The concept of 1Malaysia brilliantly espoused by Prime Minister Datuk Seri Najib Tun Razak can be appreciated when we look at the birth of Malaysia. Ours is a unique country in so many ways. Besides being a melting pot of various races, we are one of the few countries in the world where one half of the country is physically separated from the other by sea — the South China Sea. By looking at history, you will understand how difficult the challenge was for there to be a Malaysia and that the country be one.
Source: Zurainee Kula |
In the International Team Championships, North Borneo unfortunately drew Indonesia as their opponents with the result (foreseen under the circumstances) the were beaten by Indonesia 5-0.
A special Knockout Inter-team Championship was then arranged for those countries who did not reach the quarter-finals and in this North Borneo did very well being third out of the eight countries taken part.
They won the third place in the knockout Inter-team Championship
Saturated with Illegalities
Facts revealing how the UK colluded with Malaya to breach international Law by unlawfully denying North Borneo & Sarawak real Independence.
Malaysia Plan Announcement: On May 27, 1961, Malayan PM Tunku Abdul Rahman announced the Malaysia Plan to take over Brunei, North Borneo (Sabah), and Sarawak after secret talks with the UK government. This plan was declared without consulting or obtaining the agreement of the Borneo people.
Exclusion of Borneo Parties: On July 31, 1962, the UK and Malaya decided on Malaysia's terms without involving the proposed Borneo parties. The federation plan was set in motion, despite protests from the people, through an "inquiry on the people's wishes."
Anti-Malaysia Brunei Uprising: The December 8, 1962, Anti-Malaysia Brunei Uprising for Independence led to a British declaration of an emergency, resulting in sweeping arrests of alleged "subversives" in Sarawak (1962 to 1990s) and Singapore in February 1963.
Malaysia Agreement 1963: On July 9, 1963, the Malaysia Agreement was signed by the UK and Malaya under coercive emergency conditions with Singapore, North Borneo (Sabah), and Sarawak, which were colonies, not sovereign states. This raised concerns about the agreement's validity under international law.
Manila Accord: The July 31, 1963, Manila Accord was signed by Malaya with Indonesia and the Philippines, making Malaysia's formation conditional on the UN assessment of the Borneo people's wishes on the proposed plan and the resolution of the Philippines' claim.
UN Assurances and Mission: On August 9, 1963, the British Colonial Secretary, Duncan Sandys, informed his London office that UN officials had given assurances in favor of the UK Malayan Plan and to avoid scrutiny by the UN decolonization Committee. The UN Mission made a cursory assessment from August 16 to September 5, 1963, in breach of UN protocols on decolonization.
Preempting UN Assessment: On August 28, 1963, the British and Malayan governments amended the Malaysia Day from August 31 to September 16, 1963, before the UN assessment was completed, breaching the Manila Accord. The UN endorsed their federation despite this action.
Sabah and Sarawak's Status: On August 31, 1963, British Colonial Secretary Duncan Sandys publicly stated that Malaysia was not to give independence to Sabah and Sarawak but to transfer them to Malaya.
Despite Breaches, Malayan Colonial Takeover: On September 16, 1963, despite the breach of the Manila Accord, UN decolonization requirements, and human rights, the UK and Malaya proclaimed Malaysia under emergency conditions, and the UN endorsed the Malayan colonial takeover of Sabah and Sarawak.
Tun Fuad Stephens signing the memorandum of the Malaysia Agreement. Looking on second left are Tun Mustapha, Encik Khir Johari, a Brunei representative and Mr Lee Kuan Yew. |
Sir Edward had left Singapore on 29th June, 1948. The news shocked the people of Malaya as Sir Edward was the first High Commissioner to the Malayan Federation and had also been the Governor of the short-lived Malayan Union. It should also have invoked an emotional response from some of the former officers in the service of the Rajah of Sarawak as Gent had also played a part in hastening the cession of the state to the Crown.
The report also contains an intriguing side story; “A trick of fate placed Sir Edward on the ill-fated transport command York...” It states that the plane had been assigned to Sir Hugh Lloyd and was to have left for London on July 1, carrying the Special Commissioner to Malaya, Mr Malcolm MacDonald.
Unfortunately the rest of the report is garbled and does not make much sense, save to suggest that MacDonald cancelled his flight, and Sir Edward took the plane, instead. The use of the phrase, “trick of fate” in the report, however, suggests a stormy relationship between the High Commissioner and the Special Commissioner, as goes on to quote a local report that, bitter opponents of his policy expressed tribute to Sir Edward as “a man of great sincerity and of tremendous personal courage”.
It transpired that Sir Edward was going to London to tender his resignation as a result of MacDonald’s request to London to have him replaced. It had been an awkward relationship; Gent was Governor of the Malayan Union, an entity partly conceived by him, while MacDonald the Governor-General, worked to have it replaced with a federation.
The two colonial officials, however, had shared a common experience that was to play a role in the creation of a union that was to be known to the world as Malaysia.
The “common experience” that the two men shared, and shaped in different ways, was Sarawak. Gent, a decorated soldier in the First World War, had joined the Colonial Office in 1920. He rose from being an Assistant Principal Secretary to Head of the Colonial Office’s Eastern Department in 1942. There Gent, the bureaucratic imperialist, strove to ensure that Britain’s overseas territories were administered smoothly.
Pre-War ‘British Malaya’ was made up of The Straits Settlements, the four Federated Malay States (FMS), and the five Unfederated Malay States(UMS), all of which comprised ten different administrations, headed by the Governor of the Straits Settlements who also doubled as the High Commissioner for Malaya and General Adviser to the states of North Borneo and Sarawak. This patchwork of administrations must have appeared to be most unsatisfactory to his bureaucratic instincts, and the Union that he formulated during the war years was meant to replace those in Malaya with a single administrative infrastructure.
