Malaysia hopeless claim in Palawan Spratlys boost ties with China

Malaysia's claim in the West Philippine islands in Spratlys are based on their recent control in the North Borneo as a state of Malaysia but still not recognized by the Sultanate of Sulu which is now under the Philippine Territory.

North Borneo was once a State of the Sultanate of Sulu but illegally turnover by the British company to Malaysia.

Sultanate State of Sulu is still hoping to regain its control over the North Borneo to be part of the State of Sulu - the Philippines when the 12 State Philippines Charter Change will happen.

Kuala lumpur government's claim in some islands of Spratlys are weak and might only fall back to the Philippines if the Sultanate of Sulu will regain its control over the North Borneo.

Malaysia Hopeless over Spratlys Boost ties to China

Malaysia, China boost ties, overlapping claims in West Philippine Sea not a factor

Malaysia and China continue to strengthen the existing bilateral ties without letting the overlapping claims in the Spratlys Island hamper the efforts.

The bilateral ties between Malaysia and China were taken to greater heights during the half-hour meeting between Deputy Prime Minister Tan Sri Muhyiddin Yassin and Chinese Vice-President Xi Jinping, who had shown a very keen interest in Malaysia.

Muhyiddin said Xi probably could not forget the facts that Malaysia was the first among Asean member countries to establish diplomatic ties with China in 1974, besides being the first country to invite the republic to join Asean+1 and to host the Asean-China Summit.

"He (Xi) really appreciates the supports given by Malaysia," he told the Malaysian press covering his visit to China here today.

On the overlapping claims in the South China Sea, Muhyiddin said he had made it clear to Xi that the issues should not affect the long existing economic ties between Malaysia and China.

"Although the issues have yet be resolved, all trades and investments should go on and remain unaffected," he said.

The deputy prime minister said Malaysia believed that the overlapping claims should be resolved peacefully through dialogues and negotiations between the countries involved, without involving military powers and intimidation, and that it should also be based on international law and not history.

He said the implementation of the South China Sea Code of Conduct (CoC) and the ongoing efforts to ensure its success were essential to resolve the issues.

"These issues shouldn't affect the existing ties between China and other countries too," he said.

For the record, several countries, namely Malaysia, Philippine, Brunei, Vietnam, China and Taiwan, have made overlapping claims over waters and islands in the South China Sea.

The meeting also discussed the development of Malaysia-China Kuantan Industrial Park and Qinzhou Industrial Park which would symbolise the strong ties between the two countries.

Muhyiddin said Xi had also expressed his intention to boost Asean-China trade in four major areas, namely in strengthening China-Asean Free Trade Area (FTA) involving private and government-to-government programmes; the importance of bilateral investment to boost China-Asean relations; improving connectivity in various fields and emphasizing on people-to-people relations, especially among youths and students.

As such, Muhyiddin said Xi also proposed the setting of an exchange programme involving 100,000 Chinese students and 100,000 other from Asean member countries.

At the end of the meeting, Muhyiddin also thanked the Chinese government on the loan of a pair of Chinese giant pandas, which were scheduled to arrive in Malaysia in 2014.

"Xi has described the loan as a symbol of Malaysia-China diplomatic relations. China doesn't give pandas just to anybody," he said, adding that the facilities for the pandas were being prepared at the Wetland Park in Putrajaya.

MYsinchew

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Kiram defies Aquino order to leave Sabah

MANILA—The heirs of the sultan of Sulu and their followers are not going to leave Sabah despite a stern warning from President Aquino, a spokesman said.

Abraham Idjirani, secretary general and spokesperson of the heirs to the sultanate, said Sultan Jamalul Kiram III was willing to be arrested if the Aquino government decides to file a case against the chieftain.

But Idjirani stressed that the “royal forces” of Kiram did not intend to trigger a war when they started occupying the village of Tanduao in Lahad Datu on Feb. 9.

“What we need now is a mutual understanding,” Idjirani said in a press briefing at Kiram’s house in Taguig City.

“We welcome the statement of the President. It’s a development on the right track,” he added.

He said the decision of Kiram’s followers to stay in Sabah “is not a hardline stance.”

Kiram himself issued a statement later saying his armed followers did not break any laws when they occupied a village in Sabah on Feb. 9.

Reacting to President Aquino’s statement, Kiram said, “Mr. President, what more proof do you want us to show that Sabah is ours?”

“As far as we are concerned, we haven’t committed a crime…. The sultan of Sulu’s action is a benevolent aspiration and not a violent reaction to fight,” Kiram said in the statement read by his daughter Princess Jacel Kiram.

The President on Tuesday called on Kiram III to stand down and order his followers to come home “as soon as possible,” warning of “consequences of your actions” should they continue to refuse to leave Lahad Datu in Sabah.

Mr. Aquino issued the call in a televised address at an early morning press conference in Malacañang before flying to Cagayan de Oro City, where he was to campaign for Team PNoy.

Point of no return…

“We have not yet reached the point of no return, but we are fast approaching that point,” said the President, apparently referring to the 48-hour extended deadline imposed by Malaysian authorities for the group led by Raja Muda Agbimuddin Kiram, brother of the sultan, to leave the village of Tanduao.

The deadline was to expire Tuesday.

“This is a situation that can’t persist,” the President noted, in effect, saying if the situation turned bloody, the sultan had only himself to blame.

“My duty is very clear: it is to protect the interests of all of our people, and if that is not possible, then to do what will redound to the interests of the greatest majority. This is the time to demonstrate that you are a true leader both in name and deed. The right thing to do now would be to order your followers to return home as soon as possible. The choices and consequences are yours. If you choose not to cooperate, the full force of the laws of the state will be used to achieve justice for all who have been put in harm’s way,” said the President.

Mr. Aquino last week said that guns would never resolve the Sabah claim of the sultanate of Sulu.

This time, the President appealed for calm after Raja Muda told Radyo Inquirer 990 AM on Monday that the standoff with Malaysian authorities was a “do or die” situation, and that the sultanate’s “Royal Security Force” would not leave Sabah “until the issue is resolved.”

The President had this piece of advice for Jamalul and his clan that insist on historical rights over Sabah.

“The avenue of peaceful and open dialogue is still available to us. Let us therefore sit down as brothers to address your grievances in a peaceful, calm manner according to our laws and according to correct processes when your people arrive home,” said the President.

“What is clear is that a peaceful resolution of this issue is to everybody’s interest. Even if we assume, for the sake of argument, that there are legitimate grievances, the presence of an armed group in Lahad Datu will only bring us further away from resolving these issues,” said Mr. Aquino.

Renouncing war as a policy

Despite his appeal to the sultan and his followers, Mr. Aquino said they could face charges under Philippine laws for choosing to pursue their claim to Sabah using arms.

In fact, the President had already ordered Justice Secretary Leila de Lima to launch an investigation.

Besides De Lima, Interior Secretary Mar Roxas, presidential spokesperson Edwin Lacierda, Communications Secretary Ricky Carandang, and Undersecretaries Abigail Valte and Manolo Quezon III also turned up at the Palace press conference.

“As President and chief executor of our laws, I have tasked an investigation into possible violations of laws by you, your followers, and collaborators engaged in this foolhardy act,” he said, reminding the sultan that war had never been an instrument of the country in pressing for any of its territorial claims with neighboring countries.

“May I remind you as well that as a citizen of the republic, you are bound by the constitution and its laws. Among your possible violations is Article II, Section 2, of the Constitution, which states that the Philippines renounces war as an instrument of national policy, the enabling law of which is Article 118 of the Revised Penal Code, which punishes those who “provoke or give occasion for a war…or expose Filipino citizens to reprisals on their persons or property.”[1] Thus, you are now fully aware of the consequences of your actions,” said the President.

As to whether criminal cases would be filed against the ailing sultan, Lacierda volunteered this interpretation.

“We will talk to them if they cooperate. If they don’t’ cooperate, the Department of Justice will talk to them based on the speech (of the President),” said Lacierda.

Appeal to ‘leader of clan’

“And so this is my appeal to you: These are your people, and it behooves you to recall them. It must be clear to you that this small group of people will not succeed in addressing your grievances, and that there is no way that force can achieve your aims,” said Mr. Aquino.

“You are a leader of your clan, and every leader seeks the well-being of his constituents. These times require you to use your influence to prevail on our countrymen to desist from this hopeless cause,” the President added.

According to the President, the action of Jamalul’s followers not only endangered their own lives but also had wide implications for Filipinos living in Sabah.

