Sarawak’s rights as in MA63 non-negotiable

KUCHING - The Sarawak government will ensure that special rights for Sarawak as entrenched in the Federal Constitution in accordance with the Malaysia Agreement 1963 (MA63) are protected and safeguarded.

Stressing that they are strictly non-negotiable, Chief Minister Datuk Patinggi Abang Johari Tun Openg said these special rights include immigration autonomy; rights to taxation powers like the imposition of State Sales Tax; port dues for state ports; royalty for minerals and timber etc; rights to natural resources including land; protection of the state’s boundaries which extend to the Continental Shelf of Sarawak; and the right to formulate the state’s own Development Plan and declare its own development areas under Article 95E of the Federal Constitution.

Abang Johari said he was awaiting the views and proposals from the Consultative Committee, established by this august House, on what have been the breaches or non-compliance with the terms of MA63 and the constitutional safeguards of the special rights, interest and position of Sarawak and how these should be remedied by the federal government; and whether the performance of the federal government in regard to the subject matters, which under MA63 and the Inter-Governmental Coommittee (IGC) Report are placed under the Federal Legislative List and over which they have executive authority, have satisfied the expectations and aspirations of Sarawakians, and if not, what measures must be taken to address such unsatisfactory performance, including, but not limited to, the transfer of executive authority under Articles 80(4) and (6) and Article 95C(1)(b) of the Federal Constitution over these subject matters to the state government.

“I wish to assure this august House and the people of Sarawak that I and the state GPS government will unreservedly defend, protect and reclaim the rights belonging to the state as agreed in MA63 and the constitutional instruments annexed thereto.

“We will ensure that Sarawak continues to have and be accorded the level of executive, legislative, administrative and financial autonomy that will fulfil the principle that we, the people of Sarawak, would be able to govern ourselves so that Sarawak will be a strong, vibrant and progressive partner in the Federation and capable of making positive contributions towards the economic well-being, progress, stability and unity of Malaysia,” he said in his winding-up speech.

The chief minister said 55 years after the formation of Malaysia, a review of the implementation of MA63 was timely.

He believed that over the last five and half decades, socio-economic conditions had changed, the aspirations and expectations of the people of the state as well as the development and progress of the state had risen as Sarawakians want better government delivery systems and services, better infrastructure, education and health services, more employment and business opportunities and a better future for coming generations of Sarawakians.

Hence, he said, the state government had agreed that the implementation of MA63 should be reviewed by a committee similar to the Inter-Governmental Committee in its set-up.

“I am pleased that this august House has on 6th November passed a motion which supports the state government’s stand on this important issue,” he said.