bobjots : redux | Merdeka: 52 Years Of Broken Promises & Dashed Hopes

Merdeka: 52 Years Of Broken Promises & Dashed Hopes

The Beautiful Face of Merdeka More than half a century ago, our fathers and their fathers came together to forge a new nation out of a hodge-podge collection of semi-feudal states and Crown Colonies bearing new hopes and dreams for a future founded upon the principles of liberty and justice, ever seeking the welfare and happiness of the people and the maintenance of a just peace.

And yet today, we are warned not to turn the National Day “celebrations” into a “dark episode” and choose to be “proud” of our “achievements and successes”. Why the need to warn? If we truly felt that we belonged to this nation, wouldn’t the celebration be spontaneous? Wouldn’t the pride be a matter of routine? Do we need special reminders and special warnings to act a certain way?

Perhaps the people who feel compelled to warn their fellow citizens are more than cognisant of how badly they have failed to meet the aspirations and hopes that this nation was built upon while the nation’s administration remains in their stewardship?

Let’s have a look at some of our nation’s founding declarations and reflect for ourselves to see if we are anywhere close to achieving these goals:

The Proclamation of Independence
August 31, 1957

In the name of God, the Compassionate, the Merciful. Praise be to God, the Lord of the Universe and may the blessings and peace of God be upon His Messengers.

WHEREAS the time has now arrived when the people of the Persekutuan Tanah Melayu will assume the status of a free independent and sovereign nation among nations of the World

AND WHEREAS by an agreement styled the Federation of Malaya Agreement, 1957, between Her Majesty the Queen and Their Highnesses the Rulers of the Malay States it was agreed that the Malay States of Johore, Pahang, Negri Sembilan, Selangor, Kedah, Perlis, Kelantan, Trengganu and Perak and the former Settlements of Malacca and Penang should as from the 31st. day of August, 1957, be formed into a new Federation of States by the name of Persekutuan Tanah Melayu

AND WHEREAS it was further agreed between the parties to the said agreement that the Settlements of Malacca and Penang aforesaid should as from the said date cease to form part of Her Majesty’s dominions and that Her Majesty should cease to exercise any sovereignty over them

AND WHEREAS it was further agreed by the parties aforesaid that the Federation of Malaya Agreement, 1948, and all other agreements subsisting between Her Majesty the Queen and Their Highnesses the Rulers or any one of them immediately before the said date should be revoked as from the date and that all powers and jurisdiction of Her Majesty or of the Parliament of the United Kingdom in or in respect of the Settlements aforesaid or the Malay States or the Federation as a whole should come to an end

AND WHEREAS effect has been given to the Federation of Malaya Agreement, 1957, by Her Majesty the Queen, Their Highnesses the Rulers, the Parliament of the United Kingdom and the Legislatures of the Federation and of the Malay States

AND WHEREAS a constitution for the Government of the Persekutuan Tanah Melayu has been established as the supreme law thereof

AND WHEREAS by the Federal Constitution aforesaid provision is made to safeguard the rights and prevogatives of Their Highnesses the Rulers and the fundamental rights and liberties of the people and to provide for the peaceful and orderly advancement of the Persekutuan Tanah Melayu as a constitutional monarchy based on Parliamentary democracy

AND WHEREAS the Federal Constituton aforesaid having been approved by an Ordinance of the Federal Legislatures, by the Enacments of the Malay States and by resolutions of the Legislatures of Malacca and Penang has come into force on the 31st. day of August 1957, aforesaid

NOW In the name of God the Compassionate, the Merciful, I TUNKU ABDUL RAHMAN PUTRA ibni AL-MARHUM SULTAN ABDUL HAMID HALIMSHAH, PRIME MINISTER OF THE PERSEKUTUAN TANAH MELAYU, with the concurrence and approval of Their Highnesses the Rulers of the Malay States do hereby proclaim and declare on behalf of the people of the Persekutuan Tanah Melayu that as from the thirty first day of August, nineteen hundred and fifty seven, the Persekutuan Tanah Melayu comprising the States of Johore, Pahang, Negri Semblian, Selangor, Kedah, Perlis, Kelantan, Trengganu, Perak, Malacca and Penang is and with God’s blessing shall be for ever a sovereign democratic and independent State founded upon the principles of liberty and justice and ever seeking the welfare and happiness of its people and the maintenance of a just peace among all nations.

Prime Minister

Kuala Lumpur, 31st. Day of August 1957

The Twenty Points
Sabah Annual Report, Jesselton (1962)

