1963 MANILA ACCCORD: KEY TO AVOID WAR OVER NORTH BORNEO

"To honour the 1963 Manila Accord, which is United Nations Treaty 8029, is key to the legal resolution of the North Borneo/Sabah impasse. Kuala Lumpur must and should accept that a United Nations treaty is not something that Malaysia should scoff at. Ask yourselves this: "What good are bona-fide/international treaties if after signing them, the signatory countries refuse to recognise them and instead, discard them like toilet paper?" Honouring the 1963 Manila Accord is the key to avoid war over North Borneo."

Picture of the signing of the Manila Accord - UN Treaty 8029 on 31 July 1963 by (from left)  President Soekarno of Indonesia, President Macapagal of the Philippines and Prime Minister Tunku Abdul Rahman of Malaya Federation (precursor to Malaysia Federation

By Anne de Bretagne
For the Sabah Claim Society
the Philippine Sabah Claim Forum
and the Defenders of the Philippine Sabah & Spratly Claims
17 June 2013 

 

ON 31st JULY 2013 IS THE 50TH ANNIVERSARY OF THE MANILA ACCORD*

THE ONLY LEGAL SOLUTION TO THE SABAH QUESTION IS TO HONOUR THE MANILA ACCORD. How? By pressuring Kuala Lumpur to negotiate with the Philippines. However, there is no way in hell that it can happen if President Aquino has put it in his head not to face the question head on or even just to raise - even with a gentle whisper - the 1963 Manila Accord with his great friend in Kuala Lumpur, the not-so-smart (but one who has outsmarted our benighted leader Noynoy at every turn), the one and only corrupt, the greedy Bumiputra Affirmative Action-BN leader, ta da da... Najib Razak, the son of the man who initiated the troubles in Mindanao and caused the Philippines to lose many of its sons and daughters in what was then called the Mindanao Secession Wars of the 70s...

In that UN Treaty - 8029 also known as the Manila Accord, signed on 31 July 1963 by President Macapagal of the Philippines, by future Malaysia Federation Prime Minister (then Malaya Federation) Tunku Abdul Rahman and by President Soekarno of Indonesia, Kuala Lumpur recogonises the validity of the Philippine claim to Sabah and accepts for the Philippine claim to be pursued. NO QUESTION ABOUT THIS!

One wonders why and how can Kuala Lumpur outwit us at every turn? Most of the 20 million Malayans (or Peninsular Malaysians as they are now popularly known) are not that smart, in fact, they are rather stupid, are terribly bone idle, but truly, one wonders how on earth they manage to outwit and outsmart 100 million Filipinos, many of whom boast of a certain degree of sophistication be it in education or in general culture!

The other solution is for Sabah to withdraw from the UK-engineered Malaysia Federation. There seems to be a trend towards this today but will all of Sabah agree? Not sure - Sabahans are just like Filipinos, they are easily conned by nice words, by good bribes and fight each other most of the time. They are rather laid back (understatement) so will take a bit of push from somewhere.

The ultimate solution, one might say, is war. But according to our benighted leader, that's out of the question and we agree with him. We not only do not have the material capability to go to war with Kuala Lumpur, it is also almost a certainty that most of our people will be anti such move. We have seen how PH reacted to the 'excursion' headed by SJKIII's brother - many of our politicians and their supporters almost peed in their pants when the Lahad Datu stand off happened... So let's say, that war is not an option.

If only we didn't have Sulu's Kiram 'intramurals' (the Kiram family bickering, the infighting, the 'faking' or the usurping of the title of sultan of Sulu by Kiram cousins, uncles, brothers, etc, etc, etc, with the help of fake or self-appointed "princes" to confuse the issue) which Malaysia is using to its great advantage, perhaps, things would be slightly different. The claim is further buried in the depth of the Sulu Sea day in, day out, by an extraordinarily weak and inept PH president, to say the least. Alas! The saying that "united we stand divided we fall' is, as always, true. 


*Now, here's Section 12 of the 1963 Manila Accord which we can not and should not poo-pooh...

