Sulu has no right over Sabah

Sulu have no claim on Sabah 2016 1.jpg

The Sulu sultan’s army did not participate during the battle between the two sultans of Brunei, Sultan Muhyddin and Sultan Abdul Mubin, in 1660.

It was only after Muhyddin had won, the Sulu army landed and took the opportunity to seize a number of war boaties.

The Sulu army were terrified by the resistance of Sultan Abdul Mubin in Pulau Chermin, according to Pehin Mohd Jamil Al Sufri, a renowned Brunei historian in his “Tarsilah Brunei II Period of Splendor and Fame” (2007).

He did not deny the fact that the Sulus were invited and promised the northern territory of Brunei, then part of Sabah, but only if they helped him to win. The civil war lasted 11 years.

During the battle for Pulau Chermin, Sulu forces were supposed to attack the island from Pulau Keingaran and from the sea, but they did not do so. According to Pehin Mohd Jamil, Sultan Muhyddin refused to cede the territory claimed by Sulu.

The area was only “claimed”, not ceded.

This issue must be clarified to Malaysians and to the world at large, to counter the claim of Jacel Kiram’s manifesto campaign in her bid to become a senator in the Philippine parliament.

It does not concern us if she becomes senator or not, but harping on history, which has no more relevance, claiming our Sabah state is theirs of which 99% Sabahans are not interested to be ruled by the defunct sultanate, this must be made known.

Among other writers, LR Right in her “The Origin of British Borneo 1970”, said the legitimacy of Sulu claims is in considerable doubt partly because of the unreliability of tarsilas such as “Selesilah” which in many cases are nothing more than legend to enhance the status of the royal house.

Succeeding sultans of Brunei have denied that North Borneo was ever given to Sulu, only the weight of Sulu tradition supports the claim.

Such a claim is resting on the treaty signed by Sultan Sulu, Jamalulazam, with GB Overbeck on January 22, 1878, where Overbeck was appointed as Datuk Bendahara and Raja Sandakan an area from Kimanis to Sungai Sibuku, but three weeks earlier, the same Overbeck signed an agreement with Sultan Abd Mubin of Brunei.

Mubin appointed Overbeck as Maharaja Sabah and Raja Gaya and Sandakan on December 29, 1877, an area from Bangi to Sungai Sibuku.

There were so many treaties as well as overlapping treaties being signed but only to be revoked soon after there were signed, so to speak. Among them were Treaty Bases of Peace & Capitulation in 1878, which Sultan Sulu signed with the Spanish, agreeing that Sulu ceded its sovereignty to Spain including the “claimed” eastern Borneo. Also, the Madrid Protocol in 1885, when Spain agreed to relinquish its Borneo territory to Britain.

On April 22, 1903, Sultan Jamlulul Kiram signed an agreement “Confirmation of Cession of Island” granting sovereignty to British Borneo Company.

It sounds ridiculous to entrain such claims and the latest was in 1962, when the Sulu ceded it sovereignty to the Philippine government. Obviously, the Philippines looks far better knowledgeable on the status of claims than the Sulu. – February 14, 2016.

Jacel Kiram’s Senate bid can’t mention Sabah

Pippa sulu claim 1

Spain agreed to relinquish its territory in Borneo to the British under the Madrid Protocol 1885.

Succeeding Brunei Sultans, said senior Sabah lawyer Amde Sidik, denied that any part of North Borneo was ever given to Sulu. “Only the weight of Sulu tradition supports the claim. The weight of Brunei tradition challenges it.”

Spain agreed to relinquish its territory in Borneo to the British under the Madrid Protocol 1885, he added. “The Protocol found the Sulu Sultanate became defunct when the last Sultan died without leaving a male heir.”

It’s ridiculous to entertain the Sabah claim, said Amde who also heads a think tank, Progressive Institute of Public Policy Analysis Sabah (PIPPA). “The latest was in 1962 when Sulu ceded sovereignty rights to the Philippines Government.”

