REFORM tells DAP to apologise for not speaking out against relegating Sarawak's status to a state

 By SimonPeter

KUCHING, Nov 10, 2016 - Sarawak Reform Party commends the Sarawak government on their resolution to move in Dewan Undangan Negeri  to reject the 1976 amendment which relegated Sarawak to one of 13 states, as Sarawak is rightfully one of three territories of the Federation of Malaysia. 

 REFORM president Lina Soo showing the relevant provisions of the Malaysia Agreement 1963

REFORM supports the proposed initiative as  Federal Constitution Article 1(2) is unconstitutional and in contravention of the Malaysia Agreement, the founding constitutional document for the formation of the Federation of Malaysia.

Lina Soo, president of REFORM also takes issue with DAP which has claimed to be fighting for Sarawak rights in opposing the 1976 amendment.  In fact, explains Soo,  Lim Kit Siang never debated or opposed the Article 1 (2) amendment, nor did DAP  reject the Article 1 (2) amendment.

 According to the Hansard of 12th July 1976, Lim only debated on corruption, civil liberties, citizenship,  arrest and detention powers.   Lim was silent on Article 1 (2).   Nor did Lee Lam Thye object to  Article 1 (2) amendment, because Lee only spoke on employment vacancies in the public services.  

 Lim put it on record that DAP did not support the batch of amendments pertaining to fundamental liberties and the rule of law only, with no objection to Article 1 (2).

Hence, says Soo,  DAP should tender its apologies for not opposing federal legislation A354 sec 2 on Article 1 (2).  Adds Soo, so too must all other Sarawak MPs who were present apologise, as they had failed in their sacred duty to protect and defend the territorial integrity of Sarawak.

 Soo continues, all that the Sarawak Government need to do is to declare Amendment A354 Sec 2 void and unenforceable, and gazette it. 

Sarawak DUN is the avenue with the constitutional and legitimate power to reject unconstitutional laws, especially  federal legislation which impinge upon Sarawak rights.

Soo contends  it is not Parliament that is the avenue  to redress  the injustice,  as the Federal Parliament is a subordinate institution created out of the Federation and is not privy to the Malaysia Agreement. 

Soo cites Article 14 of the Inter-Governmental Report:  In certain respects the Committee agreed that the requirements of the Borneo States could appropriately be met by undertakings or assurances to be given by the Government of the Federation of Malaya rather than by constitutional provisions.  

The Committee agreed that the more important undertakings should be included in the formal agreement and envisaged that the other undertakings and assurances might be dealt with in exchanges of letters between the Governments concerned. 

Again, Article VIII of the Malaysia Agreement states:  The Governments of the Federation of Malaya, North Borneo and Sarawak will take such legislative, executive or other action as may be required to implement the assurances, undertakings and recommendations contained in Chapter 3 of, and Annexes A and B  to, the Report of the Inter-Governmental Committee signed on 27th February 1963, in so far as they are not implemented by express provision of the Constitution of Malaysia.

 This, says Soo, means the Sarawak government has the jurisdiction to take all legislative, executive and any other actions to implement the assurances and undertakings of the Malaysia Agreement at any time, on government to government basis, to seek compliance of the Agreement.

If Chief Minister Adenan is sincere to defend Sarawak rights as enshrined in the Malaysia Agreement, he will have the full support of the people. 

But the Sarawak government must stop begging, and instead institute the  constitutional processes to protect and defend  our territorial and legitimate rights, even if it means going as far as to raise the matter to the architect and principal signatory of the Malaysia Agreement, which is the United Kingdom, and the governments concerned.

Meantime, concludes Soo, now with the Sarawak government addressing this injustice to Sarawak through DUN this November, once the action is passed and gazetted, this will be the best Christmas present the Sarawak government could give to the rakyat.