Malaysia Bill on 19th July 1963 - Sir Nigel Thomas Loveridge Fisher

Hereby several interesting texts and quotes from Sir Nigel Thomas Loveridge Fisher, The Under-Secretary of State for the Colonies of the British government during the Malaysia Bill debate in Westminster on 19th July 1963.

Palace of Westminster, London 

*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).

United Nations Resolution 1541 - International Trusteeship System (Greenland)

With the 1953 Danish constitution, Greenland's colonial status ended as the island was incorporated into the Danish realm as an amt (county), also extending Danish citizenship to Greenlanders. Through Change in Status, Greendland became the Trust Territory of Denmark (Trustee).

On 21 June 2009, Greenland gained self-rule with provisions for assuming responsibility for self-government of judicial affairs, policing, and natural resources. Also, Greenlanders were recognized as a separate people under international law.

Denmark maintains control of foreign affairs and defence matters. Denmark upholds the annual block grant of 3.2 billion Danish kroner, but as Greenland begins to collect revenues of its natural resources, the grant will gradually be diminished. It is considered by some to be a step toward eventual full independence from Denmark.

Decolonization process continue.

*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).

United Nations Resolution 1541 - International Trusteeship System (Australia)

Hereby is the successful story of the International Trusteeship System adopted through United Nations Resolution 1541 where Australia acted as a Trustee for the Trust Territories of Cocos (Keeling) Islands, Nauru, Papau and Territory of New Guinea.

Various end of colonization process, options and avenue has been used in this case such as Referendum of self-determination, Constitutional convention and an appealed to the United Nations. 

*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).

CM Adenan - The "Structure negotiation" approach.

As can be observed on what has been transpired during the negotiation between Sarawak government and Malaya/Malaysia federal government, CM Adenan are using "Structure negotiation" with Malaya which is right now masquerading as Malaysia federal government to regain Sarawak rights and to implement Sarawak rights as envisage in the IGC Report and Malaysia Agreement 1963. 

"Structure negotiation" was used during Inter-Governmental Committee and sub-Committee meetings and plenary sessions in 1962. The "Structure negotiation" applied then was successful which lead to the inking of the Malaysia Agreement 1963 and the formation of the Federation of Malaysia on 16th September 1963.

In 1962, the "Structure negotiation" was used consisted of various Meetings such such Plenary, Constitutional Sub-Committee, Fiscal Sub-Committee, Public Service Sub-Committee, Legal and Judicial Sub-Committee and Departmental Organisation Sub-Committee.   

Today, CM Adenan only using the same successful approach of "Structure negotiation" but the negotiation right now is more into the implementation of the already agreed term in the IGC Report and Malaysia Agreement 1963. The similarity of the approach used by Sarawak Government in comparison with the IGC in 1962 can be easily seen and understand by those who frequently reads and referred to the IGC Report and Malaysia Agreement in their political crusade. The successful of such approach in 1962 must be the reason enough for the Sarawak Government to adopt for the current negotiation with the Malaya/Malaysia federal government. If it's work just fine then, so why not using the same approach and principle again, right?

There are 3 phase of the  a series of talks with the Prime Minister and CM Adenan with regards to such rights under the Constitution, Malaysia Agreement, the Inter-Governmental Committee Report , the Cobbold Commission recommendations and the position of Sarawak in Malaysia. The first phase is on administrative powers, 2nd phase on our state rights under the constitution and 3rd phase on financial management. 

Here is the agreed 13-Point of the first phase of talk between both government so far;

Provision of administrative empowerment to the State Government of Sarawak;

1. State Legal Officers are to be authorized by the Public Prosecutor under the Criminal Procedure Code to conduct prosecution for offences under state ordinances from the stage a person is charged in the lower court until the appeal stage.

2. It is agreed for the delegation of power to state officers to represent the Public Service Commission and the Education Service Commission in the appointment of officers to the Federal Civil Service including the teaching and medical services.

3. Posts in the Sarawak Immigration Department will be enhanced to improve the enforcement functions in the State with an increase of 100 new posts, with full deployment by the end of February 2016.

4. The ratio of Sarawak-born teachers serving in Sarawak will be increased to 90% of the total number of teachers in Sarawak by 2018. To ensure that this target is achieved, temporary teachers from the open market will be considered from time to time and obtain their Diploma in Education while teaching.

5. Traffic warden powers for Sarawak Local Authorities will be given to the Miri City Council, apart from Kuching North City Hall and Kuching South City Council.

6. The State Government will be consulted before an application for a Deep Sea Fishing Permit is forwarded to the Deep Sea Permit Evaluation Committee for consideration.

7. The State Government will be consulted in the drafting of Federal legislation which has bearing or impact on the State Government of Sarawak, where provided by law.

8. The planning of federal development projects in the State of Sarawak will give priority to the 5-Year Sarawak State Development Plan based on the approved budget. Implementation of the projects will be referred / negotiated between the Ministry and the State Government such as determining the location of schools, hospitals and the implementation of other development projects.

