PRESS STATEMENT: REGARDING THE PROPOSAL BY NGO SABAH ACTION BODY ADVOCATING RIGHTS (SABAR) TO CHALLENGE THE CONTINENTAL SHELF ACT 1966 AND THE TERRITORIAL SEA ACT 2012 IN COURT
I welcome and commend the effort and initiative taken by Sabah Action Body Advocating Rights (SABAR) in pursuing legal action concerning Sabah’s rights in relation to the Continental Shelf Act 1966 and the Territorial Sea Act 2012. This effort reflects the concern of civil society in defending the rights of the State of Sabah as provided under the Federal Constitution and the Malaysia Agreement 1963 (MA63).
However, although SABAR has been granted locus standi by the court, in my view, the party that has the strongest locus standi is the Sabah State Government itself. The State Government carries the direct responsibility and mandate from the people to defend the rights of the state, including matters involving territorial sovereignty, continental shelf, and state revenues.
Therefore, the Sabah State Government should step forward and bring this matter to court on its own to claim the rights related to the Continental Shelf Act 1966 and the Territorial Sea Act 2012 for the benefit of the people of Sabah as a whole.
If the Sabah State Government is unwilling or not prepared to take such legal action, then it would be appropriate for the state government to consider providing financial support to cover the legal costs currently borne by SABAR. Such support is important to ensure that the effort to reclaim Sabah’s rights can continue without obstruction, as this matter involves the interests of the state and future generations.
In addition, several Members of Parliament and State Assemblymen, including Nominated Assemblymen who have spearheaded this matter as seen in the recent press conference, are themselves from component parties within the Sabah State Government. Therefore, I suggest that this issue be formally discussed within the component parties of the state government so that a stronger and more decisive common stand can be taken.
If necessary, political channels and internal pressure within the government should be used to ensure that the Sabah State Government takes the appropriate action. Issues concerning territorial waters and the continental shelf are not minor matters, but involve state sovereignty and revenues that will significantly affect Sabah’s future development.
Sabah’s rights are not the concern of any individual or organisation alone, but the rights of all the people of this state, which must be defended with full responsibility, determination, and courage by those who have been given the mandate to govern.
YB THAM YUN FOOK
ADUN N19 LIKAS
