By social activist Remy Majangkim
KOTA KINABALU: A special day holds great significance as it marks important events in your life, such as your birthday or an anniversary. It is worth noting that the Sabah State Legislature has officially declared August 31 as Sabah Day.
So what does it mean that August 31 is Sabah Day? That was not explained further or interpreted in terms of the significance of such a date.
So we need to dwell on the history and understand the system of government.
1) The Malaysia Agreement was signed by all parties on July 9, 1963, after the signing of the Intergovernmental Report (IGC), attended by all parties before the formation of Malaysia. Malaya agreed to the terms and conditions outlined by the committee. The commencement date for the Malaysia Agreement was to be August 31, 1963.
Malaya was ecstatic that it was a transfer of sovereignty from the British to the Federation of Malaya. The answer was yes and no at the same time.
2) On July 31, 1963, the British Parliament passed the Malaysia Act, Chapter 35, officially acknowledging the new states of North Borneo, Sarawak, and Singapore. A crucial tool under international law is called state recognition. This act made the Federation of Malaya responsible for these former crown colonies. (“as manner agreed”). The Malaysia Act, Chapter 35, is an important legal document that only the rightful owner can enact on their territory.
3) On the other hand, a series of discussions were held between June 7–11, 1963, in the Federation of Malaya, Indonesia, and the Philippines. Macapagal lays their claim to Sabah under the defunct Sulu Sultanate and Sukoerno’s fear of new western colonisation spreading in Asia. This led to the signing of the Manila Accord among the three on July 31, 1963.
It is important to note that the British did not recognise nor participate in such an agreement, as they had passed the Malaysia Bill in Parliament. The matter of ownership and obligations was very clear with the British.
The members of the Manila Accord protested and asked for United Nations intervention to determine the wishes of the people regarding the formation of Malaysia. On August 12, 1963, the United Nations dispatched eight secretariat members to Borneo.
The Malaysia Agreement, which should have commenced on August 31, 1963, was postponed until the United Mission in Borneo was completed. The United Nations proclaimed the formation of Malaysia with a new approach under UN resolution 1541 (XV) Principle 9. Therefore, the Malaysian Agreement commenced on September 16, 1963.
Between August 31 and September 15, 1963, North Borneo was still under British rule. The Governor resided in the State Residence, and the Union Jack flags still flew on the mast. This indicates that North Borneo was under a “caretaker government” until the new date of commencement was agreed.
“Is North Borneo a self-governing state? Yes, but it has not achieved independent status. The evidence lies in the State Constitution that is attached to the Malaysia Agreement of 1963. North Borneo has functioning state laws in the form of state ordinances and a state legislature that fulfils the requirements for self-governance.”
Singapore tested the Malaysia Act, Chapter 35, in 1965 by declaring its exit and independence from the Federation of Malaya. This led to the British intervention, as the agreement between the two affected the newly minted Malaysian Agreement of 1963. So Singapore had to wait a full year until the British Parliament gave her an independence bill called “The Singapore Act 1966.” So Singapore celebrates Singapore Day on August 9 every year.
What is the significance of Sabah Day on August 31? What are we commemorating on that day? Have a great weekend ahead.
