From a Failed Federation to a Real Malaysia:The Borneo Quest for Equal Partnership And The Way Forward

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.

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