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Constitutional debate highlghts superior Sarawak 1941 Constitution

FREEDOM FIGHTER · 31 weeks ago
Reposted from Hornbill Unleashed 3 comments on the Constitution Debate sparked off by Nurul's "freedom to choose religion" statement described as "watershed statement" by Steve Oh now under police investigation (for what-sedition?)

The 18/20 Points Agreements between Sarawak Sabah and Malaya have stipulations on religious freedom, language and re-writing the "Malaysian Constitution" which was never done - only amended to reflect annexation of Sabah and Sarawak as parts of Malaya! Please read 3 comment below.


Currently there is a national debate sparked off by PKR Nurul's comments on the issue of freedom and human rights under the Constitution.

There have been open debates on many other issues since the new millennium and the internet but this one has never happened in the history of Malaya or Malaysia.

This is happening in the context that a Malay has directly challenged a tabooed subject - the freedom of everyone including Malays choose their own religion. This also challenges the restrictions on our democratic freedoms and human rights placed on citizens by the Malayan/M'sian Constitution and host of repressive laws.

This debate while over due seems to be creating a risky situation for the opposition as it can cause an adverse reaction against them from Malays who have not decided to go against UMNO. UMNO will exploit this issue to the fullest extent.

On the other hand it questions and challenges UMNO's monopoly of using religion as an emotional issue to blackmail and control the Malays and non-Malays.

However, despite the risks this debate is  nevertheless of the greatest importance in Malayan/M'sian constitutional history because the public is actually engaged on this special issue as never before.

The Malayan Constitution was drafted by the British in 1957 and simply amended to incorporate Sabah and Sarawak 1964 (not 1963) despite a stipulation that a new constitution was to be drafted in the 18/20 Points Agreement.

The debate is timely to highlight our unique and superior Sarawak constitution where the Rajah of Sarawak promised in 1941 on the Centenary of Brooke Rule to resign and let the people rule.

Sarawak as an independent country from 1841 to 1941 has its own very unique and more democratic Constitution promulgated on the eve of Japanese invasion. That invasion unfortunately stalled the Sarawak nation evolving further on basis of this constitution. Sarawak with Sabah became a British colony in 1946 and then annexed into Malaysia as Malayan colonies in 1963.

Sorry Malayan friends, the use of the words "Malayan colony" is not intended to offend anyone but to describe the real colonial relationship with Malaya.
There are many Malayan progressives who believe by twigging the system such as "giving them" 20% oil royalty and other “concessions” would appease Sabahans and Sarawakians' demands for real independence and preserve the concept of Malaysia- despite its colonial nature. Forget about our terms and conditions in the 18/20 Points Agreement. 
If you did not know, the oil belonged to us in the first place. This is on Sabah and  Sarawak territory. It is a an extremely condescending attitude which we have to put up with for 49 years not to mention the grand theft of our oil to develop Malaya and enrich all the UMNO elites and cronies and puppets.

If you are interested in the history there are 2 pre-Malaysia Sarawak documents you need to familiar yourself with as these will constantly come up in discussions. They are the Sarawak 9 Cardinal Principles (in the preamble of our Sarawak Constitution) and the 18 Points Agreement with Malaya prior to forming Malaysia in 1963.



    There are 2 more parts to this comment in respond to an article in Loyar Burok where Malayans were called on to examine their precious Constitution.

    This Constitution is as mangled version of that drafted on behalf of UMNO in 1957 as it has been amended more than 600 times! That was during the days when UMNO had its 2/3 majority and could do anything it wished.

    The Malaysia Agreement provides that the Malaysian Constitution could not be amended where it affected the rights of the 2 countries Sabah and Sarawak. This is one the terms for Sabah and Sarawak ostensibly agreeing to form Malaysia.

    It is a great thing to promote- in the Malayan context.

    However, for Sabah and Sarawak it was predetermined before Malaysia was "formed", that the Malayan constitution would be adapted to be called the "Malaysian Constitution". This intention was recorded in secret colonial papers in the discussion between Malayan and Britain in July 1962.

    This intention underlined the Malayan imperialist agenda of colonising our 2 countries. The Tunku was jumping up and down swelling with pride that his government was to be handed to rich countries for nothing.

