IF the verbal barbs across the South China Sea over the tourism tax are indicative of anything, it is this: Sabah and Sarawak folk are tired of being lorded over by Putrajaya and they want more say on their own destiny.

The pushback from leaders from Sarawak and Sabah on the tax would not have been so swift if not for the palpable demand for more autonomy on the ground in both states. 

And the prevailing mood is that those in the Borneo states are now warier of new policies from Putrajaya, especially if it involves what they believe to be further encroachment of the Malaysia Agreement 1963 (MA63).

An increasing number of them have elevated MA63 to a status equal to that of the Federal Constitution. 

Political differences were put aside temporarily among the competing local parties and groups after Sarawak tourism minister Abdul Karim Rahman Hamzah was rebuked by his federal counterpart Nazri Abdul Aziz when he questioned the need and implementation of the tourism tax.

Among other things, the tax, which comes into force on July 1, allows charges of between RM2.50 and RM20 to be levied per night on hotel stays. The government said it needs the revenue to promote Malaysia and improve tourist facilities.

Sarawak PKR leader Baru Bian, who just days ago painted a dismal picture of the political climate after the acquittal of three alleged killers of Bill Kayong, rose up to back his fellow Sarawakian.

“He (Nazri) let the bullying gangster in him get the better of him and hurled vitriolic insults at Karim. Perhaps because he does not possess the faculties for sound reasoning and legal argument,” Baru said in a statement yesterday, saying the true enemy is Umno and that the war cry should be “Sarawakians standing up for Sarawak”.

“We should perhaps thank Nazri for his outburst, for he has betrayed Umno’s unspoken contempt and disdain for Sarawak and Sabah,” said the Bakelalan assemblyman.

Baru said Parliament empowered itself to legislate on tourism in 1994 by including it in the federal list through an Act of Parliament (Act A855). 

“However, this was done without prior consultation and approval from the governments of Sarawak and Sabah. Therefore, this legislation is null and void,” said Baru, who is a lawyer by profession.

Another lawyer, Abdullah Saidol, who is a state assistant minister of corporate affairs, agreed and added that regaining legislative autonomy on tourism matters was one of 13 “administrative empowerment” policies pursued by the late chief minister Adenan Satem in talks that began with Putrajaya last January.

“The arrogance and tone of Nazri does not surprise me,” he said in a statement.

“I recall his statement last September when he said Sabah and Sarawak would not receive help from his ministry should the two state governments oppose the Tourism Services Act,” Abdullah said.

The tourism tax, then known as the hospitality levy, was opposed by the Malaysian Association of Tour and Travel Agents (Matta) and Sabah.

Sabah tourism minister Masidi Manjun also opposed the proposed tax, saying it would lead to lower tourist arrivals and loss of jobs.

Nazri responded by telling Masidi not to “get excited” and “jump the gun” and that the tax will proceed, as it falls under federal jurisdiction. 

Sabah-based opposition Parti Solidariti Tanah Airku (STAR) president Jeffrey Kitingan said since tourism was not provided for in the MA63, it should have been a residual power vested with the Sabah government. 

While “tourism” was not specifically discussed in the formation of Malaysia, it was added as a new item 25A to the federal list in the 9th Schedule of the Federal Constitution in 1994. Jeffrey said its inclusion may be unlawful although it was passed by Parliament in 1994.

“The federal government has no business usurping the residual power of the state on tourism… This tax will only reveal the desperation of the government to cover shortfalls in its revenue budget,” he said in a statement yesterday. 

Not everyone in Sarawak rose to Karim’s defence.

More sceptical was Sarawak DAP leader Chong Chieng Jen, who said Sabah and Sarawak MPs had invited trouble in the first place by consenting to the tourism tax bill in the federal cabinet.

Specifically targeting Sarawak Barisan Nasional MPs, Chong accused them of being silent accomplices both at the cabinet and at Parliament, when the bill was passed on April 5.

“The bill for the tax was tabled by Nazri with the full authority and endorsement of the cabinet where there are many Sarawak BN MPs sitting as ministers,” he said in a statement yesterday. 

“Were (they) coerced by their Umno counterparts into approving the bill? Or were they in total ignorance of what they approved in the cabinet? Within BN, the Sarawak BN can only do the bidding of Umno to the detriment of Sarawakians.”

Still, political economist Andrew Aeria believes the exchanges between Nazri and Sabah and Sarawak politicians would have no lasting effect on the long-term relationship between Putrajaya and the Borneo states.

‎But the Universiti Sarawak Malaysia associate professor told The Malaysian Insight: “When politicians spew venom and react with knee-jerk actions, instead of considered policy discussions, it is a sad reflection of our impoverished politics and poor efforts at building a country.” – June 13, 2017.