By Simon Peter
KUCHING, November 22, 2016 - Deputy Chief Minister James
Masing said the state government will not let the people down in its pursuit to
reclaim the state's rights and interests from the federal government.
James Masing:The Malaysia Agreement itself is in the nature of a
Treaty and was ratified by Federal Parliament. There is no provision for its
amendment or modification.
"The people of Sarawak have given a clear and strong
mandate to the state government to safeguard our state’s autonomy and the
constitutional protection of the state’s special rights and interests.
(Therefore), the state government assures the people that
their trust will not be misplaced," said Masing in his statement to the state assembly today.
"With Prime Minister Najib Razak’s assurance that
his “door” remains open for discussion on our concerns over the “erosion” of
our State’s rights due to misinterpretation of the Malaysia Agreement, the
state government will continue to actively and constructively engage with the
federal authorities in this process in order to achieve an outcome which will
strengthen national unity through respect and adherence to the fundamental
principles upon which this nation is founded.
"This is a process which Chief Minister Adenan Satem has already
reminded Sarawakians, would be long and tedious," Masing said.
" But, I must categorically assure this august House
and the people of this state whose support brought us here, that the government’s
commitment to “reclaim” the rights of the state remains firm and
resolute," he said.
He said that the government will report back to this
august House from time to time of the progress made and to seek the honourable
members’ support in passing or amending legislations that would be needed to
implement and advance what has been achieved in discussions with the Federal
authorities.
"The state government will do our utmost to satisfy
the aspirations of the people that Sarawak shall enjoy the autonomy guaranteed
by the Federal Constitution and have its rightful status in the Federation of
Malaysia," he said.
He reminded that Sarawak joined the Federation of
Malaysia after the Cobbold Commission reported that a majority of the people
would agree for Sarawak to be part of the Federation only if there were
safeguards for the special interests of the state.
"As a result, an Inter-Governmental Committee (IGC)
was established, comprising of representatives of the British Government,
Malayan Government, and from Sarawak and then North Borneo to make
recommendations for the constitutional safeguards necessary to protect the
special rights and interests of Sabah and Sarawak.
"For the record, the Malayan Government
representatives in the IGC were led by the then Deputy Prime Minister Tun Abdul
Razak bin Hussein.
"The IGC recommended that, before the formation of
Malaysia, various safeguards and measures must be in place, to protect the interests
of Sarawak and Sabah, including the passing of the Malaysia Act, 1963,
amendments to the Federal Constitution and the Immigration Act, 1959 so that
these safeguards are firmly entrenched in the Constitution and relevant
legislations.
"The IGC Report formed part of the Malaysia
Agreement as an appendix thereto. Article VIII of the Malaysia Agreement
obligated the government of the federation and those of Sarawak and Sabah to
take executive, legislative, administrative and other actions to implement the
recommendations of the IGC.
"The Malaysia Agreement itself is in the nature of a
Treaty and was ratified by Federal Parliament. There is no provision for its
amendment or modification.
"However, over time, the people of Sarawak have become very concerned over the
erosion of the constitutional safeguards and in some areas, non-compliance with
those Constitutional provisions which accord greater executive, legislative and
financial autonomy to the state.
"Legislations by Parliament and policy decisions
made and actions were taken were deemed not consistent with the letter and
spirit of Malaysia Agreement.
"Consequently, about two years ago, our Chief
Minister and the Prime Minister agreed to commence a process, generally,
described as, “Devolution of Powers” so that the constitutional safeguards,
autonomy and powers accorded to Sarawak under the Malaysia Agreement and
entrenched in the Federal Constitution would be rigorously adhered to.
"Further, in the spirit in which the federation was
formed as a “partnership” of Malaya, Sarawak and Sabah and Singapore (who had
left the Federation), certain powers would be devolved or entrusted to the state
to strengthen government administration, to ensure more efficient management,
co-ordination and execution of federal initiated development projects so as to
accelerate the pace of development in the state, as well as to provide more job
opportunities for Sarawakians in federal departments, agencies or statutory
bodies and to lead in these federal organisations," he said.
Masing said thes process would have to be undertaken in
two phases, with the first has already yielded positive results, including for
example:-
(a) recruitment of more locals into federal departments
and schools and to Petronas’ operations in the state;
(b) empowerment of state Legal officers by the federal
Attorney General to prosecute offences against state laws;
(c) undertaking rural development projects like rural
electrification, by state agencies like Sarawak Energy Berhad; and
(d) implementation and management of funds allocated by
the federal Government for the Pan Borneo Highway project.
He said the second phase, which covers issues relating to
special grants and other revenues assigned by the Tenth Schedule in the Federal
Constitution to the state, oil and gas, legislations, education and training,
subsidiary labour legislations to meet the peculiar labour markets and
conditions in Sarawak, is ongoing and under active deliberation by a Technical
Committee chaired by the federal Attorney-General with representatives from the
Sarawak and Sabah Governments among its members.
He added substantial progress has been made in all these
areas under deliberation, citing the tabling of the Distribution of Gas Bill,
2016 in the current sitting of this august House is a clear manifestation of
the progress that has been achieved.
"We should now await the report of this Technical
Committee on the priority subjects relating to financial and oll and gas
issues," Masing said.
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