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Friday 8 March 2013

Gov't has much to explain on Lahad Datu

The recent armed intrusion into Lahad Datu was an attack on our sovereignty. We simply had no choice but to strengthen our position which unfortunately caused loss of lives.

Their undetected arrival into our jurisdiction has caused and given rise to many concerns. They managed to fool our authorities, security and intelligence.

The self-proclaimed Sultan of Sulu is to be held responsible and answerable for this dangerous crime and assault on Malaysia.

While the government has assured that national security is always a priority the present condition must be carefully monitored and watched so that it does not escalate to another dangerous level.

There are many questions the government must answer. An explanation is necessary so that the public will be well informed of the situation there and to avoid a state of panic in Malaysia.

The general public is ready to provide full co-operation to maintain law and order. However, how will the authorities handle or prepare for retaliation from remnants of the group after they were decimated?

While the attempt to capture Sabah is a futile act they may launch sporadic attacks in future.

While we sympathise with the families of the fallen heroes and that they will not be forgotten we as Malaysians demand that the government must provide satisfactory explanations to the following critical questions:

  • How did the armed intruders enter our shores without the knowledge of our navy?
  • What has happened to our domestic and regional intelligence services?
  • Who has been providing the self-proclaimed sultan of Sulu arms?
  • Who is providing guerrilla training for the armed intruders in Sulu?

These are very serious questions that the government must take immediate efforts to answer for our national security is currently at stake.

As Malaysians we remind the government that there shall be no negotiations with the armed intruders. Any armed presence by intruders into our territory or jurisdiction is an ‘act of war'.

It is imperative at this most pressing moment that the government must announce that the sultan of Sulu and his gunmen's are militants and are wanted criminals.

While the accusations may be serious it is legitimate and necessary.

We further urge that the government of Malaysia take drastic measures to severe all diplomatic ties if any with the sultan of Sulu and with the Moro Islamic Liberation Front with immediate effect.

It is absolutely silly and stupid for the sultan of Sulu to say "it wasn't an invasion but a homecoming".

The sultan has no legal or beneficial right to reassert ownership over Sabah any more.

It must be noted this unilateral inhumane and barbaric action violated the spirit of the original lease agreement and the Philippines must act with caution and not further deteriorate the good diplomatic relationship between the two sovereign states.

It is a misconception to say that we are not at war instead it is an intrusion.

A statement of that sort would purely compromise our position and the circumstances has warranted us to take aggressive and offensive steps and we Malaysians further demand that the government of Malaysia should extradite the self-proclaimed sultan of Sulu to stand trial in Malaysia for treason, invasion and murder.

R KENGADHARAN is a lawyer and ex-ISA detainee.

5 comments:

Anonymous said...

The Sulu Sultanate does not have a legal standing to claim Sabah because they do not have a nation of their own. Sulu is part of modern day Philippines.

Bar Council’s Constitutional Law Committee Chairman Syahredzan Johan said Sabahans had used their right to self determination and their choice was documented in the findings of the Cobbold Commission 1962. In 1963 Malaya, Sabah, Sarawak and Singapore formed the Malaysia.

Anonymous said...

“If there’s one argument, linked to human rights, democracy and yes, our Constitution, it would be the basic right of self-determination.

“The people of Sabah, have manifested their desire to join Sarawak and Malaya in the formation of the Federation of Malaysia. This was the finding of the Cobbold Commission in 1962. Thus, Sabah, Sarawak and Malaya formed Malaysia, and the Federal Constitution of Malaysia was born.

Anonymous said...

“So, unless it can be shown, either by referendum or by an expression in the state assembly, that Sabahans want to be governed by the Philippines, then I do not think that the Philippines can legitimately claim Sabah as their own,” said Syahredzan.

Claims over Sabah by the Philippines had contributed to the Confrontation in the 1960s. In 1976 President Ferdinand Marcos announced that Philippines was dropping its claims over Sabah.

Anonymous said...

In 1987 the Philippines amended their constitution and dropped the phrase “by historical and legal rights” as part of the definition of the national territory.

Senate Bill No. 206 also redefined the boundaries of the Philippines archipelago by amending Republic Acts 5546 where it excluded Sabah from its territory.

Previous cases of territorial disputes involving Malaysia point out the continued administration of the disputed territory is a major factor that is taken into account by the ICJ.

Anonymous said...

A case in the past decade is the Sipadan and Ligitan islands dispute in Sabah.

On Dec17, 2002 ICJ concluded that sovereignty of Sipadan and Ligitan islands belonged to Malaysia based on English East Indies Company’s administration as early as 1917 and the construction of light houses in both islands by the Malaysian authorities in 1962.

The dispute for the two islands originated in 1969 when the two countries negotiated to delimit the common border of their continental shelf. The two islands’ were however left out in the border agreement.