Peninsular Malaysia is illegally holding Sabah

By Anne de Bretagne 

Philippine Sabah Claim Forum

29 May 2012

I have always held the view that Peninsular Malaysia's continuing annexation of Sabah is constitutionally wrong even by 1963 Malaysia Federation constitution standard. 

For starters, Malaysia's treatment of its historical facts has always been, to my mind, filled with a lot of half-truths. Malaysians continue to deceive their own people by teaching their children that Malaysia (not Malaya) gained independence from the British in 1957 which is an utter lie.

Malaysia was born on 16 September 1963. So how could a nation which was not even born gain independence? How could Malaysia say that they gained their independence from the British when the British had technically not ruled the Peninsula since 1957? Lies have always been the basis of existence of Peninsular Malaysia.

First off, Sabah which was a separate entity that was under direct British colonial control received independence from their British colonialists on 31st August 1963 and for FIFTEEN DAYS was technically truly INDEPENDENT. However on 16 September 1963, it was annexed to a new political entity whose new constitution was not even formally framed yet: the new MALAYSIA Federation.

Second, the referendum was a sham! During the fifteen days when Sabah was supposed to be technically independent of their British colonizers, we were, and are still being made to believe that the idea of a 1963 referendum to determine if Sabahans agree for their infant nation to join a new Malaysia Federation that was in the making was presented to the people of Sabah, that debates on the referendum were organised, that colloques were held, that political discussions across massive Sabah and among Sabahans took place, that voting was held, that counting was done, and that finally, that it was determined that Sabahans indeed decided, etc., and that all of these activities that would decide the fate of an infant so-called independent nation took place in a matter of fifteen days!!!! Bollocks!

We all know that Tunku Abdul Rahman, the Malayan who was leading the Malayans at the time distributed a few leaflets about the referendum, talked to a few Sabahan leaders, promised them a lot of good things and then instructed them to do things to ensure that the referendum would be for an "Aye!" vote.

"The response from Sabah and Sarawak was not on par with that from Singapore and the initial response from Brunei, since both territories feared losing authority in the administration of their governments. Apart from this, the non-Malays feared that the Malays in Sabah and Sarawak would be even more dominant should the merger take place. To allay their fears, Tunku Abdul Rahman went to these territories in June 1961 and set up the Malaysia Solidarity Consultative Committee (MSCC) to inform the people of the benefits of the merger." (Federation of Malaysia pdf document)"

The group that was was tasked with overseeing that the people of Sabah supported the proposal for Sabah to become a federated member of the new Malaysia Federation was the Cobbold Commission which was also "responsible for the subsequent drafting of the Constitution of Malaysia prior to the formation of Malaysia on 16 September 1963."

Members of the Commission were:

• Lord Cobbold, former Governor of the Bank of England, chairman of the Commission
• Wong Pow Nee, Chief Minister of Penang,
• Mohammed Ghazali Shafie, Permanent Secretary to the Ministry of Foreign Affairs
• Anthony Abell, former Governor of Sarawak
• David Watherston, former Chief Secretary of Malaya.

Notice anything? NO SABAHAN member of the Commission!!!

What is surprising is that the Cobbold Commission report did not specifically address the concerns of the people but instead reported on generalities that tended to address the Malaya desiderata! Many Sabahans later on insisted that they had not even been allowed to vote. It is believed that many Sabahans, given the prevailing conditions for travelling at the time, hence communication lines were hardly available, were not even aware that a referendum to decide on their fate was being organised.

Here's a Wiki entry on the Commission's report http://en.wikipedia.org/wiki/North_Borneo_dispute : 

The Commission found that 'About one third of the population of each territory [i.e. of North Borneo and of Sarawak] strongly favours early realisation of Malaysia without too much concern over terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards... The remaining third is divided between those who insist upon independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come' [12].

