Philippine Claim To Sabah, North Borneo, Sultanate of Sulu is rightful owner Options

[Ek-ek]

ZAMBOANGA CITY -- The Sultanate of Sulu wants to pursue the claim over Sabah, which the government failed to do over decades, so that the problem of deportation of Filipinos there would finally end.

To be able to do so, the sultanate, speaking through lawyer Lyka Ulama, said that the national government should first return to them “sovereignty rights” over Sabah.

The sultanate reportedly enacted a resolution in 1962 that transferred the title of sovereignty over Sabah to the Philippine government. But one of the provisions of the 1962 resolution states that should the Philippine government fail to recover Sabah after exhausting all peaceful means, the transfer document “shall ipso facto become null and void and the Sultan of Sulu shall be free to assert his sovereignty over North Borneo by other means available to all sovereign claimants,” Ulama said.

Ulama said the Philippine government was given enough time to pursue the Sabah claim but there has been no concrete result up to now.

The Philippine government, during the administration of President Diosdado Macapagal, filed a claim over Sabah before the United Nations in 1962.

"Forty years is reasonable enough for the government to return the title sovereignty to the sultanate if it is no longer interested in pursuing the Sabah claim," a local daily quoted Ulama as saying.

He emphasized that once sovereignty right is returned to the Sultanate of Sulu, the sultanate could take the necessary action to the Sabah claim. They will also consult the people of Sulu on what to do with the matter.

Ulama said it is high time that the government return the sovereignty right to the Sultanate of Sulu so that they will handle the claim because under several presidents, the Philippine government achieved nothing on the Sabah claim.

History shows that the 30,000-square-mile Sabah, then known as North Borneo, was given in 1704 to the Sultanate of Sulu by the Sultanate of Brunei as a gift for helping quell rebellion in Brunei.

Despite the Philippine claim filed by President Macapagal before the UN in 1962, Malaysia included Sabah in its federal territory in 1963 when it gained independence from British rule.

Basilan Rep. Gerry Salapuddin, meanwhile, suggested that the Philippine government should bring the Sabah issue either in the level of the Asean or to the International Court of Justice so that permanent solution to the Sabah claim could be achieved.

"What is important is we can now put lasting solution to the problem so that this will not become a stumbling block to our good relationship with Malaysia," Salapuddin said.
majority of Filipinos everywhere are wondering what is this Sabah claim
is all about. The Philippine history books, Malaysian's probably too,
have not mentioned about the Philippines' stake on the northern part
of the island of Borneo. On the other hand, the Malaysians maybe
furious that there are a lot of attention now being focused to that
part of the Malaysian federation to which they believe was theirs
since the British handed the territory in 1963.

What we are trying here is to bring an insight to this dispute based on
our researched of the various facts (or allegations) regarding this subject.
As Filipino Americans, our main concern in bringing about this article is to
tell that part of the history of the Philippines.

WHERE IS SABAH?

Sabah,is the northern part of Borneo. It is bordered by Sarawak on its
southwestern side, and Kalimantan (Indonesian Borneo) to the south.
Sabah has a coastline of approximately 800 to 900 miles and with the
South China Sea in the west and north, the Sulu Sea in the northeast
and the Celebes Sea in the east. Sabah's total land area is 76,115 sq km
(29,388 sq miles). Sabah's population is about 2.5 million. It is 1,961 km
from Hong Kong, 1,143 km from Manila, 1,495 km from Singapore, 1,678 km
from Kuala Lumpur and 2,291 km from Taipei - note that it is nearer to
Manila than Malaysia's capital of Kuala Lumpur.

North Borneo is much undeveloped and very rich in natural resources.
One of the wealthiest oil producing countries is located in same island
of Borneo, the tiny Sultanate of Brunei.

Learn more about Sabah through the links below.