Religion: While there was no objection to Islam being the national religion of Malaysia there should be no State religion in North Borneo, and the provisions relating to Islam in the present Constitution of Malaya should not apply to North Borneo.
Language:
1. Malay should be the national language of the Federation;
2. English should continue to be used for a period of ten years after Malaysia Day;
3. English should be the official language of North Borneo, for all purposes State or Federal, without limitation of time
Constitution: Whilst accepting that the present Constitution of the Federation of Malaya should form the basis of the Constitution of Malaysia, the Constitution of Malaysia should be a completely new document drafted and agreed in the light of a free association of States and should not be a series of amendments to a Constitution drafted and agreed by different States in totally different circumstances. A new Constitution for North Borneo, was, of course, essential.
Head of the Federation: The Head of the State in North Borneo should not be eligible for election as head of the Federation.
Name of Federation: ‘Malaysia’ but not ‘Melayu Raya’ (or ‘Greater Malaya’).
Immigration: Control over immigration into any part of Malaysia from outside should rest with the Federal Government but entry into North Borneo should also require the approval of the State Government. The Federal Government should not be able to veto the entry of persons into North Borneo for State Government purpose except on strictly security grounds. North Borneo should have unfettered control over the movement of persons, other than those in Federal Government employ, from other parts of Malaysia into North Borneo.
Right of Secession: There should be no right of secession from the Federation.
Borneoisation: Borneoisation of the public services should proceed as quickly as possible.
British Officers: Every effort should be made to encourage British Officers to remain in the public services until their places can be taken by suitably qualified people from North Borneo.
Citizenship: The recommendations in paragraph 148(k) of the Report of the Cobbold Commission should govern the citizenship rights in the Federation of North Borneo persons subject to the following amendments:
1. Sub-paragraph (i) should not contain the proviso as to five years residence;
2. In order to be consistent with the laws of North Borneo, sub-paragraph (ii) (a) should read ‘seven out of ten years’ instead of ‘eight out of twelve years’;
3. Sub-paragraph (iii) should not contain any restriction tied to the citizenship of parents – a person born in North Borneo after Malaysia (was formed) must be a Federal citizen.
Tariffs and Finance: North Borneo should have control of its own finance, development funds and tariffs.
Special Position of Indigenous Races: In principle, the indigenous races of North Borneo should enjoy special rights analogous to those enjoyed by Malays in Malaya, but the present Malaya formula in this regard is not necessarily applicable in North Borneo.
State Government:
1. The Chief Minister should be elected by unofficial members of (the) Legislative Council;
2. There should be a proper Ministerial system in North Borneo.
Transitional Period: This should be seven years and during such period legislative power must be left with the State of North Borneo by the Constitution and not be merely delegated to the State Government by the Federal Government.
Education: The existing educational system of North Borneo should be maintained and for this reason should be under State control.
Constitution Safeguards: No amendment, modification or withdrawal of any special safeguards granted to North Borneo should be made by the Federal Government without the positive concurrence of the Government of the State of North Borneo. The power of amending the Constitution of the State of North Borneo should belong exclusively to the people in the State.
Representation in Federal Parliament: This should take account not only of the population of North Borneo but also its size and potentialitis and in any case should not be less than that of Singapore.
Name of Head of State: Yang di-Pertua Negara.
Name of State: Sabah.
Land, Forests, Local Government, etc.: The provisions in the Constitution of the Federation in respect of the powers of the National Land Council should not apply in North Borneo. Likewise the National Council for Local Government should not apply in North Borneo.

Proclamation of Malaysia
September 16th, 1963

In the name of God, the Compassionate, the Merciful. Praise be to God, the Lord of the Universe, and may the benediction and peace of God be upon Our Leader Muhammad and upon His Relations and Friends.

WHEREAS by an Agreement made on the Ninth day of July in the year one thousand nine hundred and sixty-three between the Federation of Malaya, the United Kingdom, North Borneo, Sarawak and Singapore it was agreed that there shall be federated the States of Sabah, Sarawak and Singapore with the Federation of Malaya comprising the States of Pahang, Trengganu, Kedah, Johore, Negri Sembilan, Kelantan, Selangor, Perak, Perlis, Penang and Malacca, and that the Federation shall thereafter be called Malaysia;

AND WHEREAS it has been agreed by the parties to the said Agreement that as from the establishment of Malaysia the States of Sabah, Sarawak and Singapore shall cease to be colonies of Her Majesty the Queen and Her Majesty the Queen shall relinquish Her sovereignty and jurisdiction in respect of the three States;

AND WHEREAS there has been promulgated a Constitution for Malaysia which shall be the Supreme Law therein;

AND WHEREAS by the Constitution aforesaid provision has been made for the safeguarding of the rights and prerogative of their Highnesses the Rulers and the fundamental rights and liberties of subjects and the promotion of peace and harmony in Malaysia as a constitutional monarchy based upon parliamentary democracy;

AND WHEREAS the Constitution aforesaid having been approved by a law passed by the Parliament of the Federation of Malaya and of the United Kingdom has come into force on the Sixteenth day of September in the year one thousand nine hundred and sixty three;

NOW in the name of God the Compassionate, the Merciful, I, TUNKU ABDUL RAHMAN PUTRA AL-HAJ IBNI ALMARHUM SULTAN ABDUL HAMID HALIM SHAH, Prime Minister of Malaysia, with the concurrence and approval of His Majesty the Yang di-Pertuan Agong of the Federation of Malaya, His Excellency the Yang di-Pertuan Negara of Singapore, His Excellency the Yang di-Pertuan Negara of Sabah and His Excellency the Governor of Sarawak DO HEREBY DECLARE AND PROCLAIM on behalf of the peoples of Malaysia that as from the Twentyeighth day of Rabi’ul Akhir in the year of Hijrah one thousand three hundred and eighty three, that MALAYSIA comprising the States of Pahang, Trengganu, Kedah, Johore, Negri Sembilan, Kelantan, Selangor, Perak, Perlis, Penang, Malacca, Singapore, Sabah and Sarawak shall by the Grace of God, the Lord of the Universe, forever be an independent and sovereign democratic State founded upon liberty and justice, ever seeking to defend and uphold peace and harmony among its peoples and to perpetuate peace among nations.

Prime Minister

Kuala Lumpur
Sixteenth Day of September, 1963

The Rukunegara
August 31st, 1970

Our nation, Malaysia, being dedicated :

to achieve a greater unity of all her peoples;
to maintain a democratic way of life;
to create a just society in which the wealth of the nation shall be equitably shared;
to ensure a liberal approach to her rich and diverse cultural traditions;
to build a progressive society which shall be oriented to modern science and technology;