Law without justice is a wound without a cure.
– Anonymous
All international treaties, covenants, pacts, proclamations, declarations and Executive Orders must pass muster within the confines of three Latin maxims, viz, primum non nocere, (first, do no harm), erga omnes (rights, duties and obligations owed toward all under international law), and jus cogens (a peremptory norm where derogation is not allowed to a law that is designed and structured to uphold, not diminish, other existing rights). Therefore, it’s capricious to indulge in repeal, addition, adjustment or amendment of specific laws that protect fundamental rights.
Only the governed care, not the careless government!
MA63 qualifies for deep inspection for the purposes of correction through the lens of these three Latin maxims. Did the Borneo Territories (‘BT’) receive their inalienable rights of association, affiliation, and accommodation not to be mistaken by the nuances of subtle assimilation like the Native Americans faced treaty after treaty in the early 19th century in the name of civilized politics?
Practical remedies are abundant for the sovereign standing and status of the BT under international law because it was impelled by the need and, perhaps, greed for territorial expansion:
First, the BT must present a pragmatic solution-seeking manifesto to Putrajaya with references to the legality of the Cobbold Commission and the IGRA that resulted in MA63 – a conception to birth analysis.
Second, the BT must pass laws within their legislatures to prevent and prohibit the decaying of the intent, content, extent, pith and substance of the Cobbold Commission, the IGRA and MA63.
Third, the BT should seek international determination and adjudication of MA63 being that it is an international treaty. The United Nations is a good starting point.
Fourth, the BT must conduct a thorough forensic accounting of BT inground assets that has condescended to federal rights of ownership.
Fifth, the BT must not be subjected to the Federal Constitution (FC) unless its status as ‘states’ of the Federation is removed and replaced with a fitting nomenclature.
Sixth, as special-autonomous regions (SAR) of Malaysia, the BT must establish independent police power since they are mandated to control immigration. Note: An autonomous administrative division is a subnational administrative division or internal territory of a sovereign state that has a degree of autonomy – self-governance – under the national government.
Seventh, the BT must be guaranteed and granted 35 per cent representation in the Dewan Rakyat since Singapore seceded.
Eighth, the power to proclaim and enforce a national emergency upon the BT since they are SAR is misplaced.
Ninth, the BT denizens must invoke their Christian beliefs and tenets since Article 4 of the FC grants religious freedom. This is a crucial and vital element since the Holy Bible prescribes and describes the law of property which is wholly relevant to customary native title.
In Islam obedience to the law of the land is a religious duty. The Quran commands Muslims to remain faithful to not only Allah and the Prophet Muhammad (PBUH), but also to the authority they live under, meaning government: O ye who believe! obey Allah, and obey His Messenger and those who are in authority over you (Ch.4: V.60).
The Holy Bible says the same thing in the 13th chapter of Romans: Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God.
Obedience to the Word of God is the beginning of wisdom which is sadly lacking in people who seek to be leaders.
The statute of limitations does not apply to crimes. International law must enjoy this same privilege to invite significant remedial measures to undo the damage that has unceremoniously visited the BT since 1963. Justice delayed is justice denied.
There are also regionalised states with autonomous regions. Regionalisation is in fact a form of decentralisation within a unitary state, with territorial entities enjoying a certain amount of autonomy in specific areas but supervised by a representative of the central state. This is the case with the Portuguese island territories of the Azores and Madeira, which have political and administrative statutes drawn up by the regional legislative assemblies and approved by the Assembly of the Republic.
Past misdeeds, mistakes and mishaps that were thrust upon the unsuspecting people of the BT when MA63 was birthed must be corrected. The spirit, reason, purpose and substance of MA63 seems forgotten, if not absent, today. Nation-building and national unity is a higher calling that underscores total fairness in all dealings as a primum non nocere imperative.
The views expressed here are those of the columnist and do not necessarily represent the views of New Sarawak Tribune.
