Sabah and the 20 Point Agreement

Educated and politically aware Sabahans resent it when arrogant West Malaysians tell them these few things:
"Sabah joined Malaysia in 1963."
"Islam is the official religion of Sabah."
"So, when are you coming over to Malaysia?"
"We are in Malaysia so speak Malay."

Of course there are many other things West Malaysians mutter which we Sabahans get a lil uptight about but forgive them in the end. Afterall, it's not really their fault that they end up misinformed on the political history of Sabah, what with the Malaysian history syllabus.

My girlfriend's KL friend came over for a visit the other day and she just couldn't understand why she could only stay for 3 months. Isn't Sabah just a Malaysian state, she asks. Why all the fuss?

Having been brought up with the totally bias Malaysian education system, one wonders how much history have been wiped off. Malaysian history syllabus tells you there is such a thing called the 20-point agreement but doesn't really tell you what it's all about. It tells you that Sabah and Sarawak together with Singapore 'joined' the Malaysian Federation on 16th September 1963 but doesn't tell you the real reason why it's held on the 16th September not 31st August as originally planned. All they say is there was some kind of glitch and they postponed it to two weeks later. Neither does it tell you that the Malaysian Federation didn't exist prior to 16th September 1963 so there wasn't any sort of federation for Sabah to 'join'.

Sabah, or North Borneo as it was known then, was a British colony. It's populace were happy. Education levels were good. People generally spoke good English and there was an equal balance in the social fabric in terms of race and religion. In any case, the populace have assimilated well with each other. Cross marriages were common, some Chinese could speak Bajau and Kadazandusun, and vice versa. People were free to practice whatever religion they professed and that includes the animists in the rural areas. Economically, Sabah was picking itself up sourcing funds from controlled logging. Cheap oil was coming in from Brunei. Sandakan had the most millionaires per square kilometres in the whole world. The British sought to establish good governance, good education, good public delivery system etc etc.

Then Malaya's Prime Minister came up with the idea to form Malaysia. Malaya will come together as one with Sabah, Sarawak and Singapore as partners to form a new country, a new federation. This is why Sabah and Sarawak in modern day Malaysia is not just another state. We are a partner. We are the same as Malaya, and not Selangor, not Perak, not Johor.

Sabahans were reluctant at first. After all, why should we trust the Tunku? Life was good under the British. True enough the British did siphoned off some riches but progress was guaranteed and basic civicness, education and services were there and growing. Then PM of Singapore Mr. Lee Kuan Yew managed to convince Tun Fuad Stephens. Now Malaysian history books will tell you that the UN organized a referendum on whether Sabahans and Sarawakians agreed to the formation of Malaysia. They also tell you that Sabahans and Sarawakians agreed overwhelmingly. That is far from the truth. And even if it was the truth, it could only have been with the 20-point agreement which convinced or rather conned Sabahans into accepting the formation of Malaysia.

Whatever happened then doesn't matter now. North Borneo decided to go ahead with the partnership under one condition - in fact, 20 conditions rolled into one - the 20 point agreement.

This 20 point agreement is very straight forward. It would have guaranteed the rights of Sabahans.

Point 1: Religion
While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo

Point 2: Language
a. Malay should be the national language of the Federation
b. English should continue to be used for a period of 10 years after Malaysia Day
c. English should be an official language of North Borneo for all purposes, State or Federal, without limitation of time.

Point 3: Constitution
Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of states and should not be a series of amendments to a Constitution drafted and agreed by different states in totally different circumstances. A new Constitution for North Borneo (Sabah) was of course essential.

Point 4: Head of Federation
The Head of State in North Borneo should not be eligible for election as Head of the Federation

Point 5: Name of Federation
“Malaysia” but not “Melayu Raya”

Point 6: Immigration
Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry into North Borneo should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purposes except on strictly security grounds. North Borneo should have unfettered control over the movements of persons other than those in Federal Government employ from other parts of Malaysia into North Borneo.

Point 7: Right of Secession
There should be no right to secede from the Federation

Point 8: Borneanisation
Borneanisation of the public service should proceed as quickly as possible.

Point 9: British Officers
Every effort should be made to encourage British Officers to remain in the public service until their places can be taken by suitably qualified people from North Borneo

Point 10: Citizenship
The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo subject to the following amendments:

a) sub-paragraph (i) should not contain the proviso as to five years residence
b) in order to tie up with our law, sub-paragraph (ii)(a) should read “7 out of 10 years” instead of “8 out of 10 years”
c) sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia must be federal citizen.

Point 11: Tariffs and Finance
North Borneo should retain control of its own finance, development and tariff, and should have the right to work up its own taxation and to raise loans on its own credit.