Thirdly, it's all about the new federation's Constitution, stupid! Alright... so let's say the Sabah referendum took place and let's further say that the results favoured joining a new political entity called the new Malaysia Federation. Let's accept that Sabah finally joined the new entity and that by virtue of Sabah's joining old Malaya, along with Sarawak and Singapore, the new Malaysia Federation was born on 16 September 1963 (instead of 31 August 1963 because Indonesia was protesting the inclusion of Sarawak.)

The problem with the new federation is that it was being created on the basis of the Constitution of the OLD Federation of Malaya States (federation of Malaya sultanates) which was still in vigour. This is so because technically, a Constitution for the New Malaysia Federation was not yet finished although mind you it was being rushed by the Cobbold Commission. So there was a hiccup. But never mind, let's accept that they rushed the inking of the new Constitution (as opposed to the old 1957 Malaya federation constitution involving only the Malaya states/sultanates http://en.wikipedia.org/wiki/Constitution_of_Malaysia); it was finally drafted and contained a clear provision that named all the new members namely, old [federation of] Malaya states, Sarawak, Singapore and Sabah.

The Birth of Malaysia: On 9 July 1963, the Governments of the Federation of Malaya, United Kingdom, North Borneo, Sarawak and Singapore signed the Malaysia Agreement 175 whereby Singapore, Sarawak and North Borneo would federate with the existing States of the Federation of Malaya and the new federation so established would be calledMalaysia. The Federal Parliament then passed the Malaysia Act176 to amend Art. 1(1) and (2) of the Federal Constitution to provide, inter alia, for the admission of the three new States and for the renaming of the Federation as Malaysia. The Act received the Royal assent on 26 August and was to come into force on 16 September1963

The proviso in the new Malaysia Constitution left no room for doubt that the new Federation of Malaysia held on the basis of the union of FOUR independent states namely MALAYA (old Malaya Union or old federation of Malaya states/sultanates), SARAWAK, SINGAPORE, and SABAH.

But Singapore's chief minister Lee Kuan Yew was not happy with the status quo. He opposed the federal policies of affirmative action, which granted special privileges to Malays guaranteed under Article 153 of the Constitution of Malaysia (see http://en.wikipedia.org/wiki/History_of_the_Republic_of_Singapore). On 9th August 1965, after racial riots, Malaysian Prime Minister Tunku Abdul Rahman expelled Singapore from the new Malaysia federation.

Therefore when Singapore exited on 9th August 1965 from the newly formed "Malaysia Federation" whose newly framed Constitution specified that the Federation held based on the provision that the new Malaysia Federation held if all 4 states were together, Singapore's act rendered the existence of the new federation null and void.

In this context, it is only common sense that the continuing annexation of Sabah to a federation that does not constitutionally hold even by the new Malaysia Federation standard cannot be legal. In essence, the continuing annexation of Sabah by today's Peninsular Malaysia is not only illegal, it is also morally wrong.

So why is Malaysia continuing to illegally annex Sabah? If Malaysia wants to legalise their hold on Sabah, it is only fair that a new referendum to ask the people of Sabah must be held. But Malaysia cannot continue to use underhanded tactics, and make the world think that their fantasmagorical historical fantasies are real!

RECOMMENDED READING:

An Essay on the Constitutional History of Malaysia [1995] 3CLJ xiv (July)

A new federation in the making

American support for the new Malaysia

Fifteen Days of Independence

BEWARE OF CON ARTISTS AND OF OFFERS OF ARISTOCRATIC TITLES OR AMBASSADORIAL HONOURS ON FACEBOOK!

FOR INFORMATION: AN ATTEMPT TO DECEIVE A GABON BISHOP BY A SO-CALLED PRINCE OF THE SULTANATE OF SULU (pictured below) WAS BROUGHT TO OUR ATTENTION. PERSON ASKED US FOR HELP.

Note: BEWARE, The man in picture has been introducing himself on Facebook as prince marshal of the Tausugs and as a member of the royal Kiram family of the Sultanate of Sulu and Sabah. Nothing could be farther from the truth. He is an impostor and has been manipulating people on Facebook by conferring value-less European nobility sounding titles and honours on behalf of the Tausug people to anyone he meets on Facebook in a bid to use people to support a big con job-sting in the making.

