Sarawak London team finds new info on land and sea claims


Desmond Davidson

Sarawak has found documents in Marlborough House, London, on the constitutional safeguards for the state. – Wikicommons pic, August 9, 2017.

THE Sarawak team sent to London to search for historical documents to back its demand for greater respect and rights under the Malaysia Agreement 1963 has found documents to support its claim that the Continental Shelf Act 1966 was illegal.

Head of the research mission, Assistant Minister of Law, State-Federal Relations and Project Monitoring Sharifah Hasidah Sayeed Aman Ghazali, said the documents “confirmed the ownership rights of the states to the natural resources in the seabeds and subsoils in the continental shelf within the boundaries of the state as defined in the said order in council”.

The document detailed the reasons and objectives in drawing up the Sarawak (Alteration of Boundaries) Order 1954 by the queen in council, for the determination of the boundaries of Sarawak’s land, sea, and continental shelf limits prior to Malaysia Day, she said.

Sarawak has always disputed the act as it altered the state’s sea boundary – contrary to agreements in the MA63 – from 12 miles (19.3km) from the coastline to a mere three miles (4.83km).

The act also deprived Sarawak of the 200-mile economic exclusive zone (EEZ).

This has long led to accusation that Putrajaya passed the law to plunder the state’s oil and gas resources mostly found beyond the 4.83km limit.

In a statement after the team briefed Chief Minister Abang Johari Openg this afternoon, Hasidah stated other documents found by the team will add strength to the state’s position in discussions with the federal government on devolution of power and towards resolution of various constitutional matters.

She said some of the documents “originated from Sarawak before Malaysia Day but (were) classified by the colonial administration as secret or confidential”.

“These documents have been declassified by the United Kingdom government and stored in the British National Archives.”

Among the documents unearthed by the team included those pertaining to the formation of Malaysia, including the minutes of meetings of the inter-governmental committee (IGC), which led to the publication of the IGC report.

They also found the British government’s cabinet papers related to the Cobbold Commission’s report and its views on granting Sarawak independence on the formation of the new federation of Malaysia.

The documents were found in the British National Archives and from the Commonwealth Library and Archive at Marlborough House in London.

“The (state) government is studying these documents to ascertain the basis for the recommendations contained in the IGC report of the constitutional safeguards for Sarawak and what further action need to be taken in order to have them fully implemented under article VIII of the Malaysia Agreement if they had not been already incorporated in the federal constitution or by executive, legislative or other action since Malaysia Day,” she said.

The state government would also try to obtain previously classified files and documents migrated from Sarawak to custody of the UK government’s control before Malaysia Day, particularly those related to the granting of oil mining concessions, revenue and financial matters, control of shipping and marine fisheries in Sarawak waters, administration of education, labour and public health.

Sarawak and Sabah have formed a steering committee, co-chaired by the Foreign Affairs Minister Anifah Aman and the Minister in the Prime Minister’s Department Nancy Shukri, to draw up the two Borneo states’ position in the talks on the devolution of power.

Anifah represented Sabah while Nancy represented Sarawak.

The last meeting of the committee on July 25 deliberated on the report by the technical committee on the devolution of power. – August 9, 2017. 


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