Tuesday 28 June 2016

Constitutional talks - Final Conclusion of the UN Mission


Pursuing the second phase of the negotiations between the Sarawak Government and the Federal Government aka Malaya Government on the constitutional phase of the round-table regarding Sarawak rights, it was notably that the United Nations Malaysia Mission Report, “Final Conclusions of the Secretary-General,” on 14 September 1963 was missing. 

It must be seriously considered by all representatives from all partners that the FINAL conclusion of the UN Mission is the last pieces of the puzzled which legitimized the formation of the Federation of Malaysia inaugurated on 16th September 1963. Therefore, the findings of the mission must be included in the constitutional talks of the second phase of the negotiation.

The UN Mission concluded that;

"...Bearing in mind the fundamental agreement of the three participating Governments in the Manila meetings, and the statement by the Republic of Indonesia and the Republic of the Philippine that they would welcome the formation of Malaysia provided that the support of the people of the territories was ascertained by me and that, in my opinion, complete compliance with the principal of self-determination within the requirements of General Assembly resolution 1541 (XV), Principal IX of the Annex, was ensured, my conclusion, based on the findings of the Mission, is that on both of these counts there is no doubt about the wishes of a sizeable majority of the peoples of these territories to join in the Federation of Malaysia.

Thus, the compliance mechanism involving the framework of the Federation of Malaysia based on the UN Resolution 1541 must be addressed seriously. The framework entailed that the Federation of Malaysia is an International Trusteeship System where the British as the Trustee of the Borneo States (Sarawak and Sabah) transferred their trusteeship obligation to the Federation of Malaysia through Malaysia Act 1963 Chapter 35 to became a new Trustee of the Trust Territories of Sarawak and Sabah. The obligation arise thence must be pursue by the Sarawak Government, Sabah Government and the Federal Government acting on behalf of the Malaya/Malaysia Federation. 

Here, i would like the representatives of the negotiations to considered in their meetings such documents;

1. United Nation Resolution 1541.  "Principles which should guide members in determining whether or not an obligation exists to transmit the information called for under Article 73e of the Charter"
2. Malaysia Act 1963 Chapter 35
3. United Nations Resolution 2625 (XXV). Declaration on Principles of International Law concerning Friendly Relations and Co-operation among States in accordance with the Charter of the United Nations
4. United Nation Resolution 2200A (XXI). International Covenant on Civil and Political Rights
5. United Nation Resolution 2200A (XXI). International Covenant on Economic, Social and Cultural Rights

God-speed. 

No comments:

Post a Comment