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Sabah or formerly known as North Borneo was granted an Independence by British on 31 August 1963

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Sarawak was granted Independence by British on 22 July 1963

Friday, 1 November 2013

RCI on illegal immigrants in Sabah - reflections by TAN SRI SIMON SIPAUN


Tan Sri Simon Sipaun (Pesuruhjaya Suhakam 2008-2010) 
More than 20 years ago when I was still a civil servant, a gentleman came to see me. At the time he had just retired. He was a Sabahan and the substantive holder of the post of Director of the National Registration Department in Sabah. 

However he was never given the opportunity to function as a director. Instead he was posted to Semenanjung. He was neither a Malay nor a Muslim. He told me that genuine identity cards were prepared in the headquarters and brought to Sabah to be given  to Muslim illegal immigrants. There was a special unit to handle this. 

It is people like him who should be of interest to the on-going RCI in its effort to establish the real truth concerning the illegal immigrant issue. Genuine Sabahans are keen to know the whole truth and nothing but the truth.

It is appropriate that the RCI has requested ex-civil servants who had first-hand experience and knowledge from inside the relevant government departments and agencies to appear before it. I hope that people from Sabah who have done research, written books and articles on the issues and problems associated with illegal immigrants will also be invited to testify. Some of them have also been detained under the ISA. The information disclosed by witnesses so far is quite shocking but not surprising.

It is shocking because the government appears to be uncaring towards Malaysians living in Sabah preferring non-citizens over citizens. It is not surprising because it is what the people of Sabah had suspected all along. I note some of the ex-civil servants who had testified had been detained under the ISA yet they were only carrying out the directives of their political masters. Why were they detained unless, of course, they were made the unfortunate scapegoats? 

The Minister of Home Affairs allegedly made a statement that the government has neither issued citizenship nor given voting rights to illegal immigrants in Sabah. He wanted proof from people who thought otherwise. On 1 October, 2011, the Deputy Home Minister Lee Chee Leong was reported to have denied that Sabah is a victim of ‘projek IC’ – a planned illegal immigrant population explosion engineered by the federal government for citizenships in exchange for votes to help the present government retain political power. YB Datuk Wilfred Bumburing took up the challenge of the Home Minister. YB Datuk Wilfred can relate the rest of the story as he knows best. 

In the early 70s a lot of Vietnamese refugees landed in Semenanjung. They were confined to Pulau Bidong and within 2 years they were all moved to other countries. They were not Muslims. There appears to be a double standard. One standard for the non-Muslim Vietnamese and one for the Muslim illegal immigrants in Sabah.

Malaysia is neither a state party to the UN Convention Relating to the Status of Refugees 1951 nor the 1967 Protocol. This being the case, all refugees in Malaysia are treated as illegal immigrants. They are subjected to penalties, detention and deportation under the Immigration Act 1959/63. This Act does not recognize refugees.

To indicate that the Federal Government is seen to be doing something to resolve the mother of all problems in Sabah, a Federal Task Force was established more than 25 years ago. But it took one year just to create the post of the head of the task force. Today, the task force is still in existence, but so is the problem, only bigger and more complicated.

I do not blame the illegal immigrants for being in Sabah. As human beings they are just looking for a better life. They have human rights like any Malaysian, no more no less. Human rights have no borders. However, I question the authorities for allowing them into Sabah without proper documents and move around in Sabah with impunity. 

The rapidly increasing number of illegal immigrants is fast changing the economic, social, cultural and political landscape of the state. The reverse takeover has long started. It appears that the government has no intention of resolving the problems once and for all because the government appears to be part of the problem rather than the solution. This is indicated by the terms of reference of the RCI which are by and large investigative in nature. The terms of reference should include identifying who are the real culprits followed by the prosecution. I hope the RCI will interpret its mandate liberally.

Foreigners who were not qualified to be given citizenship status or given the right to vote illegally should have their citizenship revoked and deported to their country of origin. However, I fear that there will not be any political will to resolve the issue as it appears that it is part of the present government agenda. If not, this problem should not arise today. 

