KUCHING: Political observer Datuk Peter Minos has criticised Minister in the Prime Minister’s Department (Law and Institutional Reform) Azalina Othman Said for her recent remarks in Parliament regarding the ownership and control of Sarawak’s oil and gas resources.
Minos said if the minister’s interpretation were correct, the federal government could theoretically legislate to take over not only Sarawak’s oil and gas, but also its land, forests, minerals and all other natural resources — a scenario he described as “contrary to the intention of Malaysia’s formation in 1963”.
“Malaysia was established through the Malaysia Agreement 1963 (MA63), an international treaty endorsed by the United Nations. The MA63 set out from day one how Malaysia is to be governed, including the powers of the federal and state governments, and the management of resources,” he said in a statement today.
Minos pointed out that nothing in MA63 grants the federal government the authority to pass laws in Parliament to take over Sarawak’s natural resources.
He said that the Petroleum Development Act 1974 (PDA74), which governs petroleum resources, is questionable because it did not obtain the approval of the Sarawak State Legislative Assembly as mandated under the Sarawak Constitution.
“Minister Azalina cannot claim that PDA74 gives Petronas the right to own, use and regulate Sarawak’s oil and gas. A subsisting Sarawak law, the Oil Mining Ordinance 1958 (OMO58), continues to govern the State’s petroleum resources, as impliedly recognised by MA63 and explicitly stated in Article 62 of the Federal Constitution,” he said.
Minos said as a lawyer, Azalina should have been aware of the basic legal framework that governs Malaysia.
“Following her statements, Sarawak has no choice but to defend its natural resources. The State will rely on MA63, the Federal Constitution, and OMO58.
“We live under the Rule of Law,” he added.
