Police Report on our security and sovereignty-

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MAIN POLICE REPORT
BAHASA MALAYSIA as translated from ENGLISH PROPER below:-
Police Report on our security and sovereignty- CLAIM ON SABAH / INDONESIA CONFRONTATION 16 March 2007


Kami minta Kerajaan kita ambil tindakan dengan segara atas perkara-perkara yang asas iaitu Tuntutan atas Sabah (selalu dihidupkan) dan the Konfrontasi Indonesia (economik dan kelakuan yang tidak diingini termasuk tuntutan Sipadan and Ligitan) yang telah di biarkan oleh Kerajaan berturut-turut selama 44 tahun, Pihak Polis dan Badan Keselamatan ada tangungjawab atas kedua isu mengenalan negara-negara jiran Sabah.
Kita sudah lama tinggal di Sabah melalui zaman yang takutkan, dahsyat, tak harmoni, dan keselamatan sendiri apabila hak asasi manusia kami dilanggarkan semacam senang oleh beberapa pihak dalam sendiri and luar negeri. Kedua isu malangnya telah melahir masaalah besar iaitu "ethnic cleansing" berhubung Projek IC yang berhasilkan "apartheid phenomena" sebagai 'dijatuhkan atau diputarkan' oleh warga yang kurang hak menjadi bumiputra.
Sebab-sebab akal boleh jadi kerana sejarah yang tidak lama apabila Malaysia ditubuhkan pada tahun 1963 dan kita sudah membuang daya upaya supaya dapat mengatasi masalah-masalah luar (iaitu penganasan dan budaya kasar). Kita mengalami banyak kesusahan dan sengsara bagi rakyat tulen tempatan kerana Kerajaan belum ambil tindakan untuk selasai sebab-sebab akal berkenaan.
Sambil Malaysia boleh sangka bahawa Tuntutan atas Sabah oleh Filipin dan Konfrontasi oleh Indonesia adalah tidak relevan, apa kejadian yang kita alami di Sabah vis-a-vis Malaysia boleh di rujuk kepada kedua kejadian yang huduh.
Sungguhpun kita merdeka dengan kedaulatan seperti laku pada 1963, kita sudah malangnya buat bemacam-macam jadinya kita tidak bebas daripada negara jiran. Oleh demikian, bahayanya kita boleh hilang kedaulatan sendiri jikalau kita tidak ambil tindakan yang sewajarnya dengan objektiv dan kerjasamaan dalam era baru di kawasan ini.
Masaalah timbul diantara kumpulan pekerja dan pendatang (sah atau tidak) yang berkenaan, kita perlu menjalankan peraturan yang sewajarnya di tanah air kita kerana banyak kelakuan tidak sah sudah jadi sampai suasana anarki (tanpa Perentah) wujud yang kita harap tidak laku di Sabah.
Kita tahu cabaran-cabaran dan masalah di Sabah berkaitan kedua perkara tetapi tidak apa apa dibuat supaya selasaikannya kecuali nampaknya kita hilang hak kami selama ini kepada negara jiran apabila Perjanjian Malaysia bagi rakyat Sabah di 1963 'dijatuhkan' dalam 44 tahun pura-pura buat di Dewan Undangan Negeri dan di Pilihan Raya yang kurang sah.
Kami sertai dengan laporan ini beberapa muka surat bagi pembangunan dahsyat berkaitan kedua perkara dalam appendis A dan perkara lapan belas bagi siasatan lanjutan (ms ) dengan dokumen di ms . Laporan ini akan di hantar ke Suhakam, Dewan Rakyat, Dewan Undangan Negeri Sabah dan Kerajaan Persekutuan.
ENGLISH VERSION PROPER
We demand the Government of the day to address the pressing fundamental issues namely the Claim on Sabah (regularly revived) and the Indonesian Confrontation (economic and other mutated ugly incidents including that of Sipadan and Ligitan) so often neglected by successive Governments for 44 years. The Police and the security forces have vested interests in the two major issues arising from Sabah's closest neighbours.
(page 1 of 2)Police Report on our security and sovereignty- CLAIM ON SABAH / INDONESIA CONFRONTATION 16 March 2007 (cont'd)We have been living in Sabah through a great deal of fear, danger, disharmony and personal safety when our human rights have been violated so easily from within and without. The two issues have unfortunately given birth to 'ethnic cleansing' in collaboration with the Project IC resulting in 'apartheid phenomenon' as distorted by dubious citizens especially unqualified bumiputra.
The root causes can be attributed to recent history when Malaysia came into existence in 1963 and we have diverted much of our resources to deal with imported problems (gangsterism and lawless culture). We still encounter sufferings for our local genuine people as the Government has not dealt with the underlying root causes.
While Malaysia can assume that the Claim on Sabah by the Philippines and Confrontation by Indonesia are irrelevant, what we go through in Sabah vis-a-vis Malaysia can be identified to those two ugly historic events.
While we may be independent as far as sovereignty is concerned determined in 1963, we have made ourselves dependent on our neighbours at our own security peril and such peril can mean that we may lose our sovereignty if we do not deal with them objectively and mutually in an era of global cooperation in the region.
While grievances prevail as far as workers and migrants (legal and illegal) are concerned, we need to have an orderly conduct of our rights in our homeland in the proper perspectives otherwise the already prevailing 'illegalities" aplenty in all areas would lead to anarchy, the least we would like that to happen in Sabah.
We are all aware of the challenges and the inherent problems in Sabah over these two major issues but nothing much is done to resolve them except that we are losing our rights over the years to our neighbours when the intention of the Malaysia Agreement for the people in Sabah in 1963 is much downgraded for 44 years pretentiously via the State Assembly and the dubious Ballot box repeatedly.
We append with this report a few pages of the frightening developments arising from the two issues in appendix A and 18 items identified for probe (page ) supported by pages .
This report would be submitted to the Human Rights Commission of Malaysia, the Parliament, the State Legislative Assembly and the Federal Government.

