SARAWAK demands the right to define the term “natives” for itself, Chief Minister Abang Johari Openg said today.

This was why the state is pushing to amend article 161A of the Federal Constitution on the definition of “natives”.

Currently, the Constitution defines who is considered native to the state.

“The power to decide which races in Sarawak shall be recognised as being indigenous to the state shall be determined by the state through state laws,” Abang Johari said in a live televised media briefing today.

He said this following a meeting today with de facto Law Minister Wan Junaidi Tuanku Jaafar and Deputy Minister in Prime Minister’s Department (Sabah and Sarawak Affairs) Hajjah Hanifah Hajar Taib, at his office in Wisma Bapa Malaysia.

The visit was part of Wan Junaidi’s engagement exercise with stakeholders on the proposed amendments in Sarawak’s interest to the Federal Constitution in relation to the Malaysia Agreement 1963 (MA63).

The chief minister said the officials also discussed amending to article 1(2) on the states of the federation. 

The articles names the states of the federation as Johor, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor, and Terengganu.

Sarawak and Sabah had objected to the wording in the 1976 constitutional amendment as it had downgraded the two Borneo states from “equal partners” with Malaya in the federation to mere states in Malaya.

This will be the second attempt at amending that same article since 2019.

The first attempt had failed to get the required two-thirds majority support of the members of Parliament.

Gabungan Parti Sarawak (GPS) MPs had abstained from voting when the bill was tabled on April 4, 2019.

The bill proposed to restore Sabah and Sarawak to their original status as set out in the MA63.

Abang Johari said the Sarawak MPs had withheld their support for the amendment “because in our view the amendment was purely cosmetic in nature and did not reflect the special status of Sabah and Sarawak as envisaged in MA63 and its annexed instruments”.

He hinted he would support the new amendments presented by Wan Junaidi, saying the proposal to amend Articles 1(2) and 160(2) on the definition of the federation “is more comprehensive and reflects the true spirit and intention of the parties when they entered into the Malaysia Agreement 1963”.

“These amendments to the definition of the federation under article 160(2) are crucial and must be done so that the Malaysia Agreement 1963 and its annexures are recognised in the Federal Constitution.

“This amendment will also introduce the definition of Malaysia Day which was never before defined,” he added.

He said if the position of Sarawak as one of the three partners of the federal were properly recognised, the state would no longer receive a disproportionate share of the budget allocations.

“It is noted that the seventh focus of the National 12th Malaysia Plan is boosting the development of Sabah, Sarawak and less developed states.

“However, the allocation is low compared to our needs to accelerate and close the development gaps. The allocation of RM4.47 billion is mere 6.8% of the total national development expenditure under the 12th Malaysia Plan’s first rolling plan and it clearly does not reflect the needs of Sarawak considering its size and level of development, as well as its status as an equal partner to the formation of Malaysia.”

Abang Johari said as an equal partner, the partnership revenue shared with Sarawak should be based on several factors, including the state’s contribution to the federal coffers, including revenues received by the federal government through the exploitation of the state’s natural resources and the revenue received from the taxes derived from the state. – October 15, 2021.