An agreement forged and forgotten
by Karen Bong and Wilfred Pilo. Posted on September 16, 2011, Friday
The 18-points Agreement signed
on July 9, 1963 before the formation of Malaysia is an important
document safeguarding the rights and autonomy of Sarawak and
Sarawakians. So why don’t we know it?
NOT many Sarawakians are well-versed in the 18-points Agreement and
only some have heard some aspects if not all of the salient points
representatives of Sarawak laid out prior to the formation of Malaysia.
A
survey held by The Borneo Post, however, discovered that people are not
only unsure of its contents, many did not even know what it was. One
answer to the query about their opinion of the 18 points Agreement was
this: “18-points?
Is that a hole on the golfing green?”
Contrary
to some opinions, ignorance is not bliss. Without any knowledge of our
rights as Sarawakians, what do we know of our place within the
federation of Malaysia?
A little history
The
20/18-points Agreement or memorandum were the conditions laid out by
Sabah and Sarawak respectively before agreeing to form the Federation of
Malaysia with the Federation of Malaya and Singapore.
The
agreements, which can be found in the Proclamation of Malaysia and also
the Cobbold Commission reports, stated the conditions and rights that
were meant to safeguard the autonomy and the special interest of the
people of Sabah and Sarawak, protecting, among others, these regions’
rights on religion, language, education, administration, economy and
culture.
Some of the points were incorporated into the
Constitution of Malaysia while the rest of Sarawak’s 18 points are
outlined as follows: Point
1: Religion Point
2: Language Point
3: Constitution Point
4: Head of the federation Point
5: Name of the federation Point
6: Immigration Point
7: Right to secession Point
8: Borneanisation Point
9: British Offi cers Point
10: Citizenship Point
11: Tariffs and Finance Point
12: Special position of indigenous races Point
13: State Government Point
14: Transitional period Point
15: Education Point
16: Constitutional safeguards Point
17: Representation in Federal Parliament Point
18: Name of Head of State
DR JENIRI AMIR, SENIOR LECTURER
“The
decision to accept the proposal by Tunku Abdul Rahman to become part of
the federation of Malaysia was made by the people of Sabah and Sarawak
on the understanding that the special interests of the state would be
safeguarded. The interests of the two states were enshrined in the 20/18
Point Agreement.
Our rights were also inscribed in the London Agreements and Inter-Governmental Committee Reports.
When
we agreed to form Malaysia together with North Borneo (Sabah),
Singapore and Malaya 48 years ago, it was with the understanding that
the safeguards were to be honoured and not taken away according to the
whims and fancies of the federal government.
Based on the
recommendations of the Cobbold Commission, Sabah and Sarawak would
become equal partners of the state of the Federation of Malaya; not as
one of the component states as stipulated in the original Article 1 of
the Federal Constitution.
In other words, Sabah and Sarawak are
partners of Malaysia, thus having a greater degree of fi nancial and
political autonomy as compared to other sates in the Peninsula.
Sabah and Sarawak should not end up being merely one of the 13 states in Malaysia.
Therefore,
it is paramount for the federal government to adhere to covenants for
the purpose of safeguarding the interests, rights and autonomy of the
people in Sabah and Sarawak.
The 20/18-point agreement should not be ignored or eroded.
Thus,
certain policies and the relationships between Peninsular Malaysia,
Sabah and Sarawak must be re-looked to address whatever imbalance in
terms of infrastructure, social, economic or educational developments
between the centre and periphery in the last 48 years.
More financial allocations should be channelled to Sabah and Sarawak.
The federal government should increase the petroleum royalty to at least 15 per cent from the current 5 per cent.
Therefore,
the spirit of the 20/18-point agreement should be safeguarded and
honoured for the interest of our future generations and more importantly
to ensure a progressive, united and harmonious multi-racial nation.
Malaysia
as a nation was formed of equal partners; Sabah and Sarawak did not
join Malaysia. Together with Sabah, Malaya and Singapore, Sarawak formed
Malaysia.
By implication, we are equal under the constitution. Our political leaders should understand, respect and honour the agreement.
EDMUND LEE AH SEE, SENIOR BANKER
“Let’s
run through this love story – a handsome young man called Malaya had
just held a lavish ‘coming-of-age’ birthday party on Aug 31 1957.
On the other side of the South China Sea, a beautiful young maiden called Sarawak celebrated her birthday on July 22, 1963.
This
young man courted and subsequently won the heart of Sarawak and both
were married on September 16th 1963 in a low-key ceremony and both took
the common family name of Malaysia.
As in any marriage, vows and
promises were exchanged and this lady was assured of her rights under a
pre-nuptial document known as the 18-points Agreement.
The husband continued to celebrate his birthday lavishly every August 31 while the wife’s birthday was conveniently forgotten.
One
fine day, the dutiful wife gently reminded the husband that August 31
was his birthday while September 16 was actually their wedding
anniversary – she politely chose not to mention her own birthday or the
broken promises and vows.
And with that, the couple celebrated their wedding anniversary and named it Malaysia Day.
But
the wife was still hurt by the lack of attention and broken promises
from the husband, though she continued to be the dutiful and responsible
wife.
I believe it was with noble intentions that our leaders
made that fateful decision on our behalf to enter into the Federation of
Malaysia.
These intentions were reinforced with the incorporation
of the 18- points Agreement to safeguard the rights and autonomy of our
state, notwithstanding the benefits of joining the Federation.
