Sabah Sarawak Rights - Australia New Zealand (SSRANZ)

President’s Report 2017-2018

Sabah Sarawak Rights in Australia & New Zealand organisation was registered as an Australia NGO on 22 Aug 2017 with the objective to work for the welfare of Sabahans and Sarawakians in Australia and New Zealand and defend their basic human rights which are supposed to be safeguarded under the Malaysia Agreement 1963 and Federal constitution.

The organisation while acknowledging the importance of reaching out to Sabahans and Sarawakians who live in Australia the SSRANZ is also tasked to raise public awareness of their rights and through the media and to organise forums on topics such as the social-political developments affecting the home situation from time to time.

One of the first activities SSRANZ organized was a forum on 17 Sept 2017 on issues about the Malaysia Agreement 1963 (MA63). This was well attended by over 50 Sabahans and Sarawakians, noting that quite a number of them had come a long way from outside Melbourne for the event. One person even flew all the way from the top of Australia. We thank them for their support.

A bank cheque account was set up on 27 Sept 2017 so that any funds received could be paid into the account to run the NGO activities. Mosses Anap the Finance Officer has prepared a report on the financial situation. Emily Edward has prepared a report on her diplomat and public relations activities as the Goodwill Ambassador of SSRANZ.

During the year Emily Edward the Goodwill Ambassador person has done a wonderful job in connecting with a few thousand Sabahans and Sarawakians all over Australia and almost singlehandedly assisted many who needed basic help to adjust with living in Australia for the first time and helping to solve the issues they face.

On 2 June 2018, a Borneo Cultural night was organised by the Sabah Sarawak Borneo Native Organization which was well attended by over 100 people. Cultural dances were put on the show after a number of invited speakers gave speeches on Sabah and Sarawak. The Ngo also organised food and drinks and in general, everyone was happy with the evening’s events.

A number of articles were published in the SSRANZ facebook and SSRANZ Blog page. Owing to
commitments by members to other matters, publication lapsed a bit on the blog page but a number of articles were published in the Facebook.

A couple of articles by Robert Pei on MA63 legal issues reached between 5000 to 10,000 readers in short space-time. This is very encouraging considering that most people might find such topics a bit “dry”.

Moving into 2018, there were 2 main events which were constantly in the headlines, the General elections (GE14) on 11 May 2018 and the Petronas High Court Case in Kuala Lumpur in June.

The GE14 was a watershed in Malaysian history which saw 2 important political developments.

The first one was the end of the UMNO BN 60 years of dictatorial rule was ended and it was replaced by the new party Pakatan Harapan which promised hopeful changes.

However, hopes were soon dashed for Sabahans and Sarawakians who voted for the new government which promised to restore their MA63 rights which had been illegally taken away by the federal government over 55 years. The “PH” government immediately announced it would not be able to implement any of its promises to the Borneo people.
The second change was very important for Sarawak and Sabah because the change of federal government also ended 55 years of direct federal control of the 2 Borneo states. While the newly elected Sabah government decided to join the PH government and took a submissive role in fighting for Sabah rights, the Sarawak Government decided it would be free of direct federal control. For the first time, it began to act “independently” making its own decisions and pressed forward with the campaign to restore Sarawak rights which began over 3 years ago under Chief Minister Adenan Satem.

One of the Sarawak government’s agenda was to regain control of Sarawak oil and gas and which it did before the general elections by taking steps to declare that Sarawak was legally in control of the exploitation of these resources. This provoked Petronas the National Petroleum Company to seek a declaration in the Federal High Court that it was the sole owner of those assets. A hearing was set for 21 June 2018.

SSRANZ organised and held its first rally on 19 June 2018 to highlight the issue and support the Sarawak’s government to oppose Petronas’ illegal claim. The rally was held on outside the Victoria state library along Swanston St. Melbourne. Then on 20 June, another rally was held on the steps of the Victoria Parliament in Collins Street Melbourne. This attracted a bit of attention. A few speakers including Robert Pei and Emily Edwards talked about the issue affecting Sabah and Sarawak.

A general meeting was held on 31 August 2018 with the re-election of Robert Pei as President, Francis Chang as Vice President & New Zealand representative. Moses Anap was re-elected as the Treasurer/Finance Officer, Emily Edward re-elected as the Welfare Public relations officer and Cecilia Paul as activities Officer.

For its first year, SSRANZ had a reasonably successful year with various activities and in its publication work.

We look forward to a new year with greater success.

Equal Partnership in Malaysia was an illusionary concept since day one Malaysia came into existence. This is because there never been an equal distribution of Parliamentary seats. Most Parliamentary seats are allocated to Malaya. No matter how Sabah and Sarawak MPs vote, they cannot prevent any bill to be passed as a law to the detriment of Sabah and Sarawak to become law. On this reason, there is an increasing number of people in Sabah and Sarawak perceiving both Sabah and Sarawak are colonies of the Federation of Malaya. The Federation of Malaya retains its identity in the official record of the United Nations as the Federation of Malaysia. This means Malaya is Malaysia and Malaysia is Malaya.

