On the rights to secede – Amde Sidik

Kota Sentosa assemblyman Chong Chieng Jen recently told the Sarawak Assembly that if a referendum to decide whether Sarawak should remain in Malaysia were held today, 75% of Sarawakians would opt for separation.

That prompted this writer – the director of Progressive Institute of Public Policy Analysis Sabah – to refer to his “What do we mean by autonomy?” presented at the “Malaysia Agreement 1963” seminar  held in Kuching on April 26 and organised by the Sarawak Sovereignty Movement, chaired by Datuk Morshidi Abd Rahman, who is also SSM chairman.

How secession can be made and in the context of Malaysia?

For Amde only those unfamiliar or left behind in the study of this subject may raise eyebrows partly because “we” in this region are so used to coercion, frightened and threatened by the authorities.

But today, no country can intimidate its citizens forever.

In Malaysia, the word “autonomy” has never been said openly until SAPP leaders did in November 2010, on the eve of the Batu Sapi, Sandakan by-election.

SAPP was accused of wanting to pull out of Malaysia. Voters were scared. The result was predictable. But now Sarawak is talking about separating from the Federation of Malaysia – which is another step above autonomy.

According to Amde, with the current political scenario in Malaysia, there are three options available for the Borneo states.

One, proceed with the current political system, where nothing is changed.

Two, demand for autonomy, because that is our legal rights under Malaysia Agreement 1963, that is, restore the agreement because that is what the people expect.

Third, secede from Malaysia.

Only recently the Urban Wellbeing, Housing and Local Government Minister Datuk Abd Rahman Dahlan said Sabah and Sarawak could not secede from the federation.

But as Amde pointed out in Article 2 of the Federal Constitution, there is no mention of secession, but that doesn’t mean you can secede, which is not unusual in legal interpretation of English law.

The general concept is if one voluntarily on one’s free will joins an association, it is assumed it is also one’s free will to leave. 

International law experts have no problem in agreeing with this.

There are two main United Nations bodies that are concerned with secession – International Covenant on Civil and Political Rights ICCPR and International Economic, Social and Cultural Rights ICESCR.

Take Somalia as an example. Other legal theorist like Allen Buchanan says secession is allowed:  a state can secede for any reasons, only if there are grave injustices or both.

* Amde Sidik is director of PIPPA (Progressive Institute of Public Policy Analysis, Sabah).

* This is the personal opinion of the writer or publication and does not necessarily represent the views of The Malaysian Insider.