Federal constitution: Special protection for Sabah and Sarawak

• Main Authors: Misban, Misrinah, Mukhtaruddin, Mas Juliana
• Format: Conference or Workshop Item
• Language: English
• Published: 2020
• Subjects: JQ Political institutions Asia
• Online Access: http://repo.uum.edu.my/28023/1/INSORPAD%202020%20257%20263.pdf; http://repo.uum.edu.my/28023/
• Institution: Universiti Utara Malaysia

The establishment of Malaysia in 16 September 1963 were replaced the Federation of Malaya (1948 - 1963). Therefore, two states in Borneo Island i.e: Sabah and Sarawak willingly joined Malaysia. There was strong reason why North Borneo and Sarawak involved in the formation of Malaysia. Security, communist threats, decolonization and United Nations Resolution 1514 (1960) are the main reason of it. In 1962, North Borneo and Sarawak legislative council agreed to the formation of Malaysia on condition that state rights were safeguarded. Special protections for the new state and its people were an important agenda promised during the formation of Malaysia. As a result, Constitution of Malaysia includes special safeguards to protect Sabahan and Sarawakian interests. In general, it is known as 20-Points Agreements. In fact, it is 20-Points Agreements for Sabah and 18-Points Memorandum for Sarawak. The 20-Points Agreements are about special rights of Sabah and Sarawak that should be respected by all Malaysian citizens. The agreement is a list of 18 and 20 points drawn up by North Borneo and Sarawak proposing terms for its incorporation into the new federation during negotiations prior to the formation of Malaysia. Here, listed the 20-Points Agreement; i.e: Point 1: Religion, Point 2: Language, Point 3: Constitution, Point 4: Head of Federation, Point 5: Name of Federation, Point 6: Immigration, Point 7: Right of Secession, Point 8: Borneanisation, Point 9: British Officers, Point 10: Citizenship, Point 11: Tariffs and Finance, Point 12: Special Position of Indigenous Races, Point 13: State Government, Point 14: Transitional Period, Point 15: Education, Point 16: Constitutional Safeguards, Point 17: Representation in Federal Parliament, Point 18: Name of Head of State, Point 19: Name of State, Point 20: Land, Forests, Local Government. Thus, this paper will be discussed the 18 and 20 points agreement constructively.