31 August marks Malaysia’s independence. But not everyone is celebrating the federation, writes James Chin.

Today Malaysia celebrates Hari Merdeka or Independence Day.

But, the 31 August anniversary again raises the old debate about the actual date of independence and what the Federation means to the peoples of Sabah and Sarawak. It’s a discussion that has happened this time every year for much of the past decade.

Most banners in Malaysia have ‘59’, marking when Malaya became independent in 1957. The ‘53’ comes from 1963 — the year when the Federation was formed.

For many years, the federal government in KL/Putrajaya did not take the difference in years seriously. The situation changed in 2010 with the creation of another public holiday — Malaysia Day — to be celebrated annually on 16 September and commemorating the formation of the Federation.

The sudden acknowledgment by Prime Minister Najib Tun Razak was no doubt in part to the increasing assertiveness of leaders in Sabah and Sarawak. Before 2008 Sabah and Sarawak were seen as a reliable ‘fixed deposit’ for the ruling Barisan Nasional (BN). The number of BN MPs elected from the Bornean states gave the BN a two-thirds majority in parliament.

The situation is markedly different now. The current Najib administration is holding on to power with a wafer-thin majority of 18 seats (as at July 2016). There are 47 BN MPs from Sabah (22) and Sarawak (25).  Najib would be out of a job without the BN MPs from East Malaysia.

To show his appreciation and to reflect the rise of East Malaysia, he appointed more than 15 federal ministers and deputy ministers from the two state. In fact, the second largest party in the federal BN is Parti Pesaka Bumiputera Bersatu (PBB) from Sarawak, not the uni-racial Malaysian Chinese Association as is widely believed.

Najib’s perilous political position is made worse by the fact that UMNO does not have single MP from Sarawak. In fact, under a deal made during former Prime Minister Mahathir’s tenure, UMNO is not allowed into Sarawak.

Parti Pesaka Bumiputera Bersatu (PBB), the local Muslim party, is the defacto UMNO of Sarawak. It has ruled Sarawak since 1970 with a coalition that is beholden to it. PBB could easily rule Sarawak on its own, but the state’s diverse population requires it to keep a coalition government, the Sarawak BN, for political stability.

Unlike Sarawak, UMNO is in firm control of Sabah and UMNO Sabah’s boss, Musa Aman, is the state’s chief minister. His brother is Malaysia’s Foreign Minister.

The noisy debate in East Malaysia over ‘53-vs-59’ reflects the wider issue of Sabah and Sarawak’s status in the Malaysian Federation. Many Sabahans and Sarawakians are of the opinion that Malaya, Sabah, and Sarawak (and Singapore before its expulsion from Malaysia in 1963) were the original founders of the Federation. Hence the argument that Sabah and Sarawak should not be merely treated as one of the 13 states in the Federation but as one of the three founding states.

This distinction is important for Sabah and Sarawak nationalists as they like to argue that both states should enjoy more rights compared to others. These rights, as the argument goes, are part of the original promises made by Tunku Abdul Rahman and other Malayan leaders when they approached Sabah and Sarawak back in 1961 to establish the Malaysian Federation. They further argue that many of these rights, collectively called the ’20 Points’, have been watered down over the last half century.

Sarawak-YoutubeWith UMNO relying on East Malaysia to stay in power, Adenan Satem, the chief minister of Sarawak, has been especially vocal in demanding more autonomy for the state. Just in the past week, he met Najib to pressure Petronas, the national oil corporation, to implement a Sarawak-First policy in hiring its workers in Sarawak. Najib also promised to appoint a representative of the Sabah and Sarawak governments to the Petronas board.

Adenan’s move was widely applauded in Sarawak, so much so that Netizens are asking why Musa Aman, Sabah’s chief minister, has been keeping quiet when it comes to state rights. It is not lost on Sabahans that Musa belongs to UMNO Sabah and Najib is his party chief.

The firm push for more autonomy for the two East Malaysian states comes at a time when various movements are actively seeking a referendum on the future position of Sabah and Sarawak in the Malaysian Federation. Many of these groups, active on the social media, and especially Facebook, harbour dreams that one day Sabah and Sarawak will be independent states.

In Sarawak, some of these groups are covertly supported by the Sarawak BN. The Sarawak BN sees these groups as useful in helping to split the opposition vote and, more importantly, help Sarawak BN contain the threat represented by the opposition DAP and PKR. These two parties have some support among the local population and labeling them as ‘Malayan’ parties out to ‘colonise’ Sarawak is attractive rhetoric if you claim to be a Sarawak nationalist.

All four parties that make up the Sarawak BN — PBB, Sarawak United Peoples Party (SUPP), Parti Rakyat Sarawak (PRS), Sarawak Progressive Democratic Party (SPDP) — are local. They all claim to be Sarawak nationalists, despite the fact that on the very day they were established all of them joined the federal BN. But as they say, facts are irrelevant in politics; it’s perception that counts.

Until the next general election, we can expect Adenan to take the lead in negotiating with Najib to ‘take back’ some of the bureaucratic powers lost to Putrajaya during Mahathir’s tenure. Sabah will take a back seat for the simple reason that any deals for Sarawak will have to apply to Sabah as well. Both Adenan and Najib are hoping that Adenan’s ‘victories’ in securing more powers will lead to a massive win for Sabah and Sarawak BN in the coming general election.

At the grassroots level, the nationalists will be given a lot of leeway in promoting ‘Sabah for Sabahans’ and ‘Sarawak for Sarawakians’ as long as they are useful in painting the federal opposition as ‘outsiders’. In any other states in the peninsula, they would be arrested immediately for sedition.

The debate over state rights in Sabah and Sarawak could have long-term consequences for the Malaysian Federation. It is instructive to note that in the 1980s, Parti Bersatu Sabah (PBS) used the state rights appeal to win several state elections in Sabah. This tactic directly led to the establishment of UMNO in Sabah, and the state’s politics were forever changed.

While the likelihood of UMNO entering Sarawak is remote now, this situation can change with the results of a single election. UMNO is playing ‘nice’ now because it needs Sarawak to stay in power. When UMNO is strong, it will behave in an entirely different manner. Any powers given back to Sarawak can easily be taken away as long as the centre (Putrajaya) in the Malaysian federation is all powerful under the federal constitution.

For lasting state rights, the leaders of Sabah and Sarawak must come together and insert autonomy into the Malaysian Constitution. Otherwise what we have is merely a bureaucratic maneuver that is only good until the next state or federal elections. 

Professor James Chin is Director, Asia Institute, University of Tasmania. Readers who are interested in exploring this issue further can read the author’s recent book (co-edited with Andrew Harding), 50 Years of Malaysia: Federation Revisited (2014).