This article first appeared in The Edge Financial Daily on April 5, 2019

KUALA LUMPUR: An amendment to the Federal Constitution to restore the status of Sabah and Sarawak as partners in the Federation of Malaysia instead of as states under the Federation was tabled for first reading  in Dewan Rakyat yesterday.

Commenting on the motion afterwards, Prime Minister Tun Dr Mahathir Mohamad said the government’s stance is to support the restoration of the Malaysia Agreement 1963 (MA63), and it is up to Sabah and Sarawak members of parliament (MPs) to decide on whether to support the Bill to amend the Federal Constitution.

“What we have announced is that we will recognise that it is an agreement among three entities — the Federation of Malaya, Sabah and Sarawak — so we revert to that, but because the Constitution did not make it clear, we have to amend the Constitution. To do that, we have to get [a] two-thirds majority.

“Well, if it is rejected by Sabah and Sarawak, as far as this government is concerned, we are for it, but we don’t have [a] two-thirds majority,” he said at the Parliament lobby.

Minister in the Prime Minister’s Department (Law) Datuk Liew Vui Keong said the proposed amendment to Article 1(2) of the Federal Constitution will effectively turn Sabah and Sarawak into territories.

The proposed amendment has taken into account the view of the special committee on the MA63 that is currently at work, Liew said at the Parliament lobby.

“The special committee is chaired by the prime minister with the presence of chief ministers of each state, alongside the respective attorney generals and other high-ranking officers.

“They have been consulted and have deliberated over this issue. In fact, the most important thing is that we have agreed to amend the Constitution,” said Liew. “You can see very well that Sabah and Sarawak will be termed as territories.”

Sabah and Sarawak are seeking more autonomy from the federal government, and are seeking to establish each state as a partner that is equal to West Malaysia as a whole, as stated in MA63.

The Constitution (Amendment) Bill 2019 is to amend Clause 2 of Article 1 in the Federal Constitution, which currently groups all Federation states into one, to put Sabah and Sarawak in another grouping as it was prior to an amendment in 1976 — although still described as “the States of the Federation”.

Liew said the proposed amendment is “a giant step forward for many things to come for us to continue to live and unite under the Malaysian sun”.

On calls by the opposition to establish a separate special select committee on the matter, Liew said that it can be done but since it is a government bill, it will not initiate a proposal to establish one.

“We have tried to engage with them (opposing MPs) but they refuse to hear us.

“[But] we will continue to do so. I personally think that they are not totally against the amendment but they do have some reservations. Hopefully, they will come to their senses and support the bill,” he added.