Sarawak’s rights to continental shelf within its boundaries non-negotiable, says Premier

KUCHING (Nov 20): Nobody should question Sarawak’s inalienable rights to the continental shelf within its boundaries, said Premier Datuk Patinggi Abang Johari Tun Openg.

Addressing the Sarawak Legislative Assembly during his ministerial winding-up speech today, Abang Johari said several assemblymen had debated on the issue related to continental shelf.

In this regard, he reiterated and stated categorically Sarawak’s inalienable rights over that part of the Continental Shelf which lies within the territory of Sarawak, is non-negotiable.

“At the risk of being repetitive, I must emphasise that Sarawak’s seabed and subsoil, originally Crown land under the Land Code of 1958, became the property of the Sarawak government upon Malaysia’s formation on Malaysia Day, 1963.

“This is clearly provided for under Article 47(2) of Constitution of the State of Sarawak, as annexed to the Malaysia Agreement 1963 (MA63),” he said in his ministerial winding-up speech at the Sarawak Legislative Assembly today.

Elaborating, Abang Johari said that MA63 and the United Kingdom’s Malaysia Act, 1963 did not vest any land comprised in the Continental Shelf within Sarawak’s boundaries on the Federation or the Federal Government, hence the Federal Government has no proprietary rights to Sarawak’s seabed and subsoil or its continental shelf, as these were vested solely in the State of Sarawak by operation of law.

“The boundaries of Sarawak, protected under Article 2 of the Federal Constitution, cannot be altered without the consent of the State Legislature, further securing the state’s territorial integrity.

“The Continental Shelf (Amendment) Act 2009 explicitly protects state rights over the seabed and subsoil within state boundaries, aligning federal legislation with Sarawak’s sovereignty.

“Sarawak asserts that its claims to oil and gas resources within its territory are neither baseless nor unreasonable, and it has historically exercised these rights both during British colonial rule and post-independence.

“Therefore, nobody is entitled to question Sarawak’s inalienable rights to the continental shelf within its boundaries. To do so would not only be against MA63, but would also constitute an infringement of the State and Federal Constitutions,” he said.

Abang Johari also said that Sarawak maintains legislative authority over its resources through the Oil Mining Ordinance 1958 and the Distribution of Gas Ordinance, 2016.

“These two legislations are within the legislative competence of the Sarawak legislature to enact.

“Therefore, any entities engaging in resource exploration and extraction are required to adhere to Sarawak’s laws, which regulate oil and gas activities both onshore and within its continental shelf.

“The right of the Sarawak Government to see that its laws are complied with should not be questioned by any quarters and that Sarawak’s rights and legislative authority expressly enshrined in the Federal Constitution are not encroached,” he said.

“In summary, Sarawak’s sovereign rights over its land, resources, and the continental shelf are entrenched in the MA63, State Constitution and Federal Constitution.

“These rights are constitutionally guaranteed and have been exercised consistently by Sarawak. Sarawak remains resolute in defending its inalienable rights and ensuring compliance with its laws to safeguard its territorial sovereignty and resource control,” he added.