By DayakDaily Team
KUCHING, Aug 22: Parti Bumi Kenyalang (PBK) warned that any attempt to use military force against a State pursuing a peaceful, lawful constitutional process could push Malaysia into chaos and even civil conflict.
In a statement, PBK president Voon Lee Shan said constitutional disputes over autonomy, constitutional status or possible separation must be resolved through democratic and legal mechanisms, rather than military confrontation.
He stressed that the armed forces could not be treated as a personal instrument of the prime minister or any political party, pointing to Articles 39, 40, and 41 of the Federal Constitution, which govern federal executive authority and the constitutional position of the Yang di-Pertuan Agong as Supreme Commander of the Armed Forces.
“Where a State seeks to pursue a change in its constitutional status through peaceful, democratic, and lawful means, there can be no justification for treating that peaceful process as an act of military aggression.
“Political disagreement, constitutional negotiation, or a lawful claim for greater autonomy cannot, by itself, create a licence for the use of armed force,” he said.
He said the situation would be different in the event of an actual armed attack, violent insurrection or other unlawful use of force, where the government had constitutional and legal responsibilities to protect the federation and maintain public order.
“Such action must nevertheless remain necessary, proportionate, and authorised by law. The Armed Forces Act 1972 provides the statutory framework governing Malaysia’s armed forces and recognises circumstances involving active service and war,” he said.
He also said that the same principle applies under international law, citing Article 2(4) of the United Nations Charter, which requires states to refrain from the threat or use of force against the territorial integrity or political independence of states.
Voon also cited Article 33, which requires disputes that threaten international peace and security to be addressed first through negotiation, mediation, arbitration, judicial settlement, or other peaceful means.
“Our position is clear—peaceful and lawful constitutional action must be answered with law and democratic process, not military aggression.
“Force may be used only where there is a genuine legal basis, such as an actual unlawful armed threat or attack, and never merely to suppress a peaceful and lawful constitutional process,” he said.
Therefore, he said, PBK calls on the government to respect the Federal Constitution, the constitutional role of the Yang di-Pertuan Agong, parliamentary democracy, the rule of law, and Malaysia’s obligations under international law.
He also called on the government to respect the rights and dignity of the people of Sarawak and Sabah and not treat the two States as ‘stepchildren’.
Voon’s statement followed Prime Minister Datuk Seri Anwar Ibrahim’s interview with global news agency Al Jazeera, aired on Monday (Aug 17), where he voiced support for the principle and defended China’s right to use force if peaceful cross-strait reunification fails.
According to Channel News Asia (CNA), Anwar said he supported Beijing’s ‘One China’ principle that holds that there is only one China, which Taiwan is part of and that the People’s Republic of China is the sole government representing China, a position rejected by Taiwan’s current government.
When asked to comment on China’s position that it reserved the right to use force if peaceful reunification fails, Anwar cited Malaysia as an example.
“I will use Malaysia as an example. If one province decides to break away, do we use force? I think I will protect the sanctity and unity of the nation,” he said in the report.
When asked whether that meant he would use force in the event of a possible secession, Anwar was said to have replied: “Yes, otherwise (the country) will be fragmented.”
Meanwhile, Communications Minister Fahmi Fadzil, who is also the government’s spokesperson, said on Wednesday (Aug 19) that Anwar’s comments were ‘not discussed’ during its weekly Cabinet meeting.
On Thursday (Aug 20), Anwar stressed that Malaysia’s stance on the ‘One China’ principle had remained consistent since the administration of Tun Abdul Razak Dato’ Hussein, who was Malaysia’s second prime minister from 1970 until he died in 1976. — DayakDaily