“That too is history. The Philippines Government obviously has far more knowledge about the status of the claim than Sulu.”

Amde was commenting on Jacel Kiram’s campaign manifesto on her bid to enter the Philippines Senate. “She claims that she would revive her ancestor’s claim over Sabah if she wins.”

“It does not concern us whether she becomes Senator or otherwise.”

However, he added, harping on “history” which has no relevance was a different matter. “Sulu can’t claim Sabah.”

“Ninety nine per cent of Sabahans are not interested to be ruled by a defunct Sultanate. This must be made known.”

PIPPA, he pledged, was determined to lay the matter to rest once and for all. “We have undertaken extensive studies on this subject.”

“The findings will be made public soon.”

There were so many treaties, as well as overlapping treaties being signed, but only to be revoked soon after they were signed, continued Amde.

Among other writers, said Amde, L R Right in her “The Origin of British Borneo”, said there was considerable doubt on the legitimacy of the Sulu claims. “The claims were in many cases nothing more than legends written down to enhance the status of the ruling house.”

Three weeks before G B Overbeck signed a treaty with Sulu Sultan Jamalulazam on January 22, 1878, he signed an agreement with Sultan Abd Momin of Brunei, said Amde. “Mubin appointed Overbeck as Maharaja Sabah and Raja Gaya and Sandakan on December 29, 1877, an area from Bangi to Sungai Sibuku.”

“Jamalulazam appointed Overbeck as Datuk Bendahara and Raja Sandakan, an area from Kimanis to Sungai Sibuku.”

PIPPA Forums This August 2014!

poster

 

OPEN TO ALL –Free of charge
 
Public Forum 24, 27, 28 & 29 August 2014 organised by PIPPA
 
1. 24 August 2014
Title: Malaysia at Crossroad
 
Speaker: 
Encik Harris Ibrahim
 
Moderator: Edward Dagul
 
Venue: Mariner Hotel, Jln OKK Abdullah, and Labuan
Time: 7.00pm
 
 
 2.  27 August 2014
Title: Dilemma Dalam Persekutuan Malaysia
 
Speakers: 
YB Datuk Dr Jeffery Kitingan
Encik Zainal Ajamain
Dr Arnold Puyok
 
Moderator: Tan Sri Simon Sipaun
 
Venue: Dewan Hakka, Tj Lipat, Kota Kinabalu
 
Time: 7.30pm
 
 
 3.  28 August 2014
Title: Malaysia Agreement 1963-Past, Present, Future
 
Speakers:
Lina Soo + Robert Pie
Wathmoorthy Ponnusamy
Sukumaran Vanugopal
 
Moderator: Tuan Hj Amde Sidik
 
Venue: Dewan Hakka Tj Lipat, Kota Kinabalu
Time: 7.30pm
 
4.  29 August 2014
Title: Malaysia at Crossroads!
 
Speakers:
Datuk Zaid Ibrahim
Tan Sri Simon Sipaun 
 
Moderator: Datuk John Sikayun
 
Venue: Dewan Hakka, Tj Lipat, Kota Kinabalu
Time: 7.30pm
 
We love to see you.

 

 

 

Sabah and Sarawak must build strong bond now than ever…

SAB SAR

KOTA KINABALU – Opposition political parties of Sabah based must be seen as one group and one force if it were to win people’s hearts to face the next General Election. Second, the path where the group is heading to must be clearly seen, and the move by Sabah and Sarawak must be in tandem in their demand for full autonomy based on Malaysian Agreement 1963. Thirdly, the networking of the two Borneo States must take place at various levels according Amde Sidik, the Director of PIPPA-Progressive Institute of Public Policy Analysis Sabah.

In Sarawak’s case the autonomy has been practised slightly ahead of Sabah. Sarawak State is in control of the appointment of its Chief Minister, unlike Sabah where Prime Minister who decides, this is because Sabah is controlled by UMNO, whose chief is the Prime Minister, not only that, every other appointments and policy matters and directions need to have UMNO Chief ‘s blessings.

