“Datuk James Ligunjang says this is to Protect the Territorial Rights of Sabah and Sarawak”
KOTA KINABALU : -The territorial boundaries of Sabah and Sarawak are historically and legally established as non-negotiable, a status rightly affirmed by the Order in Council of 1954.
Former assemblyman for Petagas Datuk James Ligunjang said this order extended the boundaries of these regions to the Continental Shelf, setting the perimeter at 200 nautical miles from the shore.
However, the introduction of the Territorial Sea Act 2012, also known as Act 750, has effectively restricted these boundaries to a mere three nautical miles, a change that demands urgent attention and reconsideration.
“We implore upon the Federal Government to amend the Continental Shelf Act 1966, Petroleum Mining Act 1966 and Territorial Sea Act 2012 to reinstate the original territorial boundary of Sarawak and Sabah to its original state before Malaysia Day as marked in the order of council 1954 that extend their territories to the Continental Shelf except for right of innocent passage on the high seas,” he said in a statement Friday.
Ligunjang, who is also a Justice of Peace, said Sabah and Sarawak voluntarily joined the formation of Malaysia in 1963, maintaining their original territorial boundaries as agreed upon before Malaysia Day.
The extension to Sabah of the original Continental Shelf Act 1966 and Petroleum Mining Act 1966 (initially limited to Malaya only) under emergency rule in May 1969, which was lifted in April 2012, with Act 750, is seen as unconstitutional.
According to him, this piece of legislation effectively undermines the constitutional rights granted to Sabah and Sarawak in the Malaysia Agreement 1963, the Federal Constitution, and their respective State Constitutions.
The enactment of Territorial Sea Act 2012 which was enacted under the guise of complying with UNCLOS ( United Nation Convention of the Law of the Sea), poses further risks to the rights of Sabah and Sarawak, particularly concerning access to and control over natural resources located beyond the three-nautical-mile limit, such as vital oil and gas reserves, marine life etc.
He pointed out that the potential impact on the economic development and political autonomy of Sabah and Sarawak cannot be overstated.
Given that Continental Shelf Act 1966, Petroleum Mining Act 1966 and Territorial Sea Act 2012 violates Article 2(b) of the Federal Constitution, the Federal Government should reassess to amend Act 750 and other acts and reinstate the rightful boundaries of Sabah and Sarawak as initially recognised before Malaysia Day.
Ligunjang added that his would not only uphold the constitutional agreements but also ensure equitable access to resources, promoting regional development and honoring the historical commitments made during the formation of Malaysia in 1963.
“Protecting the sovereignty of Sabah and Sarawak and their rightful maritime boundaries is essential for their continued affirmation within the Malaysian federation, ” he said
