CONSTITUTIONAL law expert Dr Shad Saleem Faruqi today suggested the federal government do away with the various cabinet committees on the Malaysia Agreement 1963 and have a royal commission instead.

The committees, the Universiti Malaya law professor was referring to, were the Special Cabinet Committee formed under Pakatan Harapan (PH) in 2018 and the Malaysia Agreement 1963 (MA63) cabinet committee formed by the Perikatan Nasional (PN) government when it took over power last year.

In his talk on the special position of Sabah and Sarawak under the federal constitution, Shad implied that pacifying the restiveness and discontent in the two Borneo states on the current arrangement of the federation of Malaysia is slow as the committees are partisan in their make-up.

“(Politicians) from both sides.”

He said in a royal commission, members are more neutral as they are not serving politicians and they are selected on the basis of their independence and qualification.

“In a royal commission they will only give evidence,” Shad Saleem said, adding a royal commission also carries greater prestige as it is a major ad hoc formal public inquiry into a defined issue.

Shad Saleem said Sarawak and Sabah’s restiveness and discontent are real, and leaders in the federal government must recognise that and address them.

“Fifty-eight years down the road and not all is well with the Borneo states’ relationship with the centre,” he said.

“In many areas, Sabah and Sarawak autonomy has suffered retreat due to constitutional, political, social and religious developments.

“We need to put our heads and hearts together to defuse the tension and find just and lasting solutions.”

Shad Saleem said a thorough study of constitutional, legal, financial and political instruments need to be undertaken.

He also reminded leaders that petrol royalty issues have triggered separatist movements in many federations, giving Nigeria and Sudan as examples.

He said an amicable settlement is therefore necessary to ensure that investors are not scared away.

“There is a need to strengthen institutional mechanisms for regular, non-partisan dialogue between the federal government and Sabah and Sarawak, so that the inevitable tension that is inherent in a federal set-up can be resolved with the least friction.

“We need to recapture the spirit of accommodation, moderation and compassion that animated the leaders of the Malaysia Agreement in 1963.”

The law professor said federal-state discord started as early as 1966 when the federal government abused the legal process to declare a state of emergency so it could depose Sarawak’s first chief minister Stephen Kalong Ningkan.

He said in subsequent years, many other areas of discord went unnoticed because of the overwhelming power of the Alliance/Barisan Nasional governments.

Among the discord are constitutional amendments that have diluted the special powers of Sabah and Sarawak.

He gave Act A354 (1976) to amend Article 1(2) of the federal constitution as one example.

The original wording of Article 1(2) stated that the states of the federation shall be:

(a) the 11 states of Malaya,

(b) the two Borneo states

(c) Singapore.

“Sabah and Sarawak were mentioned separately to underline their special status.”

After the amendment, Sabah and Sarawak have been relegated as two of the country’s 13 states.

“This was a status downgrade without their consent,” added Shad Saleem. – August 19, 2021.