DINNER SPEECH AT CROWN TOWER - 5.7.2008

With YB Violet Yong, YB Lim Kit Siang, YB Fong Kui Lun and Mr. Ting Ling Kiew from SNAP

DAP presenting a souvenir to SNAP Deputy President, Mr. Ting Ling Kiew

to foster closer relationship

Salam Sejahtera dan Selamat Datang kepada semua para hadirin sekalian........

My opening address was in the National Language because I accord great respect to the Language and malay culture, but, not all Sarawakians have good command of the language.

Always serious in delivering speech. Sarawak helped formed Malaysia and should be accorded equal partnership, that was what our forefathers said................., but,.......... see my speech below

The man who always gave headache to BN government! Lim Kit Siang is his name!




Our National Party Treasurer, YB Fong Kui Lun.




Seeking donation for the cause of Sdr. Chong Chieng Jen in fighting the might of a dissatisfied voter who filed an Election Petition against Sdr. Chong Chieng Jen.







DAP Choir Group in Action!

When Tunku Abdul Rahman on 27 July 1963 while in Singapore, wanted to form Malaysia, Sarawak was one of the territory that Tunku had in his mind, so was the state of North Borneo, which is now, Sabah. Both states were very rich in natural resources. Sarawak got a gold mine, unexplored vast lands, huge virgin forests and timberlands. It was also a land famous for its hornbills. Likewise, was North Borneo at that time was equally rich in natural resources. Tunku could know that Sarawak had oil in Miri at that time. On top of these, it was believed that the coastal shelves of both states also have oil and gas, our most prized natural resources.

The important question we need to ask is, “ Why Tunku Abdul Rahman wanted Sarawak and North Borneo to be part of his Malaysia Plan?” Was it because of our rich natural resources or was it because Malaya wanted to help develop North Borneo and Sarawak, who were very undeveloped and backward British territories in this region. Sarawakians and Sabahans must be reminded that we did not join Malaysia, but, we helped formed Malaysia. This is because if we were said “joined Malaysia” then, we rightly could be said junior partners in Malaysia and we if we think so, then, we are surrendering our rights of “equal partnership” and could invite discrimination from UMNO and the federal government led by UMNO. Sarawak and Sabah should not always “kow-tow” to UMNO and federal government! We have our rights, pride and dignity!

In what ever thinking, differences of opinion and happenings at that time, we formed Malaysia on 16 September, 1963 and helped Malaysia to prosper and stabilized the political and security situation in this region. We were supposed to be treated equal and that was, at least the promise, of our Malaysian forefathers who also included that from UMNO. After Malaysia was formed, we Sarawakians and Sabahans, as our culture dictates us, were always an obliging lot, obedient and subservient to the federal leaders and UMNO in the name of nation building and unity. When UMNO and their leaders said something we never opposed, because, UMNO in which we understood was that, “You Must Not Oppose”.

Not only that, under the Malaysia Agreement, we should be allowed to review the so-called “20-Points Agreement” for East Malaysia. This was supposed to be done in 1973, but, we did not have a proper review of this right, which, I personally feel, should be by way of a referendum, to involve each and every adult Sarawakian and Sabahan.

But unfortunately when, Nigkan, became our Sarawak first chief minister on 22 July, 1963, Ningkan was a very disobedient servant of the federal government. Ningkan was unceremoniously removed because Tun Razak, who at that time the Prime Minister and UMNO, boss flexed the federal muscle, wanted Ningkan removed by citing Article 7 of the State Constitution and this led to a constitutional crisis in Sarawak, because Ningkan not only opposed UMNO’s dominating policies over Sarawak, but, because we were not treated as equal and that there were also policies not suitable to Sarawak.

In a Dewan Rakyat sitting at that time, a political leader in Sarawak was heard to say, “How alarming it is to find the extent to which UMNO in Kuala Lumpur would go – to even topple the [Ningkan] government headed by an Iban who happened to hold non-racial views……….. is Sarawak a colony…….in Malaysia? (the full text of this politician’s speech was published in the Sarawak Tribune on 31 May 1963).

We need now examine what that politician said in parliament, “…is Sarawak a colony……..in Malaysia?”

Sarawak helped Malaysia to develop and was always behind the federal government in whatever crisis the nation was facing. When the alliance government led by UMNO did not have the two-thirds majority in Parliament to amend the Federal Constitution, a Sarawak political party on 11 February, 1977 came to its rescue by joining the federal government with five of its Members of Parliament. With this, the federal government hurriedly amended the Federal Constitution which effectively sealed the mouths of Malaysians to speak on issues considered sensitive, such as grants for scholarships, permits or licences, reservation of places in the public service and citizenship rights granted to immigrants and the control of or reservation of educational opportunities in educational institutions.What a treatment we received from UMNO-led federal government? The Federal Constitution is a sacred document, where our rights and protection are spelt out. Be it known to Sarawakians, that Article 161A of the Federal Constitution does no give native status to Ibans and Bidayuhs in Sarawak, although some indigenous races were included in the said Article 161A of the Federal Constitution. We must understand that ibans and bidayuhs are also dayaks of Sarawak, but, was it because of the voice of Ningkan, who was an uncompromising Iban that made Ibans and Bidayuhs inconspicuous in our Constitution?

We in the DAP believed in multi-racialism and this Federal Constitution should accord ibans and bidayuhs a proper place. Read with our Sarawak state Interpretation Ordinance, I could not, but, correct me if I am wrong, find the races called land dayaks and sea dayaks in Sarawak. So this was that much our federal leaders know about Sarawak and could not know the wishes of Sarawak people. UMNO and federal government leaders should not assume that we still lived on the trees! Now, I hereby call our iban and bidayuh friends and all other natives in Sarawak, to wake up and fight for your rights which had been overdue. It is time now that a dayak, being the largest race in Sarawak, takes the chief ministership of Sarawak, to correct the flaws of the government and to give better focus to the dayak cause. If there is no dayak wanting to take the challenge, it is also time that a malay takes the chief ministership of Sarawak.

