Tangau Urges Inclusive Amendments to Ninth Schedule, Emphasizes Sabah and Sarawak's Role

17 Mar 2024 • 8:30 PM MYT
[X] Zulaikha Farhana
[X] Zulaikha Farhana

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Tuaran MP Datuk Seri Wilfred Madius Tangau has emphasized the importance of inclusive amendments to the federal constitution's Ninth Schedule, following the Federal Court's decision in the Nik Elin Zurina Nik Abdul Rashid case. Tangau, who is the United Progressive Kinabalu Organisation (Upko) honorary president, stressed that any changes to the constitution must involve all Malaysian states, particularly Sabah and Sarawak.

Tangau made these remarks in response to concerns raised by Malay-Muslims in the peninsula during forums in Kuala Lumpur. He highlighted the significance of the Ninth Schedule, which delineates legislative powers between the federal and state governments, particularly in allowing state authorities to pass their own shariah laws.

He reminded all parties, including the federal government, that the Ninth Schedule is a core part of the federal constitution, which is annexed to the Malaysia Agreement 1963 (MA63), an international treaty. Tangau emphasized that any amendment to the constitution must involve all states, and the deliberation must be inclusive, free from ethno-religious supremacy sentiments, and threats of violence.

Tangau proposed public deliberation on efforts to amend the Ninth Schedule in Sabah and Sarawak, emphasizing the need for their participation. He also called for the establishment of a consultative council to prepare for a future Inter-Governmental Committee 2.0 (IGC 2.0) for the formulation of a new constitution, as promised in the MA63 negotiation but never realized.

He urged Malaysians in Sabah and Sarawak to understand the Federal Court's ruling on the Nik Elin case within the context of MA63, emphasizing that the agreement is an international treaty registered with the United Nations. Tangau concluded by calling on Sabah Chief Minister Datuk Seri Hajiji Noor and Sarawak Premier Tan Sri Abang Johari Openg to ensure that any amendment to the Ninth Schedule is not rushed through in a majoritarian manner, as it could undermine the moral basis and territorial integrity of Malaysia.

In his statement, Tangau reiterated that the Malaysian constitution is the real social contract that binds the country together. It was the basis for negotiation when Sabah and Sarawak merged with the Federation of Malaya in 1963 to form Malaysia. He emphasized the need for Sabah and Sarawak to play a significant role in any constitutional amendments, given their historical context and the importance of MA63.

Tangau's proposal for a consultative council and the revival of IGC 2.0 aims to ensure that any constitutional changes are made through a comprehensive and inclusive process. He cautioned against majoritarianism, stating that it could lead to Sabah and Sarawak being subjugated due to their demographic weight.

He concluded by urging all Malaysians, particularly those in Sabah and Sarawak, to understand the implications of the Federal Court's ruling on the Nik Elin case within the framework of MA63. Disregarding this fact, he emphasized, would be a mistake, as MA63 is an international treaty registered with the United Nations.

Tangau's stance underscores the importance of inclusivity and respect for the historical agreements that formed Malaysia. His call for a balanced approach to constitutional amendments reflects a desire for a fair and equitable process that respects the rights and interests of all states.

Tangau's call for inclusivity and respect for historical agreements reflects a deep concern for the unity and integrity of Malaysia. He is advocating for a democratic and inclusive process that ensures all voices are heard, especially those of Sabah and Sarawak.

By proposing a consultative council and the revival of IGC 2.0, Tangau is seeking to uphold the spirit of MA63 and honor the promises made during the formation of Malaysia. He is highlighting the need for a careful and thoughtful approach to constitutional amendments, one that considers the diverse interests and perspectives of all states.

In conclusion, Tangau's message is clear: any amendments to the federal constitution must be conducted in a transparent, inclusive, and democratic manner, with the participation of all Malaysian states, particularly Sabah and Sarawak. It is a call to uphold the principles of fairness, equality, and respect for the rights of all states, ensuring that Malaysia remains united and strong.


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