18-point agreement facts for kids

Kids Encyclopedia Facts

The 18-point agreement was a list of 18 important requests made by Sarawak. These requests were about how Sarawak wanted to join and be part of the new country called Malaysia in 1963.

Before Malaysia was formed, two groups helped create the Malaysia Agreement. One was the Cobbold Commission, led by Lord Cameron Cobbold. The other was the Lansdowne Committee, which included Lord Lansdowne from Britain and Tun Abdul Razak, who was the Deputy Prime Minister of Malaya. A similar list of requests, called the 20-point agreement, was made by North Borneo.

Today, the 18-point agreement, the Malaysia Agreement (MA63), and the Inter-Governmental Committee (IGC) report are often discussed. Some people believe these documents show that Sarawak's special rights within Malaysia have been reduced over time. Experts like Shad Saleem Faruqi, a law professor, say that such old documents can help understand the country's main law, the Constitution. In 2021, a part of the Malaysian Constitution (Article 160 (2)) was changed. This change now says that Malaysia was formed based on both the 1957 Malaya agreement and the 1963 Malaysia agreement. This change helps give legal support to documents like the 18-point agreement because they are part of the 1963 agreement.

How Malaysia Was Formed

On 31 July 1962, the prime ministers of Britain and Malaya agreed to form Malaysia by 31 August 1963. This news surprised leaders in North Borneo. So, on 13 and 14 August 1962, Fuad Stephens and other North Borneo leaders wrote down 14 requests, which later became 20 points. Sarawak leaders supported these ideas and created their own 18-point list. These points were based on the "Nine Cardinal Principles" from Sarawak's own 1941 rules. Both North Borneo and Sarawak leaders shared their requests through a group called the Malaysian Solidarity Consolidation Committee (MSCC). The local councils in North Borneo and Sarawak agreed to join Malaysia in September 1962, as long as their special interests were protected.

However, it's interesting to note that the original document for the 18-point agreement has not been found as of 2014.

Sarawak's 18 Key Requests

Here are the 18 points Sarawak asked for when joining Malaysia:

1. Religion

Sarawak agreed that Islam could be the national religion of Malaysia. However, Sarawak wanted to have no official religion within its own state. Rules about Islam in Malaya's Constitution should not apply to Sarawak.

2. Language

Malay should be the national language for all of Malaysia. But English should remain the official language for Sarawak.

3. Constitution

Sarawak agreed that Malaya's Constitution would be the base for Malaysia's. But they wanted a completely new Constitution for Malaysia. It should be written for a group of states joining freely, not just as changes to an old one. Sarawak also needed its own new Constitution.

4. Head of Nation

The Governor of Sarawak should not be able to be chosen as the Head of Nation for Malaysia.

5. Name of Federation

The new country's name should be "Sarawak, Federation Of Malaysia".

6. Immigration Power

The main government should control who enters Malaysia from outside. But for people to enter Sarawak, the Sarawak Government must also agree. The main government should not stop people from entering Sarawak for government work, unless it's for safety reasons. Sarawak wanted full control over people moving into Sarawak from other parts of Malaysia, unless they worked for the main government.

7. Right to Leave

Sarawak wanted the right to leave Malaysia if it wished.

8. Borneanisation

More people from Borneo should be quickly appointed to government jobs.

9. British Officers

British officers working in Sarawak's government should be encouraged to stay. This would give time for qualified Sarawak people to take their places.

10. Citizenship

Rules for citizenship in Sarawak should follow the Cobbold Commission's report, with some changes. For example, a five-year residency rule should not apply. Also, a person born in Sarawak after Malaysia is formed should automatically be a Malaysian citizen.

11. Tariffs and Finance

Sarawak wanted to control its own money, development plans, and taxes. It also wanted the right to create its own taxes and borrow money on its own.

12. Head of Government

The Premier (Sarawak's leader) should be chosen by the official members of the Council Negri (Sarawak's legislative body). Sarawak should also have a proper system with ministers.

