Sabah And Sarawak Have Rights Under International Law For Self-Determination

Picture Credit: ThoughtCo., The Print Collector/Getty Images

 

Already, the Federal government has been in breach since 1963 on the Malaysia Agreement 1963 (MA'63)!

Nazism, Fascism, apartheid, the caste system, "ketuanan Melayu" and "political Islam" were also outlawed. 

 

https://www.thoughtco.com/colonialism-definition-and-examples-5112779

 

 

In law, the issue in Malaysian Borneo remains internal colonisation viz. the criminal accumulation of capital by transferring wealth from people with no power for people with power.

 

 

https://www.malaysiakini.com/news/713092

 

https://www.cpiasia.org/index.php/268-e-media/2656-2-weeks-left-to-finalise-sabah-s-40-revenue-formula-deputy-cm-tells-Putrajaya

 

https://docs.google.com/document/d/1AKCjvdMkANyOsFHhPWXmhQag8wJsAsRVNt0xd0DX_Dg/edit?usp=drivesdk

 

 

Sabah and Sarawak can take the cue from South Sudan.

 

The ICJ, based on UNSC request, gave Advisory Opinion that South Sudan was internally colonised.

 

The UNSC declared that the people of South Sudan, under international law, had rights on self-determination.

 

The people of South Sudan, under Referendum supervised by the UN, chose independence. 

 

https://2012-2017.usaid.gov/news-information/frontlines/sudan-south-sudaneducation/two-sudans-separation-africa%E2%80%99s-largest#:~:text=On%20July%209%2C%20after%20decades,what%20was%20Africa's%20largest%20country

 

MA'63 In Breach . . . 

Already, the Federal government has been in breach since 1963 on the Malaysia Agreement 1963 (MA'63). 

 

The Agreement envisaged Equal Partnership of North Borneo (greater Sabah), Sarawak, Brunei, and Malaya (Singapore merged after Yes/No Vote in 1962) in Malaysia. 

 

Brunei stayed out at the 11th hour. 

 

Singapore ended merger with Malaya on 9 August 1965 via Separation Agreement passed by the Malaysia Parliament.

 

Sabah and Sarawak are eligible for compensation from Malaysia if MA'63 was valid in law and observed in the breach for over 60 years.

 

Rule of Law . . . 

The Constitution, Parliament, and the court of law -- colour blind institutions -- can't get into "race", looks, colour, language, religion, theology, DNA, and geographical origin, among others.

 

Only the rule of law, the basis of the Constitution, matters.

 

Article 8 refers.

 

Orang Asal (original people) and Orang Asli (aboriginal people) are not about "race". 

 

It's about property rights, in the form of NCR (native customary rights), under Adat, Article 13 (property rights), Article 5 (right to life) and Article 8 (no discrimination).

 

The same Articles protect non-NCR land.

 

Devolution . . . 

Prime Minister Datuk Seri Najib Tun Razak, before GE14 on 9 May 2018, offered Devolution for greater administrative powers by way of delegation.

 

It would reverse the British transfer of administration on 16 September 1963.

 

The administration of the British Borneo territories was placed under the central government in Malaya on Malaysia Day.

 

Britain wanted its commercial empire in Sabah, Sarawak, Brunei and Malaya under one Administration. 

 

The elephant in the room, which arises from the Najib-initiated 2013 RCI (Royal Commission of Inquiry) Report on Projek IC Mahathir, comes from the conclusion: the PTI (pendatang tanpa izin or illegal immigrants) in the electoral rolls, born outside Sabah, and their descendants are not in the JPN (Jabatan Pendaftaran Negara or National Registration Department) data bank under the National Registration Act 1959/1963 and Article 14 on automatic citizenship.

 

Those in Sabah, not originating from Singapore or Malaya under the Definition of Malay as "form of identity" in Article 160(2), are not in the JPN data bank if they hold Malay MyKad. 

 

The National Registration Act 1959/1963 refers.

 

The electoral rolls aren't linked with the JPN data bank.

 

There should be Transfer of Administrative power at JPN, by delegation under devolution, for Sabah so that EC and JPN can be linked for cleaning up the electoral rolls.

 

People's Petition . . . 

There’s case for placing People's Memorandum and/or Petition before Agong for Decree on the RCI Report which implies loss of sovereignty. 

 

The matter before Agong should be copied for the Pre-Council Meeting, Conference of Rulers, Election Commission (EC), JPN, Home Minister, UNSC via Sec Gen, UN Decolonisation Committee, UNHRC, ICJ and ICC. 

 

-- Joe Fernandez, Editor in Chief CPI website, Council Member of the newly-revived Borneo-centric Center for Policy Initiatives (CPI).

 

 

DISCLAIMER: The views expressed by the author/contributor do not necessarily represent those of the Center for Policy Initiatives (CPI).

Other Related External Links . . . 

 

https://www.dailyexpress.com.my/news/238678/anwar-grs-must-resolve-sabah-s-special-grant-issue-/

 

https://www.dailyexpress.com.my/news/238702/sabah-special-grant-case-on-hold-pending-outcome-of-ag-s-appeal/

 

https://www.dailyexpress.com.my/news/238132/putrajaya-committed-to-discussing-new-special-grant-rate-for-sabah-says-finance-ministry-/

 

#sabah #sarawak #MA'63 #sudan #UNSC #ICJ #selfdetermination #referendum #Nazism #Fascism #apartheid #caste system #ketuananMelayu #political Islam