Article 95E.

(4) - Sarawak Rights for Professional advice on Agriculture

The present economy of Sarawak in 1963 is overwhelmingly rural. Agriculture is

characterized by primitive methods and infertile soil. Trade with the outside world is of
paramount importance due to the external orientation of economic activity.2 Export income is
at the mercy of wide short-term price fluctuations for the three major exports - rubber, timber
and pepper - and the endemic world trends in price for primary produce. Each of the five
Divisions of Sarawak trades more with the outside world than with its neighbours. The Fiscal
Survey by Prof. Silcock in 1956 concluded that almost half the total value of goods and
services was imported. The Government estimated per capita income in 1961 to have been
about $600 (Malayan dollars) or £90 (Australian), the comparable approximation for Malaya
being $800.

IGC REPORT
Land
22.(6) The last phrase of Article 94 (1), which reads "and the agricultural and forestry officers
of any State shall accept any professional advice given to the Government of that State under
this Clause", should not apply to the Borneo States and instead provision should be made that
the heads of the Agriculture and Forestry Departments of those States shall consider any
professional advice given to the Government of that State under Article 94 (1).

Annex A
LEGISLATIVE LISTS, ADMINISTRATIVE ARRANGEMENTS AND
ASSURANCES
General
It is accepted that in the early years after the establishment of Malaysia as few changes as
possible should be made in the administrative arrangements in the Borneo States affecting the
day to day lives of the people. During this period certain Federal powers should be delegated
to the State Governments. Some administrative details have been included. Others remain to
be worked out.

Legislative Lists as in the Ninth Schedule to the Federation of Malaya Constitution

List I. Federal List
12. Surveys, inquiries and research, including –
(c) (ii) Agricultural and Forestry Research; (Concurrent)
If the Federation Government accepted responsibility for any part of the work there should
be a devolution of responsibility to the Head of Department concerned for the day to day
research to be carried out on the ground.

List II. State List

3. Agriculture and forestry, etc.
The Government of North Borneo should not without the concurrence of the Federal
Government amend the Rubber Industry Replanting Fund Ordinance, 1954, to alter the
minimum or maximum rates of cess, nor should the Government of Sarawak alter the rate of
rubber cess without the concurrence of the Federal Government.

MALAYSIA AGREEMENT 1963

Exclusion of Borneo States and Singapore from national plans for land utilisation, local
government , development, etc. (Article 95E)
43.(1) In relation to a Borneo State and in relation to Singapore, Articles 91, 92, 94 and 95A
shall have effect subject to the following Clauses.
(2) Subject to Clause (5), under Article 91 and under Article 95A the State government
shall not be required to follow the policy formulated by the National Land Council or
by the National Council for Local Government, as the case may be, but the representative
of the State shall not be entitled to vote on questions before the Council.
(3) Under Article 92 no area in the State shall be proclaimed a development area for the
purposes of any development plan without the concurrence of the Ruler or Governor.
(4) Subject to Clause (5), under Clause (1) of Article 94 (under which in respect of matters in
the State List the Federation may conduct research, give advice and technical assistance, etc.)
the agricultural and forestry officers of a Borneo State shall consider, but shall not be
required to accept, professional advice given to the government of the State.
(5) Clause (2) shall cease to apply—
(a) as regards Article 91, to Singapore if Parliament so provides with the concurrence of the
Governor ; and
(b) as regards Article 95A, to any State, if Parliament so provides with the concurrence of
the Legislative Assembly.
(6) For each representative of a Borneo State or of Singapore becoming entitled, by virtue of
Clause (5), to vote on questions before the National Land Council or National Council of
Local Government, one shall be added to the maximum number of representatives of the
Federal Government on that Council.
List IIlA.—Supplement to Concurrent List for Borneo States
14. Agricultural and forestry research, control of agricultural pests, and protection against
such pests ; prevention of plant diseases.

FEDERAL CONSTITUTION
Composition of Senate
45. (2) The members to be appointed by the Yang di-Pertuan Agong shall be persons who in
his opinion have rendered distinguished public service or have achieved distinction in the
professions, commerce, industry, agriculture, cultural activities or social service or are
representative of racial minorities or are capable of representing the interests of aborigines.

