How do you ‘give’ the oil producing states oil royalty for something that already belongs to them in the first place?

By Raja Petra Kamarudin

Give or take, give and take, they are both four letter words, just as Umno is (pun intended). Nevertheless, we can expect Umno to be confused about when to use the word “give” and when to use “take”. However, Pakatan Rakyat too?

As Julius Caesar said, “Et tu Brute?”

I am talking about the 5% oil royalty “given” to Sabah and Sarawak (and, of course, to Terengganu, as well as to all the other states as well: in the event that they too have oil and gas).

Yes, both Barisan Nasional and Pakatan Rakyat are currently discussing how much royalty should be “given” to those states that have oil and gas.

How do you “give” them something that already belongs to them in the first place? Should not the word we use be “take”? We should instead be discussing how much we should “take” from them, not how much we should “give” them.

Let me explain the history of this entire thing.

The oil and gas already belongs to the states. This is what the Malaysia Agreement and the earlier Federation Agreement was all about. And, in that agreement, it was agreed that all natural resources would be the property of the states.

No doubt, some things such as defence, security, foreign policy, etc., were federalised. But religion and natural resources are supposed to be the prerogative and property of the states.

Water, timber, land, sand, minerals, etc., all belong to the states. As do oil and gas. These are what we call natural resources. Hence they belong 100% to the states, not 5% or 20% or 50% or whatever.

Now, Umno is, of course, misleading us. They are talking as if all natural resources, except oil and gas, belong to the states and that oil and gas belong to the federal government. That is not true. And to suggest otherwise is a violation of the Malaysia Agreement.

And I would expect better from the opposition. Why is the opposition sounding like Barisan Nasional and talking about how much oil royalty to “give” to the states?

Discovery of oil

Oil was first rumoured to have been discovered in Terengganu even before 1972, during the time that Nik Hassan Wan Abdul Rahman was the MenteriBesar of Terengganu and Tun Abdul Razak Hussein the Prime Minister of Malaysia. And I said rumoured because the discovery of oil was never officially announced but was something that was being whispered in the corridors of power.

Why the hush-hush? Well, because the government had to first sort out some “loose ends” before announcing the discovery of oil.

So they did not want anyone to know about it until the federal government could ensure that the oil was “transferred” to the federal government. If not, 100% of the oil revenue would go to the state of Terengganu.

In the meantime, they secretly sold the oil to foreign buyers. The oil was transferred from the oil rigs to the ships in the middle of the sea and was exported. Only some people knew about it, the Petronas officers being some of those people.

Lim Kit Siang came to find out about this secret arrangement and there was a hue and cry when he revealed that the oil was being stolen from Terengganu. It seems a Deep Throat in Petronas had told him about it. Exxon, in collaboration with Petronas, were fingered as the chief conspirators.

A crisis was about to explode. There were rumours that all the documents in the Exxon office in Kuala Lumpur suddenly disappeared and reappeared inSingapore the following day.

Then, suddenly, the whole thing mysteriously died down and nothing more was said about the matter. No denial or rebuttal was ever issued.

Soon after that, the Menteri Besar went into conflict with the Sultan and was forced to resign. He was also exiled from Terengganu and was not allowed to ever set foot on Terengganu soil again as long as the Sultan was still alive. He never returned to Terengganu until the Sultan died.

The tense moment in that entire episode was when the Sultan’s brother stormed the Menteri Besar’s office and pointed a gun at the Menteri Besar’s head. The Sultan’s brother too was exiled to Pahang and only returned to Terengganu to attend the Sultan’s funeral.

The BN oil plan

Meanwhile, Tun Razak came out with a plan on how to bring PAS into the federal government. PAS had to be neutralised if the federal government wanted to grab Terengganu’s oil.

The idea to form Barisan Nasional was mooted and all the opposition parties such as PAS, PPP, Gerakan, etc., were invited to join Barisan Nasional.

In 1973, BN was launched and PAS became part of the federal government. In 1974, the new ruling coalition in Parliament (where all the opposition parties except DAP were now members of) passed the Petroleum Development Act and the oil and gas were transferred from the states to the federal government, meaning Petronas.

