KUCHING, June 12: United People’s Party (UPP) is urging Prime Minister Tun Dr Mahathir Mohamad to intercede in the Petronas vs Sarawak government matter as he has the authority to do so.
Furthermore, it argued, the Petroleum Development Act 1974 (PDA) is invalid.
In a statement today, UPP said the Malaysia Agreement 1963 (MA63) is an international agreement and no law in Malaysia, not even the Federal Constitution, could amend or override it.
“It is an international agreement between sovereign states that cannot be amended, unless by mutual consent of all the signatories. There is no amendment to this date. The signatories to the MA63 remained bound by it.
“The PDA is only a Malaysian statute and it cannot alter the rights enshrined in the MA63. (Besides,) the PDA was passed without the consent of the people of Sarawak,” it said.
The statement explained that Sarawak gained its independence from the United Kingdom and was a sovereign state when it joined the Federation of Malaya, Singapore and North Borneo in the formation of Malaysia in 1963, further justifying that Sarawak is the owner of its own oil resources.
“We agreed to form Malaysia based on an international agreement called the MA63. The agreement was executed by the United Kingdom of Great Britain and Northern Ireland and Federation of Malaya, North Borneo, Sarawak and Singapore.
“There were five parties to the MA63 when it was executed in London on July 9, 1963. The Agreement was registered by the United Kingdom of Great Britain and Northern Ireland on Sept 21, 1970.”
UPP also suggested to the Sarawak government to file a suit in London to seek relevant declaratory relief on the interpretation of the MA63 in respect of Sarawak rights arising under the Agreement.
The party urged the state government to consider taking such a step instead of just defending against the Petronas suit.
“We also call on the prime minister (Tun Dr Mahathir) to direct Petronas to stay further proceedings on the suit by Petronas in order for the rights of the parties to the MA63 to be decided first.
“The MA63 supersedes the PDA and the Constitution. Without MA63, there would be no Malaysia and, therefore, no Constitution and no PDA,” it said.
The party argued that asking a Malaysian Court to interpret the PDA without first recognising the supremacy of the MA63 was like looking at a leaf on a tree without recognising that, without the root, there would be no tree and no leaf.
It said the leaf, like the PDA, was insignificant. The root gives life to the tree just like the MA63 gave life to Malaysia, it said.
“Without the MA63, there is no Federation of Malaysia. It is as simple as that.
“Those who disregard the MA63 are, in fact, subverting the formation of Malaysia in the first place.” — DayakDaily
