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KUALA LUMPUR: The reinstatement of Sabah and Sarawak’s rights according to the Malaysia Agreement 1963 (MA63) will effectively allow the two states to enjoy greater autonomous powers.

International Islamic University Malaysia’s legal expert Assoc Prof Dr Shamrahayu Abdul Aziz said as with reelevating the states’ status as a region comparable to Peninsular Malaysia, Sabah and Sarawak would have larger jurisdiction in several areas such as under the Immigration Act.

Shamrahayu said there should be no conflict if the federal government wishes to reinstate the rights, although it would lead to a significant impact following an expected amendment to Article 1 of the Federal Constitution which defines the states, religion and law of the federation.

When contacted today, Shamrahayu said this was because, under the constitution, Malaysia is defined as a federation of all states including Sabah and Sarawak.

“All of the MA63 contents have been included under the federal constitution and implemented as laws nationwide, such as the Immigration Act.

“If there is an amendment to be made, it would lead to changes in Article 1of Federal Constitution because Sabah and Sarawak are also part of the federated states as outlined under the definition of the Federation of Malaysia.

“Whatever it is, the reinstatement of Sabah and Sarawak’s status as a federation partner must be done meticulously according to the law and terms of the agreement.”

She was commenting on Prime Minister Tun Dr Mahathir Mohamad’s announcement in Kota Kinabalu yesterday that the federal government would honour MA63, which would be re-implemented after a study.

Shamrahayu said such a full commitment must be put in place to galvanise the efforts and the announcement should not be made in order to gain political mileage.

She said it was possible that some of the MA63 points that were included in the federal constitution were not implemented.

“The government was right in its move to honour the agreement. But there a few matters that need to be looked into in view of sensitivities of others.”

Another legal expert Prof Dr Abdul Aziz Bari reminded the government that the announcement should not be relegated into another rhetoric or political promise.

He agreed with Shamrahayu that MA63 had been included in the federal constitution.

“The rights are already there. The question is, whether (all of) they will be implemented. But Dr Mahathir seems to be more committed to resolving the issue, compared to his previous administration.

Political analyst Prof Dr Nik Ahmad Kamal Nik Mahmod the reinstatement of MA63 would see its full implementation.

“Based on the federal constitution, Sabah and Sarawak have the right to have the promises made to them fulfilled.

“Dr Mahathir’s efforts reflect the federal government’s commitment to helping develop the two states.”

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