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| Constitution (Amendment) Bill 2019 | |
|---|---|
 | |
| Parliament of Malaysia | |
| |
| Territorial extent | Malaysia |
| Considered by | Dewan Rakyat |
| Legislative history | |
| Bill citation | D.R 7/2019 |
| Introduced by | Liew Vui Keong |
| First reading | 4 April 2019 |
| Second reading | 9 April 2019 (negatived) |
| Amends | |
| Constitution of Malaysia | |
| Related legislation | |
| Constitution (Amendment) Act 1976 | |
| Summary | |
| To restore the constitutional status of Sabah and Sarawak according to the Malaysia Agreement. | |
| Status: Not passed | |
| History of Malaysia |
|---|
|
 Malaysia portal |
On 4 April 2019, a bill proposing an amendment to the Constitution of Malaysia was tabled in the Dewan Rakyat of the Parliament of Malaysia. The bill proposes to amend Article 1(2) so as to restore the status of the two East Malaysian states of Sabah and Sarawak according to the original content of Malaysia Agreement that was signed in 1963.[1][2][3]
Despite six hours of debate in the Parliament during the second reading of the bill on 9 April,[4][5] only 138 MPs supported the bill, 10 votes short of the two-thirds majority of the chamber, 148 votes, required for amendments to the Constitution. The remaining 59 (non-absent) votes were abstentions, all of which are from opposition parties.[6][7][8][9]
Background
1976 constitutional amendment
In 1976, under the premiership of then-Prime Minister Hussein Onn, Article 1(2) was amended as part of a larger package affecting 45 articles and 2 schedules in the Constitution of Malaysia. This package removed the distinction between the states in Peninsular Malaysia and the Bornean states of Sabah and Sarawak. It was argued, at the time, that the change would lead to greater uniformity between the eastern and western regions of Malaysia. As a result of some political maneuvering by the then Prime Minister, no MPs from Sabah or Sarawak opposed this amendment package.[10]
Breaches of the Malaysia Agreement
The 1963 Malaysia Agreement, under which Sabah and Sarawak unified with Malaya to become Malaysia, included strong provisions for the autonomy of Sabah and Sarawak (see the 18-point and 20-point agreement). However, this autonomy has eroded in numerous aspects, such as a smaller share of oil revenue than previously agreed and a reduction in the territorial waters that belonged to each state. Following their victory in the 2018 election, the Pakatan Harapan alliance promised to make changes including an amendment to Article 1(2) and a greater share of oil revenue.[2][3][11][12][13] Other causes of dispute between East and West Malaysia include freedom of religion,[14] distribution of profits from natural resources,[15][16] and demographic change (particularly in Sabah).[17][18][19][20]
Prior to 2010, the anniversary of Federation was a public holiday in only the East Malaysian states, but it was later made a national holiday by the government in response to an opposition statement declaring their intention to do so if they won an election.[21] Some groups, including the Borneo Heritage Foundation (BHF), Movement for Change Sarawak (MoCS), and the Sarawak Association of People's Aspirations (SAPA), have cited these issues, among others, as reasons for advocating separation from Malaysia.[14][22][23]
Authority of Sabah Sarawak |
MA63 as agreed between United Kingdom,  Malaya,  North Borneo,  Sarawak,  Singapore |
Current situation under Malaysia
|
|---|---|---|
| Development | British delegation promised both states a total of £1½ million a year for five years after Malaysia Day, provided the Malayan government also extended aid for that period.[24] Malaya would provide $200 million to North Borneo and $300 million to Sarawak for the first five years of Malaysia,[25] while Singapore would provide a $150 million development loan to North Borneo and Sarawak, of which $100 million would be interest-free for five years[26][27] | Sabah: RM5 billion per year[28][29] Sarawak: RM4.3 billion per year[29] [30][31][32][33] |
| Education | Rights to own education system[note 1] | Malaysia standardised education system (Dilapidated schools and frequent misinformation in history textbooks for both Sabah and Sarawak history)[34][35][36] |
