By: Rex Omalde
Filipinos especially the non-Muslims might not be aware and may be in a complete astonishment when Philippines expressed its claims over Sabah in North Borneo Malaysia. A majority of Filipinos everywhere are wondering what this Sabah claim is all about. From geographical location to Philippine history books, no author ever published nor mentioned about the Philippines’ stake on the northern part of the island of Borneo. The Malaysians on the other hand might be furious that after all those years of sacrifices and dedications in order to bring economic success to which they believed as their own soil since the British handed the territory in 1963, someone will suddenly appear and claim it from them.
My purpose of writing this article is not to determine who really owns Sabah because I am not on the position to do so. What I am trying to bring here is to deliver an insights to this disputed territory based on my researched facts regarding this subject with the hope that as a Filipino, this article might help the readers be aware and appreciate the jewels of yesteryears in the richness of our most neglected history which I believe majority of us didn’t know.
BRIEF HISTORY
Long before the Spanish conquered our land in1521, which they later named Philippines, there was a strong, socialized and independent kingdom already exist and this was the Sultanate of Sulu headed by the royal leader called the sultan. This was the only island in the Philippines that Spanish failed to conquer and they usually referred at it as the “Unconquered Kingdom” due to fierce resistance by the tausug warriors. Sultanate is a political unit among South East Asian regions since early 13th century and that includes the mighty Sultanate of Brunei, which comprise the areas of Sarawak, North Borneo/Sabah, and Palawan peninsula.
Brunei-Sulu Relation:
From the year approximately around 1200's up to the middle of 16th century, Sulu and Brunei engaged in trade and commerce with other Asian empires like the Ming dynasty of great China. This relationship deepened when the reigning sultan of Brunei HM Sultan Nakhoda Ragam Bolkiah married the grand daughter of HM Sultan Sharieful Hashem Abu Bkr, the reigning sultan of Sulu. From that time, inter-married between these two Sultanates flourished and this was a documented evidence that people of Brunei Empire and the tausug people of Mindanao are blood-related.
How Sulu acquired Sabah?
In 1650’s during the period where Sultanate was at its peak, there was an issue of supremacy between two high royals that placed the Sultanate of Brunei into civil unrest. This was the reigning of Sultan Abdul Hakkul Mubin and the insistance of his cousin Pengeran Bongsu Muhyudin that sparks a bloody revolution and civil war. Thus, it was how Brunei to have two Sultans reigning at the same time. Because of a decade long war between two leaders, trade activities came to a halt that caused famine to erupt. To break the unrest, Sultan Muaddin sent a message to his cousin Sultan Salahuddin (Salah ud-Din Karamat Bakhtiar), the 10th Sultan of Sulu Sultanate asking him to aid in settling peace.
During the meeting of Sulu Sultan and Sultan Muaddin both have agreed to destroy the enemies of the Brunei Sultanate. Sultan Muaddin promised further that if the island of Pulao Chermin shall be conquered with the assistance of Sulu Sultan and his warriors, the North Borneo territory (Sabah) should belong to Sulu Sultan. The Sultanate of Sulu accepted this offer with delight.
The strong, combatant and battle tested tausug warriors (fresh from battle against the Spaniards) of Sulu defeated and destroyed their opponents territory to the gratitude of Sultan Muaddin thus giving Sabah as gift as he had promised to the Sultan of Sulu. This was done in 1658 on a simple and solemn ceremony, which symbolized and attesting to the fact that same territory was ceded to the Sultanate of Sulu. This document was honored since ancient time and never questioned up to the present by any authority.
Proofs of Sulu’s ownership over Sabah:
Sultanate of Sulu was recognized by the world as a sovereign power as manifested in different treaties signed by its reigning Sultan and other parties involved. The Sultanate of Sulu & Sabah, through its proud and rich history, signed treaties with many foreign powers as a sign of its sovereign status as an Islamic kingdom for centuries. Great Britain, Holland, France and the United States among others signed treaties with the Sultanate of Sulu.
It was HM Sultan Mohammad Jamalul Kiram I, Sultan 1823 to 1844 (the first Kiram Sultan and great, great, great grandfather of HM Sultan Muhammad Fuad A. Kiram I), the son of Sultan Ali ud-Din and nephew of Sultan Shakir ul lah, upon ascending to the throne as the Sultan of Sulu and North Borneo) instituted and created the Royal Order of Kiram and the Royal Order of Hashem of North Borneo (renamed Royal Order of Hashem of Sabah) and it was he who signed the 1842 Treaty with the United States of America.
It was HM Sultan Mohammad Jamalul Kiram I, Sultan 1823 to 1844 (the first Kiram Sultan and great, great, great grandfather of HM Sultan Muhammad Fuad A. Kiram I), the son of Sultan Ali ud-Din and nephew of Sultan Shakir ul lah, upon ascending to the throne as the Sultan of Sulu and North Borneo) instituted and created the Royal Order of Kiram and the Royal Order of Hashem of North Borneo (renamed Royal Order of Hashem of Sabah) and it was he who signed the 1842 Treaty with the United States of America.
In 1688, King Charles II further granted sovereign right privileges that made repercussions in the 1878 Lease Agreement of North Borneo/ Sabah between Sulu Sultan HM Sultan Jamalul Ahlam Kiram (Owner and Lessor) and the British East India Company (Lessee and Tenant).
In 1878, HM Sultan Jamalul Ahlam Kiram (The Sultan of Sulu and The Sultan of Sabah), as the legitimate owner, leased Sabah to a British company of Gustavus Baron de Overbeck and Alfred Dent for their use and their heirs but the Lease prohibits the transfer of Sabah to any nation, company or individual without the consent of His Majesty's Government (“Government of the Sultan of Sulu”).
