KUCHING: Batu Kitang Assemblyman Lo Khere Chiang chided former Democratic Action Party (DAP) member Zaid Ibrahim’s arrogant statement regarding the six oil wells discovered in Sarawak and his call for elected representatives from Tanah Melayu to wake up and prevent Sarawak from escaping with its latest claim.
Lo reminded Zaid that the aforementioned oil wells were found in Sarawak’s seabeds, not in Malaya’s, and they belong to the Sarawakians.
“He should not forget that our interests are safeguarded by the incorporation of the Malaysia Agreement 1963, an International Treaty registered with the United Nations. These provisions are entrenched in the Federal constitution, ensuring that Sarawak’s sovereign rights to its natural resources are well protected within the supreme documents. Therefore, I am surprised that an established lawyer is not well versed in the Federal constitution and the laws of Sarawak that are still applicable after Malaysia Day,” he said in a statement today.
Following this, Lo explained that Sarawak has dominion over the Exclusive Economic Zone (EEZ), meaning it holds legal ownership, economic, and property rights to its oil, gas, and other minerals in its Continental Shelf as a coastal state under the Oil Mining Ordinance (OMO) 1958.
“Therefore, Sarawak has rights to the EEZ under the signed agreements. Sarawak joined Malaysia as an equal partner. The OMO 1958 was not repealed by the Petroleum Development Act 1974 (PDA74), and therefore as an equal partner, we have dominion rights in the EEZ. Additionally, Petros signed a commercial agreement with Petronas on a 50-50 basis for any oil found within Sarawak waters, thanks to our Premier,” he said.
He also pointed out that the Federal Government has imperium rights in the EEZ, which include political and administrative rights. It is the duty of the Federal Government to protect and monitor the EEZ in terms of safety regulations.
“Imperium rights may give the Federal Government the right to collect taxes, but it does not give them the right to own the natural resources. A mining company is only given the right to extract our oil. It is not given the right to own our oil. That ownership will forever belong to Sarawak. Australia’s decisions regarding its dominion and imperium rights do not apply universally. Zaid is definitely giving the wrong impression that resources in the EEZ belong to the Commonwealth in Australia,” he stressed.
Lo noted that despite Sarawak being poor and still underdeveloped, the state was asked to relinquish 95 percent of its oil wealth and receive only 5 percent in return for almost 50 consecutive years.
“That is not sharing; that is ‘rampas.’ The grossly unfair Federal to Sarawak 95:5 ratio on our oil resources gives Malaya the illusion that it ‘owns’ Sarawak’s natural resources. The law in Sarawak clearly establishes ownership of natural resources. In 1976, the Federal Government had to come up with an alternative plan to gain control over Sabah and Sarawak’s oil. They devised a plan to ask Chief Ministers to sign agreements under PDA74, stating their agreement to the 95:5 ratio. Our then Chief Minister, the late Tun Abdul Rahman Yakub, was asked to sign such an agreement without the legitimate approval of the Sarawak State Assembly, in exchange for a meager annual 5 percent ‘cash consideration.’ The Chief Minister of Sabah at the time was the late Tun Fuad Stephens,” he further explained.
He further clarified that the approval of the Council Negeri is imperative, and PDA1974 does not have the approval of the highest law-making body in the state. Furthermore, as of now, the Territorial Sea Act (TSA) 2012 has yet to be approved by the State Legislative Assembly.
“I fully support Muara Tuang assemblyman Datuk Idris Buang, who called on Zaid to respect the law. Idris pointed out that PDA 1974 was never intended to surrender Sarawak’s sovereignty over its natural resources, particularly oil, gas, or other related minerals, to the Federal Government, as PDA74 is subservient and subordinate to the Federal Constitution. Before Zaid makes further claims on Sarawak’s rich resources, he should refer back to the Commercial Arrangement Agreement circa 2020 with Petronas, which was a mutual arrangement to establish a win-win situation for all parties and not disrupt the oil and gas industry, as Petronas is already established in Sarawak,” he said.
Lo added that together with the collection of over RM 8 billion from SST on petroleum products every three years, this should help bolster Sarawak’s finances.
“This is all due to the hard work and efforts of our Premier. We are not greedy, and we consider the well-being ofthe entire nation, but it is only fair that Sarawak receives its rightful share of its own resources.
“Every year RM80 billion has been siphoned from Sarawak and together with Sabah, we contribute 60 per cent of the country’s oil but the federal government has been using our natural resources for the economic benefits of Malaya.
“The Borneo states have been left poor for the last 50 years with no major highway, no basic facilities in rural areas and with dilapidated schools and hospitals.”
He further pointed out that Malaya has many towering buildings, excellent roads, mass transit railways and even formula one tracks.
“Malaya has been enjoying their North-South highway and railway network since the 1990s while our Pan Borneo Highway has taken 30 years to build and is still not finished but hopefully, one day we will be able to build just one good railway network in Sarawak.
“Our own anak Sarawak have to study in dilapidated schools and Sarawakians have to put up with overcrowded situations in hospitals.
“Zaid should come to Sarawak, go to the rural areas and experience the poor facilities before telling Sarawakians that our own resources do not belong to us.
“Elite Malayans should live simply so others in Sarawak can simply live! I hope that all Sarawakians know our history to protect what belongs to us and not let arrogant Malayans walk all over us.”