HOW IT STARTED: SOMEONE WHO INTRODUCED HIMSELF AS A BISHOP OF THE ANGLICAN FAITH FROM AFRICA WROTE TO US AND HAPPILY INTRODUCED HIMSELF AS THE SULTANATE OF SULU "CULTURAL AMBASSADOR TO GABON" APPOINTED BY SOMEONE PURPORTING TO BE A PRINCE REPRESENTING THESULTANATE OF SULU AND THE TAUSUG PEOPLE. 

We think that the Bishop was in fact trying to touch base with people on Facebook who might have knowledge of the Sultanate as he knew very little of the Sabah and the Sultanate of Sulu -- and accidentally saw our postings on Facebook. From what we understood, he was as surprised (as we were) that he was made "ambassador to Gabon" by someone on Facebook without so much as knowing who he was.

We had a few exchanges and tried to tell him that we believed he had been "conned." We made it a point not to be aggressive nor scathing about the fake personas who had recruited the said Anglican bishop in our exchanges with him and remained courteously straightforward.

Some of the exchanges we had with the Anglican bishop:

Bishop: "C'est un réel plaisire pour moi de recevoir ces informations.mais,qu'est ce que vous me conseille face à t elle crise?Au plaisire de vous relire." (It is a real pleasure to receive this information. But what do you suggest I do in the face of this crisis? Looking forward to reading you again.)

We sent him a reply saying that because he has asked us for our advice, we felt that the best course of action is not to allow himself, a servant of God, to be used in further fooling people on Facebook, for which he thanked us saying that he had had a foreboding that he was indeed being manipulated.

We have replied to him this instant and told him:

"De rien Monsignor. Nous sommes heureux d'être utile. Si nous pouvons vous être d'une aide quelconque, n'hésitez pas à nous en faire part. Bonne journée." (You're welcome Monsignor. We are happy to be of help. If we can be of further help, please don't hesitate to ask. Good day."

BEWARE OF PEOPLE REPRESENTING THEMSELVES AS SULTAN, PRINCE OR ROYAL MEMBERS OF THE SULTANATE OF SULU CROWN AND OFFERING YOU "EUROPEAN ROYAL OR NOBILITY SOUNDING TITLES" OR POSITIONS OF AUTHORITY IN THEIR FAKE ORGANISATION ON FACEBOOK. THEY WILL BE FAKE AND ARE ABSOLUTELY OF NO LEGAL OR MORAL VALUE.

DON'T ALLOW YOURSELVES TO BE MANIPULATED AND USED TO CON OR FOOL PEOPLE ON FACEBOOK BY SUCH INDIVIDUALS.

Philippine Navy might opt for subs too; Malaysia, here we come!

By Anne de Bretagne

Philippine Sabah Claim Forum

NEWS HAVE IT THAT the Philippines is considering including submarines in its naval acquisition plans. 

Well and good! But just to give an idea of the time frame required to possess a [second hand]  sub: Malaysia began FORMALLY negotiating  for the acquisition of 2 submarines from Armaris of France and Navantia of Spain in 1998 (although informal negotiations had been going on two years beforehand) and signed the 1.084 billion euro deal in June 2002.

[By the way, the deal provoked controversy when people who were involved in the deal filed a lawsuit against a friend of PM Najib Tun Razak, who was defence chief at the time, had been designated as the main negotiating agent for the deal. The purchase was made without going through a tender.]

The first submarine KD Tunku Abdul Rahman (shown in pic), a Scorpène class, docked at Port Klang on Sept 3 2009. And so all may know, the Malaysian Royal Navy announced that it may acquire more submarines in the future.
 

It is easy to surmise that the funds that were used to finance the acquisition was derived mostly from converting resources extracted from Sabah into solid cash.

