Report of the Commission of Enquiry, North Borneo and Sarawak, 1962/CHAPTER 4/Chairman
D.—Summary of Recommendations in Sections B and C, and Comments, by the Chairman.
235. In Section A of this Chapter recommendations have been made on certain general matters. On some of them there is unanimity, and on others there is some divergence of opinion which can only be resolved by Governments.
236. For reasons explained in paragraph 145 it has been necessary to set out other proposals separately, in Sections B and C above respectively. Owing to the different views taken in the Commission about the phasing of the creation of Malaysia. many of these proposalsare seen by the British members of the Commission as objectives which should start to taken effect immidiately on the creation of Malaysia. Subject to this qualification, there is unanimity or near-unanimity in the Commission on most of these recommendations, which I summarise below:
Representation of the Borneo territories in the Federal Parliament should take account not only of their populations but also of their size and potentialities.
The native races in the Borneo territories should be placed in a position analogous to that of the Malays in the Constitution of the Federatian of Malaya. Ad Advisory Board should be set up, including representatives of the principal races, to advise on the interpretation and administration of these provisions. The Malayan members feel that the provisions for the special position of indigenous races should not be subject to review separately from any review of the position of the Malays as a whole. The British members, with whom I agree, feel that the provisions should be reviewed not later than 10 years after they come into force. One British member is opposed to any constitutional provision in this matter.
Special and urgent attention should be given to development in the fields of rural improvement, education, medical and other social services, and training of candidates for administrative and technical posts. The Malayan members see the proposals on development as an integral part of their whole approach. The British members concur generally in these proposals and suggest that, if their recommendation for a transitional period is accepted, development boards should be set up at the outset.
should be under the sole control of the State Government.
(b) On a number of other matters dealt with in Sections B and C there was full discussion in the Commission and general agreement, subject only to the method of approach and to certain minor divergences.
A separate High Court should be maintained in the Borneo territories and a Federal Supreme Court should have appellate jurisdiction throughout the Federation. A number of more specific recommendations are made on this subject by the Malayan members: the British members have preferred to leave most of the details to the proposed Working Party.
Somewhat divergent recommendations are made, reflecting the different approach on the question of phasing. It is unanimously recommended that in the first instance the appointment should be made by His Majesty the Yang di-Pertuan Agong on the joint nomination of Her Majesty The Queen and His Majesty.
Near-unanimous recommendations are made, with some divergences reflecting the different approach on the question of phasing.
The division in the New Constitution between Federal, State and Concurrent lists should broadly follow the lines of the existing Constitution of the Federation of Malaya. Amendments should be made to the list in the case of Shipping and Navigation, and Fisheries. The British members, with whom I agree, advocate that special consideration should be given to the question of Labour and Social Security, and that the provision regarding Welfare of Aborigines should not apply to the Borneo territories.
These matters should be on the Federal list, but integration of Federal and State practice should take place gradually and after careful study by a Working Party. Detailed arrangements are proposed by the Malayan members, with which the British members generally concur.
(vi) Education
Education should be on the Federal list, but integration of Federal and State practice should take place gradually after careful study by a Working Party. The British members with whom I agree, stress the importance of maintaining existing policies regarding the use of English as a medium of instruction.
(vii) Regionalisation
The Federal services in the Bomeo territories should be regionalised and officers should be appointed in the territories with sufficient authority to deal with local matters. I add a personal recommendation that, when expatriate officers are no longer needed for these posts, they should normally be filled by officers from the Borneo territories.
237. The British and Malayan members have both concluded that, on the lines of their respective approaches, a Federation of Malaysia is an attractive and workable project and is in the best interests of the Borneo territories. On the assumption that Singapore also joins in the Federation, I strongly endorse this view, adding that the inclusion of the Borneo territories would also be to the advantage of the other participants in the Federation. It is a necessary condition that, from the outset, Malaysia should be regarded by all concerned. as an association of partners, combining in the common interest to create a new nation but retaining their own individualities. If any idea were to take root that Malaysia would involve a "take-over" of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Bomeo and Sarawak, Malaysia would not, in my judgment, be generally acceptable or successful. I recommend that, in forthcoming negotiations, Governments should pay close attention to this point, both in its psychological and in its practical aspects.
238. The principal difference of approach between the British and Malayan members of the Commission, as set out in Sections B and C above, relates to the phasing of arrangements for the new Federation. I consider that a transitional period is most desirable. I agree generally with the arguments and recommendations set out in Section B, though I feel that the precise constitutional and other arrangements to govern a transitional period, and in particular the arrangements relating to Internal Security, must be matters for discussion between Governments. I urge most strongly that any arrangements made for the early years after Federation should provide for continuity of administration in the Bomeo territories and should not result in any weakening, either real of apparent, of authority in Kuching and Jesselton.
239. We were not required by our Terms of Reference to discuss these matters with the Government of the Federation of Malaya or to consider them in relation to the general situation in the area. I therefore recommend that the Governments concerned should discuss these matters as soon as possible in the light of the findings in this report and of the views expressed in the Report about the special problems of the years immediately following Federation. I regard it as vital that Governments should reach an early decision of principle, subject to debate in, and approval by, the legislative chambers in North Borneo and Sarawak.
240. I strongly endorse the recommendations that consultative machinery, including joint working parties, should be set up as soon as possible after a decision is taken to proceed with the Malaysia project, in order to work out the details of integration of the Borneo territories into a new Federation. 241. Finally, I underline what has been said in earlier Chapters about the gratifying way in which the peoples of the territories came forward to make their views about Malaysia known to the Commission. Apart from a few groups in Sarawak which took a somewhat aggressive attitude and were, as could be clearly recognised, under Communist influence, groups of all races and of every shade of opinion expressed their support, their opposition, or their doubts in a reasoned, thoughtful and constructive way.