KUCHING, Aug 11: Parti Bumi Kenyalang (PBK) is seeking global advice including Judge Dr Te Whetu O Rongo who has the experience to pursue its case for Sarawak’s independence.
During PBK’s first Central Committee dinner here on Sunday (Aug 11), Rongo, who was asked by party president Voon Lee Shan to help PBK to pursue the state’s independence, said the first step was to bring the case to the Federal Court and declare that the Malaysia Agreement 1963 (MA63) is a fraud.
“In the Sarawak Land Ordinance 1958, it talks about customary law and customary land law because the state shall recognise customary law and ‘adat’ (custom). The question now arises, when Malaya decided to come into Sarawak they only followed the English law but they did not take into consideration about the ‘adat’, but ‘adat’ is part of the international law.
“This was how we succeeded in the US and in New Zealand and Australia (the natives’ fight for their rights) because we were able to prove that ‘adat’ was not followed.
“The way to move forward is to go to the Federal Court in Malaya to declare that MA63 is a fraud. The Native Courts are part of your legacy, and under 145 Sub Section 3 of your Federal Constitution, the Attorney-General cannot discontinue any proceedings in the Native Court and Syariah Court,” he explained.
Rongo said it was not about Sarawak leaving the Malaysia Federation, but for Malaya to leave Sarawak because MA63 was invalid in the first place.
He went on, questioning the legality of the handing over of Sarawak to Sir James Brooke back in 1841.
“So far from what I know, we have not gone to the International Court to ask for a declaration that we were never ever a colony that could be invaded. How can we prove that? I believe in 1841, the Sultan of Brunei granted Sarawak to Sir James Brooke.
“Do we have documentary evidence of a transfer of land title? We don’t know because ignorance is worse than cancer. If you find that document, Malaya coming in here will be nothing but a political move. Legally they have got nothing because they don’t have customary native title,” he explained.
Voon meanwhile gave assurance that he will lead PBK to pursue for Sarawak independence while working together with Rongo.
“We go according to the law how to gain independence. We are not going to take arms against Malaya. We are going to fulfill the United Nations (UN) decolonisation process under UN Solution 1514, 1541,” he said. — DayakDaily