In 1906 and 1920, the United States formally reminded Great Britain that Sabah did not belong to them and was still part of the Sultanate of Sulu as per 1878 Treaty.
The Malaysian government up to the present pays "cession money" every year to the Sultanate of Sulu. The meaning of “Cession Money”, in International Law, is the payment of a sovereign government to another sovereign government for the cession of a certain landed territory.
How Sabah became part of Malaysia?
The Malaysian government up to the present pays "cession money" every year to the Sultanate of Sulu. The meaning of “Cession Money”, in International Law, is the payment of a sovereign government to another sovereign government for the cession of a certain landed territory.
How Sabah became part of Malaysia?
On 31 August 1963 North Borneo attained self-government and hence the creation of Federation of Malaysia. In 1962, the Cobbold Commission was set up to determine whether the people of Sabah and Sarawak favored the proposed union, and found that the union was generally favored by the people.
Despite the US reminder in 1906 and 1920 that Sabah was still part of the Sultanate of Sulu, Great Bretain transferred Sabah to Malaysia and it was a constituted breach of provisions of the 1878 Lease, as the Government of the Sultan of Sulu did not consent to the transfer to Malaysia. That was it and from 1963 up to the present, Sabah belongs to Malaysian Territory.
Sulu claims Sabah
The script written below is taken from the official website of Royal Hashemite Sultanate of Sulu and Sabah:
The Sultan of Sulu and The Sultan of Sabah prays for the good people of Sabah to recognize and know that Sabah belongs to The Sultan of Sulu and The Sultan of Sabah and the Sultanate of Sulu as lawful owners, and that Malaysia illegally occupied Sabah since 1963. He appeals to the good people of Sabah and the fair-minded leaders of the international community to end the Malaysian illegal occupation and return Sabah to its lawful owners, so that roads, hospitals, electricity plants, schools, drinking water supply system and other basic services can be realized in Sulu. Out of 18 towns of Sulu province alone, only the town of Jolo has cursory power and water and some roads, but all the 17 towns of Sulu lack these services and infrastructures depriving the people of their basic needs that have been existing for many many years that must be urgently resolved.
Despite the US reminder in 1906 and 1920 that Sabah was still part of the Sultanate of Sulu, Great Bretain transferred Sabah to Malaysia and it was a constituted breach of provisions of the 1878 Lease, as the Government of the Sultan of Sulu did not consent to the transfer to Malaysia. That was it and from 1963 up to the present, Sabah belongs to Malaysian Territory.
Sulu claims Sabah
The script written below is taken from the official website of Royal Hashemite Sultanate of Sulu and Sabah:
The Sultan of Sulu and The Sultan of Sabah prays for the good people of Sabah to recognize and know that Sabah belongs to The Sultan of Sulu and The Sultan of Sabah and the Sultanate of Sulu as lawful owners, and that Malaysia illegally occupied Sabah since 1963. He appeals to the good people of Sabah and the fair-minded leaders of the international community to end the Malaysian illegal occupation and return Sabah to its lawful owners, so that roads, hospitals, electricity plants, schools, drinking water supply system and other basic services can be realized in Sulu. Out of 18 towns of Sulu province alone, only the town of Jolo has cursory power and water and some roads, but all the 17 towns of Sulu lack these services and infrastructures depriving the people of their basic needs that have been existing for many many years that must be urgently resolved.
HM Sultan Muhammad Fuad Abdulla Kiram I representing the people of the Sultanate of Sulu being the lawful owners of Sabah comment that, in the event of successful Sabah recovery from Malaysia, the Royal Family and the Sultanate of Sulu will not drive anyone out of Sabah, be it may Malaysians, Tamils, Indians, Chinese, Filipinos, Tausugs, Australians, Europeans, Americans, or other nationalities, etc.
HM Sultan Muhammad Fuad I further states that any investor or any developer who put their investment capital in Sabah will not be dispossessed of their investment, and that the rule of law will be upheld, with no distinction of any kind, such as race, color, language, gender, religion, political or other opinion, social origin, property, birth or other status, etc.
HM Sultan Muhammad Fuad Abdulla Kiram I further envisions that one day the nations of the international community will finally intervene to force the departure of Malaysia in Sabah, as the illegal land grabbing and unlawful occupation of Sabah by Malaysia dispossessing the poor people of the Sultanate of Sulu of their Sabah land ownership, cannot be condoned and tolerated forever by good nations and peoples who believe in natural justice and in a fair and just society, as the acts of illegal occupation of Sabah by Malaysia are against the rule of law.
The Malicious:
Some articles written regarding the Sabah claims doesn't favor it. One article concluded that
All in all, I think that the “Sabah question” should be laid to rest. There is not much to gain for the effort, and the basis for the claim is getting more and more vague as time passes. Another article by Free Malaysian Today reported that Sulu sultan is ready to drop Sabah claim when in fact the Sulu sultan claiming Sabah in its official website Royal Hashemite Sultanate of Sulu and Sabah.
As far as this issue is concerned, I am not fully aware whether the Philippines should claim Sabah rightfully by way of Sulu. There are news circulating through out the internet that the claim over Sabah is being studied whether the Philippines should pursue the claim or not base on legal basis.
My personal view regarding this issue is that, we should also consider the the consequences before we do it. And if we do it, let us do it for the interest of the republic and not for personal interest alone. Sabah is a progressive place and that it shall be given to who rally owns it legally according to international law. Let us resolve the issue peacefully and both parties should respect whatever the decision of the international court regarding the ownership of Sabah. The truth should prevail and let us set aside the lies and the malicious things about this matter.
Who owns Sabah is a matter of debates and it needs legal procedure to determine it but one thing is certain, which is the reason why I wrote this article, we were given a clear picture of what the real history behind it which the Philippine history books are lacking.
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