The Private Letters of Sir James Brooke, K.C.B., Rajah of Sarawak. (2 Jan 1839)

Paper written by Mr. Brooke before he left England in 1838

The Private Letters of Sir James Brooke, K.C.B., Rajah of Sarawak. (7 Dec 1838)

Petronas - 100% owned by Sarawakians.

On 3rd August 2016, the Suarah Petroleum Group’s (SPG) SPG president Hamin Yusuf was quoted as saying the majority of senior jobs in Petronas are filled by non-Sarawakians and there is a continuous influx of Malayans filling the lower level jobs. His concern was further exacerbate on the abolishment of 29 permanent positions that resulted in the retrenchment of 13 experienced staff from Sarawak by Petronas in its upstream restructuring exercise in Sarawak. 

It would be in the interest of all people to understand the constitutional breached of rights on this matter concerning the people of Sarawak to ensure educated insights so that the right implementation of rectification can be ensue to safeguard Sarawak at all costs. 

Let us refer to the IGC Report which outline the formal and documented agreement for the special interests of Sarawak. In Chapter III of the Proposed Constitutional Arrangements, the special interests of Sarawak regarding control of immigration was being outlined in paragraph 16 in details. 

In paragraph 16 (g), the following arrangements should apply: - 

(g) the Federation Government should give an assurance that labour for federal projects in the Borneo States will not be recruited from outside the State if adequate local labour is available and that it is not the intention of the Federal Government in its control of immigration to hinder the recruitment of persons from outside Malaysia as experts or technical advisers or for the purpose of employment by the Governments of the Borneo States.

It was clearly set out in the IGC Report, paragraph 16 (g) that the labour for the jobs and posts in Petronas located in Sarawak territorial waters will be given to Sarawakians as an utmost priority. The jobs and posts at all level must be filled by Sarawakians and we all know that adequate local labour is more than enough to be recruited. So, there should be no quota system for Sarawakians to filled the jobs in Petronas because as soon as the adequate labour is available, the jobs and posts will be filled by Sarawakians immediately. This mean, all the jobs and posts in the end will be filled by Sarawakians at all level, at the rate of 100%! This is our rights and agreed between the Governments concerned. 

If the situation in Petronas was not being rectified and being address properly, Sarawak Government can revert back the power over External affairs,etc* back to the Sarawak Government. 

In Annex A, the External affairs,etc* was the responsibilities of the Federal Government but subject to the undertaking on Immigration set out in paragraph 16 of the Report. However, if the Federal Government FAILED to undertake their assurances and undertaking on Immigration as being set out in paragraph 16, the Sarawak Government constitutionally can take over the External affairs, etc* responsibilities from the Federal Government and the power therein will belong to the Sarawak Government until the Sarawak Government give a consent to delegate the power back to the Federal Government and again based on the new conditions given through the new formal agreement (paragraph 16 (c)). 

It is up to our lawmakers to safeguards Sarawakian rights to ensure 100% jobs and posts in Petronas located in Sarawak to be filled by Sarawakians. Otherwise, the purpose of the creation of the Federation of Malaysia will be a complete failure if the breached is treated as a new norm. 

IGC Report - Sarawak control of immigration

In the Chapter I (Introduction) of the Report of the Inter-Governmental Committee, 1962, the two Governments of the British and the Federation of Malaya decided to establish an Inter-Governmental Committee, on which the British, Malayan, North Borneo and Sarawak Governments would be represented. Its task was to work out the future constitutional arrangements, including safeguards for the special interests of Sarawak to cover various matters including control of immigration. 

