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Borneo Post
14 hours ago
- Business
- Borneo Post
Rectify systemic infringement on Sabah's constitutional and economic rights - LDP
Chin KOTA KINABALU (July 4): Liberal Democratic Party (LDP) treasurer general Chin Kian Ming has issued a strongly worded statement, condemning the federal government under the leadership of Prime Minister Dato' Seri Anwar Ibrahim for continuously delaying, weakening, and even denying the constitutional rights granted to Sabah under the Malaysia Agreement 1963 (MA63). The party warned that such actions constitute a double betrayal of the political dignity and economic future of the people of Sabah. Chin expressed deep dissatisfaction over the federal government's failure to fulfill Sabah's rightful entitlement to the 40% net revenue return. According to Articles 112C and 112D of the Federal Constitution, this return mechanism should have been a cornerstone of Sabah's financial autonomy. However, the revenue formula originally scheduled for completion by July 2024 has yet to be announced or supported by any legal implementation mechanism. Chin criticized, 'This is no longer just administrative delay — it reflects institutional disregard and a blatant violation of constitutional principles.' He pointed out that Article VIII of MA63 clearly requires that the provisions of the Agreement be implemented through legislation or other formal mechanisms, especially regarding the rights of the East Malaysian states. However, to date, the federal government has not taken any meaningful legal action to return powers to Sabah. The related committees have become mere 'symbolic platforms' with no tangible progress in restoring Sabah's legal position. He also harshly criticized the federal government for continuously relying on and enforcing the Petroleum Development Act 1974 (PDA) and the Territorial Sea Act 2012 (TSA) without the consent of the Sabah state government. These two Acts effectively strip the state of control over petroleum and maritime resources. Such actions clearly violate Paragraph 24 of the Inter-Governmental Committee (IGC) Report, which states that land and natural resources shall remain under the exclusive jurisdiction of the state unless otherwise amended by the State Legislative Assembly. He further pointed out that although Article 1(2) of the Federal Constitution was amended in 2019 to restore Sabah and Sarawak's status as 'partner states' (rakan sekutu), this restoration has had no substantive impact in practice. Sabah continues to be treated as a second-class state in matters of federal budget allocation, project prioritization and national policy consultation, which is a serious departure from the founding spirit of the Federation in 1963. According to Chin, the federal government's persistent denial of Sabah's rightful status and autonomy has led to long-term structural developmental imbalance. Despite being one of the richest states in Malaysia in terms of natural resources, Sabah continues to suffer from the highest poverty rates and weakest access to education and healthcare services. This reflects not only economic exploitation, but also systemic neglect of Sabahans' right to survival and development. Chin emphasized that Sabah should enjoy localized decision-making powers in education and healthcare. According to Paragraphs 15 and 17 of the IGC Report, Sabah is entitled to tailor policies to local conditions. However, the reality is that the highly centralized federal system severely suppresses local reforms, leading to shortages in rural hospitals, deteriorated school infrastructure, and a massive outflow of local talent — creating a vicious cycle of 'resource extraction and entrenched poverty.' He also expressed concern over the gradual erosion of Sabah's rights in language and cultural-religious diversity. MA63 guarantees the right for Sabah to continue using English as an official administrative language and to preserve the state's multireligious environment. However, recent years have seen increasing pressure from federal unification policies that threaten Sabah's generational tradition of harmonious multiculturalism. Even more worrying is the systemic weakening of Sabah's immigration autonomy. According to Paragraph 6 of the IGC Report, Sabah has the legal authority to control the entry and residence of non-state residents to preserve demographic balance and social stability. The federal government's repeated attempts to pressure Sabah into relaxing these controls have led to increasing issues with illegal immigration and demographic imbalances, fueling deep public anxiety. He stressed that the Malaysia Agreement 1963 is not just a historical document, but a living political covenant that serves as the foundation of Sabah and Sarawak's entry into Malaysia. If the spirit of this covenant continues to be undermined, it will ultimately destabilize the unity of the Federation itself. He called for the immediate implementation of the 40% revenue return mechanism; the repeal of federal laws imposed without East Malaysia's consent; and full restoration of state autonomy in natural resources, education, healthcare, land and immigration. Chin further declared its intention to pursue additional political and legal measures, including proposing motions in the Sabah State Assembly, seeking judicial review, and strengthening strategic alliances with other local political parties to defend East Malaysian rights. 'We will no longer settle for symbolic gestures. The people of Sabah demand real autonomy and genuine respect — not hollow rhetoric and double standards. 'MA63 is not a relic of the past, but a living legal contract. If the federal government continues to violate its terms, it is not just betraying Sabah — it is undermining the rule of law in Malaysia. The Liberal Democratic Party stands united with the people of Sabah to defend our rightful entitlements, our resources, and our future,' Chin concluded in its statement.
