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MALAYSIA AGREEMENT 1963

SELF-DETERMINATION
FOR
SARAWAK AND SABAH
FORUM
15 JUNE 2014
KUALA LUMPUR

MALAYSIA AGREEMENT:
BASIC FACTS

MA63 is an international treaty registered with UN Treaties


department

MA63 is supreme and the most important document in the


history of Malaysia; without MA63, there is no Malaysia

MA63 can never be amended, unlike Federal Constitution;


MA63 has no time limit and is not bound by limitation

When Singapore exited Malaysia in 1965, MA63 was not


challenged, and no party was sued.

Secession clause was deliberately omitted in MA63 because


purportedly the reason given by Lord Lansdowne, chairman
of IGC Report, any State voluntarily entering a federation

MALAYSIA AGREEMENT 1963


IS IT
DE-COLONIZATION PROCESS
OR
NEO-COLONIALISM SCHEME
OR
RE-COLONIZATION AMBITION

???

MA63 IS:
(1) NEO-COLONIALISM BY BRITAIN
In

1951, Churchill talked of imperial consolidation


consolidation. One year later Macmillan
famously wrote of the march to a Third British Empire
Empire
Decolonization

was not about letting go, but a draining attempt to cling to world power
east of Suez
Suez right up to Hong Kong by fostering friendly regimes (in Malaya, with the
Malay aristocracy/elites)
An

adjustment and power play to retool Malaya as a proxy regional power aligned with
London and Washington interests
A

desire to foster its GREAT POWER ILLUSIONS


ILLUSIONS over its sunset empire with its
MILITARY RESOURCES
Malaya

alone was earning 1/3 of the American dollars of the entire British empire
upholding the sterling as an international currency
The

ultimate aim to perpetuate British prestige and profits and its strategic, military
and economic interests

MA63 ALSO IS:


(2) RE-COLONIZATION BY MALAYA WITH
TERRITORIAL AMBITION
ON 31 AUGUST 1962, TUNKU IN HIS
MERDEKA MESSAGE SAID OF MALAYSIA:
THIS WILL BE A NATION COMPRISING
SINGAPORE, SARAWAK, NORTH BORNEO,
BRUNEI AND MALAYA; AND FROM MALAYAS
PRESENT AREA OF 50,000 SQUARE MILES,
THE SIZE WILL EXTEND TO 130,000 SQUARE
MILES AND THE POPULATION WILL
INCREASE FROM 7MILLION TO 10MILLION.
MOST OF ALL, TUNKU HANKERED AFTER
BRUNEI OIL

CONSEQUENCE

Britain had few parallels in its colonial history


in terms of mans inhumanity to man by
establishing a brutal police state with an
entrenched culture of atrocity and violence
in order to bequeath Sarawak to Malaya
who continued its colonial legacy of
racism and gross human rights abuses.

LEGALITY OF MA63:
THREE PROPOSITIONS
1ST PROPOSITION: That MA63 is void ab initio i.e. to be treated as
invalid from the outset. MA63 is an absolute nullity because as an
international treaty it was not validly made in compliance with
principles and rules of international law;
2ND PROPOSITION: That MA63 was abrogated by Singapore's
separation from Malaysia in 1965;
repudiated
3RD PROPOSITION: That Malaya has completely
MA63 by 51 years of non-compliance and
failure to implement and
honour MA63 as an international treaty.

1ST PROPOSITION
MA63 IS NOT A VALIDLY MADE AND BINDING
MULTI-PARTY TREATY ACCORDING TO:
CUSTOMARY INTERNATIONAL LAW
VIENNA CONVENTION ON LAW OF TREATIES, 1980
(VCLT1980)
UNIVERSAL DECLARATION OF HUMAN RIGHTS, 1946
(UDHR1946)
AND
UNITED NATIONS DECOLONIZATION DECLARATION, 1960
(UNDD1960)

The Vienna Convention on the Law of


Treaties (VCLT1980)
VCLT

is an international treaty concerning the


international law on treaties between nation-states
entered into force on 27 January 1980

VCLT

is codified customary international law,


therefore the Treaty is binding as such on countries
entering into agreements

VCLT

may not be retro-active that is applicable to


treaties made prior to this date such as MA63, yet it
is a useful reference to established principles of
customary international law and established
precedents.

