Tourism Tax Fiasco: Good Policy Turns "Bad"

The recent spat between Minister of Tourism Nazri Aziz and his Sarawak counterpart Abdul Karim Hamzah is not about the Sarawak/Sabah government against the federal government or the people of East Malaysia against the people of Semenanjung as many people think it is. It is about the way Nazri responded to Karim who wanted the Tourism Tax to be deferred in Sarawak as “local concerns” must be taken into consideration before the tax is implemented. The same concern was raised by a senator from Sarawak, Zaiedi Suhaili, during a debate in the senate. As soon as Nazri fired his first salvo against Karim, calling him “samseng” (thug) and “setahun jagung” (greenhorn), all hell broke loose. Sabah and Sarawak leaders, joined by thousands of social media users, criticised Nazri for his remarks against Karim. Some went further by saying that the Tourism Tax is “illegal”, an attempt to undermine the Malaysian Agreement and to erode Sabah’s and Sarawak’s rights in the federation. But is this the case?

Tourism Tax falls under the federal government's jurisdiction after it was included as part of the items in the Federal List in 1994. The federal government has the legal right under the constitution to impose tax in the federation. Sabah, prior to the formation of Malaysia, gave up its right over taxation (except sales tax) in replacement for Special Grant as stipulated in Part Four of the Tenth Schedule of the Federal Constitution. Does the Tourism Tax undermine the Malaysian Agreement? Does it erode Sabah’s and Sarawak’s rights? Some in the legal fraternity don’t think so as there is a clear demarcation of power between the federal and state governments as stipulated in the Federal, State and Concurrent List. The onus is on Sabah and Sarawak to include tourism as part of their jurisdiction in the future through the country’s legal and constitutional process.

The next issue raised by many is, were Sabah and Sarawak properly consulted before the parliament debated the Tourism Tax Bill? If by consultation here we mean providing the avenue for Sabah and Sarawak leaders to give their opinions, there is a platform for them to do so through a debate in parliament. But according to Hansard record, only Darell Leiking, a member of parliament for Penampang in Sabah and Zaiedi Suhaili, a senator from Sarawak, took part in the debate. What could be the reason for the “absence” of Sabah and Sarawak lawmakers from such an important debate? Crucially, only Nazri and the Ministry of Tourism can explain whether Sabah and Sarawak tourism officials/stakeholders were involved in discussions at the departmental/ministerial/grassroots levels prior to the tabling of the Tourism Tax Bill.

It looks like the issue is not about the Tourism Tax per se but the importance of a clearly established and transparent line of communication between federal and state officials in the course of formulating and implementing a policy. By the way, given proper implementation and monitoring, the country will stand to benefit from the Tourism Tax (as explained at length in the Hansard). Knowing Nazri, many are not really surprised by his “legendary” outburst but being a senior minister or “anak jantan” as he likes to call himself, he should by now know that it is not just what you say that matters but how you say it.

Nation has lost a statesman

All he wanted to do was to spend more time with his family and retire gracefully from politics, but the call of duty obligated the late Tan Sri Adenan Satem to leave the comfort of his private life to helm one of Malaysia’s most geographically-challenging and culturally-diverse states. After taking over as Sarawak’s chief minister from “strongman” Tun Abdul Taib Mahmud (now the Yang di-Pertua Negeri) in early 2014, Adenan did not wait long to introduce a slew of people-oriented policies, such as abolishing tolls, lowering ferry fares, reducing electricity tariffs, recognising the UEC (Unified Examination Certificate) and defending Sarawak’s constitutional rights. 

He demonstrated to Sarawakians that he could deliver through his “53 principles and actions”. In less than two years in power, Adenan’s popularity soared and he enjoyed strong support from Sarawak’s multicultural and multireligious communities. He distinguished himself as a people-oriented leader, who was willing to take actions for their cause. He broke barriers by presenting himself as the people’s leader. Adenan could be seen everywhere, be it at a restaurant enjoying his favourite food, at an airport waiting for his flight, or at a pasar just like what the ordinary people do. And, he did this without the company of bodyguards or personal assistants. In short, Adenan could mingle with just anybody, irrespective of race, religion and social class. Having earned the respect and admiration of Sarawakians, Adenan went to the 2016 state polls with the ambitious agenda of winning big for ruling coalition Barisan Nasional (BN). 

