Emergency Creation of Malaysia Without Legal Basis
Saturated with Illegalities
Facts revealing how the UK colluded with Malaya to breach international Law by unlawfully denying North Borneo & Sarawak real Independence.
Malaysia Plan Announcement: On May 27, 1961, Malayan PM Tunku Abdul Rahman announced the Malaysia Plan to take over Brunei, North Borneo (Sabah), and Sarawak after secret talks with the UK government. This plan was declared without consulting or obtaining the agreement of the Borneo people.
Exclusion of Borneo Parties: On July 31, 1962, the UK and Malaya decided on Malaysia's terms without involving the proposed Borneo parties. The federation plan was set in motion, despite protests from the people, through an "inquiry on the people's wishes."
Anti-Malaysia Brunei Uprising: The December 8, 1962, Anti-Malaysia Brunei Uprising for Independence led to a British declaration of an emergency, resulting in sweeping arrests of alleged "subversives" in Sarawak (1962 to 1990s) and Singapore in February 1963.
Malaysia Agreement 1963: On July 9, 1963, the Malaysia Agreement was signed by the UK and Malaya under coercive emergency conditions with Singapore, North Borneo (Sabah), and Sarawak, which were colonies, not sovereign states. This raised concerns about the agreement's validity under international law.
Manila Accord: The July 31, 1963, Manila Accord was signed by Malaya with Indonesia and the Philippines, making Malaysia's formation conditional on the UN assessment of the Borneo people's wishes on the proposed plan and the resolution of the Philippines' claim.
UN Assurances and Mission: On August 9, 1963, the British Colonial Secretary, Duncan Sandys, informed his London office that UN officials had given assurances in favor of the UK Malayan Plan and to avoid scrutiny by the UN decolonization Committee. The UN Mission made a cursory assessment from August 16 to September 5, 1963, in breach of UN protocols on decolonization.
Preempting UN Assessment: On August 28, 1963, the British and Malayan governments amended the Malaysia Day from August 31 to September 16, 1963, before the UN assessment was completed, breaching the Manila Accord. The UN endorsed their federation despite this action.
Sabah and Sarawak's Status: On August 31, 1963, British Colonial Secretary Duncan Sandys publicly stated that Malaysia was not to give independence to Sabah and Sarawak but to transfer them to Malaya.
Despite Breaches, Malayan Colonial Takeover: On September 16, 1963, despite the breach of the Manila Accord, UN decolonization requirements, and human rights, the UK and Malaya proclaimed Malaysia under emergency conditions, and the UN endorsed the Malayan colonial takeover of Sabah and Sarawak.