Malcolm MacDonald |
Their priority appeared to be to maintain the status quo in the Empire, and to diffuse potential conflicts at all cost and with minimum inconvenience to the mother country. As for Sarawak which was a mere protectorate, R.H.W. Reece, in The Name of Brooke, Oxford University Press, 1982, observes, “None [of the Colonial Secretaries] showed any particular interest in what was happening in Sarawak”, although two of them had actually visited the state.
There is evidence, however, that MacDonald knew more about Sarawak than the others. When the issue of the successor to the aging Third Rajah of Sarawak arose in the thirties, Sir Shenton Thomas, the Governor of Singapore, had written to MacDonald expressing his opinion that Anthony Brooke, the Rajah’s nephew, was a suitable successor to the Rajah. There is, however, no record of MacDonald’s response.
Gent the Assistant Secretary was different. He had visited Malaya with the then Permanent Under-Secretary of State in 1932, but was unimpressed with the Malay sultans. As for Sarawak, he was irked by the fact that Sarawak was not only an administrative anomaly under his purview, but was also beyond the Colonial Office’s direct control.
The Treaty of 1888 between Britain and the Rajahnate made it a protectorate, and gave Britain only an advisory role in its administration. Gent, having been informed of the ‘crude administration and rudimentary financial system of the state’, thought that it was time “the Rajah faced up to his responsibilities”.
Moreover, events in the state were drawing negative publicity in the press and, in his view, tarnishing the image of the Empire.
Since its birth in 1841 the state had been ruled by its autocratic Rajah, and the Foreign Office and subsequently the Colonial Office, only saw to its foreign relations and rendered “advice” through the General Adviser. The old second Rajah who had steered the state and kept a tight ship, had died in 1917, leaving the country to his elder, but less able son, Charles Vyner. Charles Brooke had preferred the younger son, Bertram, who was born in Sarawak to succeed him, but Vyner the easy going playboy had refused to give way. So it was that the “Rajah Muda” Bertram, was given concurrent power to rule the state, but to be exercised only when his elder brother was out of the country.
The situation became more complex with the rivalry of their spouses, and the role of a Rasputin-like character, Gerard MacBryan. Their constant collective bickering and intrigues had infuriated Gent. He wrote of the Ranee Sylvia Brooke, dryly commenting that her “material place of lodging appeared to be at Hollywood”, adding:
“…and her inclination is towards an unruled malicious form of snobbishness….Her extravagant misuse of language appears repeatedly.”
Hearing from a source close to the Rajah that he might consider divesting Sarawak to the Crown for a suitable financial settlement (a sum of 5 million pounds was mentioned), Gent thought that it would be opportune to have the Rajah meet with MacDonald, at the time the Colonial Secretary, to have a private talk over the matter. A lunch was arranged to take place in a Leicester Square restaurant. However, the meeting never materialized. A disappointed Gent suggested the Rajah had shied away.
MacDonald did not seem to have registered the incident. In his book, Borneo People, (1956) he wrote as if the first time he had got to know of the conditions in the state was when, as Governor-General, representing the King he flew in from Singapore to accept the Deed of Cession to make Sarawak the last and latest colony in the Empire. (But as it turned out British North Borneo or Sabah became the last addition to the crumbling Empire).
MacDonald did not let on that he knew anything of the background of Sarawak. In Borneo People, he writes:
“The new Rajah governed according to the well-established traditions of his forebears, remaining universally popular throughout yet another long reign. When the centenary of Brooke rule approached in 1941 the third Rajah still sat on the throne, and it seemed that the dynasty was as firmly rooted as any reigning house in the world. Indeed, the White Rajahs of Sarawak appeared more secure than most royalty in these revolutionary times, when not only crowns but even several kingly heads have rolled in the dust.”
Yet, as the Secretary of State for the Colonies in 1940 he had been asked in Parliament about the deposition of Anthony Brooke as the ‘Rajah Muda’ and the resignation of some five senior members of the Rajah’s civil service. He had deflected the issue by saying that it would be inappropriate for him to comment due to the terms of the Treaty of 1888. Gent, on the other hand, thought the Treaty “unduly restrictive” and proposed a “supplementary agreement” to the Treaty under which a British Resident Adviser would be appointed to advise the Rajah on matters of administration.
Reece in The Name of Brooke says of the administration:
“an autocratic Rajah relying on the authority of a Malay elite who maintained their dominance over the non-Muslim natives; pitting ‘loyal’ Ibans against those who challenged his authority; and depending on the Chinese to generate trade and revenue.”
Not that there was much revenue generated; overseas investment was barred, and the closed economy run mainly on the meager exports of rubber and petroleum. As Reece puts it; “The worst excesses of European exploitation were avoided, largely because there seemed to be so little to exploit.”
The diplomat and the bureaucrat, each with his differing view of the state, were to meet, and clash, when both were posted to post-war Malaya; Gent as the Governor, and MacDonald as the Governor-General. The main reason for the collision of wills was that the country after the Second World War was in a mess.
After the Japanese invasion the British had retreated to Ceylon to lick their wounds. They also planned a come-back to Malaya. Among those planners, some officers of the Malayan Civil Service and some prominent Malayans, was Gent. They envisioned a post-war Malaya in which all who were born there would be equal citizens and would jointly work to build a single multi-cultural country.
When it was clear that the Japanese would be very soon defeated, the British sent a flotilla in July 1945 and planned a landing at Morib, just south of Port Swettenham. It was known as “Operation Zipper”. The bombs of August, 1945, however, caught them by surprise. Japan capitulated while they were in mid-ocean. It might have seemed propitious, for them then to land and take over the administration of the country from the Japanese, but it was not to be.
