Press Statement: Ten points about exiting Malaysia

THE TEN POINTS ABOUT EXITING MALAYSIA

Please find below the 10 key points on exit from Malaysia for independence:

1. Violation of MA63 Terms:

   The Malaysia Agreement 1963 (MA63) was established to guarantee autonomy and specific protections for Sabah and Sarawak. However, numerous breaches of its fundamental terms over the years have weakened these rights. This ongoing violation undermines the legitimacy of the federation and justifies the need for reconsideration of Sabah and Sarawak’s continued inclusion in Malaysia. *This is highlighted by the replacement of the secular pluralist system with the Ketuanan Melayu race-religion-based NEP system.* 

2. Invalidity of MA63:

   A key issue surrounding Sabah and Sarawak's continued place in Malaysia is the **legal capacity and validity of MA63** itself. Since both territories were still British colonies during the negotiations, they lacked the **sovereign legal capacity** to enter into an international agreement as equal partners. This raises serious questions about whether the agreement was valid from the start. The invalidity of MA63 could mean that Sabah and Sarawak were never legally bound to remain in Malaysia, reinforcing the case for independence.

3. Restoration of Sovereignty:

   As colonies at the time of the Malaysia Agreement, neither Sabah nor Sarawak were fully sovereign entities. By exiting Malaysia, they could restore their sovereignty, enabling their people to fully govern their own political, legal, and economic systems without external interference from the federal government in Kuala Lumpur.

4. Unequal Development:

   Sabah and Sarawak contribute significantly to Malaysia’s economy through their vast natural resources, yet both regions remain underdeveloped compared to Peninsular Malaysia. The imbalance in development and wealth distribution has long been a point of frustration. Independence would allow them to take control of their resources and manage their own economic development.

5. Cultural and Political Marginalization:

   Sabah and Sarawak have diverse indigenous populations with distinct cultures and traditions. These communities often feel marginalized under the political dominance of Peninsular Malaysia. Independence would allow these regions to better protect and promote their unique cultural identities without the constraints imposed by centralized governance. 

6. Erosion of Autonomy:

   MA63 promised a high level of autonomy for Sabah and Sarawak, particularly in areas such as immigration, religion, and education. Over time, however, the federal government has steadily eroded this autonomy by centralizing power. Independence would restore full control over key aspects of governance that were originally promised to them.

7. Loss of Parliamentary Representation:

   Under **Article 161E of the Federal Constitution**, Sabah and Sarawak were guaranteed 34.6% of parliamentary seats to protect their interests. Following Singapore's exit in 1965, this representation was never recalibrated, weakening their ability to influence critical federal decisions. This diminished voice in the federal parliament has made it difficult for them to protect their rights and ensure their interests are prioritized.

8. Unfulfilled Promises of Development:

   To entice them to accept federation in Malaysia, Sabah and Sarawak were promised significant infrastructure and economic development. Decades later, many of these promises remain unmet, leading to widespread dissatisfaction. Independence would allow these regions to set their own development priorities and distribute their wealth according to the needs of their people.

9. Increasing Calls for Self-Determination:

   The growing sentiment in both Sabah and Sarawak for **self-determination** reflects the belief that they should have the right to independently decide their future. Many argue that a full, independent referendum was never held to truly gauge public support for joining Malaysia. A new referendum could allow the people to exercise their democratic right to choose independence.

10. Resource Control and Economic Freedom:

   Sabah and Sarawak are rich in natural resources, particularly oil and gas. Currently, all revenue from these resources is controlled by the federal government. By becoming independent, Sabah and Sarawak could fully control their own resources, directly benefiting their economies and enabling more equitable distribution of wealth within their territories.

 

Conclusion:

The legal, political, and economic foundations of Malaysia’s federation with Sabah and Sarawak have been severely undermined by breaches of MA63, the erosion of autonomy, and questions regarding the agreement's legal validity. The lack of sovereignty during the formation of MA63 casts doubt on whether Sabah and Sarawak were ever truly equal partners in Malaysia. Coupled with ongoing marginalization, underdevelopment, and resource control issues, these factors provide compelling reasons for the people of Sabah and Sarawak to consider independence as the best path forward.

Daniel John Jambun President Borneo's Plight in Malaysia Foundation (BoPiMaFo)

Robert Pei President Sabah Sarawak Rights Australia New Zealand (SSRANZ)

Moses Anap President Republic of Sabah North Borneo 

Jovilis Majami President Persatuan pembangunan sosial Komuniti Sabah (BANGUN)

Let the change in sovereignty of the Chagos Islands be a case study. The Chagos Islanders were not happy that negotiations between Mauritius and Britain were made without taking in the views and aspirations of the Chago Islanders themselves.

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