In Chapter III of the Proposed Constitutional Arrangements, the special interests of Sarawak regarding control of immigration was being outlined in paragraph 16 in details, where;

The following arrangements should apply: - 

(a) immigration into Malaysia should remain on the Federal List, but legislation should be enacted by the Federal Parliament to ensure that, except as provided in sub paragraphs (f) (i) and (iv) below, entry into the Borneo States will require the approval of the State concerned ; 

(b) the Federal Constitution should be amended to enable the Federal Parliament to legislate to control the movement of persons between the existing Federation and a new State or between new States on any ground (i.e. not merely the grounds specified in Article 9 (2)); 

(c) the Federal Government should undertake in the formal agreement for the establishment of Malaysia to pass before Malaysia Day a law coming into operation on Malaysia Day, the draft of which would be agreed by the Governments of the Borneo States and scheduled to the formal agreement and an outline of which is set out in paragraph (f) below; 

(d) the Federal Constitution should be amended to provide that this law may not be amended or repealed in its application to a Borneo State without the concurrence of the Government of the State concerned; 

(e) the Federal Constitution should be amended to provide that the provisions referred to in sub-paragraphs (b) and (d) may not be amended or repealed in their application to a Borneo State with out the concurrence of the Government of the State concerned; 

(f) the law referred to in sub-paragraph (c) should contain provisions to secure that:- 

(i) any person from outside Malaysia whose entry into a Borneo State the Government of that State considers is necessary for State purposes shall be given entry except in cases where the Federal Government, which will be consulted for this purpose, considers that it is desirable in the national interest that entry should be refused ; 

(ii) subject to Article 9 (1) and to sub-paragraph (iv) below, admission to a Borneo State will not be granted to any other person or class of persons, whether from inside or outside Malaysia, without the approval of the Government of the State concerned ; 

(iii) subject to Article 9 (1) and to sub-paragraph (iv) below, any person who is present in a Borneo State contrary to the provisions of sub-paragraph (ii) above or whose presence is otherwise unlawful whom the Government of the State wishes to be removed from the State, shall be so removed; 

(iv) the provisions outlined in sub-paragraphs (ii) and (iii) above do not apply to members or officers of the Federal Government or any person or class of persons whose temporary presence in the State the Federal Government, after consultation with the State Government, considers is necessary in order to enable the Federal Government to carry out its constitutional and administrative responsibilities, or any citizen who enters for the purpose of exercising his right in connection with the functioning of parliamentary democracy in Malaysia or any part thereof, or any person who belongs to the State, i.e. who is a permanent resident of the State or who is a citizen of Malaysia on account of connection with the State; 

(v) no person who resides temporarily in the State in accordance with sub-paragraph (iv) shall by reason of such residence be deemed to belong to the State or to be a citizen of Malaysia on account of connection with the State for the purposes of that sub-paragraph; and 

(g) the Federation Government should give an assurance that labour for federal projects in the Borneo States will not be recruited from outside the State if adequate local labour is available and that it is not the intention of the Federal Government in its control of immigration to hinder the recruitment of persons from outside Malaysia as experts or technical advisers or for the purpose of employment by the Governments of the Borneo States.

In Chapter III of the Proposed Constitutional Arrangements, paragraph 30 (1) of the Constitutional safeguards mentioned again that the Federal Constitution should provide that certain provisions such as immigration relating to the Borneo States should not be amended or repealed without the concurrence of the Government of the State concerned. 

In Annex A of the Legislative Lists, Administrative Arrangements and Assurances, generally accepted that in the early years after the establishment of Malaysia as few changes as possible should be made in the administrative arrangements in the Borneo States affecting the day to day lives of the people. During this period certain Federal powers should be delegated to the State Governments.

In Annex A, the External affairs,etc* was the responsibilities of the Federal Government but subject to the undertaking on Immigration set out in paragraph 16 of the Report.

*External affairs, including—

(a) Treaties, agreements and conventions with other countries and all matters which bring the Federation into relations with any other country;

(b) Implementation of treaties, agreements and conventions with other countries;

(c) Diplomatic, consular and trade representation;

(d) International organizations; participation in international bodies and implementation of decisions taken thereat;

(e) Extradition; fugitive offenders; admission into, and emigration and expulsion from, the Federation;

(f) Passports; visas; permits of entry or other certificates; quarantine;

(g) Foreign and extra-territorial jurisdiction; and

(h) Pilgrimages to places outside Malaysia.

