THE UNITED NATIONS HUMAN RIGHTS COUNCIL SHOULD INITIATE A SERIOUS REVIEW

By Daniel John Jambun, Borneo’s Plight in Malaysia Foundation (BoPiMaFo)

KOTA KINABALU: On the Structural and Constitutional Rights of Sabah and Sarawak within Malaysia

Writen in the interest of constitutional integrity, equitable development, and the protection of human rights.

I. EXECUTIVE SUMMARY

This submission raises concerns regarding the structural and constitutional position of Sabah and Sarawak within Malaysia.

While Malaysia is formally constituted as a federation, significant issues arise concerning:

the equality of constituent territories

the implementation of constitutional guarantees

the concentration of political and fiscal authority

This submission contends that these structural conditions may affect the full enjoyment of rights by the peoples of Sabah and Sarawak, including their right to meaningful self-governance and equitable development.

II. BACKGROUND AND CONTEXT

A. Formation of Malaysia

Malaysia was established in 1963 through the union of:

Malaya

North Borneo (Sabah)

Sarawak

Singapore (subsequently separated in 1965)

The formation was governed by:

the Malaysia Agreement 1963 (MA63)

the Inter-Governmental Committee (IGC) Report (1962)

These instruments envisaged a federation of distinct and co-equal entities, with safeguards for autonomy and rights.

B. Current Structural Concerns

Over time, a number of structural developments have emerged:

1. Absence of Malaya as a Distinct Federal Unit

Malaya does not exist as a separately constituted entity

Federal authority operates without clear structural distinction from its historical base

2. Centralisation of Authority

Executive and administrative powers are concentrated at the federal level

Limited institutional mechanisms exist to ensure parity among constituent territories

3. Fiscal Imbalance

Revenues generated in Sabah and Sarawak are centrally administered

Allocation and redistribution mechanisms lack transparency and equity

III. HUMAN RIGHTS IMPLICATIONS

A. Right to Self-Determination

Under international law, including:

UN General Assembly Resolution 1514 (XV)

UN General Assembly Resolution 1541 (XV)

Peoples have the right to self-determination, including meaningful participation in governance and control over their resources.

Concerns arise as to whether:

The peoples of Sabah and Sarawak exercise effective control over their economic and political development within the federation.

B. Equality and Non-Discrimination

The structural arrangement raises questions regarding:

equal status of constituent territories

equitable access to development resources

Disparities in development outcomes and fiscal allocation may give rise to:

Perceptions of unequal treatment within the federal system.

C. Economic and Social Rights

Issues relating to:

revenue distribution

infrastructure development

economic opportunities

may affect the realisation of rights such as:

the right to development

the right to an adequate standard of living

IV. THE 40% REVENUE ENTITLEMENT ISSUE

Under the Federal Constitution of Malaysia:

Sabah is entitled to 40% of net revenue derived from the state

However:

The constitutional review mechanism has not been fully implemented

The entitlement has not been realised in practice over several decades

This raises concerns regarding:

compliance with constitutional guarantees

equitable resource distribution

The prolonged non-implementation of a constitutionally grounded entitlement may constitute not merely an administrative lapse, but a continuing structural inequity with direct human rights implications.

V. INTERNATIONAL COMPARATIVE CONTEXT

International experience demonstrates that:

federations require clear institutional separation

and balanced distribution of authority

In certain historical contexts, such as the post-dissolution dynamics of Yugoslavia involving Serbia,
issues arose where one entity retained disproportionate control over federal structures.

While not identical, this comparison highlights a broader principle:

Structural imbalance within federations can raise questions of legitimacy and equality.

VI. PATTERNS AND SYSTEMIC CONCERNS

A. Patterns of Long-Term Structural Concern

Evidence suggests that the issues identified are not isolated, but form part of a long-term structural pattern, including:

prolonged delays in implementing constitutional obligations

progressive centralisation of decision-making authority

persistent disparities in development indicators

limited institutional avenues for effective redress

These patterns raise concerns regarding the consistency of governance practices with the principles of equality and good faith underpinning the federation.

B. Access to Remedy and Accountability

Concerns are also raised regarding the availability of effective remedies, including:

limited mechanisms for constitutional enforcement at the regional level

prolonged legal and administrative processes

absence of independent institutional review of federal-state disputes

This may affect the ability of affected communities to obtain timely and effective redress, as required under international human rights standards.

VII. KEY CONCERNS

This submission respectfully highlights the following concerns:

1. Structural imbalance within the federal system
2. Lack of clear institutional distinction among constituent entities
3. Non-implementation of constitutional fiscal guarantees
4. Potential limitations on meaningful self-governance
5. Disparities in development and resource allocation

VIII. RECOMMENDATIONS

A. Structural and Constitutional Measures

1. Malaysia undertake a comprehensive review of its federal structure
   to ensure alignment with the original framework of MA63
2. Ensure full and transparent implementation of constitutional provisions,
   including the 40% revenue entitlement
3. Strengthen institutional mechanisms
   to guarantee equality among constituent territories
4. Enhance transparency and accountability in fiscal distribution
5. Promote meaningful participation of Sabah and Sarawak
   in decisions affecting their economic and political development

B. Request for International Engagement

This submission respectfully invites the United Nations Human Rights Council and relevant mandate holders to:

engage constructively with the Government of Malaysia

encourage transparency in federal-constituent relations

consider these concerns within the Universal Periodic Review (UPR) process

C. Relevant UN Mandates

The issues raised may be relevant to the mandates of:

Special Rapporteur on the right to development

Special Rapporteur on extreme poverty and human rights

Special Rapporteur on minority issues

IX. RISK OF INSTITUTIONAL EROSION

If left unaddressed, the structural issues identified may:

erode confidence in federal institutions

deepen perceptions of inequality

and undermine long-term cohesion within the federation

Addressing these concerns proactively is therefore not only a legal necessity, but a matter of national stability and unity.

CONCLUSION

This position does not challenge the sovereignty of Malaysia.

Rather, it calls for:

A reaffirmation of the principles upon which the federation was founded — equality, autonomy, and good faith.

Ensuring these principles are upheld is essential not only for constitutional integrity, but also for the protection of human rights within the federation.

“A federation grounded in equality strengthens unity; a federation perceived as unequal risks undermining it.”