Section 12 of the Manila Accord - UN TREATY 8029, signed by three heads of states before the creation of the Malaysia Federation namely, Soekarno of Indonesia, Rahman of Malaya and Macapagal of the Philippines, stipulates the following (highlight ours):

"12. The Philippines made it clear that its position on the inclusion of North Borneo in the Federation of Malaysia is subject to the final outcome of the Philippine claim to North Borneo. The Ministers took note of the Philippine claim and the right of the Philippines to continue to pursue it in accordance with international law and the principle of the pacific settlement of disputes. They agreed that the inclusion of North Borneo in the Federation of Malaysia would not prejudice either the claim or any right thereunder. Moreover, in the context of their close association, the three countries agreed to exert their best endeavours to bring the claim to a just and expeditious solution by peaceful means, such as negotiation, conciliation, arbitration, or judicial settlement as well as other peaceful means of the parties' own choice, in conformity with the Charter of the United Nations and the Bandung Declaration."

To honour the 1963 Manila Accord, which is United Nations Treaty 8029, is key to the legal  resolution of the North Borneo/Sabah impasse. Kuala Lumpur must and should accept that a United Nations treaty is not something that Malaysia should scoff at.  Ask yourselves this: What good are  bona-fide UN international treaties if, after signing them, the signatory countries refuse to recognise them and instead, discard them like toilet paper? Honouring the 1963 Manila Accord is the key  to avoid war over North Borneo. Kuala Lumpur must abide by the treaty.


~~~~O~~~~


Related blog post: Signing of the Manila Accord of 1963

Other links: 

• Post colonial history: British North Borneo/Sabah and the 1963 Manila Accord
• UN Treaties 

Sulu Sultanate wants to negotiate with Malaysia peacefully over Sabah claim

Sulu Sultanate wants to negotiate with Malaysia peacefully over Sabah claim

January 3, 2014

AFTER its Royal Forces occupied a portion of the disputed Sabah that resulted to a standoff, the Sultanate of Sulu and North Borneo on Friday expressed willingness to negotiate with the Malaysian government.

Newly installed Sultan Esmail Kiram 2nd has approved the recommendation of the Advisory Council of the Sultanate to push for a peaceful and civilized resolution of the Sabah claim.

“Today, I have approved the recommendation of the Council to resolve the Sabah issue in a civilized and peaceful manner, which recommendation is also sanctioned by the Ulama Council of Mindanao,” Kiram said in a press briefing.

As an initial step, he directed the chairman of the council to form and create a negotiating panel preparatory to the formal negotiation of the territorial dispute between the Sultanate of Sulu and the Federation of Malaysia.

The membership of the panel will be announced by the Sultanate on the next few days.

When asked if a government official will be part of the negotiating panel, the Sultanate said it is no longer necessary since they are claiming a private property and not duly owned by the government.

Kiram also ordered the legal panel of the Sultanate and its international legal experts to prepare the legal groundwork and conduct inventory of legal and historical documents to prove its legal and historical rights over Sabah.

He likewise urged the Philippine government to support the case of the Sultanate to be filed before the International Court of Justice and other international tribunals cognizant of the case.

Kiram said the move is only part of the Sultanate’s “New Year’s resolution to repossess Sabah through peaceful means.”

Sultanate Secretary General Abraham Idjirani said “the entire supporters of the sultanate support the sultan’s desire to reposess Sabah.

He likewise expressed hope that the President Benigno Aquino 3rd will support the sultanate as the “issue involves the interests of the Philippines, the sultanate, and Malaysia.”

More than 200 Royal Security Force (RSF) members headed by Rajah Muda Agbimuddin Kiram, younger brother of the reigning sultan, occupied a portion of Kampung Tanduo, Lahad Datu in Sabah on February 9 last year.

When they were discovered by Sabah authorities, they were asked to withdraw and return to Tawi-Tawi, Mindanao, but they resisted that resulted to a standoff.

A shooting war erupted on March 1, 2013 that led to the launching of an all-out war by the Malaysian Security Forces against the Sultanate’s forces.

