DAP questions the encroachment into Sarawak’s sea
KUCHING: Sarawak sea territory has been encroached on for five years and six months and its natural resources taken away since the Territorial Sea Act 2012 (TSA 2012) was implemented in accordance with interpretations of the Act by the federal government or Umno.
State Democratic Action Party (DAP) chairman Chong Chieng Jen pointed out two different interpretations to the Act now, and that so long as the conflicting interpretations of the law were not settled urgently, the people of Sarawak would stand to lose.
“Umno’s interpretation is that the law does not need the consent of the state government because it does not seek to amend the boundary of Sarawak’s territory.
“The other interpretation by the late (Pehin Sri) Adenan Satem is that the law affects the territory boundary of Sarawak and therefore for the law to be passed in accordance with our Constitution, the federal government must first seek the consent of the state government,” he explained in a press conference yesterday.
To claim back the rights of Sarawak, Chong suggested that the state government bring this matter to the federal court, and let the court decide which interpretation is the correct one.
“That’s the least the Sarawak Barisan Nasional (BN) can do if they do not wish or dare to quit the Umno-led BN, as quitting will make Umno the opposition and thereafter negotiate with Pakatan Harapan the abolition of the repeal of the said Act,” he said.
But more importantly, Chong reminded of the stark reality on the ground that Umno’s interpretation of the Act was being implemented and along with it, the federal government has the full authority to exploit and manage resources in the territorial sea.
“The act has been implemented for five years and six months and the Sarawak government is still allowing the federal government to take away resources from our sea territory,” he added.
To reiterate, Chong disclosed that the answer given by a federal minister to an oral question he posed in the recent Parliament sitting clearly stated that the TSA 2012 did not alter the territorial boundary of Sarawak.
As such, the passing and implementation of the Act does not require prior consent of the state government.
“Before the late Adenan Satem passed on, he mentioned in the State Legislative Assembly (DUN) that the TSA 2012 seeks to alter Sarawak’s territorial sea boundary.
“As such, the federal
Umno’s interpretation is that the law does not need the consent of the state government because it does not seek to amend the boundary of Sarawak’s territory. — Chong Chieng Jen, State DAP chairman
government having not sought the prior consent of the state government before the passing of the Act, therefore, it has infringed on the Federal Constitution and thus is illegal. The Act is unconstitutional, so to speak,” he reiterated.
“Whatever and despite what the late Adenan said, the federal government’s position is that this Act does not seek to alter the boundary territory of the state, therefore it is not unconstitutional.
“An Act which, according to the Sarawak BN government, is an encroachment of the Sarawak boundary and erosion of Sarawak autonomy, this Act has already been implemented and come into force for five years and six months.
“And yet, the Sarawak BN including SUPP (Sarawak United People’s Party) is still saying that this Act is not constitutional. This is not only ridiculous but it is a self-deceiving act on the part of the Sarawak state government,” he said.
No matter how loud the voices of SUPP shouting about fighting for more autonomy in Sarawak, Chong added that it will not help so long as they do not have the courage to say no to Umno.
“Their so-called fighting for autonomy is only a ‘sandiwara’ (drama) playing to the gallery of the Sarawak public,” he commented.
“If the Sarawak BN does not even have the courage to defend our own territory, how can we Sarawakians expect Sarawak BN to fight for more autonomy and rights for Sarawakians,” he pointed out.
He reiterated the point that the Bill of the TSA was at that time in 2012 tabled by an Umno minister, seconded by a SUPP deputy minister and the person who chaired the meeting at the relevant time was a PBB deputy speaker.
“The Act was passed by BN members of parliament. Now the irony is that when the water is under the bridge, Sarawak BN and SUPP then say this Act is illegal and they want to oppose it,” he said.
“But after saying it’s illegal, they took no action. It is obvious that within the BN structure and system, the wishes of Umno is a command to the other component parties and must be followed and abide by,” he added.
In the past when Adenan was Chief Minister, at least he had the courage at certain times to make some statements which seemingly went against Umno, Chong said.
“But now with (Datuk Patinggi) Abang Johari (Tun Openg) helming the state BN, I think we see more cases of Umno’s wishes being done, and carried out in Sarawak,” he said.
“No amount of sweet talk by (Prime Minister Dato Sri) Najib (Tun Razak) can resolve this issue and on the other hand he is only sitting by while Sarawak and Sarawakians continue to allow the federal government to take our natural resources,” he added.
“If Sarawakians want genuine autonomy and devolution of power to the state, the only way is to defeat the BN in the coming election to make them lose Putrajaya and make Umno the opposition,” he concluded.