Response to a Report that caning was carried out in Tawau
A Joint Press Statement
We refer to the recent statement by the Mufti of Sabah in support of public caning in the state of Terengganu and his alleged remarks suggesting that such practices were previously carried out in Tawau, Sabah.
Such assertions are not only misleading but also deeply troubling as they undermine the secular principles enshrined in the State Constitution of Sabah and the rule of law that governs ~ the federation as agreed to under the Malaysia Agreement 1063 (MA63).
Under MA63, Sabah is not legally an Islamic state.
It was agreed that while Malaysia is a federal constitutional monarchy where Islam is the official religion of the Federation as stipulated in Article 3(1) of the Federal Constitution, this does not make Malaysia, or any of its individual states, an Islamic state in a theocratic sense.
The application of Sharia laws to Sahahans be they Muslim or not, is a violation of human rights and MA63 special rights that Sabah has no state religion as it was to be a secular state.
The breach of human rights is protected by international law under the UN Charter of Human Rights where it is stated that no one should be treated inhumanely and degradingly.
The Human Rights Declaration adopted by the General Assembly in 1975 states that torture and other cruel, inhuman, or degrading treatment is a violation of human rights.
Sabah Is Not and Will Never Be an Islamic State
Sabah is a state within the Federation of Malaysia that operates under a secular framework. The Malaysia Agreement 1963 (MA63) guarantees Sabah’s autonomy, particularly on matters concerning religion.
The assertion or insinuation that Sabah could adopt practices akin to those in Terengganu is not only unconstitutional but also an affront to the multicultural and multireligious harmony of our state.
The notion of implementing public caning in Sabah is wholly inconsistent with the 1963 Sabah Constitution (illegally amended), which guarantees equality before the law and the freedom of religion for all communities. Sabah’s governance is rooted in civil law, not Shariah law. Any attempt to introduce such measures would constitute a clear violation of the constitutional rights of Sabahans.
The Silence of the State Government is Concerning
The silence of the Sabah State Government on this matter raises legitimate concerns.
Does this silence imply agreement or condoning of the Mufti’s assertion?
We urge the State Government to immediately clarify its position and reaffirm Sabah’s commitment to the rule of law, secular governance, and the principles of the Malaysia Agreement 1963.
Our Call to Action
We call upon the State Government to categorically reject the Mufti’s statement and reaffirm Sabah’s secular framework and constitutional autonomy.
We urge all Sabahans to remain vigilant in safeguarding our state’s unity, harmony, and secular identity.
Sabah has always been a beacon of cultural and religious diversity, and we will not allow any party to undermine our shared values or impose practices that have no place in our Constitution or society.
The imposition of Sharia law in Sabah or Sarawak would be one of the multiple federal fundamental breaches of the founding principles of Malaysia and render MA63 no longer binding.
Bopimafo and SSRANZ do not object to Malayans making Malaya an Islamic state but they object to any imposition of a state religion on their territories and urge Sabahans and Sarawakians to re-assess the value and benefit for their countries to remain in Malaysia and that of seeking independence.
Daniel John Jambun
President Borneo's Plight in Malaysia Foundation (BoPiMaFo)
Robert Pei
Sabah Sawarak Right Australia New Zealand (SSRANZ)