WHAT IS AN
INTERNATIONAL TREATY
TREATY?
A treaty is an agreement in written form
between nation-states (or international
agencies, such as the United Nations, that
have been given treaty-making capacity by
the states that created them) that is intended
to establish a relationship governed by
International Law.

Various terms have been used for such an

MA63 VOID AB INITIO


INITIO
INVALID FROM BEGINNING
MA63 was made in breach of
customary international law (jus cogens)
that ONLY SOVEREIGN STATES CAN
ENTER INTO VALID INTERNATIONAL
TREATIES.

AGREEMENT RELATING TO
MALAYSIA
The United Kingdom of Great Britain and Northern Ireland, the
Federation of Malaya, North Borneo, Sarawak and Singapore;
Desiring to conclude an agreement relating to Malaysia;
Agree as follows:

Article I

The Colonies of North Borneo and Sarawak


and the State of Singapore shall be federated
with the existing States of the Federation of
Malaya as the States of Sabah, Sarawak and
Singapore in accordance with the constitutional
instruments annexed to this Agreement and the
Federation shall thereafter be called Malaysia.

COLONIES HAVE NO INDEPENDENT


INTERNATIONAL REPRESENTATION

MA63
was not inked between FIVE
sovereign States, but entered into between
only TWO independent sovereign States - the
United Kingdom and Federation of Malaya with ONE semi-colonial Singapore State (still
under British control) and the TWO Colonies
of North Borneo (Sabah) and Sarawak.

WHO SIGNED FOR SARAWAK?


P.

E. H. Pike

T.

Jugah

Abang
Ling

Haji Mustapha

Beng Siew

Abang

Haji Openg

Pike is the British Attorney-General of Sarawak.


One of the above signatories was a defeated candidate in the
April 1963 Sarawak election. These signatories have no
mandate from the people of Sarawak which was still a Colony
without any representative government.

MA63 IS
FUNDAMENTALLY FLAWED
On its very face, the MA63 document
displayed a FATAL and fundamental
flaw which was clearly in breach of the
established principle of customary
international law that only sovereign
States can enter into valid agreements
with other States.

UNDD 1960 ARTICLES (5) & (7)


5. Immediate steps shall be taken, in Trust and Non-SelfGoverning Territories or all other territories which have
not yet attained independence, to transfer all powers to
the peoples of those territories, without any
conditions or reservations, in accordance with their
freely expressed will and desire, without any
distinction as to race, creed or colour, in order to
enable them to enjoy complete independence and
freedom.
7. All States shall observe faithfully and strictly the
provisions of the Charter of the United Nations, the
Universal Declaration of Human Rights and the present
Declaration on the basis of equality, non-interference in
the internal affairs of all States, and respect for the
sovereign rights of all peoples and their territorial
integrity.

MALAYSIA WAS PRE-DETERMINED


BY BRITAIN AND MALAYA
Britain and Malaya's pre-determined plan to
transfer sovereignty of the Borneo colonies over to
Malay(si)a violated UNDD (5) which failed to
transfer all powers to the people, in denial of the
peoples right to complete independence and
freedoms.

LEGAL INTEPRETATTION
OF UNDD (7)
In accordance with the principles and
substance of the UN Charter on SelfDetermination, NOT BRITAIN, NOT MALAYA,
NOR UNITED NATIONS should have been
the body that determined the future of the
Sarawakian people by federating Sarawak
with Malaya. Only the people of Sarawak had
that right.
Malaya as a foreign power had no legal right,
mandate, authority or standing to interfere in
Borneo affairs by coveting Borneo territory.

DECLASSIFIED DOCUMENT DD 27/9/1961 FROM


THE SECRETARY OF STATE FOR COLONIES

CHEQUERS SECRET FORMULA

On 28 July 1962, Mcmillan and Tunku hammered out a secret deal to


establish Malaysia where both governments should jointly declare their
intention to conclude a formal agreement which would provide for the
SURRENDER OF SOVEREIGNTY OF THE BORNEO STATES BY 31
AUGUST 1963, safeguards and defence arrangements.

Secondly the prime ministers of UK and Malaya would exchange SECRET


LETTERS agreeing that if the present government of Singapore fell or
appeared to be about to fall, the new Federation of Malaysia should be
brought into being as soon as practicable.

On 31 July, three days later, an agreement for setting up the Federation of


Malaysia by 31 August 1963 was signed by Mcmillan and Tunku.

On 1st August 1962, the British and Malayan governments announced that
the Federation of Malaysia would be brought into being by 31 August 1963.

