Difference between revisions 108850991 and 108850992 on dewiki

{{Infobox Treaty
| name                = 20-point Agreement
| long_name           = Agreement relating to Malaysia between United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore 
| image               = Agreement relating to Malaysia (1963) Malay Texts.djvu 
| image_width         = 200px
| caption             = Agreement relating to Malaysia
| type                =
| date_drafted        =  
(contracted; show full)
}}
[[File:Agreement Relating to Malaysia between UK, N. Borneo, Sarawak and Singapore.djvu|thumb|Agreement Relating to Malaysia in English texts (document)]]
[[File:Malaysia Act 1963.pdf|thumb|Malaysia Act 1963 (document)]]

The '''20-point agreement''', or the '''20-point memorandum''', is a list of 20 points drawn up by [[North Borneo]] (now [[Sabah]] and [[Labuan
 Island]]), proposing terms for its incorporation into the new federation as the State of [[Sabah]] (and [[Labuan Island]] became federal territory in 1984), during negotiations prior to the formation of Malaysia. It accomplished through the enactment of the '''[[s:Malaysia Act 1963|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'',<ref>''See'': Section 1(1), [http://www.legislation.gov.uk/ukpga/1963/35/pdfs/ukpga_19630035_en.pdf Malaysia Act 1963], Chapter 35 (UK).</ref> on 16 September 1963.<ref>{{cite web|url=http://untreaty.un.org/unts/1_60000/21/36/00041791.pdf |title=No.10760: Agreement relating to Malaysia |accessdate=2010-09-22|publisher=United Nations |work=United Nations Treaty Collection |format=PDF |year=1963 |month=July}}</ref><ref>Agreement Concluded Between the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore. Government Press, Kuala Lumpur (1 January 1963)</ref> In the '''[[s:Malaysia Bill|Malaysia Bill]]''' (this act may be cited as the [[Malaysia Act 1963]]<ref name="Malaysia Bill">''See'': [[s:Malaysia Bill|Malaysia Bill]]</ref>) of the '''[[Malaysia Agreement]]''' some of the twenty points were incorporated, to varying degrees, into what became the [[Constitution of Malaysia]]; others were merely accepted orally, thus not gaining legal status. That act often serves as a focal point amongst those who argue that Sabah's rights within the Federation have been eroded over time.<ref name = "Human Rights Watch">
{{Citation
| title = Abdication of Responsibility: The Commonwealth and Human Rights
| url = http://books.google.com/books?id=_QTz5PCDvjEC&printsec=frontcover&dq=abdication+of+responsibility+and&hl=en&ei=a2eQTNLiDYimvQOfjuDVCw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCUQ6AEwAA#v=onepage&q&f=false
| accessdate = 2010-09-15
| date = October 1991
| publisher = Human Rights Watch
| location = United States of America
| isbn = 1-56432-047-2
| pages = 33–34
| quote=
}}
</ref> Conversely, it can be also contended that the provision under the 20-point agreement which had been tabled under the '''[[s:Malaysia Bill|Malaysia Bill]]''' (this act may be cited as the [[Malaysia Act 1963]]<ref name="Malaysia Bill"/>) of the '''[[Malaysia Agreement]]''' is now rendered not to be [[Void (law)|null and void]] following the [[History_of_Singapore#Separation|expulsion of Singapore]] from the Malaysia in 1965. The '''[[Independence of Singapore Agreement 1965]]''' was signed for the Malaysia by the Prime Minister, Deputy Prime Minister and members of the Cabinet this was in compliance with Article 39 and 80(1) of the [[Constitution of Malaysia]] and there is nothing whatsoever in the constitution requiring consultation with any State Government or the Ruler of any state.<ref>''See'': [1963] MLJ 355, The case of the Government of the State of Kelantan v the Government of the Federation of Malaya and Tunku Abdul Rahman Putra Al-Haj</ref><ref>''See'': [[Singapore Act 1966]]</ref>