The Malaysian government had filed rebellion and terrorism charges against those captured, one of them the son of Sultan, who has denied participation in the standoff.

http://manilatimes.net/sulu-sultanate-wants-to-negotiate-with-malaysia-peacefully-over-sabah-claim/64822/

TODAY, 12 September 2013 is the 51st anniversary of Sabah's formation as Philippine sovereign territory

This summary is not available. Please click here to view the post.

Armed conflicts in Mindanao: Influenced by Malaysia to keep Sabah

All the events involving armed conflicts in Mindanao from 1968, 1969 and specifically in the early 70s until today between the Govt forces and Muslim rebel groups were triggered by the one standing unresolved issue between the Republic of the Philippines and Peninsular Malaysia: Sovereignty rights over Sabah or the Manila Accord. These 'events' have been "influenced" by Malaysia. 

- Malaysia commenced "influencing events" in Southern Mindanao immediately after the discovery of a plan by the Republic to take control of Sabah in 1968

- Malaysia's Tunku Abdul Razak (father of current Malaysia Prime Minister Najib) was the first PM to pour money into Muslim secessionist rebels who at the time were led by Nur Misuari (first chair of MNLF) and seconded by Hashim Salamat (founder of MILF)

- Malaysia's PM Mahathir as soon as he took over continued the exercise and improved Tunku Abdul Razak's modus operandi by modernising the Malaysian armed forces. He then poured resources after resources into and "enlarged" Muslim secessionist training camps in Sabah. Mahathir devoted a great deal of effort in the Islamisation of Sabah by allowing the influx of Muslims from all over the region and granting them Malaysia citizenship in exchange for their votes so that Barisan Nasional (his party) would remain in power. He was responsible for the nationalisation of the oil resources of Sabah and created PETRONAS that would control the industry.

- When FVR's Govt, finally concluded a peace deal with the MNLF in 1996 with the backing of the OIC, Malaysia realised that their attempts to sow trouble in Southern Mindanao through the MNLF of which they were patrons might be endangered. The MILF shunned the 1996 Peace Agreement. Mahathir trained his efforts on the break-away faction headed by Hashim Salamat aka MILF and funded and supported the rebel group.

- In 1998, President Estrada who had just been elected to the presidency, who was despised by Mahathir, decided to launch an offensive against the MILF after intel revealed that the MILF, fully armed with weapons from Malaysia (including missile systems that Mahathir had ordered earlier on) was gearing up for a full scale offensive against government military bases in the South. The AFP won.

- In 1999, the Sipadan hostage crisis took place. Sipadan is a Malaysian resort island. The hostage crisis began the long descent to hell of Estrada.

- In 2004, Gloria Macapagal accepted MILF's demand that Malaysia be the head of the monitoring team to supervise a Framework Agreement. Malaysian troops began to arrive in Southern Mindanao.

- Shortly thereafter, Senator Nene Pimentel questioned the wisdom of calling on Malaysia to oversee the proposed "peace talks" with the MILF invoking the fact that PH has a standing unresolved issue over Sabah

- In 2012, President Aquino handed over to Najib the signed "Talking points" for shared sovereignty between GPH and MILF

- In 2013, Sultanate of Sulu launched siege in Tanduo, Sabah in a bid to re-take Sabah; many Tausugs died; in September, MNLF decided to rally against the planned signing of the Malaysia-inspired wealth sharing agreement between GPH and MILF which is scheduled on 16 September, on the 50th anniversary of the illegal annexation of Sabah to the created Malaysia Federation.

The bottom line is that Malaysia has always put one over GPH in their bid to ensure that PH will never be able to turn around to re-claim Sabah.

SEPTEMBER 16, 2013: THE BEGINNING OF THE DISMANTLING OF THE REPUBLIC? SEPT 16, 1963: DATE INCORPORATING SABAH INTO MALAYSIA FEDERATION

THE BEGINNING OF THE DISMANTLING OF THE REPUBLIC?

SEPT 16, 2013: Date of  the schedule of the signing of the Malaysia-engineered GPH-MILF 'wealth sharing' agreement to be witnessed by officials from Kuala Lumpur and a general from the Malaysia armed forces.

SEPT 16, 1963: Date of the illegal transfer of Sabah to then Malaya Federation, also the date of the establishment of the Malaysia Federation formally incorporating Sabah which took place a few weeks after the signing of the Manila Accord, a treaty between the to-be-created-Malaysia Federation and the Philippines that guaranteed the recognition of the Republic's claim to Sabah which is recorded in the United Nations.