The Supreme Commander of the Allied Forces, General Douglas MacArthur ordered the British forces to stand by so that he could have a proper instrument of surrender signed on board the USS Missouri in Tokyo Bay on the 2nd of September, 1945. The delay in the take-over caused civil strife in Malaya, and probably also changed the course of history of the country.
Admiral Louis Mountbatten, Supreme Commander Southeast Asia, then had to rely on Force 136 and the Malayan People’s Anti-Japanese Army (MPAJA) to take over the administration of the country from the Japanese Army. It was during this interregnum that there were civil unrest and ethnic clashes, caused by recriminations of collaboration with the Japanese; the shortage of food, of work and of money.
In an attempt to quell the civil disorder, Mountbatten ordered leaflets to be dropped, urging the people to stop fighting one another and wait for the arrival of the British forces to restore the old order and “rebuild a new and better country, which will be a real homeland for those who live in it.”
The British Military Administration (BMA) on re-occupation found the country in chaos, with murder and ethnic violence incidents running up to an average of 31 per month. They had to move speedily to gain control of the situation but in the absence of working social and civil institutions, the Administration had to resort to censorship and repression, enforced by the military, in an attempt to quell the disorder.
Chin Peng in his book, My Side of History (2003), writes of the inept handling of the situation by the BMA:
From our viewpoint, the BMA had no interest whatsoever in the fair distribution of wealth. It was an intensely corrupt operation. Only recently have historians begun discovering the extent to which graft, exploitation, fraud and general malfeasance dominated every aspect of British colonial control at this time. The courts were corrupt. The civil service was corrupt. The military was corrupt. The police was corrupt. The troops and their commanders were trigger happy.
This unsympathetic view was, of course, the case made by the Communist Party of Malaya (CPM) against the returning colonial power. Part of the reason for Chin Peng’s animosity towards the BMA was perhaps the Japanese issued “Banana money” that the CPM had hoarded was abruptly declared worthless by the BMA on re-occupation. The way the Administration attempted to pump the old money back into the economy was to encourage generous indiscriminate spending by the Army, and this might have been perceived to be corruption.
More seriously, there was violence and bloodshed against the non-Malay population and, to the lingering shame of the Administration, there was apparently a deliberate policy to let pent up passions run its course. In ‘Traditionalism and the Ascendancy of the Malay Ruling Class in Colonial Malaya, (SIRD, 2019), Donna J Amoroso, suggests the reason why the British did not act decisively to stop the violence:
British actions when they finally landed did not quieten Malay fears. Essentially powerless to stop the ethnic political violence, the British left it to the Malays to be united in their struggle to prevent Chinese political domination of their country. Malay leaders did little to prevent the violence that represented the protection for which the British could no longer be counted on to provide.
It is important to understand the violence in this way, and not as a Japanese-inspired aberration, as the colonial government and the Malay leadership later professed publicly. Without this demonstration of ruthlessness and ferocity – Chinese casualties died by the knife and children were not spared – it is unlikely that public demonstrations later on by the reputedly “peaceful Malays” would have been taken seriously.
It would appear that with their tacit support of the Malays, the British had deliberately made the Chinese the scapegoats to allow the seemingly ‘moderate’ Malays to dominate the stage, and with whom they could work with at a later stage. That is, indeed, a damning commentary on the British policy in post-war Malaya.
Meanwhile, Sir Harold MacMichael, who had served in the Sudan and Tanganyika and had been the governor of Palestine for six years, was tasked to implement the plan for the Union by getting the agreement of the sultans.
This he accomplished within a short time. MacMichael had perhaps dealt with the sultans of the Malay states a little too firmly, for later there were accusations that they had been put under some stress, whether real or perceived, to sign the treaties.
MacMichael, himself, however, was oblivious of that; he wrote to Gent: “I am surprised at the comparatively small amount of interest shown locally. [The] impression I received is that the new policy was almost taken for granted and is regarded as eminently reasonable.”
This report might have given Gent the unfounded confidence to implement and carry on with the Union doggedly when he arrived to take over the reins of administration.
The Malayan Union was inaugurated on the 1st April, 1946, with Gent as the first Governor. There was outcry from the old Malaya hands, like Frank Swettenham, Cecil Clementi and Richard Winstedt, who thought the idea was a ‘half-baked nonsense’. The Union was perceived as arbitrary, and highly prejudicial to Malay rights. The MacMichael treaties were seen primarily as an attempt to wrest the indigenous Malays’ homeland from their control, and to give equal citizenship rights to the non-Malay population.
The result was an efflorescence of political consciousness among the Malay elite who organized resistance against the post war British administration. The Union was seen as an affront to the Malays. Gent was given the cold shoulder, his installation as Governor was boycotted. In contrast, the reactions of the non-Malays, though positive, were muted.
It was not a surprise then that Malcolm MacDonald viewed his appointment as ‘The Governor-General of the Malayan Union, the Colony of Singapore and such other territories as may be placed under his direction’ with the trepidation of a man approaching a nest of hornets.
As it was with Gent’s appointment as Governor of the Malayan Union, MacDonald’s installation as Governor-General was boycotted by the sultans and the Malay officials. In MacDonald: Bringing an End to Empire, Clyde Sanger describes how MacDonald managed to break the ice with the Malay politicians of the time, and how he got them to sit down and talk with the Chinese.
It is easy now to imagine how a get-together may be organized, but in those early days of colony the “colonised” and the “colonizers” did not find it easy to socialize with one another. How the man had taken up the challenge and the role he played in the creation later on of the Federation of Malaysia as we know it today, has yet to be fully assessed by historians.
One historian, however, thought that his role had been underestimated; C M Turnbull, wrote in the Journal of Malaysian British Royal Asiatic Society, Vol.60, (1987):
“Malcolm MacDonald had all but disappeared from history books, yet, viewing the whole process of decolonization and the transition from the British Empire to the Commonwealth of Nations, he is, I would maintain, the most important single figure, often influential, sometimes decisive.”