In Annex A, if the Federal Government FAILED to undertake their assurances and undertaking on Immigration as being set out in paragraph 16, the Sarawak Government constitutionally can take over the External affairs, etc* responsibilities from the Federal Government and the power therein will belong to the Sarawak Government until the Sarawak Government give a consent to delegate the power back to the Federal Government and again based on the new conditions given through the new formal agreement (paragraph 16 (c)). 

Tunku Abdul Rahman memorandum to the British on the establishment of the Federation of Malaysia

Tunku Abdul Rahman memorandum to the British 

on the establishment of the Federation of Malaysia

46 PREM 11/3418 

26 June 1961

[The Grand Design]: letter from Tunku Abdul Rahman to Mr Macmillan. 

Enclosure: ‘Integration of British North Borneo territories and Singapore with the Federation of Malaya’

I was gratified to read your encouraging statement in Parliament last week about the proposed association of the Borneo territories, Singapore and the Federation of Malaya. As you may already be aware, I have written to Mr. Sandys regarding this, in particular about the future relationship of Brunei and the Federation. I am now forwarding a memorandum giving in some details our further thoughts on the subject, which I hope may serve as a basis for discussions.

Introduction

It is generally agreed that all dependent territories should in due course attain Sovereign and Independent status, an objective over which the United Kingdom and the Federation Government have no differences. Indeed, the Federation Government has followed the policies pursued in various parts of the world by the United Kingdom Government in this regard with appreciation and sympathy, being aware of the delicate balance required between progressive policies and the realities of particular situations. The immediate areas of concern to the Federation Government is Singapore, and further away, however, are the neighbouring territories, namely North Borneo, Brunei and Sarawak. The future must inevitably require careful, long term and in the present political climate, urgent consideration.

2. Annexes A and B show a breakdown of the area and population of each of these territories, and a map of this region.

3. The history of the Federation of Malaya is interrelated with the history of the Sultanate of Brunei which was formerly a powerful state with authority over those other two Borneo territories and territories of the Malay archipelago. There had been trade and political, social and cultural ties between those territories and Malaya from time immemorial. Racially the various indigenous peoples of those territories are related to the Malays, in fact they come of the same stock. The British domination in various degrees in this region during recent history brought about a closer political and administrative connection between the British North Borneo territories and British Malaya. There was established a currency union which still exists in the form of a Currency Agreement and there was interchangeability of the civil, police, educational and technical services, and in the case of the State of Brunei, many Malayan Civil Service, Medical Service and Technical Service officers are serving on secondment with the Brunei Government.

Proposal

4. Under the Defence Treaty with the United Kingdom, Malaya is committed for the defence of the Borneo territories, Singapore and Hong Kong in the event of external aggression or outbreak of hostilities in these territories. With regard to Singapore the Federation of Malaya is represented in the Internal Security Council.

It would not be out of place therefore if these territories were brought into closer ties with the Federation of Malaya. It is proposed therefore as a first step that the territories of Brunei, Borneo and Sarawak be brought into the Federation as units of the Federation, enjoying the same rights and privileges as the States which presently form the Federation of Malaya, namely, Johore, Malacca, Negri Sembilan, Selangor, Pahang, Perak, Kelantan, Trengganu, Kedah, Perlis and Penang. Brunei, being a Sultanate, would have a Sultan as Head of State, the other two territories would be headed by Governors as is done with Penang and Malacca. It would be better of course if Sarawak could be returned to Brunei, at least the northern part of Sarawak, where the population is mainly Malays and Dyaks.

5. After the merger of these territories with the Federation of Malaya, the next logical step would be to form a greater federation with Singapore. As the present Constitution of Singapore requires to be reviewed in 1963, the most appropriate time for preliminary discussions with Singapore would be before that date. It would be difficult at this stage, to determine the position of Singapore in its relation with the Federation, but it is obvious that once they become part of the greater federation, Singapore would be subject to the influence of the Federation, with rights to determine fully its internal affairs, except with regard to matters of national importance, such as internal security, defence, development finance, immigration, education and internal defence, and so it follows with regard to foreign affairs the Greater Federation Government will assume sole responsibility.