    We got vintage wine in a new bottle. It tasted like vinegar for 50 years.

    The taste got worse each passing year as Sabah and Sarawak were reduced to be the poorest vassal states of Malaya.

    If the rest of the 3 part comments do not appear on this site you can read them on this link:

  2. State Reform Party (Star) chairman Jeffrey Kitingan is once again in the news for the wrong reasons. He has stirred a hornet’s nest in Sabah by claiming that all politicians in Sabah, including his brother Joseph Pairin Kitingan, are frogs.

    He thinks that this will explain him being discredited time and again by Sabahans as the King of Frogs. Jeffrey has, by most counts, moved through as many as six political parties but all this is water under the bridge and for the most part irrelevant.

    His considered opinion is that other politicians continued their political frogging until they secured a comfort zone for themselves, albeit “at the expense of the people”.

    In his case, according to him, he continued frogging until he could find a political vehicle which could accept his “struggle for the people”.

    Of course, there’s the little matter of him not finding any political vehicle for his struggle until he set up Star. This begs the question of why he didn’t make such a move earlier.

  3. Jeffrey’s comments on other political frogs have been dismissed by them as completely untrue. They claim to be struggling for the people too – by “bringing development to them” – instead of focusing on whatever Jeffrey is preaching all the time.

    So far, it has all been needless indulgence in the politics of distraction and disruption from the real issues of the day. No doubt politicians in Sabah love the sound of their own voices.

    The Star chairman obviously feels that “man does not live by bread alone”.

    “What does it profit a man if he gains the whole world but suffers the loss of his own soul?” asks Star deputy chairman Daniel John Jambun rhetorically. “This is the thrust of our struggle.”

    Daniel may have a point about struggling for the soul of Sabah — i.e. to save it and obviously from the clutches of Peninsular Malaysia and their local proxies and their stooges — but that’s about as far as it goes.

  4. His boss seems to be squatting so far on the so-called struggle for the people.

    He has blown hot and cold on Daniel John and Co internationalizing the struggle for Borneo in Malaysia.

    Therein lies an emerging split in Star which will either see Jeffrey being ousted from his own party or many Supreme Council members leaving for the Parti Cinta Sabah (PCS) which has been approved in principle in recent weeks. The party is awaiting its registration certificate. PCS plans to join the Star-initiated, formed and led United Borneo Alliance (UBA).

    The proof of the pudding is in the eating.

    Jeffrey has confined himself thus far in his ceramah to explaining the history of Sabah before and in Malaysia. No one can fault him here since not many people, especially the younger generation, are conversant with the historical facts.

    But the movement for Sabah does not seem to be moving from rhetoric to action.

    To digress a little, the younger generation doesn’t seem to be too bothered by Sabah’s history in Malaysia.

    Instead, they have cut the Gordian knot and are asking why Sabah should be in Malaysia at all.

  5. Their logic is simple: Peninsular Malaysia is so far away, we can’t even breathe without their permission, and “why are we in Federation with them especially since we can be on our own?”

    Others ask: “How did we get into this situation and how do we get out?”

    Jeffrey has no answers and it would be foolhardy for anyone, judging from his politics since 1984, to look to him.

    True, he did lead a rowdy Star crowd to greet Prime Minister Mohd Najib Abdul Razak on his recent visit to Keningau where he (Najib) announced a quarter billion ringgit loan to Sabah for a water treatment plant.

    They had placards reading “Sabah’s independence” and castigating Putrajaya for behaving like an Ah Long (loan shark) with Sabah after seizing almost all its revenue for itself.

    This is the first time that Jeffrey has been associated with “Sabah’s independence”. No one is sure what it means. So, the excitement was lacking.

  6. It would have been different had Jeffrey stated in no uncertain terms that Malaysia has ceased to exist following the Federal Government’s non-compliance on the five constitutional documents and/or constitutional conventions on Malaysia i.e. the 1963 Malaysia Agreement (MA63), the Three-Point Oath Stone (Batu Sumpah) witnessed and solemnized by the Federal Government in Keningau, the 20/18 Points, the Inter Governmental Committee Report and the Cobbold Commission Report.