Looking back from today’s vantage point, whether he had done well in handling the racial crisis, or whether he had simply given in to a rancorous and extremist faction while ignoring the silent majority in both groups, remains a subject of speculation.
Gent, the bureaucrat in contrast, set about his job as administrator doggedly determined to make the Union work in the face of an uncooperative civil service, thereby setting the stage for a clash with the Governor-General.
In encroaching in the executive purview of Gent, MacDonald had allowed the rights of the non-Malays to be severely compromised on grounds of “birthright”, something which the British themselves had conveniently overlooked in Australia and South Africa when it suited them. MacDonald appeared to have followed the ‘cut-and-run’ policy of the British when the situation got ‘dicey’, similar to one that Mountbatten was at the same time forcing on the independence movement in India. It must be noted, however, that the British, coming to Malaya after the Portuguese and the Dutch considered themselves more as trustees for the Malay inhabitants and less as colonizers.
Leon Comber traces the special rights of the Malays in the Federation Agreement and later the Federal Constitution to this idea of trusteeship. (13 May 1969 A Historical Survey of Sino-Malay Relationship, Heinemann Asia, 1983)
MacDonald’s initial instructions from the Colonial Secretary in London had been to work closely with the Governor for an early settlement, “within the framework of the Malayan Union Order in Council”, which included as we have seen, “laying the foundation of a truly independent and multi-racial nation.”
In retrospect then, it may be said that he had failed to carry out those instructions, by giving in to Malay sentiments that subsequently manifested in a yearning for a homeland exclusively for Malays.
First PM Tunku with Sabah’s second CM Peter Lo. |
The disaffected remnants of the MPAJA had morphed into the CPM and taken to the jungle to wage war against what they viewed as “neo- colonialism”. MacDonald worked fast to diffuse the situation. His personal opinion had to be abandoned. Malay nationalists were thus mollified. Dr Mahathir Mohamad, who was then still a medical college student, recalled:
“The Colonial Office sent out MacDonald to make sure that the Malayan Union would continue. But MacDonald appeared to be of a different mind – he wanted to listen to the views of the Malays. He came to agree with Gent [the Governor] that the Union was not workable and that a federation of Malaya as proposed by the Malays was needed instead.(A Doctor in the House, MPH Group Publishing,2011)”
Initially, the Malays were themselves split in their aspirations: the moderates led by Dato Onn bin Jafar, were in favour of a gradual disengagement by the colonial administration, to allow the proposed multi-racial nation to take wing, but the more radical wanted independence at all cost.
Tunku Abdul Rahman, on the other hand, wanted full independence, he thought the sultans had capitulated to British pressure, and was harsh in his criticism of them and Dato’ Onn:
“The sultans only enjoyed their prestigious buildings and houses built for them by the British; they didn’t even fight against the Malayan Union plan. They just signed their sovereignty away, just like that….Dato’ Onn didn’t want to join me…
He said, ‘If we are independent, the others will have the better of us because of their better education, better position and various other things in the economic and political fields.’ ….All he wanted was home rule so he could hang on to the British.”
MacDonald went with the flow. He allowed the forces for Malay nationalism to gain ascendancy at the expense of the immigrant races which at the time made up a substantial percentage of the population. A Commission (Rendel) was formed to discuss the constitution for a federation of the states.
The Commission accepted the representations of the ex-colonial officers and Umno, but rejected the proposals from the coalition of the more progressive Putera Tenaga Rakyat (Putera) and the multi-racial All-Malayan -Council for Joint Action (AMCJA) (Syed Husin Ali, A People’s History of Malaysia, SIRD, 2018).
In 1948 the MacMichael treaties were replaced with the Federation of Malaya Agreement. For this MacDonald reaped praises from some quarters, though he was later to admit that it was a “temporary tactical retreat” perhaps knowing that he had let the non-Malays down. The Tunku spoke highly of him in his book, Viewpoints:
MacDonald was really the man who gave the people of this country a sense of Malaysian [sic] consciousness; and it was he who taught the people to look ahead, with ultimate independence as a goal, and he naturally had to depend on people like Datuk Onn and other community leaders of the time, Sir Cheng-Lock Tan, Datuk Thuraisingham and a few others to give the lead.
Whether the use of the word, “Malaysia”, instead of “Malayan”, was a ‘slip of tongue’ on the part of the Tunku, the fact was that initially, the Chinese, Indian and Eurasian leaders were opposed to the proposed federation and had made that known to MacDonald. The multiracial Putera-AMCJA coalition was against the idea of a federation. According to sociologist and historian Syed Husin Ali, the coalition was ignored in the negotiations because they were seen as a threat by the British:
The colonial rulers were aware that the getting together of forces from different ethnic groups could become a great threat to their rule. Under Emergency regulations many progressive organizations were banned or closed down and at the same time many of their leaders were detained without trial.
The same fate befell the Putera-AMCJA, which was dissolved. In this way, all the efforts to forge a broad inter-ethnic coalition was crippled by the British and their Emergency rules.
The situation that eventually resulted in the “Emergency” had caused the conflict between Gent and MacDonald. There had been incidents of labour unrest and clashes, some of these having been carried over from the days of the BMA administration. Gent the quintessential bureaucrat was for strengthening the administration and tackling the problems gradually from the root up.
However, there were harsh criticisms from the British planter and miner communities, and the press; a newspaper headline at the time pointedly referring to Gent read, ‘Govern or get out.’ MacDonald reported to the Colonial Office that Gent had lost the confidence of the public in the Federation and the heads of the other services, and that it was essential that Gent be recalled at once. The Colonial Secretary, George Hall, was however sympathetic in his brief to the cabinet:
He [Gent] had an acute sense for political maneuvering. All along he knew that an Emergency would have to be imposed. But he wanted to be sure that when the clampdown came, it would be in answer to a perceived declaration of war against Britain by us….Gent had for months suffered the jibes of European planters and mining executives who demanded a show a British force to confront our increasing activism within the unions. To them, Gent was weak and indecisive. I disagree.
