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| Thant, known honorifically as U Thant was a Burmese diplomat and the third Secretary-General of the United Nations from 1961 to 1971; the first non-European to hold the position. |
UNITED NATIONS MALAYSIA MISSION REPORT
The Federation of Malaysia was formed on 16th September 1963, 2 days after the United Nations Malaysia mission report was published.
According to the Report, the Federation of Malaysia was formed within the context of General Assembly resolution 1541 (XV), Principle IX of the Annex, by a fresh approach. Below is the selected text from the Report which clearly mentioned about how the principle of self-determination for North Borneo (Sabah) and Sarawak was being conducted during that time based on UN Resolution 1541;
Annex 3
United Nations Malaysia Mission Report, “Final Conclusions of the Secretary-General,” 14 September 1963
UNITED NATIONS MALAYSIA MISSION REPORT
Final Conclusions of the Secretary-General
"...There was no reference to a referendum or plebiscite in the request which was addressed to me. I was asked to ascertain the wishes of the people “within the context of General Assembly resolution 1541 (XV), Principle IX of the Annex, by a fresh approach” which in my opinion was necessary “to ensure complete compliance with the principle of self-determination within the requirements embodied in Principle IX,” taking into consideration certain questions relating to the recent elections..."
"...As mentioned previously, I was asked to “ascertain, prior to the establishment of the Federation of Malaysia, the wishes of the people of Sabah (North Borneo) and Sarawak within the context of General Assembly resolution 1541 (XV), Principle IX of the Annex, by a fresh approach, which in the opinion of the Secretary-General is necessary to ensure complete compliance with the principle of self-determination within the requirements embodied in Principle IX.”
Concerning the integration of a non-self-governing territory with an already independent state, Principle IX provides:
“Integration should have come about in the following circumstances:
(a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its peoples would have the capacity to make a responsible choice through informed and democratic processes;
(b) The integration should be the result of the freely expressed -wishes of the territory’s peoples acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage. The United Nations could, when it deems it necessary, supervise these processes.”
FULL REPORT CLICK HERE
CHAPTER XI OF THE UNITED NATIONS (ARTICLES 73-74)
United Nations General Assembly Resolution 1541 is a principles which should guide Members in determining whether or not an obligation exists to transmit the information called for under Article 73 e of the Charter of the United Nations.
Aside from reading and understanding the Principles I-XII of the Resolution 1541, the preamble of the UN Resolution 1541 must be take into account where it state that "Considering the objectives set forth in Chapter XI of the Charter of the United Nations,". There are 2 Articles (73-74) which laid out the objectives which was being considered for the UN Resolution 1541. The Articles is being attached at the end of this pieces.
Article 73 mention about "...Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government...". Thus, in case of the formation of the Federation of Malaysia, the Members of the United Nations here is the Federation of Malaya which assume the responsibilities for the administration of the new federation (Malaysia) which also engulfing the territories of Sabah and Sarawak which is yet to attained a full measure of self-government.
Such responsibilities for the administration is actually a sacred trust hold by the Federation of Malaya through the formation of the new federation (Malaysia) in 1963. One of the responsibilities of the Federation of Malaya through the formation of the Federation of Malaysia is to develop self-government and to assist Sabah and Sarawak in the progressive development of their free political institutions.
What interesting here is the free political institutions and the advancement of the self-government of Sabah and Sarawak must be pursue and develop through the formation of the Federation of Malaysia. This is one of the purpose of the formation of Malaysia! Did you know?
To develop a free political institutions in Sabah and Sarawak, the Federation of Malaya must respect the political advancement of the Sabahans and Sarawakians and ensure our just treatment, and our protection against abuses.
The million dollar hidden question today is, how are Sabahans and Sarawakians can develop a free political institutions if our political institutions is not free from the shackles of Malaya?
