18-point agreement

The 18-point agreement, or the 18-point memorandum, was a list of 18 points drawn up by Sarawak, proposing terms to form Malaysia, during negotiations prior to the creation of the new federation in 1963.

A Commission of Enquiry, headed by Lord Cameron Cobbold, and The Lansdowne Committee, an inter-governmental committee, were appointed to aid in the drafting of the Malaysia Agreement. Lord Lansdowne served for Britain and Tun Abdul Razak, Deputy Prime Minister of the Federation of Malaya, served for Malaya.[1] A similar memorandum, known as the 20-point agreement, was prepared and submitted by North Borneo.

The 18-point agreement, Malaysia Agreement (MA63), and Inter-government committee (IGC) report often serves as a focal point amongst those who argue that Sarawak's rights within the federation have been eroded over time.[2] Questions remain whether these pre-constitutional or foundational documents can be defined as "law" and legally enforceable under Article 160 of the Constitution of Malaysia. Shad Saleem Faruqi, professor of law at the University of Malaya, however, stated that such pre-constitutional documents had been used in other parts of the world to interpret the constitution and domestic laws.[3] In 2021 amendment to the Constitution of Malaysia, Article 160 (2) of the federal constitution was amended with the new definition of the term "federation" where the Malaysian federation is formed in accordance to the 1963 Malaysian agreement in addition to 1957 Malaya agreement.[4] Maximus Ongkili, minister in Prime Minister's department argued that such amendment gives legal basis to other pre-constitutional documents such as 18-point agreement, 20-point agreement and IGC report because these documents are found as appendices under MA63 and Malaysia Act 1963.[5]

Background

On 31 July 1962, an agreement was signed between British prime minister Harold Macmillan and the prime minister of Malaya Tunku Abdul Rahman that anticipated the formation of Malaysia by 31 August 1963 with a proposed framework of initial state constitutions of North Borneo and Sarawak as shown in annex and appendices. Lord Lansdowne later reported that North Borneo leaders expressed "great shock" at the announcement of this agreement. On 13 to 14 August 1962, Fuad Stephens and his political leaders from North Borneo drew up a 14 points memorandum in a meeting. These were later expanded into 20 points of minimum demands. Sarawak political leaders later supported the demands by Fuad Stephens and drew up a similar 18-point memorandum.[6] The 18 points were based on the Nine Cardinal Principles of the rule of the English Rajah in 1941 constitution of Sarawak.[7][8] Both North Borneo and Sarawak leaders pushed their demands through the Malaysian Solidarity Consolidation Committee (MSCC).[9] The legislative council of North Borneo and Council Negri of Sarawak in principle agreed to the formation of Malaysia on 12 and 26 September 1962 respectively as long as their special interests were safeguarded.[6]

The 18 points

Point 1:Religion

While there was no objection to Islam being the national religion of Malaysia, there should be no official religion in Sarawak, and the provisions relating to Islam in the present Constitution of the Federation Of Malaya should not apply to Sarawak

Point 2: Language

a. Malay should be the national language of Malaysia b. English should be the official language of Sarawak

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 Sarawak was of course essential.

Point 4: Head of Nation

The Governor of Sarawak should not be eligible for election as Head of Nation of Malaysia

Point 5: Name of Federation

"Sarawak, Federation Of Malaysia"

Point 6: Immigration Power

Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry into Sarawak should also require the approval of the Sarawak Government. The Central Government should not be able to veto the entry of persons into Sarawak for Government purposes except on strictly security grounds. Sarawak should have unfettered control over the movements of persons other than those in Central Government employ from other parts of Malaysia into Sarawak.

Point 7: Right of Secession

There should be right to secede from Malaysia

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 Sarawak.

Point 10: Citizenship

The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in Sarawak 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 Sarawak after Malaysia must be federal citizen.

Point 11: Tariffs and Finance

Sarawak 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: Head of Government

a) The Premier should be elected by official members of Council Negri b) There should be a proper Ministerial system in Sarawak.

