PBS nafi ingin bersama Warisan, PBS komited bersama GRS, kata Presidennya

            Datuk Dr Joachim Gunsalam, Presiden PBS merangkap Timbalan Ketua Menteri Sabah.

3-10-2024

KOTA KINABALU : Presiden Parti Bersatu Sabah (PBS), Datuk Dr Joachim Gunsalam, menafikan laporan atau khabar angin yang Majlis Tertinggi partinya berharap PBS, StarSabah dan Warisan akan dapat membentuk kerjasama sebagai alternatif baru.

"Tiada kebenaran laporan ini. PBS kekal dan komitted bersama GRS", kata Dr Joachim ketika dihubungi Borneo Herald hari ini.

Dr Joachim yang juga Timbalan Ketua Menteri berkata ada pihak yang cuba mengelirukan orang-ramai dalam hal itu.

"Ini cubaan mengelirukan rakyat Sabah," katanya ringkas.

PBS dijangka mengeluarkan kenyataan rasmi mengenai perkara itu hari ini.

Khabar-khabar angin bertiup kebelakangan ini bahawa ada usaha menyatukan Warisan, PBS, StarSabah dan KDM untuk menentang Gabungan Rakyat Sabah (GRS) pada pilihanraya negeri yang bakal diadakan pada bila-bila masa.

Kononnya salah satu sebab utama usaha itu ialah keangkuhan rakan dalam GRS terutama PGRS pimpinan Ketua Menteri Datuk Hajiji Noor yang enggan memberi lebih banyak kerusi untuk ditandingi PBS dan StarSabah pada PRN mendatang.

Satu lagi sebab ialah penegasan Hajiji bahawa GRS akan tetap bekerjasama dengan parti-parti dari Malaya seperti DAP, PKR dan Amanah menerusi Pakatan Harapan yang juga turut dianggotai Upko.

Hari ini, viral satu laporan oleh laman yang bernama MalaysianSpeaks memetik sumber dalaman PBS berkata parti itu ingin mencari rakan baru kerana kebersamaan dalam GRS tidak menguntungkan PBS malah akan mengecilkan lagi parti yang sudah berusia menjangkau 40 tahun itu.

Seorang pemimpin lain PBS yang dihubungi Borneo Herald pula berkata "biarlah presiden atau setiausaha agung yang mengeluarkan kenyataan mengenai hal ini."

"Tidak dinafikan, ada yang berpendapat terus bersama GRS tidak menguntungkan PBS dan boleh menghancurkan PBS, tapi biarlah presiden yang ulas perkara ini," katanya sambil meminta namanya tidak disiarkan.#

SSRANZ & RSNB's response to Malaysian IGP and accusation of sedition

    The event in question, in Melbourne, Australia, organised by Sabah and Sarawak activists based there.

Here is a lengthy response from the two bodies that are responsible for the Melbourne event that  lowered Malaysia's flag and raised both Sabah and Sarawak flags...

30-9-2024

SSRANZ & RSNB REJECT ALLEGATIONS OF SEDITION & CONDEMN  MALAYAN  PARTIES’  INTERFERENCE 

The Sabah Sarawak Rights Australia New Zealand (SSRANZ) and Republic of Sabah North Borneo (RSNB) NGOs issue the following joint statement in refuting allegations of sedition made against a peaceful Melbourne flag raising ceremony:

Summary of the Event:

The flag-raising event held in Melbourne, Australia, on 15 September 2024, marked the 61st anniversary of the British "decolonization" of Sabah and Sarawak on 16 Sept 1963, and their subsequent absorption into the Malayan Federation with its name changed to Malaysia under the Malaysia Agreement 1963 (MA63, if valid).  Malaysia was formed under dubious legal conditions which questioned its legitimacy. The NGOs noted that it was a perfectly legitimate expression that with one flagpole the flags had to be raised and lowered in turn.

 The event was also to highlight 61 years of Malayan humiliation, subjugation and exploitation of Sabah and Sarawak, reducing them to colonial dependencies in Malaysia.

 The peaceful gathering was given significant media attention in Malaysia and abroad, with sensational news headlines with reports accusing the event as seditious, such as “Cops probe video of M’sian flag being replaced with that of Sabah, Sarawak”, “Investigate the mastermind of the incitement to lower the Malaysian flag - AMK Marudu”, “In Malaysia, viral video linked to Borneo secessionists sparks police investigation”.  Sabah UMNO Media Chief made inflammatory allegations that the rally was “inciting and destabilising” the country. 

 The Malaysian police was instigated to launch an investigation on a viral video showing the Jalur Gemilang (Malaysian flag) being lowered and replaced with the flags of Sabah and the Kingdom of Sarawak (flown as independent Sarawak national flag from 1870 to 1946 and also under British colonial rule from 1946 to 1963 and then as Sarawak's state flag from 1963 to 1973), following police reports lodged by UMNO and PKR members in Sabah. 

SSRANZ and RSNB strongly refute the Sedition Allegations and state that it was a lawful rally to highlight a number if issues concerning the legitimacy of Malaysia Formation and 61 years of Malaysia misrule:

1. The Flag-Raising Was Not An Incitement To Violence Or Sedition: The NGOs strongly condemned the politicisation of the event by UMNO and PKR, in spreading politically motivated misinformation and manipulating the police to suppress freedom of expression and legitimate grievances. They criticised the Malayan-controlled Sabah UMNO Party and Sabah PKR members for orchestrating baseless accusations such as “inciting and destabilising” the country, aimed at discrediting calls for self-determination and rights restoration. This highlights that Malayan parties will always prioritise Malayan interests over those of Sabah and Sarawak, perpetuating domination and exploitation of the two territories.

Regarding allegations of sedition: Contrary to the portrayal of the rally by Sabah UMNO Media and the police, the event was a peaceful expression of dissatisfaction with Malaysia's ongoing failure to honour its international law obligations under MA63. The flag-raising was not an incitement to violence or sedition but symbolised the continued marginalisation of Sabah and Sarawak. It was a call for the people of these regions to remember the loss of their sovereignty and to raise awareness of their situation to the world. The response of Malayan Sabah political parties only exposed their colonial mindset and subservience to Malaya.