“They also put at risk our countrymen peacefully engaged in their livelihood in Sabah. These are hundreds of thousands of individuals. Their families, dependent on their wages, are likewise being made to suffer. Filipinos residing in Basilan, Sulu and Tawi-Tawi, who trade with Sabah, have had their commerce disrupted.

“ Most of these people are your fellow Muslims. This is a situation that cannot persist. If you are truly the leader of your people, you should be one with us in ordering your followers to return home peacefully,” said Mr. Aquino.

Malaysian ‘challenge’

He reminded Jamalul that sending “approximately” 180 people, 20 to 30 of whom are armed, to Sabah “would only bring us further away from resolving these issues.”

“Having an armed group in Lahad Datu presents a challenge that the Malaysian authorities cannot ignore,” said the President, but added that from the outset of this incident, “our primary consideration has always been to protect all lives. Secretary del Rosario had already reached an agreement with Malaysian Foreign Minister Anifah that this issue should be resolved in a peaceful manner.”

Mr. Aquino disclosed that Philippine armed forces and police have been actively communicating with their Malaysian counterparts “to peacefully resolve the situation,” while other agencies of government have also been tasked to prepare for any contingencies that could potentially affect Filipino citizens in Malaysia.

“Apart from this, we have also sent a number of emissaries to the Kiram family to ask them to convince the group in Lahad Datu to return home peacefully. In fact, there is a humanitarian ship with social workers and medical officers on board nearby to facilitate the peaceful departure of those in Lahad Datu,” said Mr. Aquino. - source

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Letting sleeping dogs lie

The moribund—some say dormant—Philippine claim to Sabah, (abandoned by the central government seems more like it) was almost consigned to the dustbin of history until a hardy band of men from Sulu took matters into their own hands.

Stirred from a stupor of “let sleeping dogs lie” policy, the President is calling on the intruders to return home where the problem can be taken up with the Sultan of Sulu. A Philippine navy ship is waiting to fetch the informal settlers.

Numbering 235, the Sultan’s followers sailed to Lahad Datu, a coastal town in Sabah, to occupy the land they claim is their home to jolt both Malaysia and complacent Philippine governments from Cory Aquino, Fidel Ramos, Joseph Estrada, Gloria Macapagal Arroyo, and full circle, to Benigno Aquino III.

Ironically, political arch-rivals Diosdado Macapagal and Ferdinand Marcos were on the same page for pushing the Sabah claim. Cory was kept busy by coup attempts; FVR was kept busy defending her and extending limits to his own term; Erap was busy managing several households; while Gloria and Mike Arroyo were too embedded with the Chinese. The present occupant of Malacañang is busy going after the Arroyos and other perceived enemies of the State.

Amina Rasul, Director of the Philippine Center for Islamic Democracy made a very strong case for the country to revive its claim to Sabah during a recent interview on ANC. Rasul narrated how a part of Sabah was bequeathed by the Sultan of Brunei to the Sultan of Sulu as a reward for helping quell a rebellion in his country.

In the twist and turn of history, the British which leased Sabah from the Sultan of Sulu through its North Borneo Trading Company ceded Sabah to the then-Federation of Malaya, a former colony.

Rasul suggested (a week before the President directed key functionaries to do so), the formation of a committee on Sabah composed of officials from the justice, finance, foreign affairs and the defense departments and the chief negotiator with the MILF for an all-bases covered claim. At the very least, Manila should help pursue the Sultan of Sulu’s proprietary rights if not a full sovereign claim on Sabah.

Rasul revealed why Nur Misuari has a strong interest in Sabah. Nur’s wife, Ruayda , is one of the heirs of the Sultan of Sulu Ms. Rasul, a daughter of former Senator Santanina Rasul, is also related to the heirs of the Sultan of Sulu.

Misuari has warned Malaysia not to harm the Sultan’s followers or “we might be forced to come to their aid.” Nur is not one to be taken lightly as shown when he sent in his fighters to the Abu Sayyaf stronghold to rescue three kidnapped foreigners. The town of Lahad Datu is no more than two hours sailing time from Sulu on a fast outrigger boat.

Rasul said there’s a bigger stake in Sabah than the Scarborough Shoal dispute with China which Manila has elevated to the International Tribunal on the Law of the Sea for arbitration.

Manila’s move has riled Beijing who accuses the Philippines of violating the Code of Conduct on the South China Sea. Accusing the Philippines of conduct unbecoming has shown the gall and effrontery of the Chinese. It is China which unilaterally declared its nine-dash line claiming the entire South China Sea without regard to the United Nations Convention on the Law of the Sea which gives countries with coast lines a 200-mile exclusive economic zone.

The Philippines has exhausted diplomatic dialogue even as the Chinese deployed patrol boats to keep Filipino fishermen out of Scarborough Shoal which is within the country’s maritime borders.. The Chinese also built a garrison and an airstrip on the Paracels claimed by Vietnam.

China favors bilateral negotiations with other claimants, clearly a ploy to divide and conquer. The end game is for one or two of the claimants to cut a deal that would undermine the others’ claim.

A Filipino tycoon with investments on almost every big ticket project has proposed joint exploration with China of the potential oil and gas resources under the sea. It makes good business sense but only if the Chinese would be willing to set aside their sweeping claim over the South China Sea. Otherwise, the proposal is a siren song, seductive and fraught with danger.

In its agenda for hegemony in the region, China has stoked dormant historical hostilities with Japan and India. By including in its new Chinese passport a map of disputed territories still to be settled, Beijing has become the proverbial bull in a china shop. - source

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'PNoy should aggressively pursue PH claim over Sabah'

MANILA, Philippines -- Philippines' claim to Sabah, which was first made during the term of President Diosdado Macapagal in 1962, has been pending in the International Court of Justice and the Aquino administration should aggressively pursue it, Philippine Council for Islam and Democracy (PCID) Director Amina Rasul said.

"Here we are engaging China over Spratlys which is a tiny rock as compared to Sabah and we're not going to pursue Sabah when we have historical documented rights over it?" Rasul told ANC.

Rasul said she also believes the government's inaction on the Sabah issue has forced the Kirams to take matters into their own hands.

"Malaysia of course is saying that this is infringement of their sovereignty, you go in there without a passport. But for the Sultan of Sulu who claims and who maintains to this day that that is their territory, they're just visiting an estate. It's pretty much like you own a piece of property in Cavite and you want to go there, why do you need a passport?"

"Most of the residents of Sulu, Tawi-Tawi, and Basilan who form part of the Sultanate of Sulu support that contention. We have always held that Sabah is ours," she said.

ANC Headlines, February 23, 2013

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Pinoys in Sabah standoff remain defiant as 'deadline' lapses

A group of Filipinos claiming to be followers of the Sultan of Sulu remained defiant after a restless Tuesday night in Sabah as the midnight "deadline" for their surrender lapsed.

Sitti Krishna Idjirami (left) sister of Jamalul Kiram III (center), the 74-year-old Sultan of Sulu, and Crown Prince Bantillan Kiram (right) speak at a press conference in Manila on Tuesday. President Benigno Aquino III has warned Jamalul Kiram III that he would face the 'full force of the law' if he did not withdraw his gunmen from Sabah, Malaysia, but the elderly ruler remained defiant.

But Raja Muda Agbimuddin Kiram, brother of Sulu Sultan Jamalul Kiram III, also said early Wednesday they are running out of food.

"We are ... poised to retaliate," Kiram said in an interview on dzBB radio, adding he received text messages from "sympathizers" Tuesday night that the deadline was nearing.

On Tuesday, Department of Foreign Affairs (DFA) spokesman Raul Hernandez was quoted by Balita as saying DFA Secretary Albert del Rosario has requested Malaysia to extend the deadline until Tuesday midnight as Manila continues to persuade the group to leave peacefully.

But when asked if Malaysian authorities moved in when the "deadline" lapsed, Kiram said nothing happened.

"Walang nangyari (Nothing happened)," he said.

He also said that while they managed to get some sleep, they had to take shifts to keep watch.

'Negotiations'

For now, he said they are open to "negotiations" with Malaysian authorities, and may ask them to "respect human rights" and allow their sympathizers to bring them food.

"They must also allow sympathizers, not to stop them from coming to bring us food," he said.

He said they have been running out of food.

Kiram also said they are willing to listen to Foreign Affairs official Jose Brillantes if he meets with them.

No bigtime funding

On the other hand, Kiram insisted no one funded their trip to Sabah.

President Benigno Aquino III on Tuesday had said the group may have had "collaborators" and wanted them investigated.

"Walang gumagastos sa amin. This is self-reliance," he said.