The demand by genuine Sabahans for the formation of an RCI is not new. Much earlier 100,000 signatures had been collected requesting government to establish an RCI. It was followed by a long period of silence. It was not until 8 February, 2012 that a decision was made for the formation of the RCI. 

At the time its terms of reference were not known. To arrive at a decision on its establishment without the terms of reference is like putting the cart before the horse. Many people are of the view that if it was not for the impending 13th general election, it is very conceivable that the RCI would not have been established.

Malaysians living in Sabah feel very uneasy, threatened and insecure as the number of foreigners keeps increasing. You may remember the demonstrations that took place in March, 1986. My office at the time was over-looking the state mosque and I could see hundreds of them gathering outside the mosque before they took to the streets. The only Sabahans I noticed were a few prominent political leaders from berjaya and usno leading them. The illegal immigrants were being made use of. I heard explosions all over town. 

A number of vehicles were either over-turned or burnt. It was very frightening. If my memory does not fail me, I think at least five people lost their lives. Sabah people will not do this sort of thing. I could not believe that such incidents could take place in Sabah. It was sad and reflected very badly on the mindset and maturity of the leaders who had a hand in instigating the illegal immigrants to demonstrate and causing unnecessary fear among the peace loving public.

When kg. Ice-box in Tawau was burnt about 25 years ago 5000 people lost their houses. Of the 5000, only 500 were Malaysians. The late general Zulkifli told me he saw many of them coming out with M16 in their possession.

In 1970, Sarawak population was about 1 million. In 2004, 34 years later, it was about 2 million. In 1970, Sabah’s population was about 698,000. In 2004, it was estimated to be between 3.3 and 3.5 million. Based on Sarawak’s population growth rate Sabah’s population in 2004 should be around 1.4 million. There is a ‘surplus’ of 1.9 million.

As of June 2005 the district of Kinabatangan had a population of about 85,000 and only about 25,000 were Malaysians. As at 23 December, 2005 Sabah’s prison population was 3052. About 70% were foreigners. In KK we have a Filipino market. In kg. Boronuon behind Telipok town you can see thousands of them. Next to it is a completed housing development. 

The last time I saw the place, not a single unit has been taken up. The Minister of Health was reported in the Daily Express in its 9 July, 2006 edition that hospitals in Sabah were receiving the most number of foreigners amounting to about 30%. According to the Minister, some of them used forged identity cards to gain admission and leave without paying. They also account for many cases of contagious and communicable diseases. It was reported in the Daily Express on 18 November, 2007 that 80% of the Likas maternity hospital beds were occupied by illegal immigrants.

It is ironical that whilst thousands of illegal immigrants have become citizens and voters, many locals especially those living in remote areas have no valid documents such as birth certificates and mykad. Technically they are stateless and yet they have never left the place of their birth. It has been said that what is impossible elsewhere is possible in Sabah. 

Some of you may recall a news report in 2002 regarding an immigration raid in Keningau. 34 foreigners were found to be in possession of mykad. At the time mykad had not yet been introduced in Sabah. The National Registration Department confirmed that the cards were indeed genuine. How could this happen without the complicity of the relevant authorities?

It is common knowledge that the electoral roll in Sabah is highly tainted. The new Sabah Times in its 9 June, 2001 edition reported that the High Court ordered former CM Datuk Yong Teck Lee to vacate his Likas seat because he won it in 1999 with the help of phantom voters. Justice Datuk Muhammad Kamil Awang said that the 1998 electoral roll for the constituency was illegal and the election held in March 1999 was null and void. The judge, amongst others, stated that the evidence adduced was tip of an iceberg and fantastic evidence.

The next logical step would have been to clean the electoral roll. Instead, Parliament amended the Election Act, whereby the electoral roll once gazetted cannot be challenged in any court of law. This is just not right. A clean electoral roll represents a universal democratic value. Immediate action should be taken to clean the tainted electoral roll before the 13 general election. If the Election Commission is unable to do it for some reasons it could be farmed out to a suitably qualified, experienced and independent organization.

-----------------------------------

Views shared by Tan Sri Simon Sipaun at the DAP Public Forum on the RCI on Illegal Immigrants in Sabah held on Thursday 24 January, 2013, 2.30 pm – 4.30 pm at the Star City, Kota Kinabalu.



