On 17 May 2021, See Hua Online reported that DAP’s YB David Wong of Pahlawan Constituency in Sibu stated that the so called 18 points of Malaysia Agreement 1963 provided clearly that Sarawak cannot be given her independence.

There are 2 issues here to be addressed:

1. Where in Malaysia Agreement 1963 is the “18 points” provided?

There are no such provisions known as the 18 points in the Malaysia Agreement 1963 because though it was recorded as having been discussed but it was never included in writing to form part of the Malaysia Agreement 1963.

2. Where in the Malaysia Agreement 1963 is there a provision that Sarawak cannot be independent?

The international right to independence is enshrined in United Nations Resolution 1514 on the Granting of Independence to Colonial Countries and Peoples which allows colonies the privilege to decolonize and to become independence countries. This UN Resolution 1514 has a force of law recognised by the international community and Malaysia being a member nation has to respect this Resolution.

Malaya gained independence from Britain in 1957 and according to the Notification filed by Malaya on 16.9.1963, Malaya took a new name “Malaysia” after Sabah & Sarawak were acquired to enlarge its territory. Sabah and Sarawak were not independent nations when they were handed by Britain as a gift to Malaya.

When Singapore exited Malaysia, the Singapore Independence Act 1966 was passed in the Malaysian parliament granting Singapore her independence.

The 1976 Malaysian Constitutional amendment reduces Sarawak and Sabah’s status from a country (Negara) to a state (Negeri).

The UN International Court of Justice in 2010 opined that Kosovo (a non independent state with independent Serbia) had an intrinsic right to independence as provided by the Decolonization Act 1960. Kosovo had on 17-2-2008 in its assembly unilaterally declared independence through a show of hands by 109 of its assemblymen. Therefore, guided by this international law, our Sarawak Legislature is a powerful body that can unilaterally declare Sarawak’s independence.

29-9-2018, FMT news reported:

“Prime Minister Dr Mahathir Mohamad believes Sabahans and Sarawakians will not ask for independence, even though there is no provision in the Malaysia Agreement 1963 (MA63) that they cannot do so.

Speaking at a dinner event with Malaysians in New York on Friday, Mahathir said he was given the impression that Sabahans and Sarawakians only want autonomy over some matters.

They never asked for independence but they asked to have autonomy over certain matters, so we are granting them that autonomy.”

The Chairman of the Inter Governmental Committee, Lord Landsdowne said that there is no need for an exit clause in the Agreement because “Any state voluntarily entering a federation has the intrinsic rights to secede at will, and it was therefore unnecessary to include it in the constitution.”

Sabah and Sarawak therefore has the right under international law to seek their independence.

Like Singapore who was one of the signatories of the Malaysia Agreement 1963, and was therefore one of the member nations in the forming of Malaysia, Sabah and Sarawak has the intrinsic international right to independence.

There are many countries that had been able to gain independence after the United Nations General Assembly 1514 was passed and only a few countries that are left now and not independent yet from their colonialists. Sabah and Sarawak are among them.

Whether or not Sabah and Sarawak seeks to put this right is independence to use is up to the respective state government of the day for like Tun Mahatir said in the above report: “They never asked for independence...”

Whilst YB David Wong of DAP made it very clear that DAP is not pursuing independence but is merely seeking autonomy, PBK is on a different mission altogether.

In Malaysia, each day Sarawak lost its oil and gas resources with crude oil alone about 850,000 barrels in an amount of about RM285 million every day under The Petroleum Development Act 1974.

DAP could not restore this wealth back to Sarawak

Is Sarawak DAP happy to see the loss of our resources?

Sarawak DAP has to answer to Sarawakians

PBK is aware of the international laws and the provisions of Malaysia Agreement 1963 and is pursuing this quest of independence for Sarawak because SARAWAK HAS AN INTRINSIC RIGHT TO INDEPENDENCE.

Priscilla Lau
Secretary General PBK
Lawyer
17-5-2021