Malaysia was born in conflict, not consensus
[Full text of the speech by Robert Pei, President SSRANZ, Melbourne Rally, 15 Sept 2024]
FELLOW Citizens of Sabah and Sarawak,
Today, we gather to mark 61 years since a very dark chapter began in our history—the British-aided Malayan takeover of our lands through the invalid Malaysia Agreement 1963 (MA63) on 16 September 1963. This moment calls for the end of six decades of humiliation in Malaysia.
What was promised as a partnership of equals—based on autonomy, equality, prosperity, and respect—has instead become a vehicle for racial, religious oppression and exploitation. For 61 years, Sabah and Sarawak have been subjected to relentless marginalisation. From the premature proclamation of Malaysia in 1963 to 2011, our lands were ruled under emergency laws, which enabled the federation to impose repressive policies, betraying the interests of our people. This was all while Sabah and Sarawak’s vast resources were plundered to enrich their ruling elites and develop the peninsula, leaving us the poorest parts of the federation.
The Struggle for Independence Revived
In the past 13 years, the independence movements in Sabah and Sarawak have gained renewed momentum, challenging the legitimacy of Malaysia's rule over our territories. The ruling elites in Peninsula Malaysia or Malaya, along with local leaders, have been forced to react to our demands. But their reluctant and grudging attempts to address our grievances by selectively implementing parts of the MA63—after 50 years of neglect—are not enough. The most recent examples are the federal government stalling over the Sabah claim to its MA63 entitlement to 40% revenue collected from Sabah and the Sarawak claim on petroleum rights.
The following points are made on how Malaysia was created on 16 Sept 1963 as a de facto federation under a state of emergency and an invalid international agreement.
Malaysia: Born in Conflict, Not Consensus
1. Malaysia Was a Neo-Colonial Creation
Malaysia was not formed through genuine self-determination or informed consent. Instead, it was a “neo-colonial creation,” designed by Britain to preserve its strategic interests and maintain control over the S.E Asian region during the Cold War. On 27 May 1961, Tunku Abdul Rahman the Malayan Prime Minister announced the British-Malayan proposal to merge Singapore, Brunei, North Borneo (Sabah), and Sarawak with Malaya and to be renamed Malaysia. The 2 governments had negotiated secretly since 1958 without the prior consultation of the people of Sabah and Sarawak, who were still under British rule.
The urgency to form Malaysia intensified in 1960, with the United Nations call for the decolonization of all colonies. The British colonial government reneged on its promise to give Sabah and Sarawak independence when it annexed them as crown colonies in 1946. They replaced this with the Malaysia federation plan with so-called guaranteed rights to induce the people to give up real independence. Thus our people were denied true independence. The Malaysia Agreement, signed on 9 July 1963 by persons handpicked by the British, was never valid under international law. Colonies cannot make binding agreements with their colonial rulers, and both Sabah and Sarawak were still under colonial rule until 16 Sept 1963.
Malaysia was created without our free and voluntary consent, denying us the right to self-determination. This invalid agreement, like the one imposed on the Chagos Islands, was a violation of international legal principles. Yet, it was forced upon us by Britain and Malaya.
2. Proclaimed Under a State of Emergency
The formation of Malaysia was accomplished hastily under coercive conditions. Following the Brunei Uprising against Malaysia on 8 December 1962, the Malayan Prime Minister declared that Malaysia would be formed, despite a state of emergency.
From 1961 to 1963, widespread opposition in Brunei and Sarawak was brutally suppressed. The Brunei Uprising was a clear sign that the people of this region did not support the federation. Thousands of voices were silenced or imprisoned. In Singapore, opposition leaders were arrested and detained in collusion with the British and Malayan governments. Brunei wisely outright rejected Malaysia and refused to sign MA63 at the last minute opting to choose independence.
Owing to local and international opposition to Malaysia, the Malayan government made the Manila Accord with the Indonesian and Philippines governments on 31 July 1963 22 days after MA63 was signed, agreeing to the UN assessment of the people's will and resolution of the Philippines claim of a part of Sabah. This agreement effectively acknowledged that the process in making MA63 including the Cobbold Commission to survey the people’s views on Malaysia was flawed and questionable.
On 28 August, 1963 the 2 governments fixed the 16 September 1963 to formally proclaim Malaysia pre-empting the UN assessment of the people’s wishes was complete, and failure to resolve the Philippines claim on a part of Sabah violating terms of the Manila Accord. The British and Malayan governments denied us a proper referendum, just as they had done with the flawed Cobbold Commission process. This premature formation of Malaysia has left lasting instability, as shown by the Philippines' unresolved territorial claim over Sabah, which led to the 2013 armed invasion by men from Sulu.
The Exploitation of Sabah and Sarawak
3. Exploitation and Oppression
The first Malaysian Prime Minister claimed that one of Malaysia’s main goal was to develop Sabah and Sarawak. Yet, since the formation, our lands have been stripped of their wealth—oil, gas, and timber extracted to benefit Malaya, while we remain underdeveloped. Sabah and Sarawak have been treated as colonies, with our resources exploited to enrich elites in Kuala Lumpur and their local collaborators.
4. Failure of a Secular and Pluralistic Federation
Malaysia was supposed to be a secular, pluralistic federation, as promised under MA63. However, these promises were broken. What we now see is a system of racial and religious supremacy—an oppressive apartheid-like structure in place of the equality that was once guaranteed. The diversity of Sabah, Sarawak, and Malaya is marginalised, and most of the rights promised under MA63 have been systematically eroded.
The Right to Independence
5. Our Right to Exit
After 61 years of exploitation and oppression, the time has come to assert our right to exit this failed federation. Under international law, we are not bound by an agreement that was invalid from the start, repeatedly violated, and imposed upon us through coercion. This was the principle of legal capacity, affirmed by the International Court of Justice in the 2019 Chagos Island case. At the same time the ICJ confirmed that the right to self-determination was a legal recognised by UN Resolution 1514.
Sabah and Sarawak have the inalienable right to self-determination. We deserve true independence, the right to control our own resources, and a future where our rights are fully respected.
Fellow citizens, we cannot continue to accept this humiliation. Let today be the day we reclaim our right to independence and demand justice, freedom, and the end of 61 years of betrayal.
Thank you.
Robert Pei
President Sabah Sarawak Rights Australia New Zealand
15 September 2024#
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