The result of the clash was to send one to his death, and the other, ironically, to carry on with the victim’s vision for a federation of the last colonies in the British Empire. It was a tale largely untold. Reece regrets that there has been no biography written of Gent, he observes:
He seems to have been largely responsible for the important policy decisions of 1944 which envisaged the Malayan Union and the annexation of Sarawak and North Borneo. (Reece, The Name of Brooke, p.98.)
In a strange twist of fate, MacDonald was the one who was to be instrumental in carrying the idea forward and in the end largely responsible for implementing Gent’s grand vision. In 1953, he inaugurated the convening of the Inter-Territorial Conference among the governors of these last colonies in South-east Asia, and in 1954, a provisional agreement was reached for the probable federation of the Borneo territories, to be followed with a loose federation with Malaya and Singapore.
Of all the colonial officers that served in those colonies, MacDonald seemed to be the one obsessed with the idea. Chin Peng in My Side of History, Media Masters Publishing, 2003, claimed that he had felt guilty over the death of Gent: “More recently I read declassified papers which reveal how a clearly guilt-ridden MacDonald moved to protect his position by distancing himself from any blame in the manner in which Gent was recalled.” If that were so, he had a heavy cross to bear. It was to get heavier when the new High Commissioner, Henry Gurney, with whom MacDonald also had differences, was ambushed and assassinated by Chin Peng’s men.
MacDonald’s effort towards building a confederation though was not entirely unappreciated. When the idea was about to come to fruition, he was the British choice to head the commission of enquiry that was later to be known as Cobbold’s Commission. The appointment was, however, vetoed by the Malayan members, in particular Ghazali Shafie, who advised the Tunku against MacDonald’s nomination on the grounds:
“That….he [MacDonald] had his own views of the Grand Design which might contradict the Malaysia plan we had envisaged, secondly, he had a great deal of influence among the Ibans and Chinese which might work against the wishes of the other communities…”
Matthew Jones describes the imbroglio:
Matters did not begin auspiciously, it proved almost comically difficult for the two governments to appoint a chair for the commission. This time it was the British authorities who capitulated to the demands of the Malayan contingent, which had planned for the take-over of the two Borneo territories.
In later years, MacDonald’s recollection of his role in the formation of Malaysia seems to carry a belated concern for the Borneo territories, and a touch of regret:
I have often wondered whether the eventual result could have been wider and solider if Scott [his replacement] had been allowed to continue explorations of the proposal on the lines initiated earlier, so that first a federation of the three Borneo countries would be formed, and afterwards a confederation then with Malaya and Singapore. Perhaps that is an example of my over-sanguine wishful thinking.
Thus it was that the name of MacDonald, and his ‘Grand Design’ would thenceforth in the official and conventional narrative be forever linked with the idea of the formation of Malaysia, and that of Gent, to forever remain the obscure but hardworking bureaucrat that he was.
The writers wish to acknowledge their indebtedness and gratitude to the following:
Robert Pei |
The date 22 July 1963 was declared as “Sarawak Independence Day” and gazetted as a public holiday on 20th May 2016 to the credit of the late CM Adenan Satem.
In doing so he was appeasing and acknowledging Sarawakians’ deep aspirations for freedom and independence from foreign rule and control, by saying that Sarawak did not become free from British colonial control to be controlled by another country. We all know which is that other country.
It is a unique day because it legally recognises and celebrates Sarawak independence when we are yet to achieve this. It could be interpreted as Sarawak’s UNILATERAL DECLARATION OF INDEPENDENCE. It serves to fuel the ongoing debate and demands for real Sarawak Independence.
722 connects with what happened 77 years ago when Sarawakians bravely rose up in the anti-Cession struggle (1946 to 1950) to resist the British annexation of our country and turn Sarawak from an independent state into a crown colony. In the anti-Cession struggle, 4 Sarawakians were martyred and many more in the 1960s struggled for Sarawak independence.
They all left their footprints in our history book and they will always be remembered for their selfless contribution and personal sacrifices.
722 however was not real self-government or independence day for Sarawak. It was the day when the newly elected Sarawak Colonial Cabinet with Stephen Kalong Ningkan as Chief Minister, was nominated and sworn into office in the colonial legislature, by the British Governor 13 days after the Malaysia Agreement (MA63) was signed on 9 July 1963.
Self-government was not nominally declared by the foreign UK masters until the new Sarawak constitution came into operation on 31 August 1963. Even then it was agreed by the colonial governors that Sarawak and Sabah remained under the full control of the UK till Malaysia Day on 16 September 1963 when they were into the Malayan Federation.
The then Malayan government strongly opposed the grant of self-government as it was secretly agreed with the British government that Sarawak and Sabah were to be transferred to the Malayan Federation without independence under the "Agreement to Set up the Federation of Malaysia" signed on 31 July 1962.
The Malayan government mistook the "self-government" as a grant of independence to Sarawak and Sabah on that date.
But as the British colonial secretary Duncan Sandys explained on 31 August 1963, the grant of independence for any British territory must be done by an Act of Parliament in London. This Act was never passed for Sabah and Sarawak nor for Singapore. PM Lee Kuan Yew's unilateral declaration of Singapore's independence on 31 August 1963 was rejected by the British government as illegal.
But on 16 September 1963, Sarawak did not achieve “independence in Malaysia” as proclaimed by CM Ningkan. The British simply handed Sarawak and Sabah over to the Malayan Federation renamed Malaysia. It is legally absurd that any country could be independent under the jurisdiction of another country. So Sarawak never gained any independence.