The '''[[s:Malaysia Bill|Malaysia Bill]]''' of the '''[[Malaysia Agreement]]''' where some twenty points agreement were incorporated included amending the Malaysia Agreement has been in complied with Article 80 of the [[Vienna Convention on the Law of Treaties]] (1969) in registration and publication of treaties after their entry into force to transmitted to the Secretariat of the United Nations by the [[United Kingdom|British]] Government on 21 September 1970.<ref>[http://treaties.un.org/pages/showDetails.aspx?objid=080000028011f470 The Secretary-General of the  United Nations depositary Nr. I-10760] </ref> would be lead envisaged jurisdiction of the [[International Court of Justice]] for decision unless the parties by common consent agree to submit the dispute to arbitration.<ref>''See': Article 66 of the [[Vienna Convention on the Law of Treaties]].<br>'''Procedures for judicial settlement, arbitration and conciliation'''<br>If, under paragraph 3 of article 65, no solution has been reached within a period of 12 months following the date on which the objection was raised, the following procedures shall be followed:<br>&nbsp;&nbsp;&nbsp;&nbsp;(a) any one of the parties to a dispute concerning the application or the interpretation of articles 53 or 64 may, by a written application, submit it to the [[International Court of Justice]] for a decision unless the parties by common consent agree to submit the dispute to arbitration;<br>&nbsp;&nbsp;&nbsp;&nbsp;(b) any one of the parties to a dispute concerning the application or the interpretation of any of the other articles in Part V of the present Convention may set in motion the procedure specified in the Annex to the Convention by submitting a request to that effect to the [[Secretary-General of the United Nations]].</ref><ref>''See': [[United Nations General Assembly Resolution 97 (1)]] (1946)</ref>


== History ==

From the international law perspective, moves were already afoot to turn decolonization into a major international issue. On
14 December 1960, the United Nations General Assembly had adopted the [[Declaration on the Granting of Independence to Colonial Countries and Peoples]] – the famous Resolution 1514<ref>''See'': [http://unyearbook.un.org/1960YUN/1960_P1_SEC3_CH4.pdf General Assembly 15th Session - resolution 1541 (XV)] (pages:509-510)</ref> – with 89 votes in favour and only 9 abstentions.<ref>The states which abstained were: Australia, Belgium, Dominican Republic, France, Spain, South Africa, United Kingdom and the United States of America.</ref> Article 5 of Resolution 1514, states: ''Immediate steps shall be taken, in [[United Nations list of Non-Self-Governing Territories|Trust and Non-Self-Governing Territories]] or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom'', moreover, Article 3 provided that ''[i]nadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.’ To monitor the implementation of Resolution 1514, the General Assembly created the Special Committee on the Situation With Regard to the Implementation of the [[Declaration on the Granting of Independence to Colonial Countries and Peoples]] (referred to popularly as the [[Special Committee on Decolonization|UN Committee on Colonialism]]) in 1961. Even though Great Britain abstained from voting on Resolution 1514, pressure on her to decolonize was palpable. Not only did this pressure come from the international community, it came from its strongestally, the United States of America who extracted this concession from the British in the [[Atlantic Charter]].<ref>''See'': Clause 3 of the Charter reads: ''Third, they respect the right of all peoples to choose the form of government under which they will live; and they wish to see sovereign rights and self government restored to those who have been forcibly deprived of them''.</ref>

Under an agreement signed between Great Britain and the Federation of Malaya, the issue of [[self-determination]] with respect to the peoples of [[Sarawak]] and [[North Borneo]] (now [[Sabah]] including [[Labuan Island]]), formed the bedrock of yet another challenge to the formation of the Federation of Malaysia. A 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 of [[North Borneo]] (now [[Sabah]] including [[Labuan Island]]) and [[Sarawak]] to supported the proposal to create the new federation with [[Federation of Malaya| Malaya]]. It has accordingly been decided to set up a Commission to carry out this task and to make a recommendations.