Legitimate Grievances Suppressed:  The peaceful rally, held in a country that protects free speech, was not a call for violence but a statement against the systemic marginalisation of Sabah and Sarawak. Attempts to criminalise this protest are part of ongoing efforts to suppress legitimate grievances. 

2. Neo-colonial Misrule and Exploitation in Sabah and Sarawak: The real source of instability in Sabah and Sarawak stems from decades of federal misrule, corruption, exploitation, and demographic manipulation, including UMNO’s political engineering by granting citizenship to illegal immigrants to secure federal control over Sabah. This has created widespread and deep dissatisfaction against the federal government.

3. Right to Self-Determination: SSRANZ and RSNB stressed that the event underscored Sabah and Sarawak’s legal right to self-determination, recognized by international law and the UN 1945 Charter on Human Rights and UN General Assembly Resolution (UNGAR) 1514. The formation of Malaysia was an external interference by the United Kingdom in collusion with Malaya to deny this right in breach of the United Kingdom’s undertaking to grant independence to both countries when it annexed them as crown colonies in 1946 and UNGAR 1514

This legal right allows for peaceful expressions of national independence and sovereignty, and, if Malaysia is truly a voluntary federation, also implies the right to exit. The British Inter-Governmental Committee (IGC) Chairman Lord Lansdowne in response to calls for the right to exit Malaysia confirmed in 1963 that in a voluntary federation it was an “intrinsic right to secede at any time”. PM Tunku Abdul Rahman in agreement stated that if the 2 regions were unhappy with Malaysia, they could always leave. International law does not prohibit the right to exit any political union for independence.

SSRANZ and RSNB view that Malaysia was unlawfully set up in a manner inconsistent with the Borneo people’s right to self-determination in breach of international law. 

The event symbolically commemorated the 1963 so-called British decolonisation of North Borneo (Sabah) and Sarawak, which occurred through the unlawful transfer of their sovereignty to Malaya. This transfer, carried out without a proper referendum, relied on the flawed findings of the 1962 Cobbold Commission and the 1963 UN Mission, leading to the forced inclusion of these regions into the Federation of Malaysia. It was for this reason that Indonesian and Philippines Governments opposed Malaysia on the ground that the process of Malaysia formation did not have legal basis. Rather than achieving true decolonization, the process was intended to impose PAX MALAYSIA by expanding Malaya’s territories, perpetuating colonial dominance under centralised control. Indeed Sabah and Sarawak were taken over by Malaya under coercive emergency conditions and ruled under centralised control with the use of emergency laws from 1963 to 2011, with mass suppression, detention in concentration camps and bloodshed. Malaysia was created in conflict, not consensus! 

It is a historical fact that the British Union Jack was lowered symbolising the end British colonial rule on 16 September 1963 and replaced by the Malayan Jalur Gemilang representing a new ruler and also raising the Sabah and Sarawak flags to show their achieving self-government. Prime Minister Tunku Abdul Rahman claimed that Malaysia was formed to free North Borneo and Sarawak from British colonial rule. However in reality, it was not liberation or freedom from colonialism as the Malayans claimed, but merely replacing the old colonial ruler with a new ruler.   President Sukarno of Indonesia condemned this as neo-colonial transfer of the colonial office from London to Kuala Lumpur. The late Sarawak Chief Minister Adenan Satem reminded the Malayans that Sarawak did not become free from one colonial rule to be ruled by another power.

4. No new nation was form as Malaysia. The renaming of Malaya to Malaysia and the inclusion of Singapore, Sabah, and Sarawak in 1963 was presented to the UN, not as the creation of a new nation, but as an expansion of the existing Federation of Malaya.  The UN Legal Opinion of 19 September 1963 referring to Malayan UN representative Dato Ong Yoke Lin’s letter to the UN Secretary General, confirmed this legal interpretation, ensuring that Malaysia was seen as a continuation of Malaya rather than the creation of a new state or country. This did not require an application for new UN membership. This was a key British planned diplomatic manoeuvre to ensure that Malaysia did not face the same level of scrutiny that a newly independent country would face, preventing strong international challenges to its legitimacy. 

5. The Malaysia Agreement 1963 as an Neo-colonial Territorial Expansion Agreement and at the same time, fulfilled the British Grand Design to continue maintaining it strategic military base of Singapore and economic interests in the region. 

Legal Continuity: The decision to form Malaysia was pre-determined and formalised in the secret “Agreement to set up the Federation of Malaysia” signed by the UK and Malaya on 31 July 1962, one year before MA63 was concluded. The people of Sabah and Sarawak were not represented by their own elected representatives in the negotiations which were held between the UK and Malaya from 1958 to 1963.  

The Malaysia Agreement 1963 was framed as an agreement to expand the Federation of Malaya by admitting three new territories (Singapore, Sabah, and Sarawak). Rather than creating a new political entity, it merely amended the 1957 Malayan constitution to accommodate the entry of new members. This gave the appearance that Malaysia was simply an extension of the Federation of Malaya, rather than a newly formed country. 

Constitutional Amendments vs. New Constitution: A critical point is that Malaysia did not adopt a new constitution, but rather amended the existing Malayan constitution to reflect its new territorial composition. This reinforces the argument that Malaysia was a continuation of the existing state of Malaya, not a newly constituted country. 

6. The event sought to highlight the fact that Malaysia was formed through the invalid Malaysia Agreement 1963 (MA63) signed on 9 July 1963, in violation of the people’s right to self-determination.  MA63 was void ab initio as Sabah and Sarawak were still British colonies at the time and not sovereign states with the legal capacity and free consent to enter into binding international treaties. By including them and Singapore as signatories, the British and Malayan governments deliberately perpetrated a fraud as they were well aware that the three colonies had no legal capacity to be parties to the treaty. If they were, it would not have been necessary for the UK to be involved in the federation process. 

The process of Malaysia formation was designed by the British Government in collusion with the Malayan government to circumvent the UN decolonisation laws and international law with an invalid international agreement. This parallels the 2019 ICJ ruling on the Chagos Islands Case, where the court found that the UK's separation of the islands from Mauritius violated international law because colonies were not sovereign states with the right to make such agreements. Similarly, MA63 is considered invalid from the beginning as the colonial territories of Sabah and Sarawak were not sovereign and thus lacked the capacity to consent freely, making Malaysia's formation legally questionable.

