Tuntutan Pindaan Perlembagaan oleh Kerajaan Sarawak : Persekutuan Malaya+Sabah+S

cmf_shalom

Kalau pro-intelek Malaya berhujah, Sabah, sarawak adalah jajahan british, tidak boleh untuk membuat tuntutan, membuat perjanjian...pro intelek Sabah, Sarawak pula sudah mula berhujah, MA tu null and void!


Semakin menarik kes Malaysia ini.

cmf_shalom

cmf_shalom

Kalau versi Malaya, Sabah, Sarawak tu tanah jajahan British..Full stop..

Tapi setelah berpuluh tahun, dah tiba masanya kita dengar versi Sabah, Sarawak...

Kalau tarikh pembentukan Malaysia, versi Malaya pun salah, nak percaya apa lagi?

cmf_shalom

Kalau Malaya sendiri tidak menghormati Perjanjian Malasia....atas nama neraka...apakah hak Malaya menuntut Sabah, Sarawak berbangga jadi rakyat Malaysia?

Sampai sekarang Malaya tidak mengiktiraf Perjanjian Malaysia dalam Perlembagaan..

Jadi boleh bagitau, Malaysia terbentuk sekarang atas Perjanjian mana?

cmf_shalom

Ini "ayat" sebelum terbentuk Malaysia

Sebelum kawin...ko janji bulan bintang, selepas kawin ko bagi sepak terajang..

cmf_shalom

If the Sarawak gomen did not sign the MA63, Sarawakians would have reaped the benefit of the state’s own natural wealth since 1963 instead of having to beg for money from the Federal gomen like beggars

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menarik....

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Rebuttal article on the “Grievances of Sabah and Sarawak are real”.




By, Zulfaqar Sa’adi

The article entitled the “Grievances of Sabah and Sarawak are real” by Dr Chandra Muzaffar, the Chairman of Board of Trustees, Yayasan Perpaduan Malaysia was recently published.

The statement made by Prime Minister Mahathir Mohamad on 16th September 1963 on the status of Sabah and Sarawak within the Federation of Malaysia as equal partner to the Federation of Malaya are resounding well with the people of Borneo. However, his statement is nothing more than what has been echoed by many leaders that comes previously over the past years. Even the former Prime Minister Najib Razak has made a similar pledges prior to the toppling of the Barisan Nasional in the 14th General Election.

The understanding of the formation of the Federation of Malaysia, particularly on the status and rights of the Borneo States will not be found on a selective speeches of PM Mahathir. What he said is only a small parcels of it.

The understanding of the formation of Malaysia can be found primarily in the Malaysia Agreement 1963, IGC Report, Malaysia Act 1963 (No.26), Malaysia Act 1963 Chapter 35 and Malaysia United Nations Mission Report dated 14th September 1963.

Other documents that comes with it can be found in the hansards of the Federation of Malaya Parliament and British Parliament over the years of 1961 to 1963. If we want to go more details, the selective declassified documents on Malaysia by AJ Stockwell would be a good start to venture into the understanding of each episodes of the formation of Malaysia from the proposed formation of the Borneo Federation but inadvertly has change into the formation of the new Federation of Malaysia. This is how the people at large can understand the formation of Malaysia and how exactly the Borneo States has been integrated with the Federation of Malaya under various agreed terms and safeguards and most importantly, under certain obligations by the governments concerned.

The people of Malaysia will not understand the formation of the Federation of Malaysia by a mere lip service of certain politician. Its need to be taught in all level of education in Malaysia if the Federal Government are really serious, instead of Malaya-centric historical lesson in high school.

The equal partnership of the Federation of Malaysia is among the Federation of Malaya, Singapore, Sabah and Sarawak. Singapore has separated from Malaysia in 1965 and become fully independent in 1966 through Singapore Act 1966 passed by the British Parliament. Now, the equal partnership was share between the Federation of Malaya, Sabah and Sarawak. This is the signatories of the IGC Report and Malaysia Agreement 1963. There is no such thing as Peninsular Malaysia. How come we have an entity called Peninsular Malaysia before the formation of Malaysia? Stop using unconstitutional terms as the rights terms is the Federation of Malaya which formed as an independent country in 1957. In Article 160(2) of the Federal Constitution, it is explicitly mentioned that “the Federation” which referred to the Federation of Malaya is well define which means the Federation established under the Federation of Malaya Agreement 1957.