“Sarawak way would be aspiration for Sabah political movement now. The past and the current Chief Minsters of Sarawak have made it clear time and time again, if the autonomy of the State is to be safeguarded, Peninsula Party in particular UMNO has no place in Sarawak, who else can inspire Sabah better” Amde said.

In the recent two seminars held in Kuching, where two groups of Sabah politicians and NGOs were invited. One, on 26th was organised by Sarawak Sovereignty Movement where three speakers involved, one was Sabah’s politician, one from Sabah’s NGO and a Sarawak academician from International Islamic University who discussed the topic of The Malaysian Agreement 1963, attended by a few federal officers included one from Sabah BN Federal Minister’s representative attended the seminar. Another was on 27th were Datuk Dr Jeffrey Kitingan of the STAR Sabah, Datuk Yong Teck Lee President of SAPP, one Puan Lina Soo from Sarawak NGO and one from Peninsula discussed about the Past, Present and the Future of Malaysia.

There had been great enthusiasm on the autonomy issues in the two separate seminars.

In my observation, its only fair to suggest that cooperation between the two states is a must, and this one of the viable strategists that could be used by the two States Amde Sidik, said

Sarawak would be having its State general election in the 2016, but it doesn’t distract the cooperation.

Sabah must adopt Sarawak’s style, to eliminate any opposition parties, which are not local based. Their promise about autonomy isn’t the same as local parties, and in fact they are only to hijack and confused rural voters.

By Hj Amde Sidik, Director of PIPPA -Progressive Institute of Public Policy Analysis, Sabah

Esscom Should Zone 1,400KM Coustline Into Manageable Portians

Amde Esscome

By Amde Sidik

ESSCOM- Eastern Sabah Security Command was set up in April 2013 to quelled the rampant activities of kidnappings and abductions along the coastal areas of the East Coast of Sabah.

The Eastern Coastal of Sabah has about 1,400 kilometers long stretching for the district of Kudat to Tawau, in between are Sandakan, Kunak and Lahad Datu

In general, people view ESSCOM has failed to curb the abduction and kidnapping activities. This year alone has three abduction cases. The most recent was on May 6, where Abu Sayyaf kidnapped a Chinese tourist and a Filipino restaurant worker. We are yet to hear the fate of the two victims.

It reminds me less than five years ago Federal Ministers used to make statements that kidnappings and abductions in Eastern Sabah were isolated cases, this agitated local people, wasn’t until Sultan Sulu invaded Sabah last year (March, 2013) otherwise situation wouldn’t change much. The Sultan Sulu invasion was considered weird when authority had to negotiate with terrorists. Why were they negotiating is in anyone guesses.

The same old attitude

Sabah border in the east is porous but it had been nearly the same before independent. Take Tawau for example, people crossing from Indonesia’s Pulau Nyamuk to Tawau requires no inspection.

I was in Cotabato, Mindanao a few years ago when I met one dark skin guy like pirate of the Caribbean who told me he used to visit Sabah many years ago. He said he was a pirate, along their routes to and fro from Malaysia’s water he used to shoot the lights houses and when chase by Malaysian marine they would just cut loose the net that they installed earlier, that marine boat went slower and stalled. That was scary like hell sitting next to him, when I asked what he does now, he replied, he is a good man now he is a pastor. Goddess me!

Living in the East Coast of Sabah according to one respondent who said, he has to endure the scary feeling, until he has enough money to move out from east coast.

The tourism business is worse affected sector in Sabah. Some hotels owners whom I contacted said, in Kota Kinabalu, on average hotel rooms occupancy reduced to about 30 percent, some even experienced 80 percent dropped since this latest abduction.

What is this telling us? The impact of Chinese tourists to Sabah indeed is phenomenal. But people in Peninsula may not feel this because tourists from China came via direct-chartered flights China- Sabah.

