The Access to Biological Resources and Benefits Sharing Bill tabled by Wan Junaidi in Parliament is another one of the laws passed by the Federal Government which has an effect of eroding Sarawak’s autonomy, and this time it affects the Sarawak’s autonomy in the field of biodiversity study, development and commercialisation activities.
In Parliament on Monday (31-7-2017), I warned Wan Junaidi of the effect of the Bill despite a provision in the Bill (Clause 1(3)) which states that the law will be enforced in Sarawak after consultation with the State Government.
There are many other provisions in the Bill that empower the Federal Government to formulate policies and regulations affecting the research, development and commercialisation of biodiversity products.
Since the formation of Malaysia, biodiversity research, development and commercialisation, especially when it comes to those found in the forest which is abundant in Sarawak, is in the exclusive jurisdiction of the State Government, and the State has the Biodiversity Centre Ordinance, 1997 for the management and control of such activities.
With the passing and implementation of the Access to Biology Resources and Benefits Sharing Bill, the State will lose its exclusivity in the control of these valuable resources to the Federal Government. Federal Agency will then be set up under the Bill to formulate regulations and policies controlling such activities.
Though it is stated in the Act that the Act will only take effect after consultation with the State Government, however, in reality, the Federal Government has the means to pressure the State Government into subservience. One way in which the Federal Government can muscle its way through is by the control of federal allocation, ie. “If you don’t allow the implementation of the Act in Sarawak, Sarawak will get no allocation from the Federal Government”.
Therefore, this Bill that Wan Junaidi was tabling on Monday, is opening the way for Federal intervention into the research, development and commercialisation of biodiversity products which has all this while been within the exclusive State’s jurisdiction and autonomy.
In fact, if one were to look into our history, that was exactly how Sarawak has lost many of its autonomy to the Federal Government in many areas. First, the implementation of federal laws or policies in Sarawak with the consent or consultation of the State, then Federal agencies exerting its influences over State’s implementation of the laws and policies and ultimately, the Federal agencies taking over the management of the whole matter and State agencies becoming a subordinate to Federal agencies.
If Wan Junaidi cares to study the history of Sarawak in Malaysia, he will know exactly what I am talking about, examples of which is the education and health matter. Examples in recent times are the Territorial Sea Act and the Tourism Tax Act. Now, it is the Access to Biological Resources and Benefits Sharing Act.
It is a shame that such a Federal law that has the effect of erosion of Sarawak’s autonomy is now tabled by a Federal Minister who comes from Sarawak.
That just goes to show that, the show of “Sarawak for Sarawakian” or “Fighting for Sarawak Autonomy” put up by the Sarawak Barisan Nasional in Sarawak is just a play-acting to pull wools over the eyes of Sarawakians.
On the one hand, the Sarawak BN tells Sarawakians that it is fighting for Sarawak’s autonomy. On the other hand, Sarawak BN’s minister sitting in the Federal cabinet tabled and passed federal laws that cause the erosion of Sarawak’s autonomy. This is a clear sell-out of Sarawak’s autonomy.
As such, I have in my debate on Monday, told Wan Junaidi to make a slight amendment to the Bill by stating clearly in the Bill that “this Act shall not be applicable in Sarawak”.
It is regrettable that Wan Junaidi took no heed of my advice and proceeded to pass the Bill as he had tabled, thereby opening the door for federal intervention into the field of biodiversity in Sarawak.
This is yet another incident of the so-called local party of Sarawak selling out the exclusive rights of Sarawak. It happened in the past, it is still happening despite the big “hoo haa” in Sarawak and it will continue to happen so long as Barisan Nasional is in power at both federal and state level.