Point 13: Transitional Period

This should be ten years and during such period legislative power must be left with the Sarawak by the Constitution and not be merely delegated to the Sarawak Government by the Central Government.

Point 14: Education and Health

The existing healthcare and educational system of Sarawak should be maintained and for this reason it should be under Sarawak control.

Point 15: Constitutional safeguards

No amendment modification or withdrawal of any special safeguard granted to Sarawak should be made by the Central Government without the positive concurrence of the Government of Sarawak. The power of amending the Constitution of the Sarawak should belong exclusively to the people in the Sarawak.

Point 16: Representation in Parliament

This should take account not only of the population of Sarawak but also of its size and potentialities and in any case should not be less than that of North Borneo and Singapore.

Point 17: Name of Head of Sarawak

The Governor of Sarawak

Point 18: Land, Forests, Local Government, etc.

The provisions in the Constitution of the Malaysia in respect of the powers of the National Land Council should not apply in Sarawak. Likewise, the National Council for Local Government should not apply in Sarawak

Inclusion into the 1963 Malaysian constitution

The inter-governmental committee (IGC) was set up to work out the ways to insert the details into the Malaysian constitution. The final IGC report was published in February 1963.[2] The IGC report contained the demands by North Borneo and Sarawak as stipulated in 20-point and 18-point agreements respectively.[9] The Council Negri of Sarawak endorsed the IGC report on 8 March 1963. Meanwhile, the legislative council of North Borneo endorsed the report on 13 March.[2] On 9 July 1963, the Malaysia Agreement was signed in London. On 22 July 1963, Malaysia Act 1963 was passed in the British House of Commons.[2]

Malaysia was formed on 16 September 1963. Malayan constitution was amended and later become the Constitution of Malaysia. It incorporates some recommendations by the Inter-governmental Committee (IGC) report, excluding the clause on rights of cession and the nine cardinal principles of good governance by the Brooke government in 1941 constitution of Sarawak.[10]

Citizenship

Malaysian citizenship will be automatically given to those who are born and normally reside in Sarawak. Those who do not born in Sarawak or any other parts of Malaysia, but had resided for the past seven out of ten years in Sarawak or in other parts of Malaysia, combined with good manners, shall also be granted citizenship of Malaysia.[10]

Education

Although education is put on the federal list, Sarawak still retains control on this matter. Mastery of the Malay language is not a requirement for applications for opportunities in religious or other types of education. Usage of the English language in education shall continue for a maximum duration of 10 years.[10]

Emergency powers

The Malaysian federal parliament has unlimited powers when state of emergency is proclaimed.[10]

Immigration

Although immigration is put under the federal list, the federal government should not allow a person into Sarawak without the approval of government of Sarawak.[10]

Federal constitution

Two-thirds majority in the House of Representatives is required to amend the federal constitution.[10]

House of Representatives

Sarawak was allocated 24 out of 159 members of parliament into the House of Representatives.[10]

Federal Senate

Sarawak is represented by two members in the Federal Senate.[10]

Legal Department

Sarawak will have a legal department with a state attorney-general and a State Officer appointed after the consultation with the federal government.[10]

Religion

The Malaysian federal constitution guarantees religious freedom. A two-thirds majority is required in the Council Negri to pass any law that restricts or controls the propagation of other religions among Muslims. Federal law should not provide any financial assistance for establishing Muslim institutions or religious education in the state without approval from the government of Sarawak.[10]

Sarawak Constitution

Sarawak continues to call its Executive Council the Supreme Council and its Legislative Assembly the Council Negri. The Yang di-Pertuan Agong (King) appoints Sarawak's head of State after consulting with the Chief Minister of Sarawak.[10]

State list

Sarawak has the sole power to pass laws regarding Muslim Law, Native Law and Customs, land, agriculture and forestry, local government and services, electricity, state works and water, state machinery, state holidays, turtles, and riverine fishing.[10]

Concurrent list

The federal government and government of Sarawak jointly manage social welfare, scholarships, national parks, animal husbandry, town and country planning, public health and sanitation, and drainage and irrigation.[10]

