KUCHING: The Sarawak government should challenge the constitutionality of the Petroleum Development Act 1974 (PDA74), Continental Shelf Act 1966 (CSA66) and Territorial Sea Act 2012 (TSA 2012).
Ba’ Kelalan assemblyman Baru Bian said the PDA74, CSA66 and TSA 2012 are federal laws passed by parliament which were never challenged in any court in Malaysia and therefore are ostensibly valid and operative for all intents and purposes.
“However, there is legal opinion that these laws are in fact unconstitutional, and I am of the opinion that it is incumbent upon the GPS (Gabungan Parti Sarawak) government to take up a case in the High Court to challenge the constitutionality of the Petroleum Development Act 1974, the Continental Shelf Act 1966 and Territorial Sea Act 2012, as the state government alone has the locus standi to do so.
“I hope the state government will do so, in order to return to us what is on and in our lands to us, for the benefit of our people,” said Baru, who is also Parti Sarawak Bersatu (PSB) secretary-general in a 60th Malaysia Day statement, Tuesday (Sept 12).
Baru said the state should also take over infrastructure responsibilities from the Ministry of Works so that it can prioritise, plan and design its own connections, rather than make requests to the federal government and let the Ministry decide.
He said Sarawak’s transport infrastructure lags behind that of West Malaysia, with the decisions about the construction of connections between the state’s major cities and towns made by the federal government, as well as the allocations for such projects and appointment of contractors.
“It would be better if the federal government hands over a reasonable portion of the infrastructure budget to us and gives us the freedom to plan and execute projects that we need on infrastructure,” he added.
He said the Sarawak Legislative Assembly (DUN) had unanimously passed a motion in 2015 to demand Putrajaya to implement rights under MA63 and mandating the state government to review all federal legislation, including to amend or repeal laws that affect the state’s rights to its natural resources.
He added that Sarawak lags behind West Malaysia in every aspect, from infrastructure to healthcare, education, economic opportunities and so on.
“Throughout the years, our oil and gas revenues have benefitted West Malaysia much more than Sarawak.
“Therefore, I want to see more annual allocations for Sarawak to narrow the gap of development between Sarawak and West Malaysia.
He said Deputy Prime Minister Datuk Seri Fadillah Yusof, chairman of the Malaysia Agreement 1963 Technical Committee, had been tasked with resolving outstanding matters the Borneo states take issue with arising from MA63.
“I want to see all these outstanding issues settled immediately under this Unity Government.
“The Deputy Prime Minister had said in an interview in July this year that ‘By respecting and upholding the principles of MA63, we uphold the principles of fairness, equality, and justice, which are fundamental to a harmonious and prosperous Malaysia.’
“I fully agree with that statement and I hope that he will be able to deliver to us what is rightfully ours without further delay. Most importantly, promises on Borneonisation and non-interference in freedom of religion, for instance, the ‘Allah’ issue, must be respected instead of just being given lip service,” he said.
Baru also called for Infrastructure, Education, Health and the part of the Home Ministry’s functions which relate to the issuance of Identity Cards or the right to citizenship to be devolved fully or partially to Sarawak.
“It would be better if we could also determine the syllabuses taught in our schools instead of following the schools in West Malaysia as their focus is at times not in our interests.
“Much has been said about dilapidated schools, dropping standards, sub-standard textbooks, the lack of teachers and facilities in our schools, especially those in the rural areas, and the creeping in of religious bias into our schools,” he added.