The signing of the 75-25% wealth sharing agreement engineered by Malaysia between GPH (25%) and rebel group MILF (75%) -- to the exclusion of the MNLF, the BIFF, the Tausugs, the Sultanate of Sulu, and all other groups in Southern Mindanao, is scheduled on September 16, 2013.

Choosing the September 16, 2013 date to formally surrender a great portion of the wealth of -- and the Republic's effective sovereignty over Southern Mindanao to Malaysia-controlled MILF, a splinter rebel group in Mindanao whose long-running ambition has been to federate with Kuala Lumpur, is totally indecent to say the least.

We suspect that the date was selected at the behest of the Malaysian friends of President Aquino, to whom his family owes a debt of gratitude, in order to drive the final nail in the coffin of the Republic's claim. We all know, Malaysia is the country that funded, supplied arms, and positioned rebel groups in Mindanao to sow mayhem in the country's southern region.  In fact, Malaysian troops are stationed in Mindanao as we speak.

We are in no doubt that the September 16, 2013 signing of this Malaysia-engineered deal is one of the reasons that spurred the MNLF into a revolt resulting in the current stand off in Zamboanga City. President Aquino ordered the chiefs of DND and DILG to check into the stand off.  The date will formally put to everlasting rest the 1996 Treaty that the Government of the Philippines signed with the MNLF, a comprehensive peace treaty which, if you remember, was shunned by the Malaysia-controlled MILF at the time, and whose treaty terms have been waylaid by succeeding PH administrations in favour of the pro-Malaysia deal with the MILF.

Meanwhile, as the stand-off progresses and MNLF's Nur Misuari (who wants the 1996 peace treaty terms with GPH to be reviewed) is villified in the press and by those who have not clearly understood the dynamics at play, the President is busy entertaining in Malacanang (in picture above), along with his cousin and supporter Tony Boy Cojuangco, none other than Air Asia Chief Executive Officer, Tony Fernandez, a Malaysian. Air Asia is a Malaysia low-cost airline headquartered in Kuala Lumpur. For your information, Mr Fernandez of Air Asia is the staunchest supporter in the Malaysia corporate world of Kuala Lumpur troop movements against Tausug settlers in Lahad Datu in Sabah during the first quarter of this year. But what exactly is going on?

We are tempted to believe that the Government of Noynoy Aquino has all the reasons to put one up over Misuari and the MNLF because for as long as Misuari is alive, he will spell trouble to Malaysia's envisioned control of the rich Southern Mindanao region through its proxy, the MILF, and Nur Misuari will always be a destabilising force in Kuala Lumpur's illegal hold on Sabah.

The September 16, 2013 signing of the Malaysia-engineered 'peace deal' sounds not only like an omen: it is also a hard-hitting back-to-back slap to the Tausugs, to the Sultanate of Sulu, the MNLF along with the various factions that had been sidelined by GPH and Malaysia in the so-called MILF Bangsamoro peace deal. It is effectively the officious burial date of the UN Treaty 8029 otherwise known as the Manila Accord.

But what is worse, it is the supreme insult to and the final stab at the scores of people who were murdered by Malaysian troops in Lahad Datu while defending their right to Sabah.

Is it possible that on September 16 in the not too distant future, we will also be witnessing the signing of the formal transfer of the MILF's Bangsamoro as inspired by Kuala Lumpur to the Malaysia Federation?

BUT WHAT IS PRESIDENT AQUINO's GOVERNMENT THINKING?

~By Administrators
Philippine Sabah Claim Forum
Defenders of the Philippine Sabah & Spratly Claims
Sabah Claim Society
10 September 2013

*Picture of a dead Tausug warrior killed by Kuala Lumpur troops in Sabah from Malaysia Today

Inaction over Sabah crisis, Malaysia "incursion" in Mindanao and the 1963 Manila Accord: The President may be guilty of working against the interests of the Republic in the service of a foreign government

Tomorrow (or today depending on which side of the globe you are seated), 31 July is the 50th Anniversary of the signing of the Manila Accord... 

In an article by Vidal Yudin Weil for the Free Malaysia Today dated March 9, 2013, the writer called Najib to task after Najib's following pronouncement in Lahad Datu:

“The question of Sabah within Malaysia should not be disputed by anyone. Let not anyone underestimate Malaysia’s commitment to have Sabah within Malaysia forever. No one can dispute this, from within and outside the country. We will uphold the principle and fact of Sabah within Malaysia absolutely”. 

