Jacel Kiram’s Senate bid can’t mention Sabah

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 Forum Labuan Part 2 (Video)

Date: 24th August 2014

PIPPA (Progressive Institute of Public Policy Analysis) held a forum at the Mariner Hotel Labuan in Sabah, Malaysia.

The guest speaker for that evening was Malaysian renowned civil liberties activist and former head of MCLM(Malaysia Civil Liberties Movement) & is now head of A.B.U(Anything But UMNO) Mr Haris Ibrahim.

Topics that were in the forum:
Sabah Oil & Gas, Sabah Poorest State in Malaysia, Questioning the legitimacy of the Najib administration, Racial tension in Malaya.

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?

For Amde only those unfamiliar or left behind in the study of this subject may raise eyebrows partly because “we” in this region are so used to coercion, frightened and threatened by the authorities.

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