By, Rajah Raqafluz

SABAH NOTICE: PROHAM Discussion


SABAH NOTICE: PROHAM DISCUSSION-14th NOV 2013

Tan Sri Simon Sipaun (Pesuruhjaya Suhakam 2008-2010) 

0n Nov 14, 2013 (Thursday)

at 8pm till 10.30pm

Topic: FUTURE OF HUMAN RIGHTS IN MALAYSIA

Venue : Bilik Bunga Mawar 1st Floor Bangunan Utama/HQ MBPJ, Jalan Yong Shook Lin, Petaling Jaya

For participation - register with denisonproham@gmail.com

READ MORE: CLICK HERE


Picture of the Day

The Melanau's caste system (Adet Basa) - SARAWAKIAN


THE MELANAU'S CASTE SYSTEM ( ADET BASA)


The Melanau are one of the minority ethnic in Sarawak. They are among the earliest settlers of Sarawak, and speak a Northwest Malayo-Polynesian language. The Melanau were traditionally fishermen as well as padi and sago farmers. Some were skilled boat builders. They used to live in tall stilt and long houses, but nowadays, they live in Malay kampung-style houses (individual & separated houses). Because of religious similarity, the majority of Melanaus lives socially and culturally like the rest of the Malays in Sarawak. Instead of being assimilated to Malays culture, there is still an existence of the unique culture of the Melanaus, so called The Melanau’s Caste System and it's still being used by some Melanau in certain occasion such as proposing, engagement, marriage and funeral. 

At birth a Melanau was placed in a rank category called "basa" or "Pakat", which was that of his father. The relationship between the ranks was formally laid down in the "Adet" (Law) and a breach of rank rules was an act of disrespect "Tulah" and incurred civil and supernatural penalties.

The Caste System consists three main categories arranged in Pikoul* ( A unit of Weight of Brassware):

1. Aristocrats ( A-Mentri)
2. Freemen ( A-Bumi)
3. Slaves ( Dipen)

* 1 Pikoul is equivalent to 133 Pounds ( c.a. 60 kg) of Brass.

In reality the Melanau's caste system is more complex. Among the aristocrats there are three grades: the top, the middle and the lower, each of which was marked by the right to use a particular type of weapon to symbolize the status of their daughters at their weddings and for the parents to receive a fixed weight of brassware ( Pikoul) as bride wealth. Only the Aristocrats were allowed to have slaves. Above the aristocrats were the royal family of Brunei ( Tagan Raja Kelieng).

The Grades of Aristocrats (A-Mentri) from top to bottom are:

15 Pikoul- "Pangiran" carries the title Datu. Pangiran was the vassal of Brunei sultanate. Most of them married with the local Melanau and their title was inherited to their children. The unmarried son of a Pangiran carries the title Awang or Awangku and the unmarried daughter carries the title Dayang or Dayangku.

12 Pikoul- "A-Nyat " also known as the "Perabangan" and carries the title Abang. There were families of wealthy Brunei's or Malays merchants who married with the local Melanau.

9 Pikoul- "A-Metahei" were the aristocrats of pure melanau blood. The were the founder of the village and keeper of the "Adet". Leadership among the A-Metahei are base on Primus inter Pares ( English: the first among equal). It means that the leadership was given to a particular A-Metahei that qualified to do the task but still technically equal among his peers. 

Similarly there are two grades of freemen:

7 Pikoul- "A-Bumi Ateng" or the true freemen could be commanded by nobody to perform services for aristocrats. They have the right to receive payment or salary for their work. 

5 Pikoul (7 Betirih)- "A-Bumi Giga" or the "tied" freemen could be called upon by former owner to perform services. These "tied" freemen were freed slaves.

The rank Dipen ( Slave) also known as 2 1/2 Pikoul was also divided into a number of grades:

5 Betirih- "Dipen gak luer" or the field slave lived in a household of their own and were entitled to their own strip of land in the communal rice field. Like inside slaves they might even own sago gardens in their own right. But they were subject of course to all the demands made by the owner. Their granted land can also be taken by their owner without any permission.