Borneo Post
23-05-2025
- Politics
- Borneo Post
Upcoming redelineation of Sarawak's electoral boundaries yet to be finalised, says Sharifah Hasidah
Sharifah Hasidah said discussions with the federal government on the redelineation are ongoing. KUCHING (May 23): No final decision has been made so far regarding the upcoming redelineation of electoral boundaries in the state, said Datuk Sharifah Hasidah Sayeed Aman Ghazali. The Deputy Minister in the Premier of Sarawak's Department (Law, MA63 and State-Federal Relations) said this is because discussions with the federal government on the matter are still ongoing. 'The Sarawak government has consistently championed the call to restore one-third representation for Sarawak and Sabah in the Dewan Rakyat, as outlined in the Malaysia Agreement 1963 and the Inter-Governmental Committee (IGC) Report of 1962. 'I would also like to inform this House that no final decision has been made so far regarding the implementation of the upcoming electoral boundary redelineation,' she said during the question-and-answer session in the State Legislative Assembly (DUN) today. She was responding to a question from Dato Sri Wong Soon Koh (GPS-Bawang Assan) on when the upcoming electoral boundary redelineation will be completed. On a question regarding the additional number of seats in Parliament and the DUN, Sharifah Hasidah said this is also still being discussed. 'Discussions on strengthening Sarawak's representation in the Dewan Rakyat remain active under the framework of the Malaysia Agreement 1963, and the Sarawak government will continue to champion this matter,' she added.
New Straits Times
22-05-2025
- Business
- New Straits Times
Petronas to comply with Sarawak laws, but exemptions granted
KUCHING: Although the dispute between Petronas and the Sarawak government over oil and gas rights has been formally resolved through a joint declaration, the national oil company and its subsidiaries operating in the state are still required to apply for operating licences under Sarawak laws. However, exemptions will be granted, Sarawak Premier Tan Sri Abang Johari Openg said at a press conference at the state legislative assembly today. The briefing followed the signing of the joint declaration between Prime Minister Datuk Seri Anwar Ibrahim and Abang Johari in Kuala Lumpur yesterday. "They are required to submit their applications. We will grant them exemptions," he said. Under the declaration, Petronas is expected to "cooperate" with Petros on all future oil and gas ventures in the state, especially those involving international partners. Expressing his gratitude to the Prime Minister Datuk Seri Anwar Ibrahim for his leadership and commitment in formalising the joint declaration, Abang Johari said the agreement reflected respect for Sarawak's rights and demonstrated that "real progress comes from genuine partnership and mutual trust". The most significant aspect of the declaration, he said, was the reaffirmation that both federal and Sarawak state laws must coexist harmoniously and be respected by all parties. "We respect their laws. They should respect ours," he said, adding that the joint declaration represented a milestone in Sarawak's evolving partnership with the federal government in the spirit of federalism. "This is a testament to the federal government's commitment, under the leadership of the Prime Minister, to honour the aspirations and constitutional rights of Sarawak as enshrined in the Federal Constitution, the Malaysia Agreement 1963 (MA63), and the Inter-Governmental Committee (IGC) Report." Abang Johari described the declaration as a clear manifestation of mutual respect and recognition of Sarawak's regulatory framework, in particular the Distribution of Gas Ordinance 2016 (DGO 2016). He said the collaborative framework outlined in the agreement would provide clarity and certainty to the oil and gas industry in Sarawak, particularly through recognition of Petros as the state's gas aggregator. As such, he said, all parties involved in the business of marketing, distributing and supplying gas to consumers in Sarawak must comply with DGO 2016. Looking ahead, Abang Johari reaffirmed Sarawak's commitment to working closely with the federal government, Petronas and Petros to implement the joint declaration in good faith. He said the agreement sets in motion a strategic shift aimed at unlocking Sarawak's gas potential, advancing the Sarawak Gas Roadmap, and accelerating the state's transition to a cleaner, more sustainable energy future — in line with Sarawak's aspiration to become the energy hub of the Asean region. When asked about the ongoing court cases filed by Petronas challenging Sarawak's rights over oil and gas, Abang Johari said he would leave the matter to the legal teams of both Petronas and Petros to resolve through due legal process.