    Non-compliance ipso facto meant that Sabah’s self-determination of 31 Aug 1963 (Sarawak 22 July 1963) remains undiminished.

    Jeffrey lost a golden opportunity in Keningau to say what he meant and mean what he said.

    In any case, he appears to be no messiah for his flock.

  7. The thrust of his complaints thus far has been that the Federal Government has been in non-compliance on MA63. He wants Putrajaya to set up a compliance mechanism.

    This is unlikely to happen as MA63 has ceased to exist by virtue of non-compliance but Jeffrey refuses to accept this and continues to flog the proverbial dead horse on a compliance mechanism.

    Not surprising he has been accused by no less than former Sabah Chief Minister Harris Salleh of seriously misleading the people with his propaganda barrage on a compliance mechanism. Harris claims that MA63 – and the four other constitutional documents and/or constitutional conventions – “has been overtaken by events”. This is euphemism for non-compliance. However, Harris dreads and avoids the term non-compliance.

    Jeffrey’s politics also glosses over the fact that Sabahans are by no means united on being out of Malaysia or even in Malaysia.

  8. Putrajaya has done a very successful job since 1963 of pitting the people in the state against each other, introducing polarisation a la Peninsular Malaysia, and ensuring proxy control of the politics of the state.

    The political situation has been further compounded by the influx of illegal immigrants who have over the years allegedly found their way into the electoral rolls.

    These illegals see Putrajaya and Malaysia as the best guarantee of their continued existence in Sabah.

    Local Muslims see the illegals as being in the state particularly at their expense, further marginalizing and disenfranchising them as the opportunities that should go to them dwindle even further.

    Jeffrey is yet to bridge the non-Muslim-local Muslim disconnect created by Putrajaya over nearly five decades. So far, only some of the Dusuns including Muslims and Muruts are with him. The same goes for the Suluks, Brunei Muslims and Chinese. He has hardly any support among the Bajau and Irranun.

    The Chinese appear caught between the Orang Asal (Natives) – the Murut and the Dusuns including the Kadazan or urban Dusun – the local Muslims and the illegals.

  9. Jeffrey will be no game-changer unless he can get his act together and help forge total unity among Sabahans i.e. Orang Asal and the others alike to take on the illegals allegedly on the electoral rolls.

    Charity begins at home.

    Getting his act together would first mean setting his own house in order.

    There are growing complaints that Star is a one-man show with little evidence of democracy in action, unrepresentative, and no empowerment of the leadership and members.

    Jeffrey’s aides seem to be more powerful than even the party’s three deputy chairmen. The aides have since prevailed on their boss to issue a gag order on anyone other than Jeffrey issuing press statements. These statements are invariably written by the aides.

    The party has also yet to reveal its vision, mission, objectives, goals and activities although there’s a draft prepared by several Supreme Council members. The draft has reportedly been dismissed by Jeffrey’s aides as “spin and bullshit”.

  10. The oft-cited party Manifesto, again provided by several Supreme Council members in draft form, has been allowed to gather dust on the shelf by Jeffrey’s aides on the grounds that it was not written by their boss, “it was just spin and bullshit”, and that “Star (meaning Jeffrey’s aides) has its own way of doing things”.

    It appears to be clear to many that if the two respective drafts can be “rejected”, then Jeffrey is clearly no game-changer and can be discounted from the emerging political equation in Sabah and Malaysia.

  11. Saya fikir perkara ini perlu jelas dalam minda semua Ahli Dewan Rakyat dan juga khalayak.

  12. Oleh itu suara politik di luar Parlimen tidak perlu diangkat ke dalam Parlimen yang mulia itu hanya semata-mata tujuan parti politik masing-masing.

  13. Bagi khalayak pula, kita perlu melihat tanggungjawab Ahli Dewan ini secara keseluruhan.

  14. Ahli Dewan adalah wakil rakyat Malaysia keseluruhannya, bukan hanya wakil rakyat kepada kawasan mereka.

  15. Oleh itu, tanggungjawab yang perlu dilaksanakan bukan perkara remeh atau perkara mudah.

  16. Kita perlu faham bahawa selepas melalui proses pilihan raya, mereka yang dipilih itu diangkat menjadi Parlimen yang kita kenali sebagai lambang kepada sistem Demokrasi Berparlimen yang kita terima dalam Perlembagaan Persekutuan, maka sudah tentu tanggungjawab Ahli Dewan juga perlu memberi impak kepada demokrasi.

