www.sabar.org.my 1 facebook.com/sabar.org news etter. February, 2025 www.sabar.org.my facebook.com/sabar.org For members only About SABAR SABAR is a non-political and non-religious entity in Sabah that educates people about Malaysia’s historical formation, conducts research on the Malaysia Agreement 1963, takes legal action to protect Sabah’s rights, and supports government initiatives for unity and social justice. NEWSLETTER MAIN HIGHLIGHTS • A Message from the Trustees and Chairman of the Board of Directors • The Trustees, Board of Directors and Chairs • Press conference on the Borneo States symposium resolutions • Visit to Borneo History Center led by Datuk Zainie Abdul Aucasa • Session with the Institute for Development Studies (IDS) • Second visit to Borneo History Center led by Deputy Chairman Datuk Joanna Kitingan • Meeting of the Trustees • SABAR celebrates Christmas and New Year with meaningful milestones and launching of E-Archives and also SABAR official song • Courtesy visit to Ministry of Science, Technology & Innovation Sabah • Understanding MA63: A Call to action for Sabahans by Trustee Jeyan Marimuttu • Premier Special Dinner Talk by Tan Sri Tommy Thomas, former AG of Malaysia • Public Forum: Borneonisation & Labour Law • At the Kota Kinabalu High Court
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 2 facebook.com/sabar.org A MESSAGE FROM THE TRUSTEES Dr. Henry Chok On behalf of SABAR Trustees, I wish all members, friends, and supporters a Happy New Year 2025. A new year and a new beginning for a Better Sabah - Better Malaysia. I would like to take this opportunity to extend my heartfelt gratitude to each and every one of you for your unwavering support and dedication to SABAR. Your commitment to our cause has been instrumental in driving our efforts forward. A special thank you goes to Datuk Zainie Abdul Aucasa, the Chairman of the Board, and his exceptional team for their tireless work on various projects and activities. Your leadership and dedication have been pivotal in advancing our mission. Congratulations to the entire SABAR team for successfully publishing another issue of our newsletter! Your hard work and dedication in keeping our members informed and engaged are truly commendable. SABAR remains steadfast in its objective of promoting awareness about the Malaysia Agreement 1963 (MA63). It is crucial for all Sabahans to understand the significance of this agreement and the rights it guarantees. Our collective efforts are aimed at ensuring that these rights are recognised and upheld. As we continue our journey, it is imperative that we regain our rights to decide our future as an equal partner in the formation of Malaysia. This is not just a matter of legal and political importance but a fundamental aspect of our identity and autonomy. I call upon all members to actively participate and get involved in promoting SABAR, especially within our rural communities. Your engagement is vital in spreading our message and rallying support for our cause. Together, we can unite all peoples in Sabah by fostering a sense of community and shared purpose. Let us work hand in hand to build a future where the aspirations of Sabahans are recognised and our rights are upheld. Thank you once again for your continued support and dedication in our pursuit for a Better Sabah - Better Malaysia.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 3 facebook.com/sabar.org A MESSAGE FROM THE CHAIRMAN OF THE BOARD As we conclude 2024, I would like to take this opportunity to reflect on SABAR’s significant strides in advocating for the rights of Sabahans and reinforcing our collective mission to uphold justice and historical integrity. Key Milestones and Events in 2024/25 One of our major ongoing initiatives is the legal challenge to the Territorial Sea Act 2012. Congratulations to Roland Cheng and team on the favorable court ruling regarding the issue of locus standi. This ruling pertains to the applicability of Article 128(1)(b) of the Federal Constitution, allowing SABAR, as an NGO, to challenge the constitutionality of the Territorial Sea Act 2012. February 27th, 2025 marks a historic date for us in SABAR and Sabah, in general. In addition to our legal battles, SABAR has actively engaged in preserving Sabah’s history and fostering intellectual discourse. During our Christmas and New Year celebrations, we proudly signed a Memorandum of Understanding with the Borneo History Center. This collaboration will establish a structured framework to document and safeguard historical records, ensuring future generations understand and appreciate Sabah’s rich heritage. On January 17th, 2025, we hosted “The Formation of Malaysia Revisited” at the Grand Ballroom, ShangriLa’s Tanjung Aru Resort & Spa, Kota Kinabalu. This landmark event featured a distinguished talk by Tan Sri Tommy Thomas, former Federal Attorney General, and provided invaluable insights into the history and foundational principles of Malaysia. We are grateful to all attendees who contributed to this important dialogue, especially the younger generation, who play a crucial role in shaping Sabah’s future. SABAR also took the lead in addressing labor rights and civil service policies through our Public Forum on Borneonisation & Labour Law on January 25, 2025, at the Tanjung Aru State Library. This forum brought together key stakeholders to discuss the enforcement of Borneonisation in the civil service and labor rights, reinforcing our commitment to ensuring fair treatment and opportunities for all Sabahans. Datuk Zainie Abdul Aucasa
