The Merdeka Day, Malaysia Day conundrum: A historical argument

IT is an open secret that many people in Malaya still remain blissfully unaware that Malaysia blossomed from an equal partnership of Sabah, Sarawak and Malaya. For many in the Peninsula, Malaysia means Malaya that got its Independence on Aug 31, 1957.

Sabahans and Sarawakians have experienced this phenomenon on the other side of the South China Sea. Don’t take my word for it. Just ask around.

It has been 58 years since Malaysia Day, which happened on Sept 16, 1963. Not surprisingly, academicians in Malaya for one have generally argued – probably on behalf of local politicians – that people in the Borneo territories should celebrate Merdeka (Aug 31) as the National Day of Independence.

The same academicians do not explain why people in Malaya, except for Sabahans and Sarawakians there, do not celebrate Malaysia Day.

No state in Malaya, including the Federal Government, celebrates Malaysia Day.

The national celebration of Malaysia Day since 2010 has always been alternated between Sabah and Sarawak. Malaysia Day was celebration was “banned” before 2010 to avoid “confusion”.

Sabah Day

Sabahans have in recent years observed Aug 31, but as a reference to 1963, as Sabah Day. They have stopped mentioning Merdeka Day.

Unlike Malaya, Sabah and Sarawak only became British crown colonies after World War II in 1945. The British then promised to restore Sarawak’s independence.

Sabah, before the Japanese Occupation, was run by the British North Borneo Chartered Company, which sold the territory to the Colonial Office in London for 1.2 million pounds.

Sarawakians have in recent years celebrated July 22, a reference to 1963, as Sarawak Freedom Day. They see no reason to join in the Merdeka Day joy in Malaya. The last British Governor of Sarawak, Alexander Waddell, in fact left the territory on Sept 15, 1963. In Sabah, William Goode, the last British Governor left North Borneo on Sept 16, 1963.

So, East Malaysians do not see the parallels that academicians in Malaya make between Merdeka Day on Aug 31, 1957 and America’s Independence (July 4, 1776) when 13 colonies in America unilaterally declared independence from Britain.

Although America expanded from coast to coast, Atlantic to the Pacific, July 4 remains America’s national Independence Day.

But there are some problems with the parallel theory.

For one, it was the people in the 13 ex-British colonies who went westwards and settled on the land. So, they continued to celebrate July 4. They were joined in later years by immigrants who had no reason not to celebrate July 4.

Washington purchased Alaska from the Russian Empire on Oct 18, 1867 for US$7.2mil. Moscow felt that the territory was too difficult to defend.

The US purchased Louisiana from France in 1803 for US$15mil and the Hawaiian Islands were officially annexed on July 12, 1898.

So, July 4 remained through all these developments as the new territories were organised and incorporated in the US.

As for East Malaysia, although organised, were unincorporated in the Federation as defined under Article 160(2) of the Federal Constitution. By law, they are territories, not states as in Malaya. The Malaysia Agreement 1963 (MA63) remains the basis for the equal partnership of Sabah, Sarawak and Malaya in Malaysia.

Malaysia under MA63 is not the Federation as stipulated under Article 160(2), although it was said that the word Malaya would no longer be used after Malaysia Day.

Again, Malaysia under Article 160(2) of the Federal Constitution, refers to the Federation of Malaya Agreement 1948 which was reinforced by the Federation of Malaya Independence Act 1957. Sabah, and Sarawak, are not party to the 1948 Agreement and 1957 Act.

The British did not pass self-government and independence Acts for Sabah and Sarawak before they left.

On the other hand, Singapore was given self-government rights in 1959, merged with Malaya in 1963 under MA63 and obtained independence from Malaysia on Aug 10, 1965 under the Singapore Separation Act. Malaya became self-governing in 1955. – Aug 31, 2021.

 

Joe Fernandez is a longtime Borneo watcher and a regular FocusM contributor.

The views expressed are solely of the author and do not necessarily reflect those of Focus Malaysia.

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