Datuk Patrick Sindu President , CASH

Kong Yun Chee @Joshua, Deputy President, CASH

Hashima bte Hasbullah Secretary-General CASH

(NB: This English Version is the basis of this report) jkong823@tm.net.my and justknock7@pd.jaring.my
(page 2 of 2)


[ Last edited by  13Friday at 17-3-2007 09:11 AM ]

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SUPPORTIVE ITEMS to give attention


Claim on Sabah                                                         Appendix A-1
A1        While the Philippines' effort has been in the generation of many versions of opinions in the dubious claim, their effort would not pass the legal hurdle in many aspects based on documentary evidence.   The modus operandi of repeating the dubious claim on Sabah would make themselves and some others to believe that there is basis for such a claim to the detriment of all concerned including themselves across the Sulu Sea.
A2        All those strings of falsehood have created so much sufferings for the Filipinos, the Bangsamoro and Sabahans for 44 years that it is an endless sad pursuit hoping that there is a gold at the end of the rainbow.
A3        The claim is dubious for the following reasons namely locus standi of the claimants be they the Filipino Government or the pretenders to the Sulu Sultanate,  the question of Sovereignty of the portion of North Borneo as claimed, the title to the claimed land or any cession document, the value of amount of currency in 5,000 unit annually, the definition of 'padjak' and two pieces of documents (page   ), and multiply claims due to changes within plus the lapse of entitlement of claim from 1878.
A4        Just to guide ourselves to the reality of the claim, weird circumstances surrounding this issue have been with us since 1963 that brought so much sorrows and tribulations in our midst and the long lists of them is represented by a sample as follows:-
A5        There were many sudden changes to the leaders in the region who had been involved with the birth of the new nation? Diosdado Macapagal (1961-65) lost his Presidency in the Philippines within a few years. The Sultan of Brunei also abdicated in favour of his teenage prince in 1965. Sukarno lost his power in 1965 and with that the Confrontation ceased. The founder of Malaysia also was forced out of power in 1970 after the race riots in the young nation. Singapore also was forced out in 1965 for a sort of power struggle. Do we learn anything from the omen of such sudden changes affecting Sabah? Is that not good enough to send a vivid message of the futility of disturbing the destiny of the people of Sabah?
A6        Other major devastating developments and events are presented here for further investigation:-
A6.1) Tensions flared again in the early 1970s when the largest Muslim separatist group in the Philippines, the Moro National Liberation Front, began to receive material support from the Sabah chief minister, Tun Mustapha. Only after his electoral defeat in 1976 did Malaysian aid to the Philippine rebels cease and bilateral relations begin to improve. (Sabah dispute - http://www.bookrags.com/Sabah_dispute) (page 39 ).   PROBE 1.
A6.2) The Jabida Massacre in 1968 was reported and exposed mainly due to the effort of Benigno Aquino. The Massacre was intended to get rid of evidence of the scheme to attack Sabah but the proposed mission failed to move beyond the shore of the Southern Philippines. Could this unwanted exposure be the reason that Benigno Aquino (page  ) met his assassination on Aug. 21, 1983 at the tarmac on return after a self imposed exile?  PROBE 2 - p 13, 14
A6.3) Tens of thousands of Moro well trained soldiers in Sabah and elsewhere appeared to have sort of disappeared for whatever reasons and this is obvious very costly lessons for the 'claimants' by using intended force.  PROBE 3 - P19, 21
A6.4) In the case of Michael Meiring, an American, there were failed schemes arranged in the Philippines to invade Sabah in the period 1990/1991 by mercenaries after incurring millions US$ of slush funds. Michael was self inflicted by a bomb in his hotel room. I believe that some Sabahans were also involved with those aborted attempts to invade Sabah. (US faking terror in Philippines by Craig Hanley). (pages   ) http://www.defendsison.be/pages_php/0303090.php.  PROBE 4- P17, 18
A6.5) There were always very unhealthy rumours of the much feared Moro Army believed to be in and outside Sabah ready to be in action to enforce the Claim but till today such harmful rumours had arisen from deception. Nevertheless, there have been frightening reports of some people in Sabah linked to the international terror group of Al Qaeda and Abu Sayyap following the arrest of Hambali in August 2003. All these terrorising activities have been sort of 'justified' by the dubious claim on Sabah.  PROBE 5, P21
