EVEN before the dust has settled over the abandoned ratification of the Rome Statute, Pakatan Harapan faces another test in the final week of the current Dewan Rakyat sitting. 

Without a two-thirds majority in the Dewan Rakyat, PH will have to rely on Sabah and Sarawak MPs to support its proposed amendment to Article 1(2) of the federal constitution to restore the equal status of Sabah and Sarawak with the peninsula.

Kluang MP Wong Shu Qi said Putrajaya will need MPs from the Sarawak ruling coalition, Gabungan Parti Sarawak (GPS) and from Sabah which is led by Parti Warisan Sabah.

“Their help is needed to restore Sabah and Sarawak’s statuses. But even if they don’t, it’s not the end of the road for us (with reforms),” Wong told The Malaysian Insight.

PH is still committed to other major reforms, such as improving checks and balances in the legislative and judiciary process, eradicating corruption and improving transparency in government processes, the DAP lawmaker said.

Currently, PH has 129 MPs. With the aid of allies in Sabah, namely, Warisan and Upko, Pakatan has 139 – nine short of the 148 needed to amend the constitution.

GPS has 18 MPs, who have already stated their opposition to the bill in its current form.

Other Sabah MPs from PBS, PBRS, STAR and PSB, are not committed to the PH government. And of the three independent MPs, two (Anifah Aman and Yamani Hafez Musa) are from Sabah.

Yet, PH needs the successful optics of pushing through its amendment to Article 1(s), as it is one of the first steps the ruling coalition has promised towards fulfilling its manifesto on restoring Sabah and Sarawak’s positions as equal partners of Peninsular Malaysia.

Sabah, Sarawak the losers  

Analysts feel all is not lost for PH even if it fails to amend Article 1, said International Islamic University of Malaysia’s Prof Dr Tunku Mohar Tunku Mohd Mokhtar.

“Some may question PH’s resolve to restore Sabah and Sarawak’s rights if it fails to amend Article 1(2). But the mere effort to make this change signifies the government’s commitment to make Sabah and Sarawak equal partners with Malaya.”

It would be a bigger setback for the two Borneo states if the amendment is defeated, said the political science lecturer.

“If the amendment fails, it would be status quo for Sabah and Sarawak. This means that they are just like any other state, albeit with some minor differences,” said Tunku Mohar.

“Maybe, this is Sabah and Sarawak’s way of testing Putrajaya to see if it will concede more ground in order to amend Article 1.”

Bandar Kuching MP Dr Kelvin Yii said it would be a “missed opportunity” if the amendment fails when it comes up for voting tomorrow.

“If this amendment does not pass, we will continue to remain as the 12th and 13th states and miss an opportunity to correct this crucial area as we approach further discussions with the return of other rights through the Special Cabinet Committee on restoring Sabah and Sarawak’s rights.,” said Yii.

Borneo politics at play

Rejecting the amendment doesn’t make sense for Sabah and Sarawak, Associate Prof Dr Awang Azman Awang Pawi said.

GPS’s rejection of the bill is because it is not comprehensive enough and does not fulfil the spirit of Malaysia Agreement 1963 that government the formation of Malaysia, he said.

“GPS sees it as a victory as it wants more substantive changes. I don’t think it would affect their popularity,” said the Universiti Malaya lecturer.

On the other hand, PH appears to have lost yet another battle if the amendment fails, he added.

Wong believes that GPS does not want to allow PH to fulfil its pledge to the Borneo states as it would lose the political advantage it has over parties from the peninsula.

“The Sarawak parties have used the MA63 issues against the federal parties to their advantage during state elections. If they allowed PH to restore Sabah and Sarawak’s status, it would lose a vital political card in the upcoming Sarawak elections,” said the former journalist.

The state elections are scheduled to be held in 2021.

Yii, the Bandar Kuching lawmaker, said it would be disappointing if regional politics caused the amendment to fail.

“While their objections and criticism are welcomed to discuss the issue, I hope they will set aside politics and support the amendment.” – April 8, 2019.