As can be seen today, instead of respecting the free political advancement of the Borneo states, the Federation of Malaya without due respect even contested and grabbed the political seats and powers in Sabah and Sarawak. This is happening with the existance of the Malaya-based political parties in Borneo such as UMNO Baru, MCA, DAP, PKR, PAS, Amanah etc. Is this how the Federation of Malaya held their sacred trust towards Sabah and Sarawak by jeopardizing the free political institutions of the Borneo states?
Is this how the Federation of Malaya as a Trustee, develop and help the advancement of the free political institutions of the Borneo states as state in the UN Charter?
In conclusion, the Federation of Malaya which masquerading as the Federation of Malaysia today should respect the rights of the Borneo states to has a FREE POLITICAL INSTITUTION.
Free from abuse, free from outside interference, free from any shackles to let us pursue and develop our own political advancement.
Sabahans and Sarawakians particularly need to wake up with their mistake and absolutely illegal mistake as this is a treason to Sabah and Sarawak sovereignty if the people keep giving up our political institution and sovereignty to other countries (Malaya). So, stop voting for Malaya-based parties. Stop putting Malaya-based parties in Borneo. We must has a free political institutions!
Below is the Articles 73-74;
Article 73
Members of the United Nations which have or assume responsibilities for the administration of territories whose peoples have not yet attained a full measure of self-government recognize the principle that the interests of the inhabitants of these territories are paramount, and accept as a sacred trust the obligation to promote to the utmost, within the system of international peace and security established by the present Charter, the well-being of the inhabitants of these territories, and, to this end:
a. to ensure, with due respect for the culture of the peoples concerned, their political, economic, social, and educational advancement, their just treatment, and their protection against abuses;
b. to develop self-government, to take due account of the political aspirations of the peoples, and to assist them in the progressive development of their free political institutions, according to the particular circumstances of each territory and its peoples and their varying stages of advancement;
c. to further international peace and security;
d. to promote constructive measures of development, to encourage research, and to co-operate with one another and, when and where appropriate, with specialized international bodies with a view to the practical achievement of the social, economic, and scientific purposes set forth in this Article; and
e. to transmit regularly to the Secretary-General for information purposes, subject to such limitation as security and constitutional considerations may require, statistical and other information of a technical nature relating to economic, social, and educational conditions in the territories for which they are respectively responsible other than those territories to which Chapters XII and XIII apply.
Article 74
Members of the United Nations also agree that their policy in respect of the territories to which this Chapter applies, no less than in respect of their metropolitan areas, must be based on the general principle of good-neighbourliness, due account being taken of the interests and well-being of the rest of the world, in social, economic, and commercial matters.
Good one!
ReplyDeleteThis is an additional argument to the arguments on MAS63 invalidity based on failure to comply with established international laws.
Resolution 1541 was not complied with properly in its application to SS>
A reading the resolution itself highlight that there was a failure by UK or even UN to comply with the requirements.
(a) The integrating territory should have attained an advanced stage of self-government with free political institutions, so that its peoples would have the capacity to make a responsible choice through informed and democratic processes;
(b) The integration should be the result of the freely expressed -wishes of the territory’s peoples acting with full knowledge of the change in their status, their wishes having been expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage. The United Nations could, when it deems it necessary, supervise these processes.”
(a) How can SS people in any sense "attained an advanced stage of government" when Sarawak had 56 days of "self-government" and Sabah only 14 days.
(b) Furthermore the people's mandate was not obtained in a convincing manner as in a proper referendum.
The Manila Accord was made despite UK & Malaya already assuming "Malaysia" was 100% "formed". The Accord however stands as an admission that the SS people's consent had not properly been obtained before the making of MA63.
The application of UN R1541 raises the issue that it is not for the ruling colonial power to tell what UN should do but UN should have implemented a proper process to obtain a poll of the people's choice on "Malaysia".
For example UK had actually allowed people of the British Cameroons colony to hold a referendum on a similar issue of whether the people would like to merge their territory with Nigeria or the Cameroons.
Even if a referendum had been held, the people would not have been making a fully informed choice as many facts were kept from them.