THE LEASE STARTED IT ALL

The Sultanate of Sulu was granted the territory as a prize for helping
the Sultan of Brunei against his enemies and from then on that part of
Borneo is recognized as part of the Sultan of Sulu's sovereignty. In 1878,
Baron Von Overbeck, an Austrian partner representing The British North Borneo
Co. and his partner British Alfred Dent, leased the territory known as "Sabah"
- roughly translated as "the land beneath the winds". In return the company
will provide arms to the Sultan to resist the spaniards and 5,000 Malaysian
ringgits annual rental based on the Mexican dollars value at that time or
its equivalent in gold. This lease have been continued until the independence
and formation of the Malaysian federation in 1963 together with Singapore,
Sarawak and Malaysia. Up to these days, the Malaysians have been continuing
the rental payment of 5,300 Malaysian ringgits - a 300 ringgits increased from
original rent.

In 1962 during the Pres. Diosdado Macapagal's administration (the father
of the present president, Glorio Arroyo), the Philippines formally claimed
Sabah based on the Sultanate of Sulu heirs' claim on the territory. The
Philippines broke diplomatic relations with Malaysia after the federation
have included "Sabah". The sultan's heirs have given the Philippine government
the authority to pursue the claim legally in international courts. However, the
succeeding administrations have either have ignored or set aside the claim for
peaceful co-existent and trade relation with the Malaysians.

One significant incident involving then President Marcos have briefly brought
into limelight the Sabah claim once more. In 1972, the Marcos government have
been training secretly a group of Muslim Filipinos in Corregidor, an island
off Manila Bay, for possible intrusion in Sabah to pave the way to an armed
secession of Sabah from Malaysia. But upon knowing of the plans, the recruits
have mutinied and were eliminated except for one that swam the bay and was
rescued. The newspapers have called this incident, the "Jabidah Massacre"
named after the operation that was given by the military. The survivor divulged
the plan and the claim was put in back burner once more. It was believe that
because of the incident, the Malaysians have been aiding the Muslim separatists
against the Philippine government. Some people says this distracted the attention
to the claim on Sabah as the government was embroiled in containing the conflict.

LEGAL CLAIM BASIS

The claim was based on several historical facts and court judgement.

The lease agreement is definitely a proof otherwise there will be no basis for any
agreement if such ownership was not established at all. The contract was between Sri
Paduka Maulana Al Sultan Mohammad Jamalul Alam - representing the sultanate as owner
and sovereign of Sabah on one hand, and that of Gustavus Baron de Overbeck and Alfred
Dent, representing the British East India Co. (then became the North Borneo Co.), on
the other as lessee of Sabah, was executed on June 22, 1878. Though the British turned
over the possession and government of Sabah to the federation, the Malaysians have not
remissed in paying the annual rental.

The 1939 court judgement on the claim had handed ownership of North Borneo to the heirs
of the Sultanate prior to the formation of Malaysian federation in 1963. The judgment
of Chief Justice C.F.C. Makaskie of the High Court of North Borneo in the civil suit
filed by the late Dayang Dayang Hadji Piandao and eight other heirs of the Sultan of
Sulu, including the famous Putlih (Princess) Tarhata Kiram, upheld the validity of the
claim of the heirs.

Being a British colony did they favored the Malaysians than returning the leased
territory to its rightful owners as per 1939 court judgement? Did the British influenced
the outcome of their sponsored 1962 plebiscite to which won by those who wanted to
join the Malaysian federation than be an independent state. One also has to speculate
as to why did the British respected a similar treaty with China by returning Hong Kong
instead of conducting a plebiscite just like the one conducted in Sabah in 1962, is
the Philippines a weak nation that can be ignored? These are some questions that need
to be addressed by those who have the mandate to pursue the Philippine claim.

The Malaysian argument before the International Court (The Hague) is in the link below.
This is based on the islands disputed between Indonesia and Malaysia wherein the
Philippines is trying to intervene.

SO WHY THE REVIVAL OF THE CLAIM NOW?

