By Remy Majangkim, MA63, activist, tutor, and historian
KOTA KINABALU: Did Sabah achieve her independence on 16 September 1963, as claimed by a senior politician?
An academician from UNIMAS, Professor Datuk Jayum Jawan, believes that Sabah and Sarawak should commemorate August 15, 1945. He opines that after World War II and the defeat of the Imperial Japanese Army, independence was from the Japanese, not the British.
To understand it, we must refer to the historical documents and existing treaties that bounded North Borneo under the North Borneo Company and Sarawak under the White Rajah (Raja Brookes).
These claims of independence can be easily debunked with an understanding of international relations, treaties, and the prerequisites of the United Nations. All of this information is readily available from the respective State Attorney General’s Office and the United Nations website. One needs to connect the lines and chain of events leading up to the date. Our trusteeship system was set up by the British and confirmed by the United Nations.
In the later part of the 19th century (1801–1901), the world superpowers, namely the British, Dutch, Spain, and Portugal, sought to carve the world for economic dominance. Their main target is the Far East (South East Asia & China), which includes the third largest island in the world, the Borneo Island.
James Brooke, an adventurer, struck fortune and set sail for the jungles of Borneo with his ship, the Royalist, in search of trading rights. Baron Von Overbecks and Alfred Dent also established trading posts in what is now known as the North Borneo Territories, with permission from the Brunei Sultanate. These two are not to be confused with East India Company (EIC).
Once James Brooke and Overbecks & Dent received their permission to set up trade in the lands belonging to the Brunei Sultanate, both sought a Royal Charter from the British Government in London. They both desired a protectorship from the British government. “Protectorates are weak territories protected and partly controlled by stronger ones.” Below, I expound on North Borneo’s historical events.
Overbecks and Dent established the British North Borneo Chartered Company and received recognition as a protectorate state from the British Government on 12 May 1888. The British government recognises it as the “State of North Borneo.” (Note the use of the word state, not region.)
Then the world was engulfed in World War 2 and saw Japanese occupation in North Borneo and finally the defeat of the Imperial Japanese Army. So the victor regained their territories, thus debunking Professor Datuk Jayum Jawan’s opinion.
However, the British North Borneo Chartered Company, on the verge of bankruptcy, had no recourse but to annex their rights to the Crown. (The monarch, not the British Government) This also happens to the Brookes dynasty in Sarawak. So effective 10 July 1946, by order in council, North Borneo and Sarawak are now “Crown colony.” Again, this debunks Professor Datuk Jayum Jawan’s opinion.
After World War II, the United Nations declared the end of colonisation on December 14, 1960. This meant that former colonial powers had to give up their rights to the territories they had occupied to allow for self-government, self-determination, and eventual independence.
These what happened to North Borneo and Sarawak, the British secured us all together with Singapore under the Malaysia Agreement of 1963. Brunei was asked to join but declined, noting that Brunei was the protectorate until their independence on 1 January 1984.
The British effectively made a ready-made country with the Inter-Government Report as a binding prerequisite for the Federation of Malaya to abide by. This is the origin of Sabah’s 40% entitlement and safeguards upon safeguards.
The British Monarch may just belong to the Federation of Malaya at this point, but the Queen’s obligation was to see her Crown colony protected and, when mature, may seek independence from her. The real hero in this endeavour was the British officer who used to work with the North Borneo Chartered Company and hired officers from the empire, notably Burma, to ensure safeguards were in place.
The Federation of Malaya gained independence on August 31, 1957. It is important to note that we were never part of the agreement with the Federation of Malaya. The term “Malaysia” only existed as per Article 1 of the Malaysia Agreement, which required all signatories to refer to the union as Malaysia.
The United Nations confirmed that the Philippines and Indonesia objected to the formation of Malaysia after the signing of the Manila Accord with the Federation of Malaya. This disagreement required United Nations intervention, and a mission took place from mid-August 1963 to the early part of September.
On August 31, 1963, a senior politician claimed it was an auspicious day to call “Sabah Day,” but nothing significant happened. The commencement date was put on hold until the United Nations mission was completed. At that time, North Borneo (Sabah) and Sarawak were under caretaker government. Therefore, the new commencement date was set to September 16, 1963.
(Interestingly, the Federation of Malaya as a single entity changed its name to Malaysia with the United Nations on the same date.}
By the end of the mission, the United Nations delegations declared the formation of Malaysia under a new approach under UN Resolution 1541, Principle 9. Years later, it was registered under the United Nations Trusteeship Council.
Singapore, a signatory of the Malaysia Agreement, has tested the Malaysia Bills by declaring independence on 9 August 1965. This leads the British Parliament to enact the Singapore Bill of 1966, almost a year after the Declaration of Independence. Their status in the UN Trusteeship Council was updated to Independence. So what is our endgame?
“Common sense is a gift; manipulation is a choice.”
