Najib on Sarawak's Oil Stand Shames Sabah BN Leaders–Dr. Jeffrey

Kota Kinabalu:    “The impromptu response by PM Najib that the federal government will give utmost consideration to Sarawak’s request for higher oil and gas royalties certainly has shamed the Sabah Government and BN leaders and put them in a bad light” said Datuk Dr Jeffrey Kitingan, Sabah STAR Chief, in responding to PM Najib’s reply to CM Adenan’s speech on Sarawak seeking higher royalties.

While CM Adenan’s speech may not be off the cuff given that the Sarawak legislative assembly had adopted the motion unanimously to seek higher oil royalties, it was nonetheless very significant and important that Adenan had taken the occasion of Najib’s presence at the Malaysia Gawai Dayak Open House in Miri to make the request.

Adenan’s request certainly has no parallel in Sabah where the Sabah government and its BN leaders have been muted in their stand on higher oil royalties.   

Sabah Umno leaders were no were to be seen or heard on Sabah’s oil and gas rights.   Some of the other component parties had to resort to getting their youth wings to make a stand while their senior leaders were dumbfounded by the common people’s stand that Sabah should be given higher royalties if not taking back the full ownership rights.

At the legislative assembly level, it was a no-contest between Sabah and Sarawak.  The Sarawak lawmakers had made an unequivocal and clear-cut 71-0 demand for higher royalties.  On the Sabah front, a motion to debate on Sabah’s oil rights and royalties were flatly rejected and added with an emotional charade by the CM.

“With this latest development and assurance by the PM, the Sabah government and its leaders should re-assess their position and make a positive stand and at least demand for higher royalties if not for return of the oil ownership rights as well as shares in Petronas” suggested Dr. Jeffrey.

“After all, they have been boasting of and harping on the good and cordial relationship with the federal government” added Dr. Jeffrey.

These Sabah leaders should shed their vested interests and look after Sabah’s and Sabahans’ rights, interest and welfare.  They should not take Sabahans for granted any longer.

They should demand for Sabah’s oil rights for the benefit of all Sabahans, including those yet-born even if it means losing their high positions.   By not doing so, it can only mean that the good relations do not exist except in their imagination.

The Chief Minister and the Sabah government should start representing the people of Sabah as true elected representatives.   As the Chief Minister, Datuk Seri Musa Aman should give priority to the interests of Sabah and not the interests of Umno.   He should not be trapped in the mindset as a Umno representative but rather as the leader of all Sabahans and looking after the larger interests of all Sabahans, not Umno’s interests.

Perhaps, the Chief Minister of Sabah can go one up on his counterpart in Sarawak by seeking for shares in Petronas for Sabah and all the oil-producing States.   It is not wrong for the Chief Minister and the Sabah government to demand for ownership of Petronas.

“How wonderful it would be for Sabah if all Sabah BN leaders, at all levels, were to make a similar stand to ask for higher oil royalties and shares in Petronas and show that they are also true patriots of Sabah and not meek leaders and stooges of Kuala Lumpur” wished Dr. Jeffrey.

Datuk Dr. Jeffrey Kitingan

Chairman, Borneo Heritage Foundation (BHF)

03 June 2014

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Take 95% Shares But Oil Belongs to Sabah–Dr. Jeffrey

Kota Kinabalu:   “The Sabah Government should stop playing hide and seek with Sabah’s oil and gas resources and the Chief Minister should make a clear stand of the government’s intention.   Getting connected bloggers to test the water with speculations is not proper and transparent governance”, said Datuk Dr Jeffrey Kitingan, Sabah STAR Chief, when commenting on the speculations of the Chief Minister intending to seek shares in Petronas for Sabah’s oil and gas resources rather than increasing “Oil Royalties”.

The federal and Sabah governments should realize that they cannot take the people for granted and that they can no longer fool Sabahans and Sarawakians that the oil and gas resources belonged to Petronas and the federal government.

It was daylight robbery when on 26 March 1975, the late Tun Abdul Razak signed the Vesting Order under the Petroleum Development Act, 1974 vesting all of Sabah and Sarawak’s oil and gas resources in Petronas when he had no legal power or authority to do so.

