The Sabah Issue And Its Impact On Philippine-Malaysian Relations Analysis
(March 8, 2013)
Despite playing second string to the South China Sea disputes in recent years, the state of Sabah (also known as North Borneo) has long been a major irritant in bilateral relations between the Philippines and Malaysia. However, a lasting resolution of this longstanding issue would help cement bilateral ties between the two countries, enhance maritime security and help regulate seaborne trade. Finally, a resolution may help determine the fate of thousands of Filipino refugees, migrants and their descendants in Sabah, many of whom remain stateless to this day.
Roots of Contention
The Sultanate of Sulu obtained Sabah from Brunei after helping it to quell a local rebellion. In 1761, the Sulu Sultan entered into an agreement with the British East India Company to set up a trading post on Balenkong Island. This was followed in 1878 by the signing of an agreement to lease the sultans dominions in North Borneo in return for rent from the British North Borneo Company. After 1946, the payment of the annual lease passed from the British to the Malaysian government and continues to this day. When Sabah was transferred from the British North Borneo Company to the Crown under the 1946 North Borneo Cession Order, former US Governor-General and then foreign affairs adviser to the newly established Philippine Republic Francis Burton Harrison labelled the transfer as illegal on the basis that other concerned parties were not consulted. In 1963, then-Philippine President Diosdado Macapagal refused to recognize the Federation of Malaysia because of the inclusion of Sabah.
As the rightful heirs to the sultanate, the Philippines continues to stake its claims over Sabah, albeit with less enthusiasm than in the past. For instance, in 2001, Manila declared itself an interested party in negotiations between Indonesia and Malaysia over the Sipadan and Ligitan Islands. As these are located off Sabah, the Philippines argued that the decision of the International Court of Justice over the status of the islands may have a bearing on its territorial claims.
Tension Returns
The ghosts of the Sabah issue resurfaced again recently after a violent standoff between loyal followers of the Sultan of Sulu and Malaysian troops in Tanduao village, Lahad Batu. There was also a similar encounter in Simunul village in Semporna, raising fears that the conflict may spread over to other areas of northern Borneo. The timing of the standoff prompted speculation that parties opposed to the Malaysian-brokered peace deal between the Philippine government and the Moro Islamic Liberation Front (MILF) were behind the staging of the drama. Some Philippine senatorial candidates, possibly in order to enhance their nationalist credentials, have also used the incident to lobby Manila into reviving its claims on Sabah. However, Malaysias contribution to the peace deal with the MILF suggests that the Aquino government may not take their demands too seriously.
Caught in Limbo
The recent unrest in Sabah has also reignited interest in the fate of the states Filipino community. Whether they are refugees, economic migrants or illegal immigrants, Filipinos tend to be lumped into one group and subjected to many negative stereotypes and prejudices. Many Malaysians claim, for example, that ethnic Filipinos put a strain on social services, take jobs away from locals and generally pose a security threat. Many refugees also remain stateless and their local status remains precarious. As a result, many have also been subjected to abuse or discrimination, despite the fact that some are born and raised in Sabah. In addition, many undocumented Filipinos have also been trafficked to Sabah through the porous Philippines southern backdoor to work in palm oil plantations. Some have even been forced into prostitution. The plight of these Filipinos has enraged many of their relatives and kinsmen on the other side of the Sea of Sulu. However, the Philippines continued reluctance to set up a consulate in Sabah, on account of its outstanding claim, means that the fate of many of these Filipinos remains in limbo.
The Sabah Issue And Its Impact On Philippine-Malaysian Relations - Analysis Eurasia Review | Eurasia Review
Congress urged: Pass resolution authorizing Malacañang to revive Sabah claim
By Christina Mendez (philstar.com) | Updated March 8, 2013
MANILA, Philippines - A former senator called on the Senate and the House of Representatives to pass a resolution authorizing Malacañang to pursue the Philippine claim over Sabah, peacefully and legally.
Former senator Amina Rasul, president of the Philippine Center for Islam and Democracy (PCID), also urged the government to create a Sabah committee, under the Office of the President, to address the Philippine claim over the island state.
Raul said that the members of the committee should include the Department of Foreign Affairs, Department of Justice, Department of National Defense, Mindanao Development Authority, the Office of the Presidential Adviser of the Peace Process and the Autonomous Region in Muslim Mindanao, National Commission on Muslim Filipinos and a representative of the Sultanate of Sulu and a representative to the heirs to Sabah.
Rasul said Congress should also pass a resolution to express the sense of both chambers on the crisis on Lahad Datu.
