New Resolutions on Occupation Day 916 for Way Forward

Listen to soft instrumental music for 15 to 20 mins before bed to calm the emotions and have a restful night . . .

If true, why did Mahathir advise Jeffrey Kitingan not to tell the people what they did not know.

“Don’t make the people smart,” Mahathir told Jeffrey after he was released from detention without trial.

JK was detained under the ISA in 1990 for nearly four years because of MA63 and PBS pullout from BN masterminded by YTL and supported by Dompok.

YTL first approached JK but the latter was not in favour of the idea. In fact, JK cautioned YTL, “if PBS pulls out, Mahathir will go after me”.

After JK was released in 1994, YTL’s first words to him were, “Never mind Jeffrey. Small sacrifice for Sabah mah!”

Ironically, Mahathir confessed in the media after he became PM the 2nd time that he had never read MA63. “I just followed the policies of my predecessors towards Sabah and Sarawak,” he admitted.

RPK: We must remember, when Mahathir was Prime Minister, he detained under the Internal Security Act (ISA) Dr Jeffrey Gapari Kitingan and a number of other Sabah political leaders and activists for saying precisely what Mahathir is saying today — which is Sabah and Sarawak should be equal to Peninsular Malaysia.

What does Mahathir mean by Sabah-Sarawak are “equal partners”?

This was in January this year.

What Is the MA63? And Why it Is Important to Sabah and Sarawak

Occupation Day 916, 16 Sept 1963, marks New Resolutions for Way Forward.

North Borneo and Sarawak need to get their relationships and politics right with Malaya.

For starters, they should not take sides in the politics in Malaya.

The strategy of supporting whoever is in Putrajaya a la “siapa menang, saya sokong” is a policy that has not brought dividends as evident in the plight of Harris Salleh and Musa Aman.

Musa was dragged to court on 46 corruption charges after being ousted unconstitutionally, as implied by the Federal court recently, on 12 May 2018 i.e. two days after he was sworn in as Chief Minister.

Frogs will be irrelevant if the heads of state — sultan, Agong, Governor — remain above the fray.

His case should have been settled by the court in two weeks.

Yet, two years later, there’s still no closure. The delay has been fatal. How is the Federal court going to uphold the sanctity of the state Constitution and return Musa as Chief Minister when snap elections will be held on Sept 26?

It would be interesting to see whether there are any novel developments in law in the Federal court, and the law is declared, notwithstanding the snap elections.

Likewise, opposing Putrajaya for no rhyme or reason except “aku punya negeri” a la “North Borneo for North Borneons ” and “Sarawak for Sarawakians” brought unmitigated disaster for Donald Stephens, Mustapha, Pairin and soon probably Shafie Apdal if he doesn’t keep a distance from Mahathir, Anwar Ibrahim and DAP.

We need a “North Borneons for North Borneo” and “Sarawakians for Sarawak” approach.

We need to make friends and influence people.

We are too small to focus on collecting as many enemies as possible for a “method in madness” approach.

The 57 Borneo MPs should form a united, neutral and independent bloc in Parliament. They can support Putrajaya on a Bill by Bill basis subject to consensus on immediate matters and compliance on MA63.

The immediate matters include:

internal security should be the sole responsibility of North Borneo. This includes acting against the PTI;

a role for Borneo MPs in foreign affairs, defence, finance and Malaysian Common Market areas;

delegation of greater administrative powers by devolution as proposed by then Prime Minister Najib before GE14. This would reverse the British colonial transfer of administrative powers in North Borneo and Sarawak to Malaya on 16 Sept 1963.

re MA63:

All politics are about restructuring the distribution of power and restructuring the distribution of resources.

The grinding poverty of North Borneo and Sarawak is due to corruption i.e. the transfer of wealth from those who have no power (North Borneo and Sarawak) to those who have power (Malaya).

To add insult to injury, the parti parti Malaya are also after seats in the North Borneo and Sarawak assemblies and the Borneo seats in Parliament to drive the final nail in the coffin of the people of North Borneo and Sarawak, the Orang Asal in particular.

International law has outlawed colonialism, including internal colonialism as seen in South Sudan, as a form of criminal enterprise to accumulate capital.

if the Federal gov’t continues to be non-compliant on MA63, the state assemblies of North Borneo and Sarawak should Invoke Article VIII of MA63 for a new form of self-determination.

After over half a century of non-compliance on MA63, the question of acting in haste and repenting at leisure does not arise.

In international law, the principle of self-determination also holds that territories cannot be together if their history, people, culture, customs, traditions, politics and economy are worlds apart.

