Wikipedia
The North Borneo dispute refers to the territorial dispute between Malaysia and the Philippines over much of the eastern part of Sabah. Sabah was known as North Borneo prior to the formation of the Malaysian federation. The Philippines, via the heritage of the Sultanate of Sulu, claims Sabah on the basis that the territory was only leased to the British North Borneo Company in 1878 with the Sultanate's sovereignty never being relinquished. Malaysia however, considers this dispute as a "non-issue," as it believes that the 1878 agreement was that of cession, and that it deems that the residents of Sabah had exercised their right to self-determination when they voted to join the Malaysian federation in 1963.[1][2]
1878 Agreement
On 22 January 1878, an agreement was signed between the Sultanate of Sulu and British commercial syndicate (Alfred Dent and Baron von Overback), which stipulated that North Borneo was either ceded or leased (depending on translation used) to the British syndicate in return for payment of 5000 Malayan Dollar per year.[3][4] On 22 April 1903 His Majesty Sultan Jamalul Kiram signed a document known as "Confirmation of cession of certain islands", under what he either "grant and ceded" or "leased" additional islands in the neighbourhood of the mainland of North Borneo from Banggi Island to Sibuku Bay to British North Borneo Company. The sum 5,000 dollars a year payable every year increased to 5,300 dollars a year payable every year.
British version
... hereby grant and cede of our own free and sovereign will to Gustavus Baron de Overbeck of Hong Kong and Alfred Dent Esquire of London...and assigns for ever and in perpetuity all the rights and powers belonging to us over all the territories and lands being tritutary to us on the mainland of the island of Borneo commencing from the Pandassan River
on the north-west coast and extending along the whole east coast as far as the Sibuco River in the south and comprising amongst other the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco river with all the islands within three marine leagues of the coast.[5]
Sulu version
...do hereby
lease of our own freewill and satisfaction to...all the territories and lands being tributary to [us] together with their heirs, associates, successors and assigns forever and until the end of time, all rights and powers which we possess over all territories and lads tributary to us on the mainland of the Island of Borneo, commencing from the Pandassan River on the west coast to Maludu Bay, and extending along the whole east coast as far as Sibuco River on the south,..., and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco River, ..., [9 nautical miles] of the coast."
[6]
The key word in both the agreements was "padjak", which has been translated by American, Dutch and Spanish linguists to mean "lease" or "arrendamiento". The British nevertheless takes the word "padjak" to mean "grant and cede".[5] It can be argued however, that "padjak" means "mortgage" or "pawn" or even "wholesale", as per the contemporary meaning of "padjak" in Sulu.[7][8]
Every year, the Malaysian Embassy in the Philippines issues a check in the amount of 5,300 ringgit (US$1710 or about 77,000 Philippine pesos) to the legal counsel of the heirs of the Sultan of Sulu. Malaysia considers the amount an annual “cession” payment for the disputed state, while the sultan’s descendants consider it “rent.”[9][10]
Madrid Protocol
The Sulu Sultanate later came under the control of Spain in Manila. In 1885, Great Britain, Germany and Spain signed the Madrid Protocol to cement Spanish influence over the islands of the Philippines. In the same agreement, Spain relinquished all claim to North Borneo which had belong to the Sultanate in the past.[11]
The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the territories of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu (Jolo), and which comprise the neighbouring islands of Balambangan, Banguey, and Malawali, as well as all those comprised within a zone of three maritime leagues from the coast, and which form part of the territories administered by the Company styled the “British North Borneo Company.”
—Article III, Madrid Protocol of 1885
Philippine Claim
In 1906 and in 1920, the United States formally reminded Great Britain that North Borneo did not belong to the Crown and was still part of the Sultanate of Sulu. However, the British did turn Sabah into a Crown Colony.[12]
The Philippine Constitution of 1935 states that the national territory of the Philippines included, among other things, "all other areas which belong to the Philippines on the basis of historical rights or legal claims". Malaysia was federated in 16 September 1963. Even before Sabah was incorporated into Malaysia, the Philippines sent delegations to London reminding the British Crown that Sabah belonged to the Philippines.[13]
The Sultanate of Sulu was granted the north-eastern part of the territory as a prize for helping the Sultan of Brunei against his enemies and from then on that part of Borneo was recognized as part of the Sultan of Sulu's sovereignty. The 1878 lease was continued until the independence and formation of the Malaysian federation in 1963 together with Singapore, Sarawak and the states of Malaya. As of 2004, the Malaysian Embassy to the Philippines had been paying cession/rental money amounting to US$1,500 per year (about 6,300 Malaysian ringgits) to the heirs of the Sultanate of Sulu.[14] This is an act of British government before the federation and continued to the today's government of Malaysia.[15]
Less than a decade later, the Sultanate of Sulu came under the control of Spain and was forced to sign a document giving all of the Sultan's properties in Palawan and Sulu — excluding Northern Borneo — to Spain. In 1885, Spain relinquished all of its claim to Borneo to the British in the Madrid Protocol of 1885.[11]
In spite of that, in 1906 and 1920 the United States formally reminded[citation needed] Great Britain that Sabah did not belong to them and was still part of the Sultanate of Sulu on the premise that Spain never acquired sovereignty over North Borneo [see Madrid Protocol] to transfer all its claims of sovereignty over North Borneo to Great Britain on the Madrid Protocol of 1885. This is so because the Sultan of Sulu did not include his territory and dominion in North Borneo in signing the treaty of 1878 recognizing the Spanish sovereignty over “Jolo and its dependencies”.[citation needed] North Borneo was never considered a dependency of Jolo. However, the British Government ignored the reminder and still annexed the territory of North Borneo as a Crown Colony on July 10, 1946.
