Sarawak’s push to move tourism to Concurrent List faces ‘a bit of objection’, still unresolved under MA63

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By Karen Bong

KUCHING, March 6: Sarawak’s proposal to move tourism from the Federal List to the Concurrent List under ongoing negotiations on the Malaysia Agreement 1963 (MA63) has met with some objections, with the federal government still deliberating on the matter without reaching a final resolution.

Minister of Tourism, Creative Industry and Performing Arts Dato Sri Abdul Karim Rahman Hamzah said Sarawak remains firm in its position that tourism should be placed under the Concurrent List so that responsibilities can be shared between the federal and State governments.

“These are the ones that we are still facing a little bit of objection. The federal government is still pushing it here and there,” he told reporters during a press conference after officiating the WAK Festival 2026 Call for Proposal Media Launch at Ridgeway, Jalan Ong Tiang Swee here today.

Despite the objections, Abdul Karim stressed that Sarawak and Sabah are not seeking full control over tourism, but instead want a collaborative arrangement with the federal government.

“We don’t want to take everything. We want to share it with the federal government. That’s why Sabah and Sarawak propose that tourism be moved from the Federal List to the Concurrent List

“We are not asking for too much, not like some politicians will say, Sarawak wants to take everything. These are things which we want to share together, for the good of the nation,” he said.

He expressed confidence that negotiations could eventually lead to a resolution, but cautioned that legal action could be considered if discussions fail.

“The last resort, if we cannot resolve it, we will have to bring it to court. I am very sure if it is brought to court, the court will decide that it should be in the State List. But we do not want it to be in the State List, we want it to be shared with the federal government,” he added.

The issue of devolving tourism powers was raised during the March 2 meeting of the Malaysia Agreement 1963 Implementation Action Council (MTPMMA63), which Abdul Karim attended.

“We are trying to get tourism to be shared between the federal government and the State government. As it is now, tourism is parked under the Federal List, which the State is not very happy about, and Sabah also,” he said.

Abdul Karim explained that when MA63 was signed in 1963, governance matters were divided into three constitutional categories, namely the Federal List, the State List and the Concurrent List.

He said the Federal List typically covers national matters such as security, immigration, health and education, while the State List deals with issues related to land and natural resources.

“At that time, tourism was not seen as important. Nobody cared much about tourism then and they did not see it as an industry that could generate a lot of money,” he said, noting that its economic value only became clearer later as countries such as Thailand began aggressively developing their tourism sectors.

According to him, the federal government later amended the Federal Constitution of Malaysia in 1994 to place tourism under the Federal List.

However, he argued that the amendment should have involved consultation with the states, as it directly affected their rights.

“In 1994, the federal government amended the constitution quietly and parked tourism under the Federal List. Under the constitution, anything that affects the states must be consulted with the states. Consent must be given, but it was not done then,” he said.

He added that from a legal standpoint, any subject not listed under the Federal, State or Concurrent lists would fall under what is known as the Residual List, which by convention becomes a State matter.

“Any law lecturers or professors will tell you that if a subject is not in the Federal List, not in the State List and not in the Concurrent List, it is deemed to be in the Residual List and that automatically makes it a State matter,” he explained.

Deputy Youth and Sport Development Minister Datuk Gerald Rentap Jabu, permanent secretary to MTCP Datu Sherina Hussaini, Padawan Municipal Council (MPP) chairman Tan Kai, WAK Festival director Donald Tan and Sarawak Tourism Federation assistant secretary general Awang Saifeluddin Awangku Karim were among the distinguished guests present at the event. — DayakDaily

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