Rich Pickings

Natural wealth of the three Borneo territories were the main reasons in the formation of Malaysia..

KUCHING: Parti Bansa Dayak Sarawak (PBDS Baru) deputy president and lawyer Patrick Anek Uren believes that the natural wealth of the three Borneo territories were the main reasons former Prime Minister Tunku Abdul Rahman wanted them as partners in the formation of Malaysia.

“Malaya through Tunku’s vision had already foresaw a great reward was awaiting.

“Deep in his mind he did not offer Malaysia as a concept to help Sabah and Sarawak economically. Neither did he ever care about helping out the British whose empire was crumbling as a result of the WWII.

“Instead he envisioned huge profit,” Anek said at a public forum on Malaysia Agreement 1963: Past, Present and Future held at a hotel here yesterday.

He stressed:” Sarawak had oil at Miri and Lutong during the Brooke’s Regime time. Although by 1961 when the idea of “Greater Malaysia” was mooted oil extractions had halted due to the then technology in use were not yet advanced as today, it was already known by Shell that potentials for oil were aplenty in these parts of the Borneo Territories, including Brunei.

“Indeed Brunei, a tiny conclave, did not join Malaysia although invited to do so. It was advised by Shell officials that it could survive economically on its oil reserve for a long time into the millennium. And it opted out. Indeed Brunei has survived,” he said.

He said that the eventual setting up of Petronas in 1975, and in the shape it is, the Tunku’s vision is realised.

The Federal Government enacted Akta Petrolium Nasional (Petronas) in 1975.

Soon after the then prime minister Razak Hussein declared the vestment of powers over oil and gas in Sarawak and Sabah to PETRONAS.

Under the Act Sarawak and Sabah are accorded 5% of whatever revenue from these resources.

One significant factor here is that there was no resolution approving the conferment of rights to Petronas was ever passed in the State Assemblies of Sarawak and Sabah.

However the respective Chief Ministers of Sabah and Sarawak gave their consent to that.

On the 18 points for Sarawak and 20 points for Sabah, he said the people of these two territories had demanded of the British that these points were to act as pre-agreements to and their terms incorporated in the Malaysia Agreement.

“In any event however what the peoples expected, to the dismay of many, were never to be realised.

“And apart from the matters of immigration, use of English, freedom of religion, and labour which until today they still do, and remain with Sarawak, my take is that generally the 18/20 points agreements never did matter seriously to the Tunku and to all the federal leaders who took over after him,” he added.

He said that the 1976 amendments to the Malaysian Constitution reduced the two Borneo territories to become just another two new states with those 11 other pre-existing states of Malaya.

“Just as Tunku had wanted it,” Anek said, quoting a quote of what the Tunku had said: “When I said Federation with the Borneo territories, I mean that they should be the same as the other states of Malaya. We have 11 states that form the Federation of Malaya and if the Borneo territories (Sarawak, Sabah and Burnei) decide to come in there will be 14 – all enjoying absolutely equality, one with the other.”

Anek does not think that the Malaysian Courts would entertain a case of even asking for a review of the Malaysia Agreement.

And going to International Court of Justice would only be possible if such a request comes from the government of a country. So that possibility is shut.

Suing the British Government for having handed the Borneo territories as it did might be purely academic.

“I would suggest that the only avenue for us to demand maybe an upgrade in revenue from oil and gases, and for other concessions, just maybe, can be through politics.”

“I would hasten to add however that this need a concerted effort of everybody, and every political groupings, for anything to be realized”.

“Although I must still add that our demands for more fund, and especially for bigger share from the revenues derived from oil and gas, are only proper and legal because of our right to these resources by virtue of they are resources taken from our own land,” he added, pointing out that these are on the State List in the Federal Constitution.

Borneo Insider