But it’s the lackadaisical attitude of political leaders over security problem in Sabah for so long is the most mind-boggling.

Issue on Federal government giving citizenship to Muslims Filipinos from Southern Philippines is not new thing. The just concluded Royal Commission of Inquiry had brought some lights. Generally people can interpret while Tun Mahathir Mohammad, former Prime Minister continues to say what he wanted to say, to fool us, let him be..

Not that many Malays from Peninsula

In the 70s, the statistics of race called Malay in Sabah was only 6 percent but by 2007 it’s more than triple, in some statistics even more. This additional numbers of Malay did not come from Peninsula, records did not show otherwise but must only come from Southern Philippines and Indonesian’s Island, and they are the new Malay. Sabah population now stands at 3.2 million a head of Sarawak 2.47; expert says Sabah population growth was abnormal.

Giving citizenship to Muslim from Southern Philippines would help to prolong the life span of UMNO, United Malay National Organization. Muslims immigrants easily became Malaysia citizens just because they are Muslims. A person owns Malaysian Identify Card is allowed to vote in country’s General Election, it means he is a citizen how he gets MyKad doesn’t matter.

The threat from Southern Philippines is for a long time to come after all the notorious Abu Sayyaf have family connection here and there is no sign of them retiring from doing what they capable of doing.

No need separate agency like ESSCOM

As at present set up ESSCOM needs close coordination with other agencies namely: Police, Army, Marine, political leaders and local leaders, without support from these agencies ESSCOM is powerless.

ESSCOM has neither experience nor expertise by it self, they don’t have manpower on it own.

The creation of ESSCOM is seen as unnecessary because of duplications of work beside, cumbersome networks that then who gives the final say. A former civil servant turns ‘KGB director’ now has to deal with countering terrorists, intruders, kidnapping, subversive activities, intelligent gathering, and etc, in which requiring a completely new skills and new environment altogether.

The scope of police’s work and army’s work could easily be extended to supervise Sabah’s the coastal line. The State security matters should not be made as political trade off. I still consider Sabah Police Chief would be the most appropriate person to head ESSCOM that what he is trained for. In fact a few senior police told me the idea of how to deal with Sabah East coast had been proposed long time ago.

Issue of Control

Control is one of the most important elements here until ESSCOM is in control; we may back to square one. Resources must be made available when required, no time lag, facilities such as high-speed boats, vehicles, weaponry, helicopters and personnel back up system are ever ready.

Outmoded police and army facilities must be replaced. Confident building needs to be emphasized especially with the introduction of the latest technology-this peripherals are a must, but the problem is, terrorists’ speedboats are faster than our police marine. Apart from that intelligent gathering must be sophisticated enough to counter the enemy.

Proposals

Option 1
In my recent discussion with a former Superintendent police who served in Lahad Datu for several years Kamis Daming, and another was Zulkifli Ismail a former Sabah Security Director who said, the most practical thing to do is to break the coastline into manageable parts, for the purpose of this discussion let say, the government builds 5 stations serves as entry in and out points on the coast along the 1,400km, which means one station for every 300 km. These stations are equipped and manned with modern facilities. Logistically sophisticated competent to beat the intruders. Constant observations, monitoring, patrolling, contacts and routine exchanges of security activities with other stations.

Option 2
Let say build 5 platforms, ala oil rags on the sea, for every say 300 km or may be 3 platforms, one platform for every 500 km. The functions of the platforms are the same as stations in mainland mentioned above, except structures of platforms are built on the sea instead of on land.