2 1/2 Betirih- "Dipen gak lebok" or the house slave lived in the owner`s household and helped with domestic tasks and accompanied aristocrats as servants and companions wherever they went.

>TEBUIH BASA- Change of rank<

Although the rank is hardly unalterable, any melanau are entitled to redeem rank at a weeding or at other times with the permission from the A-Metahei by paying the rest amount of Pikoul left to achieved the desired status.

The system of redeeming rank was organized in steps ( tirih). The full redemption of a slave from the lowest group to the status of a "tied" freemen ( A-Bumi Giga or 5 Pikoul) took 3 Pikoul or seven steps/ installments ( 7 Tirih). Hence the "tied" freemen are also known as 7 Betirih. The slave should and usually did take fewer than seven steps at a time and thus still remained a slave. Those who have paid their fifth installment are called 5 Betirih (Dipen gak luer). 

Only at a wedding a freemen (A-Bumi) could redeem his rank and become the lower aristocrat (A-Metahei). For the true freemen ( A-Bumi Ateng) he has to pay additional 2 Pikoul and the "tied" Freemen ( A-Bumi Giga) 3 Pikoul to complete 9-Pikoul in 15 steps/ installments (15 tirih). Only the first born will inherit the redeemed rank while the other siblings will inherit the former ranks of their father.

The 9 Pikoul is the highest redeemable rank.

Credits to Kartunis Durianz Sarawak



By, Rajah Raqafluz

"But politic plays you" - UVSB



You don’t have to be a politician to affect the politic but politicians need you to engage in politics. I think you may have heard about a political slogan of “People are the BOSS”, yes we are, but what are we as boss doing now? As a Boss, we have the authority to choose for our employees, but don’t we forget that we actually have the responsibility to comment, teach, guide and lead our employees. 

Most of the people do vote during the election, but when their employees do nothing, they do nothing too. 



By, Rajah Raqafluz

Cobbold Commission - THE VERDICT

THE VERDICT


The Cobbold Commission published its findings in Report of the Commission of Enquiry, North Borneo and Sarawak in August 1962. The report did acknowledge that “there are large sections of the population in the interior who have no real appreciation of the Malaysia proposals”.

Overall, the results of the commission were summarized as follows:

“About one-third of the population ... strongly favours early realisation of Malaysia without too much concern about terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards varying in nature and extent ... The remaining third is divided between those who insist on independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come."

There was no real referendum, in fact no referendum at all, and these figures are too vague upon which to have drawn any conclusions.

Cobbold expressed a cautionary note:

“It is a necessary condition that, from the outset, Malaysia should be regarded by all concerned as an association of partners, combining in the common interests to create a new nation but retaining their own individualities. If any idea were to take root that Malaysia would involve a take-over’ of the Borneo territories by the Federation of Malaya and the submersion of the individualities of North Borneo and Sarawak, Malaysia would not, in my judgement, be generally acceptable or successful.” 

Unfortunately that is what has come about and that is the situation we are in right now.

An Inter-Governmental Committee, as recommended by the Cobbold Commission, was set-up. It was on the committee that the details of constitutional arrangements incorporating the conditions and safeguards for North Borneo and Sarawak – as negotiated by their leaders – were worked out. Jugah and Mustapha played pivotal roles as representatives of Sarawak.

How could an uneducated Iban and a Malay collaborator with the British negotiate anything on behalf of Sarawak?

The pertinent safeguards include: religious freedom, status of the English language, immigration, land, represented in the federal House of Representatives and Senate, special status and privileges of indigenous, and disbursement of development grants.

Local council elections were held in June 1963. The elections, to all intents and purposes, were a referendum on the issue of Sarawak’s entry into Malaysia.

The Sarawak Alliance formed in August 1962 comprising of Panas, Barjasa, Pesaka, SCA, and SNAP won on a pro-Malaysia stance. But despite standing on an anti-Malaysia platform and facing allegations of being infiltrated by Leftist elements, SUPP managed a commendable showing.

Owing to pressure from the Philippines and Indonesia, another assessment of public opinion and a verification of the electoral results of December 1962 in North Borneo and of June 1963 in Sarawak were undertaken by the United Nations Malaysia Mission headed by Laurence Michelmore. The mission conducted its duties from Aug 16 to Sept 5, 1963. Once again the opinions of the general population of Sarawak were consulted on the issue of Malaysia.

