Malaysia Agreement

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Malaysia Agreement
Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore
Agreement Relating to Malaysia between UK, N. Borneo, Sarawak and Singapore.djvu
Agreement relating to Malaysia
Drafted15 November 1961
Signed9 July 1963
Location London, United Kingdom
Sealed31 July 1963
Effective16 September 1963
Signatories
Parties
  • Flag of the United Kingdom.svg United Kingdom
  • Flag of Malaya.svg Malaya
  • Flag of North Borneo (1948-1963).svg North Borneo
  • Flag of Sarawak (1946-1963).svg Sarawak
  • Flag of Singapore.svg Singapore
Depositary
Languages English, Malay
Full text
Wikisource-logo.svg Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore at Wikisource

The Malaysia Agreement (Malay : Perjanjian Malaysia) or the Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore (MA63) was the agreement which combined North Borneo, Sarawak, and Singapore with the existing states of the Federation of Malaya, [3] the resulting union being named Malaysia. [4] [5] Singapore was later expelled from Malaysia, becoming an independent state on 9 August 1965. [6]

Contents

Background

The Malayan Union was established by the British Malaya and comprised the Federated Malay States of Perak, Selangor, Negeri Sembilan, Pahang; the Unfederated Malay States of Kedah, Perlis, Kelantan, Terengganu, Johor; and the Straits Settlements of Penang and Malacca. It came into being in 1946, through a series of agreements between the United Kingdom and the Malayan Union. [7] The Malayan Union was superseded by the Federation of Malaya on 1 February 1948, and achieved independence within the Commonwealth of Nations on 31 August 1957. [5]

After the end of the Second World War, decolonisation became the societal goal of the peoples under colonial regimes aspiring to achieve self-determination. The Special Committee on Decolonisation (also known as the U.N. Special Committee of the 24 on Decolonisation, reflected in the United Nations General Assembly's proclamation on 14 December 1960 of the Declaration on the Granting of Independence to Colonial Countries and Peoples hereinafter, the Committee of 24, or simply, the Decolonisation Committee) was established in 1961 by the General Assembly of the United Nations with the purpose of monitoring implementation of the Declaration on the Granting of Independence to Colonial Countries and Peoples and to make recommendations on its application. [8] The committee is also a successor to the former Committee on Information from Non-Self-Governing Territories. Hoping to speed the progress of decolonisation, the General Assembly had adopted in 1960 the Resolution 1514, also known as the "Declaration on the Granting of Independence to Colonial Countries and Peoples" or simply "Declaration on Decolonisation". It stated that all people have a right to self-determination and proclaimed that colonialism should be brought to a speedy and unconditional end. [9]

Under the Malaysia Agreement signed between Great Britain and the Federation of Malaya, Britain would enact an act to relinquish sovereign control over Singapore, Sarawak and North Borneo (now Sabah). This was accomplished through the enactment of the Malaysia Act 1963, clause 1(1) of which states that on Malaysia Day, "Her Majesty's sovereignty and jurisdiction in respect of the new states shall be relinquished so as to vest in the manner agreed". [10]

Decolonisation, self-determination and referendum

The issue of self-determination with respect to the peoples of North Borneo, Sarawak, and Singapore formed the bedrock of yet another challenge to the formation of the Federation of Malaysia. Under the Joint Statement issued by the British and Malayan Federal Governments on 23 November 1961, clause 4 provided: Before coming to any final decision it is necessary to ascertain the views of the peoples. It has accordingly been decided to set up a Commission to carry out this task and to make recommendations ........

In the spirit of ensuring that decolonisation was carried in accordance with the wishes of the peoples of North Borneo, the British Government, working with the Federation of Malaya Government, appointed a Commission of Enquiry for North Borneo and Sarawak in January 1962 to determine if the people supported the proposal to create a Federation of Malaysia. The five-man team, which comprised two Malayans and three British representatives, was headed by Lord Cobbold. [11]