9. The Ministry will take the necessary measures to increase the number of student enrollment from amongst the Sarawakians into medical degree programs in public universities. Sarawakians would be given a greater opportunity to enter foundation studies programmes in UNIMAS.

10. It is agreed that relevant areas that can be delegated will be identified for delegating the power of the Director General under Section 49 of the Environmental Quality Act 1974 to the State officers / departments.

11. Development of housing projects in Sarawak to be re-implemented through a Joint Committee Meeting, to ensure that State agencies are fully involved in the planning, implementation and monitoring aspects of these projects in the State of Sarawak.

12. It is agreed that the development of sports in the State of Sarawak is jointly managed with the State Government. The Ministry of Youth and Sports is also in the process of enhancing the Sports Development Act 1997 which is expected to be completed by the end of 2016.

13. It is agreed that the State Government will carry out all functions under the Department of Social Welfare. All posts will be transferred to the State Civil Service. The Federal Government will contribute 50% of the costs incurred as decided by the National Finance Council.

A lot of people don't know why we need to negotiate on our rights as they are ignorant of the international laws and procedure that need to be exhausted to reached a good settlement of a disputes.

The "Structure negotiation" between Sarawak Government and Malaya/Malaysia federal government is surfacing due to the breached of the agreed term in the formation of the Federation of Malaysia and to safeguards Sarawak rights and it is still happening as we speak. It is done based on 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 where;

"States shall accordingly seek early and just settlement of their international disputes by negotiation, inquiry, mediation, conciliation, arbitration, judicial settlement, resort to regional agencies or arrangements or other peaceful means of their choice. In seeking such a settlement the parties shall agree upon such peaceful means as may be appropriate to the circumstances and nature of the dispute."

So, basically, if it's work then, it's work now. 

We will see. We will judge.

*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).

Sarawak rights on Education

During the early stages of the formation of the Federation of Malaysia, one of the main stumbling blocks were the implications of extending the existing federal constitution of Malaya to North Borneo and Sarawak particularly with respect to religion, language and education. Education is one of the subject of much thought before agreement could be reached for the formation of the Federation of Malaysia. 

Referred to page 33 of declassified documents for full documents

Correspondents: 

Sir Robert Heatlie Scott

Sir Robert Heatlie Scott was a British civil servant who became Assistant Under-Secretary of State at the Foreign Office and then Minister at the British Embassy in Washington D. C. before returning to Singapore as Commissioner-General in 1955. He then became the Permanent Secretary of the Ministry of Defence in 1961.

Alan Tindal Lennox-Boyd

Alan Tindal Lennox-Boyd is a Secretary of State for the Colonies (1954-1959), where he oversaw early stages of decolonisation, with the granting of independence to several territories including Malaya. He talked openly about independence for the Federation of Malaya, and invited the then Chief Minister of Malaya, Tunku Sir Abdul Rahman Al-Haj and his friends to Lancaster House to discuss the possibility of Malaya's becoming a sovereign nation.

Education and the emphasize of English language is the main policy of the British Government towards the Borneo States way back even during the attempts for the closer association of the Borneo Territories in the 1950s. It was a well known facts that English is the language of the government in Sarawak during colonial era of British administration (1946-1963). 

From the declassified document on Malaysia (DO 35/10019, no. 21) dated 29 January 1959 entitled "[The future of the Borneo territories]: letter from Sir R Scott to Mr Lennox-Boyd", the British policy towards the Borneo Territories rests upon four pillars which should be strive to strengthen. The second pillar is a steady process of internal development in all fields - economic development, chiefly agricultural, social development with the main emphasis upon education and especially the teaching of English, political development through the creation and extension of local government institutions at a pace and on a scale matching the desires and capacities of the people.

Malaysia. Report of the Inter-Governmental Committee, 1962. 

Annex A. Legislative lists, Administrative arrangement and Assurances.

Legislative lists as in the Ninth Schedule to the Federation of Malaya constitution

List 1. Federal List.

13. Education, including - 

(a) Elementary, secondary and university education, etc,; (Federal) - Subject to the undertakings in paragraph 17 of the Report.

* "Etc." at the end of an item indicates that the remainder of the item is intended to follow the existing item in the Ninth Schedule.

Laws of Malaysia. Federal Constitution. 

NINTH SCHEDULE

[Articles 74, 77]

Legislative Lists

List I—Federal List

13. Education, including - 

(a) Elementary, secondary, and university education; vocational and technical education; training of teachers; registration and control of teachers, managers and schools; promotion of special studies and research; scientific and literary societies;

Malaysia. Report of the Inter-Governmental Committee, 1962. 

Chapter III. Proposed Constitutional Arrangements.