Writer Vidal insisted that Najib was wrong: "Najib is wrong in making unilateral claims that Sabah belongs to Malaysia when historical legal documents and agreements may indicate otherwise."

To prove his point, he enumerated the salient points in that Manila Accord: 

(i) the inclusion of Sabah into the formation of Malaysia is subject to the Philippines claim; 
(ii) and the Philippines’ claim on Sabah must be settled in the International Court of Justice (ICJ) run by the United Nations.

With implaccable logic, he said: "Therefore, until such time when the ICJ has decided, Malaysia does not have absolute ownership of Sabah."

Fifty years hence and PH is still in no man's land about where its loyalty and interests lay... Fifty years hence and PH still has not fulfilled its contractual obligations part of which is to prosecute the Sabah claim which by PH law, by virtue of Republic Act 5446, is Philippine territory. 

We were hoping that following the Tanduo siege and the in the aftermath of the Lahad Datu massacre of Filipinos who went to Sabah to finally stake their claim in February this year (because of the Republic's failure to honour its legal and moral obligations vis-à-vis the Republic and the Sultanate of Sulu), President Aquino now understands that he cannot give away Sabah without violating the law. 

But the sad part is that while President Aquino just may have realised that his hands are constitutionally tied and that he cannot do as he pleases overtly or publicly, i.e., give up the claim or give Sabah to Malaysia officially, it seems he has resorted to subterfuge when he both implicitly and explicitly sided with Malaysia on virtually everything during the critical Tanduo-Lahad Datu events that saw many of our countrymen arrested, abused, killed, and deported! It's as if he had sworn his personal loyalty to Malaysia for some personal debt which to us is not this nation's debt! 


By choosing to side with Najib and Malaysia rather than with the Sultanate of Sulu, the president is definitely guilty of violating the Republic's contractual obligation vis-à-vis the Sultanate of Sulu which was to prosecute the Sabah claim. 

The President must realise that his refusal or inaction to push for the recognition of the 1963 Manila Accord during this critical period after Malaysia killed many Tausugs, jailed and deported Suluks and when KL judiciary is about to sentence to the death penalty many of our countrymen, is tantamount to giving Najib and the Kuala Lumpur government the right 'to rape' Filipinos and to go ahead and plunder the Philippines by way of Sabah. 

I am sorry to say but no matter how we turn this Sabah issue around today, we see it no other way: The President may be guilty of working against the interests of the Republic in the service of a foreign government. 


~~ AdB
For the Philippine Sabah Claim Forum
and for the Defenders of the Philippine Sabah & Spratly Claims
30 July 2013


Related blog posts: 

• Najib bombastic, Aquino frightened but both are guilty of not honouring 1963 Manila Accord
• Sabah dispute, the Philippine claim and the International Court of Justice
• On Malaysia-engineered GPH-MILF "peace talks": NoyNoy Aquino's personal debt of gratitude to Malaysia is not the nation's debt
• Sabah's sovereignty 1946-1963: Although compromised by British colonisation, Sabah legally belonged to the Sultanate of Sulu
• ONLY LEGAL SOLUTION TO SABAH QUESTION IS TO HONOUR UN TREATY - 1963 MANILA ACCORD
• Beyond comprehension: PH Government's un-involved observer stance on Filipino actions to revive Sabah claim
• On Manila Accord of 1963: Malaysia prefers to lose 'national honour' than to lose Sabah
• Malaysian writer's Sabah conflict solution: Revisit the Manila Accord
• Lahad Datu Massacre, Sulu Sultanate Rights and the Manila Accord 1963
• United Nations Treaties No. 8029: Manila Accord 1963

Can a 'President' Bong Bong Marcos in 2016 take Sabah back? His friends and supporters think so

The success of the next president with regard to Sabah will be hinging on President Aquiino's actions on Sabah today. Either he is a patriot or not. If he is not a patriot, then the next president will need all the luck he can have to take Sabah back...

Supporters of Marcos for president in 2016 believe that unlike Philippines' President Aquino today who has been seen as weakling (using a polite term) and a puppet of Malaysia's Prime Minister Najib, Bong-Bong Marcos (Ferdinand Marcos Jr) will have the courage to press on and re-take Sabah.

