Federal-State Relations in Malaysia post-GE14

The current Prime Minister, Dr Mahathir, is clearly a centrist. In his previous 22 years as PM he had shown a clear preference for a very strong central government. 

What about his colleagues and new political allies?

The Pakatan Harapan coalition has had the recent 10 years of experience in Federal-State relations as the state government of Selangor and Penang. Will this experience temper their position when dealing with states now that PH is the central government?

Leaving aside the Semenanjung states for now, we turn our gaze to Sabah. The new Warisan Party and its new allies have formed the state government in Sabah. Warisan is an ally of the PH coalition. But, it is a Sabah-based party. That is a good thing because it provides a clear demarcation which works better in the fragile, fluid minds of politicians whose meandering dealings often resemble the Brownian movement of smoke particles.

The former Barisan Nasional coalitions member parties in Sarawak have wisely jettisoned their links with BN and UMNO in order to recoalesce as Gabungan Parti Sarawak. That is a good thing. 

Sarawak has the added complication, however, of a non-PH coalition state government with the strong presence of PKR and DAP in the Opposition benches of the Sarawak State Assembly.

To make things even more interesting, both PKR and DAP are part of Semenanjung-led political parties.

The real test of Federal-State relations will obviously be in the arena of the oil and gas sector where Sarawak has taken the lead in asserting its claim for a reversion of its rights of ownership over that natural resource.

Within the Sarawak State Assembly, will partisan party politics come into play or, will Federal-State loyalties come into play?

The Sarawak voters will be watching.

Who will champion Sarawak's state rights of ownership over oil and gas?

With Dr Mahathir as Prime Minister, the position of the new GPS coalition and, the position of the Sarawak members of PKR and DAP on this matter will be sorely tested for sure.

Federalism in Malaysia

Tomorrow, we celebrate the 47th Anniversary of the formation of Malaysia. All Malaysians know that Malaysia is a federation of 13 states and the Federal territories. But, what is a "federation"? What does it mean?

Daniel Elazar has described it as follows-

“The contractual sharing of public responsibilities by all governments in the system appears to be a central characteristic of federalism. Sharing, broadly conceived, includes common involvement in policymaking, financing, and administration of government activities. 

In contemporary federal systems, it is characterized by extensive intergovernmental collaboration. Sharing can be based on highly formal arrangements or informal agreements. 

In federal systems, it is usually contractual in nature. The contract – politically a limited expression of the compact principle – is used in formal arrangements as a legal device to enable governments responsible to separate polities to engage in joint action while remaining independent entities. 

Even where government agencies cooperate without formally contracting to do so, the spirit of federalism that pervades an ongoing federal system tends to infuse the participating parties with a sense of contractual obligation."

This view permeates the Cobbold Report (1962) and the Inter-Governmental Committee Report (1962) which formed the basis for the formalisation of the Federation of Malaysia in the Malaysia Agreement 1963, the Malaysia Act 1963 and the 1963 amendments to our Federal Constitution.

Going back to Elazar's description, we are reminded, from time to time, by various communities and groups in both Sarawak and Sabah that the central government has short-delivered its end of the contractual bargain.

Is this sentiment a fair appraisal of the federal experience of Sarawak and Sabah?

This question is a most difficult one.

In the past decades, there has been substantial vocalisation on federalism by the likes of the late Datuk Amar James Wong of Sarawak (one of the founders of the now defunct Sarawak National Party or SNAP) and  Datuk Jeffrey Kitingan of Sabah.

Fairness in allocation of economic resources

Many of my Sarawak and Sabah friends privately express cynicism about the fairness in allocation of economic resources by the central government to their states.

This sentiment is precisely the matter that dogs the federal centre. This sentiment is also a source of frustration for the federal centre.

There is a perception, rightly or wrongly, on the part of many Sarawakians and Sabahans that their state governments have been under, what Gordon P. Means called, "federal tutelage" from the inception of Malaysia.

Is this a true and fair view? The jury is still out.

What cannot be denied is that such a perception colours the sentiment of Sarawakians and Sabahans.

This is especially true when the topic of petroleum resources comes about.

The perception is that the petroleum largesse is transferred to the federal centre and trickles back to the states of Sarawak and Sabah in the form of capitation grants and road grants.

Is this a true and fair view? The jury is still out. But, the perception is strong.

Race and community relations

All my Sarawakian and Sabahan friends are aghast at how separate the communities are in Peninsular Malaysia. They are fearful that such a way of life will infect the happy inter-ethnic and inter-communal ambience that still exists in Sarawak and Sabah (though signs of invisible walls being built are growing).

This is not the federal influence they want.

The challenge for the federal centre

Apart from the acculturation issue (which all Sarawakians and Sabahans should rightly reject), the core issue must surely be whether Sarawak and Sabah can lay claim to a fair share of the economic resources generated from within their states.

I recall being told by a Sabahan friend some time ago that when they watch the tv and see the images of sparkling skyscrapers of glass and steel and well-lit multi-tiered highways in KL, they cannot feel any sense of excitement or share the pride that such images were intended to inspire. Such images actually engender an opposite emotion.

So, beyond the temporal politics of today, the federal centre must renew and redouble its efforts to win the hearts and minds of the people of Sarawak and Sabah that their forebears did the right thing when they signed on to the Malaysian adventure; not a nightmare.