Impressively built platforms would create tough image and authority means serious business. Equipped with modern security facilities include among them airstrip or landing pad for helicopters. Spending money on facilities like this is more meaningful than buying submarine, which can’t even ‘swim’. Again each of these platforms serves as point of entries

Last but not least, local an orthodox knowledge may still be required I was told mundu (local name for pirates) from Southern Philippines believed in superstition and still very much as part of their culture, they therefore do thing based on what they learnt from their ancestors was discovered by polices over the course of their duties in this region, for example, mundu strikes on certain organised timeframe they do it based on their beliefs, meaning, they don’t strike rampantly but calculative about the date, time or even places. May be with this knowledge would help security officers to take extra measures what part of the year would mundu likely strike sound more like 1bomoh

Amde Sidik is Director of PIPPA [Progressive Institute of Public Policy Analysis, Sabah] Former lecturer in law, and International Institutions & Political Environment at local and foreign Universities.

Sabah and Sarawak must build strong bond now than ever…

Sabah and Sarawak must build strong bond now than ever...

Kota Kinabalu; 20/05/2014 (Tuesday) Opposition political parties of Sabah based must be seen as one group and one force if it were to win people’s hearts to face the next General Election. Second, the path where the group is heading to must be clearly seen, and the move by Sabah and Sarawak must be in tandem in their demand for full autonomy based on Malaysian Agreement 1963. Thirdly, the networking of the two Borneo States must take place at various levels according Amde Sidik, the Director of PIPPA-Progressive Institute of Public Policy Analysis Sabah.

In Sarawak’s case the autonomy has been practised slightly ahead of Sabah. Sarawak State is in control of the appointment of its Chief Minister, unlike Sabah where Prime Minister who decides, this is because Sabah is controlled by UMNO, whose chief is the Prime Minister, not only that, every other appointments and policy matters and directions need to have UMNO Chief ‘s blessings.

“Sarawak way would be aspiration for Sabah political movement now. The past and the current Chief Minsters of Sarawak have made it clear time and time again, if the autonomy of the State is to be safeguarded, Peninsula Party in particular UMNO has no place in Sarawak, who else can inspire Sabah better” Amde said.

In the recent two seminars held in Kuching, where two groups of Sabah politicians and NGOs were invited. One, on 26th was organised by Sarawak Sovereignty Movement where three speakers involved, one was Sabah’s politician, one from Sabah’s NGO and a Sarawak academician from International Islamic University who discussed the topic of The Malaysian Agreement 1963, attended by a few federal officers included one from Sabah BN Federal Minister’s representative attended the seminar. Another was on 27th were Datuk Dr Jeffrey Kitingan of the STAR Sabah, Datuk Yong Teck Lee President of SAPP, one Puan Lina Soo from Sarawak NGO and one from Peninsula discussed about the Past, Present and the Future of Malaysia.

There had been great enthusiasm on the autonomy issues in the two separate seminars.

In my observation, its only fair to suggest that cooperation between the two states is a must, and this one of the viable strategists that could be used by the two States Amde Sidik, said

Sarawak would be having its State general election in the 2016, but it doesn’t distract the cooperation.

Sabah must adopt Sarawak’s style, to eliminate any opposition parties, which are not local based. Their promise about autonomy isn’t the same as local parties, and in fact they are only to hijack and confused rural voters.

___________________

Amde Sidik is Director of PIPPA -Progressive Institute of Public Policy Analysis, Sabah

Peninsular Malaysia, breeding ground for Islamists?

 Peninsular Malaysia, breeding ground for Islamists?

By Amde Sidik

Is Malaysia turning into a breeding ground for Islamists? The recent upsurge of religious extremism-linked incidents in Peninsular Malaysia seem to indicate so.
More worrying however are indications that such acts of extremism appear to be a subtly planned and strategised move.
I have repeatedly said in the past that Malaysia should stop sending students to Egypt and nations in that part of the world.

If the taste of pudding is in the eating, then the religious extremism we are facing is it.
Students sent to study on taxpayers money are returning as religious bigots with scant respect for lives, cultures and believes and this includes those shared by Muslims.

These religious extremists are using NGOs as shields under the pretext of ‘Islamic Struggles’ and are intimidating ordinary citizens especially non-Muslims with their extreme and sometimes seditious remarks.

It has made walking on streets in Peninsular Malaysia uncomfortable.
The fact is religious extremists are all based in Peninsular Malaysia under the noses of Putrajaya.