The federal Parliament had no business and no jurisdiction to legislate and pass the PDA when it was clear that land and mineral resources including petroleum and gas remained under the State List in the Ninth Schedule of the Federal Constitution.

UnderSection 24 of the Land Ordinance (Sabah Cap. 68), the petroleum and gas resources belonged to the Sabah government.

It was under dubious circumstances the then Chief Minister of Sabah signed the Oil Agreement on 14 June 1976 agreeing to accept 5% cash payment for the oil and gas resources from Sabah and further agreeing to waive all collections of royalties payable to the Sabah government under Section 24 of the Land Ordinance.   

The 1976 Oil Agreement was signed without any discussion and mandate from the State Legislative Assembly as the resources belongedto the Sabah government and NOT to the Chief Minister.

The Chief Minister and the Sabah government are missing the point by looking at the oil royalty and rhetorically speaking of asking for an increase and at the same time boasting of how good their relationship with the federal government and federal leaders are.

If indeed the good relations exist, the federal government would have increased the “oil royalty” or cash payment a long time ago and not for the Sabah Umno leaders to keep harping on it.

If the good relations does exist, it should be proven by the readiness of both federal and State government to review the Malaysia Agreement 1963 (MA63) and to discuss the restoration of oil ownership.

“The good relations just does not exist.  It’s a figment of these leaders’ imagination” opined Dr. Jeffrey.

At the recent sitting of the State Assembly, the police were out in full force to disrupt a group of concerned Sabah citizens from handing over a Memorandum to review the MA63 and the PDA 1974.  At my last press conference on disclosure of my Motions to review MA63 and the PDA and the Bill to amend the State Constitution to restore the TYT to Yang DiPertua Negara, a Special Branch team were in attendance.   Surely, these actions cannot be interpreted as good relations but scare and intimidating tactics against the people of Sabah.

The Chief Minister and the Sabah government should stop misleading the people.

If they have any conscience for the plight, welfare and poverty of Sabahans, they should take immediate steps to restore and regain Sabah’s oil and gas ownership rights.

If the Sabah leaders diligently check the history of oil in Sabah and the Hansard of the State Legislative Assembly, they will find that in 1971 it was declared that the Sabah government had signed five (5) petroleum agreements with oil companies and were entitled to 12.5% in oil royalties in addition rents for the areas involved.

“It is all there for all to see.   The PDA 1974 is an unconscionable and unconstitutional piece of legislation and ought to be revoked or declared invalid.    The 1976 Oil Agreement ought to be invalidated on the ground that it was ultra vires the powers of the Chief Minister to sign it” added Dr. Jeffrey.

As for the speculation of asking for shares in Petronas, it is the legal right of the governments of the oil producing States, Terengganu, Kelantan, Sabah and Sarawak, to be entitled to full ownership of Petronas. 

“Petronas is what it is today, due to the oil and gas revenues generated from the oil producing States.  Of course, giving credit where it is due, the management of Petronas, past and present, ought to be commended for their efforts in transforming Petronas to what it is today” said Dr. Jeffrey.

If not for the oil revenues, with some 75% coming from Sabah and Sarawak, the Petronas Twin Towers and the federal administrative capital of Putrajaya would not be in existence today.

It is not wrong for the Chief Minister and the Sabah government to demand for ownership of Petronas.

“If the past history of distribution of oil revenue is any gauge, 95% of Petronas’ shareholding should be given to the oil producing States and the remaining 5% shares be given to the federal government as a gesture of goodwill by the oil producing States” concluded Dr. Jeffrey.

Datuk Dr. Jeffrey Kitingan

Chairman, Borneo Heritage Foundation (BHF)

25 April 2014

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SSPR Gesa Tindakan Terhadap Ugutan ke atas Warga Sabah, Sarawak

Ranau:   Sebuah NGO tempatan yang diketuai oleh Jalibin Paidi hadir ke Ibu Pejabat Polis Daerah Ranau untuk mengemukakan laporan polis. Seramai 27 orang, yang mewakili Pertubuhan Sepakat Satu Perjuangan, Ranau ( SSPR ) telah tampil untuk mengemukakan laporan.

