Pehin Datu Panglima Hj Awang Abu Bakar Awang Jambol

PADA 5 0KTOBER 2009, BRUNEI TIMES MENYIARKAN MENGENAI PERLEMBAGAAN BRUNEI YANG MENYEBUTKAN SEPERTI BERIKUT:

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Brunei Constitution marks golden jubilee

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(Top) The Architect of Modern Brunei: Al-Marhum Sultan Haji Omar 'Ali Saifuddien Sa'adul Khairi Waddien, the 28th Sultan and Yang Di-Pertuan of Negara Brunei Darussalam. Picture: Wikicommons

(Above) Historic chapter: Al-Marhum Sultan Haji Omar 'Ali with Alan Lennox Boyd exchanging documents after initialling the Agreement on the Written Constitution for Brunei in London on April 6, 1959. Picture: Rozan Yunos Collection

Rozan Yunos

BANDAR SERI BEGAWAN

Monday, October 5, 2009

THE Brunei Written Constitution and the Brunei Agreement were signed on September 29, 1959, between Brunei Government and the British Government at the Lapau Building, in Brunei Town.

The Constitution Agreement was signed by Al-Marhum Sultan Haji Omar 'Ali Saifuddien Sa'adul Khairi Waddien on behalf of Brunei Government while the British General Commissioner for Southeast Asia, His Excellency Sir Robert Scott, signed for the British Government.

After the Agreement was signed, His Royal Highness Sultan Haji Omar 'Ali Saifuddien Sa'adul Khairi Waddien, the Sultan and Yang Di-Pertuan of Brunei Darussalam proclaimed that: "The agreement which has just been signed by His Excellency Sir Robert Scott as representative of Her Majesty the Queen and by ourselves has put at an end to the direct rule of the British Government in the internal affairs of the state of Brunei."

"The new agreement which has just been signed is a clear indication of the principles adhered to by the Government of Her Majesty the Queen which were to encourage and accelerate progress in the promulgation of the Constitution in each of the colonies included under the control and protection of Her Majesty the Queen."

Father of Modern Brunei

The signing was certainly the ultimate pinnacle of His Royal Highness rule. It was always his dream to have a written constitution. His Royal Highness was installed and declared as the 28th Sultan of Brunei on 6 June 1950.

His brother, His Royal Highness Sultan Ahmad Tajuddin Azkhazul Khari Waddin passed away two days earlier on June 4, 1950.

!It was at the beginning of 1953 that Sultan Omar 'Ali declared his wish that wanted to legislate a Written Constitution for Brunei Darussalam.

!Al-Marhum Sultan Haji Omar 'Ali Saifuddien Sa'adul Khairi Waddien personally played important roles in the realisation of the existence of constitution and to clear a way towards Independent Brunei.

The late monarch declared plans to set up Written Constitution for Brunei in early May 1953. Al-Marhum stated his desire and ambition in his own Syair Perlembagaan.

Advisory Board

An advisory Board for Brunei's Constitution was formed for the purpose of providing feedback and to survey what the people would want in the new constitution.

!The members of the Advisory Board were Pengiran Maharaja Lela Sahibul Kahar Pengiran Muda Abdul Kahar Pengiran Bendahara Seri Maharaja Permaisura Pengiran Anak Haji Muhammad Yasin, Pengiran Haji Muhammad Salleh Pengiran Anak Haji Muhammad (later to become Seri Paduka Pengiran Di-Gadong Sahibul Mal), Pehin Orang Kaya Di-Gadong Seri Lela Awang Haji Muhammad Yusof Pehin Jawatan Dalam Seri Maharaja Awang Haji Muhammad Husain, Pengiran Muhammad Yusof Pengiran Haji Abdul Rahim (later to become Pengiran Setia Negara), Pengiran Muhammad Ali Pengiran Haji Muhammad Daud (later to become Pengiran Pekerma Setia Diraja Sahibul Bandar), Abu Bakar Jeneral Jambol (later to become Pehin Datu Penglima) and Pehin Orang Kaya Shahbandar Haji Ahmad Haji Muhammad Daud.