These
18-points took into account our ‘uniqueness’ in terms of demographics,
culture, racial composition, religious diversities as well as our
‘less-developed’ status as compared to our counterparts in Malaya and
Singapore, at that critical point of time.
We were also assured of autonomy in the administration of land and immigration matters.
Education, extended usage of English and the ‘Borneanisation of the Civil service’ were also mentioned.
Moreover,
we were also assured of ‘special rights and privileges’ for our natives
as enjoyed by their counterparts in Malaya – ‘guaranteed’ would be a
more appropriate word.
It was also mentioned that our Head of
State would not be eligible to become the Agung and secession from the
Federation is not an option.
However, over the years, it appeared
that these 18-points were often not honoured or were slowly eroded, with
justifications for better political, economic, social and
administrative ‘uniformity.’
While the state may need to give way
to facilitate a smoother implementation of policies in areas like
education and development, many Sarawakians begin to feel that the state
is giving too much and receiving too little in return.
Common grouses take the form of our relatively poorer basic infrastructures like roads, electricity and public transport.
There
are also the issues of lesser opportunities in the civil service where
senior positions are usually held by West Malaysians, running contrary
to the ‘Borneonisation’ of the Civil service as spelt out in the
18-points Agreement.
Of late, even the ‘sensitive’ issues of race and religion have been hogging the headlines for all the wrong reasons.
May
this celebration of Malaysia Day lead to greater peace and harmony
among Malaysians from all walks of life and May our leaders renew the
vows and promises made on that fateful day of Sept 16 1963 – Malaysia,
truly Asia, unity in diversity.
‘Happy Malaysia Day’.
SABRINA RAFAELLA, COMPANY EXECUTIVE
“I remember Point 1 although some people still refuse to accept it because it states that Sarawak has no official religion.
It is good because we have freedom of religion in the state especially in a multi-ethnic and multi-racial society in Sarawak.
Another
one I remember is Point 2 in that English is the official language in
Borneo. It should be after all we were under the Rajah Brooke and also
the British.
They took so much from us and I do not see why they
cannot leave their language as a legacy for all Sarawakians. In fact, we
should use it apart from our mother tongues all the time officially and
unofficially since we are living in a border less world.
Doesn’t that count?
Every Sarawakian should read the memorandum.
Yes,
we are free from the British colony, but to date, there is so much more
that needs to be done. We hope to get our fair share in the future and
that my generation will see a better Sarawak and fair Malaysia.
Happy Malaysia Day to all in truly Malaysian spirit.
NORMAN TAN, SENIOR RESEARCH ANALYST
“The
18-points Agreement made between Sarawak and Malaya during the
formation of Malaysia is crucial to Sarawak’s standing in the country as
a whole, and to the preservation of the identity of the state.
Point
2(c.) States that English should be one of the official languages of
the state indefinitely, which I agree wholeheartedly with since English
is an international language.
I also believe that Point 11, which
states that Sarawak should retain control of its own finance,
development and tariff, is crucial to the state as it gives us a certain
degree of autonomy over our own finances and economy.
Point 16 of
the 18 Points Agreement touches on Constitutional safeguards for the
Sarawak State Constitution, which is the foundation of any legislation
passed in the state.
The point states that no amendment,
modification or withdrawal of any special safeguard granted to Sarawak
should be made by the federal government without the consent and
approval from the state itself.
Coupled with Point 17, which
guarantees Sarawakians representation in federal parliament, it ensures
that the wants and needs of Sarawakians will not only be heard, but also
be processed and executed via the proper legal and executive channels.
In
short, I believe that the federal government should honour the
18-points Agreement with Sarawak, for as long as Sarawak remains in the
Federation.
I would also like to express my hope that all
current and future Sarawakian state assembly and Parliament members will
always carry out their duty entrusted to them by the people of Sarawak
and protect the 18-points Agreement.”
GEOFFARY SIGAI, ARCHITECT
“The way Malayans treat us, I believe gives us all reason to get out of Malaysia.
But
at this stage I think it is not possible. The Malayans have been
violating our 18-points Agreement, particularly points 2, 12 and 15.
Point 12 says special rights are to be accorded to the natives of Sarawak on par with those enjoyed by
Malays in Malaya.
How many Dayak/Ibans are successful in business, education, or in the top government position?
We are still lagging behind compared to West Malaysia and we are still developing our urban and rural areas.
People in the city are fi ne but those in the rural areas still lack basic infrastructure like water, road and electricity.
We are considered a developed nation but we still live in undeveloped conditions.
The 18 points is our right and something has to be done about it.
Luckily
we have autonomy on immigration or else it would have opened the
floodgates for others from other state to take what is ours, especially
in the economic and business aspect.
I like it to remain our status quo and should stay under the state control because that was part of the agreement.
It should be exercised purely to safeguard the interest of the Sarawakian people at large.
However,
Sarawak and Malaysia as a whole is a peaceful nation and I hope that
our leaders do something more positive on the 18 points so that our
interest will continue to safeguarded.
KUALA
LUMPUR, July 21 — The government likes to boast that Malaysia has
almost erased poverty. It is the one unchallenged success that is
shouted out again and again to show how far we have come since Merdeka.
Jayanath’s
assessment is based on government data in its 10th Malaysia Plan (10MP)
report released in June, and the New Economic Model (NEM) that was out
in April.
Jayanath’s calculations would put Malaysia’s poverty rate at somewhere between 31 to 32 per cent.