KOTA KINABALU, July 4 — The government is planning to table the State Immunity Bill, which is currently at the policy stage, at Parliament in October, according to Law and Institutional Reform Minister Datuk Seri Azalina Othman Said.
The proposed law will reflect the general principles of international law regarding sovereign immunity, effective service to foreign states, upholding the rights and interests of relevant parties, safeguarding national sovereignty, and promoting good relations with other countries.
“The State Immunity Bill aims to codify the principle of state immunity as part of Malaysian law, reflecting Malaysia’s efforts to ensure the protection of national sovereignty in matters involving claims,” she said.
Azalina was speaking at the 2023 International Dispute Resolution Colloquium, inaugurated by Sabah Chief Minister Datuk Seri Hajiji Noor earlier today.
On June 6, she said the Malaysian government secured a landmark victory in the dispute with Sulu claimants after the Paris Court of Appeal upheld Malaysia’s challenge against the partial award rendered on May 25, 2020, by Gonzalo Stampa, and that the arbitrator (Stampa) wrongly upheld his jurisdiction.
“This decision has strengthened the position and confidence in Malaysia’s firm stance on this matter. More importantly, the recent historic decision by The Hague Court of Appeal on June 27, 2023, is the first decision to reject the claimants’ attempt to recognize and enforce the alleged final award.
“The decision of The Hague Court of Appeal will contribute to the next success in ongoing proceedings initiated by the Government to challenge the recognition and enforcement of the final award in other jurisdictions, including in Luxembourg,” Azalina said.
Meanwhile, Hajiji in his opening speech called on the global community to stand with Sabah in rejecting the unfounded claims by the so-called Sulu heirs, which threatens not only Malaysia but also the principles that underpin international order.
“The international community has been pivotal in supporting Malaysia’s position on this matter. We are grateful for the solidarity expressed by our friends and allies, who understand the importance of upholding the principles of sovereignty and territorial integrity.
“The recent decisions at the Paris Court of Appeal in France and at the Hague Court of Appeal, Netherlands are testaments to the government’s unwavering commitment to protecting the rights, integrity and sovereignty of Sabah,” he said.
Hajiji reiterated the Sabah Government has firmly rejected the so-called ‘final award’ issued by Stampa on February 28, 2022, and did not recognise its legitimacy.
“We consider it to be baseless, lacking any legal or historical foundation. We see it as an attempt to undermine the sovereignty and territorial integrity of Malaysia, particularly with regards to the state of Sabah,” he said.
The final award brought the ongoing international legal battle between the Government of Malaysia and the self-proclaimed descendants of the Sulu Sultanate to the forefront.
Hajiji said the so-called award has also sparked widespread discussion and debate, requiring the Sabah government and Federal government’s attention and response.
“I have full confidence in the Federal government which has been working tirelessly in concert with our Sabah State Attorney General’s Office to counter the false narratives spread by those supporting the Sulu claims.
“The Sabah State Government will continue to work closely with the Federal government to deal with this case,” he said.
— Bernama
