‘Without Malaysia Agreement 1963, there would be no Malaysia, no Constitution, no Petroleum Devt Act’

KUCHING: United People’s Party ( UPP) says if Sarawak government did not sign the Malaysia Agreement 1963 (MA63), Sarawakians would have been reaping the benefits from its own natural wealth since 1963, instead of having to beg for money from the federal government.

UPP said it did not want this to happen again.

“No more,” the party said in a press statement received here yesterday.

On this note, the Federal Court has postponed the hearing over the ownership of Sarawak oil and gas resources, from yesterday to June 21. The national petroleum corporation, Petronas, is the plaintiff in the suit, while the Sarawak government is the defendant.

Petronas claims it has ownership right to these resources by virtue of the Petroleum Development Act 1974 ( PDA74), but the Sarawak government argues that the PDA74 is ultra vires the Malaysian Constitution and therefore, it is ‘null and void’.

UPP, in the press statement, detailed the historical background, effects and events leading towards the enactment of the MA63.

Sarawak gained its independence from the UK, and was a sovereign nation when it came together with the Federation of Malaya, Singapore and North Borneo in forming Malaysia in 1963.

“We were the owners of our own oil resources, every last drop of it. We agreed to form Malaysia based on an international agreement called the Malaysia Agreement 1963 (which was) executed by the United Kingdom of Great Britain and Northern Ireland, and Federation of Malaya, North Borneo, Sarawak and Singapore.”

There were five parties to the Agreement when it was executed in London on July 9, 1963.

The agreement was registered by the United Kingdom of Great Britain and Northern Ireland on Sept 21, 1970.

It is an international agreement between sovereign states that cannot be amended unless by mutual consent of all the signatories. There is no amendment to this date. The signatories to the Malaysia Agreement remain bound by it.

“No law in Malaysia, not even the Constitution, can amend or override the Malaysia Agreement. There are specific safeguards in the Malaysia Agreement for the rights of Sarawak and Sabah,” said UPP.

The PDA74 is only a Malaysian statute and it cannot alter the rights enshrined in MA63 – the PDA74 was passed without the consent of the people of Sarawak.

The then- chief minister Tun Abdul Rahman Yaakub had no right to give away 100 per cent of Sarawak’s oil rights in perpetuity without the consent of the people of Sarawak, UPP said.

“He was acting beyond his powers and jurisdiction. His action in purporting to sign away Sarawak’s oil rights was unlawful and we do not recognise his unilateral act.”

UPP believed that Petronas would not have taken action in the Federal Court against Sarawak without the approval of the prime minister.

“But assuming that we are wrong and Petronas is on a frolic of its own without the knowledge or approval of the prime minister, then we call on the prime minister to intercede and he has the authority to do so.”

In this regard, UPP called upon Prime Minister Tun Dr Mahathir Mohammad to abide by and fulfil the Pakatan Harapan ( PH) manifesto to uphold and restore the rights of the parties to the MA63.

The restoration of such rights is clearly inconsistent with the Petronas suit, which is premised solely on the PDA.

“Since the Malaysia Agreement is an international agreement signed and registered in London, the law of the contract is the law in the United Kingdom. UPP is of the view that it is open to the government of Sarawak, a signatory to the Malaysia Agreement, to file a suit in London to seek relevant declaratory relief on the interpretation of the Malaysia Agreement in respect of Sarawak’s rights arising under the Malaysia Agreement. We urge the Sarawak government to consider taking such a step, instead of just defending the Petronas suit.

“We also call upon the prime minister to direct Petronas to stay further proceedings on the suit in order for the rights of the parties to the Malaysia Agreement to be decided first.

“The Malaysia Agreement supersedes the PDA and the Constitution. Without the Malaysia Agreement, there would be no Malaysia and therefore, no Constitution and no PDA,” UPP said.

“Asking a Malaysian Court to interpret the PDA without first recognising the supremacy of the Malaysia Agreement is like looking at a leaf on a tree without recognising that, without the root, there would be no tree and no leaf. The leaf ( like the PDA) is insignificant. The root gives life to the tree just like the Malaysia Agreement gave life to Malaysia.

“Without the Malaysia Agreement, there is no Federation of Malaysia — it is as simple as that. Those who would disregard the Malaysia Agreement are in fact, subverting the formation of Malaysia in the first place.”

UPP said Sarawak is entitled to all its rights under MA63. In this regard, it is ‘to be the master of its own resources’.

“For too many decades, Sarawak’s wealth has been taken by the states of Malaya for their own benefit and we get a pittance in return. The Federation of Malaya has benefited hugely from Sarawak’s resources at the expense of Sarawakians. This must stop now because the people of Sarawak have woken up,” said UPP, referring to the result of the May 9 general election where PH took over the federal government at the expense of the 60-year- old Barisan Nasional (BN).

“We want the restoration of our rights and we will fight with every resource we have to regain those rights. We not only want our rights restored, but we also want compensation for all the wealth taken from Sarawak for the benefit of the Federation of Malaya,” UPP said.