The recognition of the constitutional status of Sabah and Sarawak can be found in Article Article I of Malaysia Agreement 1963 which expressed;

‘The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the States of Sabah, Sarawak and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called " Malaysia ".

Article I outlined that once the Colonies of North Borneo and Sarawak federated with the Federation of Malaya, the then colonies would become the States of Sabah and Sarawak. The constitutional status was further expressed in Annex, Malaysia Bill, Part II, Section 4. This Section 4 has been annexed into the Federal Constitution through Malaysia Act (No.26) and becomes Article 1 of the Federal Constitution. This original provisions expressed that the territories comprising the States of the Federation of Malaysia is the States of Malaya, Sabah, Sarawak and Singapore. This territories is the equal partner in the formation of Malaysia.

Unfortunately, Article 1(2) has been amended by Act A354, section 2, in force from 27-08-1976, which has reduce the constitutional status of the States of Sabah and Sarawak to be equal with a mere 11 states of Malaya, becoming the 12th and the 13th States of Malaya.

This amendment is inconsistence with Article 159(4)(bb) and Article 161E of the Federal Constitution. Under Article 159(4)(bb) and Article 161E, Article 1(2) is excepted from any amendment of the Constitution as any amendment of this particular Article 1(2) will affect in connection with how the State of Sabah and Sarawak was admitted to the Federation of Malaysia and its relation with other States (Federation of Malaya and Singapore). This means, the characteristic and the process of the admission of the State of Sabah and Sarawak as outline in the original Article 1(2) based on Malaysia Agreement 1963 cannot be altered in anyway.

The constitutional amendment of Article 1(2) in 1976 has change the substance and the political system of the Federation of Malaysia itself into mirroring the political system of the Federation of Malaya which the States of Sabah and Sarawak never bargained for. This is the reason Article 159(4)(bb) and Article 161E was there in the first place, to avoid any change of the political system of Malaysia to safeguard the constitutional status of the States of Sabah and Sarawak.

What happen in 1976 is therefore, the unconstitutional change of the political system of Malaysia, not just a mere unconstitutional amendment. In this case, let me borrowed Walter Murphy argument about what constitute constitutional amendment and what not;

“The word amend, which comes from the Latin emendere, means to correct or improve; amend does not mean ‘to deconstitute and reconstitute,’ to replace one system with another or abandon its primary principles. Thus, changes that would make a polity into another kind of political system would not be amendments at all, but revisions or transformations.”

Indeed, what happen in 1976 is the changes of polity in Malaysia into another kind of political system mirroring the Federation of Malaya. The States of Sabah and Sarawak never agreed to form this kind of political system.

Another point that Dr Chandra Muzaffar that rattle me is his statement that ‘the actual structure of governance and in the delineation of powers within the Federation was not really clear’. This statement clearly false. The separation of legislative powers was very clear in the Ninth Schedule of the Federal Constitution and even clearer in the Annex A of the IGC Report. The separation of certain legislative and financial rights was again can be found everywhere in the Federal Constitution. It is very informative and details.


With the departure of Singapore from the Federation of Malaysia in 1965, what concerned the political elites in Malaya is their federal government coffers. On the contrary, the separation of Singapore didn’t complicate things for the political elites of Malaya. It’s actually make everything easier for them to make the States of Sabah and Sarawak subservient with the will and fancy of their interest. Without the state-of-art of Singapore politicians, in opposing their political agenda, the Malayan political elites passed the continental shelf 1966 and Petroleum Mining Act 1966 to take over the rights of Sabah and Sarawak. This is only a start of a way bigger game of plundering of Sabah and Sarawak coffers. Then, various unconstitutional act of parliament was passed in breached of the Federal Constitutional and Malaysia Agreement 1963 was made such as PDA74, TSA 2012 and hundreds of unconstitutional amendment was made to the Federal Constitution, regardless of the interest of Sabah and Sarawak.

The departure of Singapore, didn’t in anyway make the Malayan political elites, the so-called national leaders to be more concerned with the interest of Sabah and Sarawak. It just make them to become more reckless and hungry for more power and monies from plundering the rights of Sabah and Sarawak over the years. Without Singapore to balance the political antics of the Malayan elites, looks at how they start to treat Sabah and Sarawak until today. No shame at all. It is more important for the Malayan political elites to develop Malaya and take care of their more than 20 million voters than nation building based on the terms as agreed in Malaysia Agreement 1963. A complete breached of trust. They just interested to achieve the economic and administrative realities of Malaya, not Malaysia.

