It
was only last April 2012 when the clamor with China’s aggressive acts
displaying intent to escalate its claim on Scarborough Shoal erupted. Hitherto,
the Philippines is again subjected to another juncture, testing its capacity to
fight for its dominion.
The
territorial dispute between Malaysia and The Philippines resurfaced this
February 2013. It all started when a group of armed followers of Jamalul Kiram
III, arrived in Lahad Datu district, Sabah to assert the Philippine’s territorial
rights over this portion of North Borneo.
Why
is the government not asserting the country’s legitimate claim to Sabah? – a huge
question that haunts the minds of the Filipinos.
I
believe that the Philippines has the right to regain Sabah. Nevertheless, our
country’s leaders are not daring to take a stand. The recent actions of the
heirs of the Sulu Sultanate have strong legal and historical grounds. Sabah was
ceded to the Sultan of Sulu by a Brunei ruler as a token for ceasing the rebellion
that aroused over his territory. In year 1878, the sultan signed an agreement
with the British trader stipulating the rental of North Borneo amounting to 5,000
Malayan dollar to be paid annually. Every year Malaysia issues the payment to the
legal heirs of the Sultan calling it the ‘annual payment for cession’. However,
the descendants of the Sulu Sultanate firmly argue that it is the ‘annual
payment for rent’.
In 1962 under the regime of President Diosdado
Macapagal, the Sultan of Sulu surrendered the land to the Republic of the
Philippines. And the legality of this declaration encompasses all rights to regain
control of Sabah has been transferred to the government. At that time, Malaysia
was not yet an independent nation and still under the British protectorate.
In
1963, Malaysia gained sovereignty and The Federation of Malaysia was founded
and the country insists that the people of Sabah voted to join the federation.
However, if we travel back, the 1878 agreement of lease and the1939 North Sabah
court ruling in favor of the heirs’ every right to receive payment of the said
lease are evidences that clearly tell us who the rightful owners of Sabah are.
The
efforts did not flourish and the matter was put into slumber for five decades
while the cultural, political and economic ties between Philippines and
Malaysia has heightened during these years. Apparently, the government refused
to conjure the issue to preserve the relations we have with Malaysia.
I
can’t blame Kiram, one of the claimants to the throne of the Sultanate of Sulu,
who initiated the assertive actions to regain control over Sabah. The
ascendants of these royal bloods willingly surrendered their rights to the
government, who they thought would fight and value their cause. They were wrong
and now, they are fighting alone. Though I denounce the vehemence of their expression
but I firmly disagree with President Noynoy Aquino’s order of filing criminal
charges against the sultan’s followers. Instead of fulfilling his duty as
President, mandated to protect all territorial rights and seek resolution in a
peaceful arrangement, he continues to blame Kiram and his armies. Why, instead
of pursuing our Muslim brothers who are holed somewhere in the woodlands
of Lahad Datu, elevate the Sabah claim to the International Court of Justice?
Reclaiming
what is originally ours doesn’t mean we have to resort to war and violence.
There are ways to resolve it peacefully and generate a win-win closure for both
Malaysia and the Philippines. After all, only the eastern part of Sabah is
subject to this dispute.
The
government is reluctant to antagonize Malaysia even if hundreds of Filipinos
are being expatriated back to the Philippines every year. Truly we are grateful
for all the assistance and support Malaysia has accorded to our country but
this matter is out of the context.
While
I seek for the closest answer to the big question posted on the third paragraph
of this article, I came across this write up detailing on how
the late Ninoy Aquino traded our territorial rights to Sabah in exchange
for Malaysia’s support to end to the Marcus regime.
This
could be the reason of the government’s lack of intensity to claim back the
lost land.
Sources:
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