WAS MALAYSIA AGREEMENT A DE-COLONIZATION OF SABAH & SARAWAK OR WAS IT JUST RE-COLONIZATION BY MALAYA? WHY MA63 NULL & VOID? Dr. Kitingan was reported as saying “Fulfil MA63 or let Borneo States (go) free”. He is arguing from the perspective that MA63 was a validly made Treaty but has been “repudiated” by Malaya by its non-compliance. If MA63 is accepted as a validly made international treaty, Malaya has for over 50 years been making fundamental breaches of MA63. In reality Malaya entirely ignore the most important parts on Borneonization and basic human rights such as religious freedom and freedom from racial discrimination. If this is the case than SS should just accept that MA63 is no longer binding on them and Malaysia ceases to exist. . MA63 NULL & VOID According to a legal opinion presented in the SAPA Forum MA63 was null and void AND not binding on the signing parties from the beginning for a number of reasons. 1. The most important was that Sabah and Sarawak were colonies and did not have legal capacity to sign MA63. 2. Britain was bound by a previous treaty with Sarawak to restore Sarawak independence first but had breached its trust. 3. Britain & Malaya violated international law and 1960 UN Declaration for Decolonization Resolution 1514 (XV) and 1948 Universal Declaration of Human Rights on nations rights to self-determination in coercing SS into Malaysia. A number of overlapping reasons were set out. 4. (a) The concept of 5 countries forming Malaysia (including Brunei) was changed to 4 when Brunei did not sign MA63 – thus QC Baron Lester argued that MA63 had no legal effect. (b) The concept changed again to 3 countries when Singapore separated- breaking the fundamental idea in Malaysia structure in MA63. SS were excluded from the separation agreement negotiations and prevented from following Singapore in separating. 5. An argument advanced by Sabah lawyer Vidal Weill is that Britain had not power to transfer Sabah as the Filipino claim had not been resolved. If MA63 is null and void from the beginning there is no need to “secede” (as this implies MA63 was valid). The first step is to get a legal declaration that MA63 is void and Malaysia is illegal and not binding on Sabah and Sarawak. The MA63 is discussed in SAPA Forum papers posted on this link: sarawakaspiration.org/p/publications.html
Posted on: Mon, 30 Jun 2014 01:46:56 +0000
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