References

Bastin, John Sturgus (1979). Malaysia; Selected Historical Readings. Ann Arbor: University of Michigan Press. ISBN 9783262012165.
Chin, James (2019). Minorities Matter: Malaysian Politics and People Volume III - The 1963 Malaysia Agreement (MA63): Sabah and Sarawak and the Politics of Historical Grievances. ISEAS–Yusof Ishak Institute. pp. 74–90. Retrieved 3 May 2023.
Faruqi, Shad Saleem (16 September 2021). "CONSTITUTIONAL SAFEGUARDS FOR SABAH & SARAWAK'S AUTONOMY" (PDF). Univerisity of Malaya. Archived from the original (PDF) on 3 May 2023. Retrieved 3 May 2023.
Zahid, Syed Jamal (14 December 2021). "Dewan Rakyat finally passes key constitutional amendments to recognise MA63". The Malay Mail. Archived from the original on 9 August 2022. Retrieved 3 May 2023.
Mu, Paul (15 December 2021). "MA63 now has legal basis after amendment to Federal Constitution". New Straits Times. Archived from the original on 2 December 2022. Retrieved 3 May 2023.
Stockwell, AJ (2004). British documents on the end of empire - Series B Volume 8. London: The Stationery Office (TSO) for Institute of the Commonwealth Studies - University of London. pp. 377–386. ISBN 0112905811. Retrieved 7 May 2023.
How Pim, Lim (25 October 2015). "Revisit 18-Point Agreement". The Borneo Post. Archived from the original on 9 December 2021. Retrieved 7 May 2023.
Rawlins, Joan (1965). Sarawak - 1839 to 1963. Macmillan & Company, (Original from the University of Michigan Press. p. 240.
Mathews, Philip (2014). Chronicle of Malaysia 1963-2013: Fifty Years of Headline News. Singapore: Editions Didier Millet. p. 26. ISBN 9789671061749. Retrieved 7 May 2023.
Porritt, Vernon L (2007). "Constitutional change in Sarawak 1963-1988: 25 years as a state within the federation of Malaysia". Borneo Research Bulletin. 38: 159–171. Retrieved 19 April 2023.

History of East Malaysia
Common history¹	Bruneian Sultanate (1368–1888) Japanese occupation Battle of Borneo (1941–1942) Borneo campaign British Military Administration Indonesia–Malaysia confrontation Malaysia Agreement Proclamation of Malaysia 2019 federal constitution amendment (on hold) ★ first tabling 2020 Malaysia coronavirus pandemic 2021 federal constitution amendment (passed) ★ second tabling
History of Sabah	Brunei Civil War Sultanate of Sulu Austrian colony North Borneo Chartered Company North Borneo Antanum Mat Salleh Madrid Protocol Jesselton revolt Sandakan camp Sandakan Death Marches Battle of North Borneo Crown Colony of North Borneo Self-government of North Borneo Cobbold Commission 20-point agreement Keningau Oath Stone Double Six Crash Cross border attacks from the Philippines 1985 Lahad Datu ambush 2000 Sipadan kidnappings 2013 Lahad Datu standoff 1986 Sabah riots 1991 Sabah political arrests Project IC Sabah State Water Department corruption probe 2020 Sabah coronavirus pandemic
History of Sarawak	Sultanate of Sarawak Raj of Sarawak Rentap Liu Shan Bang Syarif Masahor Crown Colony of Sarawak Anti-cession movement of Sarawak Communist insurgency in Sarawak Self-government of Sarawak Cobbold Commission 18-point agreement 1966 Sarawak constitutional crisis 1987 Ming Court Affair 1997 Sarawak HFMD outbreak Sarawak rabies outbreak (2017–present) 2020 Sarawak coronavirus pandemic
History of Labuan	Crown Colony of Labuan North Borneo Chartered Company North Borneo (1890–1904) Straits Settlements (1907–46) Battle of North Borneo Battle of Labuan Colony of Singapore (1946) Crown Colony of North Borneo (1946–63) Cobbold Commission 20-point agreement Sabah (1963–84) Federal territory (1984–)
¹ Covers the three territories