In reality, Malaysia was set up as a de facto neo-colonial creation. The illegality of MA63 underlines the external British Malayan interference and violation of the right to self-determination for the people of Sabah and Sarawak. Their futures were significantly shaped by unlawful external powers (the UK and Malaya) interference, and that they were not given a genuine opportunity to decide whether to join Malaysia or choose real independence. Moreover, the breaches of MA63 over the decades are seen as ongoing violations of their autonomy and rights, further justifying the claim that MA63 was invalid or has since been rendered invalid.

7. Breach of the Manila Accord 1963. Owing to local and international opposition, the Malayan government signed the Manila Accord on 31 July 1963, (22 days after MA63 was signed), with the Philippines and Indonesia governments agreeing to two pre-Malaysia conditions. The Accord required both a fresh survey of the people's wishes in Sabah and Sarawak and the resolution of the Philippines' claim over Sabah before forming Malaysia. The British and Malayan acceptance of these conditions amounted to an acknowledgement that the earlier Cobbold Commission process and MA63 were defective or flawed. However, the British and Malayan governments pre-empted the completion of the UN Mission assessment by announcing prematurely on 28 August 1963, that Malaysia would be formed on 16 September 1963 regardless of the assessment’s outcome. This  breach of the accord further undermined the legitimacy of MA63 and Malaysia’s formation. The failure to resolve the Philippines Sabah claim also questions whether the UK had the legal right to transfer Sabah to Malaya and therefore whether the process of forming Malaysia was legitimately completely. If not then this only confirms that Malaysia is a de facto federation.

8. Highlighting 61 Years of Violations: The rally aimed to shed light on 61 years of multiple Malayan violations of MA63 basic foundational terms for a secular state now replaced with a extremist and divisive apartheid-like race-religion based New Economic Policy (NEP) or Ketuanan Melayu supremacist system, resource exploitation, suppression of civil and human rights and the treatment of Sabah and Sarawak as virtual colonies and the peoples severely discriminated as 3rd class citizens. The event was to expose the real neo-colonial nature of Malaysia and its ruling regime which failed to honour but instead violated the rights and autonomy originally promised under MA63.

9. Symbolic Protest for Unfulfilled MA63 Promises: The lowering of the Malaysian flag and raising of Sabah and Sarawak flags was a peaceful symbolic act highlighting Malaysia's failure to honour MA63, which promised self-determination and equal partnership. The continued political and economic marginalisation of these regions contradicts those promises. Those who support this immoral and tyrannical system and agenda of fascism and race-religion supremacy, fear any challenge to their false privileges.

10. Core Grievances Highlighted by the NGOs: Prime Minster Tunku Abdul Rahman had declared that one of the prime objectives to form Malaysia was to develop Sabah and Sarawak. However, decades of neglect and deprivation of funds and exploitation of Sabah’s and Sarawak’s resources to  enrich the elites and develop Malaya have kept Sabah and Sarawak as the most backward, underdeveloped and impoverished parts of the federation. This is seen in the  continuing Malayan denial of Sabah’s 40% revenue entitlement under MA63, while Sarawak is forced to self-fund its development despite its oil and gas wealth being siphoned off to Malaya.

SSRANZ and RSNB’s Demands:

The NGOs said that they are prepare to consider ceasing advocating for independence if the following conditions are met by the federal government:

 Seek an International Court of Justice review of the validity of MA63 and legitimacy of Malaysia formation in the light of the ICJ ruling in the 2019 Chagos Island Case, that colonies are not sovereign state with legal capacity to make binding international agreements and to abide but its decision on whether MA63 is binding. If not binding, then decolonise Sabah & Sarawak.

 Restore the MA63 secular system by repealing ACT 354 and dismantle the anti-human rights New Economic Policy (NEP) race-religion based institutions which have used apartheid-like policies to discriminate against Sabah and Sarawak and their peoples for decades.

 The immediate implementation of Borneonisation in the civil service and education sectors and withdraw all federal officials to empower Sabah and Sarawak with real self-government and autonomy as agreed.

 Restore full immigration powers to Sabah and Sarawak in their original form.

 Return control over oil and gas resources to Sabah and Sarawak.

 Transfer of all Petronas’ assets to Sabah and Sarawak to compensate for 61 years of resource loss and development opportunities.

 Full restoration of MA63 rights, including the repeal or amendment of the Continental Shelf Act 1966, Petroleum Development Act 1974, and Territorial Sea Act 2012.

 Restoration of 34.6% parliamentary representation for Sabah and Sarawak.

 Withdraw all Malayan political parties from Sabah and Sarawak.

 Resolve the Philippines’ Sabah claim which challenges the legitimacy of Malaysia, pursuant to the Manila Accord 1963. 

 Resolve Sabah refugees problem by repatriation to their homelands or to Malaya.

Conclusion:

SSRANZ and RSNB said that Malaysia's legitimacy will remain in doubt as long as the issue of MA63’s validity along with the unresolved Philippines' claim on Sabah, are not addressed. Even if MA63 is deemed valid, the numerous breaches of its fundamental terms by Malaya, effectively amount to a unilateral termination of the agreement, which entitles Sabah and Sarawak to exit the federation.

The attempt to criminalise peaceful protests and suppress the legitimate demands of Sabah and Sarawak will only intensify calls for independence. The NGOs reaffirm that Sabah and Sarawak, like Singapore, have the inalienable right to self-determination and will pursue independence if their grievances continue to be ignored.

Signed 30 September 2024 by

Robert Pei 

President of Sabah Sarawak Rights Australia New Zealand (SSRANZ)

&

Mosses Anap

President of Republic of Sabah North Borneo (RSNB)#

Sabah, Sarawak NGOs reject suggestion to give 1/3 of Dewan Negara seats to Borneo, it should be Dewan Rakyat seats they say

A Joint Statement by Sabah, Sarawak NGOs

WE note the strong push by NGOs such as ROSE, BERSIH, ENGAGE and Tindak Malaysia to push for the Borneo states to be given more than one-third of Senatorial seats.

After strong pushback from Sabah and Sarawak, they have now issued a statement dated 21 September giving a set of reasons. 

This was published in: https://www.sarawakrose.org/?p=117We reject the reasons given in the statement because they do not address the fundamental issue. 