In the last few months the Malaysian authorities have been deporting, we are not sure
if this is the right term for this action knowing the existence of legal claim to North
Borneo, thousands of Filipinos from Sabah for being illegals and for lack of necessary
documents. There are allegations of inhuman treatments and rapes by Malaysian authorities
which are currently being investigated by both governments. It is also good to point out
that illegal Indonesians are likewise being sent home through Kalimantan (Borneo part
of Indonesia). Both the Philippine and the Indonesian governments have protested the
mass deportation and have indignation rallies against the Malaysian action.

Since the time memorial the numerous ethnic tribes in the southern Philippines notably
the Tausugs and Badjaos have been traversing the Celebes Sea from Sulu to Borneo and
other parts of Indonesia. These tribes are sea faring people and settled from anywhere
around the region. To curtail these movements, the Malaysians have decided to demand
document from the Filipinos in Sabah. Undocumented Filipinos were deported and could
only be admitted back when there are necessary papers presented. This situation is
extremely hard specially to those who have fled the secessionist war during the seventies
and eighties as they are refugees and do not have any travel documents. These Muslim
Filipinos have considered Sabah as part of their domain as their ancestors have been
doing centuries ago. That part of southeast asia is bound by common religion, history
and people.

NOW WHAT?

As per official Philippine government stand, the Philippines will continue legal action
through the international courts and also by bringing this claim again to the attention
of the Malaysian government. One of the immediate objectives is to have the rent increased to
what is a more realistic amount while a claim is still being disputed.

There are apprehensions, as some quarters are claiming, that nothing will come out of this
revived interest in the Sabah claim, they are saying that the Philippine government officials
as in the past can be bribed to lose interest in the claim - there is no concrete evidence to
this effect. The Malaysians are hoping that it will die a natural death for lack of will on
the Philippine claimants to pursue further the claim over the years. The longer the dispute
is settled, the harder (or maybe lesser) for the claimants to get any settlement.

Will the heirs get a just settlement in form of monetary compensation? The heirs had been
offered money before by the Malaysians and have rejected the idea. Will the settlement comes
with some portion of the disputed land for displaced Filipino muslims in Sabah? In any issue
involving property dispute, possession is everything.

Will the Arroyo administration be transparent in negotiations with the Mahathir government
or some kind of a deal will be struck without consultations with the other parties involved?

We will see what will transpire in the future.

http://www.epilipinas.com/SabahClaim.htm

[poknat]

(IMG:http://www.asiafinest.com/forum/style_emoticons/default/confused.gif) (IMG:http://www.asiafinest.com/forum/style_emoticons/default/icon_rolleyes.gif) Will that claim materialized?

Malaysia would never give it up just like some islands that Indonesia is claiming.

[Ek-ek]

Let us see it!

[Forumwalker]

claiming Sabah again? the Philippine government can't even claim the Kalayaan Islands(aka Spratlys) which are obviously nearer to the Philippines and is in the 200 km(or mile) EEZ [exclusive economic zone] of the Philippines!! and besides, to what advantage will the Philippine government have on obtaining such vast tracts of land when they can't even maintain a good economy for a 300,000 sq km nation.
im not saying that we should stop the claim nevertheless, the return of Sabah over to the Sultanate of Sulu would strengthen our pride as Filipinos but it could also mean the opposite like... probably Mindanao and Sabah would form its own state that would be collectively called the Sultanate of Sulu.

[Forumwalker]

btw, you know why the Philgov can't claim anything easily? it's because they don't have the economical power and worse, we don't have a REAL army. no wonder China can place anything at the Kalayaan Islands without being scared we'll fire something at them. our government is already expert in the science of Diplomatic Protest. (IMG:http://www.asiafinest.com/forum/style_emoticons/default/embarassedlaugh.gif) :genius:

[redhotchili]

i think sabah chose malaysia over us...