| Immigration | Control immigration entry[note 2] | Controlled immigration entry via permit[37][38] (Sabah: Southern Filipino refugees fleeing the civil war were issued IMM13 documents by the Federal government, instead of the Sabahan state government, leading to a situation whereby the refugees, and their families who had settled in Sabah, could not be stripped of their IMM13 without rendering them stateless as the Philippine government did not recognise them as citizens)[39][40] |
| Language | English as the official language[note 3] | Sabah: Malay is amended as official language through the controversial 1973 State Constitution[41][42] Sarawak: Both Malay and English are official language as of 2015[43] (Malay is also used in all courts except High Court and Native Court) |
| Law | Authority to agree/disagree to amend law[note 4] | Recognised as state under Malaysian laws with the exclusion of certain laws (e.g. National Land Code) (Frequent reported conflicts with federal government regarding indigenous land rights)[44][45] |
| Natural resources | North Borneo: 40% of the state revenue[46] Sarawak: Up to RM21 million for the first four years (Both North Borneo and Sarawak retain import duty, excise duty and export duty with North Borneo retain a total of 30% from customs and excise for as long it is responsible for health and medical expenditure)[note 5] |
In 1966, the Continental Shelf Act was enforced by the federal government on the two despite both had already extended their jurisdiction over the continental shelf adjacent to their territory.[47] Further in 1974, the Petroleum Development Act was enforced on the two, giving them only 5% of oil royalty from the revenue[48][49][50] |
| Religion | No official religion[note 6] | Sabah: Islam is amended as official religion through the controversial 1973 State Constitution[41][42][51] Sarawak: No official religion (Updated in state government website as of 2015.[52] In 2018, Sarawak began to allow converts to renounce Islam if they already wish so without the need to keep forcing them to stay in the religion)[53] (Frequent cases of Sabahan and Sarawakians non-Muslims identified as Muslims,[54][55] Muslims who wish to convert out of Islam are being prevented as well the rampant religious intolerance and conversion of non-Muslims students in schools without their parents consent.[56] In July 2006, state mufti of Sabah issued a fatwa to an ongoing Taoist statue project where a stop-work order was then being imposed by the state government on the construction of Mazu (Goddess of the Sea) statue in Kudat District.[57][58] Further in April 2007, a local businesswoman loan application was rejected because her unisex styling business was in conflict with Islam)[58] |
| See also: 1962 Inter-Governmental Committee (IGC) Report and 1963 Malaysia Agreement | ||
Inter-governmental negotiations
In October 2009, the then Prime Minister Najib Razak declared that Malaysia Day would become a national holiday with the intent of promoting unity between West and East Malaysia.[21][59] On the Malaysia Day following his victory in the 2018 general election, Prime Minister Mahathir Mohamad announced a commitment to restore Sabah and Sarawak as equal partners to Western Peninsula after a review of the 1963 Malaysia Agreement.[60][61] That year, the Prime Minister's Department published a special article regarding the formation of the country.[62]
On 5 March 2019, a meeting was held between Prime Minister Mahathir and representatives from the Sabah and Sarawak governments. Neither party identified any significant items of dispute with regards to the 1963 agreement. Items that were not resolved, such as stamp duty were to be referred to a Technical Review for detailed assessment.[63] Although some issues were unresolved, Minister of Law in the Prime Minister's Department Liew Vui Keong announced on 8 March that the cabinet had agreed to amend Article 1(2) of the Federal Constitution and that the amendment will be tabled for the next sitting of Parliament on 11 March.[64] On 11 March, the sitting of Parliament began with the amendment being the primary focus of discussion.[65]
On 2 April, Minister Liew announced that the federal government would table the amendment at the Parliamentary meeting, scheduled for the following week.[66]
