Sarawak activist urges Azalina to apologise over MA63 oil and gas remarks

KUCHING (Feb 2): A Sarawak social activist has called for an open apology from Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said over her recent statement on the Malaysia Agreement 1963 (MA63).

Voon Shiak Ni said the federal minister ought to apologise to Sarawakians for stating that “MA63 does not contain any provision concerning the ownership or regulation of oil and gas resources.”

“There should be no dispute on Sarawak’s oil and gas rights. As a law minister, Azalina should know that the ownership of oil and gas rights can only be interpreted accurately by reading MA63 together with the Sarawak Land Code, the Continental Shelf Act 1966, the Oil Mining Ordinance 1958, the Federal Constitution, and other relevant agreements before asserting that MA63 contains ‘nothing’ on oil and gas ownership and regulation, which has triggered anger among Sarawakians,” she said in a statement on Monday.

Voon, who is a lawyer, said it was both disappointing and shocking for the federal minister to assert that the management and regulation of the oil and gas industry were determined by federal laws, specifically the Petroleum Development Act (PDA) 1974.

Azalina reportedly said that under the PDA, Petroliam Nasional Berhad (Petronas) was given full ownership of petroleum in Malaysia, with exclusive rights and privileges to explore and acquire such resources, whether onshore or offshore.

Voon, however, pointed out that the Sarawak Land Code defines land to include the seabed and ownership of offshore resources.

She added that the Continental Shelf Act 1966 (Revised 1972) defines the continental shelf in Malaysia as the seabed and subsoil adjacent to the coast, beyond territorial waters, extending to a depth of 200 metres.

“Sarawak is thereby entitled to assert its constitutional rights over the natural resources on its adjacent continental shelves,” she said.

She stressed that Azalina should be aware that oil and gas are land and state matters safeguarded under the Federal Constitution, Acts and Ordinances.

“Most particularly for Sarawak and Sabah, these matters were made inseparable from Sarawak and Sabah before the formation of Malaysia,” she added.

Voon emphasised that she considered it irresponsible for a federal minister, who is expected to have the legal knowledge of the matter, to downplay the call by Sarawakians to safeguard their constitutional rights and claims on the natural resources on their land.

“I do hereby call on the law minister Datuk Seri Azlina Othman to make a public apology to Sarawakians for her controversial statement,” she said.

Recently, Free Malaysia Today quoted Azalina as saying that the MA63 does not contain any provision concerning the ownership or regulation of oil and gas resources, adding that the agreement also does not assign the roles of petroleum entities like Petronas or Petroleum Sarawak Berhad (Petros).