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 4 facebook.com/sabar.org Looking Ahead to 2025 As we move into 2025, SABAR is dedicated to amplifying grassroots engagement through town halls, podcasts, and the Sabah Symposium - all of which will be completed before July. Topics covered would be on education, healthcare, public infrastructure, and good governance. It is imperative that we continue to push for policies that reflect the needs and aspirations of Sabahans. I urge all SABAR members to actively participate and extend our reach, particularly within our rural communities. Your involvement is crucial in spreading awareness, strengthening our movement, and securing broader support for our cause. Together, let us unite the people of Sabah in a shared vision of justice, equity, and self-determination. Through our collective efforts, we can build a future where the rights and aspirations of all Sabahans are recognized and upheld. Thank you to all members for your continuing support. Thank you all members of the BOD and Chair. Wishing you all a meaningful and prosperous year ahead.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 5 facebook.com/sabar.org TRUSTEES, BOARD & CHAIRS Datuk Ujang Sulani Datuk Zainie Abdul Aucasa Patricia Poh Secretary Dr. Henry Chok Jeyan Marimuttu John Baxter
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 6 facebook.com/sabar.org BOARD OF DIRECTORS Datuk Zainie Abdul Aucasa Chairman Datuk Joanna Kitingan Vice Chairman, Membership Development Majella Tan Marquez Special Issues, Research & Recording Sakinolin Mohamad Secretary Datuk Kamaruzamman Abdul Salleh Chair Borneonisation and Labour Law Committee, Public Engagement Cecelia Matuya Treasurer, Fund Raising Michael Tong Good Governance & Efficiency
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 7 facebook.com/sabar.org COMMITTEE CHAIRS Hapsah Markati Flores Economic Upliftment Hanna Ghani-Loh Social Media & Administration Mohd Fadhli Darmanshah Legal Aid Dr Felice Huang Health & Social Care Esther Lee Education Ben Magallanes Event Management Edna Sung Burongoh Tourism, Environment & Agriculture (TEA)
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 8 facebook.com/sabar.org 19.10.2024, PRESS CONFERENCE ON THE BORNEO STATES SYMPOSIUM RESOLUTIONS
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 9 facebook.com/sabar.org 25.10.2024, MEETING WITH SOME FOUNDING MEMBERS Meeting with some founding members who decided to publish a book in conjunction with SABAR’S forthcoming 5th anniversary
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 10 facebook.com/sabar.org 28.11.2024, VISIT TO BORNEO HISTORY CENTER Shari presented a brief introduction on the Borneo History Centre and toured us to view his voluminous archival records collection which he had acquired to aid searchers and researchers and also made available in digital format which would soon be available online after SABAR’s MOU with Shari Jeffri in preparation with SABAR’s e-Archives. On 28th November 2024, the delegation led by Datuk Zainie Abdul Aucasa, Chairman of the Board, SABAR Trustee John Baxter and several Chair of committees visited one of SABAR’s Chartered and Life Member cum hidden historian who is none other then Shari Jeffri at his Hilltop residence.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 11 facebook.com/sabar.org 14.12.2024, BOARD MEETING 16.2.2025, BOARD MEETING
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 12 facebook.com/sabar.org 16.12.2024, SESSION WITH INSTITUTE FOR DEVELOPMENT STUDIES (IDS)
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 13 facebook.com/sabar.org 18.12.2024, SECOND VISIT TO BORNEO HISTORY CENTER
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 14 facebook.com/sabar.org 29.12.2024, MEETING OF THE TRUSTEES
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 15 facebook.com/sabar.org 4.1.2025, SABAR CELEBRATES CHRISTMAS AND NEW YEAR WITH MEANINGFUL MILESTONES The Sabah Action Body Advocation Rights (SABAR) hosted its annual Christmas cum New Year 2025 Lunch Fellowship, blending festive cheer with significant milestones in its mission to document and preserve Sabah’s history. Held at E-West Restaurant, Luyang, the event brought together SABAR members, collaborators, and supporters for a meaningful celebration of progress and partnerships.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 16 facebook.com/sabar.org A key highlight of the event was the launch of SABAR’s E-Archives, a groundbreaking digital platform designed to preserve and share Sabah’s historical records. This initiative aims to make critical historical documents accessible to the public, ensuring that the stories and struggles of Sabah’s past remain alive for future generations. SABAR Chairman Datuk Zainie Abdul Aucasa emphasized the importance of the E-Archives in empowering Sabahans to better understand their history. “This platform is a step forward in documenting our heritage and providing a resource for research and education,” he stated.