Source: Facebook

WHAT WAS ITS RELEVANCE TO SARAWAK?

The Atlantic Charter was created by the UK and USA and was a pivotal policy statement issued during World War II on 14 August 1941 which defined the Allied goals for the post-war world.

"The Charter stated the ideal goals of the war: no territorial aggrandizement; no territorial changes made against the wishes of the people (self-determination); restoration of self-government to those deprived of it; reduction of trade restrictions; global cooperation to secure better economic and social conditions for all; freedom from fear and want; freedom of the seas; and abandonment of the use of force, as well as disarmament of aggressor nations.

Adherents of the Atlantic Charter signed the Declaration by United Nations on 1 January 1942, which became the basis for the modern United Nations.

The Atlantic Charter set goals for the postwar world and inspired many of the international agreements that followed the war. The General Agreement on Tariffs and Trade (GATT), the postwar independence of European colonies, and much more are derived from the Atlantic Charter.

The leaders of the United Kingdom and the United States drafted the work and all the Allies of World War II later confirmed it." Wikipedia 

https://en.wikipedia.org/wiki/Atlantic_Charter

The Charter was signed a month before the Brooke Sarawak Government promulgated the new Sarawak Constitution on 24 Sept 1941 and a year and 3 months from the Japanese invasion of Sarawak on 16 Dec 1941.

The Preamble of the Constitution had nine Cardinal Points on the eventual devolution of power to the people in an independent Sarawak.

When the UK proposed to annex Sarawak as a British colony after WW2, Sarawak nationalists led by Anthony Brooke opposed this plan. This anti-colonial resistance led to the assassination of the second British governor Duncan Stewart in Dec 1949 by a Sarawak nationalist Rosli Dhobi.

They raised the objection that Britain was acting in contravention of the principles of the Atlantic Charter 1941 which Britain had drafted and signed with the USA on 14 Aug 1941. The following principles had been violated:

"no territorial aggrandizement; no territorial changes made against the wishes of the people (self-determination);"

In 1942 the Brooke Government rejected the British proposal for the union with Malaya. But in 1946 Vyner Brooke the third Sarawak Rajah succumbed to British pressure to "cede" Sarawak as a British crown colony.

However, this annexation was made subject to 2 special conditions: 

(a) that Sarawak independence is restored and 

(b) that Sarawak was not to become part of the Malayan Union.

In 1963 the UK violated yet another Atlantic Charter principle being the principle of "restoration of self-government to those deprived of it..." when it purported to decolonize Sarawak with its Malaysia Plan by transferring Sarawak with Sabah to the Malayan Federation without granting independence first

By proposing to incorporate Sarawak into the Malayan federation the British breached both the undertaking given in 1946 simply by avoiding to restore its independence which would have allowed the people to freely decide on the Malaysia question. This again aroused the people's resistance which became a guerilla war of independence from 1962 to 1987.

Thus the formation of Malaysia was founded on a series of fraudulent promises the UK had made to Sarawak in bad faith.

Britain had made a grand Atlantic Charter but failed to uphold it by ignoring the principles it wrote down with the USA. Its violation of the Charter and then the UN Charter which adopted the Atlantic Charter principles was a major travesty of justice and caused sufferings to Sarawakians and Sabahans as well as many people in the world*.

* A recent case is the wrongful British decolonization of the Chagos Island.

Vote on Bougainville’s independence from Papua New Guinea delayed until October 2019

Secession referendum in Micronesia’s Chuuk indefinitely postponed

01.03.201911.00h

An independence referendum to be held in Bougainville 15 June was delayed until 17 October, as announced by John Momis, president of Bougainville, and Peter O’Neill, Prime Minister of Papua New Guinea. Referendum Commission chairman, former Irish PM Bertie Ahern, explained that the postponement is due to financial shortcomings, slowness in the registration of voters, and by legal and technical details that remain to be clarified.

Bougainville will have to decide whether it separates from Papua New Guinea to establish a new sovereign country or it accepts a proposal for enlarged autonomy.

The referendum is the culmination of peace agreements signed between Bougainville and PNG representatives in 2001. At the end of the 1980s an armed conflict erupted between a pro-independence militia (BRA) on one side, and Papua New Guinea troops and loyalist militias on the other. The confrontation emerged out of tensions caused by the operation of a mine in Bougainville and the arrival of Australian and PNG workers.

Analysts point out that “yes” to independence will win. But the final decision on it will be taken by the Parliament of Papua New Guinea.