The United Nations Malaysia Mission Report made public on Sept 13, 1963, confirmed that the entry in the proposed Federation of Malaysia was “... the ‘result’ of the freely expressed wishes of the territory’s peoples acting with full knowledge of the change in their status, their wishes having expressed through informed and democratic processes, impartially conducted and based on universal adult suffrage”.

Nonsense! There was no such thing in those days and even today the electoral process is dubious and fraught with fraud and unethical practices committed by Taib Mahmud and the BN government. A truly independent referendum held today completely uninfluenced by the Malayans or the BN regime and their corrupt practices would show an overwhelming majority of Sarawakians wanting out of Malaysia.

Therefore, on Sept 16, 1963, Sarawak "achieved" its independence through Malaysia – and a new chapter in its history began. 

A chapter of a change of colonial master from the British to the Malayans.



By, Rajah Raqafluz

The fiction of "Communism and Predatory neighbors" - TRICKY FORMATION OF MALAYSIA FEDERATION



By the later half of 1961 British Prime Minister Harold MacMillan (1957-1963) had given full support to the Malaysia proposal. The two-step process (Borneo Federation then Malaysia) was discarded.

In January 1962 a White Paper was published and European District Officers were instructed to emphasize to the local inhabitants the advantages of entry into Malaysia as against the uncertainties of the future, the dangers of communism, and the perils of predatory alien neighbors (Sukarno’s Indonesia). 

In a nutshell, the White Tuan “advised” the people that Malaysia “is good for you”.


A Commission of Enquiry chaired by Lord Cobbold was entrusted with the task of ascertaining the opinion of the general population in North Borneo and Sarawak on the Malaysia proposal.

The Cobbold Commission could not be said to represent a neutral body – three of its five members, including the chairman, were nominees of the British Government and the remaining two were nominated by the Malayan Government. 

Again, that being the case, its findings must be suspected.

The commission held hearings in camera (in order that the people shall speak openly) between Feb 19 and April 17, 1962. Members of the commission also attended to some 1,600 letters and memoranda submitted by individuals, organizations, and political parties.

Barang konuan, Tuan” (Whatever you say, sir) was the reply of a Dayak to a question posed by Lord Cobbold. This response singularly represented the perplexed state of mind for the majority of Sarawak’s indigenous inhabitants when asked about the Malaysia proposal.

As pointed out by Puan Tra Zahnder, a member of Council Negri, most of the native population, “appear to know nothing or little about (the) Malaysia (proposal) but agree to it because they have been told that Malaysia is good for them.”

Ignorance was bliss, but certainly not any more.



By, Rajah Raqafluz

Reality in Sabah...please make sense of your argument.

This was all part of the con-game - "MALAYSIA"

THAT FOREIGN POWER WAS AND STILL IS MALAYA. 


But following the digestion of further explanations from Tunku, who paid brief visits to Sarawak in July-August 1961, those who initially were skeptical or had reservations were won over. Moreover, urged by Mustapha, Tunku invited leaders from Sarawak and North Borneo to visit Malaya on a fact-finding mission.

This was all part of the con-game, but Sarawakian leaders and most Sarawakians themselves didn't realize it then.

The Borneo visitors were awed by Kuala Lumpur and were especially impressed with the Malayan Government’s achievements in rural development. Many returned convinced that entry into Malaysia was a good idea. Meanwhile, Waddell had sent local Sarawak leaders (members of Council Negri) to participate in the Commonwealth Parliamentary Association Conference in Singapore in July 1961. At this forum the Sarawak leaders had the opportunity to discuss the Malaysia proposal face-to-face with their Malayan and Singaporean counterparts.

Little did they realize that Malaya had then reached the limit of its economic resources and required a new pool of resources upon which to further develop itself, and which was to be provided by Sarawak and Sabah at their own expense and to their own detriment.