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 17 facebook.com/sabar.org The MOU establishes a framework for joint efforts to: • Document and preserve Sabah’s historical records. • Promote educational and public awareness of Sabah’s history, including its role in the formation of Malaysia and the Malaysia Agreement 1963 (MA63). • Collaborate on research, publications, and events to deepen understanding of Sabah’s historical context. • Share resources and findings through both organizations’ networks. This partnership is expected to enhance efforts to educate the public and advocate for the preservation of Sabah’s historical legacy. In another significant moment, SABAR formalized its collaboration with the Borneo History Center through the signing of a Memorandum of Understanding (MOU). Datuk Zainie Abdul Aucasa signed on behalf of SABAR, while En. Shari Jeffri represented the Borneo History Center. The signing was witnessed by SABAR Trustees and representatives of the Borneo History Center.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 18 facebook.com/sabar.org Unveiling SABAR’s Song Adding a creative touch to the occasion, SABAR launched its official song, a heartfelt tribute to the movement’s mission and values. The song’s contributors were recognized for their efforts in bringing this project to life: 1. Majella Marjorie Tan – Initiator 2. Esther Lee – Melody Creator 3. Hapsah Markati Flores – Lyrics Producer 4. Ian Baxter – Music Arranger 5. Gary Sinn – Singer 6. Mr. Lee Yen Phin – Sponsor of the Song Video The song not only celebrates SABAR’s work but also serves as an anthem for unity and cultural pride.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 19 facebook.com/sabar.org The Christmas cum New Year Lunch Fellowship was a testament to SABAR’s unwavering commitment to its mission. The launch of the E-Archives and SABAR’s Song, along with the MOU with the Borneo History Center, mark critical steps forward in preserving Sabah’s history and promoting public awareness. As SABAR continues to document, educate, and advocate, its initiatives are expected to inspire greater unity, harmony, and social justice in Sabah and Malaysia. The event concluded with a sense of optimism and shared purpose, setting the tone for a productive year ahead. https://www.youtube.com/watch?v=83AU4bmBzCs SABAR (Sabah Action Body Advocating Rights) Official Song: The Beacon of Hope
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 20 facebook.com/sabar.org 10.1.2025, COURTESY VISIT TO MINISTRY OF SCIENCE, TECHNOLOGY & INNOVATION SABAH Courtesy call to Permanent Secretary of Kementerian Sains Teknologi dan Inovasi, Sabah (Ministry of Science, Technology & Innovation Sabah) Datuk Mohd. Hanafiah bin Mohd. Kassim.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 21 facebook.com/sabar.org 16.1.2025, UNDERSTANDING MA63: A CALL TO ACTION FOR SABAHANS BY TRUSTEE JEYAN MARIMUTTU
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 22 facebook.com/sabar.org 17.1.2025, PREMIER SPECIAL DINNER TALK BY TAN SRI TOMMY THOMAS, FORMER AG OF MALAYSIA
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 23 facebook.com/sabar.org THE FORMATION OF MALAYSIA REVISITED KOTA KINABALU | 17 January 2025 Datuk Seri Panglima Dr. Jeffrey G. Kitingan attended the forum “The Formation of Malaysia Revisited”, presented by Tan Sri Tommy Thomas and organized by the Sabah Action Body Advocating Rights (SABAR) at Shangri-La’s Tanjung Aru Resort & Spa today. His arrival was welcomed and accompanied by the Chairman of SABAR, Datuk Zainie Abdul Aucasa. During the forum, Tan Sri Tommy shared several aspects of Malaysia’s formation history that are rarely heard or have never been heard by most people. One key revelation was the fact that a public vote or referendum was never conducted.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 24 facebook.com/sabar.org Federalism or Confederation? During the Q&A session, Jeffrey questioned whether Malaysia is a federation or a confederation, based on Article 1 of the Malaysia Agreement (MA63), which differs from the statement in the Malaysia Declaration on 16 September 1963. He pointed out that MA63 was signed on 9 July 1963, when Sabah, Sarawak, and Singapore were still British colonies. Referring to Article I of the Agreement Relating to Malaysia, he highlighted: “The Colonies of North Borneo and Sarawak and the State of Singapore shall be federated with the existing States of the Federation of Malaya as the Sabah, Sarawak, and Singapore in accordance with the constitutional instruments annexed to this Agreement and the Federation shall thereafter be called ‘Malaysia’.” This means that North Borneo (Sabah), Sarawak, and Singapore were to be merged with the existing states of Malaya under a federation called “Malaysia”. However, after 9 July 1963, there was a shift in status, as Singapore’s independence was proclaimed by Lee Kuan Yew on 31 August 1963 - meaning that Sabah, Sarawak, and Singapore had self-governance and independence before the Malaysia Proclamation on 16 September 1963. Quoting from the Proclamation of Malaysia, Jeffrey emphasized: “... it was agreed that there shall be federated the States of Sabah, Sarawak, and Singapore with the Federation of Malaya...” He then raised the fundamental question: • Is Malaysia a federation, which means a union of states or territories under a central government? • Or is it a confederation, where independent states (Sabah, Sarawak, Singapore, and Malaya) voluntarily cooperate under an agreement?
