What specific rights were taken from Sabah and Sarawak by ACT354?

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ACT 354 of 1976 Illegally Altered Sabah and Sarawak's Special Rights and Territorial Boundaries

The passage of Act 354 in 1976, which amended Article 1 of the Federal Constitution, is argued to have unlawfully removed the special rights and reduced the pre-1963 territorial boundaries of Sabah and Sarawak. This legislative action, according to legal expert Robert Pei, was a "back door amendment" to the Malaysia Agreement 1963 (MA63) and facilitated the federal government's appropriation of territorial water resources, thereby breaching the foundational treaty.
Undermining of Special Rights and Boundaries

Act 354 is identified as a key piece of legislation that diminished the distinct status of Sabah and Sarawak within the federation. The amendment is specifically cited for altering and reducing the agreed territorial boundaries of these two states as they existed before Malaysia was formed in 1963. This alteration is presented as a mechanism that enabled the federal government to assert control over their territorial waters, which is considered a violation of the terms established by MA63.
Constitutional Amendment and MA63 Breach

The core of the argument against Act 354 lies in its nature as a constitutional amendment. Such amendments require a two-thirds majority in Parliament to be repealed, a threshold that highlights the significant impact of Act 354. By amending Article 1 of the Federal Constitution, the Act is seen as having fundamentally changed the constitutional framework agreed upon in MA63, thereby undermining the treaty's original intent and the agreed-upon territorial integrity and rights of Sabah and Sarawak.
Impact on Territorial Water Resources

A significant consequence of Act 354's amendments, as outlined by Pei, was the enabling of the federal government to seize territorial water resources belonging to Sabah and Sarawak. The reduction of their pre-1963 territorial boundaries through this constitutional amendment directly impacted the states' sovereign rights over their natural resources, leading to a situation that contravenes the spirit and letter of the Malaysia Agreement 1963.

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What specific rights were taken from Sabah and Sarawak by ACT354?

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