JOINT PRESS STATEMENT BY SABAH AND SARAWAK NGOs & OTHERS OPPOSING THE MUFTI BILL

11 October 2024

The undersigned NGOs and other signatories jointly express their utmost alarm and concern over the continuing federal breaches of MA63 (if valid) and the destruction of MA63 secularism concept.

“We in Sabah and Sarawak strongly oppose the proposed Mufti Bill that seeks to expand the powers of the Mufti in the Federal Territories.

We firmly reject any move to be ruled by Muftis, as this would effectively sideline the constitutional monarchy, the Madani government, and the secular parliamentary democracy that Malaysia is built upon. Such a change would transform Malaysia into an Islamic state overnight.”

The ongoing violations of the Malaysia Agreement 1963 (MA63) have reached a critical point, with recent developments such as the recent halal certification issue, the divisive #RUU355 Bill, appointment of halal inspectors and the impending passage of the Mufti Bill 2024.

These measures represent yet more serious breaches of MA63 and have sparked widespread concern among citizens, especially in Sabah and Sarawak.

It is also opposed by Muslim people who are concern that “the Mufti Bill marks a more explicit sectarian turn in the bureaucratisation of Islam since the 2000s, aiming to institutionalise Sunni Ash’arism as the state-sanctioned version of Islam”. The politicisation of ideologies “will foster intolerance and radicalism by promoting dehumanising values and undermining democracy”. (quotes from Competing Sectarianism in Malaysia By Aizat Shamsuddin October 08, 2024) The Diplomat https://thediplomat.com/2024/10/competing-sectarianisms-in-malaysia/ )

These actions constitute direct attacks on the secular system, which was a fundamental guarantee to Sabah and Sarawak when Malaysia and also the Malayan Federation were set up. The cumulative effect of these breaches highlights a pattern of erosion of the constitutional safeguards that were intended to protect the pluralistic and secular nature of the federation.

Historical Context and Guarantees for a Secular System in Malaysia’s Formation

When Malaysia was set up in 1963 under the Malaysia Agreement 1963 (MA63), Sabah and Sarawak were promised autonomy and guarantees including protection of their secular and pluralist systems as inducement to give up their demands for real independence. Unlike Malaya, where Islam was the official religion, Sabah and Sarawak were guaranteed the right to maintain their secular identities. It was an agreed term that there would have “no state religion” for the 2 states. This was a key factor in their decision to join Malaya and Singapore to set up the federation. However, over the past 61 years, these promises have been systematically violated.

This term was broken when the Sabah Constitution was amended to make Islam the state religion and the Sarawak Constitution amended to make the Agong the Head of Islam in Sarawak, a change that was never intended when Malaysia was created. These amendments which could only have proceeded with the blessings of the federal government, effectively introduced Islam as an official religion in the states, contrary to the original terms of MA63.

In the 1970s the federal government in breach of UN human rights and international laws and the federal constitution, had initiated population re-engineering of Sabah by flooding it with southern Philippines refugees transforming it into a Muslim majority in Sabah. These changes were not only unconstitutional but also deeply troubling for the pluralistic and secular foundations upon which Malaysia was meant to stand.

The Mufti Bill and Its Far-Reaching Implications

The Mufti Bill, which is set to be passed on 16 or 17 October 2024, is yet another alarming development that further erodes the damaged secular structure of Malaysia. This bill would grant sweeping powers to the Mufti, enabling the issuance of religious decrees that could have significant impacts on both Muslims and non-Muslims alike. These decrees could bypass the authority of Parliament and the courts, effectively placing religious law above civil law. The Mufti could even appoint advisors from outside the federation, allowing external religious influence to shape domestic laws. Muftis have no jurisdiction in Parliament as they are not elected representatives of the people. Elevating their influence would ultimately lead to a situation where "the entire Federation could be ruled by Muftis."

The broad powers of the Mufti under this bill pose a direct threat to the secular system. NonMuslims could be forced to comply with Islamic decrees, further deepening the Islamization and destabilising foundations of the federation. The bill exemplifies how the federal government, particularly under the current Madani administration, has accelerated the process of dismantling the secular foundations of the nation. This trend, which began decades ago, has now reached a critical point where secularism is at risk of being completely replaced by a race-religion apartheid system.

