`


THERE IS NO GOD EXCEPT ALLAH
read:
MALAYSIA Tanah Tumpah Darahku

LOVE MALAYSIA!!!


 


Wednesday, October 15, 2014

REVIEW ?? NO !!! - BUT TO REVIVE, RESTORE AND RE-ENFORCE THE MALAYSIA AGREEMENT 1963 (RRR)

  
WHY ? SABAH SARAWAK WERE NEVER IN MALAYSIA???

Are Sabah and Sarawak really parts of Malaysia or are Sabah and Sarawak were never in Malaysia. Perhaps Sabah and Sarawak are outside Malaysia constitutionally speaking; but we must not forget that the Constitution is the supreme law of the land.

(1) Sabah Sarawak : Inside or Outside Malaysia ?

Article 160 : Malaysia Constitution

In Article 160 the Interpretation of the Malaysia Constitution, it says:-

“The Federation” means the Federation established under the Federation of Malaya Agreement 1957.

In 1957, it is common knowledge that Sabah Sarawak were still colonies of the British Empire. As such it would be unrealistic and physically impossible to admit Sabah and Sarawak into the Federation of Malaya Agreement 1957 as the 12th and 13th States in the Federation of Malaya Agreement 1957.
The Malay Rulers were photographed with Sir MacGillivary on behalf of the British government at King's House, Kuala Lumour on 5 Augustn1957 after the Federation of Malaya Agreement Signing Ceremony, joined by state dignitaries.
The Federation of Malaya Agreement 1957

This Federation of Malaya Independence Agreement was signed between the Malay Rulers with Sir Donald MacGillivary, the High Commissioner of the Federation of Malaya on behalf of Her Majesty Elizabeth 11 on 5 August 1957. This historic ceremony which took place at King's House, Kuala Lumpur had a total of 15 main signatories, comprising of British High Commissioner to Malaya, eight of the Malay Rulers, Crown Prince of Johore, and Five Speakers with ultimate  authorities from Negeri Sembilan (other than the Yang di Pertuan Besar) as well as witnesses to the signatures who had signed this agreement. This agreement was signed in 40 copies, 20 copies in Malay and 20 copies more in English using the special pen of the Federation of Malaya Agreement 1957. In accordance with Article 3 of this Agreement, which stated that effective as of 31 August 1957, the Malay States and Straits States would be established as a new Malay Federation, called the " Persekutuan Tanah Melayu", or in English as the Federation of Malaya. This agreement had been enforced throughout the Federation of Malaya on 31 August 1957 when the Duke of Gloucester officially relinquished the British colonial power and authority.

By reason of proximity being perpetually separated from Malaya by thousand miles of the South China Sea, Sabah Sarawak  were also never signatories to the Federation of Malaya Agreement 1957. Sabah and Sarawak at that time could not have been the 12th and 13th states of the Federation of Malaya 1957 when they were in fact British Colonies. This is an impossibility; an indisputable fact that Sabah Sarawak were never parts of Malaya.
Unknown to many people, Article 160 adopted in the interpretation of Malaysian Constitution to define the Federation to mean the Federation established under the Federation of Malaya Agreement 1957, by default as at the effective date of the amendment to Subsection (2) of Article 1 ; on 27 August 1976; (13 years after the date of proclamation of Malaysia on 16 September 1963), actually could not and did not include Sabah Sarawak into the frame work of the Malaysian Constitution obviously on the basis of the reasons as stated earlier. From this date onwards Sabah Sarawak are deemed outside Malaysia ; constitutionally.


(2)  Public Interests , Concerns and Confusion 
 
It has been very confusing for many that Sabah and Sarawak were never in Malaysia even though 51 years have passed since the declaration of Malaysia on 16th September 1963. The question of review of the Malaysia Agreement 1963, the 20/18 points guarantee / safeguards for Sabah Sarawak often would crop up for intense debate in the coffee shops and frantically opposed and even prohibited from discussion in the Sabah State Assembly as in the case recently shown; adding to further frustration and loss of faith in the Government of the day by the peoples.