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 25 facebook.com/sabar.org Difference in Malaysia’s Name Jeffrey further highlighted that a circular from the Chief Secretary to the Government dated 30 August 1963 explicitly stated that the name of the new federation is MALAYSIA, not “Federation of Malaysia”. Among the prominent guests who attended were: • YB Datuk Seri Panglima Yong Teck Lee • YB Datuk Madius Tangau • YB Datuk James Ratib • Datuk Brandon Soh • Datuk Mohd Hanafiah bin Mohd. Kassim • Datuk Richard Yong We Kong • YB Frankie Poon • Datuk Ujang Selani • Datuk Johan Ariffin • John Baxter This forum provided an in-depth discussion on Malaysia’s formation and its implications on Sabah and Sarawak’s rights and political status.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 26 facebook.com/sabar.org
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 27 facebook.com/sabar.org Objectives of the Forum and Dialogue The primary goal of the forum is to disseminate facts and foster dialogue on the Borneonisation of the Sabah Federal Civil Service and the integration of Labour Laws into the State Legislative List. This initiative aims to raise awareness among the general public and stakeholders regarding the following critical issues: • Implementation of Borneonisation • Current Representation in the Civil Service • Labour as a State Matter 25.1.2025, PUBLIC FORUM: BORNEONISATION & LABOUR LAW Addressing the Borneonisation of the civil service and integrating labor into Sabah’s legislative domain are essential steps toward equitable governance and representation. These reforms would empower Sabah to address its unique challenges while reinforcing the principles of true federalism in Malaysia. The forum serves as a vital platform to catalyze these discussions and advocate for meaningful change.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 28 facebook.com/sabar.org The Speakers were Mr Sukumaran Vanugopal (JP, LLB), Mr Yap Cheen Boon (President of Sabah Employer Association, SEA), Mdm Margaret Chin Sat Peng (MTUC Sabah Division Vice Chair), and Ybhg Datuk Mohd Hanafiah bin Mohd Kassim (Permanent Secretary, Ministry of Science, Technology and Innovation Sabah), as the moderator for the Forum.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 29 facebook.com/sabar.org 22.11.2024, AT THE KOTA KINABALU HIGH COURT Hearing on the legal challenge to the Territorial Sea Act 2012, initiated by the Sabah Action Body Advocating Rights (SABAR), took place on November 22, 2024, at 10:00 AM at the Kota Kinabalu High Court.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 30 facebook.com/sabar.org 6.12.2024, AT THE KOTA KINABALU HIGH COURT 27.2.2025, AT THE KOTA KINABALU HIGH COURT Congratulations to Roland Cheng and team on the favorable court ruling regarding the issue of locus standi. This ruling pertains to the applicability of Article 128(1)(b) of the Federal Constitution, allowing SABAR, as an NGO, to challenge the constitutionality of the Territorial Sea Act 2012. This historic day happened on February 27th, 2025.
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 31 facebook.com/sabar.org
SABAR SABAH ACTION BODY ADVOCATING RIGHTS www.sabar.org.my 32 facebook.com/sabar.org ACKNOWLEDGEMENT The Editorial team wishes to thank everyone for their contributions of articles and pictures as well as advice and support towards this publication. We apologize for any shortcomings in this publication. Contact Us Phone Number: +60 111 6005366 / +60 16 2170466 Email: [email protected] Website: www.sabar.org.my Facebook.com/sabar.org