Thursday, September 17, 2009

Does Malaysia Exist Legally?

As Malaysia celebrates its 46th anniversary on September 16th 2009, one wonders whether there is any true meaning in the formation of Malaysia. According to the Malaysia Agreement of 1963 in Part II Section 4 (1) "The Federation shall be known, in Malay and English, by the name Malaysia".

In Section 2 of the same part in the agreement, Malaysia is defined as below:

The States of the Federation shall be-

a) the States of Malaya, namely, Johore, Kedah, Kelantan, Malacca, Negri Sembilan, Pahang, Penang, Perak, Perlis, Selangor and Trengganu; and

b) the Borneo States, namely, Sabah and Sarawak; and

c) the State of Singapore.

From the above it can be concluded that Malaya is only a component within the Federation of Malaysia. Why then is Malaya's independence celebrated as the National Day for Malaysia?

And secondly, why does the Federal Constitution not define Malaysia Day? This is despite it being mentioned several times in the constitution, for example in Article 19 (4).

If we look at Article 160, the Federation is defined as the one established under the Federation of Malaya Agreement 1957! Does this mean, the legality of Sabah and Sarawak in Malaysia can be questioned?

Sabah and Sarawak was not part of the Federation of Malaya Agreement in 1957. Sabah, Sarawak, Singapore and Malaya merged to form the Federation of Malaysia in 1963. But this gets no mention in the Federal constitution.

What have our Sabahan and Sarawakian lawmakers been doing in parliament the past 46 years? Sabah and Sarawak should stop being treated like mere colonies in the Federation. First, we must ensure the word Federation is defined in the Federal Constitution as the Federation that was formed under the Malaysia Agreement of 1963. Secondly, we must make sure that Malaysia Day is defined as the 16th of September 1963. And lastly, we must request that the 16th of September be declared National Day.

3 comments:

SJDisimon said...

I have posted your article and made comments at http://linundus.blogspot.com/2009/09/does-malaysia-exist-legally.html#links

Anonymous said...

layman like us will say YES. Malaysia was formed on 16 Sept.

Politicians in our conutry like to impose their own values, culture,beliefs, religions & etc on others !! But never listen or accept facts (unless the facts suit them).....not all politicians like that but most.

Anonymous said...

This statements of agreement are ture since 1963. However, after 1965, did amendments of the agreement being made when Singapore being "kicked" out?? What would be the amended agreements??
Leaders in Borneo states are the fools being colonised by the Federal plots time after time and now it is no way to turn back the clock. Borneo states are just like the Tibet & Xinjian - being controlled by China at the same time worries about the invasion from Russia or India or its neighbouring countries. The only thing can be done is to make the UN & international organisations knows about how the Malaya Federal creates lies about its history and how they treating the "other" natives & races in their "ideal case".
If refer to history, the Malays are India Malayaam migrants who froms a kingdom in SriViajay Kingdom are practising Hindusim with Kasta system. The Arab merchants are the one who used money to bribe the lower kasta Malays in Ache and brings down the SriVijaya kingdom and let the Arab merchants gain control of the trade route. Nowadays, the Malays are using the same tatics of money politic to gain power and control the Austronesian people (Borneo, Sulawesi, Maluku, Bali, Timor, Flores Puapa.. etc) including military annexation, assimilation, false education, etc..