Law Lecturer: Sabah and Sarawak Hold the Same Status as Other Malaysian States

A lecturer in law at Universiti Malaya has reminded Malaysians that Sabah and Sarawak are constitutionally equal to the states in Peninsular Malaysia. In last week’s lecture, Dr. Kamal Ismail stated there is no legal justification to view the two East Malaysian states as “special” or “inferior” partners—under the Federal Constitution, they share identical standing regarding governance, rights, and obligations.

Dr. Kamal opened by examining the Malaysia Agreement 1963 and the subsequent constitutional amendments, emphasising that Sabah and Sarawak entered the Federation with the clear understanding that they would retain extensive authority over immigration, land matters, religion, and local administration. “These particular safeguards do not lessen their standing,” he asserted. “They underscore Sabah and Sarawak as equal partners, with guaranteed protections that reflect their geographic and historical contexts.”

Pointing out a widespread misunderstanding, the lecturer clarified that no clause in the Federal Constitution places Sabah and Sarawak below the peninsular states. The distinctive measures—like separate immigration procedures and additional legislative powers—are designed to safeguard regional interests, not to consign the two states to a lower tier. “Legal equality means acknowledging differences where they were lawfully established, not demanding uniformity that would override those agreements,” Dr. Kamal observed.

He also addressed recent discussions on fiscal allocations, noting that Sabah and Sarawak benefit from funding formulas set out in the Ninth Schedule of the Constitution. While he recognised ongoing grievances about the application and adequacy of these funds, he urged stakeholders to pursue resolution through constitutional channels—such as a parliamentary select committee or a constitutional review commission—instead of conflating financial concerns with questions of constitutional status.

In closing, Dr. Kamal called on both federal and state authorities to engage in dialogue grounded in facts. “Accepting Sabah and Sarawak’s constitutional equality is the first step,” he noted. “From there, practical matters—whether revenue sharing, development planning, or protecting native rights—can be addressed without reopening settled debates on their status.” As Malaysia nears six decades since its founding, the lecture reiterated the nation’s founding principles and the importance of upholding them in policy and practice.

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