Malaysia Agreement

Prior to World War II, British Malaya consisted of three groups of polities: the protectorate of the Federated Malay States, five protected Unfederated Malay States and the crown colony of the Straits Settlements.

In 1946, the Malayan Union was established in British Malaya which 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. Meanwhile, Britain had direct rule over Singapore as a crown colony. It came through a series of agreements between the United Kingdom and the Malayan Union.See: Cabinet Memorandum by the Secretary of State for the Colonies. 21 February 1956 [http://filestore.nationalarchives.gov.uk/pdfs/large/cab-129-79.pdf Federation of Malaya Agreement] The Malayan Union was superseded by the Federation of Malaya on 1 February 1948, and achieved independence within the Commonwealth of Nations on 31 August 1957.

Throughout the 20th century, 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.See: [https://www.un.org/Depts/dpi/decolonization/special_committee_main.htm the United Nations Special Committee on Decolonisation – Official Website]

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.See: [https://www.un.org/Depts/dpi/decolonization/history.htm History of U.N. Decolonisation Committee – Official U.N. Website]

Under the Malaysia Agreement signed between the United Kingdom and 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".See: Section 1(1), Malaysia Act 1963, Chapter 35 (UK).

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 Malayan 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.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 Malaya. The Commission released its findings, report and recommendations on 1 August 1962. It concluded that the formation of Malaysia should be implemented. However, Lord Cobbold also stressed that all parties enter the federation as equal partners. Lord Cobbold had secretly,without disclosing in the report , written to British Prime Minister Harold Macmillan on 21 June 1962: "I have supported Malaysia in the report on the assumption that Singapore also joins in ... if Singapore were to drop out, a federation between Malaya and the Borneo territories without Singapore would have few attractions.

{{see also|Singapore in Malaysia}}

In Singapore, the People's Action Party (PAP) initially 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 (BS), 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 BS argued that the terms of merger offered were detrimental to Singaporeans – such as having reduced seats in the federal parliament compared to its population, only being able to vote in Singapore elections,{{Cite book|last=Tan|first=Kevin Y.L.|title=The Singapore Legal System|publisher=Singapore University Press|year=1999|isbn=9789971692124|volume=2|page=46}} and the obligation that Singapore contribute 40% of its revenue to the federal government. To allay these concerns, a number of Singapore–specific provisions were included in the Agreement.{{cite web |last1=HistorySG |title=Signing of the Malaysia Agreement – Singapore History |url=http://eresources.nlb.gov.sg/history/events/7fdd00ed-603e-47e0-8e08-f6499d385404 |website=eresources.nlb.gov.sg |publisher=National Library Board |access-date=9 March 2020}} Singapore was ultimately expelled from Malaysia on 9 August 1965.

Although 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 entire federation and what had happened during the Brunei revolt.{{cite book|last=Mathews |first=Philip |title=Chronicle of Malaysia: Fifty Years of Headline News, 1963–2013 |url=https://books.google.com/books?id=md9UAgAAQBAJ |date=February 2014 |publisher=Editions Didier Millet |isbn=978-967-10617-4-9 |pages=29}} It would continue to be a British protectorate until it became a sovereign state on 1 January 1984.

On 11 September 1963, just four days before the new Federation of Malaysia was to come into existence, the Government of the State of Kelantan sought a declaration claiming 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 Malaya and this was contrary to the 1957 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.Admission of New States: The Government of the State of Kelantan v. The Government of Malaya and Tunku Abdul Rahman Putra Al-Haj

[https://www.jstor.org/stable/24861976?seq=1] {{PD-notice}}{{Cite web |last=Kathirasen |first=A. |date=2020-09-09 |title=When Kelantan (and PMIP) sued to stop formation of Malaysia |url=https://www.freemalaysiatoday.com/category/opinion/2020/09/09/when-kelantan-and-pmip-sued-to-stop-formation-of-malaysia/ |access-date=2021-03-31 |website=FMT}}