National Land Council

91. (5) It shall be the duty of the National Land Council to formulate from time to time in
consultation with the Federal Government, the State Governments and the National Finance
Council a national policy for the promotion and control of the utilization of land throughout
the Federation for mining, agriculture, forestry or any other purpose, and for the
administration of any laws relating thereto; and the Federal and State Governments shall
follow the policy so formulated.
(6) The Federal Government or the Government of any State may consult the National Land
Council in respect of any other matter relating to the utilization of land or in respect of any
proposed legislation dealing with land or of the administration of any such law, and it shall be
the duty of the National Land Council to advise that Government on any such matters.

Federal powers in respect of State subjects

94. (1) The executive authority of the Federation extends to the conduct of research, the
provision and maintenance of experimental and demonstration stations, the giving of advice
and technical assistance to the Government of any State, and the provision of education,
publicity, and demonstration for the inhabitants of any State, in respect of any of the matters
with respect to which the Legislature of a State may make laws; and the agricultural and
forestry officers of any State shall accept any professional advice given to the Government of
that State under this Clause.

94.(2) Notwithstanding anything in this Constitution, the existing Departments of

Agriculture, Commissioner of Lands, Forestry and Social Welfare may continue to exercise
the functions exercised by them immediately before Merdeka Day.

Modifications for States of Sabah and Sarawak of distribution of legislative powers

95B. (1) In the case of the States of Sabah and Sarawak—
(b) the supplement to List III set out in the Ninth Schedule shall, subject to the State List, be
deemed to form part of the Concurrent List, and the matters enumerated therein shall be
deemed not to be included in the Federal List (but not so as to affect the construction of the
State List, where it refers to the Federal List).

Exclusion of States of Sabah and Sarawak from national plans for land utilization, local
government, development, etc.
95E.(4) Under Clause (1) of Article 94 (under which in respect of matters in the State List the
Federation may conduct research, give advice and technical assistance, etc.) the agricultural
and forestry officers of the State of Sabah or Sarawak shall consider, but shall not be required
to accept, professional advice given to the Government of the State.

Ninth Schedule
[Articles 74, 77]
Legislative Lists
List II—State List
3. Except with respect to the Federal Territories of Kuala Lumpur, Labuan and Putrajaya,
agriculture and forestry, including—
(a) agriculture and agricultural loans; and

List IIIA—Supplement to Concurrent List for States of Sabah and Sarawak

[Article 95B (1)(b)]

14. Agricultural and forestry research, control of agricultural pests, and protection against
such pests; prevention of plant diseases.
The real assurance for agriculture sector in Sarawak.

Recently, Minister of Agriculture and Agro-based Industry Salahuddin Ayub from Pakatan
Harapan (PH)-led government give an assurance that that bureaucracy in the agriculture
sector will be a thing of the past. In addition, he give an assurances that "the incentives,
expertise, relationship and negotiation between the federal and Sarawak governments in this
sector will be made easier" and he wanted Sarawak to be the destination of choice for modern
agriculture in order to contribute to the country’s agriculture sector.

Salahuddin said they also agreed to form a new joint committee between the federal Ministry
of Agriculture and Agro-based Industry (MoA) and the Ministry of Modernisation of
Agriculture, Native Land and Regional Development (Manred) of Sarawak. This committee
would be headed by MoA secretary-general and Manred’s permanent secretary.

Now, let us make everything constitutionally clear regarding the matter on the rights upon
agriculture in Sarawak to ensure everything can be done speedily without any political
interference and bureaucracy hindrance. Afterall, everything must be based on the “rule of
law”, especially the one derived from the IGC Report, Malaysia Agreement 1963 and Federal
Constitution to ensure the implementation of the assurance and safeguards for Sarawak
without delay.

According to the Ninth Schedule of the Federal Constitution, Item 3(a) "agriculture and
agriculture loans" is under State List. Which means, all revenue derived from agriculture
sectors in Sarawak must be return to Sarawak. Agriculture is Sarawak rights under the
Federal Constitution. Therefore, if Federal Government are thinking about setting up their
agricultural company and department in Sarawak, they must abide by all Sarawak State Law
in relation with agriculture and land use.
Under Article 95E(4), additional safeguards has been inserted in the Federal Constitution
where the agricultural and forestry officers of the State of Sabah or Sarawak shall consider,
but shall not be required to accept, professional advice given to the Government of the State.
It is up to the Sarawak Government to accept or re-formulated any advice given by MoA or
any agencies/department thereof from the Federal Government. However, this is not a
negative provisions, because through federal obligations, the Federal Government must
discharge their duty to help and advice the Sarawak Government on the matter related to
agriculture, only that Sarawak Government are not mandatory to accept such advice as
through consultation, Sarawak Government might have a better ideas on how to formulate or
re-formulated the advice given by the Federal Government. The consultation was very open
in this provision in the Federal Constitution.

