PEOPLE in Sabah and Sarawak need clarification on the definition of a ‘state’. The unity government announced that the East Malaysia states are to be known as a “wilayah” or territories.

If you look into the Dewan Bahasa and Pustaka, two names come in their definition: negri and negara.

Negri, negara, wilayah and territory all have the same meaning: a state.

In which case, let us dissect its meaning together.

We must look into our history and its inception. We start with the history of Malaya. The Reid Commission was set up in 1956 to create a new constitution for Malaya after the backlash over the proposed Malayan Union.

The commission came up with a federation system that encompasses all Malay states, ruled by the Malay rulers, straits settlements in Penang, Malacca and Singapore.

Thus, the country became a constitutional monarchy. These small states combined with a robust central government to become known as the Federated States of Malaya. They received their independence from the British, and the Federation of Malaya was signed on August 31, 1957.

The Federation of Malaya, Sabah, Sarawak and (at the time) Singapore were partners in the formation of Malaysia.

These were agreements between the respective states. The popular argument on the status of Sabah and Sarawak, as British crown colonies, is how these territories managed to sign the Malaysia Agreement in 1963.

The agreement was signed on July 9, 1963, and came into effect on September 16 the same year. The UK parliament created an act of law on July 30, 1963 (the Malaysia Act).

The act is very important for its signatories, as its duty-bound Federation of Malaya functions as a trustee. This act also sees that a sovereign state has recognised new states: Sabah, Sarawak and Singapore. 

What is a state? We need to understand the difference between a nation, nation-state and state.

A nation is a group of people that share similar traditions and livelihoods in certain areas. In the context of Sabah, people from Kota Kinabalu are called the nation of Kota Kinabalu, and so does the Ranau Nation, Sandakan nation or Kinabatangan nation.

A group of these populations (or nations) was enclosed into a territory now called a nation-state. For example, the nation-state of Sabah or the nation-state of Sarawak.

These populations do not have similar livelihood traditions to the people of the nation-state of Johor, for example.

For these nation-states to participate in the international arena as a state under international law, they must meet three criteria:

1) territory (permanent and enclosed with a defined border)

2) Population (a conglomerate of nations that make up a nation state)

3) active government or an administration. These include laws of the land and administration left by her former colony (British).

Sabah and Sarawak have these criteria fulfilled and, most notably, recognition by a sovereign state as stated in the Malaysia Act, chapter 35.

In 1976, the Borneo states with defined international identities were relegated to the same level as the other states in Malaya.

We were helpless as it was the height of the Emergency. Our status as a state or partner within Malaysia is confirmed under the Federal Constitution, which every MP has sworn to uphold (articles 161E & 169(c)).

The recent changes – to revert to the original wording as of September 16, 1963 – have enshrined our status and, importantly, our territory, which includes our subterranean lands, the Sabah and Sarawak continental shelf. – January 20, 2023.

* Remy Majangkim reads The Malaysian Insight.

* This is the opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insight. Article may be edited for brevity and clarity.