Malaysian police to resolve 'intrusion' soonest

On Tuesday, Malaysian police said the "intrusion" will be resolved soonest, and advised the public not to be worried.

Deputy Inspector General Tan Sri Khalid Abu Bakar was quoted in a report by Malaysia's Bernama news agency as saying the episode since Feb. 12 will be resolved.

"We will end the present standoff and I advise people not to worry. God willing, we will solve the matter as soon as possible," he said.

He refused to comment on supposed "negotiations." —KG, GMA News

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Understanding Cancer and Carrot Health Benefits

Well, considering how amazing carrots are for health, especially its juice, no prizes for guessing why he does that! But all said and done, it is fantastic for maintaining your health. In fact, studies have shown that carrots and cancer have a significant link. Its juice is believed to be extremely potent in reducing risks of different types of cancers.

Cancer and Carrot Health Benefits

Nutrients in Carrot Juice

This juice has been touted as the miracle juice all over the world. And why not, it is fully loaded with vitamins, minerals and other substances essential for good health. So to get to how it prevents cancer, this premise is necessary. The juice has vitamins A, C, D, E, K, B1, B6 along with iron, calcium, sulfur, copper, chlorine, magnesium, phosphorus, sodium and potassium. Each of these vitamins and minerals play their role to the fullest to make this juice an unbeatable prospect when it comes to dealing with the leviathan called cancer. In addition to these, the juice contains beta carotene, which is a potent weapon against cancer.

Major Beneficial Nutrients

Vitamin E: The first strong contender in carrot working against cancer is the wily old vitamin E which exists in three chemical forms - alpha, beta and gamma tocopherol. These are together called vitamin E complex. According to a study, interestingly, a relation has been established between vitamin E and growth and division of cells essential to keep the tissues healthy. Amazing as it may sound, when in laboratory conditions, cancerous tissues were placed in blood serum loaded with vitamin E, they did not grow. In addition to that, vitamin E improves immunity and inner strength of your body, which can also deal well with cancer.

Vitamin A: My granny always tells me to eat carrots because it is good for the eyesight. It surely is. Those who have a very negligible power when it comes to lenses or glasses, eating carrots or having its juice can help them regain the 6 by 6 eyesight. All thanks to vitamin A, which is found in abundance in it. Can you believe that 200 grams of carrot juice, actually has 50,000 or more units of vitamin A? But that is true, believe it or not! A very famous dietitian, in fact, cured a woman suffering from stomach cancer, armed only with juice of carrots!

Beta Carotene: Carrot juice can stave off breast and skin cancer due to the amount of beta carotene it has. Primarily beta carotene is an antioxidant and it eliminates free radicals totally from the body. It also takes care of preventing the cell degeneration which happens in our body. Consequently it also prevents the aging process. Apart from this, because of anti carcinogen properties in carrot juice, cancer is prevented.

Other Nutrients

Other nutrients like vitamin B and C in have an effect in totality on maintaining and stimulating necessary body functions like metabolism, healthy teeth and bones, bracing up the immune system, improving digestion, enhancing vision, good skin, and such others. These as a whole prevent lung cancer, blood cancer and who knows there might be many more! Thus after all this, we can safely say that the benefits of juicing carrots are umpteen!

Many nutritionists and dietitians swear by health benefits of this vegetable. Many have done a lot of experiments as well and have emerged as a success. Now, with all these mind-boggling benefits, who would not munch carrots? So, are you ready for your daily dose of the miraculous red juice?! Go for it!

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Sabah standoff

IN ANOTHER David and Goliath move, a hundred armed Tausugs, led by Rajah Mudah (crown prince) Agbimuddin Kiram are in Lahad Datu, Sabah and have captured the attention of the world to the sovereign and proprietary claims of the Sulu sultanate over Sabah. Datu Agbimuddin and the brother of the Sulu sultan, Jamalul Kiram III, has stated that they are in Lahad Datu on a visit of their "homeland." Since the sultanate is now part of the Philippines, the sovereign rights over Sabah have therefore been assumed by the Philippine government.

Left unresolved, the standoff in Sabah can escalate into an international incident that could create tension between Malaysia and the Philippines. Worse, there may be vested interests that will fuel an escalation into conflict. For instance, how true are the rumors from Malaysia that this incident may be driven by local politicians out to destabilize the ruling party, UMNO, by creating fear among the Sabahans? After all, the Malaysian government, under UMNO leaders, have been fully supporting the peace process with the Moro Islamic Liberation Front. News from Malaysia surmise that although Prime Minister Najib Razak is popular, the UMNO may be losing support. If this trend continues, then the opposition led by Datuk Anwar Ibrahim may have a stronger hand in challenging the UMNO in the June elections.

The Moro National Liberation Front, under chairman Nur Misuari, has been meeting in Zamboanga City since Wednesday about the situation. I have been informed that the discussions, which involve Muslim religious leaders from the islands, have leaders demanding support for the followers of the Sultan while calling for a peaceful resolution of the impasse.

With the Philippine government engaged in finalizing the peace agreement with the MILF, supported by the Malaysian government as facilitator, the impasse needs to be resolved peacefully. It is unfortunate that the government, under then President Gloria Macapagal-Arroyo, did not consider the Sabah claim as a major issue that could undermine the effectiveness of Malaysia as facilitator. This, in spite of statements issued by Moro leaders in 2001 that questioned the choice of Malaysia as facilitator amid the Sabah claim.

However, the Malaysian government has been effective in facilitating the GPH-MILF peace process since 2001 as well as an ally for security and development. It is therefore in the interest of all concerned that the Sabah stalemate be quickly and peacefully resolved. This close to the last stage of the peace process, we cannot afford a conflagration that could bring us all back to square 1.

Allow me to provide a background on the Sabah issue so that readers may understand the complexity of the situation. The government has been pursuing its claim over Sabah since the administration of President Diosdado Macapagal. The claim emanates from the Sulu sultanate’s sovereign rights over Sabah, which was turned over to the government. The proprietary claim of the heirs to Sabah, however, originates from the decision of a British court when Malaysia was still under British rule.

THE SULU SULTANATE ACQUIRES SABAH

The Genealogy of the Sulu Royal Families, written by Sururul-Ain Ututalum (descendant of Dayang-Dayang Hadja Piandao and, therefore, an heir to Sabah) and Abdul-Karim Hedjazi, traced the close relationship between the royals of Brunei and Sulu. In the 1500s, Brunei Sultan Bolkiah was married to Sulu Princess Putri Laila, granddaughter of Shariful Hashim, first Sultan of Sulu. In the late 1600s, when Sultan Muaddin of Brunei was threatened by rebellion, he turned to his kin in Sulu for help. The rebellion was quelled. As a reward, the Brunei sultan gave resource-rich Sabah to the Sultan of Sulu. The property includes 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." The territory is defined in the agreement.

(http://www.lawnet.sabah.gov.my/Lawnet/SabahLaws/Treaties/GrantBySultanOfSuluOfTerritoriesAndLandsOnTheMainlandOfTheIslandOfBorneo.pdf)

SABAH BECOMES PART OF MALAYSIA

In 1763, Sultan Azimuddin signed a treaty allowing the British East Indies Co. to use Sabah and other territories. Tensions later developed between the sultan and the company, which prevented the effective implementation of the treaty until 1878. At this time, Baron Von Overbeck of the British East India Trading Co. entered into a lease agreement or padjak with Sultan Jamalul Alam. This company was later absorbed by the British North Borneo Co. which, in 1946, transferred sovereign rights over Sabah to Britain. When the Federation of Malaya was granted its independence from Britain in 1963, Sabah was one of the territories turned over to the newly established Malaysia.

SOURCE OF DISPUTE

The dispute revolves around the meaning of the term padjak. The Tausug padjak means lease whereas the British version used the term to mean "grant" or "cede." Thus, the sultan’s heirs maintain that Sabah was merely leased to the company while Malaysia states that the Philippines has no claim because Sabah had been sold to British East India Trading.

The Malaysian government continues to pay lease money owed by British North Borneo to the descendants of the sultan to this day. The Malaysian government pays RM5,300 per year as rental for Sabah to the heirs since the formation of the Malaysian federation in 1963.

Today, the sum of RM5,300 -- less than ₱75,000 -- as annual rental barely covers the monthly rent of a house in Kuala Lumpur, Malaysia. The heirs, on their own, have attempted to renegotiate the terms of the padjak with the Malaysian government.

In 1996, Princess Denchurai Kiram, daughter of Princess Tarhata Kiram and administrator of her estate, wrote then Prime Minister Mahathir to raise the rental to $1,000,000. She also stated that she and the other heirs were willing to renounce the claim if Kuala Lumpurt will provide a fair settlement. The letter was ignored by Mr. Mahathir.

