Kota Kinabalu: Parti Solidariti Tanah Airku (Star) President Datuk Seri Dr Jeffrey G Kitingan stressed that Sabah must never compromise on its autonomy and sovereign rights over immigration matters.
He said the “No Compromise” principle should also apply to all other sovereign rights agreed upon during the formation of Malaysia in 1963 and entrenched in the Inter-Governmental Committee (IGC) Report and the Federal Constitution.
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“The Sabah government and its leaders should emulate the firm stance consistently demonstrated by Sarawak leaders in safeguarding Sarawak’s rights, as well as adopt the same determination shown by the Sabah Immigration Service Officers Union (Kesatuan Perkhidmatan Pegawai Imigresen Sabah-KPPIS) in defending Sabah’s legitimate and sovereign interests,” he said in a statement, Thursday.
He commended KPPIS and Sabah immigration officers for voicing concerns that Sabah’s immigration autonomy could be eroded through the implementation of the Malaysia Border Control and Protection Agency Act 2024 (Act 860), also known as AKPS.
Jeffrey said the concerns raised by KPPIS had prompted the Sabah government to place the implementation of Act 860 and AKPS in Sabah on hold.
“Sabah’s autonomous powers over immigration are not only enshrined in national laws but have also been upheld and enforced through court decisions.”
He noted that Act 860 does not only affect immigration matters, but also impacts the powers of Sabah agencies such as the Sabah Department of Agriculture (DOAS) and the Department of Veterinary Services (DVS), particularly in areas involving licensing, importation and quarantine of agricultural inputs, produce and livestock.
Prior to AKPS, both departments exercised full control and played a crucial role in protecting Sabah from external threats and diseases.
Under AKPS, however, these agencies would fall under the purview of the federal agency, creating the risk of Sabah’s authority being overridden by federal decisions.
Jeffrey further pointed out that beyond AKPS, several other federal laws have encroached upon Sabah’s sovereign and autonomous rights. He said some should be immediately suspended pending their total rejection.
Among the laws cited were the Territorial Seas Act, Continental Shelf Act, Petroleum Development Act 1974 (PDA74), and Petroleum Mining legislation.
He also highlighted provisions within the Sabah Labour Ordinance that had been federalised despite matters relating to labour in Sabah being intended to remain under local legislative authority as provided under the IGC Report, which forms part of the Federal Constitution.
Another critical issue raised by Jeffrey was the registration of Sabahans. He stressed that the Sabah government should proactively implement measures to recognise the legality and sovereignty of Sabah nationality.
He said the determination of Sabah nationality should first be decided by the Sabah Government before being transmitted to the National Registration Department (JPN) for recognition as Malaysian citizens.
Similar to Sabah’s immigration autonomy, it should not be the role of JPN to determine Sabah nationality.