6. The next matter which will require attention will be the question of British bases in Singapore which are now used as part of SEATO defence. But after the merger of Singapore with the Federation it is obvious that these bases would no longer be at the disposal of SEATO but could be maintained as bases for the defence of the Commonwealth.

7. The administration of Singapore, Brunei and the Federation presents no difficulties whatsoever because the system of civil administration in these territories follows the same pattern based on British administration. It only remains to maintain the present administrative system, and in the future the officers of these territories would be interchangeable or transferable as they belong to the same service. It is proposed however that Singapore should maintain their own civil service but with rights to claim for secondment of officers from the Federation.

8. It is proposed that a discussion on this line mentioned above should be held when the Prime Minister of the United Kingdom visits the Federation in September, after which a formal discussion can be arranged with representatives of the Federation Government on one side and the United Kingdom as representing the United Kingdom Government and these other territories on the other side.

9. There are no Constitutional problems however novel or difficult which cannot be resolved. The main problem will be how to present the plan for Greater Malaysia to the peoples of three respective territories. Singapore can express their own will through their elected representatives, but in view of the political immaturity of the people of Borneo it is not anticipated that they will have politicians who can represent them. It is to be expected therefore that the representation of the United Kingdom Government will include representatives from each of these territories as well. This meeting should decide on the appointment of an independent Commission with terms of reference to work out the Constitutional details of such a federation of territories. It is suggested that this Commission should, if possible, be made up of those members of the Commission who drafted the Constitution of the Federation of Malaya, with the exception of the Chairman, Lord Reid, who it is understood is indisposed. In his place it is proposed that Lord Ogmore who is conversant with affairs in this part of the world should be invited to serve as Chairman.

10. It is a matter for emphasis that such a federation, comprising a grand total of nearly ten million people, in an area of 130,000 square miles, as against a Federation of 50,000 square miles, will have the effect of creating a greater importance in the hearts and minds of the people of these territories and a national pride which would go a long way in building up a feeling of loyalty to the country. The federation of a Greater Malaysia or a Greater Malaya, whichever name may be decided upon, will be powerful and viable and will be able to give greater contribution in the support of the Commonwealth association.

11. It has been suggested in some quarters that the merger of these territories is a matter for a long term objective and should be considered as such. The Federation Government however does not share this view. It is felt that the time is opportune to give immediate consideration to a plan for an early integration of these territories with the Federation of Malaya. A delay will only result in many undesirable consequences. For example, the Federation is one of the participating Governments to the present Currency Agreement. The other four participating Governments are those whose territories are the subject of this proposal. It will be appreciated that this participation in an Agreement which requires unanimity on all major issues derogates materially from the Federation’s sovereignty as an independent nation in currency and financial matters. It is therefore natural that continued participation in such an Agreement under such conditions would be unsatisfactory from a long term point of view. The Federation Government is already being subjected to constant criticism by political opponents and the matter has become a live issue in recent election campaigns. In fact the Federation Government is actively considering withdrawing from this Agreement in accordance with the agreed procedure specified therein. At the same time it is felt that it would be a pity to break up an Agreement which has served all concerned so well in the past, but this Government would have no alternative, unless there is a reasonable prospect that all the territories covered by this Agreement will, in the near future, form an integral part of the Federation.

12. It is hoped that the British Government would give favourable consideration to this proposal for a Greater Malaysia. While relationship between the Federation of Malaya and the United Kingdom has been most cordial and the ties of friendship and common interest are inseparable, such a federation of territories as proposed will do much to arrest the spread of Communism in this region of Asia, and this is particularly urgent in view of the recent intensive Communist activities in South East Asia as a result of their success in Laos.

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.