PUTRAJAYA: Sarawak’s pursuit of full rights over its oil and gas resources is grounded in legal and historical legitimacy, aligning with the principles of the Malaysia Agreement 1963 (MA63).
Senator Datuk Ahmad Ibrahim said that Gabungan Parti Sarawak (GPS) senators want to correct various misleading claims regarding the history and legal basis of Sarawak’s oil and gas rights.
He pointed out that before Sarawak helped formed Malaysia in 1963, the state already had full control over its oil and gas resources, as evidenced by the Oil Mining Ordinance 1958 (OMO 1958) and UNCLOS 1954.
“Before forming Malaysia on 16 September 1963, Sarawak already had full control over its oil and gas resources.
“This is proven by OMO 1958, which granted Sarawak exclusive rights to regulate, manage and issue exploration licences for oil and gas within its territory, while UNCLOS 1954, which Sarawak adhered to, set the state’s continental shelf boundary at 200 nautical miles.
“In contrast, Malaya at the time had no legislation concerning hydrocarbons, as there were no oil and gas exploration activities in its waters.
“This clearly demonstrates that Sarawak already had a legitimate legal framework to manage its natural resources,” he said at a press conference in Parliament on Wednesday.
Their statement follows a report by Free Malaysia Today dated March 15, which claimed that Sarawak should stop disputing Petroliam Nasional Bhd’s (PETRONAS) rights over the state’s energy resources.
Additionally, he criticised the federal government’s unilateral decision to alter Sarawak’s maritime boundaries in 1969, calling it a violation of the spirit of MA63 and done without the approval of the Sarawak State Legislative Assembly (DUN).
“Following the May 13,1969 tragedy, the federal government used emergency powers to limit Sarawak’s maritime boundary to just three nautical miles through Emergency Ordinance No. 7/1969 on August 9, 1969 and Emergency Ordinance No. 10/1969 on November 8, 1969.
“This action effectively transferred control over Sarawak’s waters and its oil and gas resources to the federal government without the state’s consent, despite Article 2(b) of the Federal Constitution, which states that any changes to a state’s boundary must receive approval from the State Legislative Assembly and the Yang di-Pertua Negeri (Governor of Sarawak),” he added.
He also mentioned that the decision not only contradicts the spirit of MA63 but also constitutes a denial of Sarawak’s rightful jurisdiction over its natural resources.
“The 1976 agreement, which allegedly saw Sarawak surrendering its oil rights to PETRONAS, is legally invalid under state law, as it was never presented for approval in the Sarawak State Legislative Assembly,” he added.
As a next step, GPS is demanding that the federal government restore Sarawak’s oil and gas rights, review the maritime boundary changes, and ensure that all negotiations related to natural resources are conducted transparently.
“We stress that GPS’ struggle is about upholding justice in accordance with constitutional principles, not merely a political power struggle.
“We are committed to continuing the fight for Sarawak’s rights until justice is achieved,” he asserted.
Among the GPS senators present at the press conference were Susan Chemerai Anding, Michael Mujah Lihan, Rita Sarimah Patrick Insol, Pele Peter Tinggom and Robert Lau Hui Yew.
