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AERIAL view of the Tun Sakaran Marine Park, off the east coast of Sabah. There are approximately 2,000 people living within the park, most of whom consist of the nomadic Bajau Laut (Sea Gypsies) people, who live in stilt houses and houseboats in and around the marine park. ASNIDAMARWANI | DREAMSTIME.COM
SABAH: PHL’S ‘LOST’ LAND OF PROMISE? Former envoy pushes revival of Manila’s decades-long claim to Sabah
A
By Recto L. Mercene
N on again, off again claim by the Philippines to Sabah recently stirred debates amid the Covid-19 pandemic after several ranking personalities expressed their views that “the land below the wind” belongs to the Philippines.
Former Philippine Ambassador and Law of the Sea expert Alberto Encomienda, during a recent Zoom conference, said documentary evidence would prove that Manila has a “rightful and legal claim” to the former North Borneo, which is located outside the typhoon belt that regularly visits the Philippines. “The coming presidential election in 2022 should be an appropriate time for the prospective presidential candidates to express their views on this ticklish issue,” he said in a telephone interview, adding he wanted the issue to remain in the public domain and would be satisfied if the issue is settled once and for all—“for the sake of history.” He said the Philippines pursued its claim to Sabah but the effort appears to be sporadic at best. “I hope that from this roundtable discussion, since we have an election coming up [in 2022], we can really generate attention and action in this regard. Maybe not now, not during [President Rodrigo] Duterte’s term but it must be in the public discourse,” Encomienda pointed out.
Rekindled
AFTER a few years’ silence by Philippine officials on the Sabah claim, Foreign Affairs Secretary Teodoro L. Locsin Jr. started the ball rolling in July last year when he chastised the US Agency for International Development (USAID) for saying, during
a donation of hygiene kits, that they were meant for use by “returning Filipino repatriates from Sabah, Malaysia.” Locsin said categorically, Sabah belongs to the Philippines. The statement prompted Locsin’s counterpart, Malaysian Foreign Minister Hishammuddin Hussein, to announce that he will summon Philippine Ambassador to Malaysia, Charles Jose, to explain Locsin’s “irresponsible statement” that Sabah belongs to the Philippines. Locsin, in a tweet, insisted that his recent remark about Sabah not being part of Malaysia is “historically factual,” while lamenting Hussein’s move to summon Jose. He added that he was just asserting the Philippines’s claim in the territory similar to what he said is being done with the West Philippine Sea. “You summoned our ambassador for a historically factual statement I made: that Malaysia tried to derail the Arbitral Award,” Locsin said in a reply to an earlier tweet by Minister Hussein. Malaysia was established on September 16, 1963, comprising the territories of Malaya (now Peninsular Malaysia), the island of Singapore, and the colonies of Sarawak and Sabah in northern Borneo. In August 1965, Singapore seceded from the federation and became an independent republic. Encomienda, a former envoy to Greece, Malaysia and Singapore, added that the country pursued the Sabah claim “always with the
PESO EXCHANGE RATES n US 48.5190
THE Sabah Oil and Gas Terminal in Kimananis,Sabah. SHARIF PUTRA | DREAMSTIME.COM
ENCOMIENDA: “The coming presidential election in 2022 should be an appropriate time for the prospective presidential candidates to express their views on this ticklish issue.”
rule of law and peaceful settlement approach with Malaysia and there were a series of negotiations with the Malaysians until it was abruptly cut off.” He added, “I want to emphasize this because we have many issues on sovereignty and sovereign rights, that we were consistent in trying to work this out in a very orderly manner, diplomatically and following the rule of law.” According to Encomienda, “our endgame in the negotiations with Malaysia before the cut-off
was a proposition that we bring the Sabah issue to the UN, which Malaysia agreed to and they agreed that we refer this to the International Court of Justice (ICJ).” On September 12, 1962, during President Diosdado Macapagal’s administration, the Philippine government claimed the territory of North Borneo and the full sovereignty, title and dominion over it were “ceded” by the heirs of Sultan of Sulu, Muhammad Esmail E. Kiram I, to the Philippines, according to historical accounts.
Who ‘dropped the ball’?
ENCOMIENDA said the claim was a continuing process from President Macapagal up to President Ferdinand Marcos but then, “somebody dropped the ball.” He suggested that in the coming presidential elections, those interested to pursue the Sabah claim should ask the views of former President Ferdinand Marcos’s heirs, former senator Ferdinand Marcos Jr., and his sister, Sen. Imee Romualdez Marcos. It was during
the term of the late strongman’s rule that the country was active in pursuing the claim to Sabah. “Let us also ask GMA [Gloria Macapagal-Arroyo], the former President whose father, the late Diosdado Macapagal, first started to stake its claim to Sabah.” In 1962, the country started to claim Sabah after the heirs of the Sultan of Sulu and North Borneo gave the government, then headed by President Macapagal, the legal authority to negotiate on their behalf. Macapagal filed with the United Kingdom the Philippine claim of sovereignty, jurisdiction and ownership of North Borneo. The following year, Sabah was annexed to Malaysia when it declared its independence from the United Kingdom. British North Borneo Co. had since ceased paying when its rights to Sabah is transferred to the newly established Federation of Malaysia. The new government assumed the payment but in ringgit. “GMA should be able to support our claim to straighten the public
narrative,” Encomienda said, and, at the same time…to find out the current status of the Sultan of Sulu. “We’re not asking the Sultanate to secede but to clarify their stand.” He said it would be timely to discuss the Sabah claim during the forthcoming elections, saying he feels that all the candidates would be able to help clear up the narrative about the Sabah issue. He said he fears that after the Duterte administration ends, the issue may die a natural death, especially if those elected to replace him are from the political opposition. The preceding administration of President Benigno Aquino III had been perceived as leaning toward Malaysia, washing its hands off the 200-plus Filipino followers of the Sulu sultanate who made an ill-fated landing in Sabah in 2012. Aquino’s Liberal Party is now the opposition.
Swept under the rug
SINCE the issue of the Sabah claim has been discussed lengthily in the media, there has been no mention at all about the opinions of the surviving heirs to the Sultanate, except the claim of their representative, Abraham Ijirani, secretary general, Sultanate of Sulu. “In the midst of this discussions,” Encomienda said, “it appears the Sulu Sultanate has been sweep under the rug,” adding “the media would be able to help if they could interview the Sulu heirs to find out their stand, views and feeling about this issue. The Sultanate’s heirs’ role has been relegated to the claim that Malaysia continues to pay them ‘rent,’” which has since been stopped. In July 2020, Minister Hussein said his country had stopped paying cession money to the heirs of the Sultanate of Sulu because Malaysia also did not recognize and entertain any claim by any party over Sabah, which has been recognized as part of Malaysia by the United Nations. Continued on A2
n JAPAN 0.4472 n UK 67.8975 n HK 6.2537 n CHINA 7.4708 n SINGAPORE 36.2244 n AUSTRALIA 37.7817 n EU 58.1646 n SAUDI ARABIA 12.9377
Source: BSP (March 12, 2021)