The fundamental issues are the following: 

1. We are requesting a historical correction to the mistake made in 1965. When the federation of Malaysia was established in 1963, North Borneo (Sabah), Sarawak, and Singapore received more than 34% of the seats in the Dewan Rakyat. This was an important "safeguard" requested by North Borneo (Sabah), Sarawak, and Singapore. When Singapore left the federation in 1965, Malayan officials should have followed the original ratio and redistributed the Singapore seats to Sabah and Sarawak. As a result, we are requesting a correction for a historical error. This correction is similar to the constitutional amendment made in 2021 when the original wordings was put back in Article 1 (2) of the Federal Constitution. It was to “right” a historical “wrong” in 1976. 

2. All agree that Dewan Negara lacks political legitimacy. Their members are appointed by the Agong and DUN rather than being directly chosen by the rakyat. You cannot expect a non-elected chamber to have the authority to speak out for Sabah and Sarawak with legitimacy. If the Dewan Negara was powerful, Singapore, North Borneo and Sarawak leaders would have requested a third of the Dewan Negara seats back in 1963. The fact that they wanted one-third of the seats in Dewan Rakyat indicates that they knew where power lay.

In summary, using today’s lens and half-truths to push for the 1/3 criteria to be met by Dewan Negara is disingenuous and an insult to Sabahans and Sarawakians. 

The Malayan NGOs may want to reform the electoral system in Malaya but they should do so without harming the interests of Sabah and Sarawak. 

Their push for more equalization of the vote in Malaya should not include Sabah and Sarawak  as it is a political  problem in Malaya between the Malays and non-Malays. 

It has  nothing to do with Sabah and Sarawak. We urge all Sarawakians and Sabahans to unite on this issue and reject the suggestions by ROSE, BERSIH, ENGAGE and Tindak Malaysia. They do not have the best interest of Sabah and Sarawak. 

Statement endorsed by : 

1. Sarawak Association For Peoples' Aspiration (SAPA)

2. Dayak International Organisation (DIO)

3. MOPOT - Moningolig Pogun Tokou (Defenders of Ancestral LandsSabah)

4. Gindol Initiative for Civil Society Borneo

5. Pertubuhan Kebajikan Rumpun Dayak Sabah (PKRDS)

6. Gabungan orang Asal Sarawak (GOASS)

7. Persatuan Etnik Dayak Asal Sarawak (PEDAS )

8. Sarawak Institute of International Affairs (SIPA)

9. Sabah Action Body Advocating Rights (SABAR)

10. Sabah Entitlement & Equity Now (SEEN)

11. Sarawak Dayak Iban Association (SADIA)#

Stop the amendment on citizenship, Sabah NGOs and activists call on Sabah MPs

Borneo Herald publishes the full statement herewith :

PRESS STATEMENT

SABAHANS: CITIZENSHIP BILL WILL EXACERBATE STATELESSNESS

CRISIS IN SABAH

28 September 2024

WE, civil society organisations, activists and individuals in Sabah, are deeply concerned with some of the amendments in the Constitution (Amendment) Bill 2024. We understand that the Bill will be debated and voted on between the 14th and 15th October.

To date, the government has not consulted us as stakeholders with extensive knowledge and experience from direct engagement with individuals and families who will be negatively affected by these amendments. It is widely acknowledged that a high number of children born in Sabah do not have proper documentation – even when at least one parent is Malaysian. As a result, these children are frequently denied Malaysian citizenship. Their lack of legal status criminalises their existence, and they struggle to access even the most basic rights such as education, healthcare and subsequently employment.

Because the number of Sabahans without proper documentation is high, it is our firm belief that two amendments in particular will severely exacerbate the challenges of statelessness in Sabah. 

An amendment to Section 1(a) will remove the constitutional right of children born to individuals who are permanently residing in Malaysia to access automatic citizenship. This is a problem for Sabah because over the years, many Sabahans – individuals who have born and lived all their lives in Sabah – have been granted permanent resident status (red IC) instead of Malaysian citizenship (blue IC). Despite their PR status, they are stateless and have no country of origin. If the amendment to Section 1(a) passes, these individuals – when they have children – will be unable to pass on any no citizenship, thus leading to intergenerational statelessness. This will increase the number of individuals who will need to apply for citizenship, instead of being granted it automatically. 

Secondly, the government is also proposing to reduce the age limit that a child can apply for citizenship from 21 to 18. This amendment will shorten the amount of time a child has to apply for Malaysian citizenship by three years. It is well known that the approval process of citizenship applications is long, and marked by a lack of transparency. After the age of 21, there is no clear pathway to citizenship unless special approval is granted by the Home Minister. 

Together, both amendments will increase the number of people who will need to apply for citizenship, while simultaneously reducing the amount of time they are able to do so, without fixing the application process itself. These amendments do not bode well for Sabah, and threaten to only worsen statelessness in a state that is already grappling with the largest number of undocumented Malaysians in the country.

We urge the Government to engage with MPs, ADUNs, CSOs in Sabah, and other key stakeholders to understand the situation in Sabah. We strongly believe that Sabah MPs must vote against amending sections 1(a) and provisions to reduce the age limit. 

The amendment granting Malaysian women the automatic right to confer citizenship to their children born overseas, however, must proceed without delay, while the harmful regressive amendments should be halted and removed entirely. Passing the bill in its current form will worsen the statelessness crisis in Sabah, particularly among vulnerable, long-neglected communities.

The government must recognise the unique challenges faced by Sabah and move away from policies that reflect a form of modern colonisation — by imposing measures that worsen local conditions without understanding or addressing the realities on the ground. We call for better solutions that tackle the root causes of statelessness in Sabah by disclosing the number of statelessness among Malaysian families and provide solutions based on the evidence at hand, rather than quick fixes that ultimately fail the very people they are meant to help.

ENDORSED BY 66 SABAH CSOS, ACTIVISTS AND INDIVIDUALS

SABAH CSOs:

Advocates for Non-discrimination and Access to Knowledge (ANAK)

Borneo Komrad

Borneo Speaks

Cahaya Society

Child Safeguarding Initiative Sabah

ETANIA Schools Sabah

Gindol Initiative for Civil Society Borneo

Good Samaritan Kuala Lumpur

Green Semporna

HUSH Collective 

Iskul Sama diLaut Omadal

Jaringan Orang Asal SeMalaysia (JOAS)

Justice for Sisters

Light Brigade (LB)

Mandiri Borneo

PACOS Trust

Persatuan Tadika Sabah

Pertubuhan Minda Anak Sabah (MINDA)

Pertubuhan Permuafakatan Dan Perpaduan Peranakan Suluk Bajau Sabah

PLUHO, People Like Us Hang Out!