Over the decades after the agreement, many academics and politicians have argued that the promises made to Sarawak and North Borneo (Sabah) have been eroded over time by the federal government.{{cite book |last1=Chin |first1=James |title=The 1963 Malaysia Agreement (MA63): Sabah and Sarawak and the Politics of Historical Grievances |date=1 January 2019 |publisher=University of Tasmania |isbn=978-967-2165-58-3 |url=https://figshare.utas.edu.au/articles/chapter/The_1963_Malaysia_Agreement_MA63_Sabah_and_Sarawak_and_the_Politics_of_Historical_Grievances/23122655 |access-date=2 May 2024 |language=en}}{{cite web |last1=Lu |first1=Jamie |title=MA63 To Restore, Safeguard Eroded Rights {{!}} New Sarawak Tribune |url=https://www.newsarawaktribune.com.my/ma63-to-restore-safeguard-eroded-rights/ |access-date=2 May 2024 |date=8 November 2022}}{{cite web |last1=Pei |first1=Goh Pei |title='Passing of MA63 Bill shows importance in restoring Sarawak and Sabah's status in federation' {{!}} New Straits Times |url=https://www.nst.com.my/news/nation/2021/12/754495/passing-ma63-bill-shows-importance-restoring-sarawak-and-sabahs-status |website=NST Online |access-date=2 May 2024 |language=en |date=15 December 2021}} After the historic initial defeat of the Alliance/Barisan Nasional (BN) government in the 2018 Malaysian general election, the Pakatan Harapan (PH) government promised to look into Sarawak and Sabah's grievances in relation to the Malaysia Agreement which had been neglected.

After a proposed 2019 amendment to the Constitution of Malaysia to restore the status of Sabah and Sarawak according to the original content of Malaysia Agreement failed to pass a two-thirds majority, the federal government compromised to review the agreement to remedy breaches of the treaty with a "Special Cabinet Committee To Review the Malaysia Agreement".{{cite web|url=https://www.malaymail.com/news/malaysia/2019/08/19/ma63-seven-issues-resolved-14-need-further-discussion-says-pms-office/1782156|title=MA63: Seven issues resolved, 14 need further discussion, says PM's Office|work=Bernama|publisher=The Malay Mail|date=19 August 2019|access-date=22 August 2019}}{{cite web|url=http://www.dailyexpress.com.my/news/139558/seven-ma63-issues-resolved/|title=Seven MA63 issues resolved|work=Bernama|publisher=Daily Express|date=20 August 2019|access-date=22 August 2019}} The seven agreed issues were:

• Export duty claims on logging exports and forest products.
• Gas distribution and regulatory powers on electricity and gas.
• Implementation of Federal and State Public Works.
• Manpower.
• The power of the state on health issues.
• Administration of Sipadan and Ligitan islands for Sabah.
• Agricultural and forestry issues.

The first meeting about these issues was held on 17 December 2018. 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.{{cite web|url=https://www.malaymail.com/news/malaysia/2019/09/02/in-sabah-doubts-linger-as-putrajayas-ma63-review-accused-of-being-one-sided/1786329|title=In Sabah, doubts linger as Putrajaya's MA63 review accused of being one-sided affair|author=Julia Chan|publisher=The Malay Mail|date=2 September 2019|access-date=2 September 2019}}

In another 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.{{cite news |last1=Zahid |first1=Syed Jamal |title=Dewan Rakyat finally passes key constitutional amendments to recognise MA63 |url=https://www.malaymail.com/news/malaysia/2021/12/14/dewan-rakyat-finally-passes-key-constitutional-amendments-to-recognise-ma63/2028384 |access-date=3 May 2023 |publisher=The Malay Mail |date=14 December 2021 |archive-url=https://web.archive.org/web/20220415045653/https://www.malaymail.com/news/malaysia/2021/12/14/dewan-rakyat-finally-passes-key-constitutional-amendments-to-recognise-ma63/2028384 |archive-date=15 April 2022}} In February 2022, the name of the head of government of Sarawak was changed from "Chief Minister" to "Premier". In 2024, it was proposed that Sabah does the same.{{cite web |title=Rename Sabah CM ‘premier’ like Sarawak, says rep |url=https://www.freemalaysiatoday.com/category/nation/2024/04/29/rename-sabah-cm-premier-like-sarawak-says-rep/ |publisher=FMT |access-date=2 May 2024 |date=29 April 2024}}