A6.6) With such fierce propaganda in the Philippines over the Sabah claim, now it is quite obvious that the internal armed conflict could be engineered by the power so that some groups find the excuse to come to Sabah as refugees as exacerbated by the Jabidah Massacre on youthful Tausags and Samas who 'mutinised'. (pages     ).  The arrival of hundreds of thousands of illegal immigrants including refugees from the Philippines since 1968 have brought much nightmares for Sabah. The Project IC is part of this nightmare as the illegal arrivals could become dubious citizens with devastating impacts on the local people.  PROBE 6, P30
A6.7) The kidnap of 21 persons in the Sipadan island including foreign tourists was sort of linked to the dormant Claim on 23rd April 2000. There were lots of damaging impact on both sides of the Sulu Sea. In the process of rescue operations conducted in Jolo island, many hundreds of thousand of people were displaced by the military in hot pursuit of the Abu Sayyap kidnappers and victims over a few months.  The authorities should investigate the FACTS presented in some of the pages in Malaysia Today's article http://malaysia-today.net/blog2006/corridors.php?itemid=2866 (pages 22) PROBE 6 - P10
A7.        Many pages of the writings by Filipinos provide the impression that Sabah is worth a lot of money to them hence that was the impetus for them to pursue the dubious claim for so long. Their hot pursuits so far have already cost them and Sabah tremendous amount of unaccounted losses. So I hope by writing this letter, we should come to grip with the costs likely to accrued to the Filipinos while cooperation with Sabah to resolve this claim can actually minimise the losses on both sides.
A8.        As a matter of fact, it is the dubious claim but the Filipinos generally is reluctant to give up with the overpowering propaganda at home that whenever the illegal people are arrested and likely deported, they would likely claim that Sabah belongs to them.
A9.        It is ironic that pursuing the dormant claim every now and then may be induced by the dreams of gains when many have already reaped nightmares of losses including human lives (guilty and innocent) piling up on both sides of Sulu sea and beyond in more than four decades. It is indeed an irony that acting on dubious sentiments many have also lost sense of direction so much so that they do not know what they have got themselves entangled with.
A10.        It may have started with the dubious claim and then many were involved with sort of internal conflict resulting in refugees and illegals going into Sabah and entangled with the dubious citizenship via the Project IC causing much rampage in Sabah.
A11.        It is therefore timely that we take cognisance of the fact that claim on Sabah is dubious by some pretenders to the throne of Sultanate of Sulu in disarray and the Philippines Government. Such claims are regularly made by them while remaining in Sabah. Malaysians in Sabah have to tolerate them with the related criminal abuses and injustice at its worst. In a world, where nations are separated by national boundaries, we have to recognise such order. Can such claimants claim Sabah and be justified in their arguments when their people are already all over Sabah and Labuan and into other parts of Malaysia causing much rampage in such process? Even if the claimants think they have a historic right over a piece of land, they are actually 'trepassing' in land beyond the deemed boundary in 1878. They have indicated that the claimants want to kick Malaysians out of Sabah into Sarawak. While the dubious claim goes on, their proxies should not be in Sabah. Instead such alien people have disregarded the laws and orders of Malaysia especially in Sabah.
A12.        Although we have a very long coastline, the Filipino Government should be faulted as a party to the commission of crimes against humanity in Sabah as it does not ever enforce any immigration control at all over its own people to stray into Sabah at ease and involved in many piracies and kidnappings in Sabah soil.
A13.        So there is no better time than now that the Filipinos stop their imagined claim on Sabah to avoid any further losses on their side when I had already lodged an official complaint to the International Criminal Court (ICC) at the Hague in October 2006. There are still much agitation on the side of Manila to revive the claim currently. Like the case of Sipadan and Ligitan, any action with ICJ would fail because Philippines cannot clear those stumbling hurdles in history. The case before the ICC can cost the Philippines and her agents at least an expected sum of RM40 billions. The only win win situation in the region is for the claim to be buried forever. Unfortunately the Malaysian Government has not made special effort to punch into the deception so far perpetuated by the claimants except avoiding ICJ. We cannot ignore the storms brewing although there had been many intermittent lulls. We need to have a fresh good look hence a bulky book of a thousand pages is needed.