We pray that leaders, Filipino and Malaysian, will prioritize the lives and citizens and peace and security of both our countries, she said.
The PCID is commemorating the Bangsamoro Day on March 18, the infamous day of the Jabidah Massacre where young Tausug mujahideen were killed by the military in 1968 after the botched attempt by the Marcos regime to send a special assault team to Sabah to reclaim it.
n a statement, Rasul said the PCID is reiterating the widespread call for a peaceful and diplomatic resolution to the Sabah debacle between the Royal Army of the Sultanate of Sulu and the Malaysian forces.
We join the United Nations call for both parties to dialogue and avoid further destruction of lives and property, she said.
The group also called on the Malaysian government to allow the Red Crescent to enter the area to be able to provide medical assistance and humanitarian aid to the victims and casualties.
Congress urged: Pass resolution authorizing Malacañang to revive Sabah claim | Headlines, News, The Philippine Star | philstar.com
Malaysia fears World Court solution over Sabah claim, says columnist
BY IDA LIM
MARCH 08, 2013
KUALA LUMPUR, March 8 Proof showing that Sabah clearly belongs to the Sultanate of Sulu has caused Malaysia to be fearful of bringing the dispute to the International Court of Justice (ICJ) or to the table for talks, a columnist for a Manila-based paper has claimed.
In an opinion piece titled Irony: Malaysian-trained Sulu fighters, Neal H. Cruz said both the Philippine and Malaysian governments could persuade the Filipino Muslim rebels in Sabah to leave the state that is part of Malaysia, by either entering into negotiations or going to the ICJ.
That is for Malaysia to either agree to take the Sultanate of Sulus claim to Sabah to the International Court of Justice (ICJ) or to negotiate with the Philippine government and the sultanate, with a definite date for the talks to start, he wrote yesterday.
But he said Malaysia was fearful of taking either option, adding that the country was holding on to Sabah by sheer force of arms, possibly referring to Malaysias show of military muscle with its all-out strike on Tuesday against the estimated 200-odd Sulu gunmen who had intruded Sabahs east coast over three weeks ago to press the Sultanate of Sulus claim on the state.
Why is Malaysia afraid to do either? Because historical and documentary evidence clearly prove that Sabah belongs to the Sultanate of Sulu.
Malaysia is holding on to it by sheer force of arms, just like Hitler did in annexing neighbouring European countries and Tojo did in annexing neighbouring Southeast Asian countries during World War II, he claimed in his column As I See It on the Philippine Daily Inquirers news portal.
Calling Sabah the homeland of Sulu Muslims, the columnist said that Malaysia should return Sabah to its rightful owners for humanitarian reasons, adding that the UN should step in before more people die in the clashes in there, which have already left 52 Sulu gunmen and eight Malaysian policemen dead.
Earlier in his column, he said that Sabah is not important to Malaysia, alleging that the federal government in Peninsular Malaysia was neglecting Sabah because of the states distance.
But it is very important to the Filipinos of Sulu, to which it is very close. They need it for trade (there is now a shortage of food in Tawi-Tawi because of the fighting in Sabah) and for jobs and living space, he said, referring to the Philippine islands Tawi-Tawi, which is near the Sabah east coast and whose residents reportedly buy food from Sabah.
Last Saturday, Justice Secretary Leila de Lima from the Philippines Department of Justice reportedly said the government had not ruled out taking the Sulu groups claim on Sabah to the ICJ, but was carefully studying the case as it did not want to strain its friendship with Malaysia.
The Sultanate of Sulu has laid claim to Sabah, saying it had merely leased North Borneo in 1878 to the British North Borneo Company for an annual payment of 5,000 Malayan dollars then, which was increased to 5,300 Malayan dollars in 1903.
Sabah, however, joined Malaya, Sarawak and Singapore to form Malaysia in 1963, after which Malaysia continued paying an annual stipend of RM5,300 to the Sulu sultanate on the basis of the sultanate ceding the Borneo state.
Yesterday, the Sultanate of Sulu called for a ceasefire to the month-long battle in Sabah, promising to lay down their weapons and take a defensive stance if Malaysian security forces agreed to do the same.
But Prime Minister Datuk Seri Najib Razak yesterday rejected the call, saying that the Sulu militants must surrender unconditionally instead.
Najib also highlighted the Cobbold Commissions 1962 referendum in Sabah and Sarawak, where about two-thirds of the people supported the creation of Malaysia, thus exercising their right to self-determination.
THE MALAYSIAN INSIDER
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