To keep the states quiet, they were given 5% as a token “oil royalty”.

This was like the whites taking away the Native American lands (then called Red Indians) by giving them worthless beads as payment.

Now, if the federal government had power over oil and gas, why the need to pass the Petroleum Development Act in Parliament? Just take it! But they couldn’t just take it. Oil and gas are the property of the states. So they needed to pass an Act of Parliament to legalise the illegal takeover of state property.

There was, of course, some resistance to this move, in particular from Sabah. But all resistance was silenced when the dissenters died in a mysterious plane crash that has never been properly explained until today.

Pakatan should stop talking about how much oil royalty to “give” the states and whether it should be increased from the current 5% to 20% or 50% or whatever. That is BN type of talk.

Correcting the injustice

The federal government is actually taking what belongs to the states. Therefore, you should be talking about how much you should take: whether 95% like now, or whether you reduce what you take down to 80% or 50%.

If we go by the spirit of the Federation Agreement, then you should take nothing. You should return 100% to the states. The most you can do is to levy a tax, like the timber export tax, palm oil tax, etc. That is all the federal government can earn. Even if the tax is 35% or 45%, never mind. But it has to be tax on the profit of the sales or a form of export tax or sales tax, whether you make a profit on the sale or not.

We always talk about Rule of Law and not Rule by Law. The Petroleum Development Act is a classic example of Rule by Law. They passed a law tolegalise something illegal: meaning, nationalising state property.

We must now correct this injustice and call a spade a spade. The federal government has been robbing the states of their oil for the last 40 years and has been giving them a mere 5% of the proceeds when it should be 100%. That is the reality of the situation.

Lim Kit Siang of DAP knows about this. He was the one who revealed what was going on even before most people knew that oil was being extracted fromTerengganu.

And Tun Salleh Abas of PAS also knows about this. He was the “architect” who drafted the Petroleum Development Act.

So no more talk about how much to give the states. We must now talk about what we are taking from the states.

Raja Petra Kamarudin is a popular blogger based in Manchester, UK.

Election .

okay, today's post is more towards current issue. i guess all of us here in Malaysia know that GE's coming soon enough. it's the 13th, fyi. so general election basically gone through for some time, can say smoothly with the government getting 2/3 seating as usual. though, a shock came in during the last GE where the government, Barisan Nasional had a setback where the opposition, Pakatan Rakyat which consist of DAP, PKR & PAS altogether gain the people's choice by winning 1/3 of the seating in the Parliament. that just shook the people. obviously, the govt did something wrong there. they didn't focus on what the people wants and needs. it was the Tun Abdullah Ahmad Badawi's reigning era where there he had to step down as a result of the people's choices. then came Datuk Seri Najib Tun Razak as a replacement, bringing in a whole new set of ideas and ways on how to tackle the people's hearts. 1 Malaysia was introduced and few other transformation plans to replace/rebuild the mistakes or what the govt didn't see.

okay, let's just skip the intro. my idea for this post today is about the election. as we all know, the only way you could gain the rights to actually vote for either the govt or the oppo, 21 years old is the age. currently. the reason i brought this up is because as we all know, sometimes we could actually debate on the right age to vote. yes, the main concern is that some might think that no, the age is correct. perfect timing in terms of mind set. you are matured enough to think, to act and to know what's right and what's wrong by observing and implementing your rights and beliefs. as time passes by, with all the technologies and knowledge we currently have. by far in my point of view, it is time for the age to be put lower. those days, the people don't have enough mediums to learn from or to observe from. television, internet, desktop/laptop, mobile phones and school are not by far a necessity to all. maybe the total income and job opportunities aren't as much and as high as today. no, what i mean is that some don't get what others have those days. but you see today as instance, majority of Malaysian citizen owns at least a laptop/desktop, a television and access to internet and cable tv (Astro). hardly these days we see a common household do not own either one of these. these, ladies & gentlemen are making us think forward, learn further and more mature in terms of mind set. yes, undeniable that some are still struggling to proceed to the right standard but what i see in Malaysian today is that we've grown. 53 years of independence taught us a lot. we learnt a lot. 