Some, however, were pessimistic about Adenan’s chances given the people’s lackadaisical attitude towards BN. Others were not confident that the “Adenan factor” would be decisive enough to bring back the Chinese votes to BN. Despite the attempts by the opposition to undermine Adenan’s popularity, they admitted that he was a formidable force behind BN’s campaign strategy. A seasoned, witty and strategic politician, Adenan capitalised on the opposition’s weaknesses by addressing the issues they raised head on and by cleverly “seizing” their “Sarawak for Sarawakians” sloganeering. Adenan showed that his demands for autonomy were not simply rhetoric by presenting to Prime Minister Datuk Seri Najib Razak the state’s demand for autonomy in 13 administrative areas. Adenan’s presidential style of campaigning worked like magic. The BN won 72 of the 82 seats contested. The PBB (Parti Pesaka Bumiputera Bersatu), the largest party in Sarawak led by Adenan, made a clean sweep, winning all 40 seats it contested. He also proved his critics wrong by winning five seats formerly held by the opposition. The Adenan factor proved to be decisive in breaking DAP’s dominance in the Chinese-majority areas. 

It is not an understatement that BN won in Sarawak because the people trusted and had confidence in Adenan. Indeed, Adenan’s successor will have big shoes to fill. The immediate challenge will be to effectively implementing Adenan’s “53 principles and actions” and fulfilling his autonomy demands for Sarawak. Adenan will be remembered as one of the rare leaders who achieved so much in such a short time. He reminded us that those in power ought to do the right thing for the ordinary people. He will be remembered as the person who broke the barrier between the leader and the led. We will remember his chants of “oh... ha” and “you… you”, which were uttered not without a purpose: Adenan wanted to tell us that he is part of us and without us, he is nobody. For Malaysia, the country has lost a statesman, who despite his persistent demands for autonomy, still believed in the preservation of the federation. Adenan strove to maintain the integrity of the federation by reminding us that Sarawak (and Sabah) did not join Malaysia, they formed (together with Malaya) this beloved country of ours. 

Rest in peace, Tok Nan.

Arnold Puyok
Kuching, Sarawak.

Source: http://www.nst.com.my/news/2017/01/203925/nation-has-lost-statesman

GALVANISING SABAH OPPOSITION NOT AN EASY TASK, RECKONS LECTURER

KOTA KINABALU: A political analyst reckons that Sabah’s fractured opposition will continue to remain divided even with former Umno vice president, Datuk Seri Shafie Apdal offering a new game.

Unimas (University Malaysia Sarawak) lecturer, Dr Arnold Puyok observed that Shafie is unlikely to spark off a united opposition front despite early signs of warming up to his entry in to state politics.

“In electoral terms, as for now, it is going to be Barisan Nasional versus all the warring parties that includes Shafie’s (yet to be named and launched) party, Datuk Wilfred Bumburing (Parti Cinta Sabah), Datuk Dr Jeffrey Kitingan (STAR Sabah), Datuk Lajim Ukin (Sabah PKR) and to some extent, Datuk Yong Teck Lee (Sabah Progressive Party).

He reckoned that Shafie who is teaming up with former PKR vice president Darell Leiking to lead the new local based party will face a “tall order” in cobbling together the divided local and national opposition in the state.

“Without fresh leaders with more pragmatic alternative policies, the so-called local opposition alliance will only be good at splitting the votes but not at giving an alternative voice to Sabahans,’’ Dr Puyok suggested.

“If the new local party wants to win support along the issues of state rights, what difference can they make as the Barisan is also taking on local issues like never before,’’ he said.

He also felt that both opposition PKR and DAP were still relevant in Sabah politics as they had won more seats in the last general elections as compared to the local based parties.

“The fact that the DAP and PKR managed to win seats in the last elections shows that Sabahans are willing to vote beyond local parties. It is lack of vision to develop Sabah within the federation of Malaysia and poor leadership that cause the DAP and PKR to lose popularity,’’ he added.

