Wednesday, 4 February 2015

WHY 'SECESSION' IS A NON-ISSUE FOR SABAH AND SARAWAK

Look at Singapore how they have advanced from a 3rd world though physically small, developed beyond the wildest expectation into  an economic giant without any natural resources. It has been Southeast Asia's most modern city for over a century. Singapore having similar history with Sabah Sarawak offers us many good examples of good governence.

The legal precedent created by the unilateral seperation of Singapore - a break away from the Malaysia Agreement 1963 opens the door for Sabah Sarawak to exit similarly. If Singapore can do it Sabah Sarawak can do it too. This is not "secession" . To break away from the Malaysia Agreement 1963 (MA63) is not "Secession".

In accordance with Article 160 of the current Federal Constitution ; Interpretation - the Federation is defined as 'the Federation established under the Federation of Malaya Agreement 1957'. This definirion does not include Sabah Sarawak for the simple reason, Sabah Sarawak were/are never part of Malaya and never signed this agreement. As we all know Sabah Saeawak only signed the Malaysia Agreement 1963.

So legally for the past 52 years since 16 Sept 1963, Sabah Sarawak existed as Self-Governing States/Nations outside the jurisdiction constitutionally. There is no need for Sabah Sarawak to get out of "malaysia"; they are already outside : how to get out when they were never in on the first place; therefore the question of "secession" is a non- issue.

There can only be One Malaysia; based either on (1) The Federation of Malaya Agreement 1957 ..or.... (2) The Malaysia Agreement 1963.

Actually, "malaysia" as defined under the Malaysia Agreement 1963 was only conceived, proclaimed on 16 September 1963 and after that it was never realised , was abandoned and what was in place was the continuation of the Federation of Malaya 1957 withn a name changed to "malaysia" - Malaya and "malaysia" are one and the same international person - this was what the permanent representative of Malaya reported to the Secretary General of the United Nations on 16 September 1963 ; the day "malaysia" was proclaimed.

In order to adopt the Malaysia Agreement 1963 into the cinstitution, the Federation of Malaya Agreement 1957 must first be abolished. This however is not as simple as it may seem, because if this agreement is abolished, it will set free the 11 states of Malaya free to independence; the oil rich states of Kelantan and Terengganu are too anxious to take full control and ownership of their oil wealth to be like Brunei and states like Penang, Selangor and Johor (industrially developed) would emulate the likes of Singapore.

Such being the case, from the current constitutional scenario, It is clear that ; there can only be ONE MALAYSIA ; constituted by :-

(a)  the Federation of Malaya Agreement 1957 which does not include Sabah Sarawak...or......

(b)   the Malaysia Agreement 1963 which does not include the 11 states of Malaya.

Sabah Sarawak can continue as they were Self-Governing Status which was attained on 31 August and 22 July 1963 respectively from the British in peace without any interference from any party. The natural option that is open to them  can always be to seek Self-Determination if the people wishes to do so ; by submitting a Petition to the United Nations for a change of their status from that of 'Change in Status' to that of 'Independence' peacefully without any interference from any quarters legally in pursuit of the United Nations Charter for Decolonisation as of right to be exercised at will at any time of their own choosing as protected by International Law.
Reactions:

0 comments :

 
Related Posts Plugin for WordPress, Blogger...