By : JOSEPH BINGKASAN
KOTA KINABALU: The Sabah
Barisan Nasional government will be making the same “mistake” it did more than
30 years ago by agreeing to negotiate its oil rights with the federal
government, a politician here has warned.
Sabah Progressive Party
(SAPP) Liawan vice-chairman Joseph Wilfred Lakai said today that there was no
necessity to re-negotiate terms between the East Malaysian states and the
federal government on the Petroleum Agreement 1976 .
“Why should Sabah and
Sarawak re-negotiate the Petroleum Agreement when even in the first agreement
Malaya did not honour the terms?”
He said that being the main
producers of oil, Sabah and Sarawak should rightly be the sole beneficiary of
the oil income.
Lakai claimed that the terms
of the agreement are not only lopsided but grossly unfair to the oil-producing
states.
He said records showed that
in 1976, Sabah and Sarawak’s rights to their oilfields were signed away for
just 5% “royalty”, which seems not to be what it really is.
“Malaya did not honour the
agreement and all the other agreements including the 20-Point Agreement for
Sabah and 18-Point Agreement for Sarawak. Malaya had repudiated the terms.
“Sabah and Sarawak are not
bound by these agreements to the extent where they are entirely for the benefit
of Malaya. If these agreements are voided, then Sabah and Sarawak are free from
all the legal lies with Malaya,” he told FMT today.
Lakai, a pilot, accused the
Malaya-centric government of acting as a colonial master by annexing,
“Malayanising” and looting Sabah and Sarawak since 1963 to fulfil its objective
to create a “Greater Malaysia”.
“Today, both the Chief
Ministers of Sabah and Sarawak want to re-negotiate… (but) the issue is that
the petroleum belongs to the people, not the leaders.
“They have no right to
re-negotiate on behalf of the people,” Lakai said.
He pointed out that only the
State Legislative Assemblies of both states have that power to re-negotiate on
this matter.
What
about export tax?
The SAPP leader also
questioned the need to export petroleum from Labuan and gas from Bintulu.
“Who collects the export
tax? Why do Sabah and Sarawak have no say on the export tax? What about tax on
petroleum products into Sabah and Sarawak? Why are Sabah and Sarawak not
getting any of it,” Lakai said.
On the 5% oil royalty Sabah
and Sarawak are now being paid by the federal government, Lakai said it was
never a royalty but total sale based on FOB.
“The global petroleum and
gas price for the last two decades was excellent. Why does the amount paid to
the state government remain constant?” he said.
Meanwhile, the SAPP leader
agreed with Sabah State Reform Party (STAR) chief Jeffrey Kitingan that the 5%
is a cash payment payable by Petronas under Section 4 of the Petroleum
Development Act, 1974, and had nothing to do with royalties.
Jeffrey had last week said
the the cash payment was in return for the ownership and the rights, powers,
liberties and privileges of the oil and gas resources vested in Petronas by the
state.
Furthermore, Section 4
provides that the cash payment is to be agreed between the parties, and not
imposed upon.
Jeffrey said the general
opinion was that the existing oil agreement is unconstitutional and invalid
because it was not only unfair but infringed on fundamental state rights.
The conclusion that could be
drawn, he said, was there was unlikely to have been any negotiations in 1976
for the amount of the cash payment.
If terms had been properly
negotiated, Sabah would not have ended up at a mere 5% for transfer of
ownership of the oil and gas resources to Petronas.
Jeffrey also pointed out
that then chief minister Harris Salleh, who signed the oil royalty agreement in
1976, recently stated that Sabah was forced to accept the 5% cash payment.
Both previous Sabah chief
minister Mustapha Harun and Fuad Stephens had refused to sign away the state’s
oil rights for the extremely low rates it would get in return.
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