Menurut Jalibin, laporan polis itu dibuat terhadap post di Facebook oleh sebuah kumpulan yang menggelar kumpulan itu sebagai 'Semenanjung Malaysia ANTI Sabah & Sarawak' yang amat keterlaluan, mengancam keselamatan orang-orang Sabah di Semenanjung dan mampu mengancam keharmonian masyarakat majmuk dalam Malaysia.

"Kami Sabahan yang cintakan perpaduan, hidup harmoni, tahap toleransi berbagai kaum dan agama yang tinggi, dan saling menghormati, tidak mau ada pihak yang cuba menyemai bibit perpecahan dan ketidakamanan. Pihak admin atau individu 'Semenanjung Malaysia ANTI Sabah & Sarawak' mesti disiasat dan dihentikan perbuatan mereka oleh pihak berkuasa sebelum ia semakin menjadi-jadi" ujar Jalibin.

Difahamkan, lebih daripada 40 laporan sama juga telah dibuat oleh ramai individu atau sekumpulan individu, bukan saja di Sabah, malah di seluruh Malaysia.

Jalibin Paidi

Pertubuhan Sepakat Satu Perjuangan, Ranau ( SSPR ) 

08 September 2014

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Jeffrey Welcomes Meeting with Putrajaya To Address Issues Behind Secession Calls

Kota Kinabalu:    “The best and the only way to deal with the incessant calls for secession or separation is to take the bull by the horns and address them” said Datuk Dr Jeffrey Kitingan, in welcoming a statement by the Deputy Home Minister for Putrajaya to meet the "separatists". Jeffrey's name was singled out in the Deputy Home Minister's statement.

It is time for the Federal Government to address the unhappiness behind the calls for secession/separation/Sabah Sarawak rights...the issues are all the same but the calls become louder and more intense the longer these frustrations are ignored overtime explained Jeffrey who was detained under the ISA in 1990's for raising the rights of Sabah under the 20- Points pre-conditions for Malaysia. 

At that time Jeffrey was questioning why the federal government was treating the PBS democratically elected government so badly. For that call Jeffrey was labelled "secessionist".

Today, this calls for "separation" are gaining momentum inside and outside Malaysia because the government have ignored the cries for justice for the last 50 years. 

Infact, the situation have gotten worse as actions and decisions by Kuala Lumpur towards the Borneo States have tended to reinforce concerns that the intention of Kuala Lumpur all along was to take over Sabah/Sarawak, re-colonize and subjugate them and exploit their oil resources....actions like pressuring the States to surrender their oil, imposing the rotation of chief ministers, changing the demography of Sabah through the so called "Project IC/Mahathir"; the downgrading of the status of Sabah and Sarawak tobecome the 12th and 13th Malayan states; the jailing of activists and the direct rule of Kuala Lumpur through UMMO.

Discussing and querying the federal and Sabah governments on these unhappiness have not only met with negative responses but their loyalty to Malaysia questioned. 

“Now those expressing unhappiness are simply called "secessionists/separatists" said unhappy Jeffrey.

So, it is time for the powers that be to come down from their high horses and listen. Yes, listen and address these frustrations before it is too late.

The Prime Minister must be serious on this.

Diffuse the situation, the rhetorics and to quickly establish a national mechanism to address these unhappiness.

Please don’t continue to ignore and sweep these problems under the carpet. The calls for the review of the Malaysia Agreement should respected and accepted in good faith.

Please don't say "apa mau review review..."as was the response I received when I raised the matter in the Sabah Legislative Assembly recently.

Datuk Dr. Jeffrey Kitingan

Chairman

Borneo Heritage Foundation (BHF)

08 September 2014

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Will Federal Flood Aid Come This Time? – Dr. Jeffrey

Kota Kinabalu:    “Having suffered in silence during the last December and this January devastating floods, Sabahans particularly in Kota Kinabalu, Penampang, Papar and Tuaran, should open their eyes and see for themselves the treatment they will be getting or not getting for federal flood aid” said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief, commenting on whether there will be federal aid in the devastating floods that hit the 4 districts and closed 8 schools on Tuesday. 