Several PKR and DAP assemblymen are widely speculated to join Shafie’s party that is to be launched sometime next month.

Dr Puyok also opined that Shafie himself lacked the alternative vision for Sabah and there was a general apprehension about his agenda in returning to state politics that will see many watching him but remain non-committal.

“So far, we have not heard anything new from Shafie as far as the fight for Sabah is concerned.

“Shafie was a former pro-federal leader with little grassroots influence in Sabah. Shafie’s sudden u-turn will put him in an awkward position among Sabah regional champions,’’ he added.

He said issues of who is going to lead the new Sabah-based opposition coalition and whether the local opposition would be willing to contest under a common symbol would be tough to resolve.

A source close to Shafie has disclosed that the Semporna Member of Parliament has been in contact with his fellow opposition leaders, both in Sabah and at federal level, to try and work out an understanding so as to prevent multi-cornered fights in the forthcoming general elections.

Source: http://www.borneotoday.net/galvanising-sabah-opposition-not-easy-task-reckons-lecturer/

How far can Shafie go?

Shafie Apdal, who withdrew from UMNO recently is trying hard to revive his political career. It must have been tough for him, now that his political career is hanging in the balance. There have been a lot of talks lately about Shafie’s next move. Will he form a new party and align himself closely with local-based opposition parties? Can Shafie make a difference during these tiring times in Malaysian politics especially Sabah? 

Like Sabah PKR chief Lajim Ukin whose support his confined within his Bisaya stronghold in Beaufort, Shafie’s base support is mainly concentrated in the East Coast and Semporna proper. During his heyday as federal minister, Shafie spent most of time juggling between his ministerial and party duties at the federal level. Through a combination of strong family ties and patronage protection, Shafie cultivated an almost unbreakable relationships with the Bajau and Suluk electorates in the East Coast. 

Outside the East Coast, however, Shafie is persona non grata. Unlike other UMNO leaders such as Musa Aman, Salleh Said and Masidi Manjun, Shafie have no affinity with the Kadazandusun generally. This is one of Shafie’s main weaknesses. 

Securing the support of the Kadazandusun in particular is important as they collectively represent roughly between 30-40 percent of Sabah’s total population. Shafie’s close association with the KDM  (Kadazandusun) Malaysia is seen as his attempt to win the support of the Kadazandusun. But the Kadazandusun mainly see the KDM Malaysia as an outfit to weaken the Kadazandusun support to KDCA (Kadazandusun Cultural Association) and the PBS (Parti Bersatu Sabah). Without a clear vision and credible leadership, the future of KDM Malaysia remains uncertain.  

Most Kadazandusun are with the KDCA and USDA (United Sabah Dusun Association) — two of the oldest and more popular Kadazandusun-based associations. The latest addition is the MNC (Momogun National Congress) that is gaining popularity for its pragmatic socioecomic empowerment programmes. Without strong Kadazandusun support base, it will be difficult for Shafie to widen his grassroots support outside the East Coast.                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                                     

Shafie’s next challenge is to form an alliance with local-based opposition parties. This will not be easy as Shafie is long known for his pro-federal policies. Shafie’s sudden u-turn could backfire as many see it as his attempt to revive his fading popularity. The questions are: what difference can Shafie make? Will he propose different if not more innovative policy prescriptions for a better Sabah? Or, will he simply promote the “Sabah for Sabahans" battlecry without offering anything constructive in return for Sabahans?  

With the clock ticking, Shafie is racing against time to make his next move. It is possible for Shafie to form his own party or take over any of the existing parties in Sabah. Recruiting new members and making the new party relevant to Sabahans will be Shafie’s main challenge. If Shafie succeeded in forming an alliance with local-based opposition parties, what policy platform would the alliance promote and who would lead it? 

Whether he likes it or not, Shafie, the new “Sabah champion”, will have to join the other local champions long known for their anti-federal and strong regional outlook. While many in Sabah have welcomed Shafie’s return to state politics, others have this to say to him: “all the best gaman”.