Point 12: Special position of indigenous races
In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malays’ formula in this regard is not necessarily applicable in North Borneo

Point 13: State Government
a) the Prime Minister should be elected by unofficial members of Legislative Council
b) There should be a proper Ministerial system in North Borneo

Point 14: Transitional period
This should be seven years and during such period legislative power must be left with the State of North Borneo by the Constitution and not be merely delegated to the State Government by the Federal Government

Point 15: Education
The existing educational system of North Borneo should be maintained and for this reason it should be under state control

Point 16: Constitutional safeguards
No amendment modification or withdrawal of any special safeguard granted to North Borneo should be made by the Central Government without the positive concurrence of the Government of the State of North Borneo

The power of amending the Constitution of the State of North Borneo should belong exclusively to the people in the state. (Note: The United Party, The Democratic Party and the Pasok Momogun Party considered that a three-fourth majority would be required in order to effect any amendment to the Federal and State Constitutions whereas the UNKO and USNO considered a two-thirds majority would be sufficient)

Point 17: Representation in Federal Parliament
This should take account not only of the population of North Borneo but also of its seize and potentialities and in any case should not be less than that of Singapore

Point 18: Name of Head of State
Yang di-Pertua Negara

Point 19: Name of State
Sabah

Point 20: Land, Forests, Local Government, etc.
The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo. Likewise, the National Council for Local Government should not apply in North Borneo.

And there you have it. Here are Sabahan answers to arrogant West Malaysian statements.

Islam is not our official religion and the Feds have NO rights to impose on us any bullshit on religious issues because we are a SECULAR state within Malaysia.

Malay is not our official language so don't force us to speak Malay. We'll speak Malay when we deal with you. There's absolutely nothing wrong with learning the English language.

Sabah did NOT join Malaysia. Sabah is an equal partner with Malaya, Sarawak and Singapore in the Federation of Malaysia.

The reason why Malaysia Day falls on 16th September 1963 and not August 31st as originally planned is this; Sabah, Sarawak and Singapore insisted on gaining independence and self-governance BEFORE partnering with Malaya to form the Federation of Malaysia. On 31st August 1963, Sabah, Sarawak and Singapore gained self-government from the British. Two weeks later, the independent governments of Sabah, Sarawak and Singapore agreed to the Federation of Malaysia with Malaya and thus Malaysia was formed. Some of you may think it's not that important but to us Sabahans it actually means a lot. It reaffirms our status as a partner. An equal to Malaya. Not just another Malayan state.

Oh and one last statement which we get the most "Do you guys live on trees?"
A polite Sabahan will tell you 'No, we don't. Please feel free to visit us to see what Sabah is actually like'.

But most Sabahans will tell you this (and laugh at you at the same time) "Yea we do. We even have escalators going up our tree house." And to our surprise, some of you even believe it!

p.s. your Petronas Twin Towers and Putrajaya won't exist without our oil money together with Sarawak's.

Sabah Leaders Against Giving PR Status to Filipinos

KOTA KINABALU, July 4 ─ Sabahans are against the proposal to give Filipinos who have stayed in Malaysia for some time permanent resident (PR) status.

Sabah Progressive Party (SAPP) president Datuk Yong Teck Lee said the Philippine government should not make such a proposal, but instead cooperate in resolving the problem by taking them back.

"Both countries should discuss and finds ways to resolve the problem," he said in response to a statement by Philippine Migrant Affairs Assistant Secretary Esteban Conejos that Filipinos in Sabah be given PR status.

Yong described the proposal by the Philippine government as shirking its responsibility to the 200,000 Filipinos working in Sabah's plantation and construction sectors.

He urged the Malaysian government to take an aggressive approach to the problem and not wait for the Philippine government to act.

Pasok Momogun Kadazandusun Bersatu (UPKO) deputy president Datuk Wilfred Bumburing said the party was also against the proposal to give PR status to Filipinos.

"Even those from Peninsular Malaysia are not given automatic residence. The government must be careful in this and must protect the local population."

Bumburing proposed that illegal immigrants, including those with the IMM13 document, be deported.

IMM13 is a document issued by the Immigration Department allowing Filipino refugees temporary stay in Sabah.

Former Sabah Chief Minister Datuk Seri Salleh Said Keruak said the government should firstly consider the interest of locals before giving PR status to foreigners.

"Foreigners who apply for PR status must meet the stipulated conditions. There must not be automatic issuance or flexibility in this," he said.

Liberal Democratic Party (LDP) president Datuk V.K. Liew is also against Manila's proposal on the PR status.

"Length of stay in the country is not an automatic qualification for an applicant of PR. All applications must satisfy the requirements laid down by our laws.

"Those who come to Sabah illegally must be deported to their country of origin without delay," he said. ─ Bernama