Saturday, 21 March 2026

MA63: Negotiations still work in progress

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KUCHING: The Sarawak government is stepping up efforts to negotiate with Putrajaya on matters concerning the Malaysia Agreement 1963 (MA63), reaffirming its unwavering commitment to reclaiming its constitutional rights and autonomy.

According to Deputy Minister in the Premier’s Department (Law, MA63 and State-Federal Relations) Datuk Sharifah Hasidah Sayeed Aman Ghazali the state government has outlined two key demands under MA63 as its top priorities in negotiations with the federal government, namely expediting discussions on the Special Grant formula under Article 112D of the Federal Constitution and increasing the number of parliamentary seats of Sarawak in the House of Representatives.

“Sarawak has already resolved several matters related to the Financial Review under Article 112D of the Federal Constitution.

“As an interim measure, the federal government has agreed to increase Sarawak’s Special Grant from RM300 million to RM600 million over a five-year period.

“However, Sarawak continues to press for immediate negotiations on the formula for the Special Grant, in the spirit of partnership and recognition of Sarawak’s constitutional rights under the Federal Constitution and MA63,” she said during the State Legislative Assembly (DUN) sitting in May this year.

Among the matters agreed in principle, she highlighted, was the delegation of regulatory authority over environmental matters to Sarawak through the Natural Resources and Environment Board (NREB).

The second was an amendment to the Federal Constitution regarding the appointment of Judicial Commissioners in Sarawak.

To that end, she noted that Sarawak has submitted a draft proposal to amend Article 122AB of the Federal Constitution to the Judicial Appointments Commission.

“Nevertheless, there are still matters that require further discussion and negotiation between the Sarawak and federal governments,” she added.

These include proposals to increase the number of Members of Parliament from Sabah and Sarawak in the Dewan Rakyat, and to amend Article 25A (Tourism) from the Federal List (List I) to the Concurrent List (List III) in the Ninth Schedule of the Federal Constitution.

Sharifah Hasidah said that healthcare-related matters still under negotiation include the proposed delegation of authority to the Sarawak Health Director to perform functions under the Private Healthcare Facilities and Services Act 1998 (Act 586), as well as various issues relating to the development, enhancement, and planning of healthcare facilities in the state.

Another area requiring continued negotiation is education, specifically staffing issues, the implementation of STEM (Science, Technology, Engineering, and Mathematics) subjects in English, and the use of English as a medium of instruction for Technical and Vocational Education and Training (TVET).

As of May 2025, she said nine key areas have been successfully resolved under the ongoing negotiation initiative.

These include the transfer of regulatory power over liquefied petroleum gas (LPG) to the Sarawak government via PETROS; the amendment of Article 1(2) of the Federal Constitution to restore Sarawak and Sabah’s status as equal partners in the formation of Malaysia, in line with MA63; and the amendment to the interpretation of “Federation” under Article 160(2) of the Federal Constitution, which now constitutionally includes the Malaysia Agreement 1963 and related instruments such as the Inter-Governmental Committee (IGC) Report as part of the Federal Constitution.

In its quest to achieve education autonomy, various progress and initiatives have taken place. Back in 2024, the Sarawak Education Department was given the authority to approve projects which are directly funded by the Sarawak government.

The move is to shorten the bureaucratic process for the implementation of projects as prior to the agreement, the authority to approve projects, even though funded by the state government, rested with the Ministry of Education (MoE) in Putrajaya.

Second, a Joint Action Committee was also formed, to deliberate matters under MA63, in particular Paragraph 17 of the IGC Report 1962, and other matters and issues on education in the state.

According to Paragraph 17(1) of the IGC Report, the present policy and system of administration of education in Sarawak (including their present Ordinances) should be undisturbed and remain under the control of the Government of the State until that government otherwise agrees.

The state government is also focusing on strengthening STEM education through the development of Science Centres, upgrading educational infrastructure, expanding Technical and Vocational Education and Training (TVET) and addressing disparities between urban and rural education standards.

The Recognition of the Public Works Department and the Drainage and Irrigation Department of Sabah and Sarawak as technical departments under Treasury Instruction 182 (AP182) was also one of demands related to MA63 which were successfully resolved by the Madani government to date.

This recognition allows both departments to have autonomy in the implementation of federal projects.

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