Sabah AIDS Support Services Association (KASIH)

Sabah Human Rights Centre (SHRC)

Sabah Women's Action Resource Group (SAWO) 

Society for Equality, Respect And Trust for All (SERATA)

Stairway to Hope

Tarbiyatun Nisa' 

The Tiada.Guru Campaign

Undi Sabah

Sabahans (Activists & Individuals):

Abigail Jubilee

Adzmin Fatta

Alanis Mah Siao Yen

Ana Jonessy

Andi Suraidah

Ann Cerill Ivon Michael

Anne Baltazar

Beverly Joeman

Calvina Angayung

Cherlanne Patrick

Daphne M Iking (Humarap)

David Ong

Dr Kanul Gindol

Edna Salumbi

Elizabeth Chin-Sikayun

Fazar Arif

Fiqah Roslan

Gavin Chow

Hanaa Wong Abdullah 

Irwan Idris

Jacqueline Lingham

Jason Hoo Kim Thoe 

Liyana Khalisa binti Kula

Mashithah binti Abdul Halim

Megan Steven

Michael Liman

Mohd Nasir Alizaman

Noah Raj

Nurul Rafeeqa

Patty Pang

Prudence Lingham

⁠Qalista S. Dohny

Rachel Giling

Ruth Yap

Sherzali Herza Asli

Siti Maryam binti Dawalih

Sonia Chin

Wong Kueng Hui 

Marshela binti Foh

Addy Samsudin

Contact Persons: 

Anne Baltazar | 014 3701317

Beverly Joeman | 011 59826297#

Dr Kanul says apt name for the sea fronting Borneo island is Borneo Sea

There should be Borneo Sea from now on, says activist Dr Kanul Gindol from Sabah.

Luke Rintod, 28-9-2024

KOTA BELUD : A well-known Sabah activist has suggested that the vast sea on the west side of the Borneo Island should be named the Borneo Sea.

"I suggest Malaysia consider to rename the large part of sea fronting the island of Borneo as the Borneo Sea," he said in a statement issued from Kota Belud today.

He was commenting on suggestions by various observers lately to rename the South China Sea, partly to counterbalance communist China asserting claim to the whole of South China Sea.

Dr Kanul, who worked as journalist before, said for that matter the three Borneo's states of Sabah, Brunei and Sarawak must be in agreement to name such sea as the Borneo Sea.

"If we have Sulu Sea, Celebes Sea and Java Sea, there is no reason a sea-surrounded large island of Borneo can't have a Borneo Sea, at least the vast sea on its western frontage.

"This part of the sea was used to be known in old scripts as Sea of Puni or Poni or Poli, perhaps the Poni referred to Borneo or Brunei," he pointed out.

He further said that this does not discount others from naming the vast sea fronting the Cambodia and Vietnam lands as the Champa Sea.

Dr Kanul is currently a chairman of an NGO, the 

Gindol Initiative for Civil Society Borneo. He is also the Coordinator for North Zone for Parti Kerjasama Anak Negeri.#

Was the Cobbold Commission a scam?

              Voon Lee Shan, a Sarawak lawyer

By Voon Lee Shan, 28-9-2024

WITHOUT the Cobbold Commission, there is no Cobbold Commission Report. Without the Cobbold Commission Report, there is no Malaysia Agreement 1963 (MA63). Without the Malaysia Agreement 1963, there is no Malaysia. However, the issue is Whether the Cobbold Commission was a scam – a scam to deceive the people of the British Borneo Territories to agree to the Malaysia Plan. 

Members of the Cobbold Commission which was set up in January 1962.

The United Nations General Assembly Resolution 1514 is to allow or to have all colonies in the world to be decolonized and achieve independence from their colonial masters.  This Resolution was adopted by the United Nations General Assembly on 14 December 1960. 

But, the Malaysia Plan by the British was not motivated by the United Nations General Assembly Resolution 1514. 

It has to be noted that the Malaysia Plan was motivated by the need by United Kingdom, to release their colonies from their burden in maintaining their colonies. Records show that the British planned Malaysia since 1953 and therefore, I repeat, it has nothing to do with the United Nations General Assembly Resolution 1514. 

It was the plan of the British in 1953 that their colonies in South East Asia has to join together to form a federation or a country. Hence, came the Malaysian Plan.

In order to ensure that the Malaysia Plan be executed smoothly and in compliance with the United Nations General Assembly Resolution 1514 and international protocols, the British constituted the Cobbold Commission in 1962 headed by Lord Cobbold. Lord Cobbold was a former Bank Governor of Bank of England. 

In the Cobbold Commission, there were three British and two Malayans. The two Malayans were Dato’ Wong Pow Nee from Malayan Chinese Association (MCA) and Chief Minister of Penang and Ghazali Shafie, Secretary of the Ministry of Foreign Affairs of Malaya. 

There is no evidence that members of the Cobbold Commission could speak the local or native languages of the Borneo People. Without able to speak native language of Borneo people how could the members of the Cobbold Commission came to the conclusion that the people of Sarawak and Sabah wanted Malaysia to be formed? It could not be denied that this Cobbold Commission was to also to overcome the need for a referendum to determine the wishes of the people of Borneo Territories as required by UNGAR 1514.

The Cobbold Commission published its report on 1 August 1962 concluded that roughly only one-third of Sarawak’ population enthusiastically supported forming Malaysia, another one-third vehemently opposed, and the crucial remaining third of the population, though open to the idea, was yet to be convinced of the merits of independence through merger.  The published report seems not correct because from available records, only 4,000 odd people were interviewed by the Cobbold Commission.  Commonsense tells us that this is devoid of democracy! How could these people who were only about 4,000 odds were able to represent the voice of over a million people of North Borneo and Sarawak at that time to decide the fate or destiny of their countries?

