Sabah 20-point Agreement

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The 20-point agreement, or the 20-point memorandum, is a list of 20 points drawn up
by North Borneo, proposing terms for its incorporation into the new federation as the
State of Sabah, during negotiations prior to the formation of Malaysia on 16 September
1963[1][2]. Some of the twenty points were incorporated, to varying degrees, into what
became the Constitution of Malaysia; others were merely accepted orally, thus not
gaining legal status. The memorandum often serves as a focal point amongst those who
argue that Sabah's rights within the Federation have been eroded over time[3].

Contents

1 History
o 1.1 Brief timeline of related events (1962)
2 The 20 points
o 2.1 Point 1: Religion
o 2.2 Point 2: Language
o 2.3 Point 3: Constitution
o 2.4 Point 4: Head of Federation
o 2.5 Point 5: Name of Federation
o 2.6 Point 6: Immigration
o 2.7 Point 7: Right of Secession
o 2.8 Point 8: Borneanisation
o 2.9 Point 9: British Officers
o 2.10 Point 10: Citizenship
o 2.11 Point 11: Tariffs and Finance
o 2.12 Point 12: Special position of indigenous races
o 2.13 Point 13: State Government
o 2.14 Point 14: Transitional period
o 2.15 Point 15: Education
o 2.16 Point 16: Constitutional safeguards
o 2.17 Point 17: Representation in Federal Parliament
o 2.18 Point 18: Name of Head of State
o 2.19 Point 19: Name of State
o 2.20 Point 20: Land, Forests, Local Government, etc.
3 See also
4 References

History
The 20 points were written with a view to safeguarding the interests, rights, and the
autonomy of the people of Sabah upon the formation of the federation of Malaysia. A

similar proposal, with certain differences in content, was made by Sarawak, and is
commonly referred to as the 18-point agreement.
Attention is often drawn to these memoranda by those who believe that their principles
were not subsequently adhered to after federation. There have been numerous calls for
the 20 point memorandum to be reviewed so as to take into account social, economic,
and political changes over time[4].

Brief timeline of related events (1962)

21 March: At a meeting of the Greater Malaysia Committee there was agreement

that it would be preferable to wait for the Cobbold Commission, which had been
tasked with assessment of support for the proposal in North Borneo and
Sarawak, to complete its report, in order to consider its findings before a decision
was made on the federation of Malaysia.
21 June: The Cobbold Report was completed and submitted to the prime
ministers of Britain and Malaya (confidentially). The report concluded that one
third fully supported the idea, one third were in favour provided that safeguards
were included, and the remaining one third were divided between those who
would prefer North Borneo and Sarawak to gain independence prior to the
merger and those who rejected the merger outright. The Commission's view was
- firm support for a federated Malaysia (with transfer of sovereignty within twelve
months), incorporating a transitional arrangement in which the British would
remain for the first few years.[5]
31 July: The British and Malayan governments decided in principle that the
proposed Federation of Malaysia should be brought into being by 31 August
1963. An Inter-Governmental Committee (IGC) was to be formed to work on
future constitutional arrangements.[6]
August: The Report was published to all parties. Reportedly, this came as a
surprise to North Borneo.
13 14 August: Donald Stephens convened a meeting of political leaders who
drew up a 14 point (later 20 point) memorandum of minimum demands. This
gained support from Sarawak.[7].
12 & 26 September (respectively): North Borneo and Sarawak legislative
council agreed to the formation of Malaysia on condition that state rights were
safeguarded.[7]

The 20 points
Point 1: Religion
While there was no objection to Islam being the national religion of Malaysia there
should be no State religion in North Borneo, and the provisions relating to Islam in the
present Constitution of Malaya should not apply to North Borneo

Point 2: Language

a. Malay should be the national language of the Federation

b. English should continue to be used for a period of 10 years after Malaysia Day
c. English should be an official language of North Borneo for all purposes, State
or Federal, without limitation of time.

Point 3: Constitution
Whilst accepting that the present Constitution of the Federation of Malaya should form
the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a
completely new document drafted and agreed in the light of a free association of states
and should not be a series of amendments to a Constitution drafted and agreed by
different states in totally different circumstances. A new Constitution for North Borneo
(Sabah) was of course essential.