In Singapore, the People's Action Party (PAP) sought merger with Malaysia on the basis of the strong mandate it obtained during the general elections of 1959 when it won 43 of the 51 seats. However, this mandate became questionable when dissension within the Party led to a split. In July 1961, following a debate on a vote of confidence in the government, 13 PAP Assemblymen were expelled from the PAP for abstaining. They went on to form a new political party, the Barisan Sosialis, the PAP's majority in the Legislative Assembly was whittled down as they now only commanded 30 of the 51 seats. More defections occurred until the PAP had a majority of just one seat in the Assembly. Given this situation, it would have been impossible to rely on the mandate achieved in 1959 to move forth with merger. A new mandate was necessary, especially since the Barisan argued that the terms of merger offered were detrimental to the Singapore people (such as having reduced seats in the federal parliament compared to its population, only being able to vote in Singapore elections, [12] and the obligation that Singapore contribute 40% of its revenue to the federal government). In order to allay these concerns, a number of Singapore-specific provisions were included in the Agreement. [13]

While Brunei sent a delegation to the signing of the Malaysia Agreement, they did not sign as the Sultan of Brunei wished to be recognised as the senior ruler in the federation. [14]

On 11 September 1963, just four days before the new Federation of Malaysia was to come into being, the Government of the State of Kelantan sought a declaration that the Malaysia Agreement and Malaysia Act were null and void, or alternatively, that even if they were valid, they did not bind the State of Kelantan. The Kelantan Government argued that both the Malaysia Agreement and the Malaysia Act were not binding on Kelantan on the following grounds that the Malaysia Act in effect abolished the Federation of Malaya and this was contrary to the 1957 Federation of Malaya Agreement that the proposed changes required the consent of each of the constituent states of the Federation of Malaya – including Kelantan – and this had not been obtained. This suit was dismissed by James Thomson, then Chief Justice, who ruled that the constitution had not been violated during the discussion and creation of the Malaysia Act. [15] [16]

Recent developments

After the proposed 2019 amendment to the Constitution of Malaysia on the equal status of Sabah and Sarawak failed to pass, the Malaysian federal government agreed to review the agreement to remedy breaches of the treaty with a "Special Cabinet Committee To Review the Malaysia Agreement". [17] [18] The seven agreed issues were:

The first meeting about these issues was held on 17 December 2018. [18] Despite the willingness of the federal government to review the agreement, reports surfaced that negotiations between Sabah and the federal government had not been smooth, with the latter dictating some matters of the review, causing the perception that the review was a one-sided affair with the government appearing reluctant to relinquish control of affairs. [19]

In 2021 amendment to the Constitution of Malaysia, Article 160 (2) of the federal constitution was amended with the new definition of the term "federation" where the Malaysian federation is formed in accordance to the 1963 Malaysian agreement in addition to 1957 Malaya agreement. [20]

In March 2022, 11 people from Sarawak filed writ into the High Court of Sarawak to declare the Malaysia agreement null and void because the people of Sarawak did not unconditionally exercise self-determination nor referendum was held before the formation of Malaysia. Therefore, Sarawak would not bind to the Malaysia agreement. [21] In April 2022, Government of Sarawak tried to strike to out the suit on reasons that the High Court had no jurisdiction to enforce or nullify an international treaty like MA63. [22] In May 2023, The high court in Kuching dismissed the suit because the Federal Constitution of Malaysia is the supreme law of the country and for Sarawak to leave the federation, the Federal Constitution needs to be amended. [23]

Documents

The Malaysia Agreement lists annexes of

Annex A: Malaysia Bill
               First Schedule—Insertion of new Articles in Constitution
               Second Schedule—Section added to Eighth Schedule to Constitution
               Third Schedule—Citizenship (amendment of Second Schedule to Constitution)
               Fourth Schedule—Special Legislative Lists for Borneo States and Singapore
               Fifth Schedule—Additions for Borneo States to Tenth Schedule (Grants and assigned revenues) to Constitution
               Sixth Schedule—Minor and consequential amendments of Constitutions
Annex B: The Constitution of the State of Sabah
               The Schedule—Forms of Oaths and Affirmations
Annex C: The Constitution of the State of Sarawak
               The Schedule—Forms of Oaths and Affirmations
Annex D: The Constitution of the State of Singapore
               First Schedule—Forms of Oaths and Affirmations
               Second Schedule—Oath of Allegiance and Loyalty
               Third Schedule—Oath as Member of the Legislative Assembly
Annex F: Agreement of External Defence and Mutual Assistance
Annex G: North Borneo (Compensation and Retiring benefits) Order in Council, 1963
Annex H: Form of public officers agreements in respect of Sabah and Sarawak
Annex I: Form of public officers agreements in respect of Singapore
Annex J: Agreement between the Governments of the Federation of Malaya and Singapore on common and financial arrangements
               Annex to Annex J—Singapore customs ordinance
Annex K: Arrangements with respect to broadcasting and television in Singapore