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B.        CONFRONTATION OF INDONESIA (based on the article in page  40)
[[[Quote: A number of lawyers in Malaysia, he said, stated that the amount of crimes committed by migrant workers was only five percent.  (1)        
"One percent was by workers from Indonesia," said Wahyu.  (2).  
The number could be larger because many Indonesian workers are unregistered. (3)]]]
B1        How accurate are the figure given in (1) and (2)?   Given the rate of crimes in Malaysia as per pages  which had been very high in recent decades, and all those crimes mentioned in the Courts and mass media while many go unreported, how can we be sure that crimes committed by migrant workers is only five percent?  This would mean the local and the dubious people of Project IC of 1-2 millions in Sabah in particular and Malaysia in general have committed 95% of the reported crimes.  That is worrying indeed as crimes are getting out of hand for the Police to handle as they are many 'invisible' people.  Many crimes including grievous ones are not solved. PROBE 11, PROBE 12 -P40
B2        The scenario is made worst when many Indonesian workers are unregistered which should not be.  This gives the impression that such people had been given too much freedom and abuses  from  them especially in Sabah.  The losses to genuine local Sabahans due to all sorts of crimes are not countable.  PROBE 13 & 14 -P40
B3        It is very interesting that an NGO dares to bring the case to the UN with bias allegations and it is likely that Malaysia may face more of such actions from the neighbours dictating terms after Indonesia secured the opportunity to send up to 1,000 teachers to teach their Indon children in Sabah.  Who would be financing the massive costs of educating these children?
B4        "Without Indonesian workers, Malaysia's economy wouldn't be as developed as it is now," said Wahyu.  If a proper assessment is done, we would expose the downsides of such lopsided developments on the medium and long terms than the benefits to Sabah generally.  The price of social peace in 1963 is priceless and now we are in irreparable disarray generally.  Together with Filipino people, the number of Indonesians becoming dubious citizens via Project IC have created a scenario of 'ethnic cleansing' in Sabah cum distorted apartheid pheonomenon.
B5        If UN HRC is so willing to attend to the complaint of Migrant Care against Malaysia, then another agency of UN in International Criminal Court (ICC) should also promptly act on Joshua Kong's complaint against Indonesia filed in October  2006.
B6        If 35% of the prisoners are foreigners as a national figure, then in Sabah it is likely to about double that figure when the dubious people of Project IC is considered PROBE 17 -P43.  As foreigners are 'invisible' being many without document and moving in and out of the State at ease, the undetected criminals from this sector  as unknown is quite high.  Even the article admit that many Indonesian workers are unregistered, but Migrant Care does not give any suggestion as to how to rectify that terrible scenario which can only mean that they could commit crimes without being detected.  Many just disappeared back into Indonesia to lie low  and then return to Sabah via the porous common border.   So Indonesia via any NGO including Migrant Care should allow Malaysia to deal the worsening breaches in immigration - legal and illegal with a new set of laws and see how the situation can be improved for the common interest.  Instead, Migrant Care as representing the Indonesia Government and its workers overseas chose to confront Malaysia like they did in 1963.   
B7        It is possible to predict that the bad blood created by the Indonesian NGO in taking this confrontational stance to the UN may just go further into turmoil within and without Indonesia should Malaysia decides to implement the proposed new law.  It could mean a revived violent confrontation to show that they mean business despite getting the concession of their teachers of up to 1,000 to come to Sabah  teach their own children in Sabah as the expense of the host country.  Has Malaysia succumbed to their 'threatening' demand for the children to be educated in Sabah as such?
B8        It is quite a bad publicity stunt for Migrant Care to paint a better picture of the foreigners (legal and illegal) when Indonesians are known to be immigration violaters.  (see page 41) PROBE 15 - P41 .  This can actually create a scenario back home and in Sabah of a false perception of Malaysian Government against the foreigners especially  the Indon workers in Malaysia especially in Sabah.  It would make Malaysian authorities quite difficult to implement its law and order especially in Sabah.  B9        It is very common that entry abuses are rampant for such foreigner to enter Sabah with RM10 dollars and become bumiputra entitled to all the privileges attached to this special group of people at the detriment of the genuine local people.  PROBE 16 -P42.
B10.        General Concern for the article of its accuracies.  PROBE 18 - P43
NB:  In the information and knowledge age, it is important that we verify such adverse data to prepare ourselves to face the challenges in the context of security and sovereignty.