From Anne de B, one of the founders of the Sabah Clain Society and the Philippine Sabah Claim Forum, on whether Bong Bong Marcos, if he is elected president, could take back Sabah:

A Bong-Bong Marcos presidency does not guarantee the return of Sabah. No future president can achieve that unless current dispensation paves the way. In order to ensure the likelihood of getting Kuala Lumpur to negotiate with us firmly (during BBM's tenure if he becomes president) the current dispensation must do everything within the next three years to pressure Kuala Lumpur to accept to honour the Manila Accord at the very least.

Realistically, I believe that what a "President" BB Marcos can do come 2016 in the direction of Sabah hinges on what President Aquino does today which means that the current dispensation should show that it behaves, decides and acts in favour of the claim. President Aquino should be behaving today from the standpoint that Sabah is ours by right, historically and legally, eg., [examples of how the current Malacanang tenant shoud behave, decide and act, etc...]

(i) by defending the Tausugs and Suluks in Sabah from human rights violations,
(ii) by removing KL as the panel chair of the so-called GPH-MILF peace talks because you cannot have a fellow with whom you have an outstanding dispute to chair a talk that that fellow himself had engineered - complete stupidity, so anybody but KL or peninsular Malaysia,
(iii) by sending away those Malaysian so-called "peacekeepers" in Mindanao, again, anybody else but not from the country with whom we have an outstanding dispute and not from the country that continues to massacre our people in Sabah,
(iv) by not playing mouthpiece to Najib, certainly not the president of the Republic.

Unless President Aquino does these things within the last three years of his mandate - but which he is not doing at the moment,  the Sabah issue will not be easy for the next president to tackle. 

It is also a matter of military power. If the supporters of Mr Marcos think that he might resort to war - if he is president - in order to get Sabah back, we are not sure that Mr. Marcos, even if he is elected in three years will be able to mount the same action as his father once did. We are almost certain that he will not do it that way. All eyes will be trained at him if he becomes the president and it will not be easy to replicate an Operation Merdeka.

Besides, there is no guarantee that the current PH leadership will be able to organise the country's armed forces to a level that will be on par with that of Malaysia which the next president will need to realistically get Sabah back.

If the country's armed forces are not at that level, there is virtually no possibility that we can take back Sabah by force. You see, it is almost next to impossible for the country to possess the military arsenal required to achieve that sort of operation if the country does not go on a buying spree beginning today and spend at the very least a few hundreds of billions of dollars. 

And even then, there is time constraint to factor in. Even if you order within the next three years, you are not guaranteed that you will have delivery of ships, submarines, attack helicopters, radars, missile systems, etc.,in  two or three and not even 4, 5 years after the order is placed in time for Mr Marcos to launch his "war" to take Sabah back (if that's what his supporters believe he will do if he becomes president.)

But having outlined the downside, we do not suggest that the current leadership give up on Sabah claim. President Aquino must prepare the way for the next president to achieve what he cannot achieve today. It is the least he can do. And obviously, he cannot do that if he accepts to be the little 'toy boy' of Najib.

~~ Admins, Philippine Sabah Claim Forum
30 June 2013

We are asking President Aquino to be a patriot in the truest sense of the term: To 'love' his own (people) first and the Peninsular Malaysians only a distant second

We would like to clarify the belief that Sabah claim has been submitted to the International Court of Justice for Arbitration: The Sabah dispute has not been brought to the ICJ for arbitration because up until now, Malaysia has refused to honor the Manila Accord which is all about solving this thorny issue. The Manila Accord is a UN treaty (8029) signed by the chief executives of three nations in 1963, namely Republic of Indonesia, Malaya Federation and the Republic of the Philippines.

The ICJ will not entertain Philippine case if Malaysia does not accept ICJ jurisdiction over the case. Both countries must agree to do it.

