Malaysia Agreement 1963 need to be revised

Malaysia Agreement 1963 is a binding agreement has been signed by several representatives from the five parties, namely the United Kingdom of Great Britain and Northern Ireland, the Federation of Malaya, North Borneo (Sabah), Sarawak and Singapore.

The main objective of these agreements relate to the formation of the Malaysian Federation of Malaya, North Borneo (Sabah), Sarawak and Singapore as a partner the same. The entry of the United Kingdom as a composite and a signatory to the agreement is to be the father guardian, especially for the Borneo states of Sabah and Sarawak and the State of Singapore's sovereignty and jurisdiction which is in force.

It can also be said that the United Kingdom is one of the main observer of the agreement to see when the last delivery of the sovereignty and jurisdiction of Sabah, Sarawak and Singapore to the State the main requirements, such as the '20 Points' Sabah protection rights which agreed to be associated with Federation of Malaya to form Malaysia can be seen, incorporated, implemented and respected.

Malaysia Agreement combined with the various documents (as stated) including the Bill of Malaysia, now is the Malaysia Act 1963. The combination of this document, including entry requirements and the constitutional reference to Sabah and Sarawak to form Malaysia.

Malaysia Agreement must also be subject to the signer before a final decision will be agreed. The intention of including the knowledge of the four signatories of the agreement the Federation of Malaya, Sabah, Sarawak and Singapore during the forming of Malaysia as a partner the same. Therefore, Malaysia has been described by various parties as a coalition of partners together to form a unified new country, but with many features of each.

When Singapore was removed from the Malaysian Federation in 1965, questions continue to arise is what has happened to the Malaysia Agreement signed by all parties. The absence direct Singapore has resulted in the constitutional treaty, including the Constitution of Sabah and Sarawak in the Federation of Malaysia.

Malaysia Agreement was not valid and legal in the Federation of Malaysia was illegal because the removal of Singapore, one of the signatories to the agreement which led to the origin of the Federation itself. Agreement either Malaysia or the Malaysian Federal Constitution does not provide for the removal of any partner in the Federation of Malaysia.

Does the Prime Minister or the Parliament of Malaysia has the power to issue Singapore should not be based on the resolution of the Parliament of Malaysia which allows (should not) all 104 Members of Parliament from the starting line (11) states of Malaya to determine, which is contrary to the minority of 36 members of Parliament from Sabah and Sarawak.

While Sabah and Sarawak do not agree with the exile (which is doubtful if they were given such opportunities) Malayan States can still get 2 / 3 majority or more to decide on Sabah and Sarawak who disagree about the dismissal was a disappointment. Starting line-up of the states of Malaya should not have rights or whether Singapore can not be removed from the Federation of Malaysia. This is because of Malaysia is not formed by the states alone.

Through the Malaysia Agreement, each state that signed the Agreement are as a couple (partners) who have the same rights. They have formed Malaysia with Singapore, Sabah and Sarawak. Because of the four signatory states have signed the Malaysia Agreement as private partners and independent of other members (spouse free), it is appropriate, that each signer has the same ballot (ie one vote per state) to determine whether an the state should be removed from the Federation of Malaysia.

Entries may be made by the head of state leaders respectively. In this case, each state of Malaya should not have rights or power to determine the destiny of Singapore from the Federation of Malaysia. Because they are only entitled to one vote only, as determined by the Federation of Malaysia, Sabah and Sarawak also have one vote each.

This view is consistent with their status as signatories to the Agreement as Malaysia's free and private. Thus, the decision to remove Singapore from the Federation of Malaysia, should be located to the three signatories to the Agreement, the signatory of each pair have the right or power to vote the same.

Singapore removal has been impacted by an important subject in which Sabah and Sarawak had actually negotiated before they agreed to form Malaysia. Thus, the failure to request consent from Sabah and Sarawak have an impact on their representation in the House of Parliament. For example, to make amendments to any special privileges given to Sabah as enshrined in the Constitution, Parliament shall receive the votes of two thirds of the members of Parliament.

