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Saturday, 26 November 2011

Perjanjian 20 Perkara antara Malaya, Sabah dan Sarawak

The 20-point agreement, or the 20-point memorandum, is an agreement made between the state of Sabah (then North Borneo) with what would be the federal government of Malaysia prior to the formation of Malaysia in September 16, 1963. A similar agreement was made between the state of Sarawak and the federal government but with certain differences in their 18-point agreement

The agreement

Point 1: Religion
While there was no objection to Islam being the national religion of Malaysia there should be no State religion in Borneo (Sarawak & Sabah), and the provisions relating to Islam in the present Constitution of Malaya should not apply to Borneo

Point 2: Language
* a. Malay should be the national language of the Federation
* b. English should continue to be used for a period of 10 years after Malaysia Day
* c. English should be an official language of Borneo (Sarawak & Sabah) for all purposes, State or Federal, without limitation of time.

Point 3: Constitution
Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of states and should not be a series of amendments to a Constitution drafted and agreed by different states in totally different circumstances. A new Constitution for Borneo (Sarawak & Sabah) was of course essential.

Point 4: Head of Federation
The Head of State in Borneo (Sarawak & Sabah) should not be eligible for election as Head of the Federation

Point 5: Name of Federation
“Malaysia” but not “Melayu Raya”

Point 6: Immigration
Control over immigration into any part of Malaysia from outside should rest with the Central Government butentry into Borneo (Sarawak & Sabah) should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into Borneo (Sarawak & Sabah) for State Government purposes except on strictly security grounds. Borneo (Sarawak & Sabah) should have unfettered control over the movements of persons other than those in Federal Government employ from other parts of Malaysia Borneo (Sarawak & Sabah).

Point 7: Right of Secession
There should be no right to secede from the Federation

Point 8: Borneanisation
Borneanisation of the public service should proceed as quickly as possible.

Point 9: British Officers
Every effort should be made to encourage British Officers to remain in the public service until their places can be taken by suitably qualified people from Borneo (Sarawak & Sabah)

Point 10: Citizenship
The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of Borneo (Sarawak & Sabah) subject to the following amendments:
* a) sub-paragraph (i) should not contain the proviso as to five years residence
* b) in order to tie up with our law, sub-paragraph (ii)(a) should read “7 out of 10 years” instead of “8 out of 10 years”
* c) sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in Borneo (Sarawak & Sabah) after Malaysia must be federal citizen.

Point 11: Tariffs and Finance
Borneo (Sarawak & Sabah) should retain control of its own finance, development and tariff, and should have the right to work up its own taxation and to raise loans on its own credit.

Point 12: Special position of indigenous races
In principle, the indigenous races of Borneo (Sarawak & Sabah) should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malays’ formula in this regard is not necessarily applicable in Borneo(Sarawak & Sabah)

Point 13: State Government
* a) the Prime Minister should be elected by unofficial members of Legislative Council
* b) There should be a proper Ministerial system in Borneo (Sarawak & Sabah)

Point 14: Transitional period
This should be seven years and during such period legislative power must be left with the State of Borneo (Sarawak & Sabah) by the Constitution and not be merely delegated to the State Government by the Federal Government

Point 15: Education
The existing educational system of Borneo (Sarawak & Sabah) should be maintained and for this reason it should be under state control

Point 16: Constitutional safeguards
No amendment modification or withdrawal of any special safeguard granted to Borneo (Sarawak & Sabah) should be made by the Central Government without the positive concurrence of the Government of the State of North Borneo.

The power of amending the Constitution of the State of Borneo (Sarawak & Sabah) should belong exclusively to the people in the state. (Note: The United Party, The Democratic Party and the Pasok Momogun Party considered that a three-fourth majority would be required in order to effect any amendment to the Federal and State Constitutions whereas the UNKO and USNO considered a two-thirds majority would be sufficient)

Point 17: Representation in Federal Parliament
This should take account not only of the population of Borneo (Sarawak & Sabah) but also of its seize and potentialities and in any case should not be less than that of Singapore

Point 18: Name of Head of State
Yang di-Pertua Negara

Point 19: Name of State
Sarawak or Sabah

Point 20: Land, Forests, Local Government, etc.
The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in Borneo (Sarawak & Sabah). Likewise, the National Council for Local Government should not apply in Borneo (Sarawak & Sabah).




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