SOME 10 pro-independence and state rights activists from Sabah and Sarawak said they would settle questions about the Malaysia Agreement 1963 (MA63) and the position of both states in the Federation of Malaysia at the International Court of Justice (ICJ) in the Netherlands.

They said they were seeking a comprehensive examination of the legality and validity of the MA63.

The group includes the Borneo’s Plight in Malaysia Foundation, the Sabah Sarawak Rights Australia New Zealand, Gindol Initiative for Civil Society Borneo, Sarawak People’s Aspiration Party and International Coalition of Natives.

The activists said the first issue they wanted the court to examine was if the MA63 was a validly made international treaty.

“In particular, the court should also examine whether the process of making MA63 to facilitate the integration of North Borneo (Sabah) and Sarawak with Singapore into the Malayan Federation was inconsistent with the people’s inalienable right to independence first, as promised by the UK in 1946,” they said in a statement.

The second question they were posing to the court was if the terms of the MA63, if they were valid, have been fully adhered to.

They dismissed suggestions the issue should be addressed by Malaysian courts.

“In seeking a just and impartial solution to this matter, we respectfully disagree with the suggestion.

“Given the international nature of MA63, we believe it is essential to take this matter to the International Court of Justice, a recognised international tribunal dedicated to settling disputes between nations,” the group said.

It said an impartial international body like the ICJ is well-suited to assess whether MA63 was validly established.

“We intend to seek a comprehensive examination of the legality and validity of the MA63. We are committed to ensuring a thorough evaluation of whether all parties involved have faithfully adhered to the terms and obligations set in MA63.

“This includes a review of compliance with the spirit and letter of the agreement.”

The activists said by going to the ICJ, they were acknowledging the importance of upholding impartiality in dispute resolution processes.

“An international forum like the ICJ can help address concerns about potential biases and contribute to a more transparent and equitable resolution.

“In our pursuit of justice and clarity regarding the status of Sabah and Sarawak, we believe turning to the ICJ is a responsible and constructive step forward.

“It is our hope that all parties involved will support this endeavour as we seek a fair and internationally recognised solution,” they said. – October 4, 2023.