Many of these groups are offshoots of Umno and as such untouchable. Ibrahim Ali, the president of Perkasa is one such example.

We have heard seditious calls such as “pendatang” and calls for Chinese and Indians who don’t like Malaysia to go back to China and India respectively.

These are hurtful remarks which Malaysians in Sabah can neither share nor stomach.
As a Muslim I am disgusted by such behaviour and remarks by my fellow Muslims in the Peninsular.

Prevailing misconception

I see that if these extremists can mouth such vile remarks to their neighbours in Peninsular
under the noses of the authorities than our sensitivities in Borneo. which is thousands of miles away, is of lesser concern and importance.

There is a misconception that Muslims are all alike everywhere. This is not true.
Sabahan Muslims are not like Muslims in Peninsular Malaysia.

An example is the perception of Peninsular Muslims towards their brethren in southern Philippines. They feel sympathy.

We in Sabah feel nothing for the Muslims in southern Philipines.

In fact we feel anger for the decades of hell we have suffered because Peninsular Malaysia sympathised with southern Philippines.

Legalised illegal immigrants, majority Muslims from southern Philippines, have snatched from us our quality of life, peace and religious freedom.

The southern Philippines-based Abu Sayyaf, is a splinter of Moro National Liberation Front.

They are a Muslim group and have been ‘terrorising’ Sabahans for years, all with the assistance of their local legalised family affiliates, courtesy of former prime minister Tun Dr Mahathir Mohamad’s Project IC.

But only in recent months has this become a major concern.

Three kidnappings have taken place in Lahad Datu under the purview of the Eastern Sabah Security Command (Esscom) putting test the stength of Malaysia’s security system.
The very existence of Esscom has now been put to question.
Esscom as it is, isn’t good enough. The government should revamp it and place it either under the police or Chief Minister Musa Aman.

Esscom must have personnel who are trained and experienced in countering terrorism. It must be given powers to direct agencies emulating the army.
The nation’s security interest must not be seen to be adulterated with other interests, least of all by a misconception of Muslim brotherhood.

Amde Sidik is a former lecturer and director with the Progressive Institute of Public Policy Analysis, Sabah.

Religious extremism: View of an East Malaysian Muslim

Religious extremism: View of an East Malaysian Muslim

By Amde Sidik

MAY 15, 2014

The recent upsurge of religious extremists movement in Malaysia looks like planned and strategised in subtle way, and one wonders if the country is turning into a breeding ground for the groups.

Religious extremists boast their struggles using NGOs as shields, under the pretext of “Islamic struggles”. Ordinary citizens, especially non-Muslims, feel intimidated by their extreme, sometimes seditious remarks, which makes walking on Malaysian streets uncomfortable. The media too can be blamed for their aptness in sensationalising the issue of race and religions. Had they not given coverage, there is no way they could be where they are now.

When we talk about religion, there is a different perception among people in Sabah compared with Malaysians in the peninsula. Majority of Sabahans don’t share sympathy about the plight of Muslims from southern Philippines as they had experienced hell for the last fifty years or so, no matter what Tun Dr Mahathir said on the Project M.

Labour might be cheap because of their presence but the overall quality of life of Malaysians has declined, because those who migrated to Sabah were poorer than Sabahans, some were even criminals or escapees from prisons.
The biggest threat now economically in Sabah is not the Filipinos but those newly arrived from Celebes Island. There are 17 million in the crowded Celebes Island who look at Sabah as gold mine.

My point is that Malaysia’s religious extremists are all based in the peninsula, at the very nose of the people in power, and as such there is this suspicion for their inaction. We notice many extremists were the offshoots of Umno, which is why they are untouchable, such as Ibrahim Ali, the president of Perkasa.

