KOTA KINABALU: United PasokMomogun KDM Organisation (Upko) President Wilfred Madius Tangau probably committed “kamikaze” (suicide) with his statement on Sunday.
Gabungan Rakyat SakSaMa (SakSaMa) Secretary-General Jack Giau said this when referring to Tangau’s statement that “there are bigger things than the Malaysia Agreement 1963 (MA63)”.
SakSaMa is a newly-formed Opposition alliance.
“There’s nothing bigger in Borneo, at the moment, than MA63,” said Giau in a telephone interview.
“That’s why, as Tangau mentioned, people in Borneo are talking about MA63, day and night.
“Wherever we turn in Sabah and Sarawak, the talk is about MA63. I hope he’s not annoyed by this phenomenon.”
Giau reminded Tangau that MA63 was the basis for North Borneo (later Sabah) and Sarawak to be in the federation with Malaya and Singapore. Their merger was facilitated by the Borneo nations and a “Yes or No Referendum” on the island.
The issue was the legitimacy of Malaysia in Borneo. Giau cautioned that unless the Federal Government complies with MA63, the federation would have no legitimacy in Borneo.
“This is something Tangau seems to have forgotten.
“Instead, he’s harping on the advent of new technology being a bigger issue.”
Embracing technology is a separate issue from MA63, argued Giau. “It does not mean we have to forget about MA63 in embracing technology being promoted by his ministry.”
The Sabah and Sarawak Governments, he continued, had yet to revisit two other facets of MA63.
One is that it is an International treaty signed by five governments, i.e. the United Kingdom, North Borneo, Sarawak, Singapore and Malaya, and lodged with the UN Secretary-General.
“They are at the moment focused on the Federal Government complying with MA63.”
Secondly, MA63 as a trust deed with Malaya as the trustee under UN Resolution 1541 on decolonisation.
“A trusteeship is not forever,” pointed out Giau. “At some point, the Sabah and Sarawak Assemblies would have to decide whether to end the trusteeship, continue with Malaya as the trustee but ensure compliance on MA63 for legitimacy in Borneo for Malaysia, or look for a new trustee.”
Patently, he said, Article 1 of the Federal Constitution must be restored to the pre-1976 status when Sabah and Sarawak were equal partners of Malaya in the federation.
“Since 1976, Sabah and Sarawak have been relegated to the status of states in the Federation of Malaya, as set up by the Federation of Malaya Agreement 1948, and reinforced by the Federation of Malaya Independence Act 1957.”
Since Sabah and Sarawak are not parties to the Federation of Malaya Agreement 1948 and not covered by the Federation of Malaya Independence Act 1957, he said, the 1976 Amendment to the Federal Constitution cannot stand.
“Sabah and Sarawak cannot be the 12th and 13th states in the Federation of Malaya.
“That was not the intention of the founding fathers in Borneo in 1963 and not the intention of the framers of MA63.”
Trusteeship, continued Giau, derived from international law on self-determination.
“This international law, in line with the UN Charter, and the concept of human rights, the basis of international law, helps determine what makes people stay together or go their separate ways.”
The definition is clear, he said.