PRESSSTATEMENT

RedelineationMustRestoreSabahSarawakConstitutional SafeguardsJeffrey

Kota Kinabalu: The redelineation of parliamentary constituencies must take into account and restoreconstitutionalsafeguardsforSabahandSarawakandensurethatfederalparliamentaryseats for Malaya should not be more than 65% as agreed upon from the outset during the formation of Malaysia said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief, when asked to comment on the proposedredelineationexercisetobeundertakenbytheElectionCommission. TheuniquenessofthespecialpositionoftheBorneoStatesintheformationofMalaysiahasresulted in constitutional safeguards being agreed upon and provided for to ensure the rights of Sabah and SarawakwerenotdilutedorremovedovertimebythefederallawmakersfromMalaya. ItwasrecommendedbytherepresentativesoftheMalayangovernmentintheCobboldCommission and concurred by their British counterparts that representation of the Borneo territories in the Federal Government shall take account not only of their populations but also of their size and potentialities. This was set out in paragraphs 190(g), 165 and 236(a)(i) of the Cobbold Commission Report. OneofthereasonsforSabahtoagreetoformMalaysiawastheneedfordevelopment.Thereason for considering size and potentialities would also expedite development in Sabah. For instance, Kinabatangan District is as big as the State of Pahang and represented by a single MP and Keningau District with an area of 3,533 sq. km. shares its MP with Tambunan District but is larger than the combinedarea(3,505sq.km.)ofPenang,MalaccaandPerliswhichhasacombined26MPs. Imagine the disparity in allocations for the MPs and development funds? It is not rocket science whySabahlagswaybehindindevelopment. Inaddition,the EC mustinvolvethe SabahState Governmentinthe proposed redelineationexercise as envisaged and agreed upon by the founding fathers of the Federation of Malaysia as provided for inparagraph30(1)oftheInterGovernmentalCommittee(IGC)Reportwhichstatesthat: ConstitutionalSafeguards 30. (1) It is mentioned in other parts of this Report that the Federal Constitution should provide that certain provisions relating to the Borneo States should not be amended or repealedwithout the concurrenceoftheGovernmentoftheStateconcerned. Theseprovisions relate to immigration, citizenship, representation in the Federal Parliament and the High Court oftheBorneoStates. Whether unintentional or devious, the ratio of parliamentary seats for Malaya was manipulated through the years from 65% in 1963 (with 104 out of 159 seats) to the current 75% (with 166 out of 222seats)whichrendersconstitutionalsafeguardsmeaninglessforSabahandSarawak.

2 Therefore, the redelineation exercise in the 50th or golden jubilee year of the formation of MalaysiaprovidesagoldenopportunityforboththeBarisanNasionalandPakatanRakyatlawmakers to rectify a grave mistake of the past and restore the special position of Sabah and Sarawak in the FederationaddedJeffrey. It also provides the golden opportunity for the Prime Minister and the Prime Minister in waiting to put their words into action with regards to honouring the autonomy of Sabah and Sarawak and the latterwhoseBukuJinggaandtheKuchingDeclarationhadpromisedtohonourandrespectthespirit of the Malaysia Agreement. They need to show that they mean what they say and that their words arenotelectiongimmicks. It is also a golden opportunity for the MPs from Sabah and Sarawak to fulfill their moral and legal duty to use the redelineation exercise to restore the ratio of lawmakers from the Borneo States to 35%. Its a lost opportunity STAR did not get to send their representative to the Federal Parliament, who wouldhaveledthemovetorestoreparityofrepresentativesfromSabahandSarawakintheFederal Parliamentpursuanttotheredelineationexercise. Equally important, it will give an opportunity to the people of Sabah and Sarawak to see for themselves whether their elected representatives especially their Sabah and Sarawak federal MinisterswillbebraveandcourageousenoughtostandupinParliamentfortherightsofSabahand Sarawak. The people of Sabah and Sarawak are not the only ones watching them, the whole world will be watchingthemandawaitingtheirdecisionsandtheircounterpartsinBNandPRtoo. DatukDr.JeffreyKitingan Chairman STARSabah 26May2013