The Philippine Territory

A 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.

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 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.

Sipadan Island, Sabah

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.  

Philippine, Sabah Map

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.

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.