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Is Sarawak BN purposefully misleading the public? – Kelvin Yii

March 04, 2016

To me, it is somewhat amusing, when we hear or read of statements by Sarawak Barisan Nasional (BN) senior ministers including Tan Sri James Masing, Datuk Abang Johari Openg (PBB deputy president) and also PBB Supreme Council member Idris Buang on how Sarawak as a state is somewhat immune to the mess that is happening in the West (Malaya).

They mentioned that whatever is happening in Umno would not have any implications in Sarawak, based on the reason that party was not represented in the state.

What got me intrigued of course is their thought process on the matter and what I perceive as delusional or a denial state of mind thinking that Sarawak is somewhat isolated from what’s happening around the beautiful Fairland.

But then, we the people know that just because Umno is not officially registered in Sarawak, doesn’t mean its influence is not rooted in the state.

In one of my writings, where I wrote an “Open Letter” to our Chief Minister Tan Sri Adenan Satem asking his on his stands regarding the cloud of allegations of multiple financial scandals on Datuk Seri Najib Razak as well as a perceived bias on the part of the attorney-general in choosing not to pursue the matter, I received a fair amount of flak especially coming from the current establishment.

What surprised me was the arguments used to “refute” my questions are the same recycled sentiment that all those happenings were Malayan problems that originated in Malaya, so it doesn’t concern us Sarawakians or have no effect in Sarawak.

We, of course, are also reminded of the repeated times our chief minister has reiterated that those financial scandals allegations have no effect on the state thus not affecting the upcoming elections.

He even went to the extent of publicly admitting he doesn’t know what 1MDB was till a few months before the statement was made, which for me is a worrying revelation as he is the head of state and supposedly have to be aware of any developments in and outside the state.

We do not need to get into the obvious federal policies that have affected us a state especially economically.

Even Adenan has admitted that the flip-flop federal educational policies has been a bane to the state, but yet still make contradicting statements on denying impact of federal issues.

However to me, what is even more irresponsible that being in that state of denial, is of course the attempts to then mislead and also misinform the public on the issue.

SUPP secretary-general Sebastian Ting while admitting that the party supported the passing of the National Security Council (NSC) Bill 2015 in parliament, made claims that the legislation would not be enforceable in the state.

On top of that, SUPP have been releasing videos where the speaker again clearly states that the bill is unenforceable in the state without the state assembly's approval.

In the Federal Constitution, Schedule 9 and Articles 74 and 80 of the constitution clearly shows 3 list, pertaining to federal, state and concurrent powers.

Federation deals with all of the larger issues affecting the country as a whole, such as external affairs, energy, the legal system (exceptions in Sabah & Sarawak), finance, general taxation and citizenship.

The most expensive functions too such as defence, healthcare and education lies with the federal powers.

Sabah and Sarawak, which have greater powers compared to the other states, have powers over immigration, as well as customary law and personal law.

Crucially, the government of Sabah and Sarawak also have special powers to veto constitutional amendments affecting their states.

Under Article 161E(2) no amendment shall be made to the Federal Constitution without the concurrence of the government of Sabah and Sarawak, if the amendment is such to affect the operation of the Constitution with regard to;

1. Malaysian citizenship and the equal treatment of persons born or resident in the state

2. The constitution and jurisdiction of the High Court of Sabah and Sarawak

3. Appointment, removal and suspension of its judges

4. The state’s legislative and executive powers and final arrangements between federation and state

5. Religion and language in the state

6. Special treatment of natives of the state

7. Quota of MPs allocated to the state in proportion to the total number of MPs

So again base on my understanding, the NSC Bill doesn’t fall under any of those exceptions but instead in a matter of “defence” which clearly states is under the purview of the federal government.

As far as I know, unless it is specifically written in the law (e.g. Animal Welfare Act 2012) that it only applies to Peninsular Malaysia, federal policies will then have effect in the state and the whole of Malaysia.

If base on their argument and logic, we as a state assembly have the power to reject federal bills including the Sedition Act, Sosma, Pota or even GST!

Those again are matters of defence/security and finance/taxation which again according to the constitution is under federal powers.

Again, if so, why then did SUPP launched a public petition campaign to ask the government to exempt Sarawak from GST?

Since they argued state has the power to reject, then why not lobby their partners to strike it down in the assembly instead? Their actions somewhat doesn’t coincide with what they are preaching or trying to misinform the public.

The passing of the motion in assembly to “Safeguard the rights under the Malaysian Agreement” also has no binding powers on the federal government.

Just look at other motions passed including the motion to demand 20% of oil royalty. Is then the federal government bounded by those motions?

So it seems to me, the campaign material and propaganda of the current state BN government basically is to try distance themselves away from the mess in the west.

The way they are doing so is by making statements to cover up and mislead, so people especially in the rural areas are ignorant of of such issues.

In a way, these actions can be perceived as a certain feeling of shame and rejection to what is happening as well as the federal BN government.

However the irony is, every time an Umno ministers comes in, they are treated more than a VVIP and even went to an extent of proclaiming Najib to be the best prime minister none other than by Adenan himself.

It is not just hypocritical but inconsistent with that they are saying to the people of Sarawak.

By supporting them unequivocally, they are not just associating themselves with him actually strengthening him thus giving him more power to influence the whole country even the state of Sarawak.

Under Najib and the current BN government, the country is regressing at an alarming rate.

The political scene is unstable, the economy is in trouble, and there are signs the government is willing to do whatever it takes including stirring up ethnic and religious divisions.

On top of that, I strongly believe, a government that is purposefully misleading and keeping its people ignorant and unaware of national and even global issues, is evidently a government which only for their personal interest and not the interest of the people.

Is this the government we want to empower?

The sweet words of Adenan may now be heavily adored, but the reality of national turmoil affecting us cannot be ignored. – March 4, 2016.

* Kelvin Yii reads The Malaysian Insider.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.