Dewan Rakyat debate
First reading
_2_of_the_Constitution_of_Malaysia,_p_1.jpg)
_2_of_the_Constitution_of_Malaysia,_p_2.jpg)
(Right) The bill explanatory statement.[67][68]
On 4 April, before the amendment could be tabled for its first reading by Minister Liew, a number of opposition MPs from Sabah and Sarawak raised significant concerns that the proposed amendment was being pushed through without adequate consultation with East Malaysian MPs on the draft contents.[67] Minister Liew responded with a statement in Parliament that the amendment would effectively change the status of Sabah and Sarawak from state into territory, once the committee completed their review of the 1963 agreement.[69]
In his statement, Liew also explained that the special committee was chaired by Prime Minister Mahathir, along with the Chief Ministers of Sabah and Sarawak, the Attorney Generals and other high-ranking officers. However, he did not clarify why the bill should be passed before other separate amendments, which would promote greater autonomy of the two entities, were implemented.[69] Despite the review and meetings, the bill was opposed after the reading,[70] with one opposition MP, Sim Kui Hian of the Sarawak United Peoples' Party (SUPP) who voted against the bill, stating in an interview that the amendment retained Sarawak as one of the 13 states of Malaysia rather than equal partner. He also stated that there was no amendment to Article 160 of the constitution regarding the definition of "Federation", which should be based on the Malaysia Agreement of 1963 instead of the Malaya Agreement of 1957.[71] Other opposition MPs also followed suit demanding the bill be temporary retracted.[72]
Second reading
_2_amendment_with_definition_as_according_to_the_1963_Malaysia_Agreement.jpg)
On 8 April, Minister Liew stated that the wording of the bill would follow the 1963 version of Article 1(2) of the Constitution. The minister also stated that he received no opposition from the Prime Minister or the federal Attorney General.[73][74] However, despite these changes,[75] Fadillah Yusof, Chief Whip of the Sarawak Parties Coalition (GPS), stood firm on a request that the bill be temporarily withdrawn, or referred to a select committee, for further discussion.[76]
In a speech on 9 April, during the second reading of the bill, Prime Minister Mahathir stated that the amendment was a "starting point and is an appropriate time for the Pakatan Harapan (PH) government to take the first step in realising the needs of the people in Sabah and Sarawak in line with the Malaysia Agreement 1963".[77] People's Justice Party (PKR) President Anwar Ibrahim concurred saying the matter had undergone extensive debate and that the concerns of the people of Sabah and Sarawak were being addressed by the PH administration. He also stated that restoration of the two states was a meaningful step being undertaken by the PH government, compared to the half century of inaction by the previous Barisan Nasional government, and should not be opposed.[4][78]
In response to a question from Ketereh MP Tan Sri Annuar Musa concerning the necessity of having a select committee review the bill, Sabah Chief Minister Shafie Apdal agreed that such a review was unnecessary and would only delay other amendments that would restore other aspects of the 1963 agreement. He also refuted claims that passing of the bill would result in an "erosion of nationhood among the people of Sabah and Sarawak".[79]
Division result
At 10:20 pm local time, the chamber divided.[80] Of the 197 MPs present, 138 voted in support for the amendment while 59, primarily members of the Barisan Nasional coalition, did not cast a vote.[5][6] The bill was put up for voting by Speaker Mohamad Ariff Md Yusof after a day-long debate with no MPs from either side actually opposing the restoration bill.[4][9]
| No. | Name | Party (coalition) | Constituency | State |
|---|---|---|---|---|
| Supported (138)[81] | ||||
| 1 | Abdul Latiff Ahmad | Malaysian United Indigenous Party (Pakatan Harapan) | Mersing |  Johor
|
| 2 | Abdul Rahim Bakri | Malaysian United Indigenous Party (Pakatan Harapan) | Kudat | Sabah
|
| 3 | Abdullah Sani Abdul Hamid | People's Justice Party (Pakatan Harapan) | Kapar |  Selangor