BUT THE AGREEMENT ITSELF WAS NOT RELEASED, NOR WERE ITS
ANNEX AND MOST OF ITS APPENDICES.

The reasons for this secrecy were, firstly the sensitivity of the Chequers
formula allowing pre-emptive action, and secondly the likely opposition of the
Borneo peoples to the constitutional structure.

All these manoeuvrings and manipulation confirm MALAYSIA WAS TO BE


A MALAYAN TAKE-OVER
TAKE-OVER.
(Source: BDEE)

BRITAIN BREACHED ITS


TRUSTEESHIP OBLIGATIONS
Britain had committed a breach of the trust
placed in them by the kingdom of Sarawak
by failing to honour their 1946 Cession
Treaty to restore independence to
Sarawak when the people are ready to
rule themselves i.e. when the people are
politically matured.

SARAWAK GAINED INDEPENDENCE


WITHIN MALAYSIA
MALAYSIA?
The component states of a federation
possess no powers in relation to foreign
policy, and so they enjoy no independent
status under international law.
Sarawak is NOT INDEPENDENT
and has NO SOVEREIGNTY to call its own.

DECLASSIFIED DOCUMENT DATED


31 AUGUST 1963

SOVEREIGNTY EVEN IF
ONLY FOR A DAY
DAY ABSORPTION, TRANSFER
OR VOLUNARY MERGER?

28

STRATAGEMS FOR LEGITIMACY


OF FEDERATION OF MALAYSIA
(1) COBBOLD COMMISSION SURVEY
20 Feb 20 Mar 1962
(5-man commission in 1 month over 2 countries)
(report released on 29 July 1962)

(2) UNITED NATIONS ASSESSMENT MISSION


26 August 2 September 1963
(9-man mission in 8 days over 2 countries)
(report released on 14 September)

BOTH REPORTS ARE


... S H A M S !!

COBBOLD COMMISSION
British/Malayan Commission:
1.
2.
3.
4.
5.

Lord Cobbold (chairman) - British


Sir Anthony Abell British
Sir David Wetherstone - British
Dato Wong Pow Nee Malayan
Muhammad Ghazalie bin Shafie
Malayan

TUNKU QUOTES
To me, to be quite honest, I consider that the
appointment of the right commission is very
important because on that rests the whole question
of merger
(Straits Times, Dec 6, 1961)
If you appoint the wrong type of commission
and get certain recommendations which you find it is
not possible to accept, then the whole question of
Malaysia will collapse
-

0.5% OF THE POPULATION OF


SARAWAK & NORTH BORNEO!
The Cobbold Commission met with
4,000 people from Sabah and
Sarawak in a population of 1.2
million and claimed to receive 2,200
memos and letters from the people
(0.183%!)

A STAGGERING 28% SIGNED


PETITION FOR INDEPENDENCE
112,000 signatures/thumbprints out of 397,576
adults were collected in a nationwide campaign,
recorded in the Sarawak gazette and documented in
the Petition to United Nations on 9 September 1962.
These signatures were presented to the Cobbold
Commission.
Yet Report concludes:
1/3 of the population is in strong favour
1/3 is in favour with safeguards in place
1/3 wish for independence or extended British rule

JOINT NORTHERN BORNEO


MEMORANDUM
APPEAL TO UNITED NATIONS 1962

18. The signatories to this memorandum appeal to the UN and urged that:

the UN should, in pursuance to its declaration and resolutions, intervene in


the proposed transfer of sovereignty in Sarawak and Sabah on the ground
that such a transfer is a denial to the peoples in these territories of their
right to self determination and of their right to complete independence
independence..

Alternatively that a plebiscite organized and conducted by UN be held


before such transfer of sovereignty.

In accordance with the peoples


peoples freely expressed will and desire and our
belief, a federation of Union of the three Borneo territories viz Sarawak,
Sabah and Brunei be brought about with his Highness the Sultan of Brunei as
the Constitutional Head of such Federation or Union.

Dated this 9th September 1962.


The United National Pasok Momogun Party (G.S. Sundang)
The Partai Rakyat of Brunei(A.M. Azahari Mahmud)
The Sarawak United Peoples Party (Ong Kee Hui)

IN BRUNEI
Jan 31. A Reuters report from Brunei stated that the
fact-finding commission there had recorded stiff
opposition from all sections of the population to the
proposed Greater Malaysia. On the orders of the
Singapore and Federation Governments this report was
not published in the local press though it was included
by mistake in Berita Harian, a Malay language
newspaper published in the Federation.