We have heard such statements as “if you don’t like Malaysia go back to China” or “go back to India” or wherever. This kind of saying hurts. Malaysians in Sabah don’t share this view and can’t stomach it. Religion isn’t the only line of connection. Blood connection has always been thicker here. I have in fact written this phrase time and times again, as a Muslim I am disgusted because of the behaviour of my fellow Muslims.

If they, the extremists in the peninsula, can say to their neighbours next door, what about us, who are thousand miles away and as such so much less significant to them. Only a matter of time this same people would tell us to go back to Borneo. If that is the case, we ought to be thinking of doing something before it’s too late.

Among the most notable leaders now is a Muslim educated from a reputable Islamic institution Al Azhar University, Abdullah Zaik Abd Rahman, who has been behaving like a graduate of Boko Haram. But of course Egypt is no longer a suitable place to seek knowledge. I wouldn’t recommend. Malaysia should stop sending students to this part of the world. If the taste of pudding is in the eating, then we have had it. Don’t waste public money. If patriotism is what the government is for, they may not getting it all. Instead, some came back as religious bigots.

This reminds me of a TV discussion a few years back on why Christians in East Malaysia can use the word “Allah” but not in West Malaysia. The answer from one NGO leader was that it’s all right for East Malaysia to use “Allah”, but it is not proper for Muslims in West Malaysia to allow Christians to use it. When asked why, he simply said, “Not proper”. My question: Is he implying that Muslims in Sabah and Sarawak are not proper? – May 15, 2014.

* Amde Sidik is director of Progressive Institute of Public Policy Analysis, Sabah.

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

Article from: http://www.themalaysianinsider.com/sideviews/article/religious-extremism-view-of-an-east-malaysian-muslim-amde-sidik

On The Rights To Secede

By Amde Sidik

MAY 11, 2014 

Kota Sentosa assemblyman Chong Chieng Jen recently told the Sarawak Assembly that if a referendum to decide whether Sarawak should remain in Malaysia were held today, 75% of Sarawakians would opt for separation.

That prompted this writer – the director of Progressive Institute of Public Policy Analysis Sabah – to refer to his “What do we mean by autonomy?” presented at the “Malaysia Agreement 1963” seminar  held in Kuching on April 26 and organised by the Sarawak Sovereignty Movement, chaired by Datuk Morshidi Abd Rahman, who is also SSM chairman.

How secession can be made and in the context of Malaysia?

But today, no country can intimidate its citizens forever.

In Malaysia, the word “autonomy” has never been said openly until SAPP leaders did in November 2010, on the eve of the Batu Sapi, Sandakan by-election.

SAPP was accused of wanting to pull out of Malaysia. Voters were scared. The result was predictable. But now Sarawak is talking about separating from the Federation of Malaysia – which is another step above autonomy.

According to Amde, with the current political scenario in Malaysia, there are three options available for the Borneo states.

One, proceed with the current political system, where nothing is changed.

Two, demand for autonomy, because that is our legal rights under Malaysia Agreement 1963, that is, restore the agreement because that is what the people expect.

Third, secede from Malaysia.

Only recently the Urban Wellbeing, Housing and Local Government Minister Datuk Abd Rahman Dahlan said Sabah and Sarawak could not secede from the federation.

But as Amde pointed out in Article 2 of the Federal Constitution, there is no mention of secession, but that doesn’t mean you can secede, which is not unusual in legal interpretation of English law.

The general concept is if one voluntarily on one’s free will joins an association, it is assumed it is also one’s free will to leave.

International law experts have no problem in agreeing with this.

There are two main United Nations bodies that are concerned with secession – International Covenant on Civil and Political Rights ICCPR and International Economic, Social and Cultural Rights ICESCR.

Take Somalia as an example. Other legal theorist like Allen Buchanan says secession is allowed:  a state can secede for any reasons, only if there are grave injustices or both.

* Amde Sidik is director of PIPPA (Progressive Institute of Public Policy Analysis, Sabah).

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.

 

From: http://www.themalaysianinsider.com/sideviews/article/on-the-rights-to-secede-amde-sidik