Chuuk referendum left with no date

Meanwhile, Chuuk has again postponed the holding of a unilateral referendum on independence from the Federated States of Micronesia. The Chuukese government announced in 2015 for the first time that the vote would be held that year, but it later postponed it. In 2018, the Chuukese authorities announced the date of 5 March 2019 to hold the vote. But, again, it has been indefinitely delayed so that its “constitutional implications” can be analysed in further detail, according to the Chuukese authorities.

The Chuukese government claims that it has the right to unilaterally hold a referendum of independence. The Micronesian federal government says the move would be unconstitutional.

Reference Link: Nationalia Info

Source: Facebook

WARISAN LAWYER CALLS FOR 100% RETURN OF SABAH OIL & GAS RESOURCES BUT SABAH GOV'T TAKES PASSIVE ROLE ON MA63 RIGHTS FIGHT LETTING SARAWAK BEAR THE BRUNT

KOTA KINABALU: Senator Datuk Theodore Douglas Lind (pic) has urged that Sabah be given all its oil and gas revenue, instead of just 20pc, as announced by Prime Minister Tun Dr Mahathir recently.

Speaking during a recent debate on the 11th Malaysia Plan Half-Term Study, Lind hailed Dr Mahathir’s announcement but said it should be 100pc because Acts of Parliament that gave powers to the Federal Government such as the Continental Shelf Act 1966 and Petroleum Mining Act 1966 (revised 1972), which existed during the emergency times, had been automatically nullified when the Agong’s emergency declaration on May 15, 1969 was voided by the Dewan Rakyat on Nov 14, 2011 and Dewan Negara on Dec 20, 2011.

“The Petroleum Development Act 1074 and Territorial Sea Act 2012 are also invalid because they contravene provision 1(3) of the Federal Constitution.

“This is clear as waters, where oil and gas are found, are inside Sabah’s territory and therefore should be Sabah’s. This means Sabah has a right to take it back all the oil and gas wells in Sabah waters.

“Therefore, I hope the Special Cabinet Committee will discuss and resolve the issues of ownership and power over oil and gas in Sabah waters according to Article 1(3) of the Federal Constitution and Articles 49(1), (2) and (3) of the Sabah State Constitution.”

According to Lind, a lawyer, the Prime Minister also admitted that according to the Malaysia Agreement 1963 (MA63), Sabah is one of three territories and not one of 13 States.

Lind said with such a stand by the Federal Government, the status of Sabah as an equal partner will be returned and Article 1(2) of the Federal Constitution should be amended back to the original wordings where the Federation States are Johor, Kedah, Kelantan, Melaka, Negeri Sembilan, Pahang, Perak, Perlis, Selangor and Terengganu, while the Borneo States are Sabah and Sarawak.

“With such an amendment, the head of the Sabah Territory will be known as the “Tuan Yang Di-Pertua Negara” as before.

“I’m sure such a change in stance by the Federal Government will reduce the unease felt by Sabahans.”

On another note, he said Malaysia’s main institutions have begun running properly according to the rule of law, thanks to the Government formed by Pakatan Harapan (PH).

Lind said institutions such as the police, Malaysian Anti-Corruption Commission (MACC) and Attorney-General’s Chambers had started running effectively not long after PH took over the Government.

“This was proven when several BN leaders were brought by the MACC to court on corruption, breach of trust and government funds misappropriation charges, particularly those related to the 1MDB, Felda and Tabung Haji scandals,” he said.

“As the backbone of the Government, national institutions must be made more efficient and effective in their respective administration.

“I suggest that the MACC be reformed so that it becomes an independent body reporting to Parliament. This way, the nation will be administered with integrity.”

News reports in July, last year, said the MACC, Election Commission and National Audit Department were among nine government agencies made independent and reporting to Parliament.

Lind, who is Parti Warisan Sabah’s first Senator, said the PH Government had created policies, plans and actions that will change the nation’s political, social and economic landscapes.

“The former government borrowed money from China for various projects which eventually burdened the Government and future generations as these loans need to be repaid with interest.

“The Prime Minister has announced national debt of up to RM1 trillion that was passed down by the BN government to the PH administration.”

Source: Daily Express

[Reposted from Voice of Sarawak

"Sarawak is the main producer of natural gas and exporter of LNG in Malaysia, whereby according to the Statistics Department, the volume of LNG exported from Sarawak was 27 million metric tonnes with a total gross value of RM41.1 billion in 2017.

How many trillion money taken by Malaya since join Federation of Malaysia?

Estimate 100B Oil and 41B Gas total 141B per year was sucking by Malaya. It could be more than that which some may not in official record.

Dear all Sarawakian, when can we get back all this and also claim back all the illegal sucking?"]

Reference link: Facebook

Source: Borneo Post