Friday, November 18, 2016

Motion submitted by Baru Bian on the restoration of Art 1(2) of the Federal Constitution


Standing Order 23: Notice of proposal to move a Motion that the State Government takes the necessary measures to restore Article 1(2) of the Federal Constitution to its original form in order to assert the rightful status of Sarawak as an equal partner within the Federation of Malaysia.

WHEREAS:

1.     The Federation of Malaysia was created by virtue of the Malaysia Agreement 1963 signed by representatives from the United Kingdom, the Federation of Malaya, North Borneo, Sarawak and Singapore.

2.     The Malaysia Agreement, an international treaty deposited with the United Nations, in Annex A set out Article 1(2) of the Federal Constitution as:

‘The States of the Federation shall be—
(a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Terengganu;
(b) the Borneo States, namely, Sabah and Sarawak; and
(c) the State of Singapore.’

3.     In 1976, several Articles of the Federal Constitution were amended in Parliament, including Article 1(2) to its current form, without prior consultation with, nor consent of, the signatories to the Malaysia Agreement:

‘The States of the Federation shall be Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Penang, Perak, Perlis, Sabah, Sarawak, Selangor and Terengganu.’

4.     This amendment was a violation of the Malaysia Agreement.

5.     The amendment of Article 1(2) has derogated the status of Sarawak in the Federation.


THIS DEWAN HEREBY MOVES AND RESOLVES THAT THE STATE GOVERNMENT SHALL:

1.    Declare that the 1976 amendment to Article 1(2) of the Federal Constitutional is null and void.

2.    Make strong representation that Parliament takes steps to restore Article 1(2) to its original form as set down in the Malaysia Agreement.

3.    Failing appropriate Parliamentary response, seek redress in a court of law.


Thank you.


Baru Bian
N81 Ba' Kelalan

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