The Phillippines Claim Over Sabah

The Judgment of the International Court of Justice dated 23 October 2001 in the Case Concerning Sovereignity over Pulau Litigan and Pulau Sipidan and the Application by the Phillippines for permission to intervene.

On the issue of the Phillippines claim to North Borneo, Judge Ad- hoc Franck in a Seperate Opinion stated that, " in the light of the clear exercise by the people of North Borneo of their right to self determination, it cannot matter whether this Court, in any interpretation it might give to any historic instrument or efficacy, sustains or not the Phillippines claim to historic title, modern international law does not recognise the survival of a right of sovereignity base solely on historic title; not in any event, after an exercise of self determination conducted in accordance with the requisites of international law. The bona fides of which has received international recognition by the political organs of the United Nations. Against this, historical claims and feudal pre-colonial titles are mere relics of another international legal era, one that ended with the setting of the sun on the age of colonial imperium".

In the light of the above, this Phillippines claim to North Borneo has no basis under internatiinal law.

Enforcement of The Judgment by Malaysia


If Sabah and Sarawak are indeed already outside Malaysia as at 27 August 1976, then the battle cry that seems to be getting louder and louder each day for SABAH SARAWAK KELUAR MALAYSIA (SSKM) would be redundant and unnecessary; for how would Sabah and Sarawak get out from Malaysia when they are in fact outside already ?.

Thus the question of "secession" is a non-issue because Sabah Sarawak are already out by virtue of :-

(a)  the breach of the Malaysia Agreement 1963 by:-

(1)  the separation by expulsion of Singapore on 9 August 1965 : unilateral action without the approval and consent of the remaining signatories Sabah and Sarawak,

(2)  failure to comply and enforce the terms and conditions for the formation of Malaysia; the 20/18 points guarantees / safeguards for Sabah Sarawak,

(3)  without the peoples' knowledge and informed consent to freely determine their political status given through a valid and universally sanctioned referendum, the "take-over"- annexation is in breach of the Malaysian Agreement 1963 by unilateral insertion of Borneo Territories Sabah Sarawak as the 12th and 13th states into the Federation of Malaya Agreement 1957. It is clearly a subjection of the peoples to alien subjugation, political domination and economic exploitation contrary to the spirit, objectives and principles of the United Nation Charter for Self Determination for the Borneo Territories; depriving the peoples their rights to freely pursue their economic, social, religious, educational and cultural development, and,
 
(4)  the fact that Sabah Sarawak cannot be inserted (annexed) into The Federation of Malaya Agreement 1957 because the formation and legal existence of Malaysia is irrevocably and inextricably bound by the terms and conditions of the Malaysia Agreement 1963, the principal constitutional document for her formation and legal existence.

Since Sabah Sarawak are sovereign and independent nations existed since 31 August 1963 and 22 July 1963 respectively, they may by their own free will and desire choose to remain as "Stand Alone" Independent Nations (SAIN) in accordance with the principles, safeguards and determination of The United Nation Charter for Self Determination in order to enable them to enjoy their rights to complete independence and freedom peacefully with the future prospect of associating with the larger entity - ASEAN in the region.

(4)  The "Take-Over" (annexation)

As it stands today, it is known that the Federation of Malaya Agreement 1957 (a pre-Malaysia document) was the document used for the purpose to assimilate, "Take- Over" and annexed Sabah and Sarawak as the 12th and 13th States of " Federation of Malaya "; and we also know that Sabah and Sarawak could not have possibly been admitted legally as the 12th and 13th states in the Federation of Malaya Agreement 1957 for the reason as stated earlier and without the prior free and informed knowledge and consent of every Sabahan and Sarawakian being the affected stake-holders.

