"THE TRUSTEESHIP OBLIGATION" - THE NINE CARDINAL PRINCIPLES OF THE ENGLISH RAJAH

THE DOCUMENTS

The most important document for the commission, protections and safeguards, and finally the rights of Sarawak which has been laid out in the Cobbold Commission Report, Inter-Governmental Committee (IGC) and Malaysia Agreement 1963 was the Nine Cardinal Principles of the English Rajah. 

THE NARRATIVES

Below is a simple narrative to ensure a better understanding of the flow of the historical events that lead to the formation of the Federation of Malaysia;

1. The Nine Cardinal Principles of the English Rajah is the Preamble of the Sarawak Constitution 1941, the document setting forth the Sarawak Constitution 1941 opened by enunciating the Cardinal Principle were edict by Charles Vyner Brooke, the English Rajah of Sarawak on 24 September 1941 known as the Nine Cardinal Principles of the English Rajah. 
2. Cobbold Commission is a Commission under the chairmanship of Lord Cobbold visited North Borneo and Sarawak between February and April, 1962, and its Report was published as CMND 1794 on the 1st August, 1962.
3. The Report on the Inter-Governmental Committee was published on 27th February 1963.
4. Signing of the Malaysia Agreement 1963 on 9th July 1963.

THE NINE CARDINAL PRINCIPLE 

The Nine Cardinal Principle of the English Rajah was "An Order to provide for the future Government of Sarawak" which was later adopted into the Report of the Commission of Enquiry, North Borneo and Sarawak, 1962 in Appendix C. 

Even though the Nine Cardinal Principle of the English Rajah was enacted, gazetted and put into operation on 24th September 1941, more or less 21 years later, the principles engraved at that time was still being adopted by the British and even incorporated into the Report of the Commission of Enquiry, North Borneo and Sarawak, 1962 in Appendix C. This fact alone give a clear indication of the importance and the emphasize of the Nine Cardinal Principle of the English Rajah.

Click here for the Nine Cardinal Principle of the English Rajah.

ENGLISH RAJAH IS A "TRUSTEE" OF SARAWAK

A lot of people know that Sarawak was established as a new independent and sovereign country on 24th September 1841 through autocratic rule by the late Rajah James Brooke, Rajah Charles Brooke and Rajah Charles Vyner Brooke until cession of Sarawak on 1st July 1946 to become British colony. 

Throughout the rule of the English Rajah, it must be understood that the English Rajah termed themselves as the "Trustee" of Sarawak and the people of Sarawak. In the preamble of the Nine Cardinal Principles, it was clearly state by the late Rajah Charles Vyner Brooke that "We have become the TRUSTEE for the time being of the lives, welfare and future of persons of diverse races and creeds who are Our Subjects."

It was re-affirm again by Rajah Charles Vyner Brooke reply to the Colonial Secretary in 1944. By letter of 19th June 1944 the Colonial Secretary has made a proposal to the Rajah for reviewing the existing Treaty relationship and for increasing the control of His Majesty's Government (H.M.G.) in Sarawak's internal affairs. The Rajah in his reply said:-

"I and my family are Trustees for the State and people of Sarawak, who are well aware that is it not in the position of a 'Colonial Dependency,' so their consent to any step which would tend to approach such a relationship would naturally have to be obtained. It can scarcely be obtained at the present time when, owing to the unavoidable inability of the Protecting Power to preserve them from invasion, they are under alien rule."

THE "TRUSTEESHIP OBLIGATION"

The important of understanding the Nine Cardinal Principle of the English Rajah, would lead us to better clarify the "trusteeship obligation", "final responsibility" and "legacy" left behind by the English Rajah which was later entrusted to H.M.G. Government through cession of Sarawak on 1st July 1946. The "trusteeship obligation" here is the Nine Cardinal Principle of the English Rajah itself which would laid down the foundation of the British attitude towards the Borneo States especially the State of Sarawak. 

To prove that the transferred of the "trusteeship obligation" from the English Rajah to the H.M.G., we can look into the Official Statement of His Majesty’s Government in regards to Cession on 9th May 1946 by Rajah Vyner Brooke. 

This official statement was made in compliance with the independent inquiry in regards to cession of Sarawak through a request on 9th May 1946 from the native communities in Sarawak for a statement of His Majesty's Government's policy in the event of the cession of the territory. It was state that "The Constitution of 1941 would be continued..." and "that a step forward should be taken in the direction of the ultimate goal of the self-government of Our people." Thus, begins the "trusteeship obligation" of H.M.G. towards Sarawak and the people of Sarawak.

THE NINE CARDINAL PRINCIPLE AND THE RESPONSIBILITY OF THE SARAWAK STATE LEGISLATIVE ASSEMBLY

The Nine Cardinal Principle as laid out in the preamble was created "to ensure that Our BELOVED SUBJECTS shall ultimately enjoy their inherent right to control their own lives and destinies" and "that a step forward should be taken in the direction of the ultimate goal of the self-government of Our people."

The most important part of the preamble is "And We do urge that these same PRINCIPLES which have brought peace and containment to Our people may serve to guide the MEMBERS of the COUNCILS of STATE who will hereafter be responsible for the good Government of Sarawak." This particular preamble is so important as it is clearly state that our current assemblymen/women which act as "COUNCILS of STATE" in Sarawak State Legislature Assembly has a responsibility to pursue and implement the Nine Cardinal Principles as it is a principles to guide the government of Sarawak to achieve the "final responsibility" and "obligation" as per UN Resolution 1541 later on through the formation of the federation of Malaysia.

*New information will be continue to be added in this article at a regular basis as per requirement.

By,

Zulfaqar bin Sa'adi. Information Chief from State Reform Party (STAR).