45 years after Sarawak helped formed Malaysia, there is yet a malay who became a chief minister of Sarawak. Are the malays here ‘second class’ malays in Malaysia? The malay language is our national language and although most Sarawakians speak the language, not all have good command of the national language. Since the malay language is our national language, the Sarawak malay language should also be allowed in our civil service, not only in the Dewan Undangan Negri. We could not deny that many non-malays could speak and could communicate well in local malay language, but, not in the national language, that is the national malay language. If we have a malay chief minister, maybe the dream of a better communication and use of the local malay language could be a reality. It is something that we Sarawakians should be proud of.

Not only that, when the UMNO-led federal government had wanted to control our oil, Sabah and Sarawak, we also gave into their demand. With the control of Parliament, the federal government then passed the Petroleum Development Act 1974, which saw almost all oil and gas revenues went to the federal government and Sabah and Sarawak until now, could only got a paltry 5% of the royalty back. So, Sabah and Sarawak not only gave them oil, but, also gave them oil money. We had been deprived for too long of our resources.

To BN MPs from Sabah and Sarawak, for the sake of the people of Sabah and Sarawak, it is time that you should be changing boat and jump to the Opposition to see a fairer deal for Sabah and Sarawak. You had done enough damage to Sabah and Sarawak by prolonging your stay in the BN government, and it is time that you think for a better Sabah and a better Sarawak. People of Sabah and Sarawak are already impatient and will judge you in the next election. If you want to test their intelligence, don’t play money politics to win their votes. Be gentleman and fight clean! God will reward you!

With the oil and gas money from Sabah and Sarawak, West Malaysia had become a rapidly developed part of Malaysia, with huge international airports, federal complexes, smooth fast lane highways, public universities and hospitals with state-of-art life saving equipments and facilities. Oil and gas from Sabah and Sarawak also helped their factories and cars moving, leaving Sabah and Sarawak still very much backward states with still too many places inaccessible by roads, but, by airplanes and helicopters as if all Sabahans and Sarawakians are millionaires!While Malaysia prospered steadily since Malaysia was formed, which also saw West Malaysia enjoyed many cheaper goods, but, Sabah and Sarawak was let to enjoy goods at prices very much expensive than in West Malaysia, because Parliament, controlled by UMNO did not give a thought to have a National Pricing Act. We can earn the same amount of money our brother West Malaysian may earn in West Malaysia, but, the earnings of Sabahans and Sarawakians have no purchasing power.

In longhouses and rural areas, the poor malays, chinese and natives were just hoping that God would be kind enough to them that they not fall sick, otherwise, if sick, the only fast mode to hospitals are by helicopters! Wah! Helicopters! How to afford this when most of those in the rural areas could not even afford generators for their electricity!Talking about electricity, I have Bakun, in mind. To further speed up the pace of development in West Malaysia and to realize Vision 2020, the federal government wanted Bakun be sped up so that West Malaysia would benefit from the power supply from Bakun. A mammoth dam had been built and progressing well, but, if one day God wants this Bakun dam to break or earthquake like in China in Szechuan to happen, many people in Sarawak will die and their families, friends and relatives will live their lives in sorrow in the remembrance of the dead. The federal government may just send aids and some help, but, no amount of money can buy back the sorrows of Sarawakians if this were to happen.

Therefore, when West Malaysia wanted electricity power, we also agree to supply them through Bakun, but, they have Tenaga Nasional Bhd (TNB), which is, a very much bigger and powerful electricity supplier than in Sarawak. Why the UMNO-led federal government did not want to build their own Bakun and with the expertise and resources Tenaga Nasional Bhd has, supply power to Sarawak and our brother state, Sabah? If they are scared that the dam may one day collapse by the will of God, then, Sarawak people also do have that fear. Why push the fear to Sarawakians?

We now have too many West Malaysian businessmen and companies came here to seek prosperity and wealth in Sarawak when Sarawak companies and businessmen had already found the goings tough. When the Rajahs and the British were in Sarawak, economic resources in Sarawak were colonial properties, but, now what happened to our resources and opportunities with the influx of West Malaysians grabbing business opportunities and competing with Sarawakians? Sarawakians, may one day may not be able to control their own resources. What natural resources and business had Sarawakians controlled in West Malaysia. The same situation now also applies to Sabah, and the influx of too many West Malaysian companies and businessmen had deprived jobs from much needed for Sabahans. In the civil service, sons of the soils of Sarawak could find too many “expatriates” coming up and down the lifts of Bangunan Sultan Iskandar! We need them, but, not too many and most of these “expatriates” could not understand the local people well, which in turn, caused many things not done properly to the satisfaction of the local people.

Now, when the nation is facing food and rice shortage, it is to Sarawak that Malaysia has to turn to – plant padi and other food crops, but, who will plant? Sarawakians to plant the padi or people from West Malaysia to plant? If West Malaysians and their companies come here to plant, land be given to them or just leased out? If huge chunks of Sarawak lands be given to West Malaysians, this again, will deprive Sarawakians of their natural property and Sarawakians will find themselves squeeze out.

Most of our lands which are suitable for huge padi plantations which are near to civilization are native lands. Being not titled land, the natives in Sarawak will find it difficult to stamp their rights on and natives may find themselves in endless woos with the authorities and companies when their lands be encroached for these developments and up-coming padi plantations.

When our national carrier was in trouble, sick with debts, the federal government also had to come to Sarawak for rescue. In Sarawak, the federal government discovered in the highlands of Borneo in Baram, the “gem”, Idris Jala, to revive the fortune of the Malaysia Airline System (MAS), who, prior to that many complained as, “Mana Ada Sistem (MAS)? Now, we can proudly say, “Malaysia Ada Sarawak!”. That is, when in trouble, Malaysia has Sarawak to look forward for help!.So, Malaysia, when you are in trouble, Sarawak is always behind you, but, are we a colony state? Please answer us!

To Sarawakians, we need to understand, DAP was brought in by Sdr. Chong Siew Chiang and a few others, because, they could see the evils that would befall Sarawak since 1978. They had this vision and a mission to fulfill. The DAP federal leaders also could see this to happen in Sabah and Sarawak, and we all know, when we were already in one nation and in Malaysia, there was no way we could get out of Malaysia. DAP federal leaders also had this vision and had wanted Sarawak and Sabah to enjoy equal partnership in Malaysia. They love us Sarawakians and Sabahans, as they see “One Malaysia, One Nation” and not something we used to have heard called, “East Malaysia and West Malaysia”. We believed in Malaysia and will stay in Malaysia, but, I say, we don’t want to be mistreated as second class states within Malaysia, This was the reason why DAP federal leaders gave the blessing to have DAP set foot in Sarawak in 1978 and also in Sabah. This was because DAP led by Sdr. Chong Siew Chiang also knew that there could not be any other political parties that could save Sarawak from the onslaught of unfair policies against Sarawakians by UMNO led federal government. This was because Sdr. Chong Siew Chiang and DAP federal leaders could at that time see political parties in Sarawak, could only know to blindly support UMNO-led BN government and will forget the rights of Sarawakians.

SUPP was the party which joined the UMNO-led Alliance government in 1971 which gave the UMNO-led Alliance government the much needed two-thirds majority that caused UMNO to hurriedly amend the Federal Constitution, thus, depriving many issues affecting not only Sabah and Sarawak, but, Malaysia as a whole, be voiced out openly as they could be considered sensitive and invite ISA and OSA. Their joining of UMNO led-federal government was the start of the change of political scenario to become what it is today and if any political party is to be blamed, then, there is no reason why SUPP could be singled out. Sabah and Sarawak became weak on negotiation table and SUPP's participation as a component member of the government also saw the rise of UMNO arrogance and dominance in Malaysian politics, a strategy which SUPP should regret.

Many thereon after the Federal Constitution was amended, were afraid to voice out the grievances faced by Sabahans and Sarawakians. Many Sabahans and Sarawakians are confused and Sarawakians wondered if Sarawak is a colony? This is a perception that we should all correct. The DAP federal leaders did not want this misconception and this was why DAP was allowed to be launched in Sarawak in 1978.

Now, the public sentiment is that can we displace UMNO-led BN government with a Pakatan Rakyat government so that the many wrong policies affecting the people of Sabah and Sarawak also our beloved nation could be put right?

I have to tell them, we want that to happen, but, this may not happen too soon. We missed the political Tsunami of March 8, 2006!

This is because with many things and political issues affecting the nation, not only in Sabah and Sarawak, we better prepare for an emergency rule. This is because it is unprecedented for the Inspector-General of Police, Tan Sri Musa Hassan, to voice out seeking help from the army to quell any civil unrest which could spark by recent political situation or development in the country. We should not now have a 6-day joint military-police exercise as if the nation is anticipating an emergency. This had created some uneasiness with the people of Malaysia. The call by the IGP and the joint military-police exercise showed that the Royal Malaysian Police with the title, “Royal” awarded by the King for its effort in maintaining security and for fighting insurgencies had no confidence in managing the security of the nation. Why need the army?

The many happenings in the nation, which included the incapability of the country to control the “legal” immigrant situation in Sabah and Sarawak, the allegations against DPM Najib’s affairs with Altuntuya and the submarine purchase, the case against Datuk Seri Anwar Ibrahim, the allegations against the Attorney-General and the IGP and the late Moktar Abdullah, the recent suspension of trading in the KL stock market exchange, the erosion of public confidence in the judiciary, law enforcement agencies such as the Royal Malaysia Police and the Anti-Corruption Agency, the recent increase of oil affecting prices of goods and business, and the increasing ground dissatisfactions of Sabahans and Sarawakians against federal policies are enough for the army to make excuses to cause a coup detat and place this beloved Malaysia in emergency rule. I hope the Army may not have this thought at all.

Tan Sri Musa Hassan, Najib and those involved in the allegations of mismanagement of the country should not make further noise through the press. They should take leave from their duties and a Royal Commission should be set up and not ACA to investigate the allegations hurled against them. Criminal acts, such as obstruction of justice and tampering of evidence could have occurred and these are not simple case of corruption and abuse of power alone in which ACA should not be a body that could be seen independent in their tasks as ACA has to report the investigation to the Attorney-General and the Prime Minister.

Malaysia, we pray God save you! To, Sabah and Sarawak, may God protect us with no earthquakes to destroy our Bakun Dam later on and no more deprivation of our rights and natural resources and may the UMNO-led federal government give us what are ours and give us what are due to us. To Sarawakians and Sabahans, in DAP we shall survive! In Pakatan Rakyat we will see Malaysia progress!

When In Trouble, call Sarawak!

reva

Sarawak, the land of the hornbills, was once rich in gold and antimony and has the size of nearly that of West Malaysia. It also has vast forests, plenty of oil and gas and has many scenic tourist sites. The Mulu Cave is famous worldwide and many places in Sarawak are still undeveloped and inaccessible by roads. People in Sarawak seems to be rich, as they could travel by airplanes, which is a very expensive mode of transportation, but, in reality the majority of Sarawakians are still poor and too many are still living below the poverty line.

When Tunku Abdul Rahman wanted to form Malaysia, Tunku on 27 May, 1961 when in Singapore, wanted Sarawak to be included in his Malaysia Proposal. Why Tunku had wanted Sarawak to be in his Malaysia Plan? Was it because Sarawak was rich with land, oil and timber resources? Was it because Malaya wanted to help develop Sarawak, who was very much backward than Malaya?

When Malaysia was born, Ningkan then on 22 July 1963 became the first chief minister of Sarawak and had wanted “Sarawak for the Sarawakians”. Ningkan was a disobedient servant of the federal government led by UMNO, a party whose command, you must not oppose, saw Ningkan in trouble.

Ningkan, although a native, but, had the heart of the Chinese, malays and all Malaysian races, declared that, “……all Malaysians are sons of the soil. In the role of nation building, no one needs to be reminded constantly of one’s racial origin……..”

Not only the dayaks, the Chinese in Sarawak also liked Ningkan for his multiracialism Malaysia, but, the then federal government leaders were hurt because being a native, Nigkan also refused to promote Malay as the national language in the state. His preference was for English, a language, although taught by the colonists, was acceptable to all Sarawakians, which language also was seen by Sarawakians as a global language in which no other Malaysian languages could replace. Ningkan was then unceremoniously removed as the chief minister of Sarawak when the federal government led by Tun Razak, the father of our famous Datuk Seri Najib, who recently became more famous because of Altuntuuya’s case, flexed its muscle in mid-June, 1966 demanded under Article 7(1) of the Sarawak Constitution, that Ningkan has to resign. This brought the state into a constitutional crisis.

In a Dewan Rakyat sitting, a political leader in Sarawak was heard to say, “How alarming it is to find the extent to which UMNO in Kuala Lumpur would go – to even topple the [Ningkan] government headed by an Iban who happened to hold non-racial views……….. is Sarawak a colony…….in Malaysia? (the full text of this politician’s speech was published in the Sarawak Tribune on 31 May 1963).

The fear to oppose the federal government was always there afterwards and Sarawak politicians, especially, those in the BN seemed to talk a lot outside, but, were always very quiet in Parliament. In some issues, these BN politicians also dared not even to whisper in coffee shops and many were also seldom seen mixing around with the kaki lima people for fear of being asked their stand on certain issues affecting the people of Sarawak.

We need now examine what that politician said in parliament, “…is Sarawak a colony……..in Malaysia?”

Sarawak helped Malaysia to develop and was always behind the federal government in whatever crisis the nation was facing. When the alliance government led by UMNO did not have the two-thirds majority in Parliament to amend the Federal Constitution, a Sarawak political party on 11 February, 1977 came to its rescue by joining the federal government. With this, the federal government hurriedly amended the Federal Constitution which effectively sealed the mouths of Malaysians to speak on issues considered sensitive, such as grants for scholarships, permits or licences, reservation of places in the public service and citizenship rights granted to immigrants and the control of or reservation of educational opportunities in educational institutions.

But the amendments and some provisions of the Federal Constitution, do not accord “special position” of natives to Ibans and Bidayuhs, although they are the undisputed largest indigenous races in Sarawak, as they are not categorized as “native” under Article 161A(7) of the Federal Constitution. Therefore, the safeguard of the special position allowed to natives under Article 153 read with Article 153(9A) of the Federal Constitution is not available to the Ibans and Bidayuhs although other indigenous races such as kayans, kelabits, kenyahs, kedayans, punans, lisums, malays and melanos, etc., are natives of Sarawak. No little wonder that I used to receive complaints from the Ibans and Bidayuhs in Sarawak that there are only three recognizable races are found in Malaysia, that is, Malays, Chinese and Indians and others. Who are the others? How could NEP had benefited the Ibans and Bidayuhs, then, when the Federal Constitution does not recognize them?

I had also look in the Kuching High Court Library the Sarawak Interpretation Ordinance for the definition of the word, “native” and could not find the definition to include Land Dayaks and Sea Dayaks, but only those races aforesaid mentioned in Article 161A of the Federal Constitution, although these races, Land Dayaks and Sea Dayaks appeared in the Federal Constitution. It seems that these two races, Land Dayaks and Sea Dayaks are non-existent races of Sarawak!

So this much was what the federal leaders knew about Sarawak! Maybe, they knew, but, had wanted it that way.

From then on after the Federal Constitution was amended, the UMNO led government in Malaysia was able to dictate Sarawak rights with little or no opposition at all.

With the control of Parliament, the federal government then passed the Petroleum Development Act 1974, which saw almost all oil and gas revenues went to the federal government and Sarawak until now, only got a paltry 5% of the royalty back. So, West Malaysia wanted oil, Sarawak also gave them oil and also money. Until today no BN politician from Sarawak dared to speak for more oil royalty outside or inside Parliament. What Sarawak wants is more oil money for the state. As I had said just now, the fear of the federal government was too fresh and great after the sacking of Ningkan. With the oil and gas money from Sarawak, West Malaysia had become a rapidly developed part of Malaysia, with huge international airports, federal complexes, smooth fast lane highways, public universities and hospitals with state-of-art life saving equipments and facilities. Oil and gas from Sarawak also helped their factories and cars moving, leaving Sarawak a backward state with still many too many places inaccessible by roads, but, by airplanes as if all Sarawakians are millionaires!

While Malaysia prospered steadily since Malaysia was formed which also saw West Malaysia enjoyed many cheaper goods, but, Sarawak was let to enjoy goods at prices very much expensive than in West Malaysia, because Parliament controlled by UMNO did not give a thought to have a National Pricing Act. We can earn RM10-00 a day in Sarawak, the same amount that a brother West Malaysian may earn in West Malaysia, but, ours here that RM10-00 is just nice for breakfast for two, while, in West Malaysia, our brother West Malaysian could still “ta pau” to office after breakfast with his wife or girlfriend!.

In longhouses and rural areas, the poor malays, chinese and natives were just hoping that God would be kind enough to them that they not fall sick, otherwise, if sick, the only fast mode to hospitals are by helicopters! Wah! Helicopters! How to afford this when most of those in the rural areas could not even afford generators for their electricity!

Talking about electricity, I have Bakun, in mind. To further speed up the pace of development in West Malaysia and to realize Vision 2020, the federal government wanted Bakun be sped up so that West Malaysia would benefit from the power supply from Bakun. A mammoth dam had been built and progressing well, but, if one day God wants this Bakun dam to break or earthquake like in China to happen, many people in Sarawak will die and their families, friends and relatives will live their lives in sorrow in the remembrance of the dead. The federal government may just send aids and some help, but, no amount of money can buy back the sorrows of Sarawakians if this were to happen.

Therefore, when West Malaysia wanted electricty power, we will supply them through Bakun, but, they have Tenaga Bhd., a very much bigger and powerful electricity supplier than in Sarawak. Why the federal government don't want to build their own Bakun and with the expertise and resources Tenaga Bhd has, supply power to Sarawak and our brother state, Sabah? If they are scared that the dam may one day collapse by the will of God, then, Sarawak people also do have that fear. Why push the fear to Sarawakians?

When a BN component political party in West Malaysia some years ago had internal squabbles and when the late Tun Gaffar Baba, the master mediator, failed to resolve the crisis, it was to Sarawakians that West Malaysia people turned to. I was told, two famous sons of Sarawak were called in to assist solved the political crisis, but, yet Sarawakians had not so much been considered in terms of projects by the federal government. The gratitude for Sarawak help seems not there.

Instead, on the other hand, many West Malaysian businessmen and companies could flock and were allowed to seek prosperity and wealth in Sarawak when Sarawak companies and businessmen had already found the goings tough. When the Rajahs and the British were in Sarawak, economic resources in Sarawak were colonial properties, but, now what happened to our resources and opportunities with the influx of West Malaysians grabbing business opportunities and competing with Sarawakians?

In the civil service, sons of the soils of Sarawak were also been deprived of the jobs and promotions with “expatriates” coming up and down the lifts of Bangunan Sultan Iskandar!

Now, when the nation is facing food and rice shortage, it is to Sarawak that Malaysia has to turn to – plant padi and other food crops, but, who will plant? Sarawakians to plant the padi or people from West Malaysia to plant? If West Malaysians and their companies come here to plant, land be given to them or just leased out? If huge chunks of Sarawak lands be given to West Malaysians, this again, will deprive Sarawakians of their natural property and Sarawakians will find themselves squeeze out.

If such lands have to go for padi and food crop plantations, our land policy will have to change and relevant laws may probably be amended to suit these developments because most lands near to civilization are native lands, which presently have no titles. Without titles to stamp their rights on, these natives may find themselves in endless woos with the authorities and companies when their lands be encroached for these developments.

When our national carrier was in trouble, sick with debts, the federal government also had to come to Sarawak for rescue. In Sarawak, the federal government discovered in the highlands of Borneo in Baram, the “gem”, Idris Jala, to revive the fortune of the Malaysia Airline System (MAS), who, prior to that many complained as, “Mana Ada Sistem (MAS)? Now, we can proudly say, “Malaysia Ada Sarawak!”. That is, when in trouble, Malaysia has Sarawak to look forward for help!.

Now, with our national car, Proton, very sick, with loss of RM590.448 millions in debts a year ago,(see The Borneo Post Saturday June 28, 2008) the federal government may also wish to look forward to Sarawak to cure the cancer in the organization from the brink of winding-up. Its scaring when the Proton Managing Director, Datuk Syed Zainal Abidin revealed the cancer, that is, poor quality of cars, with failures in power windows, doors and alarm systems and that poor quality component parts accounted to about 60% of the defects in proton cars. Watch out! How safe is your car? No wonder, proton cars were easy targets by thieves.

On top of that to strength UMNO and BN, Sarawak never failed since Malaysia was formed, to deliver almost clean sweep of all Parliamentary seats each time there was a General Election.

So, Malaysia, when you are in trouble, Sarawak are always behind you, but, are we a colony state? Please answer us!

One Bumi party, Sulaiman will be the next Chief Minister!

Parti Rakyat Sarawak (PRS) and Sarawak Progressive Party (SPDP) although multiracial, but, are dayak-based political parties and their merger will see another colourful political landscape in Sarawak. Such merger of political parties in Sarawak was not an unusual political move to stay in power. In November, 1966 Parti Negara Sarawak (PANAS) merged with Barisan Rakyat Jati Sarawak (Barjasa) to form Parti Bumiputera (a detailed account of the merger could be found in the Malay Politics in Sarawak 1946-1966) and this saw the master-politician, Abdul Rahman Yakub as the President and Chief Minister of Sarawak in 1970. Before the merger, both parties were not strong and SUPP was the only political force in the state at that moment.

The merger also saw the birth of Ketuanan Melanau and also the relegation of the Malay power in Sarawak politics. At least when in the Cabinet of Penghulu Tawi Sli, a Malay was made the Deputy Chief Minister and until now, there has been no Malay being made a Deputy Chief Minister after the birth of Ketuanan Melanau. Until now, no malay had ever became the Chief Minister of Sarawak.

Then in 5th January, 1973 Abdul Rahman Yakub strengthened his power by merging Parti Bumiputera Sarawak with Parti Pesaka led by Temenggong Jugah to form Parti Pesaka Bumiputera Bersatu (PBB). This political manoeuvring by Abdul Rahman Yakub saw the second weakening of dayak political power. The first weakening of dayak political power was after Ningkan was sacked as the Chief Minister in 1966. Ningkan was replaced by Penghulu Tawi Sli as Chief Minister on 17th June, 1966. The reinstatement of Nigkan on 7th September, 1966 by the court who successfully challenged his removal was short-lived, in which, on 23rd September, 1966 saw the restoration of Penghulu Tawi Sli as Chief Minister. Under Ningkan, the dayaks were very strong politically and the federal government under Tun Razak was very uneasy with his uncompromsing attitude in protecting Sarawak rights, but, after Ningkan was replaced, Penghulu Tawi Sli, could not restore the dayak pride.

The merger of Parti Bumiputera Sarawak and Parti Pesaka on 5th January, 1973 into PBB in actual fact was a political coup which also saw the relegation of SUPP to a weaker position in the state Cabinet under Abdul Rahman Yakub as PBB then overshadowed SUPP with 23 (Parti Bumiputera 13, Pesaka 10) seats against 12 seats in the State Assembly. So as could be seen, Abdul Rahman Yakub was able to weaken the political positions of the dayaks, malays and the Chinese before he handed his baton to his nephew, Abdul Taib Mahmud, thus, making the life of his nephew very much easier, who then until now became the longest serving monarch in Malaysia!

When PRS and SPDP merged, the dayaks are expected to be united behind the merged party with a new dayak image to regain their glory days during the Ningkan era. This will then definitely put them in better political bargaining power within the Sarawak state BN. In the long run, the new dayak image within the state BN may threaten the position of PBB led by Abdul Taib Mahmud. Abdul Taib Mahmud is smart and recalled the tricks of his uncle. Abdul Taib Mahmud, in order to perpetuate Ketuanan Melanau and to see PBB continue to be the backbone of the state BN, had in local press seems to indicate that all bumiputera parties should join into one political identity. Abdul Taib Mahmud was said spoke of the possibility of a merged PRS-SPDP entity one day “joining” PBB of which he is now President. He wants PRS-SPDP merged first into a stronger entity before negotiating with PBS. Of course, common sense always told us that if your position is weak, you have no or little bargaining power, but, I foresee a trap is there for the merged PRS-SPDP!

In that position, you think you are strong, but, when you merge further with PBB you will lose your bargaining power further! This is because the top man will still be Abdul Taib Mahmud and in PBB, the Ketuanan Melanau solidarity is unshakeable! Abdul Taib Mahmud had already built a fire-wall for them where malays within PBB itself was unable to penetrate and what say you a new comer!

When you, the merged PRS-SPDP joins PBB into one new entity, the Chinese in PRS-SPDP, where to go? To SUPP or DAP? This again will further weaken the position of the Chinese in Sarawak caused by the new chemistry.

To SUPP, their position will be threatened further. This is because when PBB becomes stronger caused by the merger, SUPP’s political position will be weaker within the BN. SUPP by now should wake up because since 1970, especially, after 1973 SUPP’s bargaining power declined over the years. In 1974 general election, SUPP was allocated 16 state and 9 parliamentary seats to contest while PBB got 32 and 15 respectively. What a big jump for PBB! Before SUPP joined the alliance government on 7th July, 1970, SUPP was able to contest 30 out of 48 state seats and 19 our of 24 parliamentary seats. In 1978 parliamentary election, SUPP was only allocated 7 seats to contest. In 1979 state election, SUPP was allocated 12, that is, 4 less than in 1974. While both state and parliamentary seats had increased, SUPP also was not allocated more seats as expected.

In recent years, SUPP had not only unable to protect SUPP’s own interest by losing the Chairmanship of SESCo, the Finance Minister’s portfolio, the Mayorship of MBKS and two Assistant Ministers’ portfolios, to name a few. Then, how could SUPP be able to protect the interest of the people who supported SUPP, when SUPP could not maintain SUPP’s own positions and political bargaining power within the BN? Had SUPP not seen that the strong position of PBB is unshakeable within the BN and the only way to regain SUPP’s pride is to leave BN and join forces from outside BN to fight PBB, who under Abdul Taib Mahmud has greatly weakened Chinese interest, whom SUPP claimed to protect, but, in which, SUPP had not been of much help.

So Sarawak politics will see the Melanau race continue to dominate the dayaks, Chinese and the malays. When Abdul Taib Mahmud retires soon, definitely, Taib would wish his son, Sulaiman to take over the Chief Minstership from him to perpetuate the Ketuanan Melanau.

Prices of petrol in some oil producing countries (per litre)

UAE ...........................RM1.19

Egypt ........................RM1.o3

Bahrain......................RM0.87

Qatar.........................RM0.68

Kuwait......................RM0.67

Saudi Arabia............RM0.38

Iran...........................RM0.35

Nigeria......................RM0.32

Turkmenistan ........RM0.25

Venezuela ...............RM0.16

Brunei .....................RM1.26

Their oil is cheaper than a tin of oca-Cola!

Public Assembly and Procession in Protest of Oil Hike

It has been quite a number of days that an application has been submitted to the Officer-In-Charge (“OCPD”) of Kuching Police District for the issue of a police permit or licence, but, there still is no news about it. Under the law, such an application has to be made to the OCPD under section 27(2) of the Police Act 1967. Prima facie, the OCPD must issue the licence applied for. The OCPD could not in law, simply refuse such an application without assessing the security situation of the District under his control. He could, however, refuse to issue such a licence after he is satisfied with security assessment made from his sources, especially, the Special Branch and the Criminal Investigation Branch under this command, that the procession or assembly would be prejudicial to public security or that the assembly could incite a disturbance of the peace.

Meaning that, the OCPD could not refuse the issue of the licence without, first, make any security assessment at all.

The OCPD also could not simply refuse to issue the licence based on the directives from the top. This is because it is for the OCPD to exercise the power based on OCPD’s own assessment of the security situation. The OCPD could not simply listen to the directive from the top. He is expected to exercise an independent mind, without, any interference of any person in the exercise of this power.

Administratively, the OCPD requires at least a few days be given to him to assess the security situation and since time has been given, the OCPD is expected to issue the licence in soonest possible so that the organizers will have ample time to organize the assembly and to comply with the conditions set in the licence.

The OCPD could not also refuse to issue the licence if the report shows that the assembly would not give rise to security threat or disturbance of public peace. The OCPD could not be seen to unreasonably refuse the permit or licence applied for.

If he refuses the application for the licence, the OCPD should in soonest possible, communicate his refusal to the applicant. Such communication should not be made through the newspapers. If the applicant is informed of the refusal, the applicant can appeal against such refusal to the Commissioner of Police (“CP”) as the Commissioner of Police is the overall officer-in-charge of security situation in the State. The right of appeal to the Commissioner of Police of the State is allowed under section 27(7) of the Police Act 1967 and the appeal must be made within 48 hours of such refusal.

If no appeal made within the framed period, the Applicant is deemed to have withdrawn his interest in pursing a licence for the assembly.

In the event the OCPD remains silent, neglects or refuses to issue the licence, this could be deemed that there is an implied permission to hold the assembly although no licence has been issued. This is because this involves legal power and right of assembly and the OCPD should not leave the applicant in suspense. At the same time, under section 27(7) of the Police Act, 1967 the OCPD is required to state his stand on the application made by the Applicant and the refusal must be communicated to the Applicant. The OCPD is therefore, under a duty to make a decision and this is especially important as it involves public right to assembly under Article 10(2) of the Federal Constitution which gives citizens a right to assemble peacefully and without arms.

With this mind, I hope the OCPD will give his answer soon to the Applicant or organizer so that if a refusal be made, an appeal could be made to the State Commissioner of Police.

However, with or without permit, when ordered by the police officers to disperse, the members of the public are expected to disperse. Failure to disperse could make any members of the public who participated or took part in the assembly liable to arrest. At the same time, although the police has wide powers of arrest under security situation, but, they could not also abuse their power and begun to conduct unlawful arrests. Meaning that, the police are not expected to arrest an innocent bystander or an innocent person who happened to be found present in the assembly and who had no knowledge of the unlawful assembly.

If the police officer concerned could not justify the arrest, the person arrested seeking redress in court could claim damages in court for unlawful arrest, assault and detention.

Therefore, in such a situation there are competing powers or interests involving the keeping of public peace security by the police the public legal right to free movement and assembly without arms as provided by the Federal Constitution.

As far as Kuching City is concerned, the police are aware that Kuching people are peace loving people and so far in the history of Kuching we are yet in recent years heard any breaches of the peace in any assembly. With this, it is hoped that the police would grant a permit to the organizers soon.

Kuala Lumpur, Give Back Our Oil!

According to Oil & Gas Journal, Malaysia held a proven oil reserve of 3. 0 billion barrels as at January, 2007 and our oil reserves may only last us for another 20 years or so. Due to high prices of oil in the global market, the government and Petroliam Nasional Berhad (Petronas) are making lots of money.

In its financial year ending March 2007, Petronas achieved a record profit before tax of RM76.3 billion when crude oil in global market increased dramatically from under USD25 per barrel to above USD70 all within four years. Oil had made Petronas the only representative from Malaysia in the magazine Fortune 500. Due to huge profits caused by the increase of oil prices in global market, Petronas in 2007 contributed RM53.7 billion to our national coffers.

Oil revenues are of national secret and it seemed that only the Prime Minister could have access to the accounts the country could make from oil production. Taken into consideration that there are only three states in Malaysia that produces oil, that is, Sabah, Sarawak and Terangganu, it could be said that the east Malaysian states of Sabah and Sarawak could have contributed two-thirds of the country’s oil revenues since the passing of the Petroleum Development Act 1974, but, in return Sabah and Sarawak, each after the passing of the Act, could only get a paltry 5% of the oil money back.

Therefore, in the year 2007 Sabah and Sarawak contributed a whopping RM35.8 billion to the national coffers, but, poor Sabah and Sarawak could only got back for each state RM895 million.

The oil money had in the past years since 1974 helped West Malaysia, at the expense of Sabah and Sarawak, to become a more developed part of Malaysia with better airports, huge and tall skyscrapers, LRTs, fast lane highways and other infrastructures. The federal government could not deny that oil money from Sabah and Sarawak had not only stimulated the economy of West Malaysia, but, investments from the oil money through airports, seaports and other infrastructures had produced huge profits to federal coffers. West Malaysia had made enough from Sabah and Sarawak, and with that in mind, it is time that we should get back our oil.

Oil revenues from Sabah and Sarawak should no more be used to save sick government linked companies (GLCs), but, instead be used as medical funds for Sabahans and Sarawakians suffering from chronic diseases and for pension funds for senior citizens of these two east Malaysian states.

Therefore, I urge all politicians in Sabah and Sarawak, irrespective of either in the Opposition or in the BN to leave their political differences aside and not to lose sight of our own oil rights as oil in these two states belong to all of us Sabahans and Sarawakians. Sarawak People’s Organization (SAPO) under Raymond Szetu Mei Thong in 1978 Parliamentary Election had asked the State government to pursue the Federal Government to give back at least 50% of our oil revenue. Now, there is no reason for any politician or political party in the state to have asked for anything less than 100% of our oil back. This is because once our oil wells dries up, to give 100% back our oil would by that time be useless.

I regret that SNAP in its recent resolution passed by its Central Executive Committee (CEC) had only wanted the oil royalty to be increased to 20% (see The Borneo Post dated 8th June 2008)

The call by PKR of 20% of oil royalty to Sabah and Sarawak is also not acceptable. If Datuk Seri Anwar is sincere, he should call for the surrender back of our oil rights back and stop this legal plundering of our Sabah and Sarawak oil rights.

If all political parties and politicians in Sabah and Sarawak could work together to negotiate and demand our oil rights back, there is no reason why the federal government would not concede to our demand. After all, both states in almost every parliamentary election, contributed to about one third of all seats won by BN. This time around with the weak position of UMNO, both Sabah and Sarawak should work out a plan to step up pressure on the federal government to give back our oil and gas rights.

We must also not forget that we in Sabah and Sarawak had been paying dearer prices of petrol and diesel than those in West Malaysia before the prices were streamlined recently.

Since Malaysia is an oil producing country, the government should instead of comparing prices of petrol and diesel with non oil producing countries like Singapore, should have the political courage to compare the price hike with oil producing countries in the Middle East, in Africa and in South America.

In a recent statement, Opposition leader, Datin Seri Dr.Wan Azizah Wan Ismail disclosed that petrol per liter in Egypt is RM1.03, Kuwait 67 sen, Saudi Arabia 38sen, Nigeria 32 sen and Venenzula 16 sen while petrol in Malaysia now has rocketed to RM2.70 per liter.

I met the Consul of Brunei in early March 2008 and at that time I was told petrol in Brunei was B$ 0. 57 per liter, that is, RM1.38. Now price of petrol in Brunei decreased to B$0.51, that is, RM1. 24. If Brunei could decrease its prices of its oil when oil at world market increased, there is no reason why Malaysia could not do so. Instead, Malaysian government chocked our throats each time oil at world market goes up and told Malaysians that this was global factor in which every country including Malaysia were helpless.

Diesel per litre in early March, 2008 was B$0.37, that is, RM1.38 and now decreased to B$B$0.31, that is, RM0.75.

In Kuching, a tin of Coca-Cola is priced at RM1.80 while a piece of roti canai is RM1.60. This shows that these oil producing countries are enjoying petrol much cheaper than a tin of Coca-Cola or a piece of roti canai at the Indian stall! Their oil is also cheaper than our car parking fees, nasi lemak and mee jawa or kolo-mee!

Now, like all Malaysians, I have to miss many mornings for my favorite roti canai and kolo-mee so as to save for subsidizing petrol to my car.

Are Ibans and Bidayuhs Natives of Sarawak?

June is the month for Gawai Dayak and like all other natives, Ibans and Bidayuhs in Sarawak do celebrate Gawai Dayak and although Ibans and Bidayuhs join other natives to celebrate the Gawai Dayak, are they natives of Sarawak as provided under the Federal Constitution? By asking this question, I meant no offence,insult or disrespect to the Ibans and Bidayuhs in Sarawak. I respect them and their cultures and like any other Malaysians I do care and is concerned about the welfare and the rights of the Ibans and Bidayuhs in this country and also other indigenous races in Sarawak. In fact, it is out of concern that I posed this question.

If we look at clause 6 of Article 161A of the Federal Constitution, it states as follows:

“In this Article “native” means –

(a) in relation to Sarawak, a person who is a citizen and either belongs to one of the races specified in Clause (7) as indigenous to the State or is of mixed blood deriving exclusively from other races; and

(b) …………………….............................................................................................................................................................
(7) The races to be treated for the purposes of the definition of “native” in Clause (6) indigenous to Sarawak are the Bukitans, Bisayahs, Dusuns, Sea Dayaks, Land Dayaks, Kadayans, Kelabits, Kayans, Kenyahs (including Sabups and Sipengs), Kajangs, (including Sekapans, Kejamans, Lahanans, Punans, Tajongs and Kanowits), Lugats, Lisums, Malays, Melanos, Muruts, Penans, Sians, Tagals, Tabuns and Ukits.”


Therefore, under the Federal Constitution, a person is a “native” only, if firstly, he is a citizen of Malaysia and second if he falls under the description of one of the races in clause (7) of Article 161A of the Federal Constitution.

Then how could some ibans and bidayuhs who were born and raised in this soil be a citizen if he or she possesses no identification papers? A person could not be a Malaysian unless he possesses the Malaysian identity card. The issue of identification papers, birth certificates and identity cards had been debated or raised in all, if not, almost all sessions of the sittings of the Dewan Undangan Negeri. We could see expression of frustrations in the faces of many Yang Berhormats in the august House each time they raised this issue because until today there are still many ibans and bidayuhs and other indigenous races who had not in their possession of any identification papers so as to identify themselves as Malaysians. Without identification papers, these people will never be able to open bank accounts or to pursue tertiary education. They may also not be able to register their marriages. Their future will be very bleak and how could we expect them to compete with the outside world?

Now, as could be deduced from clauses (6) and (7) of the said Article 161A of the Federal Constitution, “natives” do not include ibans and bidayuhs although we know for the fact that all natives celebrate the Gawai Dayak Festival. Therefore, although Ibans and Bidayuhs do celebrate Gawai Dayak, they are in my humble understanding of the Federal Constitution been excluded as natives of this soil. This is because the said clauses (6) and (7) of Article 161A of the Federal Constitution do no say ibans and bidayuhs are “natives”.

At the same time, who are the “sea dayaks” and who are the “land dayaks”? Are we going to say that ibans and bidayuhs who lived near the riverbanks and the seas are classified as “sea dayaks” and that those lived in the interior country as “land dayaks”? Or are we going to say ibans as “sea dayaks” and bidayuhs as “land dayaks”? We need to understand that Ibans are Ibans and bidayuhs are bidayuhs. It is like Hokkien people are Hokkien people and Hakka people are Hakka people although both are Chinese people. We should have no more terms like “sea Chinese” and “land Chinese” because if we say “sea Chinese” this could be rude or be wrongly construed as privates of Chinese race while "land Chinese" could be a slang to refer them as barbarians!

In local usage, we know Iban and Bidayuh are also Dayaks and Dayaks is a term used to identify all indigenous people of Borneo and not only a reference to Dayaks in Sabah and Sarawak alone.

Nowadays, we could even find other native races besides ibans and bidayuhs living near to the riverbanks and the seas. So, how to define them? Are they also be called as “sea dayaks”?

The failure of the Federal Constitution to clearly define “natives” or to include Ibans and Bidayuhs as “natives” of Sarawak, shows that despite already achieving 45 years of independence, the identity of the ibans and bidayuhs and many other indigenous races in Sarawak are yet settled and many of them could not even be identified as Malaysians, due to the failure of the relevant authorities to issue identification papers to them. I touched on Ibans and Bidayuhs, because they are the larger native races, but, I am also not neglecting or forgetting other native races, like Lun Bawangs, Berawans, etc., who are also equally not been considered natives of Sarawak, because they are not categorized as such in the Federal Constitution.

In all respect, Article 161A of the Federal Constitution has to be amended to make the term, “natives” to include ibans, bidayuhs and all other natives races and the terms, “land dayak” and “sea dayak” be abolished. At the same time, the term, “Dayak” should also be properly defined.

I am afraid that, the end effect is that if those who are natives but not categorized as natives in the Federal Constitution, the special privileges as provided under Article 153 of the Federal Constitution to these missed out natives, that is, Ibans, Bidayuhs, Lun Bawangs, Berawans, etc.) could legally be refused to be accorded to them.

Article 153 of the Federal Constitution provides for reservations of quotas in respect of services, permits, etc., for Malays and natives of any of the States of Sabah and Sarawak. This Article 153 of the Federal Constitution mentioned two types of people, that is the malays as one type and the other, the natives.

Again while Malays as a race is considered “natives” in Article 161A of the Federal Constitution, then, what is the reason behind the Federal Constitution that gave special mention of the Malays alone and not other native races in the said Article 153 of the Federal Constitution? The malays being natives as classified in Article 161A of the Federal Constitution should be treated the same as other natives and there should not be any difference and all natives irrespective their races should have corresponding rights to each other. Meaning that, the rights enjoyed by other natives should not be lesser than the rights enjoyed by the malays.

This is because both malays and other indigenous races in Malaysia are politically termed as “bumiputeras” and they are all natives for the purpose of special rights or protection accorded to them under Article 153 of the Federal Constitution. Therefore, this could be deemed to create two classes of bumiputera, that is, malay as natives being one special class of its own and the other natives mentioned in the Federal Constitution as the other class of bumiputera.

Since Ibans, Bidayuhs, Berawans, Lun Bawangs, etc., although we all know as natives, but, not classified as natives in Article 161A of the Federal Constitution, could they be said are bumiputera?

Recently, I was told there was a bidayuh whose application for a loan of RM 5 million from a government agency to start a bumiputera entrepreneurship was rejected because he was said not a bumiputera. The father of the said Bidayuh youth who confided the matter to me was very annoyed that such right was not accorded to his son! The matter was then brought to Parliament by a leader of the then Opposition Leader, Lim Kit Siang.

Another effect is that for the purpose of the Malaysian race, I was told that some government forms only refer to Malays, Chinese, Indians and Others.... Why this was so? Who are "Others"? Meaning that, in Malaysia, only three races are recongizable, that is, Malay, Chinese and Indians! If there were such forms, this already showed that there was a smell of discrimnation against other natives and especially natives that are not included in Article 161A of the Federal Constitution and this could go against Article 8(2) of the Federal Constitution. As a Malaysian race, at least the Chinese and Indians are recongizable along the Malays! Where do the natives stand?

May Iban and Bidayuh MPs raise this matter in Parliament to amend the Federal Constitution so as to make clearer the races that fall as “natives”.

I call for public awareness of this matter and invite comments.