The importance of consultation

I have written extensively (in an academic context) about the importance of consultation as a feature of federalism. Consultation is, in fact, the MAIN feature of federalism.

Our Federal Constitution has many references to the need for consultation. Some of it are formal on issues such as-

• Appointment of judges
• Land
• Local Government

Others are informal but, still, constitutionally necessary. These include the issue of natural resources such as water and minerals.

The importance of federalism for Malaysia's democracy

Malaysians have a narrow view of the democratic process as something that we eat kuaci and sip teh tarik over when any political elections loom.

We also should be aware and be constantly reminded that each of the thirteen states, particularly the states of Sarawak and Sabah, are sovereign in their own right and, they chose to form the Federation of Malaysia. In any way that we may wish to look at it, the undeniable fact is that we have a set of contractual relationships between the federal centre and its 13 partners.

This is as it should be.

For the states of Sarawak and Sabah, they signed onto the federation with stronger conditions than the other 11 states. It gives Sarawak and Sabah greater say over many aspects of the affairs of their states.

But all 13 states have residual sovereign rights. These sovereign rights may be limited by the Federal Constitution; but they still exist.

This is what Malaysia is. 

Malaysia, My Home

Only last night did I become aware of the 38-year old Malaysian film producer and director Wong Kew-Lit. It was through stumbling across the re-showing of the second episode of Wong's current effot, a 13-episode series called Malaysia, My Home: The Story of Sabah and Sarawak (YouTube ad only) shown in Astro's AEC Channel.

If you care to check out the Malaysia, My Home Facebook, you will find a robust chatter and following which points to the fact that good local documentaries may have a ready market.

This particular series is a socio-anthropological perspective of the experiences of the Chinese Malaysian community in Sabah and Sarawak. It promises to be a nostalgic journey for Sarawakians and Sabahans and, an informative one for the rest.

I have just discovered that the programme guide for further episodes in the series are available at Astro TV Guide. Anyway, episode three at 9 p.m. 13th December 2009 on AEC Channel 301 will apparently focus on the fishing community at Sungai Apong and Bintawa in Kuching which primarily involves the Heng Hua community.

pix from here.

Wong is an award-winning documentarist and, his body of work includes:

Year	Title	Chinese Title
1999	Momentum
2000/01	Momentum II
2001	Jejak Warisan	《文明的足迹》
2002/04	Homecoming I & II	《己子当归》
2004	3 in a Company	《听君一席话》
2005	Malaysia My Home	《家在马来西亚I》
	The Pig Commandments	《豕戒》
2006	Malaysia My Home 2	《家在马来西亚II》
2006/07	Rhythm of Vibration	《双城变奏》
	Sea Providence	《热浪岛》
2007	My Roots	《扎根》
	Malaysian Movers	《风云人物》
2008	My Malaysia	《活在我乡》
	Dynamic Malaysia	《前进吧•马来西亚》
	Living in Malaysia	《身在马来西亚》
2009	Earnest Cultivation Yields Fruitful Harvests	《生耕致富》
	My New Village Stories	《我来自新村》
	Malaysia My Home • Story of Sabah & Sarawak	《家在马来西亚》沙巴与砂拉越华人故事

I was also impressed with his interview with Berita Harian about the process of producing a documentary which I am reproducing in full here courtesy of filemkita.com:

Penerbitan dokumentari negara ada potensi

Temubual oleh: Suzan Ahmad
Sedar atau tidak, program televisyen berbentuk dokumentari semakin mendapat tempat di hati penonton tanah air. Ini menjadikan penerbit program tempatan lebih berani menerbitkan program berbentuk demikian. Rancangan terbitan TV3 berjudul Jurnal Alam misalnya antara jenama tempatan yang boleh dibanggakan. Berikutan saingan program dokumentari terkemuka antarabangsa mendorong anak tempatan, Wong Kew Lit, mengambil inisiatif menerbitkan sebuah dokumentari berjudul Momentum. Ditayangkan di saluran Astro Ria, Momentum mengupas segala cubaan, dugaan, halangan serta kejayaan di samping penjelajahan saintifik dan kajian oleh saintis serta pakar tempatan mencakupi pelbagai bidang di tanah air. Wong graduan Universiti Malaya (UM) dalam bidang perfileman memperjelaskan aplikasi teknik-teknik produksi dalam pembikinan Momentum di samping memberikan pandangannya terhadap jurang yang wujud di antara rancangan dokumentari terbitan tempatan dengan produk yang mendapat pengiktirafan antarabangsa seperti National Geographic dan Discovery Channel. Wartawan Bi-Pop, Suzan Ahmad menemu bual beliau untuk mendekati bakat muda ini.

Ceritakan secara ringkas pembabitan awal anda dalam penerbitan program bercorak dokumentari?

Wong Kew Lit: Saya mula membabitkan diri dalam pembikinan dokumentari pada 1999. Tetapi saya bermula dengan drama bersiri Cina, untuk beberapa tahun. Kemudian barulah beralih kepada program yang lebih serius berjudul Momentum pada 1999 untuk Astro. Musim pertama Momentum 1 sebanyak 26 episod mengambil masa setahun untuk disiapkan berjalan lancar di mana ia memfokus kepada pencapaian terkini sains dan teknologi di Malaysia. Antara topik yang dipaparkan termasuklah pembikinan KLIA, Formula One, Penjanaan Kuasa dan Pembedahan Pemindahan Jantung. Pada tahun 2000, Astro berminat untuk menyambung musim kedua Momentum. Memandangkan hampir semua bidang dari segi pencapaian tertinggi sains dan teknologi sudah diliputi, fokus kami beralih kepada manusia, iaitu saintis di Malaysia.

