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. 

Flexibility to nominate additional members for Technical Committee

Yesterday, on 26th June 2016, Minister in the Prime Minister’s Department, Nancy Shukri said the technical committee for addressing the compliance/non-compliance of the special interest of Sarawak and Sabah based on the recommendations of the Cobbold Commission, IGC Report and the Malaysia Agreement 1963 would comprise representatives nominated by the Sarawak and Sabah state governments together with the federal government’s representatives and historians from the two states.

It would be in our interest to give more flexibility in nominating the official/unofficial members for the technical committee to shoulders this important tasks to ensure that all aspect of Sarawak and Sabah special interest will be covered by each members of the technical committee. Flexibility to add more members or as many members as possible is one of the prerogative that was being employed by Sarawak in addressing the Inter-Governmental Committee way back in 1963. Therefore, it is advisable for the current Technical Committee, the composition of the official/unofficial members should be made as being as flexible as possible and be it varied from time to time as may seem desirable. A necessary flexibility also can be made by appointing an additional member as per required. All of such members will, of course, give all the advice and help which it is within their power to do, and will give the benefit of their experience in matters of the sort which will be discussed. By doing so, the weights of the tasks at hand can be share and the IMPLEMENTATION of the agreed terms can be accelerate on a fast-line track for the betterment of the people. 

In 1962, Council Negri of Sarawak (Dewan Undangan Negeri Sarawak) made a welcomes decision in principles for the establishment of the Federation of Malaysia SUBJECT to the special interests of Sarawak will be safeguarded.

All expert from our side must be invited especially who has a detailed understanding of the constitution arrangement for the formation of the Federation of Malaysia. The people of Sarawak must take a pro-active approach by giving their opinions, criticisms and monitoring the progress of such momentous moment for the betterment of Sarawak as a partner of the Federation of Malaysia. It must be re-emphasised here, the need for a spirit of goodwill and co-operation amongst members of the Technical Committee so that the interests of the people will be put paramount and safeguarded. 

It is the Technical Committee and its sub-committee that will have the task of safeguarding Sarawak's interest, and it is important, therefore, that the members of this Committee and of the sub-committees should be persons who can and will strive for the necessary IMPLEMENTATION of the safeguards and rights, but who will also be ready to approach the problems, not from the purely parochial interests of Sarawak, but from the broad long-term interest of the people of all the States concerned.

More frequent meetings of the legislative assembly must be made in order that it could hear reports of the progress made by Sarawak's representatives on the Technical Committee and sub-committees.

Here, we all must must get our expectation rights. The expectation from the technical committee is not to work out a mere constitutional arrangements as it has been done and agreed in 1963. Instead of figuring out the dispute and non-compliance of the agreed term, the committee must seek the IMPLEMENTATION of the agreed terms as being spelled out in the IGC Report, Malaysia Agreement 1963 and Malaysia Constitution. Do not give compromise for Sarawak rights as we already given for a ride for the odds 53 years!

By the way, it was not wrong to include the right to seccession in the current framework of the Federation of Malaysia as being proposed by several members of Council Negri in 1962 to ensure a full commitment for the IMPLEMENTATION and COMPLIANCE of the agreed terms.  

For Malaya, it will be vital for us all to remember that conflicting views and interests will have to be reconciled if a genuine partnership is to be form and continue. 

Sarawak - Revenue from LAND is due to the State

The State Government takes the position that Stamp duties for land which was taken away from us, mortgage or charge and other dealings in land, which are under the sole jurisdiction of the State by virtue of Item 2(2) in the State List, are part of the revenue from lands which is assigned to the State under Item 2 Part III of the Tenth Schedule. 

Revenue from land is due to the State. Any transaction relating to land be it transfer, mortgage, stamp duty thereof, the proceed must go to State and to that extent, the so called Federal Stamp Act is not applicable to us.

Such stamp duties, collected from land transactions registered under the Land Code, should be paid over to the State. 

The State Government will be making strong representations to the Federal Government to account for and paid over to the State, all stamp duties levied on dealings or transactions involving land. Constitutionally these revenues have been assigned to, and rightfully belonging to the State, should be paid into the State Consolidated Fund.