[dalawapo]

claiming Sabah again? the Philippine government can't even claim the Kalayaan Islands(aka Spratlys) which are obviously nearer to the Philippines and is in the 200 km(or mile) EEZ [exclusive economic zone] of the Philippines!! and besides, to what advantage will the Philippine government have on obtaining such vast tracts of land when they can't even maintain a good economy for a 300,000 sq km nation.
im not saying that we should stop the claim nevertheless, the return of Sabah over to the Sultanate of Sulu would strengthen our pride as Filipinos but it could also mean the opposite like... probably Mindanao and Sabah would form its own state that would be collectively called the Sultanate of Sulu.

yeah i know im supposed to be on vacation like i said but i just got to say...

the moro does not have a right to mindanao. muslim malays came to the philippines areound 14th century onto mindanao and they met with the indigenous malays who collectively we know today as the Lumads (individually they are known as the Manobos, Tboli, Bilaan, etc) the Moros did many atrocities to the Lumad tribes and Lumad have lots of stories to recount how horrible the Moros were to the Lumads.. the Moros displaced them and alot of things.

and the Lumads aren't just some ordinary "indigenous" ppls of mindanao. they play a very intergral role in the theory of the Proto-Malay migration. because scientists say the the Manobos pre-date the Igorots of Luzon. so this coinsides with the Proto-Malay southerly route migration from Taiwan.

and further south from mindanao there are the Dayak tribes of Borneo & the Iban tribes of Sarawak who are also Proto-Malays.

so all these tribes serve an intergral role in re-counting the history of the Malay pressence in these islands.

(i think some of the mindanao negrito tribes are also included as Lumads as well)

i think the Moros are to the south as what the Spanairds were to the Visayas who came in the 16th century..

even in the sulu i hear that the Moros are very harsh to the Badjao gypsies!!!

never feel that it is right for moros to say mindanao island is theirs!!! (IMG:http://www.asiafinest.com/forum/style_emoticons/default/madgo.gif)

but i do think the sabah claim is not a good idea. or at least dangerous one. do you think the philippines is capable of handling muslim & christian brotherhood? i don't htink we are ready. the world is not even ready.

i would agree with the descicion of the locals of sabah. btw what is the lingua franca of sabah anyways? bazaar malay?

but this article says that the sultan of sulu is the one wanting to do this.//

This post has been edited by dalawapo: May 9 2004, 02:13 PM

[Forumwalker]

i believe they do have the right. we just can't revoke their claim since during those times (meaning before the 20th century), people claim lands for their own unless opposed.

well, if you apply what you have said, the americans shouldn't be in the US since they belong to the american indians right? but instead, the american indians are placed in reservation parks with a land area almost 20% of their original land back when there were no whites.

[poknat]

i believe they do have the right. we just can't revoke their claim since during those times (meaning before the 20th century), people claim lands for their own unless opposed.

well, if you apply what you have said, the americans shouldn't be in the US since they belong to the american indians right? but instead, the american indians are placed in reservation parks with a land area almost 20% of their original land back when there were no whites.

(IMG:http://www.asiafinest.com/forum/style_emoticons/default/sure.gif) Yup~!

Indonesia had also some claim in some of the islands in Malaysia like Sipadan .

[BatangDamo]

I really wish Marcos didnt gave Sabah to the Malaysians...

[BishoujoHunter]

Sabah should be a part of the philippines

[Ek-ek]

But the Philippines had not give up the claim!

That is "why" there is no consulate nor Charge d' affairs in Sabah because baka ma-estopel ang Pilipinas.

[BatangDamo]

But the Philippines had not give up the claim!

That is "why" there is no consulate nor Charge d' affairs in Sabah because baka ma-estopel ang Pilipinas.

hmmmm, maybe. but i'm not really sure about the Marcoses giving it to the Malaysians....

[Ek-ek]

Jabidah massacre?????????????

[anime7]

I think Philippines should abandon its claim on Sabah for Malaysia...
true.. the Philippines (more specifically, the Sultanate of Sulu) own Sabah...HISTORICALLY! but, politically... Philippines does not own Sabah...
Anyway, Malaysia is paying the Sultabate of Sulu up to now since the day they made the deal hundreds of years ago...
If ever we successfully claim Sabah back... can we sustain it?
The answer is no...
Politically---we can't sustain it
Militarily---we can't sustain it
financially---we can't sustain it...
so, if ever you're in the place of the Malaysians who lived in Sabah... you've had a good standard of living, had a great job... then would you like to be converted into a Filipino?... of course not, look at the situation right now in the Philippines...
i hope you'll think of this topic seriously...
and i run through a page that there is another reason why Philippines is claiming Sabah... it's because Sabah is an OIL-RICH state... and of course, Malaysia wouldn't easily give it to the Philippines since Sabah is the third largest producer of natural gas? i think... 60,000 barrels a day...
so in conclusion... THE PHILIPPINE CLAIM ON SABAH SHOULD BE ABANDONED!