The Violation of the Basic Structure Doctrine and International Law

The secular pluralist system promised under MA63 has been replaced by a race-religion apartheid system embodied by the New Economic Policy (NEP) and the ideology of Ketuanan Melayu. This was never a negotiated item of the Malaysia Agreement.

These developments violate the Basic Structure Doctrine of the Malaysian Constitution, which protects the fundamental pillars of the federation, including secularism and federalism. The imposition of race and religion-based policies not only undermines the Constitution but also breaches international law.

MA63 is an international treaty, and the ongoing violations of its terms—particularly the dismantling of the secular system—render it null and void. The treaty’s core promises, including the preservation of secularism in Sabah and Sarawak, have been systematically violated, giving these states the right to reconsider their position within the federation.

Conclusion: The Right to Self-Determination

We affirm our support for the right of all citizens to freedom of religion and belief, as guaranteed under the terms of MA63. The recent halal certification issue, the divisive #RUU355 Bill, appointment of halal inspectors in government departments and the imminent passage of the Mufti Bill represent only the latest in a long series of breaches of MA63. These actions have fundamentally undermined the secular, pluralist system upon which Malaysia was built.

The violations of the treaty, alongside the imposition of a race-religion apartheid system, have effectively terminated the validity of MA63. The federal government has failed to uphold its obligations, and the systematic erosion of the secular foundation of the nation has breached both the spirit and the letter of the agreement.

Sabah and Sarawak now have unchallengeable legal and moral grounds to assert their right to self-determination. The destruction of the secular system, which was meant to protect the unique status of these regions, has violated their rights under the federation. The allocation of 34.6% of seats in the Dewan Rakyat, a principle rooted in constitutional and historical obligations, was meant to safeguard the interests of Sabah and Sarawak. Yet even this has been undermined, leaving the regions vulnerable to domination by the more populous Malaya.

Given these multiple breaches, it is time for the people and governments of Sabah and Sarawak to reassess the future of Sabah and Sarawak within Malaysia. The erosion of the secular system and the imposition of race-religion policies have fundamentally altered the nature of the federation, and it is now clear that MA63 has been rendered null and void by Malaya’s actions.

We, the undersigned NGOs and other signatories, hereby declare that the Malaysian government’s blatant breaches of the founding principles of the Malaysia Agreement 1963 (MA63, if valid) constitutes its unilateral termination. Consequently, we are no longer bound by the terms of MA63. We demand that the Sabah and Sarawak governments immediately defend our rights and pursue our rightful exit from this failed federation without delay.

End of statement

Endorsed by:

1. Daniel John Jambun – President Borneo's Plight in Malaysia Foundation (BoPiMaFo)

2. Robert Pei - President, Sabah Sarawak Rights Australia New Zealand, (SSRANZ)

3. Peter John Jaban - Founder SAS Saya Anak Sarawak (SAS)

4. Mosses Paul Anap Ampang - President Republic Sabah North Borneo (RSNB)

5. Voon Lee Shan - President, Parti Bumi Kenyalang (PBK)

6. Themothy Jagak Dayak Cultural Ambassador for Gabungan Orang Asal Sabah/ Sarawak (GOASS)

7. Ahmad bin Awang Ali- Pusat Latihan Orang Asal Sarawak

8. Alim GA Mideh - Bulang Birieh Dayak Civil Movement

9. Kanul Gindol Chairman Gindol Initiative for Civil Society Borneo

10. Jovilis Majami President Persatuan pembangunan sosial komunity Sabah (BANGUN)

11. Cleftus Stephen Mojingol President Pertubuhan kebajikan Rumpun Dayak Sabah (PKRDS)

12. Peter John Jaban Publicity and information Chief Sarawak Association for People's Aspirations (SAPA)

13. Michael Jok Secretary General Society for Rights of Indigenous People of Sarawak (SCRIPS)

14. Paul Rajah Legal Adviser Society for Rights of Indigenous People of Sarawak (SCRIPS)

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