KUCHING, Sept 16 — Sarawak Chief Minister Datuk Patinggi Abang Johari Openg said tonight said he is confident and looking forward to concluding the negotiation between Sarawak and Sabah with Putrajaya to return the rights of the two East Malaysian states.
He said there will be no losers, and more importantly, no derogation of constitutional rights, special safeguards and status accorded to the tates of Sabah and Sarawak as agreed by the nation’s founding fathers and embedded 56 years ago in the Federal Constitution.
“I and members of the Sarawak government administration have full confidence that whatever matters are discussed will find solutions at the Special Cabinet Committee on the review of Malaysia Agreement 1963 (MA63),” he said in his speech at the Malaysia Day celebration here.
He said he believes that the solutions would lead to the strengthening of understanding among the people of Malaya, Sabah and Sarawak.
The chief minister said that the Federation of Malaysia was born pursuant to an Agreement signed on July 9, 1963 or the “Malaysia Agreement” or MA63, entered into between the governments of the United Kingdom and the Federation of Malaya and the representatives of the governments and peoples of Singapore, North Borneo (now Sabah) and Sarawak, which at the time were still not independent States but colonies of Britain.
He said MA63 which calls for amendments to the Malayan Constitution before its adoption as the Constitution of Malaysia, provides for a unique federal system of government whereby additional legislative, executive powers and more sources of revenues were assigned to the States of Sabah and Sarawak to safeguard their special interests in the Federation of which they were partners in the formation.
He added the federalism which the Constitution embraces is therefore unique and tailored made to ensure the continued unity and harmony of the Federation and her future progress and development.
“The concept and practice of federalism differs from nation to nation. However, it is said that some common elements do exist in all federal systems,” he said.
He said in his view, the most important of these common elements a written Constitution, which outlines power sharing terms among the Federal and State Governments, and non-centralisation, which provides a system for enforcement of constitutional terms through diffusion of power.
“Even though the boundary is clear, disagreements do happen from time to time when powers are influenced by current needs, aspirations and government development agenda of the federal and the respective state governments,” he said.
He said for example, the Constitution of Malaysia provides for this delineation of powers by instituting the federal, state and concurrent lists.
“Despite these, disagreements between the various governments do arise from time to time on the extent, scope and interpretation of the legislative and executive authorities provided in the Constitution and whether any law passed had exceeded the constitutional powers provided either to Parliament or the State Assembly.
“In this regard, I would like to extend our gratitude to Prime Minister Tun Dr Mahathir Mohamad for establishing a steering committee to deal with this issue.
“The current negotiation in relation to implementation of the Malaysia Agreement, chaired by the prime minister, amplifies this,” he said.
The chief minister said in behalf of the people of Sarawak, he wishes to see whatever differences there are with the federal government, can be solved within the family spirit.
