S’wak has legal claim to resources within 200 nautical miles of coastline, says Senator

SIBU (Sept 15): Senator Robert Lau has stressed that Sarawak has a legal basis to claim resources found within 200 nautical miles of its waters.

Lau, who is the Sarawak United Peoples’ Party (SUPP) Bawang Assan branch chairman, said that the Territorial Sea Act 2012 (TSA 2012) does not comply with the provisions of the Federal Constitution.

“The Federal Constitution under Article 2 clearly states that the Parliament may alter the boundaries of any state, but this can only be done with the consent of the state’s legislature and the Conference of Rulers.

“In this respect, TSA 2012 does not comply with the Federal Constitution of Malaysia, when altering the boundary of Sarawak.

“Therefore, from a legal perspective, the Sarawak government can stand firm on claiming resources found within 200 nautical miles of its water,” said Lau, noting that the courts have yet to provide an interpretation on the matter.

Lau made these remarks to reporters when asked to clarify a point during his speech at the SUPP Bawang Assan Mooncake Festival celebration at Joystar Restaurant here on Friday evening.

Moreover, he pointed out that the federal government enforced the Emergency (Essential Powers) Ordinance No.7 of 1969 to alter the maritime boundary of Sarawak and Sabah, reducing the states’ boundaries from 200 nautical miles to three nautical miles.

He added that TSA 2012 has significantly limited Sarawak’s rights over its resources.

“With the reduced boundary, Sarawak’s access to fisheries, marine and mineral resources, and tourism sites in the marine area is now confined to only three nautical miles or 5.56km from its coastline,” he said.

However, Lau also pointed out that following the lifting of the Proclamations of Emergency on Nov 23, 2011, all laws passed under the emergency powers – including those affecting Sarawak’s maritime boundaries – automatically lapsed after six months, thereby restoring Sarawak’s 200 nautical mile boundary.

“When the federal government realised the implications of lifting the Emergency Ordinance in 2011, they immediately introduced the Territorial Sea Act 2012 to replace Ordinance No.7,” he said.

Meanwhile, on the celebration, Lau said the theme of the event was unity.

“The Mid-Autumn Festival is meant to be celebrated with family, gathering for dinner. This demonstrates the celebration of unity.

“It is the same for us as a political party, we have to be united. Gabungan Parti Sarawak is only strong today because we stand united. With unity, we can defend our rights,” he said.

Among those present were Sibu Municipal Council chairman Clarence Ting, SUPP Bawan Assan Community Development Team chairman Kevin Lau, and Temenggong Stanley Gramong.