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.{{cite news |title=Group of 11 Sarawakians file writ to declare MA63 null, void |url=https://www.malaymail.com/news/malaysia/2022/03/15/group-of-11-sarawakians-file-writ-to-declare-ma63-null-void/2047640 |access-date=7 May 2023 |publisher=The Malay Mail |date=15 March 2022 |archive-url=https://web.archive.org/web/20220315150532/https://www.malaymail.com/news/malaysia/2022/03/15/group-of-11-sarawakians-file-writ-to-declare-ma63-null-void/2047640 |archive-date=15 March 2022}} In April 2022, the Government of Sarawak tried to strike out the suit on reasons that the High Court had no jurisdiction to enforce or nullify an international treaty like MA63.{{cite news |last1=Ling |first1=Sharon |title=High Court postpones decision on striking out suit to nullify MA63 |access-date=7 May 2023 |publisher=The Malay Mail |date=15 March 2022 |archive-url=https://web.archive.org/web/20230505162025/https://www.thestar.com.my/news/nation/2023/05/05/high-court-postpones-decision-on-striking-out-suit-to-nullify-ma63|url=https://www.thestar.com.my/news/nation/2023/05/05/high-court-postpones-decision-on-striking-out-suit-to-nullify-ma63 |archive-date=5 May 2023}} 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.{{cite news |last1=Desiree |first1=David |title=Kuching High Court strikes out suit to nullify MA63 |url=https://www.theborneopost.com/2023/05/25/court-strikes-out-suit-to-nullify-ma63/ |access-date=21 October 2023 |publisher=The Borneo Post |date=25 May 2023 |archive-url=https://web.archive.org/web/20230526015440/https://www.theborneopost.com/2023/05/25/court-strikes-out-suit-to-nullify-ma63/ |archive-date=26 May 2023}}

The Malaysia Agreement lists annexes of

{{Portal|British Empire|Malaysia|Singapore|Politics}}

• 18-point agreement
• 20-point agreement
• 2021 amendment to the Constitution of Malaysia
• Cobbold Commission
• Independence of Singapore Agreement 1965
• Indonesia–Malaysia confrontation
• Malaysia Act 1963
• Manila Accord
• Separatist movements in Malaysia
• Timeline of Malaysian history
• Proclamation of Singapore
• Vienna Convention on the Law of Treaties

{{Notelist}}

{{reflist}}

• Hansard of Parliament of the United Kingdom [https://api.parliament.uk/historic-hansard/bills/malaysia-bill Malaysia Bill]
• [http://www.legislation.gov.uk/all?title=malaysia%20act Malaysia Act 1963]
• [http://www.legislation.gov.uk/changes/affected/ukpga/1963/35 Affecting the Malaysia Act 1963]
• [https://www.un.org/ga/search/view_doc.asp?symbol=A/RES/60/119 Solidarity with the Peoples of Non-Self-Governing Territories] by Resolution of General Assembly 60/119 of 18 January 2006
• [https://www.un.org/dppa/decolonization/en/history/former-trust-and-nsgts Trust and Non-Self-Governing Territories] listed by the United Nations General Assembly.
• [https://web.archive.org/web/20111111232635/http://unyearbook.un.org/1963YUN/1963_P1_SEC1_CH3.pdf United Nations General Assembly 18th Session – the Question of Malaysia (pages:41–44) ]
• [http://news.bbc.co.uk/1/hi/world/asia-pacific/country_profiles/1304598.stm Malaysia Timeline] by the BBC News Channel.

• {{cite book|author1=J. de V. Allen|author2=Anthony J. Stockwell|title=A Collection of Treaties and Other Documents Affecting the States of Malaysia: 1761–1963|url=https://books.google.com/books?id=kEYRmwEACAAJ|year=1981|publisher=Oceana Publ.|isbn=978-0379007817}}
• {{cite journal|url=https://www.academia.edu/11581228|title=Federal-East Malaysia Relations: Primus-Inter-Pares?, in Andrew Harding and James Chin (eds) 50 Years of Malaysia: Federalism Revisited (Singapore: Marshall Cavendish)|author=James Chin|journal=The Straits Times|via=Academia.edu|year=2014|pages=152–185}}
• {{cite journal|url=https://www.academia.edu/37322619|title=Why new Malaysian govt must heed MA63 rallying cry|author=James Chin|journal=The Straits Times|via=Academia.edu|date=31 May 2018}}
• James Chin (2019) [https://www.researchgate.net/publication/338422104_The_1963_Malaysia_Agreement_MA63_Sabah_And_Sarawak_and_the_Politics_of_Historical_Grievances The 1963 Malaysia Agreement (MA63): Sabah And Sarawak and the Politics of Historical Grievances] – Via ResearchGate
• {{cite book |author1=Tai Yong Tan |title=Creating "Greater Malaysia": Decolonization and the Politics of Merger |date=2008 |publisher=Institute of Southeast Asian Studies |isbn=9789812307477 |url=https://books.google.com/books?id=ue77C4zp4pcC}}

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