KUCHING, Jan 27 2926: Parti Pesaka Bumiputra Bersaty (PBB) Youth wing has said that Malaysia Agreement 1963 (MA63) needs to be interpreted comprehensively, not just based on a literal interpretation of the text of the agreement.
PBB Youth asks if Petronas filing of notice of motion has received the support of the federal government
“MA63 is the founding document of Malaysia that unites Sarawak, Sabah, Singapore and Malaya as equal partners in the federation,” it said in a statement when responding to Minister in the Prime Minister’s Department (Law and Instutional Reform) Azalina Othman Said in Parliament yesterday.
“The absence of specific provisions on oil and gas (in MA63) does not mean that Sarawak’s laws and constitutional framework relating to land and natural resources can be ignored,” PBB Youth said.
It pointed out that the state Oil Mining Ordinance 1958 (OMO 1958) is still in force and has never been repealed by the Sarawak State Legislative Assembly.
The movement described the approach that rejected MA63 based on a narrow interpretation as contradicting the spirit of the agreement and potentially affecting the balance of relations between the federal and state governments.
The Youth also raised several questions seeking clarification regarding the action of Petroliam Nasional Berhad (Petronas) in filing a legal challenge against the Sarawak government, including whether the action received the consent or official support of the federal government.
It also questioned the need for the court action following Prime Minister Anwar Ibrahim’s recognition of Sarawak’s rights and the role of Petroleum Sarawak Berhad (Petros) as the state sole gas aggregator.
It also called for assurances that the approach of continued negotiation and engagement will remain the priority in resolving any disputes regarding Sarawak's oil and gas rights in the future, rather than legal action.
It reiterated that it will continue to stand firm with the premier in defending and protecting state's rights in accordance with the provisions of the constitution and existing laws.
In a written reply to a question raised by Saratok Member of Parliament Ali Biju in the Dewan Rakyat on January 26, who asked the prime minister to state the federal government’s latest stance on Sarawak’s claims relating to the Order in Council 1954 and the Territorial Seas Act 2012, as well as the extent to which the MA63 negotiations can avoid overlapping powers between Petros and Petronas.
Azalina said has said that the matter was being considered in the Federal Court based on Petronas's input and official response and that the government respects the independence of the judiciary and will abide by its decision.
Azalina also stated that MA63 is a fundamental document for the formation of Malaysia but does not contain provisions relating to the ownership, management or regulation of oil and gas, in addition to stressing that the industry is determined by federal legislation, particularly the Petroleum Development Act 1974 which vests Petronas with petroleum.
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