UNITED NATIONS
ASSESSMENT
Macmillan

and Kennedy came up with the UN Assessment


solution to appease Indonesia and
Philippines (Manila
Accord)
Before

commencement of the Assessment, the new


Malaysia date of 16 September was already
announced!

1-7

Sep 1963 Council Negri in sitting adopted the


to establish Malaysia on 16 September
Stephen

motion

Yong of SUPP said it was rather unusual


while
agreeing to a term of enquiry to come to this country, to
announce a date for Malaysia. If you agree to an enquiry the
natural thing to do is to wait
for the result of the enquiry.

RESPONSE TO UN ASSESSMENT

More than 5000 protestors lined up the 7-mile


route from Kuching airport to downtown Aurora
Hotel
3,000 SUPP members at Sibu airport
We Want Independence, Stop Mass Arrests ,
Malaysia Means Control by Kuala Lumpur We
Dont Recognize London Talks We Want SelfDetermination
Both banks of the Rejang River hung anti-Malaysia
banners on the trees as the Team flew to Kanowit
in a Belvedere heli
Road from Batu Kitang to Bau was lined with antiMalaysia posters written in English, Mandarin and
Malay and protestors but the Team did not see
them from the air
The Sarawak colonial government arrested antiMalaysia leaders and banned Chinese newspapers
Allegations of interference by an outside
country, Malaya during election time

REUTER NEWS REPORT: 3000-5000 ANTI-MALAYSIA CROWD IN


KUCHING NINE BRITISH WARSHIPS AND THE CARRIER ALBION, WITH
40 ROYAL MARINE COMMANDOS ON STANDBY ALERT IN SINGAPORE

UN ASSESSMENT REPORT
Released on 14 Sep 1963
The

UN Report called a grassroots survey


found little evidence of articulate and
organized opposition to the Federation
Their decision to join Malaysia was the
result of the freely expressed wishes of their
peoples.

This assessment was totally wrong and


could not be supported by facts and could
not be accepted by independent impartial
observers.

UNDD ARTICLE (4)


ALL ARMED ACTION AND REPRESSIVE
MEASURES OF ALL KINDS DIRECTED
AGAINST DEPENDENT PEOPLES SHALL
CEASE IN ORDER TO ENABLE THEM TO
EXERCISE PEACEFULLY AND FREELY
THEIR RIGHT TO COMPLETE
INDEPENDENCE, AND THE INTEGRITY OF
THEIR NATIONAL TERRITORY SHALL BE
RESPECTED

BORNEO WAR FOR INDEPENDENCE


AKA BRUNEI UPRISING 1962
The Brunei Uprising which erupted on 8 December
1962 was a war waged in Brunei, Sarawak and North
Borneo for independence from the British and in
resistance to Malaysia Plan
Tentera Nasional Kalimantan Utara (TNKU) led by
Azahari, was crushed within 6 days
The colonial administration went on to arrest
thousands of pro-independence anti-Malaysia
Sarawakians

In reality, the Uprising was engineered by BritishMalayan Petroleum (BMP).

LIMBANG & BEKENU UPRISING


8 December 1962
1,200

Sarawakians - Malay, Iban, Chinese, Bisaya, Lun Bawang led


by the Kedayan who live in Limbang, Lawas and Bekenu
Salleh

Sambas, leader of Limbang Uprising, ex- policeman, was


sentenced to 30years jail

Punguk 15years old. Accused of being a communist.


Served 6 years jail.
Why, I asked him. His answer, We want to fight the British
government. We dont want to be jajah. We want to
rule ourselves. We want independence.

We fight for independence.


We want to be independent
independent

Ebrahim led the Bekenu Uprising. Ebrahim


served 9 years jail. One son Tani (four
children with pregnant wife) was killed.
Another son Mohammad was sentenced to 6
years. Salim, 13 years old spent 6 months in
jail without trial.

Ebrahim was beaten, assaulted, burnt with


cigarettes and forced to swallow fistfuls
of pills during interrogation. But he remained
steadfast and could take the torture
because he was strong in his Islamic faith
and believed he was right.

After 50 years of saving and scrimping, Salim


Ebrahim built a permanent memorial for the 5 fighters
who died in the gunbattle of Bekenu.

