KUCHING: Kota Sentosa assemblyman Wilfred Yap has called for public discussions on the Malaysia Agreement 1963 (MA63) to be grounded in historical accuracy and constitutional rigour.
Yap welcomed the growing national interest in MA63, federalism and Malaysia’s constitutional development following the recent Keluar Sekejap podcast, saying such discussions were a positive development but carried an equally important responsibility.
He said matters concerning the formation of Malaysia and the constitutional position of Sarawak and Sabah must be discussed accurately, warning that oversimplification or misrepresentation of historical facts could mislead Malaysians and undermine understanding of the nation’s constitutional foundation.
“Differences of opinion are welcome in any healthy democracy, but historical facts and constitutional documents are not matters of opinion. They must be approached objectively and responsibly,” he said in a statement today.
Yap highlighted three constitutional and historical facts which he said deserved emphasis.
Firstly, he said Sarawak and Sabah did not join Malaysia through a referendum, explaining that no referendum had been held in either territory before the formation of Malaysia.
Instead, the Cobbold Commission conducted extensive consultations to ascertain the views of the people, while the United Nations Mission subsequently verified the process before the Federation of Malaysia was established on Sept 16, 1963.
Secondly, Yap said MA63 is a multilateral international agreement entered into by the United Kingdom, the Federation of Malaya, Sarawak, North Borneo (Sabah) and Singapore.
“MA63 established the legal framework for the formation of Malaysia and must not be treated as though it were merely another ordinary federal statute enacted subsequently,” he said.
Thirdly, Yap said Sarawak’s constitutional position must be understood by reading MA63 together with the Federal Constitution and the constitutional instruments that gave effect to the formation of Malaysia.
He added that legal disputes concerning Sarawak’s constitutional rights should be determined through the courts in accordance with the rule of law rather than through political commentary or selective interpretation.
Yap said Sarawak’s rights are constitutional rights, not political privileges, adding that the Sarawak Government under Premier Datuk Patinggi Tan Sri Abang Johari Tun Openg had consistently pursued the restoration and protection of those rights through lawful negotiations, evidence based engagement and, where necessary, judicial determination.
“Healthy debate is always welcome, but it must be grounded in historical evidence, constitutional accuracy and sound legal analysis,” he said.