i personally think that it's time the government to think about making a few changes about the election. let's look on the bright side, we become more mature. we will think deeper on our rights and by choosing the right person to lead is important. together as well, declining the ideas of politics are lame and boring. youths today do need a jump start. make us think further. make us choose the right decision.who knows, from here we could find a future good leader somewhere among the youths that could lead our country further and beyond one day ? we will further understand the meaning and the importance of election, politics and having the right person leading for the sake of our future, the youths and yes, to the future generations as well. off record, the number of votes will be increased by the escalating number of voters if this is implemented. that will make them feel better, don't they ? lol. okay, fine by that. the thing is, people like me do think about this often. i continuously follow on to the news and things spoken by the politicians. i don't suggest 17 years old should vote but then, at least the age should be lowered. it's up to the parliament's discussion about this matter. if you ask me, i'll put a rage between 18 to 20. 21 is just too long, too far. let's make them excited to vote. just like how blood donation campaign are approached to youths. i myself contributed, twice so far this year. how about that ? i'm just opening the eyes of the people that someone do care about the country. about what's good for a change according to the timeline. it's 2011, people. a decade passed in the new millennium. think about it. 

with that, i rest my case. thank you. :)

Full text of Prime Minister Datuk Seri Najib Tun Razak's speech of ISA abolished.

My beloved Malaysians,

1.Praise be to God, with His permission and kindness, we are able to observe the 48th anniversary of the formation of Malaysia as an independent, sovereign, democratic, peaceful and prosperous nation.

2. The story of Malaysia is colourful indeed. We have evolved from a low-income agricultural country at birth into a moderately high-income modern industrialised nation today, as a result of systematic planning and sustainable implementation. Although our success has been monumental and most significant, it does not give us any reason to stop trying, feel satisfied and comfortable or take it easy.

3. For the continued survival and prosperity of the people in the highly competitive world of today, let us redouble our efforts to improve the national competitiveness through creativity and innovation and by stretching our resources in creating new wealth based on independent entrepreneurship. It may not be able to realise all these objectives without national unity, peace, stability and harmony.

My beloved Malaysians,

4. Reflecting on history, when the country achieved independence 54 years ago and became Malaysia six years thence with Sabah and Sarawak, many local people and foreign observers questioned whether a new nation, with half the population living below the poverty line, having a demographic diversity of unusual complexity, separated by the South China Sea and threatened with a communist uprising, could remain intact as a nation state, let alone be successful.

5. Evidently, Malaysia's achievements thus far, garnered through trial and error, were destined to be full of challenges. Looking at history, like a miracle in the early age of a newly independent nation, the challenges became all the more acute with the early adoption of a system and philosophy of national administration based on parliamentary democracy, constitutional monarchy and a federation when the acculturation process had yet to mature.

6. Prior to independence, the people of the 13 states which came together to form Malaysia never had the opportunity to choose a ruling government or even the pattern of its administration. Their existence was merely as citizens of colonial states accorded limited political privileges at the discretion of the administrators. Certainly, this is not a genuine political right arising from the citizenship of an independent and sovereign state.

7. Before independence, the people were given limited opportunity to choose their representatives, first in the municipal elections of 1952 and then in the election of some members of the federal legislative council in 1955. It was only after 1959, following independence, that the people began to be given the full right and responsibility to elect all members of the Dewan Rakyat and state legislative assemblies with the absolute discretion in determining the party that would form the government.

My beloved Malaysians,

8. Of course, we should be thankful because, from time to time, we were able to overcome every internal and external impediment which threatened democracy and personal freedom, such as the communist uprising, confrontation against the formation of Malaysia, racial riots, economic recession, religious extremism or racial chauvinism through prudent, democratic action based on the principles of supremacy of the constitution and rule of law.

9. It should also be remembered that during that period it never at all occurred to the government to switch the existing system of parliamentary democracy and constitutional monarchy to any anti-democratic system, no matter how tough the challenges faced. As recorded in the chronology of the country, owing to the May 13 tragedy, the Yang di-Pertuan Agong, acting on the advice of the Prime Minister then in accordance with Article 150 of the Federal Constitution, declared an emergency.