In the spirit of ensuring that [[decolonization]] was carried in accordance with the principle of the [[United Nations General Assembly Resolution 1514 (XV)]] and the [[United Nations General Assembly Resolution 1541 (XV)]] with wishes of the peoples of [[Singapore]], [[Sarawak]], [[Brunei]] and [[North Borneo]] (now [[Sabah]] including [[Labuan Island]]), the British Government, working with the Federation of Malaya Government, appointed a [[Cobbold Commission|Commission]] of Enquiry for [[North Borneo]] (now [[Sabah]] including [[Labuan Island]]) 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 [[Cameron Cobbold, 1st Baron Cobbold|Lord Cameron Cobbold]].<ref>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 the Federation of Malaya.</ref> and The Lansdowne Committee, an inter-governmental committee was appointed to work out the details of the final of the [[Malaysia Agreement]] of opinion in [[North Borneo]] (now [[Sabah]] including [[Labuan Island]]) and [[Sarawak]]]]), proposing terms for its incorporation into the new federation as the State of Sabah, during negotiations prior to the formation of Malaysia. It 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'',<ref>''See'': Section 1(1), [http://www.legislation.gov.uk/ukpga/1963/35/pdfs/ukpga_19630035_en.pdf Malaysia Act 1963], Chapter 35 (UK).</ref> on 16 September 1963.<ref>{{cite web|url=http://untreaty.un.org/unts/1_60000/21/36/00041791.pdf |title=No.10760: Agreement relating to Malaysia |accessdate=2010-09-22|publisher=United Nations |work=United Nations Treaty Collection |format=PDF |year=1963 |month=July}}</ref><ref>Agreement Concluded Between the United Kingdom of Great Britain and Northern Ireland, Federation of Malaya, North Borneo, Sarawak and Singapore. Government Press, Kuala Lumpur (1 January 1963)</ref> In the Malaysia Bill of the [[Malaysia Agreement]] some of the twenty points were incorporated, to varying degrees, into what became the [[Constitution of Malaysia]]; others were merely accepted orally, thus not gaining legal status. That act often serves as a focal point amongst those who argue that Sabah's rights within the Federation have been eroded over time.<ref name = "Human Rights Watch">
{{Citation
| title = Abdication of Responsibility: The Commonwealth and Human Rights
| url = http://books.google.com/books?id=_QTz5PCDvjEC&printsec=frontcover&dq=abdication+of+responsibility+and&hl=en&ei=a2eQTNLiDYimvQOfjuDVCw&sa=X&oi=book_result&ct=result&resnum=1&ved=0CCUQ6AEwAA#v=onepage&q&f=false
| accessdate = 2010-09-15
| date = October 1991
| publisher = Human Rights Watch
| location = United States of America
| isbn = 1-56432-047-2
| pages = 33–34
| quote=
}}
</ref> Conversely, it can be also contended that the provision under the 20-point agreement which had been tabled under the Malaysia Bill is now rendered to be [[Void (law)|null and void]] following the [[History_of_Singapore#Separation|expulsion of Singapore]] from Malaysia in 1965. 

== History ==
From the international law perspective, moves were already afoot to turn decolonization into a major international issue. On 14 December 1960, the United Nations General Assembly had adopted the [[Declaration on the Granting of Independence to Colonial Countries and Peoples]] – the famous Resolution 1514<ref>''See'': [http://unyearbook.un.org/1960YUN/1960_P1_SEC3_CH4.pdf General Assembly 15th Session - resolution 1541 (XV)] (pages:509-510)</ref> – with 89 votes in favour and only 9 abstentions.<ref>The states which abstained were: Australia, Belgium, Dominican Republic, France, Spain, South Africa, United Kingdom and the United States of America.</ref> Article 5 of Resolution 1514, states: ''Immediate steps shall be taken, in [[United Nations list of Non-Self-Governing Territories|Trust and Non-Self-Governing Territories]] or all other territories which have not yet attained independence, to transfer all powers to the peoples of those territories, without any conditions or reservations, in accordance with their freely expressed will and desire, without any distinction as to race, creed or colour, in order to enable them to enjoy complete independence and freedom'', moreover, Article 3 provided that ''[i]nadequacy of political, economic, social or educational preparedness should never serve as a pretext for delaying independence.’ To monitor the implementation of Resolution 1514, the General Assembly created the Special Committee on the Situation With Regard to the Implementation of the [[Declaration on the Granting of Independence to Colonial Countries and Peoples]] (referred to popularly as the [[Special Committee on Decolonization|UN Committee on Colonialism]]) in 1961. Even though Great Britain abstained from voting on Resolution 1514, pressure on her to decolonize was palpable. Not only did this pressure come from the international community, it came from its strongestally, the United States of America who extracted this concession from the British in the [[Atlantic Charter]].<ref>''See'': Clause 3 of the Charter reads: ''Third, they respect the right of all peoples to choose the form of government under which they will live; and they wish to see sovereign rights and self government restored to those who have been forcibly deprived of them''.</ref>