See also

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References

  1. ↑ United Nations General Assembly Resolution 97 (1).
  2. ↑ Versions in English, French, and Malay.
    Registered Nr. I-10760.
  3. ↑ "Malaysia Act 1963".
  4. ↑ See: The UK Statute Law Database: the Acts of the Parliament of the United Kingdom Malaysia Act 1963
  5. 1 2 See: The UK Statute Law Database: the Acts of the Parliament of the United Kingdom Federation of Malaya Independence Act 1957 (c. 60)
  6. ↑ See: the Independence of Singapore Agreement 1965 and the Acts of the Parliament of the United Kingdom Singapore Act 1966.
  7. ↑ See: Cabinet Memorandum by the Secretary of State for the Colonies. 21 February 1956 Federation of Malaya Agreement
  8. ↑ See: the United Nations Special Committee on Decolonisation - Official Website
  9. ↑ See: History of U.N. Decolonisation Committee - Official U.N. Website
  10. ↑ See: Section 1(1), Malaysia Act 1963, Chapter 35 (UK).
  11. ↑ Cobbold was Governor of the Bank of England from 1949 to 1961. The other members were Wong Pow Nee, Chief Minister of Penang, Mohammed Ghazali Shafie, Permanent Secretary to the Ministry of Foreign Affairs, Anthony Abell, former Governor or Sarawak, and David Watherston, former Chief Secretary of the Federation of Malaya.
  12. ↑ Tan, Kevin Y.L. (1999). The Singapore Legal System. Vol. 2. Singapore University Press. p. 46. ISBN   9789971692124.
  13. ↑ HistorySG. "Signing of the Malaysia Agreement - Singapore History". eresources.nlb.gov.sg. National Library Board. Retrieved 9 March 2020.
  14. ↑ Mathews, Philip (February 2014). Chronicle of Malaysia: Fifty Years of Headline News, 1963–2013. Editions Didier Millet. p. 29. ISBN   978-967-10617-4-9.
  15. ↑ Admission of New States: The Government of the State of Kelantan v. The Government of the Federation of Malaya and Tunku Abdul Rahman Putra Al-Haj PD-icon.svg This article incorporates text from this source, which is in the public domain .
  16. ↑ Kathirasen, A. (9 September 2020). "When Kelantan (and PMIP) sued to stop formation of Malaysia". FMT. Retrieved 31 March 2021.
  17. ↑ "MA63: Seven issues resolved, 14 need further discussion, says PM's Office". Bernama. The Malay Mail. 19 August 2019. Retrieved 22 August 2019.
  18. 1 2 "Seven MA63 issues resolved". Bernama. Daily Express. 20 August 2019. Retrieved 22 August 2019.
  19. ↑ Julia Chan (2 September 2019). "In Sabah, doubts linger as Putrajaya's MA63 review accused of being one-sided affair". The Malay Mail. Retrieved 2 September 2019.
  20. ↑ Zahid, Syed Jamal (14 December 2021). "Dewan Rakyat finally passes key constitutional amendments to recognise MA63". The Malay Mail. Archived from the original on 15 April 2022. Retrieved 3 May 2023.
  21. ↑ "Group of 11 Sarawakians file writ to declare MA63 null, void". The Malay Mail. 15 March 2022. Archived from the original on 15 March 2022. Retrieved 7 May 2023.
  22. ↑ Ling, Sharon (15 March 2022). "High Court postpones decision on striking out suit to nullify MA63". The Malay Mail. Archived from the original on 5 May 2023. Retrieved 7 May 2023.
  23. ↑ Desiree, David (25 May 2023). "Kuching High Court strikes out suit to nullify MA63". The Borneo Post. Archived from the original on 26 May 2023. Retrieved 21 October 2023.

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