What rights under MA63 have been sidelined since 1963?

Question

Accepted Answer

Rights Under MA63 Have Been Sidelined Since 1963, Ex-Minister States

The rights of Sabah and Sarawak under the Malaysia Agreement 1963 (MA63) have been sidelined from 1963 to 2016, according to former federal minister Datuk Seri Wan Junaidi Tuanku Jaafar. This observation stems from a general lack of understanding and implementation of the agreement's provisions among civil servants, who often perceive it as mere regional sentiment rather than a national agenda. Specific areas where these rights have been impacted include the appointment of representatives to the Inland Revenue Board of Malaysia (IRB) and the process for appointing Judicial Commissioners in Sarawak.
Appointment of Sabah and Sarawak Representatives to the IRB

A significant instance of sidelined rights involves the appointment of representatives from Sabah and Sarawak to the board of directors of the Inland Revenue Board of Malaysia (IRB). While a proposal to amend the IRB Bill for this purpose was agreed upon by the Cabinet under the previous administration in 2022, the legislative changes were not enacted. Although the current Prime Minister, Datuk Seri Anwar Ibrahim, has since made such appointments, they have not yet been enshrined in legislation through an amendment to the IRB Bill. This necessitates legislative changes to ensure that the appointment of these representatives is protected and mandated by law, rather than being subject to administrative discretion.
Centralisation of Judicial Commissioner Appointments in Sarawak

Another critical area of concern is the power to appoint Sarawak Judicial Commissioners. Historically, this power was vested with the Governor, as per the original provisions of the 1963 agreement. However, the Constitution was amended in 1985, centralising the appointment power and effectively removing the state's right to decide on such appointments. There is a current proposal to transfer this power back to the Governor, thereby reverting to the original arrangement established in 1963 and restoring a degree of autonomy to Sarawak in judicial appointments.
Proposed Amendments to Federal and Concurrent Lists

Beyond specific appointments, there are broader proposed amendments to MA63 that address the rights of Sabah and Sarawak. These include a proposal to move the subject of tourism from the Federal List of Schedule 9 to the Concurrent List. Such a shift would imply a shared jurisdiction over tourism matters between the federal government and the state governments, potentially allowing for greater state involvement and control in its development and regulation.
Perception and Implementation of MA63

The underlying issue contributing to the sidelining of these rights, as highlighted by Wan Junaidi, is a pervasive lack of awareness and understanding of MA63 among many civil servants. He stresses that the agreement should be viewed as a national agenda, not merely as a sentiment of Sabah and Sarawak. This disconnect has led to the rights and provisions outlined in MA63 being neglected or inadequately implemented for an extended period, from the formation of Malaysia in 1963 until around 2016.

Reading history

Hide →

This history is cleared when the page is closed.

What rights under MA63 have been sidelined since 1963?

Loading

Was this article helpful?

Helpful

Not helpful

Report an issue

1

0

0

Share with friends