Under an agreement signed between Great Britain and the Federation of Malaya, the issue of [[self-determination]] with respect to the peoples of North Borneo and Sarawak, formed the bedrock of yet another challenge to the formation of the Federation of Malaysia. A 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 of North Borneo and Sarawak to supported the proposal to create the new federation with Malaya and Singapore. 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 [[decolonization]] was carried in accordance with the wishes of the peoples of Singapore, Sarawak, Brunei and North Borneo, the British Government, working with the Federation of Malaya Government, appointed a [[Cobbold Commission|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 [[Cameron Cobbold, 1st Baron Cobbold|Lord Cameron Cobbold]].<ref>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 the Federation of Malaya.</ref> and The Lansdowne Committee, an inter-governmental committee was appointed to work out the details of the final of the Malaysia Agreement of opinion in North Borneo and Sarawak by [[George Petty-Fitzmaurice, 8th Marquess of Lansdowne|Lord Lansdowne]] served for Britain and [[Tun Abdul Razak]], Deputy Prime Minister of the Federation of Malaya served for Malaya.<ref name="Lansdowne Committee">{{cite book |title=Malaysia; Selected Historical Readings |last=Bastin |first=John Sturgus |authorlink= |coauthors= |year=1979 |publisher=[[University of Michigan Press]] |location= [[Ann Arbor, Michigan|Ann Arbor]] |isbn=9783262012165 |pages= |pages=526 |chapter= |url= |acces(contracted; show full)aysia Committee there was with an initial Malaysia proposal to the [[North Borneo Federation|Borneo States]] namely, [[North Borneo]] (now [[Sabah]] including [[Labuan Island]]) and [[Sarawak]], and the State of [[Singapore]]  by The Commission of Enquiry ([[Cobbold Commission]]) was headed by [[Cameron Cobbold, 1st Baron Cobbold|Lord Cameron Cobbold]] and The Lansdowne Committee, an inter-governmental committee was appointed to work out the details of the final of the [[Malaysia Agreement]] of opinion in 
[[North Borneo]] (now [[Sabah]] including [[Labuan Island]]), [[Sarawak]] and [[Singapore]]North Borneo, Sarawak and Singapore by [[George Petty-Fitzmaurice, 8th Marquess of Lansdowne|Lord Lansdowne]] served for Britain and [[Tun Abdul Razak]], Deputy Prime Minister of the Federation of Malaya served for Malaya.<ref name="Lansdowne Committee"/> An agreement that it would be preferable to wait for the both which had been tasked with assessment of support for the proposal in North Borneo (now [[Sabah]] including [[Labuan Island]]), Sarawak, and Singapore to complete its report, in order to consider its findings befor(contracted; show full)|-
| Annex K: Arrangements with respect to broadcasting and television in Singapore
|}

== See also ==
{{Sister project links|wikt=no|q=no|n=no|v=no|s=Malaysia Bill}}
*[[Politics of Malaysia]]
*[[Malaysia A
greement]]
*[[Malaysia Act 1963]]
*[[Hansard of the Malaysia Bill]]
*[[Vienna Convention on the Law of Treaties]]

== References ==
{{Reflist|2}}

==External links==
*[[Jeffrey Kitingan]]: [http://www.freemalaysiatoday.com/category/nation/2012/08/09/amateurs-doomed-sabah-from-the-start/ Amateurs doomed Sabah from the start].⏎
⏎
⏎
⏎
ct 1963]]
*[[Hansard of the Malaysia Bill]]

== References ==
{{Reflist|30em}}

{{Use dmy dates|date=September 2010}}

{{DEFAULTSORT:20-Point Agreement (Sabah)}}
[[Category:Politics of Sabah]]
[[Category:Political history of Malaysia]]
[[Category:Treaties of Malaysia]]
[[Category:Treaties concluded in 1963]]

[[ms:Perjanjian 20 Perkara Sabah]]