Point 4: Head of Federation

The Head of State in North Borneo should not be eligible for election as Head of the
Federation

Point 5: Name of Federation

Malaysia but not Melayu Raya

Point 6: Immigration
Control over immigration into any part of Malaysia from outside should rest with the
Central Government but entry into North Borneo should also require the approval of the
State Government. The Federal Government should not be able to veto the entry of
persons into North Borneo for State Government purposes except on strictly security
grounds. North Borneo should have unfettered control over the movements of persons
other than those in Federal Government employ from other parts of Malaysia into North
Borneo.

Point 7: Right of Secession

There should be no right to secede from the Federation[8].

Point 8: Borneanisation
Borneanisation of the public service should proceed as quickly as possible[8].

Point 9: British Officers

Every effort should be made to encourage British Officers to remain in the public service
until their places can be taken by suitably qualified people from North Borneo[8].

Point 10: Citizenship

The recommendation in paragraph 148(k) of the Report of the Cobbold Commission
should govern the citizenship rights in the Federation of North Borneo subject to the
following amendments:

a) sub-paragraph (i) should not contain the proviso as to five years residence
b) in order to tie up with our law, sub-paragraph (ii)(a) should read 7 out of 10
years instead of 8 out of 10 years
c) sub-paragraph (iii) should not contain any restriction tied to the citizenship of
parents a person born in North Borneo after Malaysia must be federal citizen[8].

Point 11: Tariffs and Finance

North Borneo should retain control of its own finance, development and tariff[8], and
should have the right to work up its own taxation and to raise loans on its own credit.

Point 12: Special position of indigenous races

In principle the indigenous races of North Borneo should enjoy special rights analogous
to those enjoyed by Malays in Malaya, but the present Malaya formula in this regard is
not necessarily applicable in North Borneo[8].

Point 13: State Government

a) the Chief Minister should be elected by unofficial members of Legislative

Council
b) There should be a proper Ministerial system in North Borneo[8].

Point 14: Transitional period

This should be seven years and during such period legislative power must be left with
the State of North Borneo by the Constitution and not be merely delegated to the State
Government by the Federal Government[8].

Point 15: Education

The existing educational system of North Borneo should be maintained and for this
reason it should be under state control[8].

Point 16: Constitutional safeguards

No amendment modification or withdrawal of any special safeguard granted to North

Borneo should be made by the Central Government without the positive concurrence of
the Government of the State of North Borneo
The power of amending the Constitution of the State of North Borneo should belong
exclusively to the people in the state[8]. (Note: The United Party, The Democratic Party
and the Pasok Momogun Party considered that a three-fourth majority would be
required in order to effect any amendment to the Federal and State Constitutions
whereas the UNKO and USNO considered a two-thirds majority would be sufficient.)

Point 17: Representation in Federal Parliament

This should take account not only of the population of North Borneo but also of its size
and potentialities and in any case should not be less than that of Singapore[8].

Point 18: Name of Head of State

Yang di-Pertua Negara[8].

Point 19: Name of State

Sabah[8].

Point 20: Land, Forests, Local Government, etc.

The provisions in the Constitution of the Federation in respect of the powers of the
National Land Council should not apply in North Borneo. Likewise, the National Council
for Local Government should not apply in North Borneo[8].

References
1. ^ "No.10760: Agreement relating to Malaysia" (PDF). United Nations Treaty
Collection. United Nations. July 1963. Retrieved 2010-09-22.
2. ^ Agreement Concluded Between the United Kingdom of Great Britain and
Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore.
Government Press, Kuala Lumpur (1 January 1963)
3. ^ Abdication of Responsibility: The Commonwealth and Human Rights, United
States of America: Human Rights Watch, October 1991, pp. 3334, ISBN 156432-047-2, retrieved 2010-09-15
4. ^ "Sabah, S'wak urged to review agreements". Daily Express. 2004-12-21.
Retrieved 2010-09-15.
5. ^ Cobbold Commission (1962). "Report of the Commission of Enquiry, North
Borneo and Sarawak, 1962" (pdf). DigitaLibrary. DigitaLibrary Malaysia.
Retrieved 2010-09-16.
6. ^ A J Stockwell (2004), p.377

7. ^ a b A J Stockwell, ed. (2004), British Documents on the End of Empire, B, 8,

Norwich, UK: TSO (The Stationery Office), pp. 386 [141], ISBN 0 11 290581 1,
retrieved 2010-09-16
8. ^ a b c d e f g h i j k l m n Ram Bahadur Mandal, ed. (1990), Patterns of Regional
Geography: An International Perspective, 3, New Delhi: Concept Publishing,
pp. 252254, ISBN 81-7022-292-3, retrieved 2010-09-15