10. One of the effects arising from the declaration of the 1969 emergency was that the uncompleted election process in Sabah and Sarawak was suspended. The subsequent development was that the Dewan Rakyat elections were carried out within a period of approximately 20 months later and the system of Parliamentary Democracy was revived when the country was stable again.

11. Nevertheless, the late Tun Abdul Razak, as the Deputy Prime Minister and Defence Minister then, who was entrusted to head the National Operations Council or MAGERAN, with absolute executive and legislative powers, never had the intention to retain the power longer than necessary.

12. It was abundantly clear that the late Tun together with his colleagues then were fully aware that the limitless extraordinary powers that they held could not be made a habitude for the sake of our beloved country's future. Instead, they appreciated that the absolute power was merely a trust to curb and prevent any tragedy and chaos.

My beloved Malaysians,

13. In fact, as a country that practices parliamentary democracy, the power to determine which political party would form the government, whether at the federal or state level, lies absolutely and without exception in the hands of the people. After more than 50 years of independence and almost five decades of Malaysia's formation, we find that the experience, maturity and wisdom of the people in the country in choosing a government that could ensure that the future they aspired for could not be denied by anyone else.

14. In fact, I have often pointed out that the era where the government knew everything and owned a monopoly on wisdom has long gone. The revolution in the fields of information technology, development in communication and sophistication in transportation had opened up competition as well as a wide and dynamic comparison in the ideas market.

15. Currently, public access to all levels of education is expanding in line with the corpus of knowledge that they possess. At the same time, sustainable economic growth, the reduction in the poverty rate and the social engineering initiatives and their effectiveness, have succeeded in raising the standard of living and created a significant middle class. Now, the preference and requirements of Malaysians have undergone massive changes compared to four or five decades ago.

16. Moving further ahead, administering a nation that emerged from the independence driven by the wishes of the people, the government is now committed towards upholding the system of Parliamentary Democracy, Constitutional Monarchy, rule of law, the federation philosophy and principles of checks and balances between the three branches of the government.

My beloved Malaysians,

17. As many of you know, except for the emergency resulting from the (Indonesian) Confrontation of 1964 which has been implicitly revoked, all proclamations of emergency before this are still in force. Hence, realising the changing realities, taking the pulse of the nation and feeling the restlessness of the people aspiring for a more open Malaysia with a dynamic democracy where the views, ideas and concerns of the masses are given greater attention so that our system would be comparable to the other democracies of the world that are based on the philosophy "of the people, by the people, and for the people", the government will present a motion, under Clause 3 Article 150 of the Federal Constitution, to the two houses of Parliament for the three proclamations of emergency to cease being in force. It is time for Malaysia to forge ahead with a new paradigm based on new hope and not be constrained by nostalgia for the past.

18. In our nation building, while facing extraordinary circumstances threatening the security of the country and the well-being of the people, sometimes measures outside the norms of democracy had been called for. For example, preventive detention. Prudence in handling terrorism calls for preventive measures to protect innocent lives and property. This is a universally accepted truth.

19. From an Islamic perspective, this (preventive principle) is contained in the Syariah law aimed at protecting religion, lives, minds, ancestry and dignity, and property. The discipline of Syariah methodology deals at length with the need to prevent evil. One principle states that the ruler was entrusted to make a decision for the good of the many.

20. This is not anything strange, unusual or isolated. Advanced democratic nations like the United States and United Kingdom had formulated special legislation to handle terrorism after the September 11 tragedy.

21. The checks and balances that must exist in a modern democracy are between national security and personal freedom. Finding the right balance is the duty and responsibility of a government whose highest objective is the wellbeing of the people.

22. For example, the freedom of expression guaranteed in the Federal Constitution does not mean a right to slander and stoke the fires of hate. The government is also responsible, to take another example, of preventing anyone in a packed stadium raising a false alarm of a bomb. An out-of-control freedom like this will cause panic leading to injury and loss of lives. My beloved Malaysians,

23. I promised in the maiden speech I made when I took over as the country's Prime Minister on April 3, 2009, that the Internal Security Act (ISA) 1960 will be reviewed comprehensively. As such, I would like to announce on this historic night that the Internal Security Act (ISA) 1960 will be abolished.