Adenan Satem

Chief Minister of Sarawak

15 Jun 2016

*“State List” means the Second List set out in the Ninth Schedule;

MALAYSIA 

Federal Constitution

PART III

SOURCES OF REVENUE ASSIGNED TO STATES

2. Revenue from lands, mines and forests.

On 24th June, 1954, when Sarawak was still a Colony, Queen Elizabeth II made the Sarawak (Alteration of Boundaries) Order in Council, the salient parts thereof reads, now this is very important:-

(a) The boundaries of the Colony of Sarawak are hereby extended to include the area of the continental shelf being the seabed and its subsoil which lies beneath the high seas contiguous to the continental waters of Sarawak. It means to include the territorial shelf Sarawak. That is what it means. It could be 200 miles, it could be 300 miles. There is a difference between the then boundary and the territorial boundary of shelf which ends and what is known as the continental slope where the

sea precipitately slope down instead of the plain continental shelf.

(b) Nothing in this order shall be deemed to affect the character as high seas of any waters above the said area as the continental shelf.

The Land Code of Sarawak which came into effect on 1st January, 1959 defines “state land” to include the seabed and subsoil which forms part of the continental shelf by virtue of the said Order made by the British Queen.

Red Letter Day - Delegation from the United Kingdom House of Commons

Parliamentary debates. Dewan Ra'ayat (House of Representatives)

2nd November 1963

Saturday

MOTION

ADDRESS OF THANKS TO HIS MAJESTY THE YANG DI-PERTUAN AGONG (OPENING OF NEW PARLIAMENT HOUSE)

Sir John Barlow, M.P. (Conservative) (Leader of the Delegation from the United Kingdom House of Commons):

The Federation of the States of Malaya, Singapore, Sarawak and Sabah in Malaysia is the result of statemanship of the highest order, and creates a new State in the Commonwealth.

From the foundations laid in the past a new State is now emerging, and we assure you that although you are 8,000 miles from Britain we shall never forget you. Responsibility remains with us to help you in your years of maturity, and we hope that the Chair which we bring today symbolises the authority of democratic government.

This system of government has served Great Britain for centuries in the past. May it serve you for centuries to come.

Mr T. Fraser, M.P. (Labour) (Member of the Delegation from the United Kingdom):

Mr Speaker, the United Kingdom consists of England, Scotland, Wales and Northern Ireland. The people of those four countries did not always work together so amicably. Sir John Barlow is proud to be an Englishman. Equally, I am proud to be a Scotsman (Laughter). We are both proud to be citizens and servants of the United Kingdom.

England and Scotland came together more than 250 years ago by voluntary agreement. Our coming together, under one Government and one Parliament, has proved to be of mutual benefit to both countries and, we hope, of benefit to other Commonwealth countries too.

I have found it interesting to recall this development because you are also bringing together diverse peoples in Malaysia. And interesting too, because after all those years, Mr Speaker in our House of Commons still takes care to ensure that the voices of all the countries making up the United Kingdom are heard in debate. 

No part of the whole community served by a Parliament should ever be given cause to feel that its point of view is unexpressed.

Pendirian Pembangkang Malaya terhadap penubuhan Malaysia (1963)

Parliamentary debates. Dewan Ra'ayat (House of Representatives)

2nd November 1963

Saturday

MOTION

ADDRESS OF THANKS TO HIS MAJESTY THE YANG DI-PERTUAN AGONG (OPENING OF NEW PARLIAMENT HOUSE)

Dr Burhanuddin bin Mohamed Noor (Besut):

"...Dalam Parlimen yang telah lalu, pehak2 Pembangkang ini telah mendzahirkan bagaimana perasaannya dan konsep pendirian pehak2 Pembangkang, dari pehak pembangkang ini terhadap penubohan Malaysia.

Tuan Yang di-Pertua, sekarang mulalah berjalan di-atas demokrasi berperlembagaan. Pehak parti pemerentah bersetuju pada Malaysia dan PEHAK2 PEMBANGKANG TELAH MEMBERIKAN BANGKANGAN YANG SIHAT, dan penoh merupakan ta'at setia kapada bangsa, negara dan ugama bagi kebaikan bangsa, dan bagi kebaikan negara dan ugama kita.

Itulah yang telah di-lahirkan dalam Parlimen Persekutuan Tanah Melayu dahulu yang sekarang dengan chara demokrasi berparlirnen, kita telah ada pula dalam Parlimen Malaysia ini.