Under Article 95E(2), Sarawak government shall not be required to follow the policy
formulated by the National Land Council or by the National Council for Local Government
without the concurrence of the Legislative Assembly of Sarawak (consequently
representatives from Sarawak are entitled to vote on question before the National Land
Council or National Council of Local Government). In addition, under Article 95E(3) no area
in the State shall be proclaimed a development area for the purposes of any development plan
without the concurrence of the Yang di-Pertua Negeri. Therefore, any agricultural
development plan that was proposed by the MoA and Manred must get the approval of the
Legislative Assembly of Sarawak and Yang di-Pertua Negeri. Under which, all State laws
must be abide for such agricultural development plan. If Federal Government are serious
about developing agricultural sector in Sarawak, a cabinet and ministerial level consultation
must be set-up between the Federal and State Government upon such matters.

Another item related with agriculture rights is Item 14 in List IIIA (Supplement to Concurrent
List for States of Sabah and Sarawak) which expressed "Agricultural and forestry research,
control of agricultural pests, and protection against such pests; prevention of plant diseases."
Although fall under Concurrent List, this item is subject to State List by virtue of Article
95B(1)(b) of the Federal Constitution. Therefore, the responsibility to conduct agricultural
research will be bears by the Sarawak Government and Federal Government.

It must be emphasized here that under conditional rights imposed in the IGC Report, in
relation with the "Agricultural and Forestry Research", it has been expressed that;

"If the Federation Government accepted responsibility for any part of the work, there should
be a devolution of responsibility to the Head of Department concerned for the day to day
research to be carried out on the ground."

Meaning, if MoA and Manred come to the agreement to develop agricultural development
plan in Sarawak, MoA must devolve their accepted responsibility to the Head of Department
in Sarawak for research activities to be conducted on the ground. Research activities must be
conducted by the Department in Sarawak, not by Department from the Federal Government.
The Federal Government through obligations, can give professional and expertise advice for
the Sarawak Government on the matter but it is up to the Sarawak Government also either to
accept or re-formulated the advice given.

What the Federal Government can do to shoulder their co-responsibility and to truly
accelerate the agricultural development in Sarawak is to provide research grant for agriculture
to the universities in Sarawak especially to UNIMAS, UCTS, Sarawak Agriculture
Vocational Training Institute and various other agricultural department and agencies in
Sarawak. Afterall, it has been agreed in IGC Report, 17(b) “when expansion of higher
education facilities was being considered by the Malaysian Government the requirements of
the Borneo States should be given special consideration and the desirability of locating some
of the institutions in the Borneo States should be borne in mind.”

Therefore, if the Minister of Agriculture and Agro-based Industry Salahuddin Ayub is serious
about developing Sarawak agricultural sector, he must stressed the expansion of the higher
education facilities in the field of agriculture in Sarawak must be given special consideration
and the desirability of locating some of the institutions in the Borneo States should be borne
in mind.”

This is some of the basic arrangement that has been made to safeguards and accelerate the
agricultural development plan in Sarawak, where all agricultural revenue will be return to
Sarawak Government, Federal Government providing professional advice through
consultation (not compulsory) and any agricultural development plan must be ardently
discuss at cabinet and ministerial level before it can be approve by the Legislative Assembly
of Sarawak and Yang di-Pertuan Negeri. Various implementation of Sarawak rights such as
expansion of agricultural education facilities can be done in the due process.

In addition, Borneonization policy is the main policy of public service in Sarawak where the
training and job must be prepare for Sarawakian in the field of agriculture at all level.
Together with accelerated Borneonization policy of agricultural sector in Sarawak based on
the implementation of the agreed term, we can produce many public officer with
distinguished service which then can be appointed by the Yang di-Pertuan Agong as Senator
who in his opinion have rendered distinguished public service or have achieved distinction
agricultural sector as expressed in Article 45(2) of the Federal Constitution.

Federal Government must discharge their duty to develop agricultural sector in Sarawak,
foremost must be obligation-based, not economic-based. As the revenue for agriculture in
Sarawak must all be return to Sarawak.