In June 2010, the Sulu provincial board passed a resolution supporting the demand of the heirs to increase the yearly payment to at least $500 million.

Weeks earlier, Mr. Misuari issued a statement calling the attention of Malaysia to settle the Sabah issue. Misuari’s first wife, the late Desdemona Tan, and present wife Ruayda, are heirs to Sabah since they are descendants of Dayang-Dayang (Queen) Hadja Piandao, who was acknowledged to have 3/8 share of Sabah.

In January 2001, Sultan Esmail Kiram II, the brother of Jamalul III, also wrote Mr. Mahathir, this time through President Gloria Macapagal Arroyo. Princess Denchurain’s daughter, Princess Tajmahal, was a co-signatory. According to reports, their demand was for $855 million.

SOVEREIGN RIGHTS

The late Ambassador Abraham Rasul, wazir or prime minister to Sultan Esmail Kiram (and later wazir to Sultan Mahakuttah, son of Esmail), had been authorized by the sultan to discuss the pursuit of the Sabah claim with Mr. Macapagal and, later, President Ferdinand Marcos. (Ambassador Rasul succeeded his father, the first Muslim senator, Hadji Butu, who was wazir to three sultans.)

Esmail Kiram officially transferred the sultanate’s authority and sovereignty to the Philippines on Sept. 12, 1962 through a written instrument signed by himself and Foreign Affairs Secretary Emmanuel Pelaez. The transfer was authorized by a resolution passed by the Ruma Bechara (literally "House of Talk," equivalent to council of advisers/Cabinet). He thus gave up the Sulu sultanate’s sovereign rights to Sabah to the government, but retained proprietary rights over the same.

However, there was a provision in the Ruma Bechara resolution that in the event the government fails or refuses to protect its claim, the Sultanate of Sulu reserves the right to prosecute its claim over Sabah, in whatever manner it can think of. The Kiram family lawyer, Ulka Ulama, and former Senator Santanina Rasul have documents that bear this out. (As a UP political science student, Senator Rasul wrote an award-winning essay on the claim, which was published in the UP Law Journal.)

If the sovereign claim over Sabah is dropped, do we lose all rights? Even if we lose sovereign rights over Sabah, we still have proprietary rights, through the heirs of the Sultan, who personally owned Sabah.

THE HEIRS

The legally recognized owners -- members of Sulu royalty and nobility -- were identified in the 1939 ruling of Chief Justice C. F. C. Macaskie of the High Court of North Borneo: Dayang-Dayang (Princess) Hadji Piandao was acknowledged as the major share-holder with 3/8 share. Princess Tarhata Kiram and Princess Sakinur-In Kiram were to each have a 3/16 share. The six other heirs who went to Macaskie’s court were awarded 1/24 share apiece: Mora Napsa, Sultan Esmail Kiram, Datu Punjungan, Sitti Mariam, Sitti Jahara and Sitti Rada.

Princess Denchurain acknowledged the nine heirs specified in the Macaskie decision as the true heirs of Sabah.

All the principal heirs have died. As of today, there are probably a thousand heirs of the heirs. Dayang-Dayang Hadji Piandao Kiram, an only child, was childless. Therefore her cousins, nieces and nephews will divide her 3/8 share. Among her cousins was my grandmother, Hadja Salma, wife of Sen. Hadji Butu. Thus, my father, the late Ambassador Rasul, and his siblings and cousins are heirs. Misuari’s wive (Desdemona and Ruayda), are heirs. Jamalul III and Esmail are the children of Datu Punjungan.

MOVES TO RESOLVE CLAIM

During the term of President Macapagal, the government in 1962 filed a claim over Sabah with the United Nations. A Sabah Division was created in the Department of Foreign Affairs.

Mr. Marcos had other plans. Parallel to legal maneuverings, he had young Muslims trained in Corregidor to "destabilize" Sabah. The scenario: the Philippines could then come in and take Sabah by force, to "protect" the thousands of Tausugs who lived there or incite them to secede and join the Philippines. The plan went awry, resulting in the massacre of the Muslim trainees. Except for one lone survivor, Jibin Arula. Away from the barracks when he heard gunfire, Arula claimed he saw his comrades mowed down by their military trainors. He ran to the mountains, went over the cliff and into the sea. He was rescued the next day by Cavite fishermen. Somehow, he was brought to then Cavite Gov. Delfin Montano. The governor brought Arula to Senator Benigno Aquino who then exposed the infamous "Jabidah Massacre" of March 18, 1968. Malaysia severed diplomatic ties with the Philippines after the expose. It took the combined efforts of Indonesia, Singapore and Thailand to resolve the situation.

President Corazon C. Aquino wanted to resolve the claim during her term. It seems that Malaysia would only agree to negotiate if all the heirs spoke as one. In 1987, she instructed Foreign Affairs Secretary Raul Manglapus to bring all the heirs together. On Oct. 23, 1987, Mr. Manglapus wrote Ambassador Rasul: "I would like to suggest that the claimants organize themselves so that they may arrive at a common position…. Although yours is a private claim, we have the assurance of the Malaysian government that they are ready and willing to negotiate with the heirs of the Sultan of Sulu in order to settle this matter."

Then Sen. Santanina Rasul was requested to coordinate the unification of the heirs. As her chief of staff, I was tasked to implement the assignment. We managed to bring them all to Malacañang. After hours of deliberation, the heirs appointed their representatives, led by Sec. Manglapus, to negotiate with Malaysia. Unfortunately, the meeting came to a standstill when Jamalul III dissented. Afterward, the heirs of Dayang-Dayang Hadji Piandao Kiram, Sultan Esmail Kiram, Princesses Tarhata, Sakinur-in and Sitti Mariam sought a meeting with Sec. Manglapus. A brief from that meeting held on Dec. 6, 1987, stated: "They were of the opinion that Sultan Mohamad Jamalul Kiram III was expressing his own personal views which contravene the consensus reached at the meeting of the heirs with Secretary… Manglapus at the PICC on Friday, December 4 and at the conference of the heirs held with President Corazon C. Aquino at Malacañang on Saturday, December 5."

President Fidel V. Ramos pursued the attempt to unite the heirs. Upon his suggestion, the representatives of the heirs met on Feb. 10, 1993 to discuss their establishment of the Sulu-Sabah Development Corp., which would be responsible for the economic development and sociocultural advancement of Sulu. It was understood that this entity would be the conduit of the funds from the settlement of the proprietary claim over Sabah. Former Presidential Legal Counsel (now Supreme Court Justice) Antonio Carpio drafted the terms. This corporation would have been powerful if the idea had prospered.

Why then did the attempts fizzle? During the Ramos years, the heirs still could not unite. By then, the idea to establish the Brunei-Indonesia-Malaysia-Philippines East ASEAN Growth Area had prospered. Rich Malaysia was employing hundreds of thousands of Filipinos as well as investing in Mindanao. Terrorism was sprouting and borders had to be secured. The Sabah claim moved to the back burner. This situation continued through the short-lived Estrada presidency.

The Arroyo administration renewed interest in settling the claim. Some of the heirs were feted at Malacañang in 2002 and Jamalul III was hailed as Sultan of Sulu. President Gloria Macapagal-Arroyo even gave the letter of Sultan Jamalul and Princess Tajmahal, asking for an adjustment of the rentals, to then Prime Minister Mahathir. The Arroyo administration, however, did not unite all the heirs, as the preceding administrations had done.

THE SULTAN OF SULU

The Sultanate of Sulu has had a tradition of being governed by one Sultan, supported and acknowledged by the citizens of the sultanate. The last to be so proclaimed was Sultan Mahakuttah Kiram, the son of Esmail Kiram. Mahakuttah, was recognized by Mr. Marcos, while his father was recognized by Messrs. Macapagal and Marcos. Jamalul III was recognized by Mrs. Arroyo, and was even included in the administration senatorial slate in 2004. He has been the most forceful and visible sultan.

It is unfortunate that today there are over 10 who are claiming the Sultanship. Among them are Sultan Jamalul III and his brother Sultan Esmail. Jamalul is the eldest son of Datu Punjungan Kiram. Initially, Datu Punjungan was the raja muda or crown prince of Sultan Esmail Kiram. But after Datu Punjungan left the Philippines to reside in Sabah, Sultan Esmail was fearful that Datu Punjungan might sign a quitclaim in favor of Malaysia, so he changed his crown prince, with the consent and authority of his Ruma Bechara. Esmail named his eldest son, Mahakuttah Kiram, as his crown prince. When Esmail passed away, Mahakuttah succeeded and his coronation was ordered by Mr. Marcos to safeguard the Sabah claim. Mahakuttah had anointed his son, Muedzul-Lail as the raja muda. At the time, Muedzul-Lail was in grade school.