From records and books by a several researchers, it is difficult to convince the people of Sarawak and Sabah not to come to the conclusion that the Cobbold Commission was not a scam that took away the intrinsic rights of peoples of Sarawak and Sabah to determine the fate of their countries and to gain independence.  

Besides two books by Professor Michael Leigh, The Rising Moon and the other ones Deals, Datus And Dayaks, there are two other books that we all in Sarawak, need to read concerning the creation of Malaysia. These two books are one, by Dr Matthew Jones  “Conflict and Confrontation in South East Asia 1961-1965, Britain, the United States and the Creation of Malaysia (2001) and the other ones is by Dr Stanley S. Bedlington’s Malaysia and Singapore: The Building of New States (1978). 

Of course, the research work of AJ Stockwell and The Genesis of Konfrontasi: Malaysia, Brunei and Indonesia 1945-1965 by Dr Greg Poulgrain are “goldmines” that we all Sarawakians should read to find out the secrets on how  Malaysia was created.

Dr. Bedlington mentioned that “local leaders in Sabah and Sarawak reacted strongly and adversely” to the Malaysia Plan.

Dr. Bedlington also mentioned that the Cobbold Commission as a “British contrivance activated and organized by British officials.” He said that the “Commission was an Anglo-Malayan exercise was immediately obvious from the fact that it did not include a single Bornean representative.”

The Cobbold Commission did not conduct any referendum in either British North Borneo or Sarawak to measure objectively the wishes and inclinations of the people on the issue of the “Malaysia” merger to assist in its enquiry. Bedlington added that the population of the two States was subjected to “sustained pressure” by British colonial officials to accept the merger. Records showed that those who opposed the Malaysia Plan were considered “subversives” and were arrested, assaulted and battered and many for fear of arrest and physical injuries had to run away and hid in the forests and took arms to resist their arrests. Many were branded as communists and terrorists and were  shot dead.  Those who are still alive said that they were forced by circumstances to join the clandestine organisation in their struggles to fight against Malaysia Plan.

Matthew Jones in his book noted that the Governors of the two crown colonies were sceptical of the Commission, with Governor Goode of British North Borneo calling the exercise “a farce’.

Therefore, it is clear that the true wishes of the majority of the populations of the two Borneo territories were seriously subverted, if not deliberately misconstrued and ignored. The voices of opposition to the merger were traduced. 

Surprising facts that have been censored or hidden from the public all these years, were revealed by Dr Greg Poulgrain, and, in the process, cast the whole project of Malaysia itself in a fundamentally different light.  Poulgrain was able to combine archival research at the Colonial Office, U.K. with interviews of surviving protagonists of the formative era of Malaysia who had played various roles in that period, thereby challenging the conventional version of the formation of Malaysia. 

Poulgrain referred to a classified Colonial Office paper, “Political Objectives in British Territories of South East Asia” of 10th March, 1953, reveals that the British government (Her Majesty’s Government, or HMG) was “engaging in deliberate deception” for, while paying lip service to the Third Rajah’s aspiration for self-government for Sarawak which is embodied in the preamble to the 1941 Sarawak Constitution, Her Majesty’s Government was already planning for “some form of constitutional association” for the Borneo Territories and the Malaya/Singapore bloc coming together as a “British South-East Asia Dominion” in the early fifties. 

Commissioner-General Malcolm MacDonald On April 2, 1955, informed the British Secretary for the Colonies, Alan Lennox-Boyd, that “the Bornean leaders are perhaps less aware than those in Malaya of our grand design.” 

Despite that, Alan Lennox-Boyd on November 29, 1956, informed the Governor of North Borneo, Sir Roland Turnbull, “The possibility of a federation of North Borneo and Sarawak and indeed of all three Borneo territories ... is a matter for the people of the territories themselves to decide.” It was noted by Poulgrain that, at no time did Her Majesty’s Government envisage self-government by the people of Sarawak. 

However, it must be noted that the colonial officers in the two territories were initially adverse to the idea of a merger of the Borneo states with Malaya and Singapore which they considered premature. 

More concerned with their populations of different ethnicities living in harmony, they had in mind a more gradual move towards independence with the possibility of first forming a Borneon federation before a merger with their more politically savvy neighbours across the South China Sea, Malaya and Singapore.  The “Borneo Proposal” was put forward in 1958, but, as Poulgrain notes, it was already foreshadowed by the 1953 paper. The Borneon proposal was in fact disparaged by the noted historian on South East Asian history, K.J. Tregonning as “a disguised MI5 exercise”. 

Despite that, it is still widely believed and propagated that the proposal for the “Malaysia” merger with the Borneo territories was made by then Prime Minister of Malaya, Tunku Abdul Rahman, on May 27, 1961, to the Foreign Correspondents’ Association Club in Singapore. The British allowed Tunku take the credit for what was in fact the British brainchild, given the potential of the material benefits at stake for Britain. 

It may be noted here that after the war, British interests in Malaya in the form of investments exceeded those that they had in India and the revenue from rubber and tin was sorely needed for post-war debt payment and reconstruction. The financial stake in having a peaceful merger of the Borneo territories and Singapore with Malaya was, therefore, huge. 

Lee Kuan Yew, having been elected the Prime Minister of Singapore, then assisted the British to push forward the idea of Malaysia, while at the same time, consolidating his own party’s position against that of the Barisan Socialis [Socialist Front] whom he characterised, together with the Chinese opposition in Sarawak, as having been directed to oppose the Malaysia plan by outside powers, namely, Indonesia and China. Lee between September 13 and October 9, 1961, made twelve radio broadcasts (published as The Battle for Merger) in favour of the merger. It seemed that Lee Kuan Yew had his own political agenda to have Malaysia formed.

The research work by Poulgrain, however, pointed to that the primary purpose for forming Malaysia was oil, not ethnicity, even though much was made in the press then and in the mainstream books since of the Tunku’s insistence in having the Borneo colonies aboard in order to balance out the large Chinese population in Singapore with the indigenous populations in the Borneo territories. 

The interviews by Poulgrain’s in 1991 with both Captain D.R. Gribble, and Captain Albert Young confirmed that the huge oilfield was known to the authorities in 1958, years before its “official discovery” in 1963. 

