a prewar office boy at Harrison & Crosfield and a gurillas fighter.
Mustapha was not all bad as he set up the Sabah Foundation where every few years a few hundred bucks were given to each Sabahan an a share of the booty. Unfortunate for Mustapha, S. Kerchik his right handman were feathering his nest, i.e. buying NT land and converting them and skimming off the Foundation's timber sales!
Then Mustapha understudy, Haris under Berjaya , a party set up by Musa at a KL bar toppled Mustapha. Mustapa should have sent Haris to Kepayan when he was caught for corruption and instead should not have sent him to England to study, aka to cool his heels until the case blew over!
Well Haris run the State as if it belonged to him and gave away Labuan in order to protect his land and Bentley.(Haha the Golf Club??).
Haris sacked Joe who got in the way! It was inevitable that he would be toppled by Joe Pirin and his new Kadasan party. Why? Because the bagman, William Lim, who was carrying the RM10 million for buying the ICs and votes in Beaufort run off with the loot. So no RM50, therefore no vote for Haris, who was defeated by an unknown information officer!
Well Joe Pi was a good man, but unfortunately his Hainam wife and brother-in-law were rather hungry. Well they were toppled by BN! Meanwhile Sabah Foundation went bankrupt on the RM500 million Sabah Forest Product project which actually cost RM50 million.
Well have I said enough? Ask yourself how can Sabahan let all this happened? Is Sabah so unlucky as to have suffered 45 years under various corrupted leaders?
Well the uncomfortable fact is that you can buy a vote for RM50 to 100 in Sabah! So is Sabahan generally stupid or cheap? You take your pick.
But not all gutless, as Jeffery tried to hire Mike Haory to free Sabah from West Malaysia. He was caught redhanded and went on a free ISA holiday until he recanted