On 12 September 1962, during President Diosdado Macapagal's administration (the father of the former Philippine president Gloria Macapagal-Arroyo), the territory of North Borneo, and the full sovereignty, title and dominion over the territory were ceded by the then reigning Sultan of Sulu, HM Sultan Muhammad Esmail E. Kiram I, to the Republic of the Philippines.[16] The cession effectively gave the Philippine government the full authority to pursue their claim in international courts. The Philippines broke diplomatic relations with Malaysia after the federation had included Sabah in 1963 but probably resumed it unofficially through the Manila Accord. It was revealed in 1968 that President Ferdinand Marcos was training a team of saboteurs on Corregidor known as Operation Merdeka for infiltration into Sabah but Ninoy Aquino (a filibuster in the senate) exposed the Operation Merdeka in an event known as Jabidah massacre. Marcos later decided to drop the claim.[17]
Diplomatic ties were resumed in 1989 because succeeding Philippine administrations have placed the claim in the back burner in the interest of pursuing cordial economic and security relations with Kuala Lumpur.[18]
Republic Act 5446, which took effect on 18 September 1968, regards Sabah as a territory "over which the Republic of the Philippines has acquired dominion and sovereignty."[19] On 16 July 2011, the Supreme Court ruled that the Philippine claim over Sabah is retained and may be pursued in the future.[20]
To date, Malaysia continues to consistently reject Philippine calls to resolve the matter of Sabah's jurisdiction to the International Court of Justice.[21] Sabah sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.[22]
Formation of Malaysia
In the years immediately before the formation of Malaysia, two commissions of enquiry visited North Borneo (along with neighbouring Sarawak) in order to establish the state of public opinion there regarding merger with Malaya (and Singapore). The commission was mandated at addressing self-determination of the people of Sabah, i.e., the right of the people of Sabah to freely determine their own political status and freely pursue their own economic, social and cultural development. The first commission, usually known as the Cobbold Commission was established by the Malayan and British governments and was headed by Lord Cobbold, along with two representatives of Malaya and Britain (but not either of the territories under investigation). The Commission found that 'About one third of the population of each territory [i.e. of North Borneo and of Sarawak] strongly favours early realisation of Malaysia without too much concern over terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards... The remaining third is divided between those who insist upon independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come'.[23]
Indonesia and the Philippines rejected the findings of the Cobbold. In 1963, a tripartite meeting was held in Manila between Indonesian president Soekarno, Philippines president Diosdado Macapagal and Malayan Prime Minister Tunku Abdul Rahman. The meeting agreed to petition the UN to send another commission of enquiry and the Philippines and Indonesia agreed to drop their objection to the formation of Malaysia if the new commission found popular opinion in the territories in favour. The UN Mission to Borneo was thus established, comprising members of the UN Secretariat from Argentina, Brazil, Ceylon, Czechoslovakia, Ghana, Pakistan, Japan and Jordan. The Mission's report, authored by UN Secretary-General U Thant found ‘a sizeable majority of the people' in favour of joining Malaysia. Although Indonesia and the Philippines subsequently rejected the report's findings – and Indonesia continued its semi-military policy of konfrontasi towards Malaysia – the report in effect sealed the creation of Malaysia.
Further claim
In 1939, a civil suit was filed by propriety claimants (Dayang Dayang Hadji Piandao and eight other heirs) of the "cession money" payable to the heir of Sultan of Sulu, following the death of Sultan of Sulu, Jamalul Kiram II in June 1936, childless. Chief Justice C. F. C. Macaskie of the High Court of North Borneo made a ruling on the shares entitled by each claimants.[24]
This ruling has often been quoted by proponents of Sulu Sultanate claim as proof of North Borneo's acknowledgement of Sulu Sultan's ownership of the said territory, although the ruling was made just to determine who are entitled to the "cession money", amounting to 5,300 Malaysian ringgit per year.
Developments
As reported by the Secretary-General of the United Nations, the independence of North Borneo was brought about as the result of the expressed wish of the majority of the people of the territory in a 1963 election.[25] This is further reinforced by the International Court of Justice view that,
“ ...historic title, no matter how persuasively claimed on the basis of old legal instruments and exercises of authority, cannot - except in the most extraordinary circumstances - prevail in law over the rights of non-self-governing people to claim independence and establish their sovereignty through the exercise of bona fide self-determination.[25] ”
Sabah's position within Malaysia was reinforced by the ruling made by the International Court of Justice for Pulau Sipadan and Pulau Ligitan to remain under the jurisdiction and sovereignty of Malaysia rather than Indonesia. The Philippines had an application to intervene in the case of Sipadan Island and Ligitan Island, but was rejected by ICJ.[26] On basis of Malaysia effectivités on Sipadan Island and Ligitan Island, the judges concluded the sovereignty of both islands are under Malaysia. Also, from the case, it is allegedly that the sovereignty of both islands were passed down from the Sultan of Sulu to Spain, the United States, Great Britain on behalf of the State of North Borneo, the United Kingdom of Great Britain and Northern Ireland and finally to Malaysia. Even though this is not the reason that the islands fall into sovereignty of Malaysia because neither the parties having found to have treaty based title to Sipadan Island and Ligitan Island.[27]
Sabah's Chief Minister Musa Aman sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.[22]
http://en.wikipedia.org/wiki/North_Borneo_dispute
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