When the two Borneo nations were dragged into the Federation with Malaya, the Conference of Rulers, the Sultans, the states in Malaya were not consulted. Why must Sabah, Sarawak now go through the Conference of Rulers now that they want to stand on their own two feet? Also, the states of Malaya were not consulted whether they wanted to be in a new Federation with Sabah and Sarawak. There was no referendum either before Sabah and Sarawak were dragged by the Malayans and British into Federation with Malaya in 1963. The principles which support Sabah and Sarawak going their own way can be found in the Western Sahara Case Advisory Opinion ICJ Reports (1975) 12. The inicia include (a) a unique cultural or ethic group; (b) a defined geographic area; (c) the will to emerge as a free state; (d) the will to self-determine governance independently; (e) attempts to assert the aforesaid wills. A reading of this case is a good start for the client as well as the Declaration on the Granting of Independence to Colonial Territories and Peoples, General Assembly Resolution (XV) of December 14, 1960 GAOR, 15th Sess, Supp 16 at p 66. Whether it’s easy or otherwise for Sabah and Sarawak to leave the Federation is beside the point. themalaysianinsider/sideviews/article/separation-not-pakatan-rakyat-is-the-answer-for-sabah-and-sarawak-daniel-jo
Posted on: Mon, 17 Feb 2014 18:12:35 +0000
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