The following is my
answer to a Quora question: “Does separation of Singapore from the
Federation of Malaysia, on the 09th August 1965 render the Water Agreement 1962
null and void?”
The water agreements of 1961 and 1962 were signed
prior to the Separation of Singapore from Malaysia, in 1965. The mischievous argument of some Malaysian
politicians is that the agreement was between two different entities, the
Federation of Malaya, and Singapore as a Crown Colony. As such, it carries no legal weight as an
agreement between Malaysia and Singapore. Malaysia was officially independent in 1963,
and Singapore in 1965.
However, that is a facetious argument, since if these
agreements were non-binding, why did Malaysia and Singapore adhere to it? The reason is because the Separation Agreement
of 1965 guaranteed both water agreements, making them intrinsic to the
independence of Singapore declaration.
This Separation Agreement, also known as the
Independence of Singapore Agreement, was filed with the United Nations. Not only are the water agreements binding,
they are clauses in our independence agreement, meaning that any variance of
the water agreements is tantamount to an attack on Singapore’s sovereignty.
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