Najib's political headache

These are tiring times for Malaysian Prime Minister Najib Razak. Najib has so far managed to stay in power despite the flurry of attacks on his leadership. Political debacles have almost cost Najib his prime ministership and the popularity of the ruling coalition Barisan Nasional (BN). Facing the prospect of losing the people’s mandate in the 2018 general election, Najib is racing against time to regain public confidence.

Earlier in 2015, an expose revealed a controversial 2.6 billion ringgit (US$700 million) ‘donation’ into Najib’s personal account. This was initially attributed to Najib siphoning funds from the 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned development company. Najib appeared on television to answer questions from critics and gave point-by-point rebuttals to the 1MDB controversy.

But these have failed to assuage public dissatisfaction. Some critics still believe that Najib siphoned public funds from the 1MDB — even though that allegation has not been proven in court or by independent audit firms. Najib is now left with the CEO of the 1MDB Arul Kanda to address the misconception toward the 1MDB and to implement a rationalisation plan in order to reduce its debt.
Najib’s problems do not end there. The 2.6 billion ringgit in his personal account has dented his reputation further, even though the Malaysian Anti-Corruption Commission has evidence that the money was from a donor, not the 1MDB. Critics are still unhappy as questions such as what the money was for, and whether there were any strings attached, have not been answered.

The person who has launched a major ‘crusade’ to end Najib’s political career is none other than Najib’s predecessor-turned-nemesis Mahathir Mohamad. Mahathir — the ‘PM slayer’, as one author has put it — is the single most potent force behind the campaign to oust Najib. The 90-year-old former premier’s allegations against Najib are not without defect, but many think that Mahathir is telling the truth.

After 22 years of entrenched rule in Malaysia, Mahathir is seen by some as the ‘knight in shining armour’ that could save Malaysia from Najib. Even though the prospect of Mahathir making a comeback is next to impossible, he still has influence in the United Malays National Organisation (UMNO), Mahathir and Najib’s political party. Anti-Najib party members are supporting Mahathir either openly or secretly. While most UMNO divisional leaders are firmly behind Najib, this may change depending on the momentum of the anti-Najib movement in UMNO.

Although he is criticised and mocked on the home front, Najib has scored some brownie points on the international stage. In the aftermath of the MH17 crash in July 2014, Najib negotiated deftly with pro-Russian rebel leaders to allow rescuers to extract bodies and to secure crucial flight information from the crash site in eastern Ukraine.

Najib has to also play a tough balancing act dealing with China and the United States — the two major superpowers arguing over territorial disputes in the South China Sea. Najib has established good ties with both countries by allowing both American and Chinese naval ships to use Malaysian ports for transport or military training purposes.

So, can Najib and the BN survive the general election in 2018? The answer to this question depends on how Najib and the ruling party react to calls for reform. Before attempting to address Malaysia’s domestic impasse, it is important for Najib to exert a stronger and firmer hold on the government, especially the civil service. The civil servants are the key to the success of Najib’s ‘transformation agenda’. But some civil servants are bent on Najib’s downfall. Many sensitive government documents have been leaked on social media and opposition leaders have used them to attack the government.

The BN should learn from Singapore’s People’s Action Party (PAP), which won the 2015 Singapore general election. Its success taught a valuable lesson to incumbent governments around the world about securing electoral victory in the face of growing public disenchantment. The key to winning is to boldly address public concerns by making tough policy decisions. In the 2011 election, the PAP won with a popular vote of only 60 per cent — the lowest it had ever recorded in its 60 years of history. It reacted proactively to public criticism, and changed many of its policy positions on issues such as affordable housing, immigration and economic stagnation. In September, the PAP won the election with 69.9 per cent of the popular vote.

The PAP’s major electoral victory in Singapore shows that a dominant party system is still alive in Southeast Asia. In Malaysia, the BN lost its two-thirds majority in 2008 and 2013. There is a real possibility that its popular support will dip further in the coming election. It is important for Najib and the BN to display some real leadership in addressing people-oriented issues.