24. As a means of preventing subversive activities, organised terrorism and crime to maintain peace and public order, two new pieces of legislation will be formulated under Article 149 of the Federal Constitution. Basically, these laws will be aimed at maintaining peace and wellbeing.

25. Above all, the government will ensure that the rights of those involved will be safeguarded. Legislation formulated will take into consideration fundamental rights and freedom based on the Federal Constitution. The new laws will provide for a substantially shorter duration of police custody and further detention can only be made with a court order, except laws pertaining to terrorism which will remain under the jurisdiction of the minister.

26. On the other hand, the government also gives its commitment that no individual will be arrested merely on the point of political ideology. In general, the power to extend the detention period will shift from the executive to judiciary, except for the laws pertaining to terrorism.

27. In this context, besides abolishing the Internal Security Act (ISA) 1960, the government will also abolish the Banishment Act 1959 and review several other laws to ensure that they meet current requirements. Hence, we will not hesitate to amend or abolish laws that are no longer relevant.

28. The comprehensive review will involve the Restricted Residence Act 1933 and the Printing Presses and Publications Act 1984 where the annual renewal principle will be abolished and replaced with the issuance of a licence until and unless revoked. The government will also review Section 27 of the Police Act 1967 by taking into consideration the provision under Article 10 of the Federal Constitution on freedom of assembly, but with a principle that is strongly against street demonstration. Nevertheless, the approval to assemble will be given in accordance with methods that will be outlined later and after taking into consideration international norms.

My beloved Malaysians,

29. As a country, Malaysia and its citizens are at a crossroads. The choice we make today will determine the fate and the future facade of Malaysia, the motherland which we will pass on to our children and the generations to come. The question is, can we rise beyond, and challenge, conventional wisdom that we as plural Malaysians, with varying economic status and political ideologies, can come to a consensus to not to bow and give in to the ember of hatred and suspicions, which will surely drag us to the valley of disgrace. On the other hand, come and let us power a future that is filled with hope and dignity.

30. Let us have faith, that it is a strength and not a weakness to put our trust in the wisdoms of Malaysians in determining our future. If we take this as a mistake, what then is the meaning of our achievement today, what is the use of planning the country's development in a structured way since merdeka, what is the use of spending most of the country's resources each year to give access to quality education to the people, to free the people from the clasp of poverty, to build physical infrastructure and world-class information communication technology?

31. The answer is clear, that is, the measures which I have just announced are a precursor to an orderly and prudent political transformation. This is an important and necessary complement to the initiatives in the economic field and public delivery which the government has formulated and implemented since more than two years back in the effort to move towards becoming a modern and progressive nation.

32. What is certain is that time is not too early neither it is too late; this is the most opportune time for us to make and implement these major changes. We are absolutely aware that, although some my think it is risky, we are doing this for our survival after 50 years of independence, after nearly five decades of Malaysia's nationhood. We are indeed galloping forth towards our destination to become a full-fledged developed nation.

My beloved Malaysians,

33. Finally, I would like to stress in no uncertain term that Malaysia which we dream of and one that we are currently building, is Malaysia which practices functional and inclusive democracy, where peace and public order are safeguarded in line with the supremacy of the Constitution, the rule of law and respect for basic human rights and individual rights.

For Malaysia, let's do our best and leave the rest to God. Wabillahitaufik Walhidayah Wassalamualaikum Warahmatullahi Wabarakatuh. Thank you.

ISA is abolished.

KUALA LUMPUR: Several draconian laws including the ISA and the three Emergency proclamations are to be repealed under major civil liberty reforms announced by Prime Minister Datuk Seri Najib Tun Razak on Thursday.

The historic changes, he stressed, were to accommodate and realise a mature, modern and functioning democracy; to preserve public order; enhance civil liberty and maintain racial harmony.