It is with deep regret that in the last floods, there were hardly any federal flood aid for the victims in Sabah. 

In comparison in the floods in the East Coast of the Peninsula, the Prime Minister of his 1-Malaysia handed out to the victims RM500 immediate flood aid from the federal government.   The victims were then swarmed with TV sets, refrigerators, bed sets, pillows and mattresses and stoves amounting to RM5,000 per family with the Prime Minister himself handing them out.  

Sabah and Sarawak flood victims did not even get a single pillow.

To rub salt into the wound, Petronas who had “robbed” hundreds of billions, if not trillions from Sabah’s and Sarawak’s oil and gas, gave cash and goodies to the flood victims in the Peninsula but not to Sabah and Sarawak.

In addition, the federal government gave compensation to farmers and fishermen for their losses of crops, livestock and fish in cages with the Minister of Agriculture even announcing that the aid would be given within two weeks.

While it is not disputed that the flood victims in the Peninsula should be given the aid, the issue at hand is that no similar assistance were given to Sabahans.

“Why the marginalization of Sabah flood victims by the federal government?

Is it because Sabahans are not Malays?”

“Will there be federal flood aid this time round?" asked Dr. Jeffrey.

The latest floods to inundate the 4 districts, while a much regretted tragedy, will accord an opportunity to the federal government to make amends and provide the necessary flood aid with compensation for crops, livestock and other losses.

If the federal government fails to respond with a fair, equitable and timely flood aid for the Sabah victims, Sabahans should take steps to reject the federal BN government since they are not been treated as equal Malaysians.

Datuk Dr. Jeffrey Kitingan

Chairman, Borneo Heritage Foundation (BHF)

08 October 2014

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Show Details of Federal Allocations to Sabah – Dr. Jeffrey

Kota Kinabalu:     “It is sad the federal Minister from Kota Belud is still caught in a time warp and living in the past trying to hoodwink Sabahans with distortions and half-truths on revenues collected from and federal allocations for Sabah” said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief in response to the Minister’s assertion that the federal government spent RM22.1 billion for 2012-2013 on federal allocations in Sabah while collecting only RM8.3 billion revenue.

The federal Minister is wrong to treat Sabahans as ignorant fools that do not understand the trickery of the federal government and the Minister himself in stating the revenues from and federal allocations for Sabah.

The Minister should prove himself as a modern responsible Minister and a not feudalistic warlord cum stooge of a far-flung colonial master across the South China Sea.

In presenting the half-truths and undisclosed figures, the Minister has made a fool of himself to Sabahans present at the recent Forum at a leading hotel in Kota Kinabalu.   At the same time, he has made the federal government to look bad and evil.

In understating the revenue at RM8.3 billion, the Minister has failed to disclose that it did not include revenues from companies not based in Sabah eg. plantation companies and oil companies that earn tens of billion each year from Sabah.   At the same time, he forgot to include that Sabah contributed RM36.48 billion in oil revenue for 2012-2013 with another RM26.6 billion collectible for 2014.

The Minister also lied to the people when he forgot to state that from the revenues collected from Sabah, the federal government was required to give back 40% under the 10th Schedule of the Federal Constitution.  Even assuming only RM8.3 billion collected, Sabah was entitled to receive RM3.32 billion.

On the other hand, when the Minister attempted to show that it was generous in spending RM22.1 billion for Sabah, it clearly backfired.    The federal government did not spend it for Sabah, certainly not for development as the Minister was attempting to infer.   It went to finance the salaries, wages and operational costs of the parallel Sabah government comprising of federal ministries, departments and agencies, as a neo-colonial mechanism to control Sabah.

Many of them are headed and staffed by Malayans and they are redundant and duplicate the functions of Sabah agencies and jeopardize the importance of Sabah agencies and takeover the autonomy and functions of the Sabah government.   It not only deprive Sabahans of jobs opportunies but also deny Sabahans of advancement and human resource development.   

Can one imagine if the federal agencies were staffed by Sabahans from the 1980s alone, we would have a whole generation of Sabahans who could have better cared for the welfare of their familes and could have been mentors to the present youths who are now forced to work in the Peninsula and Singapore?

