Secrecy over MA63 review doesn’t make sense

 

What a shame, after 57 years together, there are still secrets to be kept between Sabah, Sarawak and the federall government. It would be nice to say a secret between two lovers, but then there is no love lost between the Borneo states and the federal government.

The greater land mass of Borneo and the smaller Peninsular Malaysia are drifting further apart and there is a greater divide than ever before on the economic and political front.

Hanifah Hajar Taib, deputy minister in the Prime Minister’s Department (Sabah and Sarawak affairs), stated in Parliament that the government had reiterated its decision not to disclose its final report by the Special Cabinet Committee that reviewed the implementation of the Malaysia Agreement 1963 (MA63).

She said the decision was made after taking into account various aspects such as the law and its contents, as well as discussions which contain technicalities and sensitive matters classified as official secrets, and the government felt there was no need to make public its final report, thus keeping it under the Official Secrets Act (OSA).

It was previously reported that 17 out of the 21 issues identified by the committee had been agreed upon and the remaining four were still under discussion. The outstanding issues were oil royalties, oil minerals and oil fields, the Territorial Sea Act 2012 and state rights over the continental shelf. No updates were given on whether any of the 17 issues were implemented. Hanifah was not specific or transparent in her parliamentary reply.

Unlike the previous government which tackled MA63 like taking the bull by the horns, the Perikatan Nasional government prefers to play hide and seek with the people of Sabah and Sarawak and keep them sedated with some kind of “gula-gula” to keep them happy.

To make matters worse, the department is headed by Maximus Ongkili from Sabah who promised to resolve MA63 issues within six months of assuming office in March. Meanwhile, Sarawak has been very vocal about getting back its MA63 rights and even defeated Petronas in court over the petroleum sales tax battle.

Netizen activists have pointed, however, that, at the federal level, East Malaysian ministers seem to be going with the flow over the mistreatment dished out by the federal government, which is tantamount to betraying their own states.

The current batch of leaders from East Malaysia representing Sabah and Sarawak are pale shadows of our founding fathers who fought for our rights, especially the 20 points agreement for Sabah and the 18 points pact for Sarawak.

In 2019, the pursuit for Borneo rights was continued by chief ministers from Sabah and Sarawak, Shafie Apdal and Abang Johari Openg respectively in what we know now as the new 20 points. One would have thought that with the razor-thin majority that Muhyddin Yassin holds, Ongkili and Hanifah would be in a better bargaining position to negotiate Sabah and Sarawak rights – but alas no.

There is no reason for the 20 points negotiated between Sabah and Sarawak to be put under the OSA unless you have something to hide. If one reads the OSA, it is mainly related to security breaches and offences and not so much related to the people’s political or economic rights.

If the previous government could do the negotiations in a transparent and open manner, why can’t the current government do the same? What are they afraid of? Are they assuming that Sabahans and Sarawakians are a bunch of morons who cannot understand a wordy document and who cannot hold their emotions in check?

East Malaysians have waited 57 years for fairness and justice and it’s time for the federal leaders to deliver the goods.

Sarawak’s GPS government is already aligned to the Perikatan Nasional (PN) government and Sabah is now run by Gabungan Rakyat Sabah formed by the PN government during the Sabah state elections, so there is no longer any excuse that Sabah and Sarawak are under opposition parties. This is the best time for Sabah and Sarawak leaders to get more “gula-gula” not for themselves, but for their own state.

The outstanding issues of oil royalties, oil minerals and oil fields, the Territorial Sea Act 2012 and state rights over the continental shelf are a legal matter which may encroach into Petronas territory, but then, Sabah and Sarawak have the right to take Petronas to court to settle the matter.

There is nothing secret about the dispute over oil rights and the continental shelf. Sarawak won the petroleum sales tax dispute with Petronas. This proves that the Petroleum Development Act 1974 is not infallible and that Petronas has no exclusivity over petroleum in Malaysia.

It’s time for our East Malaysian leaders to step up the game and demand what is due for the people of Sabah and Sarawak and not just toe the line. - FMT

The views expressed are those of the author and do not necessarily reflect those of MMKtT.