MA63 amendments won’t decide Sarawak polls, say analysts


Parties are expected to compete for the label 'champion of Sarawak rights' in the state elections, say observers. – The Malaysian Insight file pic, November 14, 2021.

A BIG issue that is expected to dominate debate in the coming Sarawak elections is the proposal to amend the Federal Constitution to match the provisions of the Malaysia Agreement 1963 (MA63), political analysts said.

The bill for the amendment was tabled for its first reading in Parliament on November 3 although no dates have yet been set for the second and third readings.

Asian political expert at the University of Tasmania, James Chin said issues relating to MA63 will be played up by parties like pro-independence Parti Bumi Kenyalang (PBK) and Sarawak People’s Aspiration Party (Aspirasi), which demands the restoration of the state’s eroded rights.

Chin said to a lesser extent, it will also be played up by the ruling Gabungan Parti Sarawak (GPS) and the opposition, in particular Pakatan Harapan (PH), to see which is more successful at getting the bill – which requires two-thirds of MPs support – passed.

Chin said GPS will definitely play up the fact they managed to table the bill while the opposition will harp on GPS’ failure to force a vote.

“The opposition will say that since GPS could not muster enough support for the second and third reading, therefore there will not be a vote.”

PH will say GPS’ inability to get the bill past its first reading shows that it is not a champion of Sarawak rights, said Chin.

PH tabled a similar but disputed MA63 bill when they were in power in 2019 which failed to get the mandatory two-thirds support of the 222 MPs to pass it.

Only 138 MPs supported the bill.

Fifty-nine MPs, including the 18 GPS MPs abstained from supporting the bill.

The GPS MPs disputed the wording of the amendments and the insistence of PH not to insert the words ‘the Malaysia Agreement 1963’ in the constitution.

Chin draws the MA63 amendments to the issues on development of native customary rights (NCR) lands by the government.

“It will turn out to be like the NCR – a big issue but it will not decide the elections.”

Universiti Putra Malaysia political expert Jayum Jawan said the proposed amendments would sway how the voters will vote.

Among the proposed amendments is to article 1(2) of the constitution, which is to restore the Article to its original arrangement as it appeared in the 1963 constitution and the position of Sabah and Sarawak in the Malaysian federation.

Article 160 (2) is also being amended to include “Malaysia Day” on September 16, 1963, which was the date of the formation of Malaysia and the mark of the end of the Queen of England’s sovereignty over Sarawak and Sabah, or North Borneo as it was then called, as well as the end of British rule over the two territories.

Currently, there was no mention of Malaysia Day or Hari Malaysia in the constitution.

Another change to Article 160(2) would be the interpretation of the word “Federation”.

One other amendment which is of importance to Sarawak is the definition of “natives” of Sarawak under Article 161A.

The amendment is to invest the state with the power to decide which races in Sarawak shall be recognised as indigenous.

Aspirasi’s potential pick for the Kuching urban seat of Pending, Chan Chee Hiong, had yesterday fired the first salvo when he accused all the 31 Sarawak MPs of being cowards in failing to voice the  wish of the state’s people to exit Malaysia over unfair treatment by Malaya.

He had compared them to MPs in neighbouring Sabah who had dared to declare that Sabah folk would rather leave Malaysia than to continue to allow themselves to unfairly treated. – November 14, 2021.


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