Najib should push for good governance and take matters of public interest to heart. The goods and services tax has forced more people to dig deeper into their pockets despite rising prices of essential goods and housing. The most hit economically are young middle-income professionals and graduates. While the 2.6 billion ringgit donation, the 1MDB and Mahathir’s challenge are major headaches for Najib, they will not matter much in determining his and the BN’s future in Malaysian politics.

First published on East Asia Forum (http://www.eastasiaforum.org/2015/11/26/najibs-political-headache-2/)

The rise of Adenan and leadership

It is rare to see a leader who has achieved so much in such a short time. John F Kennedy, Martin Luther King, Abraham Lincoln and the likes are among leaders who have done remarkable things before their reign of power ended abruptly.

The newly minted Sarawak chief minister Adenan Satem has been chief minister for less than two years, but yet, he has done many things that have earned him respect and adoration.

Adenan did not wait long to tell the people that he meant business after assuming power from “strongman” Abdul Taib Mahmud. He declared a war on illegal logging, stopped new timber and plantation concessions, and spoke critically against racial and religious extremism. Adenan has quickly distinguished himself as an “unorthodox” politician in mainstream Malaysian politics.    

If the recent survey by Merdeka Centre is anything to go by, it is clear that Adenan is a popular leader among the people of various demographic backgrounds. With such popularity, would Adenan be able to repeat – or to do even better – electorally than his predecessor? It may be too early to say but most analysts agree that as long as Adenan is at the helm, Sarawak will be in the BN’s good hands.

Most people in Sarawak will tell that they like Adenan and will vote for him. They do not mind if Adenan is still supporting Prime Minister Najib Razak or the BN. As far as they are concerned, it is Adenan’s leadership that really matters. Adenan’s decision to attend the highly anticipated IACC conference has elevated his name further with some hoping him to take a more prominent national role to improve the government’s diminishing reputation. 

Adenan also appears to be popular in Peninsular Malaysia and Sabah. I met people in Peninsular who told me they liked Adenan for “doing the right thing”. In Sabah, people hold Adenan in high regard for speaking up for Sarawak’s rights in the federation. During one of his visits to Sabah, he remarked that he admired Sabah’s forestry conservation efforts, but was quick to say that Sarawak not would follow Sabah in allowing the influx of foreigners – especially illegal immigrants -- into the state.

While it is too early to assess Adenan’s electoral chances and whether or not Sarawak’s future will be brighter under the 71-year-old leader, Adenan’s rise to power can tell us why there is so much excitement about the new Sarawak chief minister. 

Adenan’s promising return came at the time when people were losing trust in the government and wanted good leadership from political leaders. They wanted the government to be more open, to tackle corruption head-on and to lead with a strong sense of accountability. After taking over as chief minister, Adenan came to portray himself as a leader who understood the people’s expectations.  

Of course, they are people who say that Adenan’s populist approach is not more than an attempt to shore up support for the upcoming state election. Whether or not this is the case, Adenan’s rise to prominence shows us that the people want good leaders from both sides of the political divides.

The ruling government must accept the fact that only with good leaders and leadership will they be able to regain the trust and confidence of the people. In the same way, the opposition must not be too excited about changing the government as without good leaders and leadership, their so-called agenda of reform will go nowhere.  

The ruling government and opposition must train leaders with the heart of building the nation based on the principles of good governance and accountability. Adenan may not be a perfect leader, but he deserves our praise for doing what is right for the people and the country.

Sabah and Sarawak not "colonised" by Malaya

APRIL 7 — Some leaders and NGOs claim that Sabah and Sarawak are colonised by “Malaya”. Malaya here refers loosely to the federal government (or people from Peninsular Malaysia). 

The general definition of “colonisation” is “the action or process of settling among and establishing control over the indigenous people of an area” or “the action of appropriating a place or domain for one’s own use.” 

Sabah and Sarawak are said to be colonised by Malaya by way of Malaya’s “political domination” and “control” in East Malaysia. Some also equate Sabah and Sarawak with the situation when they were under British colonisation. 

Is it true that Sabah and Sarawak are colonised by Malaya? 

It cannot be denied that in certain aspects, there is a tendency by the federal government to centralise power. This has been amply recorded in various academic literatures. 