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List of recommended items for investigation and PROBE. (other items can also be included)  The inseparable Claim on Sabah and related activities need to be addressed accordingly and prompting the items of probe as expected as follows:-
Probe 1  Tun Mustapha assisted  Moro National Liberation Front (MNLF)          page 39
Q.        How did this affect the interests and independence of Sabah and why he did it as alleged?                Probe 2        The Corregidor Affairs (Jubida Massacre) as it affects Sabah        p13, 14
Q.        Was this event that gave rise to the refugees coming to Sabah in large numbers?
Probe 3                    The Moro soldiers in Sabah                                        p19, 21
Q.        What did the Government do about this if it is true?
Probe 4  Planned invasion of Sabah aborted and those involved?                       p17, 18
Q.        The rumours of local groups involved should be verified and who actually financed that?
Probe 5        The revived claim by Arroyo                                                        p21
Q.        Was this serious or just for political expediency?  How was this revived?
Probe 6  The people involved with the Abu Sayyap and the gangster                        p30
Q.        These people as named still active in politics and holding senior positions. Why?
Probe 7        The former PM Tun Dr Mahathir on Project M                                p30
Q.        This fact needs to be confirmed immediately to resolve the crisis.
Probe 8        Whose money was Yong Teck Lee using                                        p32
Q.        Why the denial in the local press of not paying the kidnappers?  
Probe 9  The origin of Harris Salleh and Musa Aman unqualified to be CM                p35
Q.        The truth must be established beyond doubt to remove the 'trojans'.  
Probe 10        Commander Robot or Ghalib Andang in Sabah                                p37
Q.        Many of such kind of people still in Sabah should be identified.
Probe 11        Crimes by migrant workers was only 5 percent                                p40
Q.        Sabah's scenario is definitely much higher and deserve the right attention.
Probe 12        Crimes of one percent by Indonesians workers                                p40
Q.        This can harm Sabah further as to avoid any backlash when tough actions initiated.
Probe 13        Why 2.2 migrant workers and 1.2 -1.7 millions are Indonesians                p40
Q.        The unreliable figures are damaging the nation with Sabah at the worst level.
Probe 14        Why unregistered Indonesian workers                                                p40
Q.        This itself exposes the failure of the Indonesian Government.
Probe 15        Why those over 628,000 overstayers from Indonesia?                        p41
Q.        This scenario is most unhealthy as an indication of the era of Confrontation unresolved.
Probe 16        Why RM10 can enter Sabah?                                                        p42
Q.        This has done permanent damage to Sabah, with 1-2 millions of dubious citizens.
Probe 17        while 35% for the nation, what is the % for Sabah?                                p43
Q.        How reliable is our statistical data of the Courts if any is maintained?
Probe 18        How true are the facts in "Indon NGO concerned ...."                        p43
Q.        Misleading facts of this article and the other one in page 40  can be injustice for all.
NB:    The Special Branch of the Police and the State Security Council must have documentary details of all these issues in time of needs to defend the sovereignty and security of the State and the nation.
These probe items would help Sabah to safeguard her interests for the local people.