This “Take-Over:" is also inconsistent and is in total conflict to the letter, spirit and purpose of Cobbold Commission Report specifically outlining  the fundamental prerequisite concepts, principles and objectives of the terms and conditions set forth by The United Nation Charter in pursuance of Self Determination for Borneo territories Sabah and Sarawak:-

Cobbold Commission Report (part)

 “Quote”

 “ It is a necessary condition that from the outset Malaysia should be regarded by all concerned as an association of partners, combining in the common interest to create a new nation by retaining their own individualities. 

If any idea were to take root that Malaysia would involve a “take-over” of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Borneo and Sarawak, Malaysia would not in my judgment, be generally acceptable or successful.”

(Lord Cobbold 1962)

(*Note: Malaysia was only formed on : 16th September 1963  under the MalaysiaAgreement signed in London on 9th July 1963) - 6 years after The Federation of Malaya Agreement 1957.


Revive , Restore And Re-Enforce The Malaysia Agreement 1963 - After Being Abandoned For Past 38 Years !

(5) The Malaysia Agreement 1963 : Signed In London 

When Malaysia was formed on 16th September 1963 , it was proclaimed on the basis of the Malaysia Agreement 1963 signed in London on 9th July 1963 which stipulated clearly in no uncertain terms the rights of Sabah and Sarawak under the 20 / 18 points guarantee / safeguards to protect their status as equal partners of component states as outlined in Malaysian Constitution in Article 1 :- 

      (based on the Original Malaysia Agreement 1963 :  as at 16 September 1963 ) 

(1) The Federation shall be known , in Malay and English , by the name Malaysia.

(2) The States of the Federation shall be:-             

(a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Perak, Perlis, Selangor , Trengganu; Penang, and

(b) the Borneo States, namely, Sabah and Sarawak; and

(c) the State of Singapore. 
                                                             (before amendment)


The component status then of each as at 16th September 1963 was:-

1)  The States of Malaya : 
      Comprised of 11 states under the Federation of Malaya Agreement  1957.

2)  The Independent and Sovereign Nation of Sabah : 
      Independent on 31 August 1963

3)  The Independent and Sovereign Nation of Sarawak
      Independent on 22 July 1963., and

4)   The Independent and Sovereign Nation of Singapore
       Full internal self-government since 1959
      

(6)  The Focus Shifted  (From Equal Partners To Domination and Re-Colonization)

But 82 days after the “DoubleSix” plane crash on 6th June 1976 where the crash killed everyone on board the flight, including Tun Fuad Stephens, the Chief Minister of Sabah at that time and 72 days after Sabah's oil rights were signed off under the PETRONAS AGREEMENT, the subsection (2) of Article 1 was amended by ACT A354 Section 2 ; date of enforcement 27 August 1976 as follows:-     

                                     Amended Subsection (2) : by ACT A354 Section 2
" (2) The States of the Federation shall be ; Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Perak, Perlis, Penang, Sabah, Sarawak, Selangor and Trengganu."                                       (Subsection (2) in the Current Constitution)

The effect of this amendment as at 27 August 1976 purportedly down graded Sabah and Sarawak from the status of component nations that formed Malaysia on 16 September 1963 into the 12th and 13st states under the Federation of Malaya Agreement 1957 which is totally alien to the Borneo Territories Sabah and Sarawak which are separated from Malaya by thousand miles of the South China Sea.

The original form of Malaysia based on the Malaysia Agreement 1963 which was agreed and formalized by the Founding Fathers proclaimed on 16th September 1963 lasted only 13 years from 16th September 1963 to 27 August 1976 when the status of Sabah and Sarawak was purportedly down graded to merely the 12th and 13th states of the Federation of Malaya Agreement 1957. From then on, the economic well being of the Borneo territories started to decline and poverty began to creep in especially in Sabah to the extent of becoming from the riches state it once was to becoming the state with the highest incidence of poverty in Malaysia.

This change of the status of Sabah Sarawak by annexation and "take -over" was never the result of the freely expressed wishes of the people; acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage.

