KOTA KINABALU – Sabahans’ right to self-determination takes precedence over any agreement, including the 1878 treaty governing the annual cession payment to the Sulu sultanate.
In asserting this, former law minister Tan Sri Wan Junaidi Tuanku Jaafar emphasised on the final decision of the Cobbold Commission, which showcased the support from Sabah and Sarawak, in favour of joining the federated Malay states to form Malaysia.
He said the Cobbold Commission’s mission was carried out in the precursor to signing of the Malaysia Agreement 1963 (MA63), which had garnered over two-thirds support from the people of Sabah and Sarawak, proving itself as a strong indicator of Sabahans wanting to be part of Malaysia.
“A precursor to this agreement was the Cobbold Commission, which was formed to hear the views and recommendations of the people of North Borneo and Sarawak prior to deciding if the two territories wish to join the federated Malay states to form Malaysia.
“Rigorous, iterative yet thorough engagements were conducted amongst the community leaders of both North Borneo and Sarawak,” he said.
“A total of 4,000 people representing 690 communities from both North Borneo and Sarawak were engaged.
“The commission also received 2200 memorandums from the people of North Borneo (now Sabah) and Sarawak.”
“The final decision made by the Cobbold Commission states that more than two-thirds of the people have agreed to join the federated Malay states to form Malaysia.
“This to me is an act of self-determination by the people choosing the nation they wish to belong to.”
Wan Junaidi said this in his keynote address at the International Arbitration Colloquium 2023 themed State Sovereignty and Immunity in Commercial Arbitration at the Sabah International Convention Centre here today.
‘Treaty’s main signatories long gone’
He said the signing of MA63 between the United Kingdom of Great Britain and Northern Ireland, the Federated Malay States, North Borneo, Sarawak and Singapore was the subsequent outcome of the Cobbold Commission mission.
Further to this, the agreement was also registered in the United Nations in 1970 and recognition was sought by Malaysia, while the federal constitution was amended accordingly.
“These actions are very clear to me…that no agreement (was) signed way back in 1878, all the parties referred to in the so-called agreement (were) all long gone…how could it supersede the right to self-determination by the people of Sabah?
“With this, I must say that there was never a valid agreement, and that the so-called ‘agreement’ was nullified when the people opted through self-determination to form a single nation, (namely) Malaysia,” he said.
Speaking to reporters later, the Dewan Rakyat speaker said the 1878 treaty is merely a historical document, as the signatories no longer exist.
Wan Junaidi added that the treaty’s purpose was to allow colonial powers to continue their business in North Borneo without any disruption from the Sulu sultanate.
However, he noted that the 2013 bloody incursion in Lahad Datu proved that the agreement had been breached.
He said this was the reason the Malaysian government had ceased paying annual concessions to the so-called Sulu heirs.
“If we look at the treaty, the main signatories are all deceased, and in the agreement (it was) stated (that) should any issue arise, it should be referred to the High Commissioner in Brunei Darussalam.” – The Vibes, July 4, 2023
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