Monday 11 April 2016

Baru Bian on PKR's Roadmap for Sarawak's autonomy and safeguards




ROADMAP FOR SARAWAK’S AUTONOMY AND SAFEGUARDS

Thank you Madam Moderator, distinguished colleague panel speakers, ladies and gentlemen.

At the outset, may I take this opportunity to thank the Organising Committee for inviting me to this historical “Debate” to present PKR or Keadilan’s “Policies on the roadmap for Sarawak autonomy as our basic rights and status” for the general Sarawakian voters to think through before the upcoming 11th State General Election.


Ladies & gentlemen, our stand on Sarawak’s rights and status has been crystal clear, consistent and certain from the beginning, and is set out in our manifestos and policy documents:

Collins Dictionary defines “Manifesto” as:

 “A public declaration of intent, policy, aim etc as issued by a political party, government or movement”.

Our policy documents that are in the public domain and had been publicly launched are as follows:

1.            Pakatan Rakyat Manifesto 2011 (Sarawak Elections 2011);
2.            Submission to the Parliamentary Select Committee for Electoral Reform 2011;
3.            The Kuching Declaration dated 16th September, 2012;
4.            Manifesto Rakyat 2013 (General Elections 2013); and
5.            18-Point Roadmap 2015 (Sarawak Elections 2016)

Amongst the issues that are consistently addressed in these documents are:

1.            Sarawak as an Autonomous state and equal partner within the Federation of Malaysia within the framework of the Federal Constitution as opposed to cessation;
2.            Guarantee to increase petroleum royalty for Sarawak and Sabah from 5% to 20%;
3.            On Native Customary Rights, land reform and the setting up of a Land Commission is provided in all 4 policy documents;
4.            Guarantee of Freedom of Religion; and
5.            The Borneonisation of the Civil service.

             PAKATAN RAKYAT MANIFESTO 2011 (SGE10) AND PKR 18 POINTS ROADMAP FOR 2016 SGE

For example, under Item 1, on “FREEDOM OF BELIEF” of our Manifesto in 2011, we declared:
             “WE GUARANTEE FREEDOM OF RELIGION as enshrined in the Federal Constitution without any form of hindrance and make no discrimination in assistance and allocations to a particular belief or religion and in the process maintain the status of Sarawak as a secular State.”
             (Item 2 in 18PRM we included equitable distribution of building funds and lands for construction of places of worship for all religions)

Under Item 2, on “GOOD GOVERNANCE” we pledged amongst other things:
             To set up an independent commission of inquiry to investigate the allegations of ill-gotten wealth of BN politicians and their cronies, to ensure the due process of law and prosecution and to return the wealth to the people of Sarawak.
             To establish an Ombudsman to receive complaints from the public against corruption and power abuse by Government Ministers and heads of departments.
             To restore local government elections for all local authorities including the adat ruai and/or custom of choosing the Village Leaders or Ketua Masyarakat in order to return power to the people at all levels.
             (Item 1 &18 18PRM, which further proposed 22nd July as a public holiday & the removal of the term lain-lain from all State Government Forms)

Under Item 3, on “LAND REFORM & NATIVE LAND COMMISSION” we promised amongst other things:
             All expiring leases will be unconditionally renewed for 99 years.
             All s.47 notifications will automatically lapse after 2 years of gazettal.
             Land alienation will be carried out through open tenders.
             A Native Land Commission shall be formed having power to investigate all NCR land claims, and thereafter to survey and issue grant or leases to such lands in accordance with the adat or customs of the natives of Sarawak.
             (Item 3 18PRM further promised the recognition of NCR in full i.e  ‘pemakai menua & pulau galau’ concept).

Under Item 4, on “ERADICATION OF POVERTY” we promised amongst other things:
             To set up a RM1 Billion State Alleviation Fund to ensure that no family in Sarawak lives below the official poverty line.
             To kick-start the rural economy by the construction of roads connecting all the rural areas of Sarawak that will quicken the provision and construction of public amenities including schools, kindergartens, medical services and telecommunications.
             (Item 5 18 PRM)

Under Item 5, on “FEDERAL-STATE RELATIONS” we pledged amongst other things:
             To maintain good federal state relations in line with the spirit of Malaysian Agreement 1963, and ensure that any marginalization neglect and omission on the 18 points be addressed immediately.
             When we takeover the Federal Government we guarantee to increase the petroleum royalty from the present 5% to 20%.
             And priority in employment opportunities in the State Public Service should be given to Sarawakians, (the spirit of Borneonisation).
             (Item 4 18PRM)

Under Item 6, on “GREENER SARAWAK” we declared amongst other things that:
             We will ensure the observance and implementation of State and International laws and/or Conventions on the environment for the benefit of future generations of Sarawakians.
             We will stop the constructions of excess/mega dams.
             (Item 15 18PRM includes EIA and Public Commission reports as a prerequisite in implementing mega projects)

