The 18-point agreement, or the 18-point memorandum, was a purported list of 18 points drawn up by Sarawak, proposing terms to form Malaysia, during negotiations prior to the creation of the new federation in 1963.
[2] Questions remain whether these pre-constitutional or foundational documents can be defined as "law" and legally enforceable under Article 160 of the Constitution of Malaysia.
[5] On 31 July 1962, an agreement was signed between British prime minister Harold Macmillan and the prime minister of Malaya Tunku Abdul Rahman that anticipated the formation of Malaysia by 31 August 1963 with a proposed initial framework of state constitutions of North Borneo and Sarawak as shown in annex and appendices.
Lord Lansdowne later reported that North Borneo leaders expressed "great shock" at the announcement of this agreement.
On 13 to 14 August 1962, Fuad Stephens and his political leaders from North Borneo drew up a 14 points memorandum in a meeting.
Sarawak political leaders later supported the demands by Fuad Stephens and drew up a similar 18-point memorandum.
[7][8] Both North Borneo and Sarawak leaders pushed their demands through the Malaysian Solidarity Consolidation Committee (MSCC).
[6] According to Michael Leigh, a Sarawak historian, he had found no evidence that such a document had been drafted and presented to "those who were assessing whether or not the population of the Borneo states wished to be part of a larger federation" (Cobbold Commission).
[10] Sidi Munan, who was a political aide for Jugah Barieng from 1966 to 1969,[11] mentioned that the original 18-point agreement document has not been found.
The former Sabah state secretary Sipaun mentioned that none of the leaders from Borneo had tertiary education and, therefore were not objectively able to think for themselves.
Therefore, British colonial officers had to guide the Borneo representatives on important issues during the negotiations with Malaya.
Every effort should be made to encourage British Officers to remain in the public service until their places can be taken by suitably qualified people from Sarawak.
Sarawak should retain control of its own finance, development and tariff, and should have the right to work up its own taxation and to raise loans on its own credit.
a) The Premier should be elected by official members of Council Negri b) There should be a proper Ministerial system in Sarawak.
This should take account not only of the population of Sarawak but also of its size and potentialities and in any case should not be less than that of North Borneo and Singapore.
[14] The inter-governmental committee (IGC) was set up to work out the ways to insert the details into the Malaysian constitution.
[2] The IGC report contained the demands by North Borneo and Sarawak as stipulated in 20-point and 18-point agreements respectively.
[14] Article 153 stated that the King (Yang di-Pertuan Agong) would protect the special position of the Malays and other native communities in Sabah and Sarawak with additional provisions in Article 161A[14] Although education is put on the federal list, Sarawak still retains control on this matter.
Article 161D stated that a two-thirds majority is required in the Council Negri to pass any law that restricts or controls the propagation of other religions among Muslims.
[14] Article 95D excluded Sarawak from laws regarding local government and lands passed in the federal parliament.
Article 95E excluded Sarawak from national plans for land utilisation, local government, and development.