The politics of petroleum

WHILE the war in the Middle East over the control of oil is raging, here in our little corner of the world, we Malaysians are fighting among ourselves, also over the same kind of mineral.

The battle ground is the courtroom.

Petronas is challenging the competency of the Sarawak State Legislative Assembly (DUN) to enact certain laws, asking the judges of the federal court to declare invalid several laws made by that body.

At least we don’t fight with missiles and drones around here; the lawyers’ wit and knowledge of the law are the weapons used to convince the judges.

The result of the first battle in the court of law will not be known for some time.

Whichever way the judgment will go, no one can foretell.

After the first win, there will likely be an appeal, followed by a counter-appeal, whatever the decision of the court.

The process is likely to be long – and expensive!

Will it affect state-federal relations?

No one is able to predict exactly the damage done to that relationship.

I fear the worst – the elephant is right here in the room, even if nobody wants to mention it!

Needless to say that most Sarawakians would be very unhappy should the ordinances, which had been in operation for many years in their state (two of them were enacted long before the formation of Malaysia itself in 1963) be rendered legally ineffective.

Five ordinances of Sarawak will be scrutinised by the judges of the Federal Court.

These are the Sarawak Distribution of Gas 2016; Sarawak Interpretation Ordinance 2005; Sarawak National Parks and Nature Reserve 1998; and Sarawak Land Code 1958.

Apparently, reacting to such a serious legal challenge to the applicability of state laws in terms of ownership of petroleum, the state government has no choice but to go to the court as well with its own petition, ‘so that all matters can be considered comprehensively by the Federal Court’, the Deputy Minister of Law, Malaysia Agreement 1963 and State-Federal Relations Datuk Sharifah Hasidah Sayeed Aman Ghazali has said.

I do not remember that litigation of this nature between two governments in Malaysia has ever taken place since the formation of the Federation.

Many Sarawakians, myself included, are wondering why the laws of their state are being questioned by the federal government.

What if the ordinances (including the law that created Petros) and which had been properly enacted by their lawmaking body, the DUN, were to be found in conflict with the federal legislation?

These are indeed anxious moments for us in Sarawak.

We regard Sarawak’s rights to pass laws by way of asserting our rights to our own property as a matter of right.

No one should ever question our rights and privileges as provided for in the Constitution of the Federation, of which our state is part and parcel.

Frankly, I don’t know why the company, which has mined oil from the state, has resorted to this course of action.

Won’t the approach do more harm than good, at a time like this – considering the possible side-effects of the war between US-Israel-Iran on the Malaysian economy?

The problem is being compounded now by a dispute over Sarawak’s ownership rights to its petroleum?

The questions are crucial in terms of state-federal relations and indeed, the future of the Federation itself.

I hate to think of the consequences of a protracted legal battle over – repeat – Sarawak’s rights to its own property.

Other states might chime in, airing their own particular grievances.

Many people would have preferred political pragmatism to a strict legal approach when the problem could likely adversely affect the future of a country.

However, there are others who prefer the way the state government is doing it now – relying on the court of law once and for all for justice.

What can we ordinary folks do, anyway?

The governments have decided to go to battle, come what may.

We have crossed the Rubicon, hoping that the legal battles would not drag on and on to the detriment of other relationships – people-to-people relations.

I note with sadness that there appears to be no effort on the part of the ordinary people with public influence and clout either in Peninsular Malaysia or in Sarawak or Sabah to talk about the spirit of ‘muhibbah’ (goodwill).

Years ago, we used to hear shouts of ‘muhibbah this, muhibbah that’.

Where is that spirit now among the Malaysians of the Federation?

Goodwill nurtured among ordinary Malaysians is equally important – if not more important – an ingredient in the mix of people from different cultural backgrounds that make up the population of Malaysia.

Petroleum is not the only thing that matters in our relationships.

The oil will run out one day, but let’s hope the goodwill won’t run out too!

Malaysians are very politicised people. They politicise almost everything – from business connections to religious affiliations.

Basic human values of ‘live and let live’ or ‘mind your own business’ are tainted with political or religious biases.

The relationship between ‘master and servant’ or between ‘rich-and-famous, and the dirt-poor’ syndrome is prevailing in Malaysian society.

Can’t we live peacefully without quarrelling over some one’s property rights?

Aren’t there in Malaysia any statesmen and stateswomen who have the wisdom of ruling this Federation, unmixed with petroleum money?

At a time like this, there is an urgent need for a sincere rapport between the ordinary people.

For this, there should be an organisation established in Malaysia to provide space and freedom for ordinary Malaysians to interact with one another without factoring in party politics or religion into their relationship.

Any takers?

Still, I wish to convey through the medium of this column, the message of Aidilfitri to all my Muslim friends and relatives everywhere – ‘Maaf Zahir dan Batin’.