722 is therefore just another detour on our long road to real independence. It serves as a yearly reminder that we must continue to work very hard to achieve this long-awaited day when we shall be truly free from foreign control and be an independent state again. It marks the incomplete decolonization of Sarawak. Full decolonization should have delivered an independent “stand-alone state” as from 1841 to 1941.
In response to the ongoing public debate and demands for self-determination in Sarawak, Prime Minister Mahathir was reported on 5 July 2019 as saying that police action “will only be taken under the Sedition Act against those who call for Sarawak’s secession from Malaysia if they jeopardised public order and security”. He said this position was taken in line with the new government’s policy of freedom of speech.
Prior to the Prime Minister’s statement, SSRANZ was singled out for mention at Parliamentary Question and Answer session at the beginning of July 2019. A member rose to make the allegation that SSRANZ was challenging the legitimacy of the government and “giving Malaysia a bad name”.
The questioner had asked what the government would do about this and the deputy Foreign minister said that action would be taken against the NGO’s members on basis of police reports lodged against them on their return. So we must ask how has our exercise of freedom of speech threatened the peace and security of the country? It has been very peaceful and quiet in Sarawak.
We note to our knowledge that in fact, Sarawakians have held all 722 activities and other events in the most peaceful and law-abiding manner since 2013 without any untoward incidents. And Sarawak Independence Day is a legal public holiday which we are entitled to celebrate openly with rallies and marches and other activities.
SAPA was banned on allegations of conducting activities which might threaten the peace. However, SAPA’s challenge to the legality of the ban was vindicated by the Court of Appeal that the ban was unconstitutional for breach of natural justice and SAPA was entitled to freedom of speech. SAPA registration was reinstated and the Minister of Home Affairs was subsequently charged with criminal offences.
What SSRANZ has been challenging is that Sarawak and Sabah were not properly decolonised in accordance with international law in 1963 and their incorporation into the Malayan Federation did not lawfully comply with the people’s right to self-determination. In other words the legitimacy of Malaysia is questionable.
SARAWAK INDEPENDENCE FROM MALAYSIA IS A RIGHT TO BE DECOLONISED AND NOT ABOUT "SECESSION"
Secession implies that we freely partnered with Malaya, Singapore and North Borneo to form Malaysia pursuant to MA63. However it is not a call for secession from Malaysia like Singapore which was able chose to “merge” with Malaya. It is a call for Sarawak independence because we believe our country Sarawak was unlawfully integrated into the Malaya federation without allowing the people to freely exercise their right to self-determination in accordance with UN resolutions and international law.
However, international law does not prohibit secession. To do so would be contrary to the right of self-determination. Thus Lord Lansdowne the IGC chairman himself stated in 1963 that any state voluntarily entering into a federation has the intrinsic right to secede at will. The former Prime Minister Mahathir acknowledged that we are entitled to ask for independence.
It was on this issue, that SSRANZ President has publicly called on PM Mahathir to show magnanimity by convening a meeting of the Sarawak Government, all community and NGO leaders in Sarawak to discuss the question of setting Sarawak free for independence.
We wish to emphasize that Malaysia was apparently formed pursuant to the Malaysia Agreement 1963 (MA63) and the UK registered this as a treaty with the United Nations and therefore it is comes within the jurisdiction of the UN International Court (ICJ) to adjudicate on any legal issues affecting Sarawak’s position in Malaysia.
It is our considered conclusion based on legal research that the validity of MA63 is challenge-able as it was tainted by a great number of illegalities and voided by breaches of international law:
MA63 was void ab initio or null and void from the beginning and not a binding legal agreement as it was made in violation of the established international legal principle that colonies are not independent sovereign states with capacity or competence to make international binding agreements or treaties. This violation was this done by the UK, with prior knowledge and warning that Sarawak and Sabah were not sovereign and should not be signatories to MA63. This principle was affirmed by the ICJ in the Chagos Islands case in February 2019.
The Malaysia Plan was preceded by a secret Anglo-Malayan “Agreement to Set Up the Federation of Malaysia” signed on 31 July 1962 containing a clause to allow the UK to declare Malaysia in the event it was necessary to do so before the agreed date and this was stated in Article 2 of the UK Malaysia Act. This means Malaysia was pre-determined bilaterally and unlawfully excluded the Sarawak Sabah people’s right to exercise real self-determination.
Further MA63 was voided by the UK’s failure to comply with UN Resolution 1541 before MA63 was signed, to hold a referendum to lawfully allow the people to freely and voluntarily exercise their right to self-determination- Chagos case. It set up the so-called Cobbold Commission to”inquire” on the people’s wishes on Malaysia.
The UK failed to complete its 1946 undertaking publicly given in the annexation of Sarawak that it would not include Sarawak in the Malayan Union and to abide by our 1941 (Centenary) Constitution and the 9 Cardinal Principles to devolve power to the people. This meant that as Sarawak was an independent state up to 30 June 1946, the devolution of power should be done together with restoring Sarawak independence. Such an undertaking is binding under international law and irrevocable.
The UK failed to comply with the Manila Accord conditions (signed on 31 July by Malaya with Indonesia and the Philippines) that the people’s wishes in Malaysia be properly assessed by way of a plebiscite which was negotiated in the Manila Talks (insisted on by Indonesia) and resolution of the Philippines’ Sabah claim.
The United Nations assessment was a sham since the conclusions were decided beforehand as revealed in a document in which UN officials assured the UK that the UN assessment team would be hand-picked to deliver a result favourable to the UK position.
If MA63 was not void ab initio, Singapore exit “destroyed” the basis of 4 component countries forming the federation. The merger of Singapore with Malaya was the central objective of the UK’s strategic plan to consolidate its South East Asian territories. According to Lord Cobbold if Singapore were left out from the federation, there was no relevance for Sabah and Sarawak to be in it.
