(PBK Kuching -  23rd December, 2019)
The 8-page letter which I drafted on 21.11.2019 was supposed to be posted to the Prime Minster about three weeks ago but it was withheld until today because I wanted to add more arguments to it.

This re-drafted 17-page letter dated 20.12.2019 is a representation to the Prime Minster seeking the Prime Minister to consider calling for open discussions by convening a meeting with the Sarawak Government and all local political parties, (excluding Malayan based parties), and NGOs to set Sarawak free and independent from the federation of Malaysia.

Legal experts have advised me that, the Federation of Malaysia was set up as a de facto federation without legal basis or consent of the people. Therefore, the legality of the formation of Malaysia is in doubt and the letter detailed out the possible illegality of the formation of the federation of Malaysia. Grounds that legal experts deem Malaysia is an illegal union or unlawful federation include grounds that it was not being formed in accordance with customary international law and the formation was also in breach of United Nations General Assembly Resolution 1514.

Many legal experts also opined that the Malaysia Agreement 1963 (MA63) which was the basis for the formation of Malaysia was void, ineffective and unenforceable (void ab intio) from its inception because at the time the MA63 was signed Singapore, Sabah and Sarawak being still colonies of Great Britain had not legal capacity to make the agreement.

It is my representation to the Prime Minister that even if Malaysia had been legally constituted, Sarawak would still has a right to freely exit from its voluntary union with Malaya just as the United Kingdom is seeking to exit the European Union. The fact that Singapore did freely and peacefully exited or withdrew from Malaysia in 1965 is a political and legal precedent that Sarawak can rely on to exit.

In my representation, the Prime Minister was told that the legitimacy of Malaysia must rest on the basis of its being legally constituted and politically justifiable. In both cases there was no basis for the federation to be formed.

In my representation to the Prime Minister I also mentioned that assuming that MA63 is valid, the deliberate failure to implement its terms and conditions for federation has effectively terminated the federal relationship entitling Sarawak as well as Sabah to leave the union.

The following points are made to identify the issues of MA63 (if validly made):

1. In 1963, the Sarawak and North Borneo (Sabah) peoples were pressured to give up their right to independence in exchange for development and security under the protection of the enlarged Malayan Federation to be renamed “Malaysia”.

2. The stated MA63 principal objectives passed off as the so-called “decolonization plan” to set up a democratic secular multicultural federation for their development, security, benefit and welfare were never intended to be accomplished and are still being re-negotiated after 56 years.

3. The failure of the federation is seen in the pattern of systematic economic plunder of Sarawak and Sabah. This has spawn a patronage system with a long list of malfeasance, corruption and incompetence in governance, and violations and abuses of both Sarawak and Sabah peoples’ human rights, self-determination rights and “guaranteed” MA63 special rights.

4. It is noted that the controversial 1963 incorporation of Sarawak and Sabah into Malaysia (notably opposed by Indonesia and the Philippines) was successful in reducing them to the status of colonial vassal states as feared by the Borneo people, and became the federation’s most prized colonial “real estate” as vital economic exploitation zones.

5. The Sarawak and Sabah economies reflect that of a colonial system in which petroleum resources and oil palm plantations have become the 2 most important sectors of the Malaysian economy providing more than half of the federation's revenue. The growing Malayan corporate ownership of large tracts of Sarawak land acquired through a series of dispossession of native land for oil palm plantations has increased the woes of the ordinary rural people. This rape of Sarawak and Sabah resources to develop Malaya has left the 2 countries underdeveloped as the 2 poorest regions of the federation and the people kept backward and impoverished.

6. The people are extremely aggrieved to see that their natural resources inclusive of Sarawak oil and gas and NCR land have been illegally plundered to benefit and develop Malayan states. This has been done by the federal Parliament’s unconstitutional enactment of the Continental Shelf Act 1966, Petroleum Development Act 1974 Act A 354 (1976) and the Territorial Sea Act 2012. The people of Sarawak consider that this as theft or robbery of their country’s resources by the Federation of Malaya.

7. The last 56 years of the federation has seen the rule by emergency law for at least 5 decades coupled with suppression of political, economic and human rights to implement Malayanization and control of the people and economy. It raises the question as to whether the federation was acting with legitimacy when it had to rule with emergency powers and laws for such a long period.

8. At the same time, the MA63 objectives and spirit are being violated by federal enforcement of the long held Malayan plan to colonize Sarawak and Sabah with “Malayanization” as openly declared by the recent Malay Dignity Congress’ (which you presided), to remake the federation into a race religion system based on the agenda that “Malaysia belongs to the Malay” or “Ketuanan Melayu”.

Copies of this letter to the Prime Minster are sent to the Prime Minister of United Kingdom, The Leader of Labour Party United Kingdom, The President of the United States, the Presidents of the United Nations General Assembly, United Nations Human Rights Commission and International Court of Justice. Copies of this letter are also sent to both the Chief Ministers of Sabah and Sarawak and also to local political parties and to about 90 NGOs.

VOON LEE SHAN
President
Parti Bumi Kenyalang

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