KUCHING: Sarawak’s rightful constitutional position as a founding partner of Malaysia must not be misrepresented or undermined by politicians from Malaya-based political parties.
Expressing concern over ongoing mischaracterisations, Kota Sentosa Assemblyman, Wilfred Yap Sau Sin, stressed such actions ignore the historical context, legal safeguards, and unique constitutional status accorded to Sarawak upon the formation of Malaysia.
“Politicians – particularly those serving in the federal government – must uphold the Third and Fourth Principles of the Rukun Negara: Keluhuran Perlembagaan (Supremacy of the Constitution) and Kedaulatan Undang-undang (Rule of Law).
“These principles require all Malaysians, especially leaders, to respect the constitutional framework that guarantees Sarawak’s special status and legislative autonomy,” he said in his statement today.
He urged those unfamiliar with Sarawak’s rights to study the Borneo States (Legislative Powers) Order 1963, the Malaysia Agreement 1963 (MA63), and the Federal Constitution.
“Sarawak is not merely one of the states in Malaysia, but an equal founding partner with its own distinct constitutional arrangements.
“Our State Legislative Assembly (Dewan Undangan Negeri Sarawak) retains wider powers under the State List, including in matters of natural resources, land, licensing, and oil and gas – areas which are not under the control of the federal legislature,” he said.
The Borneo States (Legislative Powers) Order 1963, enacted under the Malaysia Act 1963 by the British Government with the consent of Sarawak and Sabah, amended the Federal Constitution to expand the legislative competence of the Borneo States.
This Order remains a crucial constitutional safeguard, granting Sarawak autonomy to make laws, particularly relating to land, forests, mining, oil and gas, and the issuance of relevant licences – including for petroleum operations.
Additionally, Yap highlighted Article 161 of the Federal Constitution, which preserves pre-Malaysia Day laws on land, resources, native customs, and religion.
These laws remain in force unless repealed by Sarawak’s own legislature – not by the federal Parliament.
“This ensures that Sarawak’s legal traditions and safeguards, including those affecting oil and gas, continue to have constitutional force.
“The ongoing relevance of both the Borneo States Order and Article 161 cannot be overstated.
“Any attempt to override Sarawak’s licensing authority or regulatory powers in these areas runs contrary to the Constitution and the spirit of MA63,” he said.
Yap called on all Sarawakians to stay united and vigilant in defending their constitutional rights and reject any narrative or policy that seeks to reduce Sarawak’s status or centralise control of its resources.