  17. Perlu kita mengambil perhatian bahawa, Ahli Dewan bukan semata-mata wakil rakyat.

  18. Pasukan polis diminta supaya menggunakan pendekatan lebih canggih dalam usahanya mengubah persepsi negatif masyarakat terhadap pasukan itu.

  19. Dalam majlis tersebut, seramai 100 Orang Kurang Upaya (OKU) menerima bantuan yang disampaikan Timbalan Ketua Pengarah Kastam Malaysia Datuk Haji Matrang Haji Suhaili.

  20. Program yang akan diadakan di Kundasang selama10 hari itu disertai seramai 37 pelajar dari beberapa negara ASEAN seperti Indonesia, Singapura, Thailand dan Filipina.

  21. Timbalan Menteri Dalam Negeri Datuk Dr Wan Junaidi Tuanku Jaafar berkata, menggunakan Prosedur Operasi Standard (SOP) semata-mata belum memadai.

  22. Sebaliknya perlu menggunakan semua pendekatan termasuk melalui publisiti media alternatif dan media arus perdana untuk memaklumkan masyarakat mengenai peranan serta kejayaan pasukan itu.

  23. Ketua Menteri, Datuk Seri Panglima Musa Haji Aman berkata, pada masa sama kejayaan dan kecemerlangan pelajar memerlukan penglibatan dan kerjasama ibubapa, guru dan masyarakat secara menyeluruh.

  24. Program tiga hari yang akan berakhir esok tersebut bertujuan mendekatkan warga Kastam dengan masyarakat.

  25. Generasi muda perlu diberi pendedahan awal kepada corak kepimpinan negara agar mampu memimpin negara pada masa hadapan.

  26. Sementara itu, Setiausaha Bahagian Dasar dan Antarabangsa Kementerian Pendidikan Ahmad Nazri Sulaiman berkata, program UNESCO itu membantu para pelajar agar dapat menilai dan memahami sosio budaya serta ekonomi dari negara-negara Asean.

  27. Kerjasama semua pihak penting bagi memastikan para pelajar tidak terjerumus dengan kegiatan tidak berfaedah yang boleh menjejaskan potensi dan kualiti diri mereka.

  28. Naib Canselor Universiti Malaysia Sabah (UMS) Profesor Datuk Dr Mohd Harun Abdullah berkata, golongan muda memainkan peranan penting dalam membentuk dan mengekalkan indentiti negara.

  29. Beliau berkata demikian dalam Majlis Perasmian UNESCO Natural Heritage Discovery, Mount Kinabalu Leadership Challenge, Appreciation and Experience di Kota Kinabalu. Teks ucapannya disampaikan Timbalannya Profesor Shahril Yusof.

  30. Orang ramai diminta bekerjasama dengan pihak Kastam dalam membanteras jenayah penyeludupan di negeri ini.

  31. Datuk Musa turut memuji inisiatif program itu dalam memperkasakan disiplin pelajar ke arah membentuk modal insan berkualiti dan berketrampilan.

  32. Kerjasama itu termasuklah tidak membeli dan menjual barangan seludup. Maka masyarakat perlulah membantu pihak berkuasa.

  33. Datuk Dr Wan Junaidi turut memuji kebolehan pasukan polis ketika menjalankan operasi Daulat yang menggunakan pendekatan media untuk memaklumkan setiap perkembangan kepada masyarakat.

  34. Justeru, mereka juga perlu mempelajari budaya dan warisan yang terdapat di rantau ASEAN, sebagai rujukan dalam membangunkan negara.

  35. Kerajaan negeri akan terus bekerjasama dengan Kementerian Pendidikan dalam usaha meningkatkan kualiti pendidikan di negeri ini.

  36. Aktiviti penyeludupan hanya merugikan kerajaan dan menguntungkan pihak yang tidak bertanggungjawab. Beban ini akan berlaku sebaliknya seperti jika kerajaan tarik subsidi siapa yang akan terbeban. Bukannya penyeludup tapi rakyat sendiri.


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