In fact, before the removal of Singapore, all members of Peninsular Malaysia can not make up two-thirds majority, unless the support of Sabah, Sarawak or in Singapore. However, after Singapore's expulsion, no longer necessary for the Peninsula Malaysia to gain support from Sabah and Sarawak as they are now able to get the support of two thirds or more in the House of Parliament. This means that they are easy to make amendments or the Constitution any time they like. "With the removal of the monopoly of Singapore then returned to the composition of the ethnic Malay Peninsula. This episode is a clear proof of the failure of the Federal system and national unity. "(Reference:" Reflection on the Malaysian Constitution "by ALIRAN Shafruddin Hashim in 1986.

By this reason, there should be revision or research the conditions of admission of Sabah and Sarawak to Malaysia. However, Sabah had not been told when Singapore was removed from the Federation of Malaysia. Failure to obtain consent or notify Sabah itself has breached the Agreement Malaysia, Sabah which has been set aside to take part in Malaysia where he himself is the same partner.

Discussion on the elimination of Singapore is very important for Sabah as Lee KuanYew who did work hard to please the leaders of Borneo to the end that they will participate in the formation of the Federation of Malaysia. At the gathering Association Commonwealth Members of Parliament in Singapore in July, 1961, leaders of Borneo (British No present) have been met Lee Kuan Yew, a strong supporter of the idea of Malaysia, Lee Kuan Yew had been using his genius to persuade the leaders of Borneo to Tunku they support the proposal (reference: Interview of Datuk Ong Kee Hui by JP Ongkili in his book, Nation-building in Malaysia, 1946-1974).

Of course, the Federation of Malaya and Singapore is in the favor of the existence of Malaysia Sabah and Sarawak. For example, in a speech in The Foreign Correspondents' Association of South-East Asia "in Singapore on 27th May, 1961, the Tunku had said that, Malaya would not be willing to own, and have suggested that Malaya should soon be having an understanding with Britain and Singapore , Sabah (North Borneo), Brunei and Sarawak (Ongkili, 1985).

Lee Kuan Yew, was making a statement in 1961 that "the combination will occur not due to the requirements of the People's Action Party or because the requirements of the Federal Coalition Government. But the matter can not be avoided as if the sun rising and setting "(Ongkili, 1985) A total of some, the formation of Malaysia was also the British requirements. 'The Times "reported on 28 July 1961," The desire of the British strategic in this area is also desired by Australia and New Zealand which will also form the same policy (Ongkili, 1985).

'Area' which is South East Asia and the purpose 'of the same policy' is in Malaysia where, perhaps, they will be able to maintain their influence despite the effects of nationalism arose among the states under the rule of the colony and pressure from the United Nations organizations to provide independence to colonial countries of these colonies.

Chairman of the Cobbold Commission has an important view. He has said that, "from the start, Malaysia should be considered by all concerned as an equal member of the coalition, combine to accelerate the common goal to establish a sovereign but retains its own characteristics of those states. In the event of any attempt by Malaysia to 'take over' the boundaries of the Federation of Malaysia and Borneo, the characters sink the North Borneo and Sarawak, then I think Malaysia is mostly not acceptable or successful. "(Ongkili, 1985, Nation- building in Malaysia 1946-1974).

In reality, 'erosion' gradually to the protection of the Borneo states of the Federal Government, as if an act that destroys its own series of these states. Therefore, if agreement is not valid Malaysia, then Malaysia as a nation is not valid and the loss of legitimacy entities. Malaysia has been and is still in operation for 48 years after the expulsion of Singapore.

As has been disputed, political developments during that time has not allowed the parties to the Malaysia Agreement was to study the back or questioning issues. Today, the political circumstances, turned toward evil, it is important and urgent to review the terms of the Malaysia Agreement. That is giving back to the validity of the agreement is very important.

Written by Capt. Joseph Wilfred Lakai is a Murut experienced Test Pilot. He is also a Mechanical Engineer graduated from Caltech USA, He engineered The United Borneo Front (UBF).