Wednesday, December 9, 2015

Motion on Borneonisation submitted by Baru Bian in Dec 2015 DUN sitting


Standing Order 23: Notice of proposal to move a Motion that the State Government implements appropriate policies to achieve Borneonisation and equal ethnic parity share of the civil service, in particular 90% Borneonisation of the Education sector and heads of Federal government departments by 2018.

WHEREAS:

1. Borneonisation of the Sarawak public services was an objective of the Federation of Malaysia as stated in the Inter-Governmental Committee Report 1962 and recognised in the Malaysia Agreement 1963.

2. Article 153 of the Federal Constitution requires that the Natives of Sabah and Sarawak be treated in the same way as Malays in respect of reservation of quotas in the public service.

3. Article 39 of the Sarawak Constitution requires the Yang di-Pertua Negeri to ensure the reservation of offices in the public service to Natives of such proportion as he deems reasonable.

4. There is an underrepresentation of Sarawakians in the Federal public services in Sarawak.

5. There is racial and ethnic imbalance in civil service employment.

6. The Chief Minister declared an intention to reclaim Sarawak’s autonomy and the Prime Minister agreed to the devolution of power to Sarawak.
           

THIS DEWAN HEREBY RESOLVES THAT THE STATE GOVERNMENT TAKES STEPS TO ACHIEVE BORNEONISATION AND EQUAL ETHNIC PARITY SHARE IN THE CIVIL SERVICE IN PARTICULAR 90% BORNEONISATION OF THE EDUCATION SECTOR AND HEADS OF FEDERAL GOVERNMENT DEPARTMENTS BY 2018, INCLUDING BUT NOT LIMITED TO:

1. Declaring as a policy of every Government ministry and agency including the Public Services Commission and Public Services Department the achievement of Borneonisation and equal ethnic parity share.

2. Highlighting this declaration in all policy documents, service manuals and directives.

3. Ensuring representation by Sarawakians in Federal government recruitment and promotion committees for postings in Sarawak.

4. Ensuring full multi-racial representation in Sarawak government recruitment and promotion committees.

Ruling


Tuan Speaker: Ahli-Ahli Yang Berhormat, this motion trangresses Standing Order 23(6) because Educations and Heads of Federal Government Departments are under the Federal List. This motion is misconceived because it uses words and phrases and paraphrases the Federal and State Constitutions, whereby, when you paraphrase meanings begin to shift.

YAB Chief Minister never used the word “Borneonisation” which is an archaic word
used in the early years of Malaysia. The Chief Minister did not mean his words and
categorically stated that 90% of Teachers teaching in Sarawak must be Sarawakians. The Heads of Departments in Federal Departments and Agencies must be from Sarawak. To use the word “Borneonisation” may open a pandora’s box leading to different
interpretations. The 2nd paragraph of the preamble states “Article 153 of the Federal Constitution requires that the natives of Sabah and Sarawak be treated in the same way as Malays in respect of reservation of quotas in the public service.”

Article 153 (1) states: “It shall be the responsibility of the Yang di-Pertuan Agong to
safeguard the special position of the Malays and natives of any of the States of Sabah and
Sarawak and the legitimate interests of other communities in accordance with the
provisions of this Article.”

Article 153 (2) states:- “Notwithstanding anything in this Constitution, but subject to
the provisions of Article 40 and of this Article, the Yang di-Pertuan Agong shall exercise
his functions under this Constitution and federal law in such manner as may be necessary to safeguard the special position of the Malays and natives of any of the States of Sarawak and Sabah and to ensure the reservation for Malays and natives of any of the
States of Sabah and Sarawak of such proportion as he may deem reasonable of positions
in the public service …..”

The Article at no point mentions that the Malays are more equal and the Natives less
equal. It mentions of “such proposition as he may deem reasonable”.

This is repeated under Article 39(1) of the State Constitution which states: “It shall
be the responsibility of the Yang di-Pertua Negeri to safeguard the special position of the
Natives and the legitimate interests of other communities in accordance with the
provisions of this Article.”

Neither Article 153 of the Federal Constitution nor Article 39 of the State Constitution
sound as racialistic as it is made out to be. Article 39(5) of the State Constitution states: “This Article does not derogate from the provisions of Article 38.” The Oxford Dictionary defines “derogate” as “Detract from”.

Article 38 of the State Constitution states: “All persons of whatever race in the same
grade of the service of the State shall, subject to the terms and conditions of their
employment, be treated impartially.”

Article 38(A) of the State Constitution states: “Subject to the safeguards for the
special position of Natives provided under Article 39, the public service must be
competent, efficient and responsive to the aspirations of the people taking into account the overall education attainment of the various communities in Sarawak and the human
resource requirements of the State.”

Sarawak has 27 ethnic group and subgroups. They are Bukitans, Bisayahs,
Dusuns, Dayaks (Sea), Dayaks (Land), Kadayans, Kalabits, Kayans, Kenyahs (Including
Sabups and Sipengs), Kajangs including Sekapans and others. The competency, efficiency of the civil service and aspiration of the people will be adversely impeded if the civil service’s to be run or a principle of equal ethnic parity. This motion emphasized repeatedly on “equal ethnic parity.”

Now that English is elevated in Sarawak to be an official language and you want teachers who are conversant in Bahasa Malaysia and English, surely for the sake of the present generation of students you want teachers who are competent in both languages as opposed to the recruitment of teachers on strictly “equal ethnic parity” in total disregard
of their efficiency and competency. This motion cannot proceed because of its racial
overtone.

Standing Order 32(10) states:
“It shall be out of order to use:-
(a) treasonable words;
(b) seditious words;
(c) words which are likely to promote feelings of ill-will or hostility between different
communities in the State, or infringe the Constitution of the State of Sarawak, or
the Federal Constitution or the Sedition Act, 1948.”

Standing Order 32(11) states: “Is the Speaker is of opinion that any motion or amendment or the continuance of the debate thereon is calculated to give rise to breaches of this Standing Order, he may disallow the motion or amendment or, as the case may be, may terminate the debate and direct that no further proceedings be taken on the motion or amendment.” This motion is dismissed.

No comments: