THE 20-POINT PACT NO LONGER EXISTS: By: Datuk Harris Mohd Salleh ( Bekas Ketua Menteri Sabah )

Kamurang baca butul2 ni kenyataan Harris Salleh pasal perjanjian 20-perkara.Kenyataan beliau dalam akhbar daily express pada 30 januari 2005,menyatakan perjanjian 20 perkara sudah tidak wujud lagi.Walaupun kenyataan beliau ini suda lama tetapi sebagai anak negeri Sabah,kita harus memandang perkara ini sebagai sangat "serius" kerana perkara 20 adalah syarat2 utama penyertaan Sabah kedalam Malaysia.Mungkin ada diantara kita suda lupa atau tidak berminat tentang perkara 20 kerana suatu ketika perkara ini sangat sensitif dan silap langkah mana2 individu yang cuba membangkitkan perjanjian 20 perkara ini akan disumbat dalam tahanan ISA.

Saya tidak bermaksud untuk mengeruhkan keadaan, cuma ingin membawa pembaca melihat kembali sejarah negeri kita.Seperti sedia maklum hak2 kita sebagai anak negeri Sabah ada dalam 20 perkara.Apakah hak2 kita itu terbela?

Kenyataan mantan ketua menteri era Berjaya sudah cukup membuktikan,hak2 kita sebagai anak negeri Sabah sudah hilang dan tidak sah.Persoalannya kalau perjanjian 20 perkara ini sudah tidak sah bagaimana pula penyertaan Sabah dalam Malaysia?sudah tentu juga tidak sah kerana inilah syarat2 nya penyertaan kita dalam persekutuan Malaysia.

Sangat menyedihkan apabila kita lihat hari ini generasi muda negeri Sabah sudah tidak ambil tahu mengenai perjanjian 20 perkara ini.Mereka tidak tahu betapa pentingnya 20 perkara ini untuk Sabah sebagai negeri dalam Malaysia.Bagi pendapat saya,walau dalam keadaan apa sekalipun kita tidak patut melupakan sejarah ini.

Kita baca sama2 kenyataan Harris Salleh ini.Ini bukan sia buat2.kalau ada yang marah atau tidak bersetuju,tanya sama Harris Salleh mantan Ketua Menteri Sabah.

ULASAN PENUH HARRIS SALLEH MELALUI AKHBAR DAILY EXPRESS,30 Januari 2005

Once again,both Federal and State leaders have raised the issue of safe-guards supposedly contained in the 20-Point memorandum.As usual,however,their comments do not conform to facts and thus distorted the true picture.

They give the impression that the 20 Points constitute a valid Agreement,which was accepted by the Federal Government and is binding.As such it must be preserved because without the 20 Points Sabah Sabahan will not progress and will remain far behind other Malaysian States.

Their comments also give the impression that the Federal Government had wanted to or taken away the safeguards granted in accordance with the 20-Point Pact.

Such a perception is very dangerous and can adversely affect the relationship between the peoples of Sabah and those in Peninsula.

The 20 Points do not constitute an Agreement.It is only a political memorandum containing a list of safegards by Sabah leaders for inculsion in the Malaysia Agreement and the Federal and State Constitutions.

It is worthy to note that even Tan Sri Simon Sipaun,a highly respected person both at the Federal and State levels,recently urged Sabahans to forget the 20-Points memorandum.

Tan Sri Simon is correct in making the call because the 20-Point Pact does not exist anymore.

Those points were considered by both Sabah and Inter-Government Commitee (I.G.C) and then were incorporated into either Federal or State Constitution and in the Malaysia Agreement.The most important safeguard to Sabah then was,and still is, the internal control of immigration.

Despite these facts and because of those comments,there are many Sabahans who still have the perception that the 20-Points are an important Agreement and that some of the safeguards in the 20-Point memorandum had been taken away and,as such,their future well-being is not guaranteed.

It,therefore,is very important at this stage that the true picture and status of the 20-Points be clearly made known to all Malaysian,especially Sabahans.

So far only the issue of the 20-Point political memorandum has always been raised.However,it is equallyimportant to acknowledge the existence of the local safeguards provided by the State Constitution or State Laws.For ease of reference ,these are termed as "local safeguards".

These safeguards affect the daily lifelihood of the people.These local safeguards also need protection because some of them have been seriously violated or taken away.

FORMATION OF MALAYSIA

Out of the blue,the late YTM Tunku Abdul Rahman proposed the Federation of Malaysia comprising eleven States of Malaya,Singapore,Brunei,Sarawak and North Borneo(Sabah) in 1961.The people of the Borneo territories were taken by surprise.

His idea was to offer the opportunity to Singapore,Brunei,Sarawak and North Borneo to gain early independence through joining the proposed Federation.The British who ruled Sabah and Sarawak at the time under pressure from the United Nations to grant independence to their colonies.

At the same time,the three British Borneo territories faced a threat from their neighbours that had territorial ambitions.On the other hand,the Russians favoured British North Borneo,Sarawak and Brunei to join Indonesia.

This could be resolved if the British territories join the proposed Federation.The British,therefore,were very supportive of the Malaysian proposal.Sabah leaders,thus,had two choice -either join Malaysia and have secured future or face uncertainties in face of external threat.The leaders chose Malaysia with the best bargains one could get under the prevailing circumstances at that time.

WHAT ARE THE 20-POINT SAFEGUARDS?

Immediately after the Tunku's announcement,Sabah leaders,who were then all nominated members of the Legislative Counsil,began consultations with the British as well as Malaysian leaders,they formed political parties in Sabah.

The parties were: the United National Kadazan Organisation(UNKO),the United Sabah National Organisation(USNO) that resembled UMNO,the Chinese-based United Party (UP) and Democratic Party (DP)-the two later merged to form the Sabah Chinese Assocation(SCA) resembling MCA-and the Pasok Momogun National Organisation (PASOK MOMOGUN).The parties later formed a coalition called the Sabah Alliance Party.

The parties vigorously debated the formation of Malaysia.When they realised that the formation of Malaysia was a forgone conclusion,they worked out safeguard.These safeguards culminated into the 20-Point memorandum for the State.At same stage,Malayan leaders seem to have been consulted on the 20-Points.

This was reflected in Point No.7,which states that Sabah shall have no right to secede from Malaysia.Surely,no matter what,Sabah leaders would not want to bind Sabah with such a condition.

On August 30,1962,the parties jointly presented the Memorandum to the Inter-Government Commitee (IGC)at its first plenary meeting in Jesselton (Kota Kinabalu)chaired by Lord Lansdowne with Tun Abdul Razak as his deputy.The North Borneo delegation was led Governer Sir William Goode.

The local leaders in the delegation included Tun Datu Haji Mustapha bin Datu Harun,Tun Haji Mohd Fuad Stephens,Datuk Khoo Siak Chiew and Datuk G.S Sundang.After thorough discussions,the safeguards were incorporated with some modifications in the I.G.C report.The modification included that the State shall have control over education and health services for 10 years before they revert to the Federal Government.Eventually,the recommendations by the I.G.C were included in the Malaysia Act,the Federal Constitution and the State Constitution.

The education and health services were handed over to the Federal authorities within seven years because the finincal burden to maintain the services was heavy for the State to bear.

IMPORTANT DOCUMENTS

The only important document that are relevant to the formation of Malaysia are the I.G.C Report,the Malaysia Agreement,the Federal Constitution and the State Constitution.The Malaysia Agreement was signed in London by representatives from the United Kingdom,Malaya,Singapore,Sarawak and North Borneo.Brunei had opted to stay out and,therefore,was not included.

The so-called 20-Point memorandum is not an agreement but a political memorandum.There has been no mention of the "20-Points" in the I.G.C Report,the Malaysia Agreement,the Federal Constitution or the State Constitution.

The requsted safeguards,with some modifications agreed by all parties,were incorprated in the Federal and State charters.Thus,legally the 20-Point Accord does not exists.The 20-Point memorandum has served its purpose for it presented the safeguards demanded by the people of the State.
THE LOCAL SAFEGUARDS

The normal and universal safeguards which remain enshrined in the Federal and State constitutions do not effect the daily livehood of the people of Sabah.However,the local safeguards provided in the State Laws do effect their livehood.

This is particulary true with the Forest and Land Laws.Unfortunately,both these Laws have already been amended by a State Government,thereby removing these safeguards.

In 1992,the same State Government had also abolished and taken away Yayasan Sabah shares which at an earlier time had given to every adult Sabahan by the Sabah Alliance Government.In view of such instances,it is imperative that the issue of the protection of local safeguards must always be given the utmost priority.

Take for example the Forest Laws.On March 8 1984 the Berjaya Government Chief Minister surrendered his power to derserve Forest Reserves to the Legislative Assembly.

This means that the Chief Minister could no longer exercise his power to de-reserve Forest Reserves as he liked.Any de-reservation of Forest Reserves must be debated and approved by the Legislative Assembly.This was an important step taken to safeguards Sabah's forest.However,the succeeding PBS Government then saw it fit to transfer back the power to the Chief Minister in 1986.What a pity!

The Berjaya Government in 1979 had allocated 317,500 acres of land undr a pre-planned land lot scheme for smallholders.Each landless farmer was given a 15-acre lot of planned and surveyed land with access roads already built.A booklet containing details of the various areas totalling 317,500 acres including their locations was published and distributed to Sabahan.

Although,the Berjaya Government had already issued Letters of Offer,again,the PBS Government revoked the Berjaya Government's approvals to 18,700 smallholders.As a result,the only area left is the Bagahak near Lahad Datu totalling 36,500 acres.Just few month ago,it was a pleasnt surprise to see the Chief Minister receving a few million ringgits from Risda on behalf of 2,400 Bagahak settlers for distribution.Risda developed the land on behalf the settlers and currently manages it.The balance totalling 281,000 acres was given to Kuala Lumpur based companies.

The others serious violation of land rights under the PBS Government was the revocation of the provision that land held under Native Titles cannot be subleased,The PBS Government amended the Land Law to provide that NT land can be sub-leased for 99 years.As a result of the removal of this safeguards,strategic Native lands are now sub-leased to Non-Native.About 80 per cent of the NT lands around Kundasang Town in Ranau have been sub-leased for 99 years.This also resulted in the mushrooming of kampung shops owned by non-Bumiputeras.

Shophouses bought by Bumiputeras from Sedco in Kundasang Town costing over RM100,000 each have depreciated in value because of these kampung shops selling a large variety of goods.

The PBS Government also took away and cancelled the Yayasan Sabah shares alloted to over 500,000 Sabahans.It must be appreciated and acknowledge that Yayasan Sabah was set up in 1966 by the late Tun Datu Haji Mustapha Datu Harun,with a noble intention of sharing timber wealth with the people of Sabah and promote education and better health care among all the communities,in particular in the rural areas which lacked the facilities.

He had allocated 3,300 square miles or 2,112,000 acres of timberland to the Yayasan for the purpose.The Berjaya Government increased it to 4,000 square miles or 2,560,000 acres.During the days of USNO and Berjaya Governments,every shareholders of the Yayasan on the average received about RM100 yearly.

This right and privilege had been taken away.RM100 would still be a great help to the rural people,especially these days when money is essential for education,health and others basic needs.The market value of Yayasan Sabah areas alone is more than RM10 billion today.

WHO CAN PROTECT SAFEGUARDS AND STATE RIGHTS?

The only persons who can defend the Constitution and local safeguards are the leaders in office.Sabah has now 25 Members of Parliament,several cabinet minister and deputy minister in the Federal Government in addition to 60 State Assemblymen,States Minister and their assitants.

Any erosion of right or abolition by the Federal Government must necessarily be discussed in the State and Federal Cabinet and Members of the State Legislative Assembly and Parliament have the opportunity to oppose any change to ensure that the special protection granted to Sabah at the time of independence is not removed.

Some ridiculous claims have been made about the 20-Points.Rural communities allege that the lack of development and widespread poverty in Sabah is due to the revocation or disbourning of the 20-Points by the Federal Government.Some participants of the local media forums suggest that present day leaders could do a better job of protecting the State rights because they are better educated and more sophisticated.The claim is not only irrational but also lacking in sense.

It is acknowledge that the Federal Government has been very fair and accommodating for the past 41 years since Malaysia Day.Malaysia leaders,too,thus far have been fair and reasonable.There is not a single shred of evidence to prove that the Federal Government has forced either the State Government or the people of Sabah to agree or accept any proposal that is detrimental to the people of Sabah.

Nevertheless,there are many shortcomings in the implementation of Federal policies and programmes.The case in point is the Sabahnisation of Federal Departments in the State.

Successive State Government have been fighting to persuade the Federal Government to appoint more Sabahan to key Federal posts,particularly as heads of Federal Departments.They requests have been ignored.For instance,out of the 104 Federal Depertments and Agencies in Sabah,only 7 are headed by Sabahan.

This issue needs continuous monitoring and review to ensure that more Sabahans hold important Federal posts in Sabah.

CONCLUSION

There is not a single well-documented article that really gives objective and accurate point by point analysis of the 20 Points.It is important to tell the truth about the 20 Points that none of them are taken away by the Federal Government.Where appropriate,the 20 Points had been incorporated into the Federal and State Constitutions.Some of them have simply lapsed or have become irrelevant.Others are mere statements of intent.

The 20-Point are not the real issue.The real issue is what are the safeguards that are left and firmly entrenched in the Federal and State Constitutions?The only real safguard still intact is the internal control of immigration.

While acknowledging that the safeguards provided by the Federal Constitution can be taken for granted and that they will not be taken away by the Federal Government,even though it has the power to do so through Parliament,the local safeguards are more important and relevant to Sabahan for only they can ensure economic progress or otherwise for Sabahans.

The taking away of Yayasan Sabah shares by the PBS Government means that each Sabahan is now poorer by at least RM20,000 because tat is the current worth of Yayasan Sabah shares.

However,even the Federal Constitution cannot protect any safeguards when it comes to the national versus State interests.The Parliament and laws enacted by it are supreme.It has the powers to amend even the State Constitution.Moreover,Sabah has only 25 Members of Parliament and therefore,cannot stop any amendments.

Therefore,just as international relationship between two nations depends on their respective leaders,the relationship between the Federal and State Governments must necessarily depend on their two leaders.

As such,it is of paramount importance that Sabah leaders must have good understanding of and good relationship with the Federal leadres to resolve any State and Federal issue amicably.

As the issue of 20-Point memorandum has been raised from time to time and the majority of Sabahan blame the "taking away of 20-Points" for the stagnant economy and widespread poverty in the State,in addition to saying that Sabah has become the poorest State in Malaysia all because the Federal Government took away the "safeguards" contained in the 20-Point memorandum,it needs a permanent solution.

The 20-Point issue could be resolved once and for all if both Federal and State Governments set up a joint commitee to look into the claims whether any of the safeguards contained in the 20-Point memorandum and special protection granted under the State and Federal Constitution have eroded or taken away by the Federal Government.

Based on findings of the commitee,a joint White Paper can be produced for the information of general public.

As can be seen,there are two types of safeguards-the constitutional safeguards and the local safeguards.

The former is more secured in the sense that they can only be amended or changed by Parliament or State Assembly with a two-third majority vote.

The latter can be altered or abolished by the State Assembly by a simple vote or by any Chief Minister.The local safeguards affect the daily livelihood of the people.They,therefore,are more important as they would also chart the future.The past is past.The future is forever.

It is up to the people to ensure progress for a better future with the rest of the people of the world.Therefore,it is time now to separate emotions and reality.And so long as the people take actions based on emotions and fals fact of life,their judgement will also be false.