The financial arrangement for examples through Special grants and assignments of revenue to States of Sabah and Sarawak under Article 112C and Special grants to States of Sabah and Sarawak under Part IV of the Tenth Schedule indeed retained in the Federal Constitution. There is more financial arrangement and financial terms has been agreed in the IGC Report which doesn’t make it way into the Federal Constitution but must be implement nonetheless under Article 169(c) of the Federal Constitution. All this arrangement is nothing more than a dressing in the Federal Constitution. I can say, none of it has been implement by the Federal Government since 1963. So, what rights and financial rights is there for Sabah and Sarawak, if the Federal Government doesn’t even bother to implement the mandatory provisions of financial rights of Sabah and Sarawak as expressed in the Federal Constitution? We have a national leaders who doesn’t respect the Federal Constitution itself!

Not enough with the raping of financial rights of Sabah and Sarawak, the legislative rights also has been unconstitutionally change from State List into the Federal List in the Federal Constitution. This is all unconstitutional and breached the international agreement of IGC Report and Malaysia Agreement 1963. I’ll not go into details here, find it yourself. The unconstitutional amendment is literally everywhere!

The most despicable remarks by Dr Chandra Muzaffar, either he is ignorance or not, is his statement that ‘almost all members of Parliament from Sabah and Sarawak present in the Dewan Rakyat that day voted for the constitutional amendment’. What a misleading statement.

First of all, the members of Parliament from Sabah and Sarawak represent the Federal Government. They’re not representing the Government of Sabah and Sarawak. The one that represent the wishes of the people of Sabah and Sarawak is our Legislative Assemblies. Not Parliament. The members of Parliament of Sabah and Sarawak, indeed play a role in safeguarding the interest of Sabah and Sarawak, as the first line of political defence. There are more layers than what you think there is.

In the first place, Sabah and Sarawak agreed to be allocated certain numbers of Parliament seats during the formation of Malaysia, subject that the shared number of seats between Singapore, Sabah and Sarawak is at least 1/3 of the total numbers of seats in Parliament. This will give sufficient veto power to ensure the constitutional amendments would take seriously the interest of Sabah and Sarawak. Unfortunately, this veto power has lose with the departure of Singapore and the number of members of Parliament from Sabah and Sarawak has become so low that their veto power has become redundant. Our rights to defence our interest in Parliament has been breached and our first line of political defence at national level has been rendered powerless.

Second, the constitutional amendments or any act of parliament also required the consent of Sabah and Sarawak Governments before it can be extend or implement in Sabah and Sarawak. Such safeguards is expressed under Article 161E, Safeguards for constitutional position of States of Sabah and Sarawak. Did the Federal Government refer to this provisions during the constitutional amendment was made in the past? The answer is no. No consent was ever given by the State Government.

The grievances of the people of Sabah and Sarawak was justify if we observed the breached that has been done by the Federal Government upon the agreed terms in the IGC Report, Malaysia Agreement 1963. Even the Federal Constitution was not being respected by the Federal Government when it comes to the mandatory obligations towards the States of Sabah and Sarawak.

On this light, it is not Sabah and Sarawak that need to reflect. It is Malaya and the Federal Government that need to reflect and be more conscious to the need to halt themselves from further destroying Malaysia by encroached upon the rights of the people of Sabah and Sarawak. For the larger interest of the nation, Federal Government must reflect and rectified their mistakes and make a constructive actions towards implementing the IGC Report, Malaysia Agreement 1963 and the Federal Constitution especially pertaining to the interest of Sabah and Sarawak.

When the rights of Sabah and Sarawak was implemented and the unconstitutional amendment was restore, only then the minority political elites in Malaya and Federal Government will understand how Malaysia will benefits the majority people throughout the federation.

The need to restore the constitutional status and implement the rights of Sabah and Sarawak has become so serious that even the international communities are now asking about it in the face of Prime Minister Mahathir in the recent United Nations General Assembly. The tangible policies and programmes that benefit the people of Malaya, Sabah and Sarawak can only done properly when the equal partnership is restore as per agreed terms. Only the restoration of the rights of Sabah and Sarawak, will the socio-economic status of the masses in Malaysia will be improve. Not just the masses in Malaya.

