Term to describe July 22 event still speculative

THE Sarawak Government Almanac lists festivals of all descriptions. Some of them have been declared public holidays by the state government, others have not.

Those wishing for recognition by the authorities under the Public Holidays Ordinance Cap 8 (1958), keep your fingers crossed.

One celebration just concluded was the 22nd day of this month. Since the publication of the Sarawak Gazette Notification dated May 20, 2016, declaring the 22nd day of July of each year as ‘Sarawak Independence Day’, there have been various reactions and comments from some readers of this column.

Many of them would like to know about the rationale for the insertion of the phrase ‘to be known as the ‘Sarawak Independence Day’ to describe the 22nd day of July of each year.

As a local history enthusiast, I am concerned about how this word ‘independence’ is going to be understood by the historians. I wish to refer to the media statement made by leaders of the Sarawak United People’s Party (SUPP) in Miri (The Borneo Post: July 20, 2024). They declared their support for the inclusion of ‘Sarawak Day history’ in the school curriculum.

I wonder which of the two – ‘Sarawak Day’, or ‘Sarawak Independence Day’ – would be taught as History as the correct version, and hope that there would be no mistake over the correct answer to a question in an examination.

During this year’s commemoration of July 22, people are wondering why only the term ‘Sarawak Day’ has been used by organisers of events and advertisers to celebrate the day. The term ‘Sarawak Independence Day’ was widely used by certain non-governmental organisations (NGOs) flying the original Sarawak flag.

Some of my readers have asked me to explain the use of the word ‘independence’. Of all people, they ask a columnist why!

A tall order, but I will oblige the best I can. By chance, a reader sent me a copy of The Borneo Post of July 27, 2020.

At first glance, it looked like a trivial matter to discuss in public. However, on second thought, it would not, I hope, harm anybody, if I were to chip in with my point of view, for what it is worth.

It is crystal clear in terms of what the government of the day in Sarawak wanted to make of the 22nd of July. The government had declared that with effect from the 22nd July of 2016, there would a public holiday to mark the day when Sarawak, for the first time, had achieved the capability to form a ministerial form of government after the conclusion of a general election in 1963.

Tan Sri Datuk Amar Stephen Kalong Ningkan was appointed the first Chief Minister of Sarawak to head a cabinet of ministers called the Supreme Council to rule Sarawak as a country.

In my opinion, by then-Sarawak had achieved an internal self-government, having its own constitution, its own vital organs or institutions of government (law-and-order enforcement agencies: the Sarawak Constabulary and other security apparatus), its own Treasury and Inland Revenue Department, its own Customs and Excise Department, its own Immigration authorities, its own trade and business outlets overseas – to mention the major organs of government.

And it had its own flag!

According to a constitutional lawyer, Prof S.A. de Smith: “Internal self-government falls short of independence in so far as it implies the absence of full international personality and of statute of Westminster legal status (extract from page 56 of ‘The New Commonwealth and its Constitutions’ – Stevens & Sons, London, 1964).”

It is true that, on the 23rd of July 1963, no foreign country had rushed to congratulate Sarawak for achieving independence. As far as I know, no law had been enacted in the House of Commons in London to declare Sarawak as an independent country in the Commonwealth, nor was there a legislation enacted in Sarawak itself (subject to correction) to declare Sarawak independent of Great Britain.

No need for diplomatic recognition yet. We were in the state of inchoate – a form of political independence known a self-government. Singapore had achieved that same status earlier, in 1959.

Why not full independence?

Blame a momentous event in South East Asia in the 1960s during which a new country was created – it is the Federation of Malaysia.

Sarawak was merged with the Federation of Malaya (independent from Great Britain in 1957), self-governing Singapore (1959) and the British colony of North Borneo, into a new Federation of States called the Federation of Malaysia. This would be a new nation within which Sarawakians, as citizens, were assured that they would get ‘independence of sorts’ within that new federation.

And that’s just what we got!

It is my guess that the people ruling Sarawak in May 2016 must have carefully thought of the possible consequences of their decision to use the term ‘independence’ while drafting the Government Gazette of May 20, 2016.

I had no chance to ask the then-chief minister, the late Pehin Sri Adenan Satem, about the word ‘independence’ in the Gazette Notification. He might have cleared the air if he was still with us today.

Perhaps, his former cabinet colleagues and government officials involved in the drafting of the Gazette Notification might throw some light on the subject.

Any Cabinet decision or a memorandum containing handwritten minutes from the Chief Executive regarding this subject of ‘independence’ would be a precious heritage for Sarawak. The Heritage Society people are recommended to look for this piece of history, if it ever existed at all.

For those readers who are still curious about this subject, the two Citations in the Sarawak Government Gazette dated May 20, 2020, are relevant to the present discussion. They are set out as follows:

“1. This Notification may be cited as the Public Holiday (Sarawak Independence Day) Notification, 2016.

“2. The 22nd day of July in every year commencing from the year 2016 has been appointed to be observed as a public holiday in Sarawak to be known as the Sarawak Independence Day, in addition to the days mentioned in the First Schedule to the Ordinance.”

It is this phrase ‘to be known as the Sarawak Independence Day’ that has caused some problems for the history buffs to explain to their friends.

So the answer to the question ‘which term better describes the sentiment of the Sarawakians who were in authority at the time’, is speculative, at this stage. Unless and until that is known to the public at large, people will continue to talk about ‘independence’ because they are curious.

A headache for the chroniclers!

It is my personal opinion that the two terms may be used interchangeably in ordinary conversations and in writing. I do not think there will be any problem with the criminal law in this country for ordinary users without ulterior motives.

Isn’t it possible for the government to amend the gazette notification to make it absolutely clear that the Sarawak Day falling on July 22 each year is recognised only as Sarawak Day? Or else, announce some official policy to say that the word ‘independence’ as appearing in the Gazette Notification of May 20, 2016 does not carry any ambiguous connotation.

Come July 22 next year, there will be no pointing of fingers at people who may wear T-shirts with ‘independence’ written on them, or at those who fly the original Sarawak flag (with the five-pointed crown), as being ignorant of Sarawak’s political history.

* The opinions expressed in this article are the columnist’s own and do not reflect the view of the newspaper.