By DANIEL JOHN JAMBUN, President Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Borneo’s Plight in Malaysia Foundation (BoPiMaFo) has taken note of the remarks by former Sabah Chief Minister Tan Sri Joseph Pairin Kitingan that Britain should bear responsibility for Sabah’s present constitutional predicament.
BoPiMaFo agrees that history cannot be ignored.
The United Kingdom was the colonial authority responsible for the decolonisation of North Borneo and was one of the principal parties to the Malaysia Agreement 1963 (MA63). In facilitating the formation of Malaysia, solemn assurances were given that Sabah’s constitutional safeguards, autonomy and special rights would be respected within the new Federation.
Those assurances were not mere political promises. They formed part of the constitutional foundation upon which Sabah agreed to become a founding partner in Malaysia.
Among the most fundamental expectations were that Sabah’s demographic security would be protected, that its constitutional control over immigration would remain an effective safeguard against unlawful demographic changes, and that Sabah would enjoy equal partnership and equitable development alongside the other founding territories of the Federation.
More than six decades later, many Sabahans continue to question whether these founding assurances have been fully honoured.
Public concerns surrounding the long-standing issue commonly referred to as “Project IC”, the integrity of the electoral roll, immigration governance, the protection of Sabah’s constitutional autonomy and the continuing development gap between Sabah and other parts of Malaysia demonstrate why these constitutional questions remain matters of legitimate national importance.
For the Momogun and the other indigenous peoples of Sabah, these concerns extend far beyond politics.
They concern the preservation of their constitutional position, their democratic representation, and their ability to continue determining the future of their own homeland through free, fair and credible elections.
If these longstanding constitutional concerns are not addressed transparently, lawfully and decisively, there is a genuine risk that the indigenous peoples of Sabah could become progressively disenfranchised within the very homeland whose constitutional safeguards were intended to protect them at the formation of Malaysia.
Such an outcome would not only undermine democratic legitimacy but would also weaken one of the fundamental assurances upon which Sabah agreed to form Malaysia.
History therefore matters.
However, history alone cannot resolve today’s constitutional challenges.
For more than six decades, Malaysia has been an independent sovereign nation governed by its own Federal Constitution. The primary responsibility for honouring the constitutional promises embodied in MA63 now rests with Malaysia’s constitutional institutions.
Every Federal Government, every Parliament, every constitutional office-holder and every Sabah Government has a continuing constitutional duty to uphold those commitments faithfully.
BoPiMaFo therefore believes that assigning blame solely to Britain cannot become an excuse for avoiding present-day constitutional responsibilities.
The people of Sabah deserve more than historical explanations.
They deserve constitutional solutions that safeguard Sabah’s demographic security, preserve the integrity of Sabah’s immigration powers, protect the democratic rights of genuine citizens, uphold the rule of law, ensure the proper implementation of MA63, secure fair management of Sabah’s natural resources, and deliver the equal development that was envisaged when Malaysia was formed.
If constitutional mistakes have been made, they should be corrected.
If constitutional safeguards have been weakened, they should be restored.
If constitutional rights have not been fully honoured, they should be recognised and implemented in accordance with the Federal Constitution and the rule of law.
BoPiMaFo remains committed to pursuing peaceful, lawful and constitutional avenues—including judicial proceedings where appropriate—to ensure that Sabah’s constitutional position is properly clarified and faithfully respected.
Our struggle is not directed against any race, religion or region.
Our struggle is to preserve the constitutional foundations upon which Malaysia was established.
We believe that a Federation founded upon constitutional promises can remain strong only when those promises are honoured equally by all.
The future of Sabah must be one in which every genuine citizen can have confidence that the State’s demographic security is protected, its immigration autonomy is respected, its indigenous peoples are not placed at risk of constitutional disenfranchisement, and its people enjoy the equal partnership and equitable development that were envisaged in 1963.
Only by faithfully honouring those constitutional assurances can Malaysia continue to prosper as a united Federation founded upon justice, mutual respect and the rule of law.
“Justice for Sabah begins with honouring the constitutional assurances upon which Malaysia was founded—so that future generations of Sabahans remain masters of their own democratic destiny.”