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Fahami apa itu ISA. Fahami apa berlaku pada Tun Fuad di Sabah pada 1976 bila engkar dengan permintaan Malaya. Ada kaitan dengan minyak. Fahami bagaimana Malaya gunakan kuasa darurat mereka untuk campurtangan dalam krisis Stephen Kalong Ningkan di Sarawak pada 1966. Fahami kenapa UMNO masuk Sabah di zaman Mahathir. Fahami kenapa UMNO juga mahu masuk Sarawak. Juga di zaman Mahathir. Fahami kenapa selepas insiden-insiden itu pemimpin-pemimpin SabahSarawak gentar dengan Malaya. Asal bunyi saja, mereka ditamatkan riwayat politik atau parti mereka hilang kuasa atau mereka sendiri dimasukkan ke dalam tahanan ISA.

Fahami bilangan kedudukan kerusi di Parlimen selepas Singapura keluar Malaysia pada tahun 1965. Malaya automatik dapat kuasa dua pertiga Parlimen. Fahami kenapa PDA 1974 boleh lepas. Fahami kenapa Pindaan Perlembagaan 1976 boleh lepas. Fahami kenapa pemimpin-pemimpin SabahSarawak mahu lawan Malaya tapi rakyat SabahSarawak sendiri masih buta apa benda yang mahu dilawan.

Fahami keadaan media pada zaman sebelum wujudnya internet. Fahami Najib mansuhkan ISA, dan bermulalah zaman kesedaran di seluruh Malaysia. Walaupun akhirnya Najib sendiri yang kena. Fahami bila classified documents jadi declassified. Fahami bila kebangkitan rakyat Borneo bermula. Kenapa tak bangkit dari dulu? Seandainya Tok Nan bising-bising pasal MA63 pada tahun 1987 rakyat Sarawak sendiri akan anggap dia gila. Belum habis dia speech polis sudah sampai. Rakyat lain tak tahu apa-apa. TV dan suratkhabar dikawal Malaya.

Ini semua adalah realiti perubahan zaman. Tidak guna salahkan pemimpin-pemimpin SabahSarawak. Mereka memang ada salah, kenapa tak dari dulu lagi lawan Malaya. Rakyat juga ada salah, kenapa sekarang baru tahu apa benda mahu dilawan dengan Malaya. British juga ada salah, kenapa tak dari dulu lagi siasat muslihat Malaya. Sekarang baru nampak semua yang salah. Semua pihak bertanggungjawab. Tapi kalau asyik menuding jari sampai bila mahu berubah.

Tok Nan sudah bermula awal, sebelumpun PRU14. Sekarang Sarawak cuma continue from the unfinished business. Kerajaan terdahulu atau kerajaan sekarang, sama juga Malaya, sama juga tetap dilawan.

HajiJulaihi

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cmf_shalom

Pada suatu hari 55 tahun yang lalu, Ketua Menteri Sarawak Stephen Kalong Ningkan dan Ketua Menteri Sabah Fuad Stephen dijemput berjumpa oleh Ketua Menteri Malaya Tunku Abdul Rahman. Dia bilang, mahu tubuhkan Malaysia.
Sepanjang rundingan itu, banyak syarat diberikan sebelum Sabah dan Sarawak boleh bersetuju berkongsi bendera dengan Malaya. Malaya juga buat satu syarat. Syaratnya ialah Sabah dan Sarawak tidak boleh keluar dari Malaysia.

Pihak British, moderator dan penganjur proses rundingan itu, dia bilang, "Kalau SabahSarawak dengan sukarela membentuk Malaysia bersama Malaya, maka SabahSarawak juga dengan sukarela boleh keluar dari Malaysia."

Itu British bilang. Ada dalam transkrip di London.

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Cantik pula logo dan soalan ni...

Dah tiba masanya ummah Borneo bertanya soalan kepada ummah Malaya....Sayang Malaysia takkkkkkk?
















Ummah Malaya tidak kenal Malaysia







Ummah Malaya ingat mereka kenal Malaysia...salah! Malaya dan Malaysia dua entiti berbeza..

Hanya ummah Borneo yang mengenali Malaysia:


Malaysia dibentuk melalui pergabungan Wilayah Persekutuan Malaya, Sabah dan Sarawak dan Singapura pada 16 September 1963.

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SELAMA BERPULUH TAHUN.... MALAYSIA TERASING DI TANAH MALAYA...SABAHSARAWAK ADALAH BENTENG TERAKHIR MALAYSIA...


INI ADALAH BUKTI MALAYSIA MERUPAKAN ORANG ASING DI TANAH MALAYA

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