Sabah leaders in uproar over Ambalat deal, demand PM's explanation

Summary

• Several Sabah leaders cry violation of the state’s territorial rights after Prime Minister Anwar Ibrahim reached an understanding with Indonesia over the disputed Ambalat oil and gas block without consulting Sabah.

• They warn that any federal agreement on Sabah's maritime boundaries without state consent would be unconstitutional and must go through proper parliamentary processes.

Several Sabah leaders accused Prime Minister Anwar Ibrahim of bypassing the state in what appears to be a joint decision with Indonesia to explore oil and gas in the disputed Ambalat Block.

Deputy Chief Minister I Jeffrey Kitingan said Anwar “owes Sabah an explanation” following reports that both countries had reached a mutual understanding over the hydrocarbon-rich zone bordering Sabah’s eastern maritime boundary.

“I’m disappointed to learn that this is happening. If this decision was truly made without consulting Sabah, then it is not good. It is another way of bypassing our rights,” he said when met in Kota Kinabalu.

Kitingan also questioned the legality and constitutionality of any such deal, warning that Ambalat is not merely a diplomatic issue, as it directly concerns Sabah’s territorial rights under the Malaysia Agreement 1963 (MA63).

Other Sabah leaders echoed the warning, saying the move could mirror the controversial 2009 case involving Blocks L and M, when Malaysia was accused of surrendering maritime rights to Brunei without consulting Sabah or Sarawak.

Former chief minister Yong Teck Lee also cautioned against “repeating past mistakes”.

He noted that the status of Ambalat remains unresolved in international law, unlike nearby Sipadan and Ligitan islands, which were awarded to Malaysia in a 2002 ruling by the International Court of Justice (ICJ).

“It would be fundamentally detrimental to Sabah if Malaysia now signs away sovereignty, even on a joint venture basis.

“What happens when Sabah and Sarawak regain full control over their continental shelf and territorial waters under Malaysian law?” he asked.

He also pointed out that the Territorial Sea Act 2012 - which restricts state maritime jurisdiction to just three nautical miles - is still under legal challenge.

“Any agreement that involves Sabah’s maritime boundaries must be brought to Parliament and the state legislative assembly,” Yong said.

Last month, Anwar said Malaysia and Indonesia should proceed with joint development of the disputed oil-rich Ambalat area without waiting to resolve legal and regulatory issues.

“If we wait for everything to be finalised, it could take decades,” Bernama reported Anwar saying, after talks with Indonesian President Prabowo Subianto.

‘Betrayal’

Echoing Yong and Jeffrey, Warisan information chief Azis Jamman outrightly labelled any such federal decision without Sabah’s consent as "betrayal”.

He stressed that decisions affecting the state’s maritime borders cannot be made unilaterally and must comply with constitutional processes outlined in MA63.

“Part of the Ambalat zone lies within maritime boundaries recognised before Malaysia was formed. The federal government has no right to negotiate this away without Sabah’s involvement.

“If these reports by Indonesian and international media are inaccurate, then the Foreign Ministry must immediately issue a correction.

“Otherwise, it risks not only undermining Sabah’s sovereignty but also Malaysia’s diplomatic credibility,” Azis said.

Territorial dispute

Malaysia and Indonesia maintain competing territorial claims over the Ambalat sea block, spanning more than 15,000sqkm and believed to harbour substantial crude oil reserves.

The territorial dispute arose following Malaysia's inclusion of the area in its 1979 cartographic representation, subsequently drawing objections from Indonesia, which considers it part of its sovereign territory.

The Ambalat Block lies adjacent to Sabah’s east coast, near Pulau Sipadan and Ligitan, two islands awarded to Malaysia by the International Court of Justice (ICJ) in 2002.

This formed the basis for Malaysia’s claim that the surrounding waters, including Ambalat, fall within Sabah’s maritime zone.

In August 2023, the Foreign Ministry issued a clarification regarding the Sulawesi Sea Treaty concluded between Malaysia and Indonesia on June 8 that year, stating that the Ambalat region fell outside its scope.

This followed assertions by a Sabah opposition member that the territory had been relinquished to Indonesia.

Deputy Foreign Minister Mohamad Alamin clarified that although the agreement addressed maritime demarcation, the Ambalat area remained excluded from its provisions.

He further indicated that the treaty documentation would remain confidential.

Mohamad did, however, acknowledge that the maritime boundary discussions were finalised and executed on June 8, 2023 during then Indonesian President Joko Widodo's state visit, which also involved the Sabah state government.

Mohamad could not be reached for comments on the latest developments.

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