By : JOE FERNANDEZ
WE ARE NOW told that the
Ministry of Defence (Mindef) will be responsible for security along the
newly-created Eastern Sabah Security Command (ESSCOM) stretching from Kudat in
the North to Tawau in the south-east corner, past the wolf’s mouth segment on
the map of the territory.
Mindef takes over from the
all-powerful Prime Minister’s Department (PMD) which had hitherto been
apparently responsible for security in Sabah. Indeed, it appears that the reason
why Malaysian security forces have been slow in responding to the Lahad Datu
intrusion and Standoff may be more due to the fact that the PMD was solely
responsible for security in Sabah.
Both these items, Mindef and
PMD, are news to Sabahans and probably most Malaysians. The PMD, according to
2010 figures, employed 43, 544 people and had a budget of RM 3.9 billion. It
was a hyper ministry, but labeled Department, a misnomer.
We still don’t know whether
the PMD would be responsible for security in the rest of Sabah and who is
responsible for the security situation in neighbouring Sarawak which has a long
border, albeit for the most part difficult mountainous terrain in jungled
territory, with Kalimantan.
Nur Misuari should be given
benefit of the doubt
In any case the PMD has no
business getting involved directly in security matters, internal and security,
except through the National Security Council (NSC) headed by the Prime
Minister.
Is it any wonder therefore
that the intelligence services, both Special Branch and Military, have been
caught “napping” in a way on the Lahad Datu intrusion by terrorists from the
nearby Sulu islands. In fact, they were not napping at all. They weren’t
responsible for the security of Sabah. No wonder illegal immigrants continued
flooding into Sabahover the decades as Putrajaya, by all accounts, looked the
other way.
One exception was the period
after the Sipadan hostage incident in 1999-2000 when Ramli Yusuff became
Commissioner of Sabah from 2001- 2004.Upon the specific instructions of then
Chief Minister (2001-2003) Chong Kah Kiat, Ramli formed a Special Task Force
with Army Commander of Sabah, Brig-Gen Mohd Yassin, to expel thousands of
illegal immigrants from the Philippines and Indonesia in particular.
On another score, we must
take Nur Misuari’s statements on Malaysia’s involvement in training the Moro
National Liberation Front (MNLF) seriously. Of course, it’s an open secret in
Sabah that not only Malaysia but Libya from the days of the Mustapha regime has
been arming the MNLF.
But this is the first time
that Nur Misuari himself has directly admitted what has been only openly talked
about in the warongs for decades.Between Nur Misuari’s admission and former
Prime Minister Mahathir Mohamad’s outright self-serving denial, the benefit of
the doubt can be given to the former.
Parliament should act on
Eastern Sabah Security Zone
Taking the announcement on
ESSCOM at face value, it seems that not everything is above board. It has often
been said that a Government, on paper, has the power to do anything, even the
“illegal” if necessary, and detractors can resort to the Court by way of an
Application for Leave to secure a Judicial Review either by Mandamus (to
compel) or Certiorari (to squash) any errant Government decision by administrative
law – not law at all but policy in action -- on any matters of state.
Questions abound!
Under the Federal
Constitution, the Prime Minister has no legislative power, not even in an
emergency situation, points out Star chairman Jeffrey Kitingan, for one.
Apparently, the power lies
with the Yang Di Pertuan Agong and Parliament.
Under Article 150, “if the
Yang Di Pertuan Agong is satisfied that a grave emergency exists whereby the
security, or the economic life, or public order in the Federation or any part
thereof is threatened, he may issue a Proclamation of Emergency making therein
a declaration to that effect.”
Under Article 149, it is for
Parliament to pass the necessary laws if there is any “action has been taken or
threatened by any substantial body of persons, whether inside or outside the
Federation -…(f) which is prejudicial to public order in, or the security of,
the Federation or any part thereof,”
Long-term diplomatic and
political solution for Sabah
The area from Kudat to Tawau
involves 11 Parliamentary seats and 27 state seats. The Parliamentary seats
affect the whole of Malaysia, not just Sabah.
No doubt the internal
security problems and international issues facing Sabah, including the claim to
Sabah or parts of it by the Philippines and/or Sulu, culminated in the Lahad
Datu Standoff.
Sabah requires require a
long-term diplomatic and political solution, not a military one, a point which
is gathering consensus among most people in the state.
The United Nations (UN),
whose Secretary-General has urged the Malaysian government to find an amicable
solution in the wake of Lahad Datu, should be brought in to help resolve issues
involving Sabah in Malaysia.
No Referendum was held on
Malaysia in Sabah, Sarawak, Brunei and Malaya.The Cobbold Commission was not a
Referendum of the people but a sampling survey of community leaders with only
Suluk and Bajau leaders agreeing to Malaysia. The Malayan and British
Governments dragged Sabah and Sarawak into Malaysia on 16 Sept, 1963 AFTER both
Nations had obtained their independence on 31 Aug, 1963 and 22 July, 1963
respectively.
Security in Malaysia, for
Sabah, Sarawak and Brunei, -- against the crocodiles in the region viz.
Philippines and Indonesia -- was an afterthought when it emerged that others were
reaping the real benefitsof Federation and not the people in Borneo: Britain
could consolidate its commercial empire in the region through Malaysia;
Singapore obtained independence through merger with Malaya via Malaysia; and
the Malaya-led and dominated Federal Government virtually had unlimited access
to the resources and revenue of three potentially rich Nations in Borneo.
Brunei staying out of
Malaysia at the 11th hour floored the argument that the Orang Asal populations
of Borneo were needed to facilitate the merger between Chinese-majority
Singapore and non-Malay majority Malaya.
Not surprisingly, Singapore
was expelled from Malaysia two years later as the Malay-speaking communities in
Malaya felt demographically threatened by Singapore despite the added numbers
of the Orang Asal in Sabah and Sarawak.
However, Sabah and Sarawak
were not likewise allowed to exit Malaysia.
These and other matters,
including the so-called Sulu claim, should be resolved by the UN Security
Council lest there be an even greater flare-up in Borneo one day when the Orang
Asal react violently against their marginalization and disenfranchisement given
the continuing influx of illegal immigrants into their countries.
Joe Fernandez is a mature
student of law and an educationist, among others, who loves to write especially
Submissions for Clients wishing to Act in Person. He feels compelled, as a
semi-retired journalist, to put pen to paper -- or rather the fingers to the
computer keyboard -- whenever something doesn't quite jell with his
weltanschauung (worldview).
He shuttles between points
in the Golden Heart of Borneo formed by the Sabah west coast, Labuan, Brunei,
northern Sarawak and the watershed region in Borneo where three nations meet.
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