IN “What is a federation?”, I sought to explain three distinct and defining characteristics that make a federation different from other political systems.

I should have perhaps started with explaining the term “federation” itself. It is derived from the Latin word foedus, which means “treaty” or “agreement.”

According to the Oxford Classical Dictionary, a foedus (plural foedera) was “a treaty, solemnly enacted, which established friendship, peace and alliance between Rome and another state in perpetuity.”

A foedus was distinct from an indutiae (truce), which ended a state of war and lasted for an agreed number of years (up to a century).

Treaties of alliance (foedera, from which “federation” is derived) were either equal or unequal. An equal treaty (foedus aequum) set both parties on an equal footing and enjoined each to give military assistance to the other in the event of a hostile attack.

In an unequal treaty (foedus iniquum), the second party was required to acknowledge and respect the maiestas (greaterness) of the Roman people and was effectively compelled to provide Rome with military forces on demand.

In modern terms, a federation is a new state (political system) that is formed through a treaty or an agreement between the various units. The units of a federation are known by various names, like states (as in the US) or cantons (as in Switzerland) or provinces (as in Canada) or republics (as in Russia).

There are no partners in a federation, only units or constituents known by various names.

Malaysia is a federation of units known as states. The treaty that establishes Malaysia is the Agreement Relating to Malaysia (MA63), which came into force on September 16, 1963.

Article 1 of MA63 states as follows:

“The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called ‘Malaysia’.”

The constitutional instrument annexed to MA63 is the Malaysia Bill. Article 4 of the bill states as follows:

1. The Federation shall be known, in Malay and in English, by the name Malaysia.

2. The States of the Federation shall be— (a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu; and (b) the Borneo States, namely, Sabah and Sarawak; and (c) the State of Singapore.

3. The territories of each of the States mentioned in Clause (2) are the territories comprised therein immediately before Malaysia Day.

Article 4 above is now Article 1 of the Federal Constitution. Malaysia now includes the Federal Territory of Kuala Lumpur, established under the Constitution (Amendment) (No. 2) Act 1973, the Federal Territory of Putrajaya, established under the Constitution (Amendment) Act 2001, and the Federal Territory of Labuan, established under the Constitution (Amendment) (No. 2) Act 1984 – Article 1(4).

So clearly there are no partners in Malaysia, only states and territories. – June 15, 2024.

* Hafiz Hassan 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.