If MA63 was not avoid ab initio, MA63 has been terminated by the Federal government’s multiple wilful breaches of MA63 terms and conditions guaranteeing “autonomy rights and powers”, especially the UK and Malayan declared main objective of the development or Sarawak and Sabah.
MA63 is not recognised by the Federal Constitution and the Federal government confirmed this by refusing to amend the Constitution to include the 6 words that Malaysia was formed “pursuant to the Malaysia Agreement 1963” as required by the Sarawak state government, and the fact that Sarawak and Sabah are not included by definition of the federation which the Constitution states is the 1957 Federation.
For an international treaty to become part of binding international law it is required to be promptly registered with the UN. The registration of MA63 with the UN in 1970, 7 years after it was concluded breached Article 102 of the UN Charter which required the prompt registration of all international treaties. MA63 was not in force as an international treaty for 7 years- so how could it be binding and validly authorise the establishment of Malaysia? Further, the failure to do so will incur the penalty that it could not be invoked at a dispute before a UN tribunal. If MA63 was not registered for 7 years it raises the question whether it was concluded effectively according to international and whether it was nullified by this failure to register promptly?
By a letter dated 10 Jun 2020 we raise with the UK Government the MA63 legal issues outlined above as it was responsible for making the treaty and to call on it to resolve the many problems created by the treaty. http://www.ssranz.com/.../ssranz-criticises-british-prime...
The UK Foreign Minister Jeremy Hunt acknowledged that the UK would honour its treaties. He was reported on 02/07/2019, as saying The UK signed an internationally binding legal agreement in 1984 that enshrines the 'one country, two systems rule', enshrines the basic freedoms of the people of Hong Kong and we stand four square behind that agreement, four square behind the people of Hong Kong,"
"There will be serious consequences if that internationally binding legal agreement were not to be honoured."
This statement was made in context of the Hong Kong mass demonstrations opposing the proposed bill to empower the Hong Kong Government to authorise extradition of suspects wanted for crimes committed overseas.
The same admission of the UK’s treaty obligations was expressed in relation to MA63 by his predecessor the Colonial Secretary Duncan Sandys who had advised Sir Geofroy Tory (British High Commissioner to Malaysia 1963) in a telegram on the Malaysia Agreement 1963 (MA63, which transferred sovereignty over Sarawak and North Borneo (Sabah) to Malaya) in Sept. 1963 (quote):
“Having transferred sovereignty to Malaysia, subject to the conditions contained in the London Agreement, any breach of those conditions would constitute a breach of an agreement concluded with the British Government, who would have a continuing interest in this matter”.
We must therefore hold the UK responsible for the big mistake it created!
722 is to be seen as part of the process by which the UK had in stages integrated Sarawak with the Malayan Federation renamed “Malaysia”. The false promotion of 722 by many academics and politicians was used to fool Sarawakians into believing that they achieved independence and freely participated in the formation of Malaysia. Perhaps those educated people were unwittingly fooled themselves and did not know any better.
The fact that 722 is not real “independence day” is however useful to confirm and highlight that MA63 was void ab initio or null and void from the beginning and not binding.
Under international law only sovereign independent have the legal capacity to enter into international agreement. Colonies are not sovereign states but under foreign rule. If 722 was truly Sarawak independence day, then Sarawak was still a colony and not independent when it purportedly signed MA63 on 9 July1963!
IF MA63 was not binding nor recognised by the Malaysian Constitution and Federal Government, Sarawak as well as Sabah have no reason to be in the federation. If the decolonization of Sarawak has not been finally completed, then we also expect that this be done as soon as possible as ruled by the ICJ in the Chagos Case.
As a Sarawak State Minister said recently “Malaysia” was only a political arrangement and by implication “secession” was always an option.
Our patriots are all here today to show that the British Malayan trickery and wrongful acts cannot stop us from continuing to peacefully demand our independence whether before or after 1963.
BERSATU SARAWAK UNTUK KEMERDEKAAN!
With warmest regards
Robert Pei,
President Sabah Sarawak Rights Australia New Zealand (SSRANZ) Australia
Mosses PA Ampang |
Tangau nampaknya telah salah faham maksud disebalik kenyataan Mahathir. Mahathir sekadar menyatakan perspektif politiknya dan mengakui kewujudan mentaliti yang berakar pada imperialisme dan kolonialisme Malaya. Kenyataan beliau menjelaskan dinamik sejarah dan bagaimana Sabah dan Sarawak dianggap oleh sesetengah pihak sebagai milik penjajah.
Bertentangan dengan penegasan Tangau, adalah penting untuk diperhatikan bahawa Malaysia tidak ditubuhkan pada tahun 1963 tetapi merupakan usaha penjenamaan semula dengan nama baharu selepas memaklumkan kepada Pertubuhan Bangsa-Bangsa Bersatu tentang kemasukan Sabah (sebelum ini dikenali sebagai Borneo Utara), Sarawak, dan Singapura (yang meninggalkan Malaysia pada tahun 1965). Ketepatan sejarah ini penting dalam memahami konteks pembentukan negara.
Lebih-lebih lagi, tanggapan bahawa Malaysia bertujuan untuk menjadi masyarakat multietnik adalah satu tafsiran yang salah. Realitinya Malaysia pada dasarnya bertujuan untuk mengukuhkan kedudukan hegemoni, kuasa dan pengaruh Melayu ke atas kaum lain. Ini terbukti dalam landskap sosio-politik negara.
Madius Tangau |
Adalah penting untuk menghapuskan sebarang khayalan dan menghadapi realiti bahawa Malaysia yang Tangau percaya ditubuhkan pada tahun 1963 adalah, sebenarnya merupakan perancangan kolonial antara British dan Malaya. Hasrat Tanah Melayu adalah untuk menubuhkan sebuah etnokrasi, menggantikan British sebagai tuan penjajah mereka.
