Just amending article to include Sabah, Sarawak not enough, says lawyer
PETALING JAYA: Any amendment to the definition of “federation” in Article 160(2) to include Sabah and Sarawak will be meaningless if amendments to other articles in the constitution are not carried out, a human rights lawyer said.
Simon Siah said such amendments must be holistic and not piecemeal to decentralise the decision-making power from the federal government to the states.
In line with the amendments, there must be an increase in the number of representatives from Sabah and Sarawak in Parliament, he told FMT.
Siah explained that “the federation” defined under Article 160(2) refers to the Federation of Malaya Agreement 1957, which Sabah and Sarawak are not a part of.
“There is an argument from the states that to reflect the correct position of the federation, it is necessary to include the Malaysia Agreement 1963 (MA63) under Article 160(2),” he said.
Under MA63, Sabah and Sarawak are “equal partners” to the Federation of Malaya.
Siah said even if the government was in a hurry to amend the article, it would be a big challenge.
“There needs to be more clarity before the amendment is proposed,” he said.
Recently, Prime Minister Muhyiddin Yassin said the government was committed to restoring the status of Sabah and Sarawak according to MA63, and promised to amend Article 160(2) for the purpose.
However, he said the Perikatan Nasional-led government may not be able to fulfil the demand as it needed a two-thirds majority in the Dewan Rakyat to amend the constitution.
Sarawak chief minister Abang Johari Openg had said the amendment would recognise Sabah and Sarawak as more than just states similar to those which made up Malaya in 1957.
Muhyiddin said he was aware of the request and recognised it as the wish of many Sarawakians.
“This is something that is close to the heart of the people of Sarawak and we are committed to restoring and protecting their rights,” he said during his visit to the state last week.
“I also recognise that Sabah and Sarawak are not just states but a region in Malaysia.” - FMT
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