Obituary: Sir Alexander Waddell

*Sir Alexander Waddell is the last British Governor of Sarawak

IN A career from cadet to governor, Alexander Waddell exemplified the finest characteristics of the Colonial Service.

Always respected, always liked, enjoying nothing better than the touring needed to learn about the people he served, he was straightforward, cool- headed, modest and kind, doing the job he loved to the best of his ability.

He was never in the grander colonies, but his experience of the problems of smaller ones was wide: Japanese occupation during the Second World War; the restoration of order and the rehabilitation of economics after it; guiding people unsure of their ability to compete in the world along the path to independence; a close encounter with Indonesian aggression; and, with the unhappy Banabans of the Gilbert Islands, wrestling with the aftermath of decisions taken long before.

Born in 1913, the younger son of the Church of Scotland Minister at Eassie, Nick Waddell (as he was known to family and friends) won a scholarship to Fettes and went on to read Classics at Edinburgh. Inspired by a Nyasaland missionary staying in the manse, he joined the Colonial Service in 1937 and was posted, not to Africa, but to the British Solomon Islands.

The Japanese invaded in February 1942, and in October that year Waddell (commissioned in the Royal Australian Naval Volunteer Reserve), was, with Captain Carden Seton, put ashore on the island of Choiseul (also in the Solomon Islands) by the US submarine Grampus as a "coastwatcher". This involved reporting shipping and aircraft movements, rescuing American airmen and harassing the Japanese garrison, which was over 4,000 strong. The coastwatchers and the rescued airmen formed the "Ancient Order of the Rubber Rafters of Choiseul", dedicated to inebriation on the anniversary of each man's rescue.

When Guadalcanal (the largest Solomon Island) was retaken in 1943, Choiseul was bypassed in the island-hopping strategy, so Waddell was there for 15 months. His total dependence on Solomon Islanders, not only for his safety but also for food, had a profound influence on his subsequent career. He knew that he was as dependent upon the peoples he served as they on him, hence his constant desire to repay the debt he owed.

Out of the Navy, he acted as Resident Commissioner in the Solomon Islands before joining the Malay Civil Service. He was posted to North Borneo in 1947, where he was responsible for the rehabilitation of the shattered economy and for development. He was identified as a highflyer, and in 1952 achieved his early ambition to go to Africa: first as Colonial Secretary in the Gambia (1952-56) and then as Colonial Secretary and Deputy Governor in Sierra Leone. Here he remained until 1960, during the last great decade of empire, presided over by two outstanding Secretaries of State, Oliver Lyttelton and Alan Lennox-Boyd, and culminating with Macmillan's "wind of change" speech.

It was a time devoted to preparation for self-government in which the West African colonies took the lead. Waddell played a key role in the reform of local government and constitutional development, as the pace accelerated with Ghanaian independence in 1957.

From Sierra Leone, in 1960 he went to be the last British Governor of Sarawak. Speaking in Malay at his installation, he quickly established himself by extensive touring of the interior and the warmth of the hospitality which he and his charming wife, Jean, offered at Astana, former palace of Rajah Brooke. Politically it was a difficult time. Plans for federation with Brunei and North Borneo were set aside in favour of incorporation into Malaya, arousing anger in Indonesia which led to years of border warfare.

By the early Sixties opportunities for talented governors were few but Waddell was appointed British Phosphate Commissioner, presiding, with commissioners from Australia and New Zealand, over the exploitation of phosphate-rich islands in the Pacific and Indian oceans.

One of these islands was Banaba (known as Ocean Island) in the Gilbert Islands. Waddell fought hard for recognition of the moral right of the displaced Banabans, who had been relocated in Fiji in the Thirties, to receive provision after phosphate had been exhausted.

The long-standing and unhappy dispute finally reached the High Court in London in the mid-Seventies where the case brought by the Banabans against the commissioners (Tito v Waddell), established a new record for civil proceedings of 106 days. Little was then solved, but Waddell's good relations and understanding helped to enshrine Banaban participation in independent Kiribati (as the Gilbert Islands became in 1979).

It was typical of Nick Waddell that this year he initiated and generously supported an appeal for a scholarship at the London School of Hygiene and Tropical Medicine in recognition of the debt owed by the colonial service to the peoples they served.