The late Former President Sukarno of Indonesia (18 August 1945 – 12 March 1967) in 1962 in opposing the formation of Malaysia predicted that Malaysia would be a form of neo-colonialism in disguise. If neo-colonialism is defined as "the policy of a strong nation in seeking political and economic hegemony over an independent nation or extended geographical area without necessarily reducing the subordinate nation or area to the legal status of a colony"; then his prediction is not far from the truth, except with a sharp difference. Virtually all levels of society in the Borneo Territories can now feel the effects of subjugation, and threats under a fearful new and more deadly and vicious form of 're-colonization' spiced with racial and religious fanaticism.

(7)  Specified Sovereign Inalienable Rights and Interests
The 20 / 18 Points Guarantee/Safeguards : "TO MAKE or BREAK MALAYSIA"


The 20 / 18 guarantee and safeguards are the terms and conditions negotiated to provide sufficient comfort for Sabah Sarawak to protect their fundamental sovereign and independent rights to form Malaysia with Malaya. However, after the formation the implementation and enforcement were not done to the satisfaction of the peoples of Sabah Sarawak. This gives rise to much discontent and anger after having been betrayed. To this day the frustration of being betrayed continues to haunt the peoples of Sabah Sarawak unabated and unresolved.

The intention of the 20/18 points was for the formation of Malaysia and not for the break up. Strangely enough, the irony behind the 20/18 points turned out to be either to make or break Malaysia; as if preordained. The fulfillment to the fullest extend would be in the best interest of Malaysia. However, not to do so would relegate these guarantees/safeguards from blessings to curses prescribing the recipe for a failed state and broken nation. The "BOMB" in back burner.

The 20/18 points are guarantees for the purpose of formation and the existence of Malaysia. Guarantees are continuing securities to serve their purposes as long as such purposes exist and subsist. For any changes to the 20/18 points to take effect legally, the purposes that they served (the formation and existence of Malaysia) must first be abolished and extinguished. So long as Malaysia exist, the 20/18 points guarantees exist and are inalienable and binding; changing or removing any of them would call to question the validity of the purposes for which they served.


(8)  51 years history - Borneo States : Period: 16 September 1963 to Present.

Interestingly with the advent of neo-colonialism from the period 27 August 1976, the brief history spanning over the past 51 years can be classified and be referred to as:-

(a) Original Malaysia Period (OMP): 16 September 1963 to 27 August 1976 (13 years) - Formation of Malaysia in the true spirit of Malaysia Agreement 1963 on the basis of equal partnership governed with justice and fairness under the rule of law.

(b) Neo-Colonialism Period (NCP): 27 August 1976 to the present (38 years past...) The Borneo Territories Sabah and Sarawak down graded to the 12th and 13th States of the Federation of Malaya Agreement 1957 - (Totally alien Pre-Malaysia Document). The status and position of the Borneo Territories Sabah Sarawak under the Federation of Malaya Agreement 1957 became doubtful and questionable to the present day. Increasingly the voices of discontent are getting louder and louder each day naturally. The rule by law has set in with outspoken threats of arrest and investigation against anyone who dares to speak out or express their dissatisfaction;  typical and early symptoms of a failed state.


(9)  The Destructive Effects of Neo-colonialism : (Re-colonization of Sabah Sarawak)

To this day, Sabah's natural resources and wealth , oil , land , business opportunities, contract licenses, banking facilities, shipping, employment and all other business are either directly or indirectly controlled and plundered by Malaya, Malayan or Illegal citizens. This form of neo-colonisation is now felt with increasing resentment to the extent even reaching out to rob natives customary rights over land and their daily livelihood .

It is not uncommon in Sabah to see  indigenous natives being driven out of their ancestral land by force because their land have been approved and given to a company from Malaya without their knowledge and consent for cultivation of oil palm. Natives are driven out of their ancestral land by force without their prior knowledge and consent in ways no different from the ways used to drive elephants or cows or orang utans. In most cases, illegal immigrants and illegal citizens are used by Companies to drive the indigenous natives out from their ancestral land and villages (kampongs) because their land is located within the larger area given to the company. While the natives have lived and toiled the land for a meager living from their forefathers days and have applied for the land much earlier than others, somehow the company's application which overlaps into the natives' application is approved first despite their application being submitted later than the natives'.