Berapa lamakah proses menerbitkan sesebuah dokumentari? Ceritakan secara ringkas perjalanan proses penerbitan dokumentari.

Wong Kew Lit: Ia bergantung pada topik yang difokuskan. Bermula dengan menghubungi ratusan saintis di Malaysia, menemu bual dan mendengar cerita mereka. Tugas saya ialah mengkaji cerita mereka; adakah ia kajian yang menarik; kemampuan kami melakukannya; boleh dirakam atau tidak; masa yang sesuai atau tidak; adakah memerlukan bayaran; adakah saintis ini mampu bercakap; aktif dan serasi dengan kamera. Daripada ratusan calon, hanya 30 saintis yang terpilih. Kemudian kami pilih yang terbaik dari pelbagai bidang seperti perubatan, hidupan liar, alam sekitar dan banyak lagi. Kami cuba mengehadkan masa penggambaran iaitu purata tidak melebihi tiga hingga empat hari untuk satu episod. Ada episod yang lama dan ada yang cepat, bergantung kepada topik. Tetapi kebanyakan saintis memberikan kerjasama yang baik. Momentum 2 misalnya memulakan penggambaran September 2001 dan berjaya disiapkan sepenuhnya Oktober 2001.

Apa yang mendorong anda untuk terus bergiat aktif dalam penerbitan dokumentari?

Wong Kew Lit: Malaysia sebenarnya kaya dengan saintis berbakat. Sayangnya golongan ini kurang mendapat pendedahan daripada pihak media. Tidak seperti National Geographic yang melakukan tugas cemerlang. Jadi apa nasib penerbit tempatan kita? Lihat saja Majalah Tiga, ia bukan dokumentari malah lebih kepada program majalah. Oleh itu, dengan gabungan kepakaran sekumpulan saintis yang bekerja bersama kami meletakkan satu standard untuk menghasilkan produk yang mampu diketengahkan seperti pendekatan dan standard ala National Geographic dan Discovery Channel. Negara kita semakin membangun, lebih saintifik, menjadikan sains sebagai salah satu elemen terpenting dalam proses itu. Untuk itu saintis wajar ditonjolkan.

Apa bezanya antara menerbitkan program berbentuk filem atau drama dengan dokumentari?

Wong Kew Lit: Dokumentari berkisar mengenai perkara yang benar, tidak boleh berlakon dan tidak boleh ditokok tambah. Jika kita mengkaji sejarah, dokumentari datang dahulu sebelum filem. Drama atau filem pula didasarkan pada kejadian sebenar dalam hidup dan bagaimana kita meletakkan rakaman itu dalam bentuk yang cerita yang sangat menarik untuk dipersembahkan dalam masa 30 minit. Drama adalah berbeza, ia umpama lakonan semula, walaupun ia berlaku dalam kehidupan kita tetapi tidak menggunakan watak asal seperti kejadian sebenar. Jika kita sentuh mengenai produksi pula, drama boleh dilakon dan dilatih semula sekiranya tidak menepati kemahuan pengarah. Sebaliknya, dokumentari tidak mempunyai peluang itu. Sekiranya kita terlepas maka rugilah. Dokumentari memerlukan kesabaran serta sikap kepekaan yang tinggi.

Teknik fotografi bagaimanakah yang digunakan untuk penggambaran dokumentari seumpama ini?

Wong Kew Lit: Kami menggunakan dua kamera sebenarnya. Saya mengendalikan satu kamera dan seorang lagi jurugambar. Bila bercakap mengenai teknik, sebenarnya seluruh dunia menggunakan teknik yang sama. Perbezaannya hanyalah bagaimana majunya teknologi kamera itu. Tidak seperti drama yang boleh dilatih, teknik yang digunakan lebih kepada kamera handheld. Dua kamera berjalan sekali gus. Kami juga menggunakan kamera khas dalam air untuk episod yang membabitkan penyu belimbing, dan juga kamera waktu malam untuk tidak mengganggu penyu yang sedang bertelur. Tetapi teknik bukanlah segala-galanya, paling penting ialah perancangan dan reaksi anda serta respon dan kepekaan. Masalahnya bagaimana kita merebut peluang yang ada, kesabaran dan sebagainya. Dalam dokumentari, apa yang paling penting ialah pemilihan topik yang difokuskan dan pendekatan apa akan digunakan.

Apakah antara halangan yang menyebabkan teknologi dokumentari tempatan masih belum mencapai tahap seperti karya Barat?

Wong Kew Lit: Wang menjadi antara halangan utama. Kewangan menyebabkan kita tidak mampu memperoleh pakar sendiri kerana tiada peruntukan bagi melatih dan membayar khidmat mereka. Mungkin ada, tetapi kebanyakan mereka bekerja untuk penerbitan asing di luar negara. Di samping itu, ia juga mengehadkan masa untuk penggambaran. Kalau kita ada banyak wang, kita boleh beli waktu yang lebih untuk menghabiskan satu episod. Tetapi dengan wang terhad, saya perlu melakukan perkara yang sama tetapi dengan episod yang lebih. Hakikatnya stesen TV hanya mahukan yang terbaik dengan bayaran yang kecil. Kalau stesen TV mahu menggalakkan penerbit tempatan menghasilkan produk terbaik, mereka patut bertanggungjawab memberi bayaran setimpal.

