18-point agreement

The 18-point agreement, or the 18-point memorandum, was a list of 18 points drawn up by Sarawak, proposing terms to form Malaysia, during negotiations prior to the creation of the new federation in 1963.

A Commission of Enquiry, headed by Lord Cameron Cobbold, and The Lansdowne Committee, an inter-governmental committee, were appointed to aid in the drafting of the Malaysia Agreement. Lord Lansdowne served for Britain and Tun Abdul Razak, Deputy Prime Minister of the Federation of Malaya, served for Malaya.[1] The 18 points were based on the Nine Cardinal Principles of the rule of the English Rajah.[2][3] A similar memorandum, known as the 20-point agreement, was prepared and submitted by North Borneo. The 18-point agreement often serves as a focal point amongst those who argue that Sarawak's rights within the Federation have been eroded over time like Sabah.

The agreements, which can be found in the Proclamation of Malaysia and also the Cobbold Commission reports, stated the conditions and rights that were meant to safeguard the autonomy and the special interest of the people of Sabah and Sarawak, protecting, among others, these regions’ rights on religion, language, education, administration, economy and culture.

The 18 points

Point 1:Religion

Islam is the official religion of the federation while Sarawak should not have any official religion. The Federal Constitution cannot be applied in Sarawak. [4]

Point 2: Language

Malay should be the national language of the Federation. English should be used for a period of 10 years after Malaysia Independence Day. [5]

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. A new Constitution for Sarawak was of course essential. [6]

Point 4: Head of Federation

The Head of State in Sarawak should not be eligible for election as Head of the Federation. [7]

Point 5: Name of Federation

Name of Federation is "Malaysia", not "Melayu Raya". [8]

Point 6: Immigration Power

Control over immigration into any part of Malaysia from outside should rest with the Central Government but entry into Sarawak should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into Sarawak for State Government purposes except on strictly security grounds. Sarawak should have unfettered control over the movements of persons other than those in Federal Government employ from other parts of Malaysia into Sarawak. [9]

Point 7: Right of Secession

Sarawak has no right to secede from Malaysia. [10]

Point 8: Borneanisation

Borneo officers appointed should be locals. [11]

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 people of the relevant state. [12]

Point 10: Citizenship

The recommendation in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the state of Sarawak subject to the following amendments: [13]

• 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.

Point 11: Tariffs and Finance

Sarawak should retain control of its own finance, funds, development and tariff. [14]

Point 12: State Government

• a) the Prime Minister should be elected by unofficial members of Legislative Council,
• b) There should be a proper Ministerial system in Sarawak. [15]

Point 13: Transitional Period

There should be seven years and during such period legislative power must be left with the State of Sarawak by the Constitution and not be merely delegated to the State Government by the Federal Government (that period is over). [16]

Point 14: Education

The existing educational system of Sarawak should be maintained and for this reason it should be under state control (Sarawak education system, Sarawak State Legislative Assembly has integrated education into the national system on 6 July 1976). [17]

Point 15: Constitutional safeguards

No amendment modification or withdrawal of any special safeguard granted to Sarawak should be made by the Central Government without the positive concurrence of the Government of the relevant state. [18]

Point 16: Representation in Parliament

This should take account of the population of Sarawak, its size and potentialities and in any case should not be less than that of Singapore. [19]

Point 17: Name of Head of State

Name of Head of State for Sarawak is "yang Dipertuan Negara". [20]

Point 18: 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 Sarawak. Likewise, the National Council for Local Government should not apply in Sarawak. [21]

See also

• 20-point agreement
• Malaysia Act 1963

References

1. Bastin, John Sturgus (1979). Malaysia; Selected Historical Readings. Ann Arbor: University of Michigan Press. ISBN 9783262012165.
2. Rawlins, Joan (1965). Sarawak - 1839 to 1963. Macmillan & Company, (Original from the University of Michigan Press. p. 240.
3. Sarawak Constitution
4. "Perkara 18 Sarawak".
5. "Perkara 18 Sarawak".
6. "Perkara 18 Sarawak".
7. "Perkara 18 Sarawak".
8. "Perkara 18 Sarawak".
9. "Perkara 18 Sarawak".
10. "Perkara 18 Sarawak".
11. "Perkara 18 Sarawak".
12. "Perkara 18 Sarawak".
13. "Perkara 18 Sarawak".
14. "Perkara 18 Sarawak".
15. "Perkara 18 Sarawak".
16. "Perkara 18 Sarawak".
17. "Perkara 18 Sarawak".
18. "Perkara 18 Sarawak".
19. "Perkara 18 Sarawak".
20. "Perkara 18 Sarawak".
21. "Perkara 18 Sarawak".

Further reading

• Allen, J. de V.; Stockwell, Anthony J. (1980). Wright., Leigh R. (ed.). A collection of treaties and other documents affecting the states of Malaysia 1761-1963. Oceana Pubns. ISBN 978-0379007817.
• An Agreement Forged and Forgotten, Borneo Post
• The 18 Point Agreement Revisited, Borneo Post