It is incumbent upon the Philippine president to demand Najib Razak of the Malaysia Federation to honor the Manila Accord in order to try to solve the impasse. If the Philippine president refuses to do it, he will not be serving the interest of his country and his people but will be seen as one who is serving the interest of Kuala Lumpur.

President Aquino has a responsibility as president to do what is right to preserve the integrity of the Philippine Republic and a moral and legal obligation to fight for the rights of his people.

We agree that the job of being president of the country is not easy but we are convinced that President Aquino was aware of the difficulties and the problems that would face him before he ran for president. And we are also convinced that he was aware of the Sabah dispute before he "applied" for the job.

To try to bring the Sabah issue to the ICJ, will be an "easier road" to take than the road of an armed conflict which might happen again if the President decides to keep the Sabah claim issue in the back burner.

We are asking President Aquino to be a patriot in the truest sense of the term: To 'love' his own (people) first and the Peninsular Malaysians only a distant second.

~~ Admins, Philippine Sabah Claim Forum
27 June 2013

Sabah's sovereignty 1946 - 1963: Compromised by the British colonisation but belonged legally to Sultanate of Sulu

UNDERSTANDING THE SABAH PROBLEM 

One factor that is essential in the comprehension of the Sabah problem is to understand that Sabah was only officially colonised by the British Crown only in 1946 which means that UNTIL THEN, North Borneo (Sabah) WAS PART of the Sultanate of Sulu although leased. 

Despite Britain's official colonisation of Sabah from 1946 until 1963, it is my opinion that Sabah's sovereignty, although compromised by the British colonisation, still legally belonged to the Sultanate of Sulu. However, we all know that the Sultanate of Sulu ceded full sovereignty of Sabah to the Philippine Republic on 12 Septemeber 1962 while it was still a colony of Britain.

On 31 July 1963, prior to the creation of the Malaysia Federation, the Manila Accord was signed by three heads of state namely, Macapagal of the Ph ilippines, Soekarno of Indonesia and Rahman of the Malaya Federation (which was not yet Malaysia Federation). Registered as United Nations Treaty 8029, Section 12 of the Manila Accord stipulated that Prime Minister Tunku Abdul Rahman, on behalf of the Malaya Federation, agreed that the Philippine Sabah claim would not be extinguished by the then to-be-created Malaysia Federation (which was to be created later on 16th September 1963.)
 
On 31 August 1963, Britain granted Sabah, which had been under British Crown control since 1946 (and whose sovereignty rights had been ceded the year before to the Republic of the Phlippines), its independence.

On 16 September 1963 or sixteen days after Britain granted Sabah its independence, and despite PH protests, it was annexed to a new federation in the making called MALAYSIA instead of returning it either to the Sultanate of Sulu or to the Republic of the Philippines which had already inherited sovereignty rights over Sabah from the Sultanate by virtue of the transfer on 12 September 1962.
 
On 18 September 1968, while Malaysia had taken de facto control of Sabah, the Republic of the Philippines enacted an act - AN ACT TO AMEND SECTION ONE OF REPUBLIC ACT NUMBERED THIRTY HUNDRED AND FORTY-SIX, ENTITLED “AN ACT TO DEFINE THE BASELINES OF THE TERRITORIAL SEA OF THE PHILIPPINES” - to ammend our baselines and known today as Republic Act 5446 which acknowledges title and dominion over Sabah, thus by PH law, Sabah is Philippine territory. RA 5446 is still in vigour. 

As Law Professor Isagani Cruz says:

"President Noynoy faces an insoluble dilemma. If he believes that Sabah is part of the Philippines, he has to defend Sabah because Malaysia is attacking it. If he does not believe that Sabah is part of the Philippines, he opens himself up to impeachment, because Philippine law says that Sabah is part of the Philippines and he is sworn to uphold Philippine law. Talking of a conspiracy does not solve the problem; in fact, it is irrelevant if there is or there is no conspiracy. The dilemma has to do simply with his stand on Sabah itself."

To my mind, the Sultanate of Sulu, and by extension the royal heirs, is irrelevant in the PH claim because Sabah is already PH territory by PH law. The Philippine Republic, however, has contractual obligations which it signed when it accepted from the Sultanate of Sulu the full transfer of sovereignty rights in 1962 and one of these contractual obligations is to prosecute the claim and in so doing, help the Sultante of Sulu's proprietary rights to be recognised. So we cannot actually take it against the Sultanate for feeling doubly rebuffed. It is the Philippine Republic's contractual obligation to do it and the Government has been remiss in its obligations.