Gone are the days when the natives stood tall with their British Colonial Masters and were proud of the fact that the British protected preserved their well being, their culture , their land and villages and their way of live with respect, compassion and understanding. The reverse is now taking place with the new political neo-colonialist masters who are often labelled by Sabahans as plunderers from Malaya.

In most cases a local contractor would be more than satisfied to secure a sub-contract job from the main contractor from Malaya for a project in Sabah because being a local contractor he knows very well he would be sidelined from all directions, the banks when applying for banking facilities, licenses and such other facilities that he may require.

The genuine Sabahans nowadays must compete with outsiders just to earn an honest meager living and income. The discontent among the young generation is increasingly evident. Such desperation have driven many to seek jobs and business else where in Singapore , Hong Kong and Malaya. Most overseas graduates from Sabah prefer not to return contributing much to the brain drain. The rising costs of living as in elsewhere further aggravates the miseries of Sabahans and in particular the indigenous natives whose well being is sandwiched and trapped within the widening gap between the rich and the poor. 

Comparatively the living standard, earnings, infrastructures, health services, education, employment opportunities and almost everything else are better in Malaya as the major dominant power with 11 states governments acting at the expense and to the detriment of the two underdeveloped states Sabah Sarawak under this re-colonization equation which by right should be based on equal partnership basis as was the original equation -  3 equal partners, namely (1) Malaya, (2) Sabah and (3) Sarawak; and not 13 partners, (Singapore excluded) and this disparity is increasingly widening under the present regime. This clearly is the total submersion of the individualities of Sabah and Sarawak.

To make the matters worse the already bad situation is further aggravated by the loose control of illegal immigrants entering Sabah with the promise of jobs and citizenship to infiltrate, dominate and over rule the local population. Many were provided with genuine Malaysian identity cards illegally. A pattern has emerge that having given an identity card the illegal immigrant becomes an instant citizen illegible to vote and enjoying all rights and privileges same as the genuine locals. The exploitation of the illegal citizens' votes for political control of power to dominate is rampant and openly solicited. The huge population of illegal citizens are used as constant reminder of instant invasion and occupation in the event Sabah " gets out of Malaysia ". This threat to the locals is real because even without Sabah getting out of Malaysia the State has been invaded by foreign gunmen many times before by pirates , kidnappers and terrorists from a neighboring country affecting public confidence, tourism and businesses especially in the East Coast putting Sabahans in perpetual unending siege in constant fear due to  the lack of border defense and internal security a matter which have never been taken seriously for improvement by the Federal Government for the past 51 years of Malaysia's existence; until lately. The feeling of the locals is that the Malaysia they used to know can no longer protect their interests and lives under neo-colonialism perpetrated by re-colonization. 

In daily lives as classical examples, ask a taxi driver he will tell you that business is bad because there are too many taxis licenses given to illegal citizens. A stall hawker will tell you that business is bad because of illegal citizens selling on the market floor and five foot path without license at cheaper prices and no action is taken against them by the local authorities; the fish monger will tell you the same story and so forth.

The effects of this vicious neo-colonialist exploitation runs deadly deep and wide designed to cripple and dominate the peoples of Borneo into complete submission so as to perpetuate their political power for the total take-over of the Borneo Territories Sabah and Sarawak ; lock, stock, and barrel. The political grip leaves very little room for opposition. The peoples especially the natives are systematically being displaced without protection and security they rightfully deserve under the law and ultimately would become refugees, illegals, trespassers and beggars in their own land. Sad but true. Something must be done urgently to reset and restore the status of the peoples of the Borneo Territories in accordance their rights established under the Malaysia Agreement 1963 and the principles and objectives of the United Nation Charter for Self Determination.