It was here that Sarawak leaders began to emphasize the need for conditions in the form of safeguards to protect the rights and interests of the peoples of Sarawak. Consequently, it dawned on the Sarawak leaders that they were directly involved in the deliberation of the fate of the territory – Sarawak – that they had long called their home. This awakening of political consciousness was further developed in the follow-up discussions at the Malaysia Solidarity Consultative Committee which held meetings between August 1961 and February 1962.

One of the main safeguards which they forgot was to keep their petroleum resources for themselves. The Malayans were glad to be silent on this, since they knew that under international law, offshore petroleum resources belonged to the federal government.


The growth of political awareness among the leaders of Sarawak accelerated the formation of political parties and the development of party politics. Prior to the Tunku’s announcement in May 1961, only two political parties existed: the Sarawak United People’s Party (SUPP) established in June 1959, and Party Negara Sarawak (Panas) in April 1960.

By the time local council elections were held in June 1963, four more parties were established, namely Sarawak National Party (SNAP, April 1961), Barisan Rakyat Jati Sarawak (Barjasa, December 1961), Sarawak Chinese Association (SCA, July 1962), and Party Pesaka Anak Sarawak (Pesaka, August 1962).

The political parties, despite claims by some to be multi-ethnic, were established on communal and geographical lines. All political parties adopted a pro-Malaysia stance except SUPP, which preferred self-government, Borneo Federation, and only then Malaysia.

And so, the political parties took the pros and cons of the Malaysia proposal to the kampungs and longhouses.

The Malay-Muslim communities (Malays and Muslim Melanaus) although split into two camps – Panas led by the traditional Kuching elite and Barjasa by the intelligentsia of the Sibu area – in general supported Malaysia. However, Malay-Muslim groups in Miri, Limbang and Lawas, together with the Kedayans, rejected Malaysia; instead they shared Azahari’s and the PRB’s aspirations.

Traditional Iban leaders of the Rejang led by Jugah (Pesaka’s leader) were partial to Malaysia.

Stephen Kalong Ningkan and his better-educated colleagues from Simanggang and the Saribas area stressed safeguards and conditions in considering Malaysia.

The Kayans and Kenyahs opposed Malaysia. They were apprehensive of being dominated by their traditional enemies, the Ibans.

The Chinese in SUPP that were influenced by Leftist elements forcefully rejected the Malaysia proposal as a neo-colonial scheme designed to perpetuate British hegemony in South-East Asia. Malay, Iban and Bidayuh members of SUPP also towed the party line.

In reality it was a scheme cooked up by the Malayans to replace British hegemony with Malayan hegemony.

The SCA was a refuge for those Chinese who thought Malaysia was advantageous to Sarawak’s economy. But among the large majority of Sarawak’s multi-ethnic inhabitants, in particular those in the rural districts, there was little understanding of the Malaysia proposal and its implications.

This being the case, could there be any real acceptance by the majority of Sarawakians?


Credits: Borneo Wiki

By, Rajah Raqafluz

Ada baiknya kaji semula semua MyKad di Sabah dan buat yang baru menggunakan IC Sabah - DATUK DR. JEFFREY KITINGAN


Datuk Dr. Jeffrey Kitingan is the Chairman of STAR Sabah and State Assemblymen for N33, Bingkor, Sabah.
He also contested in P180, Keningau garnering 11900 strong votes
"Security Guard yang merompak kedai emas di Setapak, Kuala Lumpur BUKAN orang Bingkor tetapi menggunakan IC milik HIKMAN JACOB ABIN berasal dari Kg Sandapak, Bingkor yang pernah hilang tetapi sudah digantikan dengan IC yang baru. 

Setelah disiasat didapati bahawa Hikman Jacob Abin yang sebenar sedang berkerja di Sandakan sewaktu kejadian berlaku. Persoalannya, kenapa ada dua orang boleh memegang IC yang sama dan kenapa ini tidak dikesan? 

Kenapa sekarang kerajaan/JPN mengesahkan IC ini palsu? Kalau palsu, kenapa boleh diguna melepasi imigresen dan mendapat kerja sebagai security guard? Adakah ini satu daripada ribuan PTI di Sabah? 

Ada baiknya kaji semula semua MyKad di Sabah dan buat yang baru menggunakan IC Sabah" ~ 

Datuk Dr Jeffrey G Kitingan.

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