RECOMMENDATIONS

• The Sabah impasse needs to be resolved peacefully. It is to the interest of the government to ensure that the MNLF, the dominant Moro liberation front in Sulu, supports a peaceful resolution of the situation. Misuari can play a role to de-escalate tensions. Not only is he Tausug and therefore supportive of the sultanate, his late wife Desdemona and present wife Ruayda are heirs. However, Misuari is aggrieved that the MNLF and he himself have been sidelined in the peace process with the MILF. Further, the Arroyo administration had been instrumental in supporting the Council of 15, which removed Misuari from the leadership of the MNLF. He was also incarcerated for over seven years and later released for lack of evidence. Misuari, who is still recognized by the Organization of the Islamic Conference as the chairman of the MNLF, is therefore a key player. Misuari yesterday convened a meeting of the MNLF and island leaders in Zamboanga City on the situation in Sabah and the claim. A statement will be issued calling for support for the Sabah claim.

• The national government should encourage and assist the leading members of the Kirams and the datus of Sulu to come together and choose one Sultan. This will not only re-establish the tradition of one Sultan leading the Sulu sultanate; it will provide a focal point for the nobility and traditional leaders of Sulu to lead in peace and development. At this point, Sultan Jamalul Kiram III has established his dominance in the field, particularly after the Lahad Datu incident. Most of the leaders in the island-provinces of Sulu, Tawi-Tawi and Basilan -- domain of the Sulu sultanate -- have applauded his action.

As many elected leaders in the island-provinces have not been successful in forging a strong foundation of governance and peace, perhaps strengthening the institution of the sultanate will provide Sulu, Tawi-Tawi and Basilan with an institution that can help unite the population behind peace and development, as the sultans of Malaysia are doing.

• The Benigno Aquino administration should follow the initiative began by Presidents Corazon Aquino and Ramos to unite the Sabah heirs and pursue the peaceful and just resolution of the Sabah claim.

- source

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1878 Sabah lease contract very clear: "...rights and powers hereby leased shall not be transferred..."

When the Sabah lease was signed 134 years ago -- on the 22nd of January 1878, between the Sultanate of Sulu & Sabah and two foreign businessmen, the Sultanate ensured that their rights to Sabah ownership were protected with this all encompassing moral and legal clause clearly spelled out in the lease contract, to wit (lease shown, 2nd photo):

"...but the rights and powers hereby leased shall not be transferred to any nation, or a company of other nationality, without the consent of Their Majesties Government."

The whole Mindanao-Moro problem compounded by Malaysia's continuing support for the MILF right in the heart of Philippine Moro 'homeland' is without a shadow of doubt tied to the Philippine Sabah claim.

The Malaysians know it and the Filipinos know it but Kuala Lumpur will do everything in their power to make sure that the Philippines will not have a moment's respite to turn around and raise the Sabah claim. And the problem is being compounded by the fact that successive Chinese communities in Sabah have staged their own claim over Sabah and over the last couple of decades, they have been at it, trying to muster political support from the population of Sabah to claim "independence" from Malaysia.

As years go and while this problem is unsettled, there will be more problems -- political and military, that are bound to arise and could very well bring the Sabah question to the inevitable: armed conflict which it almost did back in the 60s when the Philippines attempted to take physical control of Sabah in a covert operation code-named "Operation Merdeka."

After 134 years, it is time to examine the contents of the lease and to bring them out in the open. The Republic of the Philippines -- and Malaysia, cannot continue to be blind. Sabah is either the Philippines' or it is not -- only a minitious examination of facts done in absolute good faith can determine final legal and moral ownership.

If the parties to the claim or to the counter claim refuse -- and that includes major counter claimant Malaysia, to adhere to the principle of good faith, I'm afraid, the peace and order problem in Mindano will continue as the rebel forces in Mindanao are encouraged, maintained and funded by the the current occupiers of Sabah. And unless we face this extremely sensitive Sabah question head on, there is every chance that we will be encouraging Malaysia to invade Mindanao by proxy.

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DFA ship drops anchor off Sabah

A Philippine vessel dispatched over the weekend to bring back a group of Filipinos holed up in a village in Lahad Datu in Sabah has anchored off Sabah waters, a Malaysian news site reported Monday evening.

The ship was sent to Sabah by the Department of Foreign Affairs, which called its mission "humanitarian."

Group leader Dr. Sangkula Lajali said the ship has food supplies and a medical team on standby, according to a report on Malaysia's The Star online.

"We have a medical team of five on stand-by for any eventuality," it quoted Lajali as saying in a phone interview.

Lajali added they are "awaiting the necessary approval to enter Sabah waters," and could arrive in Lahad Datu “very quickly.”

But also on Monday, members of the Royal Army of the Sultanate of Sulu, who are engaged in the standoff with Malaysian authorities in Sabah, remained adamant that they will not board the ship.

The Star online report said the ship is in a "holding pattern" on the border of the Philippines and Malaysia.

Women and children only

Malacañang, meanwhile, denied that the ship was proof that talks to end the standoff have broken down, but consented to say that, for now, the ship will only deal with women and children who might be sickly or in need of assistance.

“We believe that we need to see the situation on the ground. It was a purely humanitarian effort on the part of the government to ascertain the welfare of those civilians,” presidential spokesperson Edwin Lacierda said at a briefing.

Lacierda added that there were doctors on board who were ready to assist those in need of help.

“We certainly hope that they will think about their women and, if there are any children there or if there are any sickly among them, that they will consider allowing our social workers, our doctors to take care of them,” he said.

Lacierda was evasive, however, when asked if the ship will deal with the 30-odd armed men reportedly involved in the standoff.

“We don’t know what’s going to happen. As far as we’re concerned, we’re trying every possible means to convince them to come home. And, in fact, that has been the consistent plea of the Secretary of Foreign Affairs: for them to come home. So that’s our position right now,” he said.

He declined to comment further how the Philippine government will deal with those armed.

“Pardon me if I will not be able to give you any answer to that point. We don’t want to also discuss what further steps the government will be taking. Our main concern right now is a peaceful resolution to the situation,” Lacierda reiterated.

Lacierda did say the ship will stay in Sabah for as long as there is a chance that anyone involved in the standoff will want to go home.

“They will stay there as long as they are needed there, as long as if there’s any one soul who would like to come home, we will take care of them,” he said.

Some 400 people, including 20 gunmen, have been in a standoff with Malaysian police in Sabah since they crossed over early this month to reclaim the area as their ancestral territory. Sultan Jamalul Kiram said his followers will not leave Sabah despite being cornered by security forces.

Another ship?

The Malaysian news site also cited reports that another vessel left Sulu early Monday for Sabah waters. The ship reportedly was carrying a member of the Sulu sultanate family.

Government officers were reportedly with them.

The Star online cited Philippine media reports quoting Tawi-Tawi Governor Sadikul Sahali as saying he was aware of the vessel from Sulu but did not say who was aboard it. — BM/KBK, GMA News

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How Do You Solve A Problem Like Sabah?

MALAYSIA was invaded earlier this month. A ragtag group of people - some of them armed - travelled from the Philippine islands of Sulu to Malaysian Borneo to stake their claim to the province of Sabah.

This so-called Royal Army of Sulu, just a few hundred in number, is hardly likely to be a major threat to the Malaysian police, who are currently surrounding their base in a little village.

But the fate of these people and how their claim is handled - by both countries, but especially the Philippines - may have important consequences for regional stability.

Sale or lease?

The leader of the group is the brother of Jamalul Kiram III, one of the two main claimants to the title of Sultan of Sulu.

It is a title that goes back to before the Philippines was an American colony, or a Spanish colony, or indeed properly recognised as the Philippines at all.

The two main sultanates in the region at the time were Sulu and Brunei. In 1658, the Sultan of Brunei gave Sabah to the Sultan of Sulu - either as a dowry or because troops from Sulu had helped him quell a rebellion.

More than 350 years later, the sultan's heirs have come to remind Malaysians that they still consider Sabah to be part of Sulu and, by extension, part of the Philippines.

"Sabah is our home," they said simply when asked why they had come.

But history is not that simple and of course Malaysia has no intention of giving up Sabah to this little band of Filipinos.

The crux of their disagreement lies in a contract made in 1878, between the Sultanate of Sulu and the British North Borneo Company.