To complete the economic strangle hold on the Borneo Territories the Cabotage Policydesigned to ensure that the high costs of living is always maintained effectively and the costs of doing business in the Borneo Territories will always be higher than business done in Malaya. Foreign investors would often after showing initial interest shun away after discovering the hidden constrain, costs and burden to carry on business and the prospect of future expansion vanished under the rules and regulations enforced under theCabotage Policy.

(10) The Constitutional Conflict

The conflicting issue now according to Article 160 is that the Federation of Malaysia is to mean the Federation of Malaya Agreement 1957 when in fact Malaysia was in reality only formed on 16th September 1963; six years later. Then how is it possible to insert Sabah and Sarawak into the Federation of Malaya Agreement 1957 - by going 19 years back in time to 1957 ( from 27 August 1976 to 31 August 1957) ; is the question which must be addressed and investigated thoroughly to correct this absurdity.
Further, it is specifically mentioned in no uncertain terms in the Malaysia Agreement 1963 that the Federation is the Federation of Malaysia and CERTAINLY NOT the Federation of Malaya.

After 51 years, it cannot be said that this is an oversight. One can only conclude that this is a willful breach of the Malaysia Agreement 1963 and outright deliberate manipulation and skillful juggling of documents tantamount to changing the rules in the middle of the game ; so as to orchestrate the complete illegitimate "Take-Over" process of Borneo territories , Sabah and Sarawak; in total disregard of the United Nations Charter for Self Determination for the Borneo territories. This must be stopped and be corrected at any costs in the interest of Malaysia to survive for the future generations in the World as one nation, dreamed, believed in and fought for by our Founding Fathers. It is not too late to rectify and make good this blunder by decolonising Sabah Sarawak while we are still at the preliminary stage of the crossroad.

The Malaysia Agreement 1963 cannot be hidden forever by what ever means to erase history or by tempering the Oath Stone in Keningau Sabah and removing key wordings "The Malaysian Government Guarantees". History always remain in the minds of the young generations ever more so than before in this modern age of technology. Any manipulation will not erase history. The obligations as contained under the 20 /18 points guarantee and safeguards cannot simply be swept away merely by swiping the Malaysia Agreement 1963 and in its place put the Federation of  Malaya Agreement 1957 - The World  and the International Community are watching.
 

(11)   Malaysia At The Constitutional Crossroad

We are now at a crossroad to revive or not to revive and to restore the original Malaysia our Founding Fathers fought for and to determine by which document Malaysia must be established, governed and exists legally :-

 (1) the Malaysia Agreement 1963, (The Principal Document for Malaysia)or

 (2) the Federation of Malaya Agreement 1957 (Secondary Document: only for Malaya)

To remain adamant and maintain that Sabah and Sarawak are the 12th and 13th States of Malaya as purportedly inserted into the Federation of Malaya Agreement 1957, will forever condemn Malaysia as a failed state and a broken nation ; because with Sabah and Sarawak outside, there is NO Malaysia !!! , and everything done in between can be challenged and will continue to be and remain doubtful and suspect. This approach would not be acceptable or successful as reported by Lord Cobbold in 1962 (Cobbold Commission);

"Quote"  (Lord Cobbold 1962)

" If any idea were to take root that Malaysia would involve a “take-over” of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Borneo and Sarawak, Malaysia would not in my judgment, be generally acceptable or successful.”

It is very clear and conclusive that because of the proximity and also the span of time between 1957 and 1976 (13 years), Sabah and Sarawak cannot be simply inserted into the Federation of Malaya Agreement 1957 as the 12th and 13th States of Malaya and then still call it Malaysia. Not only it is an impossible task to do in practical terms , but also because Sabah and Sarawak were never the signatories and had nothing to do with the Federation of Malaya Agreement 1957 which is a pre-Malaysia document belonging exclusively to Malaya comprising 11 States forming a component as one part of the signatory to the Malaysia Agreement 1963 with Sabah and Sarawak as the other 2 remaining parts respectively (excluding Singapore).