17. Education

Certain aspects of religious education have been dealt with under the heading "Religion". In addition:-

(a) although Education (item 13(a) of the Federal List in the Ninth Schedule) will be a federal subject, the present policy and system of administration of education in North Borneo and Sarawak (including their present Ordinances) should be undisturbed and remain under the control of the Government of the State until that Government otherwise agrees. In particular:-

(i) the present policy in the Borneo States regarding the use of English should continue;

(ii) knowledge of the Malay language should not be required as a qualification for any educational opportunity until such time as the State Government concerned considers that sufficient provision has been made to teach Malay in all schools in the State;

(v) the Directors of Education in the Borneo States, who would be officers serving in Federal posts and responsible to the Federal Minister of Education through the Ministry of Education should carry out much the same duties as they do at present in consultation with the State Government concerned;

(vi) to enable local wishes to be fully consulted and taken into account as far as possible, the Directors of Education of the Borneo States should continue to be advised by the respective existing Boards of Education and the local Education Committees; and 

The transferred of Administering Power

Declassified documents (Malaysia) page 47

47 CO 1030/980 no. 324A 

27 June 1961

[The 'Grand Design']: despatch from Lord Selkirk to Mr Macleod reporting recent developments and urging a decision on policy

Correspondents:

Lord Selkirk

Selkirk, George Nigel Douglas-Hamilton (Lord Selkirk), (4 January 1906 – 24 November 1994) was a Scottish nobleman and Conservative politician. He was UK High Commissioner for Singapore and Commissioner General for South-East Asia from 1959–63, and UK Council Representative to Southeast Asia Treaty Organization from 1960-63.1. Selkirk, George Nigel Douglas-Hamilton (Lord Selldrk), (4 January 1906 – 24 November 1994) was a Scottish nobleman and Conservative politician. He was UK High Commissioner for Singapore and Commissioner General for South-East Asia from 1959–63, and UK Council Representative to Southeast Asia Treaty Organization from 1960-63.

Iain Norman MacLeod

Iain Norman Macleod (11 November 1913 – 20 July 1970), United Kingdom; born 1913 was a British Conservative Party politician and government minister. He became the Secretary of State for the Colonies in 1959-61. Here he presided over considerable decolonisation, seeing Nigeria, British Somaliland, Tanganyika, Sierra Leone, Kuwait and British Cameroon become independent, and in Kenya ending the state of emergency and freeing Kenyatta. His work in promoting decolonisation, though it enjoyed Macmillan's personal support, was resisted by the Conservative Right.


In 1945, under Chapter XII of the Charter, the United Nations established the International Trusteeship System for the supervision of Trust Territories placed under it by individual agreements with the States administering them.

The British Government is the Administering Power/Authority of the Borneo States, Sarawak and Sabah in 1946-1963. From the declassified documents as been seen above, in 1961, the British was under the impression that the Federation of Malaya recognise that the Borneo territories are in a very early stage of political and educational development but are prepared to take over the United Kingdom responsibility for administering them.

Here, the British Government admitted that their "final responsibility" towards the Borneo States was still an unfinished business especially in term of political and educational development (among other responsibilities) of the States concerned. This unfinished "final responsibility" was transferred to the Federation of Malaya on 16th September 1963 through United Nation Resolution 1541.

This declassified documents expose that the British know that they will need to transferred the responsibility as an Administering Power to the Federation of Malaya through the formation of the Federation of Malaysia. This mean, the Borneo States of Sarawak and Sabah is actually a Trust Territories within the International Trusteeship System based on United Nations Resolution 1541 which has a new Administering Power when the British Government transferred the responsibility on 16th September 1963 to the Federation of Malaya.

Thus, it was a well understood situation way back in 1961 before the formation of the Federation of Malaysia that the Federation of Malaysia will be created upon the foundation of International Trusteeship System, a decolonization process, where The British Government transferred their responsibility as Administering Power to the Federation of Malaya where the Borneo States of Sarawak and Sabah remain a Trust Territories with the new Administering Power.

What lots of people failed to grasp here is that, the Federation of Malaysia is a timeless decolonization process of the Borneo States, Sarawak and Sabah based upon the United Nation Resolution 1541.

*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).

How Sarawak can get back the Power over External Affairs.

As we all know, the External Affairs is a matter of the Federal Government of the Federation of Malaysia. But, did you know that this Power over External Affairs can be reverted back to Sarawak?

This time, i will not explain it to you. You can do the math accordingly with the informations given below which i has arrange to help you to figure it out. Good luck.

Malaysia. Report of the Inter-Governmental Committee, 1962. 

Annex A. Legislative lists, Administrative arrangement and Assurances.

Legislative lists as in the Ninth Schedule to the Federation of Malaya constitution

List 1. Federal List.

1. External Affairs, etc.* (Federal) - This is subject to the undertaking on Immigration set out in paragraph 16 of the Report.

* "Etc." at the end of an item indicates that the remainder of the item is intended to follow the existing item in the Ninth Schedule.

Malaysia. Report of the Inter-Governmental Committee, 1962. 

Chapter III. Proposed Constitutional Arrangements

16. Immigration

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-paragraph (f) below, entry into the Borneo States will require the approval of the State concerned;

Laws of Malaysia. Federal Constitution. 

NINTH SCHEDULE

[Articles 74, 77]

Legislative Lists

List I—Federal List

1. 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.

Can you solve the puzzle? 

Good luck. 

Author: Zulfaqar Sa'adi in Surabaya, Indonesia

*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).