John Smith

Alexander Nicol Anton Waddell, colonial administrator: born Eassie, Angus 8 November 1913; Cadet, British Solomon Islands Protectorate, Colonial Administrative Service 1937, District Officer 1938, District Commissioner 1945, Acting Resident Commissioner 1945; DSC 1944; joined Malayan Civil Service 1946; Principal Assistant Secretary, North Borneo 1947-52; Colonial Secretary, Gambia 1952-56; CMG 1955, KCMG 1959; Colonial Secretary, Sierra Leone 1956-58, Deputy Governor 1958-60; Governor and Commander-in-Chief of Sarawak 1960-63; UK Commissioner, British Phosphate Commissioners 1965-77; married 1949 Jean Masters; died Cirencester, Gloucestershire 14 June 1999.

Harold Macmillan's "Wind of Change" Speech

Made to the South Africa Parliament on 3 February 1960: It is, as I have said, a special privilege for me to be here in 1960 when you are celebrating what I might call the golden wedding of the Union. At such a time it is natural and right that you should pause to take stock of your position, to look back at what you have achieved, to look forward to what lies ahead. In the fifty years of their nationhood the people of South Africa have built a strong economy founded upon a healthy agriculture and thriving and resilient industries. No one could fail to be impressed with the immense material progress which has been achieved. That all this has been accomplished in so short a time is a striking testimony to the skill, energy and initiative of your people. We in Britain are proud of the contribution we have made to this remarkable achievement. Much of it has been financed by British capital. … … As I've travelled around the Union I have found everywhere, as I expected, a deep preoccupation with what is happening in the rest of the African continent. I understand and sympathise with your interests in these events and your anxiety about them. Ever since the break up of the Roman empire one of the constant facts of political life in Europe has been the emergence of independent nations. They have come into existence over the centuries in different forms, different kinds of government, but all have been inspired by a deep, keen feeling of nationalism, which has grown as the nations have grown. In the twentieth century, and especially since the end of the war, the processes which gave birth to the nation states of Europe have been repeated all over the world. We have seen the awakening of national consciousness in peoples who have for centuries lived in dependence upon some other power. Fifteen years ago this movement spread through Asia. Many countries there, of different races and civilisations, pressed their claim to an independent national life. Today the same thing is happening in Africa, and the most striking of all the impressions I have formed since I left London a month ago is of the strength of this African national consciousness. In different places it takes different forms, but it is happening everywhere. The wind of change is blowing through this continent, and whether we like it or not, this growth of national consciousness is a political fact. We must all accept it as a fact, and our national policies must take account of it. Well you understand this better than anyone, you are sprung from Europe, the home of nationalism, here in Africa you have yourselves created a free nation. A new nation. Indeed in the history of our times yours will be recorded as the first of the African nationalists. This tide of national consciousness which is now rising in Africa, is a fact, for which both you and we, and the other nations of the western world are ultimately responsible. For its causes are to be found in the achievements of western civilisation, in the pushing forwards of the frontiers of knowledge, the applying of science to the service of human needs, in the expanding of food production, in the speeding and multiplying of the means of communication, and perhaps above all and more than anything else in the spread of education. As I have said, the growth of national consciousness in Africa is a political fact, and we must accept it as such. That means, I would judge, that we've got to come to terms with it. I sincerely believe that if we cannot do so we may imperil the precarious balance between the East and West on which the peace of the world depends. The world today is divided into three main groups. First there are what we call the Western Powers. You in South Africa and we in Britain belong to this group, together with our friends and allies in other parts of the Commonwealth. In the United States of America and in Europe we call it the Free World. Secondly there are the Communists – Russia and her satellites in Europe and China whose population will rise by the end of the next ten years to the staggering total of 800 million. Thirdly, there are those parts of the world whose people are at present uncommitted either to Communism or to our Western ideas. In this context we think first of Asia and then of Africa. As I see it the great issue in this second half of the twentieth century is whether the uncommitted peoples of Asia and Africa will swing to the East or to the West. Will they be drawn into the Communist camp? Or will the great experiments in self-government that are now being made in Asia and Africa, especially within the Commonwealth, prove so successful, and by their example so compelling, that the balance will come down in favour of freedom and order and justice? The struggle is joined, and it is a struggle for the minds of men. What is now on trial is much more than our military strength or our diplomatic and administrative skill. It is our way of life. The uncommitted nations want to see before they choose.