It is totally absurd for one part of the signatory ( the States of Malaya ) to swallow the two other parts of the signatory (Sabah and Sarawak). One should be more intelligent than that to allow such a situation to happen right before our very eyes and before the eyes of our future generations and the whole world in shame. Malaysia is forever doomed to fail if nothing is done to dismantle this take-over and restore the positions of Malaya, Sabah and Sarawak back to their original status as was planned, approved and proclaimed by our Founding Fathers.
Therefore if Sabah Sarawak cannot be legally inserted into the Federation of Malaya Agreement 1957 by reason of the fact that they have no connection and were never parties to the agreement nor were they signatories, then we are now left with no option other than to revive, restore and re-enforce the Malaysia Agreement 1963 to its original status as the principal constitutional document formalized by the Proclamation of Malaysia on 16 September 1963 and galvanize it permanently in honoring with deepest respect what our Founding Fathers had through their blood, sweat and tears planned, believed in and envisaged to do in the best interests of Malaysia accordingly as an association of partners, combining in the common interest to create a new nation by retaining their own individualities between Malaya, Sabah and Sarawak as equal partners in the original format and in the true spirit of ONE MALAYSIA : 3 in 1.

So long as Malaysia exist, the Malaysia Agreement 1963 being the constitutional document, is valid, relevant and effective. It can never be changed or substituted with any other agreement. Any change to the inalienable rights and status of Sabah Sarawak must be made with the expressed consent given by the peoples in the territories freely expressed with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage; without which, the status and position of Sabah Sarawak as the 12th and 13th states in the Federation of Malaya Agreement 1957 so called-"Malaysia " will always be arbitrary and frivolous and forever remain doubtful and questionable. 


(12)   Solution: To Revive, Restore and Re-Enforce The Malaysian Agreement 1963

It is still not too late at this point in time ( 16-09-2014) 51 years later to renegotiate and reset Malaysia back to its Original Malaysia Period (OMP) now that Sabah and Sarawak would have in fact through the course of these 51 years actually "attained an advanced stage of self-government", (that was not truly achievable in practice during the brief 16 days period between 31 August to 16 September 1963), the prerequisite condition prescribed by The United Nations within the context of General Assembly resolution 1541 (XV), Principle IX of the Annex; after considering the constitutional, electoral and legislative arrangements in Sarawak and Sabah for the formation of Malaysia in 1963, fifty-one (51) years ago; to put in place immediately the process of decolonization by incorporating and putting into effect the following in order to revive and restore political, legislative, administrative, legal existence and integrity, trust and faith of the peoples of Sabah, Sarawak and Malaya as equal partners in perfect harmony and in the true spirit of One Malaysia for eternity:-

 The De-colonization process of Sabah Sarawak (Malaysia Constitution) 

The following steps shall be taken to de-colonize Sabah Sarawak:-

(1)  To repeal ACT 354 Section 2 and to re-instate Subsection (2) of Article 1 to its original meaning as follows :-     (repeat)

Article 1. Subsection (2) The States of the Federation shall be:-             

(a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negeri Sembilan, Pahang, Perak, Perlis, Selangor , Trengganu; Penang, and

(b) the Borneo States, namely, Sabah and Sarawak,

(Singapore - excluded) 


(2)   Article 160 : Interpretation : To amend and insert the following :-

"The Federation” means the Federation established under the Malaysia Agreement 1963.


(3)   The 20 / 18 Points ( 20 points for Sabah and 18 points for Sarawak) shall be reinstated, restored and re-enforced strictly by incorporating their fullest terms and conditions into the Malaysia Constitution and the State Constitutions of Sabah Sarawak. Any point that was removed in the past must be restored and reinstated unconditionally.