Adakah anda fikir karya dokumentari tempatan kalau dibawa ke festival filem di luar negara akan mendapat perhatian mereka?

Wong Kew Lit: Saya rasa kita punya potensi dan sedang menghala ke arah itu. Tidak mustahil suatu hari nanti kita akan di kenali di seluruh dunia kerana produk itu. Lebih-lebih lagi dengan sokongan daripada stesen TV tempatan. Malangnya situasi yang kami hadapi sekarang ialah keterbatasan yang wujud kerana stesen TV yang tidak mampu membeli program yang menelan belanja tinggi. Stesen TV hanya mempunyai peruntukan yang kecil untuk membeli program kami yang mahal.

Harapan anda dalam penghasilan karya dokumentari tempatan. Ke mana hala tujunya?

Wong Kew Lit: Saya harap semua stesen TV di Malaysia lebih menyokong produk tempatan. Beri kami lebih ruang untuk menjelajah dan membangunkan diri. Saya juga berharap lebih ramai lagi penerbit serta pengarah dokumentari muda tampil ke hadapan agar kita dapat bertukar-tukar pendapat dan berkongsi idea. Dalam satu industri perpaduan serta kerjasama yang erat perlu kerana suatu hari nanti, dokumentari bakal menjadi salah satu daripada produk terpenting negara. Negara kita terlalu kaya dengan khazanah yang masih belum diterokai. Jangan biarkan orang asing dengan sewenang-wenangnya meneroka khazanah tinggalan yang ada. Kita sebagai anak tempatan patut melakukan sendiri. Kita yang lebih tahu kerana ini bumi tanah tumpah darah kita. Kita lebih memahami budaya dan cara hidup kita. Di samping itu, saya juga berharap dapat menerbitkan sebuah program berkaitan kebudayaan Malaysia selain sains dan teknologi.

Sumber: Berita Harian Online (6 Januari 2002).

Raymond Tan to join Gerakan?

The Edge Daily carried an interesting newsflash that according to the Sabah-based newspaper Daily Express, the multi-racial but predominantly Chinese Gerakan is expected to get two state seats in Sabah.

Quoting unnamed sources, the newspaper said that partyless deputy chief minister Datuk Raymond Tan Shu Kiat and Elopura assemblyman Au Kam Wah is expected to announce their joining of Gerakan during a Barisan Nasional (BN) leaders' dinner with Prime Minister Datuk Seri Najib Razak in Kota Kinabalu tonight.

The paper said that Gerakan president Tan Sri Dr Koh Tsu Koon, who is a minister in the prime minister’s department, is expected to be present.

The prime minister and BN president is on a two-day visit to Sabah, starting today.

Tan, who is also Infrastructure Development Minister and Tanjung Papat assemblyman, may be appointed State Gerakan vice chairman if all goes well, said the Daily Express.

Several quarters, including the MCA and LDP, had called on Tan to quit his posts as Deputy Chief Minister and Minister of Infrastructure Development after he resigned from Sabah Progressive Party (SAPP) after it pulled out of BN on Sept 17 last year.

I guess this move makes sense.

MCA and LDP had put negative pressure on Raymond Tan. Gerakan is unsullied as far as that goes. So Gerakan untung!

MCA faulted by Sabahans for cabotage policy woes

Malaysiakini has an interesting piece by Joe Fernandez entitled MCA faulted for cabotage policy woes where traders in Sabah are placing the blame for the cabotage policy on the Malaysian Chinese Association (MCA) presumably because the MCA has held the Transport Ministry portfolio for as long as one can remember.

Under the existing cabotage policy foreign shippers are not allowed to visit ports in Sabah and Sarawak directly with their goods. They have to offload at Port Klang, the designated national load centre. About 3,400 Malaysian-owned ships are engaged in the domestic trade many of which ply the Semenanjung to Sabah and Sarawak route.

An importer is quoted as having pointed out that it costs RM2,436 to ship a 20-foot container (TEU) from Port Klang to Kota Kinabalu, Sandakan (RM3,236), Tawau (RM3,336), Lahad Datu via Sandakan (RM4,186) and Lahad Datu via Tawau (RM4,386).

Having said all that it should be noted that the Malaysian shippers are the ones holding the Transport Ministry to the cabotage policy. That the Ministry is helmed by the MCA politicos is an inconvenient truth.

I realise and fully understand that this issue may be arcane and, yet, emotive, depending on where each of us stand.

But, whatever the case, the following policy questions need to be addressed:

First, why should there be a cabotage policy that favours Port Klang and, by logical extension, the local shippers at the expense of the Sabahans and Sarawakians?

Second, should there be a time-limit to the policy since home-grown enterprises seem never to be able to cut the umbilical cord or government (read, taxpayers) support?

Third, if the trade-off is between the cost of abandoning the cabotage policy and measures taken to reduce the cost of goods in Sabah and Sarawak, what can the federal government do to reduce the cost of goods in Sabah and Sarawak - or, at least, the cost of freight component?