The changes, which represent the biggest shake-up of the Malaysian system since independence from Britain in 1957, were announced by the Prime Minister in a prime-time television address on the eve of celebrations marking the anniversary of the foundation of modern Malaysia.

The reforms include:

*Total repeal of the Internal Security Act

The legislation, introduced in 1960 in the wake of an armed insurgency by Communist rebels, gives the police wide-ranging powers to detain suspects indefinitely.

It will be replaced by a new law that incorporates far more judicial oversight and limits the powers of the police to detain suspect for preventive reasons.

37 people are currently being held under the ISA. There will be a six-month transition period while the new laws are introduced, after which their cases will be considered under the new legislation.

*Total repeal of the Emergency Ordinance

Introduced following race riots in 1969, the Emergency Ordinance, which allows suspects to be detained without charge for up to two years if permission is granted by a Minister.

This too will be replaced by a law that will not compromise on national security and terrorism while increasing democratic accountability and judicial oversight.

*Removal of annual renewal of press and publication permits

All licences will now remain valid indefinitely unless they are revoked, in common with broadcasting regulations in many Western nations.

*Government to review Section 27 of the Police Act 1967

The Malaysian constitution guarantees the right to freedom of peaceful assembly. The law requires police permission before gatherings can go ahead, including on private land such as stadiums. This law will now be reviewed to bring Malaysia in line with international standards while ensuring that the police retain the power to prevent violent scenes on the nation's streets.

A host of other laws, including those governing banishment and residence, will also be abolished or reviewed. Any law found to be no longer relevant or justifiable will be repealed.

 

it's abolished already . Happy now ? lol

are we goin too fast ?

i was wondering.. as we had lots of things happened lately in the country such like economy down fall, by-elections, political wars, passing of late sultans.. could things gone easier rather than this one shot plans by our latest prime minister, najib which really did shocked the citizens.. subsidy cuts.. no more oil subs, edu subs, food subs and lots and lots more. this results to.... there you go, PRICE HIKE ! seriously i'm telling you.. my vision for next few years would be hard ones. oil price up, groceries up, even goods are up. tax tax tax. tax here and there. this will go till 2014 said him and i don't think people could hang on till next 4 years with these kind of prices unless, the workers.. govt. sector and also prvt. sector's salary are raised. somehow i don't see that coming as the government said the reason for all these ideas are because of the debts.

let's say the current price for a pack of cig would cost $10.. when in MY, they subsidized it for the people by making it rm6.40 (min) . they are losing money right there. same goes to other stuffs such as attires, foods, transportation and ect. yeah, it wouldn't be fair to some people whom are unaffordable or to say doesn't have enough income to survive himself and his family. not just that.. person's wants and needs are there together guys. you would love to go for movies, you would love to shop a few clothes sometimes and such foods like mcdonald's, kfc, pizza and other chain fast food restaurants lovely to dine with. maybe this would hurt most of them. the result/feedback would be devastating. the govt would probably lose their campaigns in by-elections, lose their supporters and such just because of a price hiking. hey, let's not get too absurd. somehow the govt. trying to pull our country to a better future leading to the famous vision 2020 by tun dr. mahathir mohd.. ? who knows. i'm betting that things would be according to plans IF they do it bit by bit.. one step at a time. or it'll lead to what i've said earlier isn't it ?

let's not get too stuttered ladies and gentlemen. they are all educated personnels just trying to serve the nation.. might as well gaining a reputation or name among the citizen.. who knows. different people, different thoughts right ? let it alone and us, the people.. keep an eye on it, watch and see how it'll go.. and how good/bas it'll turn. i'm just hoping the best from our pm, do ya thing bro. hope it goes well without effecting us BADLY. the news itself already shook us to the pits of hell. lol c'mon govt.. cheer us up a lil bit by just limiting it rather than cutting it all off. right people ? hands down, malaysia is really on track for development and one of the top developing countries which are on fast pace of movement in terms of gaining status as developed and recognized by the world or simply said, first world countries which are in optimum level.

i'll end this post by just giving you something to think. how to act and confront this issue when it do really happens in the near future. be prepared, save some cash for future, spend with care.. live long and prosper :)