Don’t rush into amending Federal Constitution on Sarawak rights, party chief tells MPs

KUCHING, March 11 — Federal lawmakers from Sarawak are urged today to exercise due diligence in studying the proposed change to Article 1(2) of the Federal Constitution that seeks to restore Sarawak’s status as an equal partner to Malaya in the formation of Malaysia.

The Bill is due to be tabled in the current session of the Dewan Rakyat.

Sarawak Reform Party (STAR) president Lina Soo said any constitutional amendment should not be a change that contravenes the Malaysia Agreement 1963 (MA63).

Soo referred to Clause (B) of Article 4(2) of MA63 Annex A in reference to Sarawak and Sabah as Borneo States.

Article 4 was later incorporated into the Federal Constitution as Article 1.

She said the two Borneo states must not be referred to as territories in the proposed amendment to Article 1(2) of the constitution.

“To change the word ‘State’ into any other word such as ‘Wilayah’ or ‘Territory’ would be questionable as the Borneo States as used in MA63 means a Nation-State and country as in the general usage of the word in English,” she said.

Soo said Sarawak and Sabah were countries when they formed the Federation of Malaysia with Malaya and Singapore in 1963. Singapore was later expelled in 1965.

She urged the Pakatan Harapan (PH) federal government not to stop at Article 1(2), but to proceed to amend and repeal all federal legislation that altered MA63.

“All federal laws which compromise the rights of Sarawak under MA63 must be expunged from the Federal Constitution or added with a proviso to state that the federal law shall not apply to Sarawak,” she said.

Soo cited the Petroleum Development Act 1974 and Territorial Sea Act 2012 as examples which have altered Sarawak’s political boundary and violated its rights as landowner holding all economic rights to the resources including oil and gas upon the land and seas.

“On top of that, Sarawak must be compensated for the wealth lost to the federal government and Petronas as a result of these federal laws which are unconstitutional and cannot be applied to Sarawak under MA63 and Federal Constitution provision and protected rights,” she said.

Soo also urged the state government to table a motion in the Sarawak State Legislative Assembly to officially reject PDA and TSA.

She said it is not enough for the state government to just state that it does not recognise PDA and TSA, but does nothing in black and white.

Soo said there should be official legal records, such as the Hansard of the Sarawak Legislative Assembly, to confirm that the state government rejects PDA and TSA.

She said she will write to the state government to table the motion in the state assembly.