KUCHING, June 12 — The state government should file a suit in London to seek relevant declaratory relief on the interpretation of the Malaysia Agreement 1963 (MA63) in respect of Sarawak’s rights, the United People’s Party (UPP) said.
In a statement today, the State Barisan Nasional-friendly party said MA63 is an international agreement signed and registered in London, the law of the contract is in accordance to United Kingdom law.
“We are of the view that it is open to the government of Sarawak, a signatory to the Malaysia Agreement, to file the suit in London,” UPP said
“We, therefore, urge the state government to consider taking such a step instead of just defending the suit filed by the Petroliam Nasional Berhad (Petronas),” UPP said.
The party also called on Prime Minister Tun Dr Mahathir Mohamad to abide by and fulfill the Pakatan Harapan’s 14th general election manifesto to uphold and restore the rights of the parties to MA63, stating that the restoration of such rights is clearly inconsistent with the Petronas suit which is premised solely on the Petroleum Development Act 1974 (PDA).
UPP said it believes 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 Dr Mahathir to intercede and he has the authority to do so,” it said.
It said that PDA is only a Malaysian statute and it cannot alter the rights enshrined in MA63 and that it was passed without the consent of the people of Sarawak.
“‘The then Chief Minister Tun Abdul Rahman Yaacub had no right to give 100 per cent of our oil rights away in perpetuity without the consent of the people of Sarawak.
“He was acting beyond his powers and jurisdiction. His action in purporting to sign away Sarawak oil rights was unlawful and we do not recognise his unilateral act,” UPP said.
The party reminded that MA63, being an international agreement between five sovereign states, cannot be amended unless by mutual consent of all the signatories.
It said since there is no amendment to MA63 to this date, and the signatories remain bound by it.
UPP stressed that no law in Malaysia, not even the Constitution, can amend or override the Agreement as there are specific safeguards for the rights of Sarawak and Sabah.
The party asserted that Sarawak is entitled to all its rights under MA63, adding that 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 while Malaya has benefited hugely from our resources at the expense of Sarawakians.
“We want the restoration of our rights and we will fight with every resource we have to regain those rights,” UPP said, adding that compensation should be made for all the wealth taken from Sarawak for the benefit of the federation of Malaya.