Under this contract known as pajak, the company could occupy Sabah in perpetuity as long as it paid a regular sum of money.

Even today, Malaysia pays about RM5,000 (£1,000, $1,500) a year to the Sultanate of Sulu.

But the British and, after that an independent Malaysia, interpreted pajak to mean sale, while the Sulu Sultanate has always maintained it means lease.

"In my opinion, this is more consistent with a lease rather than a sale, because you can't have a purchase price which is not fixed and which is payable until kingdom come," said Harry Roque, a law professor at the University of the Philippines.

Secret militia

The issue has been a stumbling block in relations between Malaysia and the Philippines for decades, and a factor behind the continuing violence and instability on the islands of Sulu.

Successive Philippine presidents have pressed the sultanate's case, the most audacious being an attempt by the late President Ferdinand Marcos to train and equip a secret Muslim militia to take Sabah by force.

The plan was leaked before it could be put into action, and the militia force was allegedly killed by the Philippine army in an attempt to cover up the evidence. The massacre became one of the main triggers for rising Muslim discontent and the emergence of Muslim rebel groups which are still around in the region today.

Subsequent attempts to settle the issue have been far more peaceful and diplomatic in nature, and even the previous president, Gloria Arroyo, had brought up the claim with Malaysia on several occasions.

But under the current president, Benigno Aquino, the Sultanate of Sulu's ancestral rights have not been mentioned at all.

And that could well be why the Royal Army of Sulu decided now was the time to launch their brave, if somewhat, foolhardy invasion.

Disinterested party?

According to Roque, Aquino has not pursued Sulu's claims because he has been prioritising talks with a Muslim rebel group in the region, the Moro National Liberation Front (MILF), instead.

These talks have been fruitful, and there is a framework peace deal in place for the first time in decades.

But the facilitators of the talks are the Malaysians - and Roque says Malaysia is hardly a disinterested party.

"The fact that Malaysia volunteered to be a facilitator must have an impact on why the Aquino government has decided to keep the claim dormant," he said.

"Perhaps the Malaysians volunteered precisely because they don't want the Sabah claims to be revived."

But even if Aquino does not want to deal with the Sabah issue right now, he knows he cannot just ignore Sulu's claims.

The heirs to the sultanate are highly respected, and could call on a lot more support than the few hundred people currently in Sabah if necessary.

"If the sultan's family are not included in peace talks, and feel like they're being forgotten and left out, there will soon be a serious problem," said Professor Benito Lim, a historian from Ateneo de Manila University in the capital.

Revered family

I myself know how revered the sultan's family are in Sulu. There are two possible heirs to the title - Jamalul Kiram III, whose brother led the Sabah incursion, and Dr Ibrahim Bahjin Shakirullah II.

I visited Dr Bahjin in his little wooden house. He is a soft-spoken man, very unassuming and welcoming, living a simple life by the beach.

But the locals who came to visit with us were clearly extremely honoured to be in his presence.

After we chatted for a while, he invited me to a private room at the back of his house, where he took out what looked like a pile of old clothes.

But inside several layers of material, there was a ceremonial sword - a gift from the sultan of Brunei to his forefathers more than 300 years ago.

Decades and centuries may go past, but this family remembers its history as clear as if it were yesterday.

No peace deal, no change of presidency, not even the insurmountable odds posed by the Malaysian security forces, are going to make them forget that Sabah used to belong to Sulu - and in their minds, still does.

- Kate McGeown/ BBC

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Sultanate’s army given 48 hours to leave Sabah

MANILA, Philippines - Malaysia has given the followers of the Sulu sultanate 48 hours to leave Sabah, shorter than the four-day extension sought by the Philippines, a Malaysian news site said yesterday.

The Star online said the Friday deadline was extended after the Philippines asked for a four-day extension until Tuesday “on the grounds that Manila was trying to persuade the Sulu group to give up their stand.”

The Malaysian media firm said there have been reports that the group of Raja Muda Azzumudie, the brother of Sultan Jamalul Kiram III, “was running short of food supplies.”

Malaysian security forces are maintaining a tight sea and land cordon around the group, the report added.

“Azzumudie was reportedly in contact with Sultan Kiram who has told the group to stay put at the village until the Sabah claim demands were discussed but to avoid violence,” The Star online said.

Sabah is now being administered by Malaysia even as the Philippines has a standing claim to the area.

Malacañang earlier said it wants the standoff in Sabah ended peacefully as soon as possible.

Speaking over state-run radio station dzRB, deputy presidential spokesperson Abigail Valte said the government is working quietly with all stakeholders to achieve a long-term solution to the problem.

“From the point of view of this administration, we’ve always said that we’ve been working quietly with the Malaysian government and the Kiram family to resolve this standoff peacefully,” she said.

Valte said a Malacañang legal team will be coming up with a definitive position on the issue to uphold the national interest and avoid jeopardizing good relations with Malaysia.

“It will have to be dealt with separately at the proper time and under the correct conditions,” she said of the Philippines claim to Sabah.

Speaking to reporters in Iloilo City last week, Aquino said he has been talking to stakeholders in the Sabah standoff, including the family of the Sultan of Sulu.

“But of course that doesn’t rest entirely within our hands, there has to be cooperation amongst all entities to achieve first, a resolution on the current crisis and later on probably a long-term solution to this dispute,” he said.

Aquino said he has ordered the Malacañang legal team to study the Malaysian and Philippine claims to Sabah. – With Delon Porcalla - source

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‘No UN arbitration in Sabah Standoff’

MANILA, Philippines - Malacañang yesterday rejected proposals for the government to ask the United Nations to intervene in the current Sabah standoff and send peacekeepers.

The Philippines has asked Malaysia to give the government four more days to deal with the standoff peacefully.

“If you assess the situation on the ground right now, if you also look at all the statements of all the parties involved, on the part of the Philippine government, we’ve conveyed our preferring to have the situation resolved peacefully,” deputy presidential spokesperson Abigail Valte said.

Valte said the government was closely monitoring the situation and there were no reports of a “gunfight.”

“It’s being resolved in a peaceful manner. So let’s leave it at that,” she said.

She said the assessment was that the situation remained under control and “while there is a standoff, all the parties involved and all the parties concerned have expressed their commitment and their desire to have this end peacefully.”

The Moro National Liberation Front (MNLF) has proposed that the Philippine government ask the UN to intervene in the Sabah standoff.

Valte said the parties involved, including the Malaysian government and the Filipino gunmen, wanted to resolve the issue peacefully.

“And of course, Malaysian friends have also stated the same, so we share the same sentiment. Even the private individuals involved, the Kiram family, have also expressed their intention to have it resolved peacefully,” she said.

About 200 or more so-called Royal Army members of Sultan Jamalul Kiram have been holed out in Lahad Datu town in Sabah for more than a week, claiming their ancestral right over the region.

The gunmen led by Raja Muda Agbimiddin Kiram, the Sultan’s brother, declared they will not leave and are reclaiming the area as their ancestral territory. Malaysian authorities have given them until Friday to leave or be rounded up for deportation.

Valte though refused to comment on the timing of the incident and whether there was reason to be suspicious about the motives of those seeking to claim Sabah by force.

“If it’s wrong timing or suspicious, maybe we can set aside that issue first and focus on having a peaceful resolution on the situation in Sabah now,” Valte said.

President Aquino earlier expressed suspicion that the ongoing standoff in Sabah could have been staged to disrupt the peace negotiations between the government and the Moro Islamic Liberation Front (MILF).

In a statement from Melchor Amado, media consultant of former Tarlac Rep. Jose Cojuangco and wife, former Tarlac governor Margarita Cojuangco, the President has “cleared” the couple from any involvement to sabotage the peace negotiations with the MILF.

Amado said Aquino sent a personal message to his maternal uncle belying an earlier report suggesting the Cojuangco couple had a hand in the standoff in Sabah and the perceived plan to derail the peace talks with the MILF.

“Uncle Joe, we are looking for who is instigating them. Neither you nor Aunt Ting have been mentioned in any report to me,” Amado quoted the President in the letter.

‘Let’s see what happens’

Malacañang, however, cannot say yet if there will be a breakthrough in the current standoff as emissaries continue to talk for a peaceful resolution.

“Let’s see what happens this weekend,” Presidential Communications Development and Strategic Planning Office Secretary Ricky Carandang said.

President Aquino confirmed the government was talking to the Kirams, who had been calling on the administration to help them reclaim Sabah.

There had been information circulating that former national security adviser Norberto Gonzales went to Sabah but Malacañang would not comment.

