Hindraf formalizes strategic partnership with Sabah, S’wak activists

 (from left) Daniel, Waytha, Paul

By Daniel John Jambun

KUALA LUMPUR: Hindraf Makkal Sakthi, which prides itself on being a hydra-like ad hoc apolitical human rights movement straddling the divide in Peninsular Malaysia, entered into a Memorandum of Understanding (MOU) in Kuala Lumpur on Tues 14 Aug, 2012 with veteran activists in Sabah and Sarawak. The MOU formalizes a long-running informal and ad hoc arrangement, a strategic partnership, uniquely spanning both sides of the South China Sea.

The MOU, being kept for the moment under wraps as a document, will take effect on Sept 16, the day Malaya, Singapore, Sabah and Sarawak ostensibly came together in 1963 as equal partners without referendum and without a genuine written Constitution to form the new Federation of Malaysia.

Sabah and Sarawak activists have long taken the position that their respective states in general and the Orang Asal and Chinese in particular were forced into Malaysia by Malaya and the British, ignoring the fact that Sarawak became independent on 22 July, 1963 and Sabah on 31 Aug 1963 and both wanted to enjoy their newly-found freedom for a while before considering the idea of Malaysia.

The thrust of the MOU is that Malaysia must be brought back its basics as a genuine two-tier Federation i.e. one among the states of Malaya entered into on 21 Jan, 1948, taking effect from 31 Jan, 1948 and reinforced through Merdeka on 31 Aug, 1957; and a new and higher one, albeit without a referendum and a genuine written Constitution, among Malaya, Sabah and Sarawak on 16 Sept, 1963; and both Federations wedded to secularism; that a 3rd Force should emerge in the Malaysian Parliament; and that the British, the departing colonial power, should be held accountable for their very serious human rights lapses in the territories that presently constitute Malaysia.

“This is a great day for Hindraf, Sabah, Sarawak and Malaysia,” said Hindraf chairman P. Waythamoorthy who returned on Aug 1 from the United Kingdom after surrendering his political asylum status there to risk arrest, indefinite detention and even torture back home for his human rights activities spanning the globe on behalf of Malaysia.

“For starters, we will help Sabah, Sarawak activists to launch a class action suit in the United Kingdom -- as we have done on behalf of the Indian community -- against the government of that country for abandoning the two states in 1963 to Malayan colonialism. This is a very serious offence under international laws.”

He was releasing a joint statement with activists from Sabah and Sarawak.

Daniel John Jambun, chairman of Borneo’s Plight in Malaysia (BoPi MaFo), who signed on behalf of Sabah activists chipped in: “At the same time, BoPi MaFo and Hindraf will launch the Constitution for Malaysia Movement (CoMaMo) to work towards a genuine written Constitution for Malaysia as promised by the 1963 Malaysia Agreement.”

Daniel, also the deputy chairman of the State Reform Party (Star) in Sabah, holds the view that at present the Malayan Constitution was masquerading as the Malaysian Constitution, under the enlarged Malayan Federation concept and not the new Federation concept, and the Federation of Malaya was masquerading as the Federation of Malaysia.

Alternately, he held that Malaysia had an unwritten Constitution based on the Malayan Constitution and the five constitutional documents and/or constitutional conventions which formed the basis for Sabah and Sarawak to be in Malaysia.

“The lack of a genuine written Constitution for Malaysia should not be used as an excuse for the Federal Government’s non-compliance of the said five constitutional documents and/or constitutional conventions,” added Parti Keadilan Rakyat (PKR) veteran Paul Raja, also an activist in BoPi MaFo who represented Sarawak at the signing of the MOU.

The five constitutional documents and/or constitutional conventions are the 1963 Malaysia Agreement, the Cobbold Commission Report, The Inter-Governmental Committee Report, the 20/18 Points (Sabah and Sarawak respectively) and the Batu Sumpah in Keningau, Sabah.

The Hindraf chairman pointed out that a genuine written Constitution for Malaysia would necessitate the setting up of an Interim Federal Government spanning both sides of the political divide on both sides of the South China Sea.

Waytha stressed that there were no hidden agendas in the MOU with Sabah and Sarawak activists and pointed out further that Sabah and Sarawak will be better off on their own with their rich natural resources including land instead of being bogged down, as at present, by poverty in Malaysia as a result of the internal colonisation policies of Putrajaya.

“Hindraf is seizing the moral high ground on Sabah and Sarawak in Malaysia,” said Waytha. “Singapore left Malaysia in 1965 and Brunei stayed out of the new Federation in 1963 at the 11th hour. Look where these countries are now as members of Asean compared with Sabah and Sarawak? The two Borneo states could be like Singapore and Brunei some day in developed status if they are out of Malaysia.”

