By Daniel John Jambun, BORNEO’S PLIGHT IN MALAYSIA FOUNDATION (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) expresses serious concern over reports and warnings that the implementation of the Malaysian Border Control and Protection Agency (AKPS) may undermine Sabah’s constitutional immigration safeguards protected under the Malaysia Agreement 1963 (MA63).
We state clearly:
Sabah’s immigration autonomy is not a federal concession.
It is a foundational condition upon which Malaysia itself was formed.
1. IMMIGRATION AUTONOMY IS ONE OF SABAH’S LAST REAL POWERS
For decades, Sabah’s special immigration powers have remained one of the few visible and functioning constitutional protections retained by the State.
Even today:
non-Sabahans are subject to immigration control upon entry into Sabah
the State retains authority over entry restrictions
special safeguards exist precisely because Sabah’s demographic and geographical realities are unique
This was not accidental.
These protections were deliberately negotiated during the formation of Malaysia to protect Sabah’s identity, security, and demographic stability.
Any attempt — direct or indirect — to dilute this autonomy strikes at the heart of MA63 itself.
2. CENTRALISATION THROUGH “AGENCIES” IS STILL CENTRALISATION
We note with grave concern the warnings raised by Sabah immigration officers themselves regarding overlapping powers and operational uncertainty under the AKPS framework.
Let us be absolutely clear:
You do not need to formally abolish Sabah’s immigration rights in order to weaken them.
If operational control, enforcement authority, border decision-making, or command structures are gradually transferred to federal agencies, then the practical effect is the same:
Sabah loses control.
Constitutional erosion does not always happen through dramatic amendments.
Sometimes it happens quietly through administrative restructuring.
3. SABAH HAS HISTORICAL REASONS TO BE CAUTIOUS
Immigration in Sabah is not an ordinary administrative matter.
It is directly connected to:
illegal immigration
Project IC allegations
identity documentation controversies
demographic imbalance
electoral integrity concerns
border vulnerabilities
Sabah has already experienced the consequences of weak control and federal failures in managing immigration issues.
That is precisely why Sabah’s immigration safeguards were considered essential during the formation of Malaysia.
To now centralise border powers without serious constitutional sensitivity is politically reckless and historically tone-deaf.
4. MA63 CANNOT EXIST ONLY DURING CEREMONIES
The Federal Government cannot continuously celebrate MA63 in speeches while simultaneously weakening its safeguards in practice.
MA63 is not:
a slogan
a public relations exercise
or a yearly political event
It is a constitutional compact.
And constitutional safeguards cannot be bypassed through administrative mechanisms disguised as “coordination” or “efficiency.”
5. SABAH LEADERS MUST SPEAK WITH ONE VOICE
BoPiMaFo calls upon:
the Sabah State Government
all Members of the Sabah Legislative Assembly
Members of Parliament from Sabah
and civil society organisations
to take a firm and united position defending Sabah’s immigration autonomy.
Silence today may become irreversible erosion tomorrow.
If Sabah cannot defend one of its clearest constitutional safeguards, then the public will inevitably ask:
What exactly remains of MA63 in practice?
6. THIS IS NOT ANTI-MALAYSIA — THIS IS DEFENCE OF THE FEDERATION’S ORIGINAL TERMS
Defending Sabah’s constitutional safeguards is not extremism.
It is fidelity to the original constitutional arrangement upon which Malaysia was formed in 1963.
A federation that ignores its founding safeguards weakens its own legitimacy.
BoPiMaFo therefore urges the Federal Government to provide immediate clarification regarding:
the exact operational powers of AKPS in Sabah
whether Sabah’s consent was properly obtained
and whether the implementation framework fully preserves Sabah’s immigration autonomy under MA63 and the Federal Constitution
Sabah’s constitutional safeguards must not be diluted through administrative stealth.
MA63 must be respected not only in speeches — but at the border itself.