Under item 7, on “A FAIR DEAL FOR ALL SARAWAKIANS” we promised amongst other things:
             Committed to support stable economic growth, sustainable development and a fairer distribution of income and wealth based on hard work, competitiveness and technological innovation.
             The immediate registration of stateless Sarawakians and the unconditional granting of citizenship papers to all Malaysians of Sarawak origin.
             (Item 1 18PRM)

Under item 8, on “CULTURE AND EDUCATION” we said amongst other things:
             We respect the constitutional rights of all ethnic groups to learn their mother tongues and to treat all mother tongue education equally.
             That science and Mathematics subjects in secondary schools must be taught in the English language.
             (Item 8 & 14 18PRM)

Under item 9, on “RIGHTS OF WOMEN & THOSE WITH SPECIAL NEEDS” we declared:
             We guarantee gender equality and will review all laws that are discriminatory against women.
             To set up more special schools for children with special needs.
             (Item 11 18PRM includes a zero tolerance policy for violence against women and children)

Under item 10, on “INVESTMENT INTO THE FUTURE” we promised:
             To emphasize long-term investment in human capital and infrastructure to make Sarawak a great economy.
             Wifi to be provided free to move Sarawak into a knowledge state.
             (Item 12 investment on Youth development program, item 13 on Tourism, item, 14 on Culture, item 16 on Agriculture & Fisheries and item 17 on Sports)

Ladies & gentlemen, our other policy documents i.e, The Kuching Declaration 2012 and Manifesto Rakyat had incorporated these issues too.

Therefore our stand is very public and set down on paper and will be implemented when we are given the mandate to take the reign of the State and Federal Government.

On top of all these, ladies & gentlemen, we have advocated and stood for our rights repeatedly in the DUN since 2011 and in public and press statements.


             ENGLISH AS OFFICIAL LANGUAGE
On the status of English as an official language, I spoke about this as far back as 2012 in the May session of the DUN and in statements in the press each time some misguided civil servant calls for the enforcement of the use of BM in official documents. And eventually, I am very glad that the Honourable Chief Minister has agreed with me on this point, when he said it publicly only at the end of last year.


             EDUCATION/UEC
On the UEC issue, our manifesto for GE13 states clearly that a federal government under Pakatan Rakyat (now Pakatan Harapan) will recognize UEC for admission for higher education. Although the Chief Minister has said the state government recognizes UEC, long after we declared it, the federal BN government disagreed with him.

             NO OFFICIAL RELIGION FOR SARAWAK
On the official religion of the State of Sarawak, I have pointed out early in my term as an ADUN, that this very fundamental right of Sarawakians i.e, - that there is no official religion in Sarawak, a point that was fought for by our forefathers must be maintained. Our stand on this matter is public knowledge as it was widely reported in the press and online media. As far as I know, no other political party had seen the need to remind the government of this fact.

In fact, after I brought up on 2 occasions glaring errors in government websites that stated that Bahasa Malaysia is our official language and Islam is our official religion, these entries were removed from the websites. The latest incident on the official religion issue was during the last DUN sitting in December 2015. Where I demanded explanation from the Chief Minister as to why is it that the government’s official portal www.sarawak.gov.my under the tab ‘Visitors’ states that Islam is the official religion of Sarawak. And the first time was in Chief Minister’s State Planning Unit’s website under ‘Sarawak Facts and Figures 2010’.


             BORNEONISATION
We have also advocated for Borneonisation of the civil service. YB Ali Biju raised this issue as far back as May 2012 in the DUN.  I submitted a motion on this at the last DUN sitting in December but it was rejected by the Speaker.

             SARAWAK TERRITORIAL INTEGRITY
One crucial right that no other party has spoken up about is the erosion of our territorial integrity brought about by the passing of the Territorial Sea Act 2012. By that act, the territorial boundary of Sarawak was reduced to 3 nautical miles by the Federal government with the intention to claim ownership of the rich petroleum and gas reserves in the continental shelf within our territorial boundaries. It should be noted by everyone in this theatre that not one single Sarawakian MP spoke up for Sarawak in Parliament when this Act was being debated. Sarawak PKR has no representation in Parliament at that time. The impact of the shrinking of our territorial border is incredibly huge – we are talking about ownership of our natural resources.

Our PKR Rep YB See Chee How tabled a motion for the state government to restore our territorial integrity at the last DUN sitting and it was accepted as an incorporation into a motion by Senior Minister Tan Sri James Masing calling for the State government to discuss with the federal administration the conditions set out by the state during the formation of Malaysia in 1963.

             REPRESENTATION IN PARLIAMENT
On the issue of representation in parliament, in our submission to the Select Parliamentary Committee on Electoral Reform in 2011, we asked for the restoration of our veto power of 34% of seats for Sarawak and Sabah, which was lost when Singapore left the Federation of Malaysia in 1965, when 8 of their 15 parliamentary seats were given to Sabah and Sarawak (4 each) and 7 to the Federation of Malaya. This had caused the balance of political power between Peninsula Malaysia and Sabah/Sarawak to shift.