Fourth and, possibly, the most challenging question is, is it possible to institute a ONE-PRICE POLICY to unify Semenanjung with Sabah and Sarawak?

Cabotage and federalism

Not many Malaysians are away or, even bothered with the existence of a cabotage shipping policy in Malaysia.

Apparently, under the cabotage shipping policy, implemented since 1980, domestic trade between any two ports within the Malaysian federation can only be served by Malaysian-owned shipping companies registered in Malaysia's shipping registry.

The cost components for the transportation of goods include freight charges, port charges, forwarding fees, haulage or transport charges, storage charges and terminal handling service costs.

Goods costs more in Sabah and Sarawak

It is a fact wearily accepted by fellow Malaysians in Sabah and Sarawak that the same packet of instant noodles cost more than the prices in Semenanjung Malaysia.

Obviously transportation costs are one key factor.

But, if the incidence of poverty is said to be very high in Sabah and Sarawak, couldn't the federal government do more to reduce the obvious price differences?

The irony is that Sabah and Sarawak contribute oil and gas revenues to the federal coffers via the Petroleum Development Act.

The economics of federalism

It is high time that the federal government conduct a serious accounting of the reasons for the price discrimination between Semenanjung Malaysia with Sabah and Sarawak.

More importantly, the federal government should take active measures to institute pricing parity so that the same packet of instant noodles will cost the same anywhere in Malaysia. Saying that distance is a cost factor will not be acceptable past a point.

The irony and central and driving fact should be that the further a citizen lives from the administrative capital and great commercial centres, the more help that citizen needs. This is a fact.

Trust me, it will become a big bugbear as the economy contracts.

I also seem to recall that after the General Elections of March 8 last year, the BN components in Sabah and Sarawak appear to have delivered their part of the bargain.

It's a good time to listen to these working level complaints before they rise to political level complaints.

This, to my mind, is the proper mindset when dealing with federal-state matters.

Raymond Tan: 'I stopped PM from ordering Yong's arrest'

Tony Thien's report in Malaysiakini, 'I stopped PM from ordering Yong's arrest' raises serious questions about the ACA's independence. Ex-SAPP deputy president, Raymond Tan is reported to have said that he had been instrumental in preventing the arrest of party president Yong Teck Lee in June in relation to allegations of corruption.

He said he had pleaded with the Prime Minister not to arrest Yong as it would be a bad move, and had even gone on television with a plea to allow the latter to speak up.

SAPP's newly-appointed Information Chief Chong Pit Fah is quoted as having described Raymond Tan's revelation as a a shocking revelation.

Indeed, this is a stunning disclosure which points to the question that has dogged the ACA; is the ACA truly independent? This requires a response from the Director-General of the ACA, for all it's worth.

As if he hasn't got enough issues on his plate, BN loyalist Raymond Tan has inadvertently dealt Pak Lah and the BN with another major blow by this disclosure. Now the Prime Minister has to respond to this issue.

For truly, with friends like these, who needs enemies?

MALAYSIAKINI: Kurup's Pensiangan seat declared vacant

Malaysiakini reports that, The Pensiangan parliamentary seat, won by Barisan Nasional's Joseph Kurup on March 8 general election, has been declared vacant by the Kota Kinabalu Election Court today.

MCPX

Malaysiakini also noted that, The decision by High Court judge Justice David Wong Dak Wah could pave way for a by-election for this constituency which was won uncontested by Kurup.

Right to appeal the High Court decision
However recent amendments to the election laws allow Kurup to appeal the decision at the Federal Court. The petition was filed by PKR's Danny Anthony Andipai, who was also a candidate for the seat. He had named Kurup, returning officer Bubudan OT Majalu and the Election Commission as respondents.

Kurup won the seat uncontested on Feb 24 nomination day after Andipai's candidacy was rejected after he had submitted his nomination papers after the 10am deadline.

On the nomination day, both Andipai and another candidate Saimeh Usau had missed the deadline and wanted to submit their papers after the expiry of the deadline. They claimed they have been blocked on their way to the nomination centre.

They were subsequently allowed to do so, with Andipai's nomination papers accepted at 10.25am and Saimeh's forms five minutes later.

However, during the one-hour objection period from 11am, Kurup had raised objections to the late submissions and they were accepted by the returning officer. He then disqualified the two candidates from contesting.
______________________________

The High Court decision comes at an inopportune time for Barisan Nasional. No doubt, the by-elections will take place after September 16, which may or, may not see any dramatic changes at the federal level. In any event, the by-election will be seen by most Malaysians, particularly Sabahans, as a referendum of sorts on the BN government at the Federal and State levels.

The Pensiangan constituency is largely populated by Kadazans.

There have been rumblings of discontent from within BN Sabah ranks. At the most extreme would be Sabah Peoples' Party (SAPP) led by the recalcitrant Yong Teck Lee. This is followed by leaders within UMNO Sabah, such as the urbane Anifah Aman.

There are some interesting angles to consider. First, can PKR and Pakatan Rakyat parlay the voter sentiments in Peninsular Malaysia into Pensiangan, Sabah? This is a strong possibility given the strong streak of independence shown by Yong of SAPP and Anifah Aman of UMNO Sabah. But, at the same time, by dint of the independent streak shown by these BN Sabah leaders, the Pensiangan voters may see BN Sabah in a favourable light.

