Article 2(1): Reimagining the New Federation of Malaysia

First of all I would like to thank all the panellists for coming to this forum - and thank you to all of you who come from near and far to participate in this event. 

The topic of the forum today is on the issues surrounding the proposed amendment to Article 1(2) in the Federal Constitution. More specifically, we are here today to discuss the implications of the proposed amendment to the Federation of Malaysia. 

If you read the book written by Stockwell on the declassified documents on the formation of Malaysia, the word federation is mentioned several times. There are discussions and debates between the colonial leaders on government system and the nature of the association between the Borneo Territories and Malaya. 

The words  'confederation' and 'super-federation' are also mentioned. But there is a great dilemma facing the colonial leaders in allowing the Borneo Territories to be 'independent' if confederation or super-federation is chosen as a framework for governance for the new country. Obviously, their main concern is security. 

So, a federal system is seen as ideal for a number of reasons. First, incorporating the Borneo Territories into the existing Federation of Malaya would save the British time and money. Second, the existing Federation of Malaya allows for the Central Government to usurp the power of the constituent units. Moreover, international affairs and defence come under the jurisdiction of the Central Government. 

The Malaysia Agreement 1963 Article 1(2) states that 'The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya...'

Now, this particular Article can be seen in a number of perspectives. For some, Sabah and Sarawak came as separate entities to be 'federated' with the Federation of Malaya. So, they argue that instead of existing as mere states like the other states in the Federation of Malaya, Sabah and Sarawak in fact formed Malaysia with the Federation of Malaya as 'equal partners' - some say as independent 'territories' or 'regions'. 

The Federal Constitution states that 'the states of the Federation shall be Johore'... all the states including Sabah and Sarawak written in one paragraph. 

Before the amendment in 1976, the Constitution stated that the Federation shall be a) the states of Malaya, b) the Borneo states and c) Singapore. So instead of putting all the states in one paragraph, sub clauses were added for the Borneo states and Singapore. Some look at this to signify the 'status' of the Borneo states and Singapore. Others argue that this is not more than differentiating the states in Malaya and those in Borneo due to their distinct geographical, cultural and historical background. 

The proposed amendment to Article 1(2) is an attempt to 'reinstate' the original description of the Federation of Malaysia. For most people, the reinstatement would allow Sabah and Sarawak to reclaim their equal partners status. 

So, this brings us to another issue of defining the concept of 'equal partnership' in the context of the Malaysia Agreement and the Federation of Malaysia. I leave it to the panellists later to construct and deconstruct the concept. 

But the main purpose of this forum is to discuss the implications of this amendment to the structure of the Federation of Malaysia. I watched the debate in parliament with great interest. But what is obvious is that our MPs are divided. While the PH MPs supported the amendment, those from the GPS showed their reservation and abstained from voting. The UMNO and PAS MPs in particular raised their concern as well. I remember one particular MP from Peninsula Malaysia saying, if Sabah and Sarawak insist on being equal partner, the same status must be accorded to the states in Peninsula Malaysia as well. This means giving them the same power and rights granted to Sabah and Sarawak in the Federal Constitution. 

To conclude, I would like to share with you an analogy that I have always used to describe Malaysia. It is like a new house. A house that is still being built, renovated, refurbished - or whatever words you want to use. The occupants have many ideas on how they want the house to be built - where to put he door, the window, the living room, etc. It is a nice house. It has a strong foundation. It has stood the test of time. Just like any other houses, this house is full of defects. But thankfully despite its many weaknesses, the foundation and the structural integrity of the house remain intact. If the house is to remain strong and stable, each of the occupants must be given a role to address the defects. 

SEEDS is here to offer our time, energy and all the things that we know to build a stronger, successful and progressive Sabah and Malaysia. 

On that note, I wish the panellists and all the participants a fruitful and intellectually stimulating forum ahead. 

Thank you.

*Delivered at the opening of the forum on "Article 2(1): Reimagining the New Federation of Malaysia" organised by SEEDS Sabah.