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42 REPORT OF UNITED NATIONS MISSION

On 12 August, the Secretary-General announced the assignment of eight members of the Secretariat, headed by Laurence V. Michelmore as his representative, to serve on the United Nations Malaysia Mission. The Mission left New York on 13 August 1963 and arrived in Kuching, Sarawak, at noon on 16 August. The Mission was divided into two teams, each comprising four officers, one to remain in Sarawak and the other to work in Sabah (North Borneo). Both teams remained until 5 September. Observers from the Federation of Malaya and the United Kingdom were present throughout all of the hearings conducted by the Mission. Observers from the Republic of Indonesia and from the Philippines arrived only on 1 September and attended hearings in the two territories on 2, 3 and 4 September.

On 14 September, the final conclusions of the Secretary-General with regard to Malaysia were made public. These conclusions were based upon a report submitted to the Secretary-General by the Mission. This report stated that it had been understood that by the "fresh approach" mentioned in the terms of reference established in the request to the Secretary-General, a referendum, or plebiscite, was not contemplated. The Mission had considered that it would be meaningful to make a "fresh approach" by arranging consultations with the population through elected representatives, leaders and the representatives of political parties as well as non-political groups, and with any other persons showing interest in setting forth their views. During the Mission's visits to various parts of the two territories, it had been possible to consult with almost all of the "grass roots" elected representatives. Consultations were also held with national and local representatives of each of the major political groups and with national and local representatives of ethnic, religious, social and other groups, as well as organizations of businessmen, employers and workers in various communities and social groups.

As far as the specific questions which the Secretary-General was asked to take into consideration were concerned, the members of the Mission concluded, after evaluating the evidence available to them, that: (a) in the recent elections Malaysia was a major issue throughout both territories and the vast majority of the electorate understood the significance of this; (b) electoral registers were properly compiled; (c) the elections were freely and impartially conducted with active and vigorous campaigning by groups advocating divergent courses of action; and (d) the votes were properly polled and counted; the number of instances where irregularities were alleged seemed within the normal expectancy of well-ordered elections.

The Mission came to the conclusion that the number of persons of voting age detained for political offences or absent from the territories when voting took place was not sufficient to have affected the result.

The Mission also gave careful thought to the reference in the request to the Secretary-General that "he ascertain prior to the establishment of the Federation of Malaysia the wishes of the people of Sabah (North Borneo) and Sarawak within the context of General Assembly resolution 1541 (XV), Principle IX of the Annex." After considering the constitutional, electoral and legislative arrangements in Sarawak and Sabah (North Borneo), the Mission came to the conclusion that the territories had "attained an advanced stage of self-government with free political institutions so that its people would have the capacity to make a responsible choice through informed democratic processes." Self-government had been further advanced in both territories by the declaration of the respective Governors that, as from 31 August 1963, they would accept unreservedly and automatically the advice of the respective Chief Ministers on all matters within the competence of the State and for which portfolios had been allocated to Ministers. The Mission was further of the opinion that the participation of the two territories in the proposed Federation, having been approved by their legislative bodies, as well as by a large majority of the people through free and impartially conducted elections in which the question of Malaysia was a major issue and fully appreciated as such by the electorate, could be regarded as the "result of the freely expressed wishes of the territory's