KUCHING: Civil action groups Rise of Social Efforts (Sarawak ROSE), Coalition for Clean and Free Elections (Bersih), Engage and Tindak Malaysia have backed the call for Sarawak, Sabah and Labuan to be given more than one-third of seats in the Senate.
In a joint statement on Saturday (Sept 21), they argued that while the demand for over-representation in both Dewan Rakyat and Dewan Negara are related, they should be addressed as separate issues that require thorough scrutiny and rational debate.
They emphasised that Malaysia Agreement 1963 (MA63) should serve as the baseline in enhancing federalism, but the consensus should also aim to exceed MA63 where appropriate.
In the statement they pointed out that Sarawak and Sabah voters, who represent 17 per cent of the national electorate, already hold 25 per cent of seats in the Dewan Rakyat.
However, increasing this to 35 per cent would worsen malapportionment and violate international standards, particularly the principle of “one person, one vote, one value” (OPOVOV).
They argued that achieving veto power through this method would be undemocratic and face significant political opposition.
The groups instead proposed a more viable solution: reforming the Dewan Negara.
They suggested that the Senate, which currently lacks significant veto power, could play a stronger role in Malaysia’s federal structure if key reforms are enacted.
These reforms should include increasing the number of senatorial seats for East Malaysia and electing senators, a provision already allowed under Article 45(4) of the 1957 Federal Constitution.
“Advocates of ‘Dewan Rakyat 35 per cent’ risk putting all their eggs in one basket, which is unlikely to be realised by the 16th General Election (GE16) due to the need for consensus within the Madani government, constitutional amendments, and constituency delimitation,” they stated.
They pointed out that under the current system, the Dewan Negara can only delay, but not veto, bills passed by the Dewan Rakyat—financial bills for one month and non-financial bills for one year.
The Senate’s lack of veto power is justified because Senators are not directly elected and do not have a popular mandate. Preventing the Senate from vetoing budgets and causing government collapse is also seen as a safeguard against budget deadlocks and frequent changes in government.
Rather than dismissing the Dewan Negara as a “rubber stamp,” the groups called for reforms to enable an entirely elected Senate, as envisioned by the drafters of the Federal Constitution in Article 45(4).
Such a Senate could act as a legitimate check and balance to the Dewan Rakyat, with the exception of vetoing budgets or removing governments.
However, they acknowledged that this reform would require thorough discussions, likely taking years to implement.
The statement further argued that veto power for East Malaysia could be established before GE16 through a simple amendment to Article 45(1), which would increase the number of senatorial seats for Sabah and Sarawak.
The exact proportion of these seats could be negotiated through cross-party consensus.
Under the current structure, existing and additional senators from Sabah and Sarawak would be elected by their respective state legislatures, allowing them to collectively veto any constitutional amendments that might undermine East Malaysia’s interests.
“This would effectively safeguard their right to veto and protect their collective interests,” they said.
The groups called on both government and opposition parties in the Dewan Negara to carefully study and debate the best proposal for giving East Malaysia veto power with Senatorial seats exceeding one-third before GE16.
They also warned against relying solely on the proposal to transfer 21 Dewan Rakyat seats from West Malaysia to Sabah and Sarawak, as suggested by former Sabah Law Society President Datuk Roger Chin.
They noted that no Malayan states would willingly concede their seats, making this approach contentious and unlikely to succeed.
“This all-or-nothing approach could hinder the prospects of achieving veto power for Sarawak and Sabah.
“In contrast, simply adding senatorial seats for East Malaysia could result in the immediate attainment of veto power in a potentially elected and empowered Senate, while simultaneously strengthening Malaysia’s federalism in the long term,” they added.