The British at that time were prepared to surrender the oil in Sarawak territory to the new federation under control of Malaya. Sir Anthony Abell, then Governor of Sarawak, in April 1956 observed in a communication to the Colonial Office that “the politicians in both Malaya and Singapore were showing considerable interest in the Borneo territories “including its empty spaces, its potential wealth, and its oil”. 

Poulgrain inexplicably added that it is “noteworthy” that the Governor could admit that Malaya had “imperialistic design” on the Borneo territories, and then to treat this as a reason for merger. 

It is also noted that Tunku Abdul Rahman in a series of conversations with Abdullah Ahmad, which was later published in 2016 in a book entitled, Conversations with Tunku Abdul Rahman candidly admitted thus: 

“Yes and they [the British] gave us Sarawak, Sabah and Singapore and so many other things in 1963 [with the formation of Malaysia]. The British could have given Singapore, Sabah and Sarawak independence, but they did not. Instead, they handed them to us”.

That’s how Cobbold Commission was used by the British to deny Sarawak the right to independence and to allow, in the words of, Tunku Abdul Rahman, to be handed to Malaya. From the words of Tunku Abdul Rahman, it should be clear to Sarawakians that 22 July is not Sarawak Independence Day as Sarawak had never been granted independence but was given to Malaya  by the British.  

It was all because of empty spaces, potential wealth and oil that made Sarawak now be part or an enlarged Federation of Malaya, renamed the Federation of Malaysia. Therefore, the Federation of Malaysia is not a new federation or country. This new name was conveyed to the United Nations Secretariat by Dato’ Ong Yoke Lin of Malaya after Malaysia Singapore, Sabah and Sarawak became part of the federation of Malaya effective 16 September, 1963 by way of Malaysia Agreement 1963.

The people of Sarawak needs to know the Truth because it is the Truth that sets us free. May God Bless this Land of Sarawak and her people. 

Voon Lee Shan is President of Parti Bumi Kenyalang of Sarawak

Umno perlu hormati MA63 dan kebebasan bersuara mengenainya

Oleh Daniel John Jambun, 26-9-2024

KOTA KINABALU : Kenyataan terbaru Ketua Penerangan UMNO Sabah, Datuk Suhaimi Nasir, yang menggesa pihak berkuasa mengambil tindakan terhadap individu yang menyokong pemisahan Sabah dari Malaysia dan melabelkan perbincangan tersebut sebagai hasutan, memerlukan respons yang berasaskan prinsip demokrasi dan menghormati kebebasan bersuara.

Pengibaran bendera Sabah dan Sarawak bukanlah seruan untuk pemisahan tetapi demonstrasi aman untuk meningkatkan kesedaran tentang penentuan nasib sendiri, hak yang wujud bagi negeri-negeri Borneo di bawah Perjanjian Malaysia 1963 (MA63).

Perjanjian bersejarah ini, yang menjadi asas pembentukan Malaysia, menjamin hak dan autonomi Sabah dan Sarawak serta mencerminkan prinsip kebebasan pilihan, asas utama mana-mana demokrasi.

Selama lebih lima dekad, rakyat Sabah dan Sarawak telah menghadapi pengabaian sistemik dan eksploitasi sumber, yang membawa kepada kemiskinan yang meluas.

Situasi ini diperburuk oleh pengeluaran kewarganegaraan yang kontroversial kepada pendatang haram dan kemasukan mereka dalam daftar pemilih, tindakan yang telah merosakkan fabrik demokrasi negeri. Amalan ini, yang banyak dikaitkan dengan pemerintahan UMNO, telah mengubah landskap demografi dan melanggar hak-hak penduduk MOMOGUN di Sabah.

Sebagai seorang pejuang demokrasi dan hak asasi manusia yang komited kepada keadilan sosial, saya menyeru pelaksanaan penuh dan setia MA63.

Perjanjian ini bukan sekadar dokumen sejarah tetapi bukti hidup kepada janji kesaksamaan, autonomi, dan hak untuk menentukan nasib sendiri. Prinsip-prinsip demokrasi yang digariskan dalam MA63 mesti ditegakkan untuk memastikan layanan adil dan kemakmuran semua rakyat Malaysia, terutamanya rakyat Sabah dan Sarawak.

NGO dan aktivis Wilayah Borneo akan terus memperjuangkan hak-hak ini melalui cara yang aman, mempromosikan dialog dan pemahaman, dengan harapan semua peruntukan MA63 dapat direalisasikan.

Hanya dengan menghormati proses demokrasi dan menghormati perjanjian yang membentuk negara kita, kita dapat membina Malaysia yang benar-benar inklusif dan bersatu.

Daniel John Jambun ialah Presiden Yayasan Borneo’s Plight in Malaysia

Editor: Kenyataan beliau merujuk kepada satu majlis aktivis Sabah di Australia baru-baru ini yang menurunkan bendera Persekutuan Malaysia dan menaikkan bendera Sabah dan Sarawak.

The English version :

https://www.thestar.com.my/news/nation/2024/09/24/probe-seditious-talk-of-sabah-leaving-malaysia-says-umno-man

Press Statement

25th September 2024

Democracy and Freedom of Choice: Upholding the Spirit of MA63...

Kota Kinabalu: The recent statement by Sabah UMNO Information Chief, Datuk Suhaimi Nasir, urging authorities to take action against individuals advocating for Sabah’s exit from Malaysia, and labeling such discussions as seditious, requires a thoughtful response rooted in democratic principles and respect for freedom of expression.

The raising of Sabah and Sarawak flags is not a call for secession but a peaceful demonstration to raise awareness on self-determination,  an inherent right of the Borneo states under the Malaysia Agreement 1963 (MA63). 

This landmark agreement, which laid the foundation for the formation of Malaysia, enshrines the rights and autonomy of Sabah and Sarawak and reflects the principle of freedom of choice—a cornerstone of any democracy

For over five decades, the people of Sabah and Sarawak have faced systemic neglect and resource exploitation, leading to widespread impoverishment.

This situation is exacerbated by the controversial issuance of citizenships to illegal immigrants and their inclusion in the electoral rolls, actions that have undermined the democratic fabric of the state. Such practices, widely attributed to UMNO’s rule, have distorted the demographic landscape and infringed on the rights of the MOMOGUN population in Sabah 

As a democracy and human rights advocate committed to social justice, I call for the full and faithful implementation of MA63. 