But centralisation of power and colonisation are completely two different things. To say that Sabah and Sarawak were “colonised” by Malaya and that Malaya should be solely blamed for Sabah and Sarawak's underdevelopment is an understatement and misleading. 

At a personal level, I can say that Sabahans and Sarawakians are not colonised by Malaya as they are capable of standing on their own feet and of charting the future of their respective states.  

Let me draw an example from personal experience. I come from the native of Lundayeh in Sipitang, Sabah. My community is so small that no one – yes, even in Sabah! – know who the Lundayehs are and where they come from. 

Those days, most of the Lundayehs were subsistence farmers and had to struggle to make ends meet. Both of my parents did not have permanent jobs so I did not expect that I would be able to make it to university due to the lack of money. 

However, I was glad that I was taught the values of hard work, importance of education, and determination in pursuing one’s life endeavour. 

So, with little financial resources, I embarked on a lifetime journey to Kota Kinabalu to attend secondary school and to Peninsular Malaysia to attend university. Gladly, I received a full scholarship from Malaya (read: the federal government). 

Throughout my university days, I saw hundreds, if not more, of Sabahan and Sarawakian students coming in droves to Peninsular Malaysia on federal government scholarships. After having successfully completed my tertiary education and now serving in one of the public universities in Sarawak, I can proudly say that Sabahans and Sarawakians are as capable as their Malayan counterparts. How can they be colonised if many have returned to Sabah and Sarawak to serve in various state and federal agencies? 

No, Sabah and Sarawak are not colonised by Malaya. Here is more evidence. There are 13 full ministers from Sabah and Sarawak in the federal Cabinet. Some of them hold important portfolios such as foreign affairs, rural development, and transport. 

If my calculation is correct, there are seven more Sabahan and Sarawakian deputy federal ministers. To say that Sabah and Sarawak are colonised when more than 30 per cent of the Cabinet members are from Sabah and Sarawak is unfathomable.  

In the Dewan Rakyat, there are more than 50 Sabahan and Sarawakian lawmakers, or more than 25 per cent of the 222 members of the august house. The Borneo Post recently reported that Sabah and Sarawak issues have gained prominence in the recent Parliamentary sitting.

There are also more Sabahan and Sarawakian holding important posts in state federal agencies. Two of the public universities in Sabah and Sarawak are headed by Sabahan and Sarawakian. I could go on and on to prove that Sabah and Sarawak are not colonised by Malaya and are in a better position now to chart the future of Malaysia together.  

So, to continue to say that Sabah and Sarawak are colonised by Malaya is akin to disregarding the capability of Sabahans and Sarawakians to think and to act independently in developing their respective states. People who continue to claim that Sabah and Sarawak are a colony of Malaya are also sending a wrong message to the young generation.  

Sabah and Sarawak cannot be colonised by Malaya under the present circumstance in which they hold the key for the ruling BN’s survival. In fact, compared to other states in Peninsular Malaysia, Sabah and Sarawak are granted more rights and privileges, which are protected by the Federal Constitution. 

So, how can it be possible for Sabah and Sarawak to be a colony of Malaya when the Federal Constitution gives Sabah and Sarawak special power to govern according to their own accord? If Sabah and Sarawak continue to be underdeveloped, they cannot continue to blame Malaya, as they are given greater role and more opportunities to participate in national development than before.   

People who say that Sabah and Sarawak are colonised by Malaya should come up with a better argument to improve Sabah’s and Sarawak’s position in the federation. The way I see it, it is a matter of people in Sabah and Sarawak not enjoying the benefits of the various pragmatic policies introduced by the federal government due to lack of implementation and bad leadership at the federal and state levels. It is time to rectify this mistake so that the present and future generation of Malaysians in Sabah and Sarawak can fully reap the benefits of the Federation of Malaysia. 

* Dr Arnold Puyok is a senior lecturer at the Faculty of Social Sciences, UNIMAS & Senior Fellow of the Society Empowerment & Economic Development of Sabah (SEEDS)

- See more at: http://www.themalaymailonline.com/what-you-think/article/sabah-and-sarawak-are-not-colonised-by-malaya-arnold-puyok#sthash.0ymo8RXQ.dpuf