The appointment of the Advisory Board was in line with the decision of the Legislative Council Meeting on 10 April 1953.

The seven-member committee was appointed and assigned to villages in all the four districts to seek the opinion of the villagers on the plan. The committee also visited several countries in Malay States Federation in January 1954 to review the constitution system in those countries. The local advisory committee of those seven people was also known as the "Tujuh Serangkai".

At the same time, Sir Anthony Abell who was the British High Commissioner representing the British Government also came up with a suggestion to form a local government for Brunei. This suggestion was not acceptable to Al-Marhum and the people of Brunei. The suggestion was seen as impractical.

Drafting the Constitution

The draft of the constitution was finalised and in 1957, Al-Marhum Sultan Haji Omar Ali Saifuddien Sa'adul Khairi Waddien went to England with a delegation for informal talks following several meetings and discussions with the British. The delegation for the Brunei Constitution headed for London on 14 March 1959.

The delegation went to discuss with Alan Lennox Boyd, Secretary of State for the Colonies (Colonial Secretary). The result of the discussion led to the signing of the Agreement in September 1959.

With the signing of the Agreement, Brunei took over the internal administration of the country and it marked a great change in Brunei. Its internal administration would now be managed by its own people. The British had administered Brunei since 1906.

The Written Constitution also created several bodies such as the Privy Council, the Council of Ministers (later the Council of Cabinet Ministers) and the Legislative Council. The Chief Minister (Menteri Besar) post was also created and the first holder of the post was Pehin Datu Perdana Menteri Haji Ibrahim.

Also created was the post of the State Secretary (Setiausaha Kerajaan) and this was filled by Wan Ahmad Wan Omar. Marsal Maun was appointed as the Deputy State Secretary.

The post of the British Resident established in 1906 was also abolished and replaced by the British High Commissioner. The British would be responsible for defence and foreign affairs only.

Many Changes

From 1959 until 1970s, the Brunei Written Constitution has brought many changes for the country according to the needs of the nation's constitution and religion.

On the path towards full independence for Brunei Darussalam, Brunei held a series of discussions with the British in 1968, 1969, 1970, 1971, 1978 and 1979. Several amendments to past treaties concerning Brunei-United Kingdom were signed.

The 1971 Agreement signed in Bandar Seri Begawan on November 23, 1971, between His Majesty Sultan Haji Hassanal Bolkiah Mu'izzaddin Waddaulah and the British represented by Sir Anthony Henry Fanshawe Royale MP among others stipulated that "subject to negotiations, the defence and security of Negara Brunei Darussalam is a joint responsibility between Her Majesty Queen Elizabeth II and His Majesty the Sultan and Yang Di-Pertuan of Negara Brunei Darussalam would have full autonomy in the internal affairs of the State".

The road to Independence

The constitution has undergone a wider transition following the signing of an agreement on January 3, 1979, at the Lapau. His Majesty Sultan Haji Hassanal Bolkiah Mui'izzaddin Waddaulah, Sultan and Yang Di-Pertuan of Brunei Darussalam, signed the cooperation agreement between Brunei Darussalam and the government of Her Majesty the Queen of Great Britain. Representing the British Government was the Right Honourable Lord Growney, the State Minister of Britain for Foreign Affairs.

With the signing of the agreement, Brunei had "agreed to take over the full international responsibility of an independent and autonomous state".

This Agreement led to Brunei's Independence on 1 January 1984. In line with the needs and changes of the era as well as continuous efforts to realise the aim of His Majesty Sultan Haji Hassanal Bolkiah Muizzadin Waddaulah Sultan and Yang Di-Pertuan of Brunei Darussalam to form a more formal legislation structure, re-examination was carried out on the 1959 Constitution and several changes were made on the constitution.

The amendment was signed and declared by His Majesty the Sultan and Yang Di-Pertuan of Brunei Darussalam on 29 September 2004 at Lapau, Bandar Seri Begawan."

The writer runs a website on Brunei at bruneiresources.com.

The Brunei Timeses