This agreement is not merely a historical document but a living testament to the promise of equality, autonomy, and the right to self-determination. The democratic principles outlined in MA63 must be upheld to ensure the fair treatment and prosperity of all Malaysians, particularly the people of Sabah and Sarawak.

The Borneo Territory NGOs and activists will continue to champion these rights through peaceful means, promoting dialogue and understanding, in the hope that all provisions of MA63 are realized. 

It is only through respecting the democratic process and honouring the agreements that formed our nation that we can build a truly inclusive and united Malaysia.

Daniel John Jambun

President, Borneo's Plight in Malaysia Foundation

World Cleanup Day di Kanul Point, stesen joging komuniti

20-9-2024

KOTA BELUD : World Cleanup Day yang mula disambut sebagai hari rasmi Pertubuhan Bangsa-Bangsa Bersatu (PBB) setiap 20hb September tahun ini turut diadakan di Kota Belud.

Kanul Point, stesen joging komuniti di Kelawat dekat sini hari ini menjadi hos kepada kumpulan kecil lapan orang sekeluarga Gindol yang menjalankan pengutipan sisa sampah sekitar laluan joging terbabit.

Program ringkas namun cukup berimpak itu diketuai aktivis Sabah, Dr Kanul Gindol, yang turut mengutip sampah di kiri kanan jalan lama Kelawat yang kini menjadi laluan joging, berbasikal dan berjalan oleh para pencinta alam.

"Tahun ini kita hanya lapan orang, tapi pada masa hadapan World Cleanup Day pasti akan melibatkan lebih ramai orang dan disambut di banyak tempat," katanya selepas program 45 minit itu tamat.

Berikut gambar-gambar di program ringkas itu yang membawa maksudnya tersendiri :#

Kaum wanita tubuhkan Persatuan Kebajikan Semangat Kasih Kota Belud

20-9-2024

KOTA BELUD: Ketika dunia semakin dilanda perang dan pelbagai krisis kebencian, sekumpulan wanita Kota Belud menerajui penubuhan Persatuan Kebajikan Semangat Kasih Kota Belud (PKSKKB) yang komited memperkukuh kesejahteraan sesama insan.

PKSKKB yang masa ini dianggotai 45 orang ahli, akan melaksana program-program kebajikan yang memfokus kepada penanaman semangat kasih sayang, keprihatinan dan kepedulian terhadap kesejahteraan masyarakat setempat.

"Persatuan ini juga berhasrat untuk membangunkan komuniti melalui usaha kolektif yang mengutamakan kesepaduan antara ahli persatuan dan masyarakat umum," kata jurucakap persatuan itu, Priskila Akwila Senin.

      Peguam muda Priskila Akwila Senin

Mesyuarat Agung Kali Pertama PKSKKB Tahun 2024 diadakan pada Khamis (19-9-2024) di Dewan Skyblue, Pejabat ADUN Kadamaian dekat sini.

Pemimpin Pembangunan Masyarakat (PPM) Kadamaian, Saikom Watis, yang juga merupakan Penaung Persatuan merasmikan mesyuarat agung itu.

Antara yang hadir ialah Pengerusi PKSKKB, Caroline Carol Doruan, Ketua Pemuda Pertubuhan Kinabalu Progresif Bersatu (UPKO) Kota Belud, Jolyhame Saran, Pengerusi Kelab Permotoran Siou Otolikudan Borneo, Mujin Soborong, Penasihat PKSKKB, Lelyvia Mavid, Penolong Pengerusi PKSKKB, Priskila Akwila Senim, dan Justina Satimooi dari Unit Pemimpin Pembangunan Masyarakat (UPPM) DUN Moyog.

Dalam mesyuarat tersebut, matlamat persatuan telah diperincikan kepada semua ahli, yang antara lainnya adalah untuk menjaga kebajikan ahli, memperkukuhkan jaringan kerjasama dengan pelbagai agensi kerajaan, badan bukan kerajaan (NGO), serta individu-individu yang berpengaruh dalam usaha memperkasa masyarakat.

PKSKKB juga bertekad untuk menganjurkan pelbagai program pembangunan yang memberi manfaat kepada masyarakat. Ini termasuk penyaluran bantuan dalam pelbagai bentuk dan mewujudkan jaringan persatuan yang lebih erat dengan masyarakat, sekaligus memupuk budaya saling membantu dan prihatin.

Pengisian program mesyuarat termasuk ucapan alu-aluan oleh Pengerusi Persatuan, Caroline Carol Doruan, selain ucapan perasmian oleh Saikom. Sesi soal jawab yang dikendalikan Penolong Pengerusi, Priskila turut memberikan peluang kepada ahli untuk memberikan cadangan dan pandangan terhadap arah tuju persatuan.

Penasihat PKSKKB, Lelyvia Mavid, turut menyuarakan harapan beliau agar persatuan ini akan menjadi platform yang berdaya maju dalam membawa perubahan positif kepada masyarakat.

“Saya melihat PKSKKB sebagai sebuah NGO yang berpotensi besar untuk membawa kebaikan dan manfaat kepada masyarakat. Harapan saya adalah agar semua ahli dapat memberikan komitmen sepenuhnya dalam setiap aktiviti yang dianjurkan, demi mengangkat nilai-nilai kemanusiaan yang murni,” kata Lelyvia.

Berkenaan dengan perancangan masa hadapan PKSKKB, Lelyvia berkata persatuan akan terus menganjurkan program-program ilmu yang bertujuan meningkatkan sosioekonomi masyarakat.

"PKSKKB merancang untuk menganjurkan program-program ilmu yang mampu meningkatkan taraf ekonomi masyarakat setempat serta mengenal pasti individu-individu yang memerlukan bantuan khusus. 

"Kami juga merancang untuk mengadakan majlis makan amal pertama persatuan, bagi mengumpul dana untuk melaksanakan program-program kebajikan pada masa akan datang," katanya lagi.

Dengan visi yang jelas dan usaha gigih semua ahli, PKSKKB berhasrat untuk terus memainkan peranan yang signifikan dalam membawa perubahan dan meningkatkan kesejahteraan masyarakat khususnya di daerah Kota Belud.#

End 61 Years of Humiliation in Malaysia, says Robert Pei

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#