Warisan: MA63 talks must be with Malaya, not Malaysia
Tracy Patrick - December 17, 2017
KOTA KINABALU: The question of whether Malaya is masquerading as Malaysia has indeed opened the proverbial can of worms, particularly on the issue of reviewing the Malaysia Agreement 1963 (MA63), says Parti Warisan Sabah.
Warisan supreme council member Mazliwati Abdul Malek Chua said the question asked by political activist Zainnal Ajamain and reported by FMT, was a bombshell that could seriously hamper any attempt to discuss the MA63.
“When Sabah Chief Minister Musa Aman said the Sabah government is in the process of negotiating MA63, who are they negotiating with?
“By right, according to Article VIII of the MA63, Sabah should be negotiating with the Federation of Malaya.
“We do not see this government of Malaya anymore. In its place, we see the federal government but it does not and should not represent the government of Malaya,” she said.
Mazliwati, a lawyer, said any negotiation or review of the MA63 would require the presence of all representatives from the four signatories, that is Malaya, Sabah, Sarawak and the United Kingdom of Britain (Singapore left Malaysia in 1965).
She added that it was also not enough to only include Sabah, Sarawak and Malaya in the discussion as the MA63 was an international treaty and was filed with the United Nations (UN).
She said to have the current federal government sit as the representative of the Federation of Malaya was wrong because the current federal government comprised leaders from Sabah and Sarawak as well.
“The presence of Sabahans and Sarawakians in the federal government means this is not a Federation of Malaya.
“Yet, the government of the Federation of Malaya must exist and cannot be represented by mere appointees.
“We are talking about an international treaty here, which means government to government,” she said.
Mazliwati said Sabahans and Sarawakians were tired of the political games played by the BN government when it came to delivering what was due to them, and were eager to go back to the discussion table to address the breaches committed over the past five decades.
She pointed out that many leaders in Sabah, and especially in Sarawak, were more than ready to present their case but could not proceed further other than talking to the press and delivering sugar-coated statements about upcoming “negotiations” or discussions.
“The truth is, they also do not know who to talk to because the prime minister is not a representative of the Federation of Malaya. He is the representative of Malaysia. Why should we talk to him?
“Musa said he is in the process of negotiating the agreement, presumably with the current federal government, which means he either doesn’t know MA63 or he is duping the people.
“But the breaches, reportedly more than 50 now, must be addressed and rectified or we risk the collapse of the whole agreement and that will put the future of the federation in jeopardy,” she said.
She said the only solution she could think of was to reinstate the Federation of Malaya in order for discussions to proceed.
However, she pondered if the current federal government could actually afford to do it and how long it would take to do so.
“I don’t see any other way. But I hope it will not take another 50 years before we see any progress. Sabahans demand their rights now, as 54 years is long enough a wait.”
[ Activist: Federal Court ruling on IGC Report opens can of worms
[ Federal Court: Sabah, Sarawak cannot depend on 1962 report to enforce rights
[ More than 50 breaches of MA63 by federal government, says activist
Tracy Patrick - December 17, 2017
Mazliwati Abdul Malek Chua
Warisan supreme council member Mazliwati Abdul Malek Chua said the question asked by political activist Zainnal Ajamain and reported by FMT, was a bombshell that could seriously hamper any attempt to discuss the MA63.
“When Sabah Chief Minister Musa Aman said the Sabah government is in the process of negotiating MA63, who are they negotiating with?
“By right, according to Article VIII of the MA63, Sabah should be negotiating with the Federation of Malaya.
“We do not see this government of Malaya anymore. In its place, we see the federal government but it does not and should not represent the government of Malaya,” she said.
Mazliwati, a lawyer, said any negotiation or review of the MA63 would require the presence of all representatives from the four signatories, that is Malaya, Sabah, Sarawak and the United Kingdom of Britain (Singapore left Malaysia in 1965).
She added that it was also not enough to only include Sabah, Sarawak and Malaya in the discussion as the MA63 was an international treaty and was filed with the United Nations (UN).
She said to have the current federal government sit as the representative of the Federation of Malaya was wrong because the current federal government comprised leaders from Sabah and Sarawak as well.
“The presence of Sabahans and Sarawakians in the federal government means this is not a Federation of Malaya.
“Yet, the government of the Federation of Malaya must exist and cannot be represented by mere appointees.
“We are talking about an international treaty here, which means government to government,” she said.
Mazliwati said Sabahans and Sarawakians were tired of the political games played by the BN government when it came to delivering what was due to them, and were eager to go back to the discussion table to address the breaches committed over the past five decades.
She pointed out that many leaders in Sabah, and especially in Sarawak, were more than ready to present their case but could not proceed further other than talking to the press and delivering sugar-coated statements about upcoming “negotiations” or discussions.
“The truth is, they also do not know who to talk to because the prime minister is not a representative of the Federation of Malaya. He is the representative of Malaysia. Why should we talk to him?
“Musa said he is in the process of negotiating the agreement, presumably with the current federal government, which means he either doesn’t know MA63 or he is duping the people.
“But the breaches, reportedly more than 50 now, must be addressed and rectified or we risk the collapse of the whole agreement and that will put the future of the federation in jeopardy,” she said.
She said the only solution she could think of was to reinstate the Federation of Malaya in order for discussions to proceed.
However, she pondered if the current federal government could actually afford to do it and how long it would take to do so.
“I don’t see any other way. But I hope it will not take another 50 years before we see any progress. Sabahans demand their rights now, as 54 years is long enough a wait.”
[ Activist: Federal Court ruling on IGC Report opens can of worms
[ Federal Court: Sabah, Sarawak cannot depend on 1962 report to enforce rights
[ More than 50 breaches of MA63 by federal government, says activist
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