13. Transitional Period

Sarawak wanted a ten-year period after joining Malaysia. During this time, Sarawak's Constitution should give it law-making power, not just have it given by the main government.

14. Education and Health

Sarawak's current healthcare and education systems should be kept. For this reason, they should be controlled by Sarawak.

15. Constitutional Safeguards

The main government should not change or remove any special protections given to Sarawak without Sarawak's clear agreement. Only the people of Sarawak should have the power to change Sarawak's own Constitution.

16. Representation in Parliament

The number of representatives Sarawak has in the Malaysian Parliament should consider its population, size, and future potential. It should not be less than North Borneo or Singapore.

17. Name of Head of Sarawak

The head of Sarawak should be called "The Governor of Sarawak".

18. Land, Forests, Local Government

Rules in the Malaysian Constitution about the National Land Council should not apply to Sarawak. Also, the National Council for Local Government should not apply to Sarawak.

How the Requests Were Included

An Inter-Governmental Committee (IGC) was set up to figure out how to put these requests into the Malaysian Constitution. The IGC's final report came out in February 1963. This report included the demands from both North Borneo (20 points) and Sarawak (18 points). Sarawak's Council Negri approved the IGC report on 8 March 1963. North Borneo's council approved it on 13 March.

On 9 July 1963, the Malaysia Agreement was signed in London. Then, on 22 July 1963, the Malaysia Act 1963 was passed in the British Parliament. Malaysia was officially formed on 16 September 1963. The old Malayan Constitution was changed to become the Constitution of Malaysia. Some of the IGC's ideas were included, but the right to leave Malaysia and the "Nine Cardinal Principles" from Sarawak's 1941 rules were not.

Article 161E of the Malaysian Constitution states that the governors of North Borneo and Sarawak must be asked before certain parts of the Constitution are changed. These include citizenship rules, how judges are appointed, financial arrangements, and the use of religion and languages in Borneo states.

Citizenship

People born and living in Sarawak automatically become Malaysian citizens. Those who have lived in Sarawak or other parts of Malaysia for seven out of the past ten years, and have good character, can also become citizens.

Education

Even though education is a federal matter, Sarawak still controls its own education system. Knowing the Malay language is not a must for applying for religious or other education chances in Sarawak. The federal parliament can only start making laws to limit the use of English in Sarawak ten years after Malaysia was formed.

Immigration

Even though immigration is a federal matter, the main government should not allow people into Sarawak without the Sarawak government's approval.

Federal Constitution

To change the federal Constitution, two-thirds of the members in the House of Representatives must agree.

Parliament Representation

Sarawak was given 24 out of 159 seats in the House of Representatives. Sarawak is also represented by two members in the Federal Senate.

Legal Department

Sarawak has its own legal department with a state attorney-general.

Religion

The Malaysian federal Constitution protects religious freedom for everyone. To pass any law that limits or controls how other religions are shared with Muslims, two-thirds of Sarawak's Council Negri must agree. The federal government cannot give money to Muslim institutions or religious education in Sarawak without Sarawak's approval.

Sarawak Constitution

Sarawak continues to call its Executive Council the "Supreme Council" and its Legislative Assembly the "Council Negri". The King of Malaysia (Yang di-Pertuan Agong) chooses Sarawak's head of state after talking with Sarawak's Chief Minister.

State Powers

Sarawak has the power to make laws about Muslim Law, Native Law and Customs, land, farming, forests, local government, electricity, state works, water, state machinery, state holidays, turtles, and river fishing. Sarawak can also collect sales tax. It receives certain taxes and grants from the federal government. However, Sarawak cannot borrow money unless its state law allows it, and usually needs federal government approval for loans.

Shared Powers

The federal government and Sarawak's government work together on social welfare, scholarships, national parks, animal farming, town planning, public health, and irrigation.