KOTA KINABALU: Prof Dr Shad Saleem (pic) said Sabah and Sarawak are not nations but states in the Federation of Malaysia, according to the Malaysia Agreement 1963 but that they are special.“Sabah and Sarawak’s cultural and religious distinctiveness from Peninsular Malaya justifies special treatment.“Sabah and Sarawak contribute huge territories and massive resources to the federation. Their combined area is 198,069 sq km, exceeding Peninsular Malaysia’s 131,681 sq km.“The coastline of the two states is 2,607 km compared to the peninsula’s 2,068 km,” Prof Dr Shad Saleem said.

“Sabah and Sarawak are not states but nations is a rhetorical claim and has no legal basis.” Prof Dr Shad Saleem stressed. “Sabah and Sarawak are referred to in historical documents like the Malaysia Agreement 1963 as ‘States’ and not as nations.“Admittedly, they had acquired independence from the British few weeks before Malaysia Day (Sept 16, 1963), but the Malaysia Agreement 1963 federated them with Malaya as states of the Federation.“The Cobbold Commission Report, the IGC, the 20 and 18 points and the Malaysia Agreement are historical documents of great significance. But they are not law under Article 160 (2) of the Federal Constitution,” he explained at a recent forum “Reimaging the New Federation of Malaysia” organised by Seeds.He said only the Federal Constitution matters concerning authority on the status of Sabah and Sarawak.Prof Dr Shad Saleem explained that the Federal Constitution was amended significantly in 1963 to accommodate the demands of the new states in East Malaysia for more autonomy.“Eighty-nine out of 181 Articles and 12 out of 13 Schedules of the Federal Constitution were amended.

“Thirty-seven new Articles were inserted into the Federal Constitution. Nearly 139 changes were incorporated into the 1957 charter to define Sabah and Sarawak’s special relationship with the federal government.“There is no legal basis for the claim that Sabah and Sarawak are equal to the 11 peninsular states combined.”Prof Dr Shad Saleem was seemingly on the same page view as that espoused by Tan Sri Pandikar Amin, another speaker at the same event.According to Pandikar, Tunku Abdul Rahman once said: “When I said federation with the Borneo Territories (Brunei, North Borneo and Sarawak), I mean that they should be the same as the other states of Malaya. We have 11 states that form the Federation of Malaya and if the Borneo Territories decide to come in there will be 14 – all enjoying absolute equality, one with the other.”He said that the recent Article 1 (2) amendment attempt that failed to be passed in the Dewan Rakyat was not intended to create a new federation but to be the first step to restore the arrangements of 1963.“There are undoubted tensions. They can be resolved if we can rekindle the spirit of accommodation of 1963.“As a first step, the existing provisions should be studied carefully to see what they say. Once a broad consensus is achieved, the provisions should be enforced strictly.“The next step could be to polish up, amend the existing laws to meet new aspirations,” Prof Dr Shad Saleem opined.Speakers concurred that Article 1 (2) amendment attempt was rushed without much consultations with Sabah and Sarawak governments and MPs.

Source : Daily Express by David Thien