By Remy Majangkim, MA63 Activist, Researcher and Tutor
KOTA KINABALU: Good day, everyone, What is Malaysia Day meant for you? It is a day in connection with the formation of Malaysia. The Malaysia Agreement was signed on 9 July 1963, and the British Parliament enacted the Malaysia Act Chapter 35 on 31 July 1963 to their former colonies. That, ultimately, recognizes the colonies as New States and annexation were done under the terms agreed, Trust.
The word Malaysia can only be found in the Malaysia Agreement 1963 under Article I, whereby, Article I
The Colonies of North Borneo and Sarawak and the State of Singapore Shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement, and the Federation shall thereafter be called “Malaysia”.
A rather compelling event occurs on the same day, this is an excerpt from the United Nations:”The Federation of Malaya joined the United Nations on 17 September 1957. On 16 September 1963, its name was changed to Malaysia, following the admission to the new federation of Singapore, Sabah (North Borneo) and Sarawak.
Now, take a back seat and ponder what just happened. According to the United Nation, the Federation of Malaya as an independent sovereign country has changed its name to Malaysia. Then you compare it with Article 1 of the Malaysia Agreement, the Colonies of North Borneo, Sarawak and State of Singapore, federated with shall be called Malaysia. So, effectively, there are two Malaysia. The two Malaysia, one formerly called the Federation of Malaya and the other Federation of Malaysia (North Borneo, Sarawak, State of Singapore and Federation of Malaya (Malaysia) ),
The Federation of Malaya obligations to the Borneo States rightfully agreed in Article II from Malaysia Agreement 1963 it says”The Government of the Federation of Malaya will take such steps as may be appropriate and available to them to secure the enactment by the Parliament of the Federation of Malaya of an Act in the form set out in Annex A to this Agreement and that it is brought into operation on 31st August 1963 * (and the date on which the said Act is brought into operation is hereinafter referred to as “Malaysia Day”).
The Malayan Constitution was first introduced and taken into effect on 31 August 1957. With the formation of Malaysia, the Federation of Malaya secure an act of parliament, an instrument called the Malaysia Act no 26, that comes into force on 16 September 1963. The bill was signed by Yang Di Pertuan Agong, Tuanku Syed Putra Jamalullail, ibni Al-Marhum Syed Hassan Jamalullail. The commencement date was changed to 16 September 1963 from 31 August 1963. This is the follow-up of the term set forth in Article II of the Malaysia Agreement, leading to changes in the Malayan Constitution to the new Federal Constitution.
The formation of Malaysia was protested by the Republic of the Philippines and the Republic of Indonesia through the Manila Joint Statement on 5 August 1963.(Manila Accord) So the United Nations has to intervene and dispatch their team to Borneo to ascertain the will of the people in the formation of Malaysia. The United Nation teams started their assessment from 8 August 1963 and ended on 14 September 1963, and the United Nation declared in their report that the formation of Malaysia using a new method under United Nation Resolution 1541 (XV) principle 9. It says; Integration should have come about in the following circumstances:
(a) The integrating territory should have attained an advanced stage of self-government with free political institutions so that its peoples would have the capacity to make a responsible choice through informed and democratic processes;
(b) The integration should be the result of the freely expressed wishes of the terrttory’s people acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage. The United Nations could, when it deems it necessary, supervise these processes.
So, the British made her former colonies to be one foot into independence through self-government under the existing treaty and confirmation by the United Nations of its end product. The Federal Government’s role thereafter is to ensure that what was agreed and signed is delivered to the people of Borneo. (After Singapore Exit) Malaysia Day is the commencement day for all the laws related to the formation of Malaysia to be enforced. So all the necessary negotiations have been done by our fore fathers, and it is time for implementation, no other further negotiation.
So the two crucial Malaysia Instruments are from the British Parliament called Malaysia Act Chapter 35 and Malaysia Act no 26 from the Malayan Parliament, that is the beginning of Malaysia.
We never joined Malaysia, but we formed Malaysia together. As an added safeguard, the British inserted an article that was adopted in the Federal Constitution, it is the Article 161E, it says,
Article 161E
(1) As from the passing of the Malaysia Act no amendment to the Constitution made in connection with the admission to the Federation of the State of Sabah or Sarawak shall be excepted from Clause (3) of Article 159 by Clause (4) (bb) of that Article; nor shall any modification made as to the application of the Constitution to the State of Sabah or Sarawak be so excepted unless the modification is such as to equate or assimilate the position of that State under the Constitution to the position of the States of Malaya.
(2) No amendment shall be made to the Constitution without the concurrence of the Yang di-Pertuan Negeri of the State of Sabah or Sarawak or each of the States of Sabah and Sarawak concerned, if the amendment is such as to affect the operation of the Constitution as regards any of the following matters:
(a) the right of persons born before Malaysia Day to citizenship by reason of a connection with the State, and (except to the extent that different provision is made by the Constitution as in force on Malaysia Day) the equal treatment, as regards their own citizenship and that of others, or persons born or resident in the State and of persons born or resident in the States of Malaya;
(b) the constitution and jurisdiction of the High Court in Borneo and the appointment, removal and suspension of judges of that court;
(c) the matters with respect to which the Legislature of the State may (or Parliament may not) make laws, and the executive authority of the State in those matters, and (so far as related thereto) the financial arrangements between the Federation and the State;
(d) religion in the State, the use in the State or in Parliament of any language and the special treatment of natives of the State;
(e) the allocation to the State, in any Parliament summoned to meet before the end of August, 1970, of a quota of members of the House of Representatives not less, in proportion to the total allocated to the other States which are members of the Federation in Malaysia Day, than the quota allocated to the State on that Day.
A lot has happened during the years Malaysia act was put on hold. The declaration of emergency that lasted for 42 years (1969 to 2011) has shifted the true purpose of Malaysia and exceptional power to the Federal Government. We have become a stunted generation, misinformed and victims of abuse. Malaysia is a Constitutional Monarch, the Yang di Pertuan Agong is the caretaker of this land, and the Federal Government is the executive hand that passed by the highest institution. Whoever helm the Federal Government must reinstate, return the rights that have been taken away over the years, thus fulfill the Latin law principle “Mutatis Mutandis”. Or “with things changed that should be changed”