UNIVERSAL DECLARATION OF
HUMAN RIGHTS 1948
PREAMBLE
Whereas recognition of the inherent dignity and of the equal
and inalienable rights of all members of the human family is
the foundation of freedom, justice and peace in the world,
Whereas

disregard and contempt for human rights have


resulted in barbarous acts which have outraged the
conscience of mankind, and the advent of a world in which
human beings shall enjoy freedom of speech and belief and
freedom from fear and want has been proclaimed as the
highest aspiration of the common people,

Whereas

it is essential, if man is not to be compelled to


have recourse, as a last resort, to rebellion against
tyranny and oppression, that human rights should be
protected by the rule of law
law,,

ISA DETENTION TO SILENCE


ALL OPPOSITION

The British established a police state on a cruel


and vicious campaign against independence
nationalists under the pretext of an anti-communist
campaign and made sweeping arrests of over
10,000 people

Sarawak

adult population over 20 years was


397,576 . The ISA detention represented 1 in 40
adults. Many spent the best part of their youth in
jail for opposing the formation of Malaysia and
campaigning for Sarawak independence
58

ALLEGATION OF FACT: YOU ARE A MEMBER OF CLANDESTINE


COMMUNIST ORGANISATION. YOU WERE ENGAGED IN ACTIVITY
AIMED AT INDOCTRINATING CHINESE YOUTHS WITH
COMMUNISM THROUGH THE USE OF OPEN, LEGAL BODIES
SUCH AS SINGING GROUPS

MEMORANDUM TO INTERNATIONAL
RED CROSS BY ISA DETAINEES

Lastly, being the sons of this soil and the detainees who have sacrificed so much for the
independence of this country and the freedom of our people. We are impelled by our
conscience to draw your attention to the massacres committed by the Malayan troops in the
district of Nonok, coastal area of First Division Sarawak in February 1970. Nearly a hundred
civilians, men and women, young and old (among them relatives of detainees) were reported
killed in the military operation. The ghastliness of it vie with that occurred in Mucumbura,
Mozambique and probably My Lai in Vietnam. The massacre is hitherto unknown to the
outside world and we believe that the International Red Cross Association will look into the
matter seriously. (letter dated August 4, 1973)

9. I was forced to urinate and to drink my own urine. They pressed my cheeks to
open my mouth and poured my urine down my throat. They pressed me down to
the ground to lick up the drops of urine.

GROSSLY UNREASONABLE FORCE


FORCE

sleep deprivation, interrogation for 4days & nites straight without any sleep, if you faint,
you will be splashed with water, the secret police worked round the clock on 4-hour
shifts

dark cell isolation, the cell is 6' by abt 12', one tiny hole for ventilation, after 100 days
you emerge with white fungus on your body

finger torture, pens/pencils are slotted in between your fingers, then the police use
tali/cloth to squash them

ice slab torture - stripped down to your underpants, then made to sit on a slab of ice for
a long long time, until your mans pride becomes smaller than your last finger

using the butt of gun or a ruler to hit the genitals

for the ladies, the men could only hear screams and cries, when the ladies emerged
from their cells, they were too frightened to relate what happened

I served my sentence, but I never


committed any crime

crime
Wong,

Dec 1962-Dec 1974

Teo,

June1963-1974
He says, Any regret? I never regret. Anti-Malaysia is
right. I have the right to oppose and to fight Malaysia
by constitutional means. We fight for independence but
the British call us communists to arrest us illegally.

Tiong,

1962-1973,
102days in secret dark cell, ice-slab torture
He says: My whole heart is for Sarawak. I am antiBritish and anti-Malaysia. I am not a communist.

BRITISH BUILT
A BRUTAL SECURITY STATE
British colonial administration established a secret police state in
Sarawak to crush all nationalist efforts for independence.
SLEDGEHAMMER TACTICS - mass arrests, mass detentions
and collective punishments were employed without mercy
INTERNAL SECURITY ACT indefinite detention without trial
was used to silence all opposition to the Malaysia Plan
RESTRICTIVE RESIDENCE ACT was slammed indiscriminately.
Protests and rallies were banned outright.
Chinese newspapers were closed down to prevent word getting
out.

VCLT ARTICLE 52
Coercion of a State by the threat or use of force

A treaty is void if its conclusion has


been procured by the threat or use of
force in violation of the principles of
international law embodied in the
Charter of the United Nations
Nations..

