By Daniel John Jambun, Pesident, Borneo’s Plight in Malaysia Foundation (BoPiMaFo)
KOTA KINABALU: Introduction – For six decades, Sabah and Sarawak have been told they were poor before Malaysia — and this is partly true.
But what is completely true is this:
Sabah and Sarawak remain poor after Malaysia, despite holding incredible natural wealth.
The promise of development as equal partners was never honoured.
Instead, our oil, gas, timber, and wealth were used to build Malaya’s cities, fund Malaya’s elite, and enrich Malaya’s political class.
Tunku Abdul Rahman himself declared that Malaysia was being formed to develop North Borneo and Sarawak.
Yet 62 years later, these lands remain underdeveloped, underfunded, and politically marginalised.
Why?
Because the Malaysia that exists today is not the Malaysia that Sabah and Sarawak agreed to form.
The Malaysia Agreement 1963: The Truth They Don’t Want You to Know
A truthful and legally honest reading of MA63 shows this:
Sabah and Sarawak were NOT co-founders of a new federation.
Instead, they were absorbed into the existing Federation of Malaya, which then simply changed its name to “Malaysia”.
Article I of MA63 states:
> “The Colonies of North Borneo and Sarawak … shall be federated with the existing States of the Federation of Malaya … and the Federation shall thereafter be called Malaysia.”
This means:
Malaysia is not a new federation.
Malaysia is Malaya enlarged.
Sabah and Sarawak were annexed into Malaya’s constitutional structure.
Article IV of MA63 confirms this by transferring sovereignty of Sabah and Sarawak directly to Malaya.
This legal structure has never changed.
Why the 2021 Amendment to Article 1(2) Does NOT Restore Equal Partnership
In 2021, Putrajaya amended Article 1(2) and claimed it “restored equal partner status.”
This is false.
The amendment:
restores no powers,
returns no rights,
changes no legal status,
and fixes nothing.
It is cosmetic and symbolic — a public relations exercise, not a constitutional restoration.
1. Sabah & Sarawak remain states, not partners.
No sovereignty was restored.
2. Nothing Malaya took since 1963 was returned.
Still missing:
Oil and gas rights
Taxation autonomy
Territorial waters
Education and health control
Article 161E veto powers
The 40% net revenue entitlement
3. Federal power remains absolute.
4. MA63 was not constitutionalised.
5. No structural federal reform occurred.
6. Even government lawyers admit it is symbolic.
7. Malaysia legally remains Malaya 1957 — not a new federation.
What International Law Says: UN Resolutions 1514 & 1541
UN Resolution 1514 (1960): The Right to Self-Determination
It declares:
All peoples have the right to decide their future.
No territory shall be handed over to another state without the free will of the people.
Decolonisation must be democratic, transparent, and free from manipulation.
Relevance to Sabah & Sarawak:
Malaysia was formed without a referendum or plebiscite.
Safeguards promised under MA63 were later removed.
Malaysia’s formation did not meet modern UN standards for decolonisation.
The Critical Missing Element: Genuine Self-Determination
Sabahans and Sarawakians were never given the chance to freely decide on Malaysia.
No referendum.
No plebiscite.
No democratic choice.
This violates:
UNGA & UNSC standards
Resolutions 1514 & 1541
The Manila Accord
The Vienna Convention
The Cobbold Commission: Not a Referendum, Not a Mandate
It must also be emphasised that the Cobbold Commission was NEVER a referendum.
Its task was merely to ascertain the views of selected groups — not to conduct a democratic vote.
Even then, the Commission’s findings were deeply divided:
1/3 supported joining Malaysia
1/3 rejected
1/3 wanted Sabah to first achieve independence before discussing Malaysia
This clearly proves that no majority consent existed, and the people of Sabah were never given the right to freely and democratically choose their political future.
Malaysia’s formation proceeded despite the absence of clear, overwhelming public approval — a violation of modern international decolonisation principles.
The Manila Accord & UN Mission: A Derailed Process
The Manila Accord (1963), signed by:
Malaya
Indonesia
The Philippines
required the UN to verify Sabah’s consent before Malaysia could be formed.
But Malaysia was declared before the UN completed its verification.
A federation born without complete consent is a federation born in violation of international law.
The Truth We Must Accept
Sabah and Sarawak today are:
NOT equal founding partners
NOT autonomous entities
NOT beneficiaries of their own wealth
They have become:
federal dependencies,
resource colonies,
territories under Malayan constitutional rule.
This is the core injustice that fuels today’s Borneo political awakening.
Two Legitimate, Lawful Paths Forward
1. Renegotiate Malaysia Into a True Equal Partnership
This requires:
Full fiscal control
Full resource sovereignty
Restoration of territorial seas
Constitutionalisation of MA63
Reinstatement of Article 161E veto powers
Federal power restricted only to defence, foreign affairs, and currency
2. Seek UN Assistance Under Resolutions 1514 & 1541
This path:
strengthens legal standing
ensures international legitimacy
guarantees genuine self-determination
prevents federal manipulation
International Recognition & Sovereign Rights
Once equality is restored, Sabah and Sarawak may:
re-enter the international community
apply for UN membership
join the Commonwealth
establish international trade offices
negotiate development partnerships
This does not necessarily mean independence.
It means sovereign equality within Malaysia, as originally intended.
The Borneo Block: Sabah + Sarawak United
A united front can renegotiate Malaysia or compel reform.
Proposed Steps:
Feb 2026 — Form Borneo Block
Mar 2026 — Notify Federal Government
Apr–May 2026 — Draft Equal Partnership Amendments
June 2026 — Table constitutional reforms
16 Sept 2026 — Proclaim A New Malaysia of Equals
What Equal Partnership Truly Means
Control of oil, gas, and minerals
Fiscal autonomy
Own civil service
Sabah- and Sarawak-run education and health systems
Strict limits on federal power
Exactly as promised in the 18- and 20-Points.
Conclusion: A New Era for Borneo
For 62 years, Sabah and Sarawak waited for justice.
Now the political consciousness of our people has awakened.
We stand at a turning point in history.
With strong leadership from Shafie Apdal, Willie Mongin, and all Borneo-based leaders who are not puppets of any Malaya-based parties, we can finally:
correct the historical wrongs,
restore dignity to our people,
and build the Malaysia that was promised.
History is calling.
This time, Sabah and Sarawak must seize the moment.
