2021 amendment to the Constitution of Malaysia facts for kids

Quick facts for kids Constitution (Amendment) Act 2022
Parliament of Malaysia
An Act to amend the Federal Constitution.
Citation	Act A1642
Territorial extent	Malaysia
Enacted by	Dewan Rakyat
Date passed	14 December 2021
Enacted by	Dewan Negara
Date passed	23 December 2021
Date of Royal Assent	19 January 2022
Date commenced	11 February 2022
Legislative history
Bill introduced in the Dewan Rakyat	Constitution (Amendment) Bill 2021
Bill citation	D.R 11/2021
Introduced by	Wan Junaidi bin Tuanku Jaafar
First reading	3 November 2021
Third reading	14 December 2021
Bill introduced in the Dewan Negara	Constitution (Amendment) Bill 2021
First reading	21 December 2021
Second reading	23 December 2021
Third reading	23 December 2021
Related legislation
Constitution (Amendment) Act 1976 Constitution (Amendment) Bill 2019
Summary
To restore the constitutional status of Sabah and Sarawak according to the Malaysia Agreement.
Status: In force

The Constitution (Amendment) Act 2022 is a special law that changed the Constitution of Malaysia. This law made Sabah and Sarawak equal partners with Malaya within Malaysia. It was created to follow the Malaysia Agreement of 1963, often called MA63.

This important law was approved by everyone in the Dewan Rakyat (which is like the main elected house of Malaysia's Parliament) on December 14, 2021. It officially started working on February 11, 2022, after getting the King's approval, known as royal assent.

Why Was This Amendment Needed?

The 2019 Attempt to Change the Constitution

Back in 2019, a different government, called Pakatan Harapan, tried to make a similar change. They wanted to update Article 1(2) of the Constitution. This part of the Constitution talks about how Sabah and Sarawak are part of Malaysia. The goal was to use the original words from 1963, which said Sabah and Sarawak were "constituent territories."

Even though most members of Parliament supported this change, it didn't pass. To change the Constitution, a law needs at least two-thirds of the votes. The 2019 attempt didn't get enough votes.

New Efforts in 2021 to Update the Law

After the government changed, Prime Minister Ismail Sabri Yaakob announced new plans on September 16, 2021. He wanted to look into issues important to Sabah and Sarawak. He set up a special group called the Special Council on Malaysia Agreement 1963.

Prime Minister Ismail led the discussions in this council. The Chief Ministers of Sabah and Sarawak were also part of it, along with eight federal ministers. They worked together to find solutions for these important issues.

What the Special Council Agreed On

On October 19, 2021, Minister Maximus Ongkili shared some exciting news. He was the Minister in charge of Sabah and Sarawak Affairs. The Special Council on Malaysia Agreement 1963 had agreed to propose changes to the Federal Constitution.

These changes would update Articles 1(2) and 160(2). The main goal was to make Sabah and Sarawak equal partners with Peninsular Malaysia. The council also agreed that the governments of Sabah and Sarawak should be able to give out deep-sea fishing licenses. Before this, only the federal government could do that.

Key Changes in the 2022 Act

The changes to the Constitution were officially presented by Minister Wan Junaidi on November 3, 2021. He was the Minister for Law and Parliament. The new law included four main updates:

• Article 1(2) Change: This part was changed to clearly say that Sabah and Sarawak are "territories" of Malaysia. This brings back the original meaning from 1963.
• Defining Malaysia Day: A new part was added to Article 160(2). It officially defines Malaysia Day as the day Sabah and Sarawak joined the Federation of Malaysia.
• Updating Federation Definition: The definition of "the Federation" in Article 160(2) was also updated.
• Natives of Sabah and Sarawak: Changes were made to Article 161A. This article talks about who is considered a native person in Sabah and Sarawak.

What Changed for Sarawak Natives?

One important change in Article 161A was removing Article 161A(7). This old part had a specific definition of a native of Sarawak that was set by the federal government. By removing it, the Sarawak state government now has the power to decide who is considered a native of Sarawak.

This change was very welcomed by groups like the Dayak Chamber of Commerce and Industry. They called it a "dream come true." It means the Sarawak government can now include children from mixed marriages and members of native tribes not listed before.

Before this change, there were some problems. For example, under the Sarawak Land Code, a native parent could not transfer land to their child if the child was from a mixed marriage and not considered a native under the old law. The new amendment helps fix these kinds of issues.

The Law's Approval and Impact

On December 14, 2021, after six hours of discussion, the proposed changes were approved. The Dewan Rakyat voted unanimously, with 199 votes in favor. Only 21 members of Parliament did not vote.

The law officially started on February 11, 2022. A few days later, on February 15, 2022, the Sarawak State Legislative Assembly made its own changes. They changed the title of their state's head of government from "Chief Minister" to "Premier."

Sarawak state Minister Dato Sri Abdul Karim Rahman Hamzah explained this change. He said it shows that Sarawak is now seen as a province of Malaysia, equal in status to Malaya and Sabah. This change fits perfectly with the new federal constitutional amendments.

See also

• List of amendments to the Constitution of Malaysia