By DayakDaily Team
KUCHING, Nov 7: Sabah Sarawak Rights – Australia New Zealand (SSRANZ) and the Borneo Plight in Malaysia Foundation (BOPIMAFO) have called for restitution and compensation for petroleum revenues unlawfully expropriated since 1974, asserting that the Petroleum Development Act 1974 (PDA74) was never consented to by Sarawak or Sabah and therefore violated the fundamental terms of both the Malaysia Agreement 1963 (MA63) and the Federal Constitution.
In a joint statement today, the two advocacy groups also expressed full support for the organisers and participants of the upcoming “Sarawak Petroleum, Oil & Gas” press conference at the Borneo Cultures Museum on Nov 9, describing it as a pivotal moment in Sarawak’s long struggle for oil and gas sovereignty and justice after decades of exploitation entrenched by the PDA74.
SSRANZ and BOPIMAFO described the PDA74 as “a textbook case of post-colonial resource plunder” that unlawfully stripped Sarawak and Sabah of their petroleum wealth by vesting ownership of all oil and gas resources in Petroliam Nasional Berhad (PETRONAS).
“The PDA74 was enacted without the consent of Sarawak or Sabah, in direct violation of Article 161E(2)(a) of the Federal Constitution, Article VIII of MA63, and Sarawak’s Oil Mining Ordinance 1958 (OMO),” they said in a statement today.
The statement further pointed out that Sabah’s parallel experience of having its 40 per cent revenue entitlement abruptly terminated in 1974 reflected the same pattern of federal exploitation.
“Half a century later, despite the Sabah High Court’s ruling affirming this right, Putrajaya continues to delay compliance, citing administrative excuses. Reports that the Prime Minister (Datuk Seri Anwar Ibrahim) may ‘review’ the court’s decision raise a grave constitutional question — when was the Prime Minister given judicial powers? Such defiance of court orders underscores the deep erosion of federalism and the rule of law,” they said.
The organisations reiterated their stance that Malaysia’s formation was not a genuine act of decolonisation but a “colonial transfer” of two non-self-governing territories — North Borneo (Sabah) and Sarawak — to Malaya.
Citing Article IV of MA63, which authorised Britain “to relinquish sovereignty and jurisdiction to the Federation of Malaya,” they argued that this arrangement breached United Nations Resolutions 1514 and 1541, which require a valid act of self-determination before integration.
“As no such act occurred, Malaysia’s legal foundation is void ab initio under international law. Consequently, all derivative laws — including the PDA74 — lack constitutional validity.
“If MA63 was void, Malaysia’s sovereignty over Sarawak and Sabah is void; and if that sovereignty is void, the PDA74 is an unlawful act of economic occupation,” the statement asserted.
SSRANZ and BOPIMAFO further contended that the PDA74 contravenes United Nations Resolution 1803 (XVII) on Permanent Sovereignty over Natural Resources, which upholds every people’s right to control and benefit from their natural wealth.
“Malaysia’s continuing seizure of Sarawak’s and Sabah’s oil and gas is a standing violation of that right and of the principles of federal equality.
“By disregarding Sarawak’s territorial boundaries as defined in the Sarawak (Alteration of Boundaries) Order in Council 1954 and the OMO 1958, the federal government had ‘unlawfully appropriated Sarawak’s continental shelf and maritime resources’,” they said, adding that such actions undermine Malaysia’s federal integrity and international standing.
SSRANZ and BOPIMAFO urged Sarawakians to unite behind four key demands, including immediate repeal of the Petroleum Development Act 1974 (PDA74); recognition of Sarawak’s sovereign rights over its onshore and offshore resources; and an international review of the MA63 before the International Court of Justice (ICJ) to initiate a proper decolonisation process under UN supervision.
They further reaffirmed that Sabah’s struggle to restore its 40 per cent revenue entitlement and control over its natural wealth forms “an inseparable part of the same broader movement for justice, equality, and self-determination.”
The two groups concluded that Sarawak’s oil and gas struggle is inseparable from its larger fight for self-determination, stressing that “half a century of constitutional deception has proven that genuine autonomy cannot exist within an illegal federation built on colonial transfer and economic subjugation.”
SSRANZ and BOPIMAFO reaffirmed their unwavering support for the people of Sarawak — and in solidarity with the people of Sabah — in their lawful, peaceful pursuit of independence and full sovereignty over their resources and future. — DayakDaily