At the same time, Hindraf said it’s strategizing on the basis that the exit of Sabah and Sarawak from Malaysia will make the powers-that-be in Peninsular Malaysia to hopefully come to their senses to deal with the acute problem of racial discrimination and racial polarisation in the country.

Hindraf conceded that the ruling elite in Putrajaya will be cut down in size politically and economically in favour of Hindraf with the two Borneo states out of Malaysia.

“We will also help BoPi MaFo take up the cause of Sabah and Sarawak at the UN Human Rights Commission in Geneva, the UN Security Council in New York and the US State Department in Washington in particular,” said Waytha. “We have the international network in place to arrange for all these meetings. However, we will not interfere in any manner whatsoever in the internal dynamics in Sabah and Sarawak.”

On an additional note, the Hindraf chairman said that Hindraf will assist BoPi MaFo to synergize with organisations like the Bruno Manser Foundation in Switzerland on the burning issue of money laundering activities originating from Sabah and Sarawak.

“There are international laws in place especially in the wake of 911 against stealing from the Public Treasury and salting away such ill-gotten gains abroad,” said Waytha. “We will work towards getting the international community to issue international arrest warrants against suspects and their family members, their cronies and their agents, confiscate ill-gotten gains and get the UN to hold them in an international trust foundation for the people of Sabah and Sarawak.”

Waytha, continuing, said that there are other synergies in the MOU pending the exit of Sabah and Sarawak if any from the Federation of Malaysia.

He sees this in the struggle to bring Malaysia back to its basics as a genuine two-tier Federation by working towards a mindset change for a paradigm shift.

The activists, for one, are all for keeping Putrajaya out of the states.

“We don’t want Putrajaya to interfere in the states whether in Sabah, Sarawak or in the peninsula. We don’t want them to come to the states, give unsolicited advice, preach, ask for anything from us or promise anything to the illegal immigrants just to get votes and continue to keep us down,” said Daniel.

“Putrajaya should not take from the states what is not theirs or take too much or continue to take more and more,” said Paul Raja. “If Putrajaya takes what is not theirs from the states or takes too much, the states will be very poor. Sabah and Sarawak are the poorest states in Malaysia because of Putrajaya being too greedy like colonialists, sucking our very life blood like blood-suckers, parasites and leeches.”

Paul lamented that the ruling Barisan Nasional (BN) constantly harped on bringing development to the people “but we don’t see this so-called development. If there’s development, why are we the poorest states in Malaysia?”

Waytha agreed that Putrajaya must be seen and not heard in the states.

“The resources of the states belong to the people of the states and no on else. The Federal Government should not be greedy for the sake of being greedy,” said Waytha. “Jangan susukan kera di hutan, anak di rumah mati kebuluran.”

On the emergence of a 3rd Force in the Malaysian Parliament, Waytha would only say that it was work in progress. The activists were however committed to bringing together Sabah and Sarawak with the minorities, fence-sitters, Orang Asli, Christians and the underclass in Peninsular Malaysia to speak with one voice in Parliament.

Waytha, echoed by Daniel and Paul in a pre-emptive strike, disagreed with any possible criticism emerging that the MOU may be a bundle of contradictions.

They take the view that it afforded flexibility, prioritized their respective struggles, synergized for a common purpose, and worked on the principle of competing alternatives on a first-come-first-served basis.

“If Sabah and Sarawak get their rightful place in the sun in Malaysia, we can re-think the idea of going back to our respective self-determination status of 22 July, 1963 and 31 Aug, 1963,” explained Daniel. “However, the odds are against it especially because of the illegal immigrants on the electoral rolls. This matter will be taken up with the UN Human Rights Commission in Geneva after the Royal Commission of Inquiry in Sabah completes its report.”

Daniel stressed that the illegal immigrants were on the electoral rolls as part of the internal colonisation policies of Putrajaya in Sabah and Sarawak to criminalize, demonize, dehumanize, neutralise, isolate, marginalize, eliminate and “exterminate” from the mainstream the Orang Asal in particular and the other genuine citizens in general.

Paul, who went along with Daniel, urged that the people in Sabah and Sarawak come together as one and not continue to be divided by Putrajaya and the vested interests in Peninsular Malaysia who are working through their local proxies and stooges in the two states.

“Morally, we cannot object if Sabah and Sarawak opt to remain in Malaysia,” said Waytha. “That means we have to struggle for the underclass on our own and hopefully through the 3rd Force with Sabah and Sarawak.”

Joint Statement released by Hindraf Makkal Sakthi, Borneo’s Plight in Malaysia, and Constitution for Malaysia Movement on Tues 14 Aug, 2012.