Chagos island case, UN International Court of Justice determined on 25-2-2019 that the international law on treaty making provides that only sovereign independent states can make treaties and colonies (who are non self governing territories) are not sovereign independent states with power to make such treaty with independent states.
Therefore MA63 was not validly entered into because Sabah & Sarawak were not sovereign independent states when MA63 Treaty was signed.
At the time that the Treaty was signed, Sabah and Sarawak were still colonies of Britain.
If MA63 is void then there is no need to talk about autonomy. Sarawak presently has autonomy over her immigration.
All other ministries are subjected to the decisions and directives of Federal Government. So if MA63 is void, all authority and power shall revert to Sarawak fully and Sarawak shall have full control of all matters.
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 independent 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. Failing to do so can invite serious economic and political consequences against Malaysia.
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 our status from a country to a state.
Further derogation of our dignity by Malaya was the passing of laws by the Malaysian Parliament to take ownership of our oil and gas under the Petroleum Development Act 1974 and our waters by passing the Territorial Sea Act 2012 amongst other things.
If Sarawak is an independent nation, her territory, oil and gas will naturally revert to her under the UN’s Continental Shelf Act 1964. This will mean that all revenues derived from Sarawak seabeds, subsoils and natural resources will belong to Sarawak and collectible by Sarawak alone.
The UN International Court of Justice in 2008 opined that Kosovo (a non independent state with independent Serbia) had an intrinsic right to independence as provided by the Decolonization Act 1960. Therefore, guided by this international law, our Sarawak Legislature is a powerful body that can unilaterally declare Sarawak’s independence on grounds not only on invalidity of MA63 Treaty but also on grounds of suppression, domination, economic and political differences with Malaya.
Sarexit/ Sarawak Keluar Malaysia
This is the last step. When Sarawak is independent and has full control and authority over her land and waters, Sarawak will not be the poorest in Malaysia. Exit may not be a necessity.
Sabah and Sarawak has never breached MA63 (if valid). It is Malaya who has breached and is continually breaching MA63 (if valid) and so would it not be logical or maybe it should be Malaya who exits from Malaysia?
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