Second, and, perhaps the most interesting question is that, given the reticence of Sabah's Kadazan leaders, particularly Huguan Siou Pairin Kitingan, on the crossover issue and, the failure or refusal of these Kadazan leaders to make any outward displays of independence against the federal BN's neglect of Sabah, will the Kadazan voters in Pensiangan decide to give the Kadazan leaders a wake-up call by casting their votes for PKR-Pakatan?

In a direct sense, the by-election is likely to be hotly contested between PBRS-BN and PKR-Pakatan. But the underlying issue will be whether the Kadazan voters will reflect the growing mood of despair at the federal BN leadership. At another level, the by-election may also be an indicia of whether BN Sabah's leadership under the authoritarian Musa Aman is genuinely well-received by Sabahans.

Flying the Jalur Gemilang to September 16

Lest we forget, there are 2 key dates when it comes to flying Jalur Gemilang. One is August 31, when people of the 11 states in Semenanjung obtained Merdeka. The other is September 16, when Sabah and Sarawak joined the enlarged Malaysian federation.

I am told that Sarawak PKR Chief, Dominique Ng, has marked September 16, for several years now, by hoisting Jalur Gemilang at the Central Padang in Kuching. While some may see this gesture as being Quixotic, I, for one, do not.

In his recent column in Malaysiakini, Sim Kwang Yang wrote:

Sarawakians and Sabahans will grumble about the injustice of the Malay nationalist grand narrative to no end. Once again, they will remind the world about the historical fact that Malaysia came into being on 16 September 1963, and not 31 August 1957. But these are the marginal voices out there, on the other side of a vast expanse of sea water, seldom heard in Kuala Lumpur, and so hardly deserve serious attention. The official history book cannot be wrong, or at least that is what many Malaysians think.

This year though, the voices of discontent from the East may have to be taken seriously. Sabah MPs from the ruling coalition have been making rebellious noises in Parliament. Some are eloquent in ways only Sabahan and Sarawakian MPs are capable of.

What is the use of living in a big house, they asked, if you are denigrated to a small corner near the stinking toilet? Would it not be better if you move into the master bedroom in a smaller house? Needless to say, I share their sentiment entirely.

This is a valid view. But, beyond the historical truism about September 16, having a legitimate claim to being as significant, if not more, than August 31, there is in 2008 a potentially greater significance to the September 16 date. But this significant other will be something all Malaysians will have to wait to unfold.

For now, I wish to express the hope that ALL Malaysians will hoist and fly the Jalur Gemilang for the entire duration between August 31 and September 16.

Not just because Dominique Ng will have his traditional flag-raising in the Central Padang, Kuching; not just because Sim Kwang Yang has wistfully reminded us of its significance (which are quite sensible reasons, I grant you), but, for its significance in the birth of Malaysia (not Malaya).

But, if you want to add to the mix of rationale, some overt show of support for Anwar Ibrahim and Pakatan Rakyat's political designs, then, so be it!

Sabah and Sarawak MPs to join up in two weeks, claims Anwar

Despite the torrid time that Anwar has been facing vis-a-vis the police and, his overnight detention in the KL Police HQ; despite the awful disclosure made by Sivarasa Rasiah about the outrageous CCTV tape made by the police as reported in MALAYSIAKINI and Malaysian Insider; Anwar continued his hustings to continue to drum up support from the Malaysian public.

Last night, in the town of Banting, Selangor, Anwar Ibrahim declared that he would announce in a week or two his plan to run for Parliament. By that time, he said, he would also have some Barisan Nasional MPs from Sabah and Sarawak to join him — to make good his prediction to form the federal government by Malaysia Day on 16th September 2008. Read here.

Anwar was quoted as telling the multiracial crowd that, "Umno leaders are saying they are trying to protect the Malays because now they are at their weakest. But let me tell you this that it is too late for them. I am Malay but a responsible and cultured one. I will never stop from helping the Malays to progress".

"I am a Muslim therefore I am responsible to uphold justice for all Malaysians," he said to shouts of "reformasi".

On the latest sodomy allegation against him, Anwar said, "They can put me in jail, stripped me but they cannot stop my programme to benefit the people. I do not wish to be the Prime Minister to enrich myself. I will be damned if I do that".

He also said, "I will fight, as I know there is no evidence, this is just a wild accusation, and I have enough witnesses. I have fought with dragons and these people are just lizards, and the people will reject this latest allegation".

Roadblocks set up amid protest fears

I have already offered my views on today's proposed "no-confidence" motion at this blog entry. So, the Malaysiakini report Roadblocks set up amid protest fears raises interesting questions about the psychological war that the BN government is initiating by the alarmist tactic of roadblocks and court orders.

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The BN/govt security team appears to have learnt from the tactical playbook so successfully used against Protes 2008 where the protesters were successfully herded and corralled into a stadium instead of an open area. Threats of police action were also made then. This time around, we can see the level of sophistication increase with the added legitimacy of a court order. This is what is meant by the phrase when giants learn to dance, I guess.