16 Sept 1963 was supposed to be one form of self-determination but it was confined to the transfer of administrative powers, foreign affairs, defence and internal security in Borneo to Malaya by the British colonialists.

After over half a century, it’s clear that the Federal gov’t of Malaya, now Federal gov’t of Malaysia, would not comply with the Malaysia Agreement 1963 (MA63), the basis for North Borneo and Sarawak to be in Malaysia with Malaya as Equal Partners.

Malaya doesn’t even celebrate the so-called Malaysia Day on Sept 16. It observes Merdeka Day, Aug 31, and expects North Borneo and Sarawak to do likewise.

I am using the old term North Borneo instead of Sabah. Sabah is that part of North Borneo, EssZone, which the Philippines claims. Malaya refers to the whole of North Borneo as Sabah.

The Orang Asal are plagued by frogs, masquerading as leaders, who latch on to Malay YouKnowWhat in Malaya and subscribe to the CTCP Syndrome to fill the pockets at the expense of the people.

Hence, the Federal gov’t’s non-compliance on MA63 since Malaysia Day 16 Sept 1963, now Occupation Day 916.

The Orang Asal in particular need to get their act together. So far, they have confined themselves to disparaging Mahathir, Harris Salleh and Musa Aman in derogatory terms like “mamak”, “Bapa Projek IC”, “Keling” and “Pakistan”.

Except for the Indians and Chinese in Borneo who are the result of the British Empire, the Orang Asal refer to all others as PTI.

The Orang Asal should consider that except for the PTI who came within the last nine years, it may not be possible in law to deport the other PTI unless their home countries accept them.

The Federal court has recent case law on this matter. The Federal court advised the “stateless” to confirm their status with their home countries and approach it if necessary.

The stateless cannot be deported since they have no country.

The jury may still be out on whether the PTI who came by the backdoor, and therefore having no record of leaving their home country, can be deported no matter how long they stayed in North Borneo.

Again, we may need the Federal court to rule on this matter but it can decline to do so.

The passage of time may prove fatal.

If so, Parliament needs to pass Amnesty as otherwise the PTI will continue to remain in a legal twilight zone, and politics will prevent a resolution even on humanitarian grounds and international law on human rights.

Read further here . . .

‘Moment of Truth’ for Sabah, Sarawak on Malaysia Agreement 1963 (MA63), Malaya kicks can further down the road.

MA63 states there must be a Malaysian Constitution.

It didn’t say it must be written/codified.

Though the IGC Report and the Malaysia Agreement were not fully incorporated into the Malaysia Act and the Federal Constitution, their sanctity and quasi-constitutional status have been reiterated by our courts in several decided cases.

Among them are Sugumar Balakrishnan (2002), Datuk Hj Muhammad Tufail (2009), Robert Linggi (2011), Fung Fon Chen@ Bernard (2012), and the scintillating dissenting judgment of the then Chief Judge of Sabah and Sarawak, Tan Sri David Wong Dak Wah, in TR Sandah Ak Tabau (2019).

The Malaysia Agreement was signed on July 9,1963.

Subsequently, a monumental amendment to the Federal Constitution in the form of the Malaysia Act (No 26 of 1963) was passed in the Federal Parliament with effect from Sept 16,1963.

The amendment gave effect to most, but not all, of the demands as well as negotiated settlements.

The Malaysia Act rewrote the Merdeka Constitution to accommodate the realities of a new, enlarged and immensely more diverse nation.

Eighty-seven out of 181 Articles and 10 out of 13 Schedules of the Federal Constitution were amended.

Thirty-five new articles were inserted to grant to Sabah and Sarawak guarantees of their autonomy and special position.

This special position was justified for many reasons. The 1963 pact between the Federation of Malaya, the UK government, North Borneo (Sabah), Sarawak and Singapore was drawn up after a lengthy process of bargaining and negotiations.

The delegates from Sabah and Sarawak made it very clear to the IGC that special treatment was a pre-condition for constituting Malaysia.

Author: fernzthegreat

Joe Fernandez holds a honours degree in management, majoring in economics, and has opted from academia in law to being a jurist. He was trained professionally on the job as a journalist. He's a longtime Borneo watcher, keen on the history and legal aspects of Malaya's presence in Sabah and Sarawak. He teaches the English language privately and has emerged as a subject matter expert in public examination techniques.

3 thoughts on “New Resolutions on Occupation Day 916 for Way Forward”

  1. Good day sir,
    May I ask, why are you so obsessed with Kerala, when you do not wish to live there?


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