[lg policy] Malaysia: Dewan Bahasa Dan Pustaka (DBP) can ’t impose Bahasa Malayu on Sarawak’

Tue Feb 21 17:38:27 UTC 2012

‘DBP can’t impose BM on Sarawak’
Joseph Tawie | February 21, 2012

The 18-point agreement with the Federation of Malaya in 1963 clearly
states the 'special position' of English language in Sarawak.
KUCHING: Dewan Bahasa Dan Pustaka (DBP) cannot make the Malay language
as the only official language in Sarawak, says PKR chief Baru Bian.
He said that Sarawak was “not bound to adhere” to the National
Language Act 1963/1967 which requires that Bahasa Malaysia be used for
official purposes.
He said that English holds a “special position” and still remains one
of the official languages in the state.
Bian, who is Ba’Kelalan assemblyman, was responding to DBP’s proposed
audit to assess the usage of Bahasa Malaysia as the official language
in government departments, agencies and ministries.

“With regard to the first principle of the audit, that is, the extent
of compliance with the National Language policy, I wish to point out
that Sarawak is in a special position in that English remains one of
the official languages here. “Our oft-forgotten 18-point agreement
with Malaya provides particular protection for the use of the English
language for Sabah (North Borneo) and Sarawak.“Malay should be the
national language of the federation, while English should continue to
be used for a period of 10 years after Malaysia Day.
“English should be an official language of Borneo (Sarawak and Sabah)
for all purposes, state or federal, without limitation of time,” Bian
said.
Not applicable

Article 152 of the Federal Constitution, which was commemorated at the
152 Language Day on Feb 15, states that Malay language is the national
language but everybody is free to learn and use other languages except
on official purposes involving the government, federal or state, and
any public authority.
All court proceedings, parliamentary documents and meetings must be
conducted in the Malay language.
“It may be well and good that the DBP had decided to single out
Article 152 for commemoration, but it must be borne in mind that for
Sabah and Sarawak, Article 152 cannot be read in isolation from
Article 161 in Part XIIA ‘Additional Protection for States of Sabah
and Sarawak’,” Bian said.
“Article 161 provides that ‘… no act of Parliament terminating or
restricting the use of the English language… shall come into
operation… until the Act or relevant provision of it has been approved
by an enactment of the legislature of that state.’
“This exemption preserves for Sabah and Sarawak the use of English in
the courts, the Legislative State Assembly or for other official
purposes (including the official purposes of the federal government…

“In Sarawak, the National Language Act 1963/1967 has not been approved
by an enactment by the Sarawak State Legislative Assembly and hence
its provisions do not apply here “Therefore it is not mandatory that
Bahasa Malaysia be the only language used in our government
departments and ministries, even for purposes of the federal
government,” Bian said.

Constitutional provision

Bian said that Article 161 (5) of the Federal Constitution provides
that “notwithstanding anything in Article 152, in the State of Sabah
or Sarawak, a native language in current use in the state may be used
in native courts or for any code of native law and custom, and in the
case of Sarawak, until otherwise provided by enactment of the
Legislature, may be used by a member addressing the Legislative
Assembly or any committee thereof.”

“Similarly, Article 26 (8) of the Sarawak Constitution provides that
‘for a period of 10 years and thereafter until the Legislature by law
otherwise provides, all proceedings in the Dewan may be in the English
language, and subject to the standing orders of the Dewan Undangan
Negeri, members may use any native language in addressing the Dewan.’”
Bian added that having set out the constitutional and legislative
provisions regarding the use of English and Bahasa Malaysia in
Sarawak, it did not mean that he was against the use of Bahasa
Malaysia in Sarawak.

“What concerns me is that Sarawakians must know, understand and
appreciate the uniqueness of our state and her people, and the efforts
made by our forefathers to protect and safeguard this uniqueness. “We
have a particular richness in language and culture from our various
ethnic groups, and we must value and maintain this heritage.
“Our past leaders made special provisions in the 18-point agreement to
protect our rights in recognition of the fact that even in our
diversity, we had an established sense of identity before joining the
Federation of Malaysia.

“The safeguards were formulated to enable us to retain this sense of
identity and to continue ‘to ensure that our beloved subjects shall
ultimately enjoy their inherent right to control their own lives and
destinies’ as proclaimed by Sir Charles Vyner Brooke in the first
clause of Sarawak’s first written constitution in 1941.
“These safeguards include the freedom to conduct our business in
English, Bahasa Malaysia, Chinese and the native dialects.”

Myopic view

“Sarawakians have always taken pride in our command of the English
language, and we must continue to maintain this mastery for the sake
of the future generations.
“The English language is a language which opens up the global world to
us. “It is the language of learning, and enables us to take our place
in the world scene, whether it is in business, academia, the arts,
diplomacy, research, science…“It would be a great shame and a
disservice for us and the future generations of Sarawakians to disown
or neglect a language which has served us so well,” Bian said.Whie
noting the federal government’s desire to promote the use of Bahasa
Malaysia, he said it would be a myopic view to restrict the use of
other languages in the workplace and in Sarawakian lives.

“Once a culture is lost, there is no easy way of regaining it.“Let us
not promote one particular language to the exclusion of the others.
Mastery of multiple languages is the key to education and to progress
and development in this increasingly borderless world, ” he said.

http://www.freemalaysiatoday.com/2012/02/21/dbp-cant-impose-bm-on-sarawak/
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