CHAPTER XI OF THE UNITED NATIONS (ARTICLES 74)

"...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.” 

(U Thant, Secretary-General of the United Nations from 1961 to 1971)

EQUAL PARTNERSHIP IN THE FEDERATION OF MALAYSIA

Aside from reading and understanding the Principles I-XII of the United Nations 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. Here we seek to understand Article 74 in Chapter XI of the Charter of the United Nations.

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.

Article 74 of the Chapter XI of the United Nations in regards to the formation of the Federation of Malaysia on 16th September 1963, state that the Members of the United Nations which is the Federation of Malaya and the British at that particular time, agree that the territories of Sabah and Sarawak which applies with the Chapter is no less than in respect of their metropolitan areas. 

Down the historical line, the metropolitan areas of Sabah and Sarawak is the British government which on 16th September 1963, transferred their Trusteeship of the Trust Territories of Sabah and Sarawak to the new metropolitan areas of the Federation of Malaya through the formation of the Federation of Malaysia. The agreement was signed on 9th July 1963 in London and later commemorated on 16th September 1963. 

The integration of the non-self-governing territories of Sabah and Sarawak with the independent state of the Federation of Malaya through the formation of the new Federation of Malaysia is on the equal basis and equal partnership, as the territories of Sabah and Sarawak is no less than in respect of their metropolitan areas, the Federation of Malaya. 

Sabah and Sarawak is no less than the whole Federation of Malaya!

So, why did the Federation of Malaya now masquerading as the Federation of Malaysia treated Sabah and Sarawak as less and in par with a mere states of Malaya such as Perlis, Perak, Pahang, Malacca etc.? 

Any attempts to put Sabah and Sarawak any less than the metropolitan areas, the Federation of Malaya is a breached of the international standards and principles. For example, amendments of the Article 1 of the federal constitution in 1976 which putting Sabah and Sarawak to be less than the whole Federation of Malaya is illegal internationally.

The relationship between the Federation of Malaya with Sabah and Sarawak must be based on the general principle of good-neighbourliness. Again, as a neighbour, we are equal partner. There are no neighbour which is not equal. 

As a good neighbour, any interest and well-being of the people in social, economic and commercial matters must be done in a two-way basis between the Federation of Malaya with the Government of Sabah and Sarawak respectively. This is what a good neighbours do. 

Fast forward to 2015, is the formation of the Federation of Malaysia based on the general principle of good-neighbourliness?

Judge for yourself.

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

Author: Zulfaqar bin Sa'adi. Information Chief of State Reform Party (STAR).