Gonzales, according to highly placed sources, is being seen as one of those orchestrating the standoff.

Lawmakers led by Speaker Feliciano Belmonte expressed optimism that the standoff would be resolved peacefully.

Belmonte said the Philippines and the Malaysian government are sincere in resolving the incident without bloodshed.

Zamboanga City Rep. Ma. Isabelle Climaco, on the other hand, said there is historical claim on the Sabah issue, but diplomacy must be used to effect a peaceful resolution.

“Diplomatic channels have to be used through the Department of Foreign Affairs (DFA). We do not want an escalation of tensions in our borders thus, exercise all means for a peaceful resolution,” Climaco said.

Maguindanao Rep. Simeon Datumanong, a former justice secretary, also supported diplomatic means to resolve the Sabah claim issue and the current standoff.

“There should be a diplomatic deal with Malaysia regarding dealing with the men of the Sulu Sultanate and at the same time talk with the Sultan to help avoid a drastic situation,” he said.

Datumanong said the government could find some people who have access to Sultan Kiram and talk to him.

Former President Fidel Ramos also called for a peaceful resolution of the standoff in Sabah.

“It will affect not only the Philippines but also Malaysia. They are having elections. So let us try to resolve it peacefully,” Ramos said.

Followers of the Sultan, however, called for more support to their compatriots holed out in Sabah.

Paramount Sultan Ibrahim Bahjin Shakirullah II of the Sultanate of Sulu and North Borneo (now Sabah) said in a statement last Thursday that they supported the Royal Army members in asserting their rights as the people of the Sultanate of Sulu.

Shakirullah said they have already sent word through their emissaries appealing to his people in Sabah to give moral, economic, logistic and any other form of help to their brothers as a gesture of unity among the people of the sultanate.

The military, on the other hand, has intensified naval operations at the sea border of the Philippines and Malaysia in support of the security efforts to contain the standoff.

Defense Secretary Voltaire Gazmin said a naval blockade has been established near Tawi-Tawi to prevent undocumented Filipinos from going to Sabah as the standoff continues.

But the MNLF warned the naval blockade imposed by the military would only ignite the Tausugs of Mindanao to support and defend their brother Muslims in Sabah.

“The more (of the naval blockade), the entire Mindanao will unite,” MNLF spokesman Emmanuel Fontanilla said.

Sultan Kiram also issued an appeal to the Malaysian authorities not to take drastic steps that would harm his followers now holed up in Lahad Datu,

The MNLF leadership also raised the same appeal. –Jaime Laude, Paolo Romero, Mike Frialde, Pia Lee-Brago - source

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Rosario seeks extension for Sulu army’s exit from Sabah

Foreign Affairs Secretary Albert del Rosario has asked the Malaysian government to extend until February 26 the deadline for the royal army of Sulu sultanate to leave Sabah, it has been learned.

A Filipino soldier stands guard on the deck of a seacraft as it patrols the port of Jolo, Sulu province in southern Philippines yesterday, after tighter security was imposed in the area.

“(I) have requested (an) extension of the deadline to Tuesday from the (Malaysian foreign minister) in view of (the) work still in progress,” he said in a text message.

Del Rosario said that he will have to wait for a response from the Malaysian government and reiterated the Department of Foreign Affairs’ (DFA) earlier call to the armed group to leave the town of Lahad Datu in Sabah “as early as possible.”

“We are urging the group to peacefully withdraw . . . we are doing this in cooperation with the Malaysian government. If we need more time, we will endeavor to seek another extension,” del Rosario added.

Early this week, reports emerged that the Malaysian government would no longer negotiate with the Philippine government nor with the royal army of Sulu sultanate that arrived in Sabah over a week ago, to claim in what they refer to as their “ancestral homeland.”

Some 200 followers of Sulu sultan Rajah Mudah Agbimuddin Kiram arrived in Malaysia-controlled Sabah to lay claim on the island.

Meanwhile, Philippine defence and military officials are working overtime with their Malaysian counterparts to help reach an amicable settlement in the Sabah standoff without a single shot being fired.

“Right now, General Emmanuel Bautista (Armed Forces of the Philippines chief of staff), is talking with General Tan Sri Zulkifli Zainal Abidin, the chief of defence force, (while) I’m in touch with (Dr Ahmad Bin) Hamidi, defence minister, and we have agreed that this should be solved amicably and peacefully without any violence whatsoever,” Defence Secretary Voltaire Gazmin said.

Gazmin said that the two military chiefs are also closely coordinating and having a continuous exchange of information in securing the porous border between Mindanao and Sabah.The Philippine Navy has deployed six ships and an islander plane in the vast Sulu Sea, particularly in the vicinity of the provinces of Tawi-Tawi, Basilan and Sulu to prevent other Tausog warriors, supporters and relatives of the sultan of Sulu from crossing over to Sabah. The Malaysian Navy has also done the same.

Sabah is a contested territory of the Philippines and Malaysia, though Manila’s claim to it has remained dormant for years.Sabah was believed to have been leased to the British North Borneo Co by the sultanate of Sulu in the late 1800s, but Great Britain officially transferred the island to Malaysia in 1963.

The sultanate of Sulu claims that the transfer was a violation of the leasing agreement. Moreover, although Kuala Lumpur maintains its ownership of the island, its embassy in Manila reportedly continues to pay the heirs of the sultan of Sulu 70,000 pesos yearly.

Malacañang has vowed to uphold the Philippines’ interest in its claims to Sabah.

“From the beginning of this incident the administration has been working quietly with the Malaysian government and the Kiram family to peacefully resolve this standoff,” Palace deputy spokesman Abigail Valte said.

Valte also reiterated President Benigno Aquino’s position that “there is a team looking at the historical and legal context of the Sabah claim and that this would be dealt with at the proper time . . . under the correct conditions, in a way that upholds the national interests and does not jeopardise the relationship with (Malaysia).” - source

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Reprieve for Pinoys in Sabah

The Sulu sultan’s “royal army” in North Borneo got a reprieve as the Philippine and Malaysian governments adopted a wait-and-see stance on the standoff in Lahad Datu town in Sabah that entered second week on Saturday.

Muslims at the Golden Mosque in Quiapo district of Manila on Saturday express their support to Sulu Sultan Jamalul Kiram III and followers who are Sabah in press for their claim.

The Malaysian government did not take any action in the remote village of Kampung Tanduo although the Filipinos insisted on staying in the forested area beyond the Friday deadline set by Kuala Lumpur.

“While there is a standoff, all the parties concerned have expressed commitment and desire to have this end peacefully,” said Deputy Presidential Spokesperson Abigail Valte in an interview over state-owned dzRB radio.

She said the Department of Foreign Affairs had yet to receive word from Kuala Lumpur regarding the four-day extension Manila requested from Malaysian security forces, but Malaysian Home Minister Hishammuddin Hussein told journalists in Malaysia that he had been informed of Manila’s request for an extension, but he said the Malaysian foreign minister will be the one to decide the matter.

“Foreign Minister Datuk Seri Anifah Aman just called me this morning and I told him I would leave it (the extension) for Wisma Putra (the foreign ministry) to decide,” Hishamuddin was quoted as saying by Malaysia’s New Straits Times.

“If there is a request to extend the deadline, do not extend it for too long as there is a limit to it in our quest of safeguarding our own country,” he added.

At the same time, Valte said Malacañang Palace has rejected a proposal of the Moro National Liberation Front to send peacekeepers to Sabah because all parties involved had “conveyed preference to have situation resolved peacefully.”

On Friday, Malaysian Deputy Prime Minister Muhyiddin Yassin also said their government is aiming for a peaceful solution, adding that it was important to resolve the issue without bloodshed.

The group of around 200 Filipinos, some of whom are armed, arrived in Sabah on February 9 and refused to leave, claiming that they were followers of the Sultan of Sulu who owned Sabah. They were promptly surrounded by Malaysian security forces and a standoff ensued.

Malaysian security forces have adopted a cautious wait-and-see stance in the ongoing standoff, but the standoff has taken a political color in Malaysia which is expected to hold general elections not later than June 27.

At the same time, the Philippines has deployed six naval ships to Tawi-Tawi to prevent other Filipinos from crossing the sea border.

President Aquino had earlier asked the armed group to give up peacefully because their actions may lead to a confrontation, but the group rebuffed the request. - source

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Sabah issue: A transaction gone awry

IT is a case of a real-estate transaction that has gone awry. Malaysia, the supposed lessee, has been paying the same rent since 1878 for its occupation of the North Bornean state of Sabah. The supposed owner, the Sultanate of Sulu and North Borneo, which is represented by the Kiram family, its heirs, is left to receive a pittance in what appears to be a “betrayal of Islam.”