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The "no-confdence" vote

As for the "no-confidence" vote itself, in lieu of quoting myself ad nauseam I offer an extract from Malaysiakini reporting that, "Two rebel lawmakers from Abdullah's ruling BN coalition have vowed to back the opposition debate. Sabah Progressive Party (Sapp) parliamentarians Eric Enchin Majimbun and Chua Soon Bui have pledged their vote for an opposition motion of no-confidence against Abdullah."

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I also want to highlight the Malaysian Insider's analysis which starts with the tantalising question, "Will there be a motion of no confidence against the Prime Minister today? That depends on the Dewan Rakyat Speaker. Will the rebel Sabah Progressive Party (SAPP) have its two lawmakers there to support such a motion? That depends on the duo after their anti-climatic no-show the first time around on June 24. But if both do happen, notwithstanding it’s a motion that does not call for a vote, can SAPP's move force Datuk Seri Abdullah Ahmad Badawi's hand to whittle his Barisan Nasional coalition to his favourite number – 13? 

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It's a tough call because BN leaders know SAPP president Datuk Yong Teck Lee wants his tiny Chinese-based party to be kicked out of the coalition instead of quitting, in an effort to underscore his assertion that Sabahans are treated badly and their grouses summarily dismissed in far-off Putrajaya. That appears to be the former Sabah chief minister's end-game. He won't quit BN but wants Abdullah to do so and if the embattled prime minister won't go, then BN must kick out the rebel party and turn it into instant heroes.-

For the full report read Can SAPP make BN break and be a hero this time?. 

State, Communities and Forests in Contemporary Borneo

I want to share this academic work, State, Communities and Forests in Contemporary Borneo with anyone who is interested in the environmental challenges and the displacement of native communities in Borneo, which encompasses the Malaysian states of Sabah and Sarawak and Indonesian Kalimantan. The kingdom of Brunei does not form part of this study. Published by the Australian National University, the ANU has been generous in sharing this outstanding piece online. The contributors are outstanding academics and they address social, economic, environmental, legal and political issues affecting deforestation and displacement of native communities in Borneo.

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If you are only interested in Sarawak, go to Fadzilah Majid Cooke, Ramy Bulan and Mogens Pedersen et al.

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If you are only interested in Sabah, go to Justine Vaz.

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To be honest, I haven't finished reading this compendious work. It is just a breathtaking albeit academic study. But the issues are serious and, think about it, every single day native communities in Borneo are witnessing the destruction of their ancestral and customary lands. And, the shame of it all is that these communities do not receive adequate compensation for being displaced.

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This is the point that I have repeatedly raised in various blog entries, particularly the piece entitled Sarawak NCR Land: The heavy price of progress and, generally under the label NCR.

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I must confess that I'm not a native nor am I a Sarawakian or Sabahan. But I'm Malaysian and, I hate to see what's been happening. In West Malaysia the decimation of Orang Asli communities is still continuing although greater sensitisation is slowly creeping in...very slowly.

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My innate sense of fairplay demands that I write and speak out about the plight of the native communities of Malaysia. If I can help to articulate their plight and help to frame the discourse on the rights of native communities and the concomitant impact that their displacement causes on the environment, then I am grateful that my education and writing skills are not wasted.

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Do ignore any hint of sanctimoniousness, if any, on my part. Do take the trouble to read the resources to get a better understanding of the issues affecting the native communities of Borneo and the environmental issues arising from their displacement. Progress should not come at any price. Progress must be a considered activity especially if it affects human beings.

Sapp leaders 'threatened', says party boss

Not that it was unexpected. But to read in Malaysiakini (see http://www.malaysiakini.com/news/84913) that the 2 SAPP MPs have received threats just makes me angry, sad and frustrated...all at the same time.
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This is the quality of Malaysian politics. This is the reason why many of our generation's best and brightest stayed away from politics. This is also the reason why we stand in salute to the heroic deeds of Lim Kit Siang, Karpal Singh, Lim Guan Eng, Wee Choo Keong, Anwar Ibrahim...the list goes on. These are the true Malaysian heroes who have been arrested and detained without trial under the odious Internal Security Act. In the case of Guan Eng, he was unfairly charged, tried and convicted under the Sedition Act for defending a helpless 15-year old Malay girl that was allegedly raped by the then-serving Chief Minister of Malacca. So much sacrificed.

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And, now, the gangster-style of Malaysian politics has resurfaced in Sabah against the hapless SAPP MPs. This is a low tactic. I dare say, having read The Prince, that Machiavelli would not have countenanced such a low tactic. Certainly, such a low tactic would be unbecoming of any Oxford graduate... or is it?

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I had wanted to spend some time considering the economics of the fuel price hike, its knock-on effect on inflationary pressure and the dwindling disposable income of the fixed-income earners in Malaysia. But, as Tan Siok Choo has remarked in The Sun (Monday 23/06/08) (see http://www.malaysia-today.net/2008/content/view/9145/84/) Malaysia is now embroiled in Byzantine politics.

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It is an awful spectacle that is distracting us from turning our minds to the important issue of economic management (or, mismanagement). I just wish Pak Lah will go away. Najib, too. In fact, throw the lot of them out so that we can concentrate on how to survive and thrive in the aftermath of this looming economic debacle.

Monday! Monday!

It would appear that no one in Malaysia can avoid the mention of SAPP and Monday. You read it in Malaysiakini, you hit it in Malaysia-Today.Net. Hell! You can even stare at it in the mainstream media (MSM).