Pendedahan yang dibuat oleh Mahathir harus dilihat sebagai peluang untuk menangani isu dekolonisasi yang belum selesai dan membebaskan Sabah dan Sarawak daripada sebarang pengaruh penjajah yang berlarutan. Keterbukaan Mahathir tentang bagaimana beliau menganggap rakyat Sabah dan Sarawak sebagai subjek imperialisme dan kolonialisme Malaya menguatkan tekad kami untuk menangani perkara ini.
Walaupun benar bahawa Lee Kuan Yew cuba untuk membentuk Malaysia sebagai negara yang berbilang kaum, adalah penting untuk mengakui bahawa visi ini telah ditolak bulat-bulat oleh parti politik Malaya tertentu, khususnya UMNO. Hasrat utama mereka bukanlah untuk menubuhkan sebuah negara berbilang kaum tetapi untuk mengekalkan Malaysia untuk orang Melayu.
Perbezaan politik, ekonomi dan budaya antara Tanah Melayu dan Sabah dan Sarawak telah mewujudkan jurang yang ketara yang mempersoalkan daya maju ketiga-tiga wilayah yang kekal bersama. Identiti anak Negara Sabah dan Sarawak berakar umbi dalam warisan Borneo mereka dan bukan sebagai Melayu Malaya.
Anggapan Tangau bahawa ideologi politik Tanah Melayu secara semula jadi akan memupuk masyarakat berbilang budaya adalah tersasar daripada realiti. Struktur ideologi politik mereka sememangnya direka bentuk untuk memastikan penguasaan satu kaum untuk selama-lamanya, yang menimbulkan kebimbangan tentang keterangkuman dan kesaksamaan yang asli.
Kesimpulannya, adalah penting untuk menangani salah tafsir yang dikemukakan oleh Tangau dan mengiktiraf realiti sejarah pembentukan Malaysia melalui penjenamaan nama yang sebenarnya. Kita mesti menilai secara kritis dinamik politik dan berusaha ke arah masa depan yang lebih inklusif dan saksama untuk Sabah dan Sarawak.
My ultimate dream is to witness the creation of a truly independent country, exclusively belonging to the people of Sabah. It would be governed and ruled by Sabahans, who would enjoy the benefits of its natural resources, fulfilling the long-standing aspirations of the Sabahan people.
I envision a robust government that manages the country's economy, society, and politics in a fair manner, catering to all ethnicities, with a strong commitment to combating corruption and upholding truth and justice.
While I have many dreams to share, the most crucial one at present is the pursuit of independence for a new nation, which will be known as 'The Republic of Sabah North Borneo.'
Yes, 'The Republic of Sabah North Borneo' – a dream that was shattered in 1963 but will be revived by a new generation of nationalist leaders, united under the anthem of 'FREEDOM, DECOLONIZATION, INDEPENDENCE IS A MUST!'"
Mosses PA Ampang |
In the statement, Ampang highlights Tangau's failure to understand the mentality and political views of former Prime Minister Tun Dr Mahathir Mohamad, particularly in relation to East Malaysians.
The Republic of Sabah North Borneo - RSNB (NGO), challenges the misconceptions and clarifies the reality of Malaysia's history, urging a comprehensive reassessment of the country's political landscape.
Addressing the controversy stirred by Dr Mahathir's remarks, the statement argues that his admission of being a "Malayan imperialist and colonialist" regarding Sabah and Sarawak should be seen as an honest expression of his political views rather than an insult to East Malaysians.
One of the key points raised in the statement is the clarification that Malaysia was not formed in 1963 but rather underwent a rebranding with a new name after the admission of Sabah (previously known as North Borneo), Sarawak, and Singapore (which later left Malaysia in 1965). It emphasizes the importance of acknowledging the colonial arrangement between Britain and Malaya, rather than clinging to the belief that Malaysia was solely a land of freedom and democracy.
The statement challenges the misconception that Malaysia was intended to be a multiethnic nation, arguing instead that its primary aim was to strengthen the position of Malay hegemony, power, and influence over other races.
Furthermore, the statement criticizes Tangau's denial of historical facts, arguing that Sabah and Sarawak were indeed colonial possessions transferred from Great Britain to Tanah Melayu, as documented in colonial records. It highlights the need to wake up to the reality that Malaysia, as believed to have been formed in 1963, was an arrangement by Malaya to establish an ethnocracy and replace the British as their colonial masters.
The statement underscores the gratitude expressed towards Dr Mahathir for revealing his true perspective on Sabahans and Sarawakians as subjects of Malayan imperialism and colonialism. It argues that this revelation strengthens the resolve to pursue the unresolved decolonization of Sabah and Sarawak, which was intended in 1963.
While acknowledging the attempt by Lee Kuan Yew to promote the ideology of Malaysia for Malaysians, the statement highlights the rejection of this vision by Malaya's political parties, particularly UMNO. It contends that their intentions were never inclined towards establishing a truly multiracial country, but rather a Malaysia for Malays.
The statement emphasizes the existing political, economic, and cultural gaps between Malaya and Sabah Sarawak, suggesting that these three entities may not necessarily be suited to remain together for the greater good. It argues that the natives of Sabah and Sarawak have a distinct Bornean identity, rather than being historically considered as Malayan Malays.
As the discussions surrounding Malaysia's history continue, the press statement by Mosses PA Ampang, President of The Republic of Sabah North Borneo - RSNB (NGO), adds an important perspective to the ongoing discourse, challenging misconceptions and advocating for a comprehensive reassessment of the country's political landscape.
The statement emphasizes the need for united efforts in constructing a society that promotes harmony and inclusivity, while recognizing the historical realities and aspirations of Sabah and Sarawak. It also sets a pathway towards achieving independence for these regions, highlighting the importance of their unique identity and aspirations.