The owner wants to kick out the lessee out of Sabah to claim what it defines as its rightful piece of real-estate property, but Malaysia would not move an inch.

As Malaysia earns billions of dollars from what the heirs define as its “illegal occupation” of Sabah, the Philippines, which is supposed to represent the heirs after the Sultanate has ceded its sovereignty over Sabah in 1962, has been lukewarm to pursue its claim of sovereignty over the North Bornean state.

Malacañang’s timidity over the last five decades—as shown by the failure of the administrations of Ferdinand Marcos, Corazon Aquino, Fidel Ramos, Joseph Estrada, Gloria Macapagal-Arroyo and, now, Benigno Aquino III to raise before the appropriate forum—has been so disturbing and frustrating for the heirs and many Filipinos, who think that the Philippines is on the right track of history to pursue its claim of sovereignty over Sabah.

Meanwhile, the heirs have made it known that the issue of sovereignty over Sabah is for Manila and Kuala Lumpur to discuss and settle. All they want is to receive their rightful share of the bounty, which Malaysia enjoys since 1963, when the British government has ceded to the Malaysian Federation the sovereignty over Sabah.

In brief, the reported standoff between 100 fully armed Filipinos, who said they represent the Sultanate, and the Sabahan authorities in the remote village of Lahad Datu in Sabah could have been avoided. Had the two governments sat and tried to settle it, the heirs and their followers could have taken diplomacy as the road to settle the controversy.

But it is something that is not meant to be settled over the negotiating table. Malaysia is bent on ignoring the Sabah claim; the Philippines, to keep it dormant. The let-the-old-dog-lie attitude of Manila is tantamount to jettisoning the claim of sovereignty over Sabah, which Kuala Lumpur may perceive as virtual abandonment.

Bone of contention

THE country’s claim of sovereignty over Sabah is based on historic rights. In 1658 the then-Sultan of Brunei gave as “gifts” the territories of Sabah and Palawan to the Sultan of Sulu for the latter’s effort to quell a civil war in Borneo against the Sultanate of Brunei.

But the bone of contention is the lease agreement, which then-Sultan of Sulu Jamalul Kiram I entered into in 1878 with a British company of Gustavus Baron de Overbeck and Alfred Dent. The lease accord allows the British firm to use Sabah, but prohibits its transfer to another nation or company without the consent of the Sultanate of Sulu.

Great Britain’s transfer of Sabah to Malaysia, a former colony that gained its independence in 1963, has been described as a violation of the lease agreement. The Sultanate of Sulu and North Borneo was never consulted.

Then-President Diosdado Macapagal had lodged the official Philippine claim of sovereignty over Sabah and suggested its litigation and resolution before an international forum like the International Court of Justice. Kuala Lumpur has been ignoring the Sabah claim.

The heirs of the Sultanate of Sulu had claimed that Great Britain used to pay rent equivalent to $1,500 annually since 1878. Malaysia has continued this practice of paying the same rent since 1963, indicating Malaysia’s unstated acknowledgment of the Sultanate’s ownership—and proprietary rights—over Sabah.

Malaysia has never denied it has been paying the $1,500 annual rent, but it has described it as “cession money,” a questionable phrase because of the lease pact used the term padjak, or rent. This has sparked controversy, too.

On September 12, 1962, the Sultanate of Sulu, represented by Sultan Muhammad Esmail Kiram, had officially ceded to the Philippine government its sovereignty over Sabah, enabling Manila to lodge its claim. The cession document does not include any surrender of the heirs’ proprietary right or ownership of Sabah.

The heirs said through a spokesman that they did not in any way favor any invasion or violence to pursue the claim over Sabah, but said they were open for the renegotiation of the 1878 lease accord to enable the heirs and Manila to get what he described as a “fair share” of what Malaysia has been earning from Sabah.

Complications

THEN-PRESIDENT Ferdinand Marcos attempted to continue the Sabah claim, which his predecessor did, but then-Sen. Benigno Aquino Jr.’s disclosure of the Jabidah massacre compromised his efforts, leading to an indefinite suspension of the claim. This raised some complications over the issue, which could have been settled by the exercise of soft diplomacy, or negotiations.

In his 1969 privilege speech, Aquino revealed “Operation Jabidah,” an alleged secret 1968 plan “to infiltrate” Sabah with Filipino Muslim soldiers, who would foment chaos and disorder to hasten Manila’s takeover of Sabah. Aquino disclosed the alleged murder of Muslim soldiers, who were supposed to take part in the invasion.

The magnitude of Aquino’s revelation has forced Malaysia to adopt an elaborate national security plan that has identified the Philippines as a potential enemy and invader. Since then, Manila has hardly raised the Sabah claim. It was not exactly known what prompted Marcos to devise this alleged plot, although some latter-day historians were beginning to express doubt on its veracity.

Meanwhile, Kuala Lumpur has been successfully brandishing what it has dubbed as the “Asean [Association of Southeast Asian Nations] solidarity” card in easing Manila’s claim over timber-, minerals- and oil-rich Sabah, located about a thousand kilometers from the Malayan peninsula.

The solidarity of the 10-nation Asean should not be derailed or compromised by the Sabah claim. It is a card to which Manila has acquiesced over the decades.

Ironically, former President and now Pampanga Rep. Gloria Macapagal-Arroyo, whose father initiated the claim as a lawmaker and later as president, never raised it during her nine-year incumbency and even during her earlier stint in the Senate. The same thing happened with her predecessors, who avoided the issue like plague for no apparent reason.

The heirs were vocal enough to say that they were willing to give a huge part of the escalated rent to the national coffers.

Current Philippine President Aquino was being urged by lawmakers, including Sen. Antonio Trillanes IV and Quezon City Rep. Winston Castelo, to restate in clear and unequivocal terms the official state policy on the Philippine claim of sovereignty over Sabah. But judging from the recent historical antecedents and his actuations, this is essentially a long shot. Mr. Aquino even cavalierly described as “dormant” the Sabah claim.

In 2009 the Moro National Liberation Front (MNLF) has pledged loyalty and support to the Sultanate of Sulu and North Borneo, which, although it has become archaic as a political unit, continues to enjoy the support and respect among Filipino Muslims, especially the Tausog ethnic community in Mindanao.

The pledge of support provides the Sultanate with a military arm that could—and would—support its heirs’ claim over Sabah. The fully armed men in the recent Sabah standoff are reputedly MNLF members.

Further complications

THIS recent development does not jibe with the decision of the Aquino administration to pursue political settlement with the Moro Islamic Liberation Front (MILF), MNLF’s rival, in Kuala Lumpur. The peace talks between the two parties were held under Malaysia’s auspices, giving rise to further complications.

But Mr. Aquino is noted for taking hard decisions even to the consternation of other powerful parties. When pushed, he could navigate new grounds. But he is not likely to open a new front of conflict since the Philippines is still embroiled with China over the disputed territories in the South China Sea.

The MILF, for its part, has been saying that it did consult the Kiram family on the issue of its political settlement with the Philippine government. Since 2009, the Kirams, however, kept on opposing Kuala Lumpur’s choice as the venue of the peace talks, arguing that the Sabah claim should be considered a stumbling block to the bilateral relations of the two countries.

Magnitude of claim

GIVEN the magnitude of the heirs’ claim of proprietary right over Sabah, President Aquino has no choice but to revive the Sabah claim. But his tack should be to entice Malaysia to the negotiating table to talk about a new mode of rent, where the heirs would be properly compensated.

Malaysia has no choice but to negotiate, too, because of an emerging secessionist movement among Sabahans, who want independence for Sabah. If it refuses, it suffers the consequence of being ostracized in the community of nations. Even its allies among the Islamic nations would be unhappy if it refuses to listen to overtures of a peaceful settlement.

Mr. Aquino may also be left with no choice but to discuss and settle for a realistic rent for Sabah, of which a part should go to the heirs, who, although they live in poverty in Mindanao, have renounced violence and opted for renegotiations of the 1878 pact on Sabah lease, and a bigger part, to the Philippine government.

The new rent could be between $1 billion and $3 billion. This is very far from the token amount of $1,500 annually. Even the heirs have been open to the idea of using a big amount of the rent for Mindanao’s economic development.

Otherwise, the “symbolic occupation” of the North Bornean state or any of its variations will recur to the complete embarrassment of the Philippine and Malaysian governments. The heirs and their supporters have done it. There is no reason to believe it could not do it again—just to keep the issue alive and become a regional or global controversy. - source

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