The Sabah economy would also have benefited with the billions earned by Sabahans in the public service rather than now where the billions are siphoned back to the Peninsula to feed their families.

Is it a wonder that Sabah and Sabahans are the poorest in Malaysia?

The Minister should have disclosed how much of the RM22.1 billion was spent for Sabah and for development and not deliberately leave it hanging in the air.   

The Minister’s reliance on figures supplied by the federal government shows a similar typical dependence of Sabah Umno BN leaders without knowing the whole truth.   He should have done his own research and get to know the true picture.

  

For the benefit of the Minister, his Prime Minister boss announced in Budget 2014 that Sabah and Sarawak would receive a development budget of only RM2.3 billion out of the national RM40 billion bill.

If as what the Minister absurdly suggested that Sabah and Sarawak were 2 of the 13 States, they would have received a fair share of RM6.15 billion development budget not RM2.3 billion.

As the Minister was appointed in May 2013, and as a Minister and MP from Sabah, did he fight for the fair allocation of RM6.15 billion for Sabah and Sarawak?   Did he even voice that 40% of the revenue collected from Sabah should be returned to Sabah where development is badly needed?  He better come more prepared for the next Forum instead of trying to hoodwink Sabahans with half-baked figures.

Datuk Dr. Jeffrey Kitingan

Chairman Borneo Heritage Foundation (BHF)

06 October 2014

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Sabah Not Supposed to be 12th State of Malaya - Dr. Jeffrey

Kota Kinabalu: "The federal Minister from Kota Belud must have forgotten his roots as a Sabahan and do not understand the history and basis of the formation of Malaysia that Sabah and Sarawak did not join as the 12th and 13th States of Malaya.   It may be understandable if he meant to please his Umno bosses in Putrajaya or intends to migrate to the Malaya after his stint as federal Minister” said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief, commenting on the Minister’s statement that Sabah is 1 of 13 States in Malaysia. 

If the intention was for Sabah and Sarawak to join as the 12th and 13th States of Malaya or Malaysia, there would have been no necessity to have the Cobbold Commission, the Inter-Governmental Committee, the MSCC or even the Malaysia Agreement. 

All it needed was for Sabah and Sarawak to accept the terms and conditions of Federation of Malaya Agreement and they would have been equal to Perlis, which Sabah is 90 times its size, or to any of the other 11 States in Malaya.

Our founding father, Tun Fuad, specifically stated that Sabah would not join as the 12th State of Malaya and warned that it that was the case, it would merely be turning Sabah into a Malayan colony and hand over to Malaya and that Malayans would be the new expatriates or colonial masters.

The ultimate objective of the British as reported by AJ Stockwell in the British Document, “The End of An Empire”, at page xxxvii was “… our ultimate objective is a confederation between the 5 present Territories of the Federation of Malaya, Singapore, Sarawak, North Borneo and Brunei.”

Right from the outset, Malaysia was to be a new nation and a partnership not a takeover.   Lord Cobbold, chairman of the Cobbold Commission had this to say:

“It is a necessary condition that from the outset, Malaysia should be regarded by all concerned, as an association of partners, combining in the common to create a new nation but retaining their own individualities.”

        “If any idea was to take root that Malaysia would involve a ‘take over’ of the Borneo territories by the Federation of Malaya and the submersion of the individualities of  North Borneo and Sarawak, Malaysia would not, in my judgment, be generally  acceptable or successful.”

Malaysia was to be a family of nations as clearly spelt out in Schedule F of the IGC Report that Malaysia was:-

          “An association of several Sovereign States with a central organ vested with powers directly over the citizens  of the member State and in certain defined circumstances  over the member States themselves. There would be a Central Government  and also  State Governments, but from  the view point of international law,  the collection of States forming the Federation would be recognized as one Sovereign State within a family of nations.”

Even the first recital of the Proclamation of Malaysia clearly states that Sabah, Sarawak and Singapore shall be federated with the Federation of Malaya.