[Datu Mandub]

I think Philippines should abandon its claim on Sabah for Malaysia...
true.. the Philippines (more specifically, the Sultanate of Sulu) own Sabah...HISTORICALLY! but, politically... Philippines does not own Sabah...
Anyway, Malaysia is paying the Sultabate of Sulu up to now since the day they made the deal hundreds of years ago...
If ever we successfully claim Sabah back... can we sustain it?
The answer is no...
Politically---we can't sustain it
Militarily---we can't sustain it
financially---we can't sustain it...
so, if ever you're in the place of the Malaysians who lived in Sabah... you've had a good standard of living, had a great job... then would you like to be converted into a Filipino?... of course not, look at the situation right now in the Philippines...
i hope you'll think of this topic seriously...
and i run through a page that there is another reason why Philippines is claiming Sabah... it's because Sabah is an OIL-RICH state... and of course, Malaysia wouldn't easily give it to the Philippines since Sabah is the third largest producer of natural gas? i think... 60,000 barrels a day...
so in conclusion... THE PHILIPPINE CLAIM ON SABAH SHOULD BE ABANDONED!

This issue has been on a backburner between the two countries......however, each time there is a "halaw" (mass deportation of Filipinos in Sabah) the Philippine government is flexing it's muscles by holding talks with the heirs of Sulu. The Malaysian government will then suspend the Halaw.

In 1962 when HRH Sultan Mohammad Esmail I filed the North Borneo Claim together with President Diosdado Macapagal the Philippines is far more powerfull than Malaysia considering that it's only a newly proclaimed federation.

[MrBahaw]

I think if sabah does go to philippines the government will just treat it like mindanao and use most of the resources to develop manila.

I know that in malaysia they have this sort of affirmative action thing going where the malays(when I say malays I mean like the malay defined by the malaysian constitution) have a lot of help if not too much help from the government so that means the natives of sabah and sarawak won't get the benefits even though they are the people of that land

what do you people think?

[Datu Mandub]

I think if sabah does go to philippines the government will just treat it like mindanao and use most of the resources to develop manila.

I know that in malaysia they have this sort of affirmative action thing going where the malays(when I say malays I mean like the malay defined by the malaysian constitution) have a lot of help if not too much help from the government so that means the natives of sabah and sarawak won't get the benefits even though they are the people of that land

what do you people think?

No, Sarawak was not a part of the Sulu dominions they have their own Sultan.

The Malaysian was successfull in the plebescite conducted, Sabahans actually wants to be Malaysians rather than becoming a Filipino.

It's difficult to push for sovereign claims nowadays, but the heirs is in a better position for the propreital claims.....

[MrBahaw]

No, Sarawak was not a part of the Sulu dominions they have their own Sultan.

The Malaysian was successfull in the plebescite conducted, Sabahans actually wants to be Malaysians rather than becoming a Filipino.

It's difficult to push for sovereign claims nowadays, but the heirs is in a better position for the propreital claims.....

I'm not saying sabahans should be filipinos but don't they know about how the malaysian government gives great advantages to the malays and not the native sabahans even though that is their homeland

[anime7]

but we can't sustain Sabah,
politically, militarily, economically, and financially..
anyway, the Malaysians continued to pay tribute to the Sultan up to now...
true, the basis of the Phil. claim is that the Sultanate of Sulu own Sabah... but can you research in the net for a moment? the Phil. is also interested in the oil Sabah produce....
besides, they will not convert into a Filipino that easy... they have better living standards there in Sabah...