The 20/18 points shall be codified and ratified under the Malaysia Constitution and State Constitutions of Sabah Sarawak as the Bill of Rights for the territories of Sabah Sarawak and shall never be questioned, challenged in courts, amended or repealed. No amendment or repeal can be made without the consent given by the peoples in the territories freely expressed with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage.

(4)   The Federal List, the State List and the Concurrent List
Accordingly, the contents of the respective lists shall be amended or added to accurately reflect the clear and true division of authority, function and administrative power in the Federation to give legal effect to the restored positions and rights of Sabah Sarawak; between them and Malaya.

(5)  The Cabotage Policy shall be localized to the territorial boundaries and their respective ports of each state Sabah Sarawak and Malaya as individual State Rights to be enforced individually as a matter of individual State's choice and should not be enforced in the manner as to benefit one part at the expense of the other two, as it is now.


The Principal Constitutional Document

(1)  The principal document to rely on and be ratified is the Malaysia Agreement 1963 signed on 9th July 1963 in London; incorporating all the 20/18 points guarantees and safeguards to be enforced strictly in accordance with the spirit and to the letter for Sabah and Sarawak respectively in order to legitimize the legal existence of Malaysia in accordance with the true spirit and letter of the Malaysia Agreement 1963 which for the past 38 years has remained abandoned, locked up and carefully hidden from public view and public understanding.

(2)  AND...subject to such other terms and conditions as may be required by Sabah and Sarawak Governments to subscribe to their sovereignty and independence in the fullest terms and conditions; including but not limited to their absolute , free and informed discretion to decline or to re-join the " Revived Federation of MALAYSIA ".


(13) Conclusion

The above are pertinent issues that are long overdue to be resolved and redressed.

If the first step taken is wrong, the next coming step will also be wrong unless and until the wrong at the first step has been rectified and righted. There is no two ways about it.


To revive and restore the status, the re-enforcement and implementation of The Malaysia Agreement 1963 specifically with the aim and objective to reinstate the rightful status, positions and 20/18 points guarantees/safeguards beibg the sovereign legitimate rights of Sabah and Sarawak as equal partners in the Federation of Malaysia based on the original intentions and clear plans as envisaged by our Founding Fathers in the sincere and transparent spirit of ONE MALAYSIA; would ultimately resolve and erase all the frustrations, fears and uncertainties of all Malaysians for now and all the future generations to come in this prosperous of land - Malaysia.

If nothing is done to rectify this greatest blunder in history it would mean that Sabah and Sarawak shall maintain their present status to remain as free sovereign and independent Nations each to its own path in pursuit of their own future well being independently in peace and harmony without any interference - outside on their own as "Stand Alone Independent Nations" (SAIN).

The purported annexation "take-over" of the Borneo Territories Sabah Sarawak into the Federation of Malaya Agreement 1957 without the peoples' consent is illegal and unnecessary.  Since the Malaysia Agreement 1963 founded by our Founding Fathers has been universally sanctioned and accepted by The United Nations with the consent and approval of the peoples of Sabah Sarawak it should be respected and enforced in perpetuity as the supportive format and principal document for the legal formation and existence of Malaysia. 

SSKM (Sabah Sarawak Keluar Malaysia) would then only become a moment in time in our history - not the solution but perhaps a dynamic process for the ultimate end result of a failed state in a broken nation which I am very sure all would agree without a doubt though sadly.

MALAYSIA
Formed By Peaceful Means
Dissolve By Peace Means
Sincere Thanks To Everyone.
Compiled and Edited By:

SABAH TODAY (Eg)
Sabah : Kota Kinabalu
September 2014





HOW ARE WE GOING TO TELL OUR CHILDREN ; THAT SABAH, SARAWAK FORMED MALAYSIA IN 1963 WITH MALAYA,
BUT INSTEAD BECAME THE 12TH AND 13TH STATES OF MALAYA IN 1957 ? 
A CHILD WILL NOT UNDERSTAND THIS !
TOTAL ABSURDITY !

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.