From the beginning it seems to be the intention of a takeover of Sabah and Sarawak with the Malaysia Agreement being drafted between the British and Malaya without Sabah and Sarawak.   There were no discussion whatsoever of an expansion of Malaya and then re-named as Malaysia, yet, this was what was done by Malaya behind Sabah and Sarawak’s back.

“How is it that Sabah is now 1 of the 13 States of Malaya equal to the other 11 states in Malaya?”

“Why must the federal government unilaterally amend the Federal Constitution with effect from 26 August 1976 to make Sabah and Sarawak the 12th and 13th States?” asked Dr. Jeffrey.

Perhaps, the federal Minister should consult his political masters and Umno leaders, “how and why has Sabah been turned into the 12th State of Malaya disguising as Malaysia when Sabah never joined Malaya or Malaysia as the 12th State?”

If the federal Minister is truly a Sabahan at heart and has a conscience, he should be asking the federal government and Malayan leaders to review the Malaysia Agreement so that the past mistakes can be rectified.   The federal Minister should know by now from the people in his own constituency and throughout Sabah that only by restoring Sabah and Sarawak as equal partners to Malaya can Malaysia be saved from breaking up and disintegrating.

Datuk Dr. Jeffrey Kitingan

ChairmanBorneo Heritage Foundation (BHF)
06 October 2014

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Intervene Soonest and Implement Land Reforms - Dr. Jeffrey

Kota Kinabalu:  “The Sabah government need to intervene in land disputes involving all native customary rights and at the same time carry out land reforms to make land administration particularly land alienation, fair, transparent and with integrity” said Datuk Dr. Jeffrey Kitingan, STAR Sabah Chief cum Bingkor Assemblyman, in asking the Sabah government to intervene soonest and resolve the on-going land dispute and stand-off in Kg. Malinsau, Wayan and Sinurai, Ulu Sugut, Ranau.

While it is lauded that the elected representatives from Ranau and Kundasang and the Director of Lands and Surveys have met and come out with statements, the land dispute is still unresolved.

The land dispute also needs to be seen from the right perspective.   If the villagers/native inhabitants did not form a human barricade with the aid of volunteers of SSPR, an NGO from Ranau, the disputed land would have been totally cleared and destroyed by now.

Moreover, according to the native villagers, there were no ground surveys and no boundary markers in the disputed land as alleged by the authorities that a proper survey was done.  

Even then, it did not stop the cutting down of about 300 rubber trees by the intruding mob with more than 100 foreigners and watched by the police with their vehicles and black Maria lorries ready to arrest and cart away the native villagers.   It was not just a case of clearing land for their proposed site office as allegedly reported.

Luckily, there were no untoward incidents and eventually good sense prevailed and the destruction was stopped pending further negotiations.  Hopefully, a final resolution can be achieved with the native villagers getting to keep their lands and rubber trees that are not destroyed.

To resolve this land mess in Ulu Sugut, Ranau, and in many similar cases, the government must intervene to resolve the land dispute and it is hoped that the government will do so for the rights and welfare of the native villagers.

At the same time, the Sabah government need to implement land reforms which should include:-

(a) respecting and acknowledging native land rights by establishing clear-cut provisions for safeguarding of NCR and other land rights;

(b)   mandatory provisions for ground survey/inspection and inquiry before land applications are considered;

(c) establishing of a Land Tribunal and if possible a Land and NCR Commission and a Native Land Foundation;

(d)   making provisions for court proceedings to be allowed to challenge disputable decisions of the Director of Lands and Surveys and Collector of Land Revenue as they are not above the law;

(e) widen the scope of land use of Native Titles so that the natives get better valuations on their lands and for development without sacrificing native lands to be converted to country leases.

“I hope to propose some suggestions at the next DUN sitting in November, 2014 and hope that land administration to safeguard native customary rights can be further strengthened” added Dr. Jeffrey.

Meantime, the relevant departments should assess the damage and loss of income of the native villagers arising from the destruction of the 300 or so rubber trees and provide monetary aid which could be an estimated RM2,000.00 – RM3,000.00 monthly loss of income.   The villagers would be needing this income to cover their daily family expenses.

Datuk Dr. Jeffrey Kitingan

Chairman Borneo Heritage Foundation (BHF)

04 October 2014

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