Kota Kinabalu: Deputy Chief Minister Datuk Seri Dr Jeffrey G Kitingan said Malaysia’s constitutional framework needs to be refined to properly recognise Sabah’s pre-federation sovereignty.
“Sabah must have the power of independence, autonomy and progress. This is not about secession but about achieving genuine self-governance within Malaysia,” he told a forum held in conjunction with the Sabah Day celebration.
He said Article 1 (2) of the Constitution defines what Malaysia is, however, the definition is incomplete.
“The current definition depends on the Malaysia Agreement 1963 (MA63) but fails to properly acknowledge Sabah’s pre-existing sovereign status.
“The Constitution does not recognise that Sabah achieved independence on Aug 31, 1963 before joining Malaysia,” he said.
Noting the complex legal timeline, he said, “On July 9, 1963 when the MA63 was signed, the Federation of Malaya had already changed its name to Federation of Malaysia.
“On Sept 16, 1963, when Malaysia was proclaimed, Sabah and Sarawak were federated with what was already called “Federation of Malaysia” (not the original Federation of Malaya).
“This creates a constitutional puzzle. If Malaya became “Malaysia” on July 9, then on Sept 16, Sabah and Sarawak were joining an entity already called “Malaysia”.
“But the Malaysia Proclamation suggests Sabah and Sarawak were joining the “Federation of Malaya”,” he said, adding that this legal inconsistency affects how Sabah’s status and rights are understood.
Pointing out evidence of the confusion, Jeffrey cited a circular issued by then Chief Secretary to all Residents and Department Heads instructing them not to use the term “Federation of Malaysia” but rather to only use “Malaysia”.
He said this confusion creates concern, namely, it affects how people understand Sabah’s rights in Malaysia and it also makes it harder for Sabah to demand more control over its own affairs.
“To the lawyers in this forum, perhaps you can try to think about how we can straighten out what is crooked so that it becomes clearer. “We have only one vision, we want Sabah to truly have the power of independence, autonomy and progress. That is all,” Jeffrey said.
He also spoke about Sabah Day being the birthday of Sabah as a sovereign entity that should be remembered and honoured.
“Sabah Day reminds people that independence means more than just political freedom, it includes independence from poverty, bad habits, bullying and achieving economic and intellectual freedom.
“Sabahans must remember their identity as children of Sabah and work to make our State prosperous and free from colonisation,” he said.
He also noted that the current Sabah Day celebrations are too ceremonial where people attend parades then go home without gaining much about what the Sabah Day is about.
“Sabah Day should include educational forums, history books, competitions and cultural performances to teach people about Sabah’s struggle for independence.
“Perhaps we can use modern technology and media to spread awareness about Sabah Day’s significance,” he said.
He said the celebration should help people understand whether Sabah truly has independence in security, development and finances.
“We push for 40 per cent revenue rights as stipulated in the Malaysia Agreement and Constitution and we want the Sabah Day history to be included in school curriculums so all generations understand its importance.
“We want the Sabah Day to be celebrated throughout Sabah, not just in Kota Kinabalu, with sports, exhibitions and competitions,” he said.
He said to ensure an inclusive Sabah Day celebration, there must be a comprehensive concept and identity for Sabah Day that all communities can accept.
“I agree with Universiti Malaya’s Arts and Social Sciences Faculty Dean Professor Datuk Dr Danny Wong’s idea of setting up a secretariat to coordinate efforts and follow-through on discussions and proposals,” he said.
“We can also organise competitions to gather ideas and create a Sabah Day song and ensure celebrations include parades of all communities in their traditional costumes,” he said, adding that this will foster a sense of belonging.
He also hopes the Sabah Day will be celebrated with a clearer, more accepted concept.
“I hope the Sabah Day history will be included in schools and celebrated in Peninsular Malaysia where hundreds of thousands of Sabahans live.
“The government should also consider giving more allocations to the Sabah Day celebrations.
“Perhaps we can also consider changing the Sabah Day celebration date from Aug 31 to Aug 8 (when our founding fathers made their decision) to avoid confusion with Malaya’s Independence Day which falls on Aug 31,” he said.
For the record, on Aug 8, 1963, Sabah’s leaders agreed to join Malaysia and announced their independence on Aug 31, 1963. The Malaysia Agreement was signed on July 9, 1963, setting out the rules for Sabah, Sarawak, Malaya and Singapore to come together as Malaysia.
This process was finally completed on Sept 16, 1963, when Malaysia was officially formed.