|
| 4 | Ahmad Faizal Azumu | Malaysian United Indigenous Party (Pakatan Harapan) | Tambun |  Perak
|
| 5 | Ahmad Hassan | Sabah Heritage Party | Papar | Sabah
|
| 6 | Akmal Nasrullah Nasir | People's Justice Party (Pakatan Harapan) | Johor Bahru | Johor
|
| 7 | Ali Biju | People's Justice Party (Pakatan Harapan) | Saratok | Sarawak
|
| 8 | Alice Lau Kiong Yieng | Democratic Action Party (Pakatan Harapan) | Lanang | Sarawak
|
| 9 | Amiruddin Hamzah | Malaysian United Indigenous Party (Pakatan Harapan) | Kubang Pasu |  Kedah
|
| 10 | Anifah Aman | Independent | Kimanis | Sabah
|
| 11 | Anthony Loke Siew Fook | Democratic Action Party (Pakatan Harapan) | Seremban |  Negeri Sembilan
|
| 12 | Anuar Tahir | National Trust Party (Pakatan Harapan) | Temerloh |  Pahang
|
| 13 | Anwar Ibrahim | People's Justice Party (Pakatan Harapan) | Port Dickson | Negeri Sembilan
|
| 14 | Arthur Joseph Kurup | United Sabah People's Party (Gabungan Bersatu Sabah) | Pensiangan | Sabah
|
| 15 | Awang Husaini Sahari | People's Justice Party (Pakatan Harapan) | Putatan | Sabah
|
| 16 | Azis Jamman | Sabah Heritage Party | Sepanggar | Sabah
|
| 17 | Azizah Dun | Malaysian United Indigenous Party (Pakatan Harapan) | Beaufort | Sabah
|
| 18 | Azman Ismail | People's Justice Party (Pakatan Harapan) | Kuala Kedah | Kedah
|
| 19 | Baru Bian | People's Justice Party (Pakatan Harapan) | Selangau | Sarawak
|
| 20 | Cha Kee Chin | Democratic Action Party (Pakatan Harapan) | Rasah | Negeri Sembilan
|
| 21 | Chan Foong Hin | Democratic Action Party (Pakatan Harapan) | Kota Kinabalu | Sabah
|
| 22 | Chan Ming Kai | People's Justice Party (Pakatan Harapan) | Alor Setar | Kedah
|
| 23 | Chang Lih Kang | People's Justice Party (Pakatan Harapan) | Tanjong Malim | Perak
|
| 24 | Charles Santiago | Democratic Action Party (Pakatan Harapan) | Klang | Selangor
|
| 25 | Chong Chieng Jen | Democratic Action Party (Pakatan Harapan) | Stampin | Sarawak
|
| 26 | Chow Kon Yeow | Democratic Action Party (Pakatan Harapan) | Tanjong |  Penang
|
| 27 | Christina Liew Chin Jin | People's Justice Party (Pakatan Harapan) | Tawau | Sabah
|
| 28 | Darell Leiking | Sabah Heritage Party | Penampang | Sabah
|
| 29 | Dzulkefly Ahmad | National Trust Party (Pakatan Harapan) | Kuala Selangor | Selangor
|
| 30 | Eddin Syazlee Shith | Malaysian United Indigenous Party (Pakatan Harapan) | Kuala Pilah | Negeri Sembilan
|
| 31 | Edmund Santhara | People's Justice Party (Pakatan Harapan) | Segamat | Johor
|
| 32 | Fahmi Fadzil | People's Justice Party (Pakatan Harapan) | Lembah Pantai |  Kuala Lumpur
|
| 33 | Farid Rafik | Malaysian United Indigenous Party (Pakatan Harapan) | Tanjung Piai | Johor
|
| 34 | Fasiah Fakeh | Malaysian United Indigenous Party (Pakatan Harapan) | Sabak Bernam | Selangor
|
| 35 | Fong Kui Lun | Democratic Action Party (Pakatan Harapan) | Bukit Bintang | Kuala Lumpur
|
| 36 | Fuziah Salleh | People's Justice Party (Pakatan Harapan) | Kuantan | Pahang
|
| 37 | Gobind Singh Deo | Democratic Action Party (Pakatan Harapan) | Puchong | Selangor
|
| 38 | Hamzah Zainudin | Malaysian United Indigenous Party (Pakatan Harapan) | Larut | Perak
|
| 39 | Hannah Yeoh Tseow Suan | Democratic Action Party (Pakatan Harapan) | Segambut | Kuala Lumpur
|
| 40 | Hasan Bahrom | National Trust Party (Pakatan Harapan) | Tampin | Negeri Sembilan
|
| 41 | Hasanuddin Yunus | National Trust Party (Pakatan Harapan) | Hulu Langat | Selangor
|
| 42 | Hassan Abdul Karim | People's Justice Party (Pakatan Harapan) | Pasir Gudang | Johor
|
| 43 | Hatta Ramli | National Trust Party (Pakatan Harapan) | Lumut | Perak
|
| 44 | Ikmal Hisham Abdul Aziz | Malaysian United Indigenous Party (Pakatan Harapan) | Tanah Merah |  Kelantan
|
| 45 | Isnaraissah Munirah Majilis | Sabah Heritage Party | Kota Belud | Sabah
|
| 46 | Jeffrey Kitingan | Homeland Solidarity Party (Gabungan Bersatu Sabah) | Keningau | Sabah
|
| 47 | Johari Abdul | People's Justice Party (Pakatan Harapan) | Sungai Petani | Kedah
|
| 48 | Jonathan Yasin | People's Justice Party (Pakatan Harapan) | Ranau | Sabah
|
| 49 | Jugah Muyang | People's Justice Party (Pakatan Harapan) | Lubok Antu | Sarawak
|
| 50 | Zdroj:https://en.wikipedia.org?pojem=Proposed_2019_amendment_to_the_Constitution_of_Malaysia||||
