Sabah, Sarawak activists slam govt secrecy over MA63 report


Desmond Davidson

Sarawak Association for People’s Aspiration president Dominique Ng wants to know what information in the MA63 committee’s report is so sensitive and damaging to the federation that it has to be a state secret. – The Malaysian Insight file pic, August 11, 2020.

SARAWAK and Sabah rights activists slammed the federal and Sarawak governments today over the decision not to make public the final report on the cabinet special committee reviewing the implementation of the Malaysia Agreement 1963 (MA63).

The activists demanded transparency from the two governments in the talks over the thorny issues that had strained state-federal relations.

They also wanted an explanation for the lack of a parliamentary committee to monitor the implementation of the MA63.

Sarawak Association for People’s Aspiration president Dominique Ng demanded to know what information in the review was so sensitive and damaging to the federation that it had to be made a state secret and kept hidden from Malaysians.

Ng said the report from the cabinet special committee, formed by the previous Pakatan Harapan government to review the implementation of the MA63, should be made public, along with all the declassified British colonial documents relating to the MA63 and the formation of Malaysia.

Ng wondered if there are anything in the report that could reflect badly on the ruling state coalition Gabungan Parti Sarawak (GPS), which will soon be facing the state elections,

He spoke on behalf of a group of activists including Parti Bumi Kenyalang president Voon Lee Shan, pDayak Rights Action Force president Peter John Jaban, Sabah Sarawak Rights Australia New Zealand president  Robert Pei, Borneo’s Plight in Malaysia Foundation president Daniel John Jambun, Persatuan Pewaris Kedayan Jati Mierek Padang Kerbau Daerah Miri chairman Hadi Suboh and Dayak International Organisation at the United Nations representative Andrew Ambrose Atama.

Deputy Minister in the Prime Minister’s Department Hanifah Hajar Taib, who holds the Sabah and Sarawak affairs portfolio, said on July 29 that the report could not be made public because it was classified  under the Official Secrets Act 1972.

Apart from the review being too technical in nature, Hanifah said the content also “involves sensitive matters”.

Ng said this glaring lack of transparency held the Sarawak and Sabah peoples’ right to know in “utter contempt”.

“The whole reason for the so-called review was aimed at restoring Sabah and Sarawak’s MA63 rights and special powers and position in the federation.

“These treaty rights have been wilfully violated by non-implementation or terminated wholesale by the federation.

“The fact that the Sabah and Sarawak and federal governments have to ‘renegotiate’ the MA63 is an acknowledgement of federal wrongdoing in not faithfully complying with the international treaty.”

The MA63 was registered by the UK government in 1970 as an international treaty with the United Nations.

Ng said this means the agreement is governed by international law.

“All amendments, including constitutional alterations to MA63, must be viewed as null and void unless done in accordance with the treaty making rules. “

“The federal, Sarawak and Sabah governments have a duty to truthfully report on the MA63 review to the people.”

Ng said there was a strong suspicion that the report covered controversial legal issues in connection with the decolonisation of Malaysia. – August 11, 2020. 


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