NB: The relevant point in the Sabah question is THE NINE SULTANATE HEIRS and not whoever the sultan is. The Philippine Government must not use the Kirams' intra-family bickering as an excuse NOT to perform the Republic's contractual obligation.

Nota Bene: OTHER VERY IMPORTANT NOTE THAT EVERYONE MUST KNOW: 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 (Restrictive clause): 

"...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." 

Related story in this blog link: Nemo nos impune lacessit (No one hits us with impunity)
Link to Republic Act 5446 /

~~ By Anne de Bretagne
For the Defenders of the Philippine Sabah Claim
05 March 2013

Honouring the UN Treaty, 1963 Manila Accord, is the only way forward to solve the Sabah question

ON 31st JULY 2013 IS THE 50TH ANNIVERSARY OF THE MANILA ACCORD*

THE ONLY LEGAL SOLUTION TO THE SABAH QUESTION IS TO HONOUR THE MANILA ACCORD. How? By pressuring Kuala Lumpur to negotiate with the Philippines. However, there is no way in hell that it can happen if President Aquino has put it in his head not to face the question head on or even just to raise - with a gentle whisper - the Manila Accord with his great friend in Kuala Lumpur, the not-so-smart (but one who has outsmarted our benighted leader Noynoy at every turn), the one and only corrupt, the greedy Bumiputra Affirmative Action-BN leader, ta da da... Najib Razak, the son of the man who initiated the troubles in Mindanao and caused the Philippines to lose many of its sons and daughters in what was then called the Mindanao Secession Wars...

Most of the 20 million Malayans are not that smart, in fact, they are rather stupid, are terribly bone idle, but one wonders how on earth they manage to outwit and outsmart 100 million Filipinos, many of whom boast of a certain degree of sophistication be it in education or in general culture!

The other solution is for Sabah to withdraw from the UK-engineered Malaysia Federation. There seems to be a trend towards that today but will all of Sabah agree? Not sure - Sabahans are just like Filipinos, they are easily conned by nice words, by good bribes and fight each other most of the time. They are rather laid back (understatement) so will take a bit of push from somewhere.

The ultimate solution, one might say, is war. But according to our benighted leader, that's out of the question and we agree with him. We not only do not have the material capability to go to war with Kuala Lumpur, it is also almost a certainty that most of our people will be anti such move. We have seen how PH reacted to the 'excursion' headed by SJKIII's brother - many of our politicians and their supporters almost peed in their pants when the Lahad Datu stand off happened... So let's say, that war is not an option.

If only we didn't have the Kiram 'intramurals' (the bickering, the infighting, the 'faking' - usurping of sultan title, etc, etc.,) perhaps, things would be slightly different. The saying that "united we stand divided we fall' is, as always, true.

NB: *Section 12 of the Manila Accord - UN TREATY 8029, signed by three heads of states before the creation of the Malaysia Federation namely, Suharto of Indonesia, Rahman of Malaya and Macapagal of the Philippines, stipulates the following:

12. The Philippines made it clear that its position on the inclusion of North Borneo in the Federation of Malaysia is subject to the final outcome of the Philippine claim to North Borneo. The Ministers took note of the Philippine claim and the right of the Philippines to continue to pursue it in accordance with international law and the principle of the pacific settlement of disputes. They agreed that the inclusion of North Borneo in the Federation of Malaysia would not prejudice either the claim or any right thereunder. Moreover, in the context of their close association, the three countries agreed to exert their best endeavours to bring the claim to a just and expeditious solution by peaceful means, such as negotiation, conciliation, arbitration, or judicial settlement as well as other peaceful means of the parties' own choice, in conformity with the Charter of the United Nations and the Bandung Declaration.

Related blog post: Signing of the Manila Accord of 1963

Other links:

• Post colonial history: British North Borneo/Sabah and the 1963 Manila Accord
• UN Treaties