New Straits Times
21-05-2025
- Business
- New Straits Times
Eight MA63 claims still under negotiation between Sarawak and federal govt
KUCHING: Eight claims related to the Malaysia Agreement 1963 (MA63) remain the focus of ongoing negotiations between the Sarawak and federal governments. Deputy Minister of Law, Malaysia Agreement and State-Federal Relations, Datuk Sharifah Hasidah Sayeed Aman Ghazali, said Sarawak would continue to engage with the federal government on matters pertaining to MA63. She said this was to ensure that all rights enshrined under MA63, the Inter-Governmental Committee (IGC) Report, and the Federal Constitution are restored and upheld. The eight items currently under negotiation, she said, include a proposal to increase the number of members of Parliament from Sabah and Sarawak in the Dewan Rakyat. "The second claim concerns the proposed amendment of Item 25A (Tourism) in List I (Federal) of the Ninth Schedule of the Federal Constitution, to be moved to List III (Concurrent)," she said. "The third claim, which is still under negotiation, relates to health, specifically, to empower the Sarawak Health director to carry out functions under the Private Healthcare Facilities and Services Act 1998 (Act 586), as well as issues concerning the development, upgrading, and planning of healthcare facilities in Sarawak." She was responding to Lidam Assan (GPS–Katibas) on the status of MA63 negotiations during the Sarawak Legislative Assembly sitting today. Hasidah said the fourth item under negotiation is related to education, including staffing issues, the implementation of Science, Technology, Engineering, and Mathematics (Stem) subjects in English, and matters relating to Technical and Vocational Education and Training (TVET). "We also want the Sarawak Rural Water Supply Department to be recognised as a Technical Department under Treasury Instruction 182," she said. "The sixth item relates to Article 112 of the Federal Constitution, while the seventh involves the Borneonisation of the Federal public service in Sarawak. "The eighth claim concerns the development of the Sabah-Sarawak-Kalimantan border area." She said the Sarawak government is also actively pursuing two matters that have been agreed to in principle: the devolution of regulatory authority over environmental matters to Sarawak through the Natural Resources and Environment Board, and an amendment to the Federal Constitution regarding the appointment of Judicial Commissioners in Sarawak. "For the latter, the Sarawak government has submitted a draft proposal to amend Article 122AB of the Federal Constitution to the Judicial Appointments Commission," she said. Hasidah added that nine claims previously under negotiation have been resolved as of May 2025. Among the resolved matters are the handover of regulatory authority for Liquefied Petroleum Gas (LPG) to the Sarawak government through Petros, and the amendment to Article 1(2) of the Federal Constitution to restore Sabah and Sarawak's status as equal partners in the formation of Malaysia. Other resolved matters include the amendment to the interpretation of the term 'Federation' under Article 160(2) of the Federal Constitution, which now includes MA63 and related instruments such as the IGC Report as integral components of the Constitution. "The fourth resolved item is the amendment to Article 161A, giving Sarawak full power to define the term 'native' in a more comprehensive and inclusive manner. "The fifth empowers the Sarawak Marine Fisheries Department and the Ministry of Food Industry, Commodities and Regional Development to issue deep-sea fishing licences," she said.
Borneo Post
21-05-2025
- Politics
- Borneo Post
Sarawak's rights always come first in negotiations with Putrajaya, says Sharifah Hasidah (Video)
Sharifah Hasidah said the state government's stand and firm position in all negotiations is always Sarawak first. – Ukas photo KUCHING (May 21): The Sarawak government's stance in upholding the state's constitutional and legal rights in all dealings with the federal government is unwavering, said Datuk Sharifah Hasidah Sayeed Aman Ghazali. The Deputy Minister in the Premier of Sarawak's Department (Law, MA63 and State-Federal Relations) declared the state government will always prioritise Sarawak's rights first because it is vital to safeguard Sarawak's autonomy. 'I want to reiterate that our stand and firm position in all our negotiations is always Sarawak first, our rights first,' she told the august House during the question-and-answer session in the State Legislative Assembly (DUN) here today. She was responding to a question from Lidam Assan (GPS-Katibas), who had enquired on the status of Sarawak's MA63 negotiations. Sharifah Hasidah stressed that the Sarawak government remains steadfast in insisting that the federal government must recognise and acknowledge Sarawak's rights as enshrined in the Malaysia Agreement 1963 (MA63), the Inter-Governmental Committee (IGC) Report, the Federal Constitution, the State Constitution, and other relevant state laws. 'All these must be recognised. This is our stand and our position,' she said, adding that Sarawak will not compromise when it comes to matters involving its constitutional entitlements and autonomy. Sharifah Hasidah's remarks come as Sarawak continues to engage with Putrajaya on various outstanding issues related to the implementation of MA63 and the devolution of powers to the state. The Sarawak government has long maintained that the restoration and full implementation of MA63 is vital to ensuring equitable development and preserving the rights and interests of the state and its people. MA63 Sarawak autonomy Sarawak FIrst Sharifah Hasidah Sayeed Aman Ghazali
