By : CHRISTOPHER LEONG
THE MALAYSIAN Bar is
extremely concerned by reports of the armed intrusion by foreign elements and
ongoing conflict in the areas of Lahad Datu and Semporna, in Sabah.
We are deeply saddened by
the deaths of eight Malaysian police personnel, and extend our deepest
condolences and heartfelt sympathies to their families and loved ones.
We salute our fallen heroes
who have paid the highest price in defence of our nation and territory. Our
thoughts and prayers also go to members of our security forces who are now in
the frontline of this conflict.
The Malaysian Bar expresses
its support for the Malaysian authorities in its continuing efforts to restore
law and order in the affected areas.
As an independent nation,
Malaysia has a sovereign right to ensure recognition and respect for the
territorial integrity of its international borders.
As the conflict continues,
we call on all parties to take all necessary action to minimise any further
injury and loss of life.
The International Court of
Justice, in the course of adjudicating a territorial dispute between the
Governments of Malaysia and Indonesia over the islands of Ligitan and Sipadan
off the coast of Sabah, and in delivering its decision on 17 December 2002, had
set out the antecedents and history pertaining to the territory, and which
effectively recognised the rights and sovereignty of Malaysia over the state of
Sabah and its surrounding islands.
Sultanate Had Relinquished
Its Rights
In essence, these antecedents
show that the Sultanate of Sulu had, by its several actions and by various
separate instruments between 19 April 1851 and 26 June 1946, relinquished and
ceded all of its rights, interests and dominion over what was previously
referred to as North Borneo (now known as the state of Sabah, Malaysia). These various instruments are:
01) The Act of Re-Submission
between Spain and the Sultan of Sulu dated 19 April 1851, which was confirmed
by the Protocol dated 22 July 1878, whereby the island of Sulu and its
dependencies were annexed by the Spanish Crown;
02) The Cession and
Agreement dated 22 January 1878 between the Sultan of Sulu, and Mr Alfred Dent
and Baron von Overbeck as representatives of a British company, whereby the
Sultan of Sulu granted and ceded to the latter all of his rights and powers
over the mainland of the island of Borneo;
03) The Commission (report)
dated 22 January 1878 whereby the Sultan of Sulu appointed Baron von Overbeck
the “Dato Bëndahara and Rajah of Sandakan”, and ceded all of the Sultanate's
rights to Baron von Overbeck as the “supreme ruler over the said dominions”;
04) Baron von Overbeck and
Mr Alfred Dent in turn relinquished all their rights to a British company,
later the British North Borneo Company;
05) The Protocol dated 11
March 1877 between Spain, Germany and Great Britain;
06) The Protocol dated 7
March 1885 between Spain, Germany and Great Britain whereby, inter alia, the
Spanish Government relinquished to the British Government all claim of
sovereignty over the territories of the continent of Borneo and its islands;
07) The Agreement dated 12
May 1888 between the British Government and the British North Borneo Company
for the creation of the State of North Borneo;
08) The Treaty of Peace of
Paris dated 10 December 1898 between Spain and the United States of America
whereby Spain ceded the Philippine Archipelago to the United States of America;
09) The Confirmation of
Cession dated 22 April 1903 between the Sultan of Sulu and the British
Government expanding the scope of the Cession and Agreement of 22 January 1878
between the Sultan of Sulu and Mr Alfred Dent and Baron von Overbeck;
10) The Convention dated 2
January 1930 between the United States of America and Great Britain delimiting
the boundary between the Philippine Archipelago and the State of North Borneo;
11) The Agreement dated 26
June 1946 between the British North Borneo Company and the British Government
whereby the British North Borneo Company relinquished and transferred all of
its interests, powers and rights in respect of the State of North Borneo to the
British Crown, whereby the State of North Borneo became a British colony.
12) The Agreement dated 9
July 1963 between the Federation of Malaya, the United Kingdom of Great Britain
and Northern Ireland, North Borneo, Sarawak and Singapore relating to Malaysia,
which entered into force on 16 September 1963, whereby the colony of North
Borneo was to be “federated with the existing States of the Federation of
Malaya as the [State] of Sabah”.
Although the Philippines was
not a party to this litigation before the International Court of Justice — it
did apply to intervene, but the application was rejected — it is clear from
this judgment that the Sultanate of Sulu, even if such an entity were to
legally exist today, has no subsisting legitimate claim to Sabah.
In any event, as a matter of
post-colonial self-determination, the people of Sabah voted overwhelmingly to
join Malaysia in a referendum held in 1962, which was organised by the Cobbold
Commission.
Respect Human Rights
The Malaysian Bar thus calls
upon the Malaysian Government to continue its efforts to defend its
international borders and territory, protect its citizens, and apprehend the
perpetrators of these acts of armed violence.
In doing so, we nonetheless
call upon the Malaysian Government to take appropriate and immediate steps to
resolve the conflict in a peaceful manner to avoid the further use of arms and
loss of limb or life.
Just as Malaysia is
insisting on the respect for its sovereign rights under international law, as
is proper, it would also be correct for the Malaysian Government to honour and
maintain its commitment to international humanitarian law and international human
rights standards in its conduct of the conflict and treatment of any persons
detained as part of the conflict, and to accord such persons due process of the
law.
It is clear that there
exists a serious threat to national security in the areas of conflict in Sabah,
and that there are reports that the authorities have arrested 79 persons under
the Security Offences (Special Measures) Act 2012.
We expect that the due
process of the law shall be observed and accorded to these arrested persons.
We ask the Malaysian
authorities to take all necessary measures to protect and provide for the
safety and well-being of civilians caught in the conflict zone, bearing in mind
that these involve the elderly, women and children.
They should be provided with
safe passage to non-conflict zones and be provided with access to adequate
food, shelter, medical assistance and protection.
We also call upon the said
authorities to ensure that all combatants, friend or foe, are treated humanely,
and provided with the necessary medical assistance and treatment.
As we seek to assert our
rights and protect our sovereignty and territorial integrity, we must continue
to conduct ourselves with a strong sense of dignity and professionalism, with
due observance of our own laws as well as international laws and standards.
It is our conduct and
observance of the law and human rights in the face of adversity that will
differentiate us from those who would seek to threaten us and commit acts of
aggression against us.
(NOTE : Christopher Leong is
a Vice-President of the Malaysian Bar)
No comments:
Post a Comment