As Malaysia celebrates its 61st Malaysia Day, it’s crucial to clarify the distinct status of Sabah and Sarawak within the federation. Although often categorised as just two of Malaysia’s 13 "states," Sabah and Sarawak should more accurately be described as "countries" within the Malaysian Federation. This terminology better reflects their historical and constitutional status as equal partners with the Federation of Malaya, rather than subordinate entities.
Sabah and Sarawak: Countries in Their Own Right
Sabah and Sarawak joined Malaysia in 1963 not as subordinate regions but as equal partners to the Federation of Malaya. The Malaysia Agreement 1963 (MA63) recognised their autonomy and special status. Unlike the other states in Peninsular Malaysia, Sabah and Sarawak entered the federation with substantial self-governance, reflecting their unique political and historical contexts.
Recent Developments in Governance
A significant recent development is Sarawak’s transition from a Chief Minister to a Premier. This change reflects Sarawak's evolving governance structure and emphasises its autonomous role within Malaysia. The title of Premier in Sarawak signifies a higher level of authority and aligns with its status as a key partner within the federation.
Sabah originally held titles styled as Yang Di-Pertua Negara, which translates to "Head of Country." This title highlighted its high status and autonomy. However, over time, historical changes and political developments have led to adjustments in these titles, impacting their perceived status within Malaysia. Despite these changes, the fundamental principle of their unique and equal position remains.
Citing UNCLOS: Maritime Boundaries and Sovereignty
While the United Nations Convention on the Law of the Sea (UNCLOS) allows countries to claim a territorial sea of up to 12 nautical miles, the Malaysian Territorial Sea Act 2012 restricts the territorial sea of Sabah and Sarawak to only 3 nautical miles. This limitation has sparked significant controversy, as Sabah and Sarawak had previously enjoyed territorial waters extending up to 12 nautical miles under the North Borneo (Alteration of Boundaries) Order in Council 1954 and the Sarawak (Alteration of Boundaries) Order in Council 1954. These boundaries were established prior to the formation of Malaysia in 1963, when both regions co-founded the Federation. Many in Sabah and Sarawak view the 2012 law as an infringement upon their historical rights, autonomy, and control over their coastal resources. The governments of Sabah and Sarawak have publicly opposed this limitation, with some entities taking legal action to challenge the constitutionality of the Act, arguing that it violates the Malaysia Agreement 1963 and undermines Sabah and Sarawak's autonomy within the Federation.
Autonomy and Special Rights
Several key elements of the Malaysia Agreement and the Federal Constitution highlight the autonomy of Sabah and Sarawak:
1. Immigration Control:
Sabah and Sarawak manage their own immigration policies, requiring Malaysians from other regions to obtain clearance to enter. This autonomy is unique among Malaysia’s states.
2. Natural Resources:
Sabah and Sarawak retain significant control over their natural resources, including oil and gas, in accordance with UNCLOS principles. This level of control reflects their role as countries within the federation.
3. Cabinet and Ministries:
Both Sabah and Sarawak maintain their own cabinets and ministries, with Sarawak now led by a Premier. These governments oversee critical areas such as land, natural resources, and local governance, emphasising their autonomous status.
4. Development and Federal Funding:
The Malaysia Agreement 1963 ensured that Sabah and Sarawak would receive enhanced federal funding for development, acknowledging their unique needs and addressing regional disparities.
5. Ordinances and Local Legislation:
Sabah and Sarawak have their own ordinances and local legislation that should not be overridden by federal laws or the Federal Constitution. These ordinances are integral to their governance and autonomy, reflecting their distinct legal and administrative frameworks.
Historical and Political Identity
Sabah and Sarawak’s political identities are deeply rooted in their colonial histories as separate British territories. Unlike the Federation of Malaya, which achieved independence in 1957, Sabah and Sarawak had their own respective paths to self-governance and independence prior to joining Malaysia in 1963. Their entry into Malaysia was as equal partners, not subordinate entities. The Malaysia Agreement 1963 was designed to preserve their unique status and ensure they would have a significant role within the federation, equal to that of the Federation of Malaya.
The Challenge and Example of Singapore
The departure of Singapore from Malaysia in 1965 presented both Malaysia and Singapore with significant challenges. For Singapore, the separation meant facing greater challenges solo, while Malaysia lost a key partner. This historical event serves as a powerful example for Malaya, Sabah and Sarawak to weigh their own benefits and considerations regarding the strengths of the federation. The separation of Singapore underscored the importance of mutual respect and equitable treatment among federation partners. Sabah and Sarawak, by observing Singapore's experience, are reminded of the value of strong, equitable partnerships and the potential impacts of any shifts in their status.
Honouring the Spirit of Malaysia Day
As Malaysia commemorates its 61st Malaysia Day, it is important to recognise the commitment to unity and diversity that underpins the federation. Recent observations suggest that Malaya-based entities have made minimal efforts to celebrate Malaysia Day, which may cast doubts on their recognition and appreciation of the day. This lack of acknowledgment could be perceived as a failure to fully appreciate Sabah’s and Sarawak's integral role in Malaysia.
The Willingness of Sabah and Sarawak
Despite historical and political challenges, the willingness of Sabah and Sarawak to remain within the Malaysian Federation is steadfast. Both countries recognise that togetherness and unity are vital strengths for Malaysia. Their commitment to the federation underscores their belief in a shared future and a united nation. It is essential for all parts of Malaysia to recognise that Sabah and Sarawak are not subordinates to be disposed of at will but are integral partners whose strength and autonomy contribute significantly to the nation’s cohesion and prosperity.
Conclusion
The positions of Sabah and Sarawak within Malaysia are far more than being “states” in the federation. Their historical, legal, and autonomous status underscores their role as countries within the federation, standing alongside the Federation of Malaya. As Malaysia celebrates its 61st Malaysia Day, recognising and honouring the equal partnership of Sabah and Sarawak is essential. Upholding the spirit of the Malaysia Agreement 1963 ensures that the bond between Sabah, Sarawak, and the rest of Malaysia remains strong and equitable for generations to come. The unity and commitment of Sabah and Sarawak are vital to the nation's strength, and their role as equal partners should be celebrated and respected.