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So, is Yong Teck Lee a hero, villain or, a soon-to-be-martyr? In the course of my readings, I discovered that many Sabahans of Chinese descent originate from the Hakka families that had to make a run (with the help of Christian missionaries with links to the Basel Church in North Borneo) after the quelling of the Taiping Rebellion in Qing China. Does that explain the robustness and ruggedness of the SAPP leaders like Yong?

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The parliamentary procedures on the tabling of a "no confidence" motion is well elucidated and considered by Malik Imtiaz (see http://malikimtiaz.blogspot.com/2008/06/will-speaker-uphold-constitution.html). I have nothing further to add on it.

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Instead, I want to make a small observation on Dr Chua Soi Lek's take on this SAPP business (see http://drchua9.blogspot.com/2008/06/another-political-drama.html). Dr Chua, being an MCA ex-leader-soon-to-be-future leader, is very much a part of the "enlightened" Establishment (meaning BN, of course).

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Dr Chua tries to dampen and temper the excitement over SAPP+Monday by expressing his concerns over the insidious agenda of PAS and the possibility of a 2-party system in future Malaysia. These are also his reasons for arguing that the MCA should not leave BN.

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Dr Chua also tries to take us through the history of the meaningful role played by the MCA in the Malaysian polity.

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To assist Dr Chua, I wish to highlight 2 episodes in the MCA's history that has been glossed over. First, is 1958 when Dr Lim Chong Eu was elected MCA President on a plank of asserting MCA's status as an near-equal to UMNO instead of junior partner. MCA should explain how Tun Tan Siew Sin, with a little help from friends in UMNO, got rid of Dr Lim.

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Next is the 1975 push by Dr Lim Keng Yaik in Perak for MCA to assert itself against UMNO on many key policy matters. MCA should explain how MCA got rid of this other Dr Lim.

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Now, Dr Chua and his "reformist" colleagues may be able to get rid of the Ong mafia. But can any leaders of MCA truly be a near-equal partner to UMNO?

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In any case, I don't really care for a communal MCA. The most important issue, Dr Chua, is NOT whether MCA should leave BN or not. The most important issue, Dr Chua, is whether the MCA is prepared for a sea-change by becoming MULTIRACIAL?

Good times for federalism in Malaysia

What do we mean when we say that Malaysia is a federation? It means that 13 states got together to form a nation. The Malaysian nation is bound by a written contract. We call it the Federal Constitution.

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One of the important features of the Constitution is that most of the revenue collection powers is given to the federal government. The federal government, then, allocates the revenue collected to federal government ministries and agencies and, to the states. There is a formula for distributing funds to the states. One measure is the state's population. Another is the length of roads in the state. Apart from these constitutional formulas, any other funds or grants by the federal government to the states are purely discretionary.

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This discretion has been the problem ever since Merdeka in 1957 (which affects 9 states in Peninsular Malaysia) and remained after 1963 when Sabah, Sarawak and Singapore joined the Federation (Singapore left in 1965, of course).

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It is quite obvious that because so much wealth is collected and kept at the federal level, state governments have been forced to be subservient. This federal wealth has also been used effectively to maintain political control over state governments.

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That was the state of play from 1957. But, since the 12th General Elections of March 8, 2008 the situation has taken an interesting turn. There are now 5 state governments that are controlled by non-Barisan Nasional parties (I refuse to call them "Opposition States") aka Pakatan Rakyat ("PR") states, namely, Penang, Kedah, Perak, Selangor and, of course, Kelantan.

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The PR states have begun to challenge the Federal-State relationship. The nature of the challenge is broad, ranging from funding of infrasructural projects e.g. 2nd Bridge Penang, to toll roads.

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But, the even more interesting development for federalism is the restiveness of the Members of Parliament from Sabah. The Sabah MPs are from BN component parties. While there may be indications of political gamesmanship by Sabah MPs, it will be perilous (not to mention naive) for the powers-that-be in UMNO (the main beneficiary of BN) to ignore the restiveness.

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Sabah is an extremely resource-rich state. It has an abundance of fertile land for oil palm plantations, plenty of offshore oil and gas, timber, wonderful beaches, diving sites, mountains ... an endless list. Yet, there is much poverty and serious underdevelopment.

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Yes, one can blame the Tun Mustapha era. Yes, mud can be thrown at the Harris Salleh administration. No doubt, the Pairin era did not engender positive changes. Yes, rotating CMs for several years caused much indecision. All these are Sabah's own state governments. But any visitor to Sabah who bothers to really mingle with the ordinary Sabahan will become very quickly aware that the wariness of "orang Malaya" (that's what they call West Malaysians) is very real. So, it is not that Sabahans love the state BN but, that they hate KL more! (to paraphrase Shakespeare).

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Whatever the motivations, the "rebellion" from Sabah MPs has generated issues of federalism particularly the concentration of wealth at the federal level. Unlike the 5 PR states who need federal largesse, states like Sabah are merely asking to be allowed to have a larger share of oil royalties from oil extracted from their offshore oil and gas deposits. Now, that is a powerful argument.

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More importantly, the impact of these trends on the constitutional issue of federalism will be very significant, indeed. One interesting question is, why are the Sarawakians so quiet this time around? Let us recall the Malay proverb, air tenang jangan disangka tiada buaya.