             NCR OVER LAND
On NCR issues, No political party has been so passionate about the protection of NCR over land for the natives of Sarawak other than Keadilan. In the DUN two attempts were made by me to get the State Government to amend the Sarawak Land Code to incorporate the decisions of the Courts on “pemakai menua & pulau galau” but to no avail. On the first attempt, my Motion was thrown out by the Speaker’s ruling. And on the second attempt upon the suggestion and challenge made by the then Special Minister in the Chief Minister’s office, now the Chief Minister of Sarawak, vide a Private Bill also to amend the Land Code, it was defeated by a vote of the ADUN present. All the BN YBs including the natives voted against it whereas all the opposition YBs voted in support of the Bill. As far as I know, almost all the lawyers involved in defending NCR Cases are Keadilan members.

             OTHER RIGHTS
On other rights, our PKR assemblymen have unfailingly spoken up for better provisions for health, education, infrastructure and economic growth. After all this was the very reasons why our forefathers agreed to form Malaysia; to be on par with Malaya in every aspect of her welfare.

             CONCLUSION

Ladies & gentlemen, it is my submission this afternoon that it is without a doubt that PKR together with our partners had made it very, very clear that our policies are carefully articulated to maintain the autonomous right of Sarawak within the Federation and to protect our rights as agreed under the Malaysian Agreement of 1963 and the 18 points agreement upon which Malaysia was formed. I rest my case.


Kuching Declaration 2012
The Kuching Declaration is a declaration was adopted by the three component parties of the Pakatan Rakyat (i.e. People's Justice Party (PKR) signed by Anwar Ibrahim and Baru Bian, Democratic Action Party (DAP) signed by Lim Kit Siang and Wong Ho Leng, Pan-Malaysian Islamic Party (PAS) signed by Abdul Hadi Awang and Adam Ahid, ) to coincide with Malaysia Day celebrations on 16 September 2012 held at Chonglin Park,Kuching, Sarawak, the declaration pledge and promise will honour the spirit of the Malaysia Agreement of 1963 to the nations and the peoples of the States of Sarawak and Sabah that when they form the next government of the Malaysia they will honour all its pledges and promises in this declaration.
The Declaration

Lest we forget, and lest all the peoples of our great Nation of Malaysia forget, we the undersigned do once again firmly, resolutely and unequivocally pledge and promise before the whole Nation of Malaysia as our witness, on this historically day 16 September 2012, in the City of Kuching, and on behalf of our respective parties and Pakatan Rakyat will honour all its pledges and promises to the peoples of Malaysia.
We will honourably execute all the policies set forth in the Buku Jingga so that Malaysia will once again be a great Nation, her peoples prosperous, her future secure and peaceful, and her name celebrated by all the nations of the world.
We will honour the spirit of the Malaysia Agreement of 1963 which our founding fathers put their hands to, and as a sign of our deep commitment to the peoples of Sarawak and Sabah, consistent with democratic principles and justice for all Malaysians, in particular:
ARTICLE ONE: EQUAL PARTNERS
We will restore the spirit of the Malaysia Agreement and the position of Sarawak and Sabah[1] as equal partners within Malaysia by restoring autonomy to Sarawak and Sabah within the framework of the Federal Constitution.
ARTICLE TWO: FAIR REPRESENTATION
We will increase national integration between Sarawak, Sabah and Peninsular Malaysia through a fair power-sharing arrangement that fully upholds the spirit of the Malaysia Agreement.
ARTICLE THREE: CITIZENSHIP
We will set up a Royal Commission to solve the perennial national problem of illegal immigration and citizenship, particularly in Sarawak and Sabah.
ARTICLE FOUR: RESTORATION OF NATIVE CUSTOMARY RIGHTS OVER LAND
We will endorse the authority already vested in the State Laws of Sarawak and Sabah to set up Land Commissions to investigate, resolve disputes, redress, survey and restore Native Customary Rights over Native Customary Lands.
ARTICLE FIVE: COMPETENT SARAWAK AND SABAH
We will endorse the appointment of Sarawak and Sabah citizens to head Government Departments in their own respective States and by the powers vested in the State Secretaries of both States as well as give first priority to the appointment of Sarawak and Sabah citizens at Federal Government level functioning within Sarawak and Sabah.
ARTICLE SIX: OIL JUSTICE
We will raise the royalties paid on petroleum and hydrocarbon resources to Sarawak and Sabah to 20% from the present 5%.
ARTICLE SEVEN: EQUITABLE DEVELOPMENT
We will bring the level of infrastructure development in Sarawak and Sabah up to par with Peninsular Malaysia.
We, the undersigned, make this declaration as an incontrovertible contract between the Pakatan Rakyat and the peoples of Malaysia, this historic day of 16 September 2012 on Malaysia Day, so that it may ring out resoundingly from Malaysia’s high forest hills down to the open sea; so that freedom may ever reign; and our peoples live in unity!
In witness whereof the undersigned, being duly authorised thereto, have signed this Declaration, and all the peoples of Malaysia being witnesses thereof.
Done at Kuching, this 16th day of September, 2012, in six copies of which one shall be deposited with each of the signatories.[3]

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