As two-thirds of the people of Sarawak are non-Muslims, the Association of Churches in Sarawak has called upon the state government to establish a special ministry or department to look after the affairs and interests of non-Muslims.

Association chairperson Rev Justin Wan said the guarantee of religious freedom is a fundamental constitutional right which required strong and genuine commitment from the authorities to uphold.

It cannot be achieved by infrequent acts of ad hoc benevolence, he added.

In one instance where federal government failed to uphold religious freedom, Wan highlighted the case of a Bidayuh man from Sarawak who converted to Islam when he was a minor due to parental conversion, and exercising his constitutional right to convert to Christianity when he reached majority age, only to wait over 30 years to obtain a High Court order to change particulars in his identity card.

“It is disheartening to learn that the national registration department had recently filed an appeal to the Court of Appeal against the High Court's decision.

“The Association of Churches in Sarawak urge the federal government to uphold their duty to guarantee the constitutional right of religious freedom of the people of Sarawak and the country. Only then could autonomy be truly devolved and felt by the citizens,” Wan said in a statement today.

It was previously reported last month that Kuching High Court judge Yew Ken Kie had allowed the declaration for Azmi Mohamad Azam @ Roneey to change his religion to Christianity.

Wan added that it was heart-warming to hear from the Sarawak chief minister that the state government is negotiating with the federal government for autonomy for the state and to be re-vested with powers in order to govern and administer certain interests and subject matters in the state of Sarawak in accordance with the Report of the Inter – Governmental Committee 1962 (IGC report), the Malaysia Agreement 1963 and the Federal Constitution of Malaysia 1963.

He noted that Paragraph 15(3) of Chapter 3 of the IGC report, which clearly guarantees religious freedom contained in Article 11, should be retained.

As regard to Article 11(4) which provides that “state law may control or restrict the propagation of any religious doctrine or belief among persons professing the Muslim religion", he said it was agreed that the constitutions of the Borneo states could properly provide that a law having the effect described in Article 11(4) would need to be passed by two-thirds majority vote of the total membership of the state legislative assembly.

Religious freedom an inalienable right

Wan said in a joint public statement issued by the British and Malayan governments on Aug 1, 1962 annexed to the IGC report, it was stated that “to give effect to this decision, the two governments intend to conclude, within the next six months, a formal agreement which, among other things, will provide for detailed constitutional arrangements, including safeguards for the special interests of North Borneo and Sarawak".

"As can be seen from the above pre constitutional documents and treaty, which is regarded as sacrosanct, religious freedom is an inalienable right of all Malaysians.

“During the formation of Malaysia in 1963, the people of Sarawak were accorded special constitutional safeguards in respect of religious freedom which the government of Malaysia must guarantee in accordance with the IGC report, Malaysia agreement and the federal constitution. The importance of religious freedom to a multi religious society in Sarawak could not be overstated.

“Although the federal constitution could be amended by a two-thirds majority in the Parliament, the IGC report and the Malaysia agreement which was registered with the United Nations cannot be unilaterally amended without the consent of all the signatory countries," he said.

As the state government’s move for autonomy and devolution of power gathers momentum, Wan added that they must not lose sight of the constitutional rights, safeguards, assurances and undertakings in respect of religious freedom which the Sarawak government and Malaya have a duty under the Malaysia agreement to implement.

“It would not be meaningful to the people of Sarawak to have autonomy over certain interests if the constitutional guarantee of religious freedom is forsaken."

Wan said cases involving the ban affecting the rights of Christians from Sarawak and Sabah to use the word 'Allah' in any part of the federation have been highlighted in the public domain.