DID BRITAIN CREATE A


MALAYSIA SUCCESS STORY OR
MALAYSIA MONSTER?
The dark and bloodied history of Sarawak in the making
of Malaysia was the untold story based upon violence
and crimes against humanity.
The Federation of Malaysia was founded upon coercion
and chicanery, sophistry and subterfuge.

It was not difficult for the colonial government to


engineer cover-ups that has lasted to this day.

2ND PROPOSITION
If the MA63 was valid, was it not abrogated by Singapore's separation and
independence from Malaysia in 1965?
An

international treaty cannot be changed without the agreement and consent


of all the parties. The bilateral Singapore Separation agreement between
Singapore and Malaya in 1965 was made without active involvement of the
other THREE signatory parties.
The

warning to the Governments of Sabah and Sarawak, that they could not
count on British protection if they did break away, was of course intended to
contribute to their decision not to do so. (British declassified document)

3RD PROPOSITION
Malaya

has completely repudiated MA63 by its 51


years of non-compliance with, and failure to
implement and honour MA63 as an international
treaty.

The

most basic principle of customary international


law is that an international treaty must be made
and kept in good faith.

In

law, if one party to the Agreement breaks this


whether by deliberate act(s) of breach or omission
in its performance this constitutes a repudiation of
the whole Agreement.

MA63 & MALAYSIA CONCEPT WAS MADE


IN BAD FAITH
FAITH & CHANGED 3 TIMES
WITHOUT REFERENDUM OR PEOPLE'S
CONSENT
(i)

Brunei refused to sign at the last minute

(i)

Singapore secession from Malaysia without


consulting its two partners Sarawak and Sabah

(i)

On 27 August 1976, the Federal Constitution


was amended to change the status of Sarawak
and Sabah into the 12th and 13th states, in
breach of the understanding of equal partnership
in the formation of Malaysia.

77

78

Directive from Mohamed Sopiee, the Director


of Information, Information Department,
Federation of Malaya, Kuala Lumpur dated 5
August 1963

FEDERATION OF 3 ENTITIES OR
UNITARY STATE OF 13 STATES?
Malaysia has deviated from its original
concept as a Federation of 3 nationstates to a Unitary State of 13 states
where all powers and sovereignty is
solely held by the central government.
This in effect would mean a fundamental
breach of the Malaysia Agreement.

CASE STUDIES
Countries like Bangladesh, East Timor,
Kosovo and South Sudan have all
chosen independence from what were
unequal and subservient relationships.
Scotland will go to the vote this
September, and Catalonia will hold its
referendum in November.

CASE STUDY: ERITREA


British colony Federation of Ethiopia & Eritrea Independent Eritrea

Eritrea

held a strategic location on the Red Sea with bountiful mineral

resources

In 1941, Eritrea became a British colony

Britain

started to propagate the colonial argument that "Eritrea was too poor

to become

an independent state."
In

Dec 1950, Eritrea federated with Ethiopia to form the Federation of

Ethiopia &

Eritrea under UN Resolution 390A(V)


1962,

Ethiopia annexed Eritrea as its 14 th province, the culmination of a

gradual

process of takeover by the Ethiopian authorities


The

lack of regard for the Eritrean population led to the formation of an


independence movement in1961, which lasted for 30 years.

Following

a UN-supervised referendum in Eritrea in which the Eritrean people

overwhelmingly voted for independence, Eritrea declared its independence


and gained international recognition in 1991.

PRINCIPLE OF SELF-DETERMINATION IS
PARAMOUNT IN INTERNATIONAL LAW

The principle of selfdetermination has established


itself as a fundamental legal
doctrine and imperative right
of law
States are only conditionally
sovereign
States cannot govern without
the consent and will of the
peoples
States may not suppress
legitimate self-determination
movements indefinitely

CONCLUSION
Britain

denied Sarawak its independence in1946 at the end


of WWII; and yet did it again in 1963 when it had to
decolonize its last colonial possessions - the Borneo
territories.

If MA63

is void and illegal, Malaysia only exists as a de


facto State where Malaya is controlling Sabah and
Sarawak without any legal right.

The right

of self-determination is sought and the issues


of separation and independence (where former partner
Singapore has set the precedent) become imperative even
more so today, after 51 years of exploitation, domination
and subjugation suffered by the peoples of Sarawak and
Sabah.

THANK YOU
Lina Soo
15 June 2014

Permission from the author is required to quote


and to reproduce this paper.

ACKNOWLEDGEMENT
Credit
Robert Pei
for the legal input into
this paper