Parti Bumi Kenyalang (PBK) wishes to express deep concern regarding the 2021 amendment to the Federal Constitution to insert the Malaysia Agreement 1963 (MA63), an amendment tabled by then Minister of Law, Datuk Seri Wan Junaidi Tuanku Jaafar, and passed unanimously by the Parliament of Malaysia.
It is important to note that there was no objection from the GPS Government of Sarawak, nor from Members of Parliament representing Pakatan Harapan (DAP and PKR). The same unanimous support was also observed among parties from Sabah, including the GRS Government, and political parties from Malaya. Their collective support reflects a political consensus that, unfortunately, does not address the long-standing grievances and historical injustices faced by Sabah and Sarawak.
1. Without MA63, Malaysia Would Not Exist
Malaysia was formed on 16 September 1963 with Sabah and Sarawak as equal partners. The insertion of MA63 into the Constitution binds Sabah and Sarawak to the Federation under terms determined by Malaya. Without such an insertion, Sabah and Sarawak could, in principle, pursue a peaceful and lawful path to exit the Federation if endorsed by their people.
2. Self-Determination Under International Law
United Nations General Assembly Resolution 1514 guarantees the right of self-determination to all peoples in former colonies.
Today, it is increasingly difficult to deny that Sabah and Sarawak remain treated as colonies of Malaya. No legal scholar has been able to effectively refute this position.
The formation of Malaysia itself raises legitimacy issues. Sabah and Sarawak were handed over to Malaya by the British without full compliance with international legal standards, including Resolution 1514. The Cobbold Commission—tasked with gauging the wishes of the people—did not consult all Sabahans and Sarawakians, and several of its panel members did not understand the local languages spoken by the indigenous communities.
According to United Nations Secretariat records, the Federation of Malaya simply renamed itself “Malaysia” after absorbing Sabah and Sarawak.
These facts strengthen the position that Sabah and Sarawak should be celebrating 31 August as their true Independence Day.
3. Economic Injustice and Resource Exploitation
As territories effectively colonised, Sabah and Sarawak have long had their oil and gas resources appropriated by the Federal Government.
Every year, tens of billions of ringgit in petroleum revenue from Sabah and Sarawak flow to the Federal Government, while the amount returned annually is rarely more than ten billion ringgit. Federal control over taxation and development funds leaves both states underdeveloped, while Malaya grows wealthy from their natural resources.
Had Sabah and Sarawak retained control of their oil, gas, and tax revenue, both states could today be more developed than Malaya—potentially even surpassing Dubai, whose oil reserves cannot match those of Sabah and Sarawak.
4. Political Accountability
The time has come for the people of Sarawak to reconsider their support for the GPS Government. Despite rebranding over the decades, GPS remains essentially composed of the same political groups and families that played a role in the formation of Malaysia and the political landscape before 1963.
Similarly, the people of Sabah must also reflect on the role of the GRS Government and other local political entities that have failed to defend the rights of the state.
5. A Peaceful and Lawful Path Forward
Parti Bumi Kenyalang provides a democratic and lawful platform for Sabahans and Sarawakians to pursue a peaceful path toward self-determination, including the right to exit the Federation of Malaysia if the people so choose—consistent with both international and domestic legal principles.
International law does NOT prohibit Sabah and Sarawak from leaving Malaysia if their people agree.
Many legal experts have also argued that MA63 is invalid under international law and that the formation of Malaysia was the result of “manufactured consent.”
If the agreement at the core of Malaysia is invalid, then the legitimacy of the Malaysian Federation itself is open to serious question.
Conclusion
Parti Bumi Kenyalang urges the people of Sabah and Sarawak to understand their historical and legal rights, to recognise the injustices that have occurred since 1963, and to look toward a future built on justice, equality, and self-determination.
VOON LEE SHAN
President
Parti Bumi Kenyalang
14 November 2025
