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KUCHING, Aug 25: The federal government knows of the breaches in the Malaysia Agreement 1963 (MA63) as shown by its failed attempt to amend Article 1(2) of the Federal Constitution in April, 2019.
To Parti Bumi Kenyalang (PBK) president Voon Lee Shan, MA63 is void when there are fundamental breaches of the agreement that form the basis of the formation of Malaysia.
“MA63 is also void when there are fundamental breaches of terms and conditions in the Treaty. There are several breaches of term in MA63 which included reducing the Borneo States from their status as countries to states within Malaya.
“The federal government knew of the breaches in MA63. The recent attempt in the failed amendment to Article 1(2) of the Federal Constitution on 9 April 2019 was an attempt by the federal government to rectify the breaches of MA63,” said Voon in a statement today.
He said he had consulted lawyers of international standing who are experts in international law, who had opined that MA63 is a void treaty from its inception.
“It was opined by these legal experts that MA63 was a fraud perpetrated by the British to hand over Singapore and Sabah and Sarawak (hereinafter to be called “the Borneo States”) to the Federation of Malaya.”
“After taking Singapore and the Borneo States, Malaya notified the United Nations that Malaya changed its name to Malaysia. It was never the intention of Singapore and the Borneo States to be acquired to enlarge the territory of Malaya but, be treated as equal partners with equal status. This was a fundamental breach of MA63,” said Voon.
Quoting international law experts, he also opined that the 4,000 odd people interviewed by the Cobbold Commission in 1963 from a population of 800,000 could not constitute consent by the people of Sarawak to the formation of Malaysia.
“Another point taken by these international law experts is that MA63 is void from its inception because it failed to comply with international law which states that colonies being inequal in capacity with its parent country could not sign a legally binding treaty.
“It is clear that the recent advisory opinion delivered on Feb 25, 2019 by the United Nations International Court of Justice (ICJ) on the Chagos Archipelago case is like a nail that hit into the coffin when the ICJ opined that colonies had no legal capacity to make agreements or treaties with their parent countries.
“At the time MA63 was signed, Singapore and the Borneo States were colonies of Great Britain. It is opined that MA63 is also void because it failed to comply with international law.
“Under international law, colonies could not be party to an international treaty or agreement,” stressed Voon. — DayakDaily