“However, it’s being argued in the social media that MA63 may not be a Trust Deed at the same time, contrary to the stand taken by activists in Borneo. Trust Deed implies a temporary arrangement.”
MA63, pointed out Daniel John Jambun who heads the UK-based Borneo’s Plight in Malaysia Foundation (Bopim), provides the basis for Sabah and Sarawak to be in Federation with Malaya. “We cannot allow our history to be dictated by collective amnesia.”
Even if MA63 was not a Trust Deed, added Jambun, the question arises whether it could be considered a Trust Deed. “South Sudan, for example, was not considered an internally colonised state under the UN system until the world body made that determination.”
In the case of Borneo, continued Jambun, British troops were replaced by Malayan troops on 16 September 1963, after a UN fact-finding and survey and acceptance of MA63.
“Still, a question arises whether there was any real change of status between Britain ending its colonial occupation of Sabah and Sarawak and their being in Federation with Malaya given ‘non-compliance’ on MA63.”
“The Intention of the Founding Fathers in Borneo was Federation with Malaya as per MA63 if continued independence was not the best option available under the circumstances.”
The reality in Borneo appears to have turned out to be very different, pointed out Jambun. “The definition of Federation in Article 160 makes no mention of MA63 and instead derives from the Federation of Malaya Independence Act 1957.”
“This Act takes off from the earlier Federation of Malaya Agreement 1948.”
The crux of the matter, stressed the human rights advocate, was that an amendment in 1976 — long after Singapore exited its merger with Malaya and Federation — saw Sabah and Sarawak under Article 1 as the 12th and 13th states in the Malayan Federation, now known as Malaysia. “This was not the Intention of the Founding Fathers in Borneo.”
Again, belaboured Jambun, MA63 as an International Agreement and Treaty cannot be “amended” by the Malaysian Parliament or ignored by the Federal Constitution. “The Federal Constitution, in the absence of a Malaysian Constitution, must be read together with MA63 and other constitutional documents on Malaysia.”
The Bopim Chief agreed that the Sarawak Assembly has since passed unanimous motions on MA63 and oil and gas resources. “Still, it would be useful to get input from the UN Sec-Gen on MA63 especially given the absence of similar motions in the Sabah Assembly.”
Jambun had previously written to the Queen in England urging Her Majesty to hold a Royal Inquiry and Review on the exact nature and circumstances under which the British withdrew from Borneo. The Queen replied that her Foreign Secretary would respond on the matter. However, the Foreign Secretary threw cold water on the proposal. Jambun didn’t pursue with a Judicial Review against the Foreign Secretary virtually rejecting the proposal.
In a subsequent communication with the Foreign Secretary, Jambun argued that if the British Government could hold a Public Inquiry on Hong Kong to determine whether Beijing had lived up to its obligations on the former crown colony, there was no reason why a similar exercise could not be held on Borneo. The Foreign Secretary, nevertheless, saw no reason to change his position on the matter despite Hong Kong being cited as a precedent.