NOTE that the first submarine KD Tunku Abdul Rahman (shown in pic), a Scorpène class, docked at Port Klang on Sept 3 2009, eleven (11) years after the formal negotiations began or seven (7) years after the contract was signed. 

We are speaking of pure hardware acquisition here but the time frame has not included the submarine culture development which began in earnest for the Malaysian Navy in the mid-80s (when they began sending officers and crew for submarine training to the UK Royal Navy) or more than 20 years before they got delivery of the first sub. So, if the Philippines is contemplating developing sub culture, better start now because there is no way the navy can be on top of the situation by 2020 (which is the target date I read that the navy was considering...)

Incidentally, the Malaysian submarine base is found within spitting distance of the southern Philippine province of Mindanao, right in disputed Sabah territory... Coincidence? Not a chance!

SULTAN OF SULU HISTORY

NOTE: SOME OF THE CONTENTS OF THIS DOCUMENT WERE CORROBORATED BY THE PEOPLE I TALKED TO INCLUDE; MUEDZUEL-LAIL "BUTCH" KIRAM, DR. CELIA KIRAM (SULTAN JAMALUL'S WIFE), SENIOR MNLF OFFICIAL (I'M NOT NAMING HIM SINCE MNLF IS NEUTRAL), ASSISTANT TO THE GOVERNOR OF SULU, A FRIEND WHO IS 100% TAUSUG FROM SULU AND WHO IS CLOSE TO THE KIRAM FAMILY. FOR A COMPLETE HISTORY, FEEL FREE TO CLICK ON THE WEB LINK BELOW. THE LINK IS COMPLETE WITH DOCUMENTS AND PICTURES OF DIGNITARIES LIKE SENATORS PIMENTEL, DRILLON AMONG OTHERS. SCROLL ALL THE WAY DOWN WHERE IT EXPLAINS WHY FUAD IS NOT A LEGITIMATE CLAIMANT AND MORE.

In 1974, Sultan Esmail Kiram I died in Jolo. By this time, blazing warfare between Moro and Filipino soldiers was raging in Sulu. In addition, the secret plan of the Philippines to invade North Borneo had ended in the Jabidah Massacre of 1968, and there was suspicion and uncertainty everywhere in the region. Because President Ferdinand Marcos had declared Martial Law I 1972, Crown Prince Datu Punjungan had already fled to North Borneo and dared not return to claim the Sultanate.

Thus, emissaries from President Marcos traveled to Jolo to identify and select a new Sultan. They asked Abraham Rasul, the husband of Santanina Rasul, who should be the next Sultan, in as much as they could not find Datu Punjungan. At the order of President Marcos, a selection committee was formed.

This group chose Muhammad Mahakutta Kiram as sultan in 1974. They chose him because he was the first so of the second wife; and since they were unable to find Datu Punjungan, Datu Mahakuttah became Sultan, though not in accordance to standard rules. It was well known that the Crown Prince was alive, thus no new Sultan should have been crowned. This intervention by Manila has had exactly the effect which the Government of the Republic of the Philippines sought, which was to divide and control the people of Sulu. To this day, the competing claims to being Sultan stem from the interference by Manila.

Sultan Muhammad Mahakuttah Kiram - 1974‐1980

Sultan Mahakuttah was brought to Manila, where he was well financed by President Marcos, lived in the Aurelio Hotel in Mabini, and received a large allowance. He played a large role in recommending to President Marcos who could bring in barter trade goods, with approval by the Southern command officer in charge. While living in Manila, Sultan Mahakuttah fell prey to all vices. Finally, he married Mercy, a Christian woman in Pampanga.  

In 1976, Sultan Mahakuttah began to lose favor with President Marcos because the “Magic Eight” commanders of the Moro National Liberation front had surrendered to Marcos. They began to get funding, not Sultan Mahakuttah. When martial law ended in 1980, Crown Prince Punjungan returned to North Borneo to Jolo. The Ruma Bechara, along with all the Datus and the leaders of the different municipalities of Jolo, gathered in Jolo to proclaim Datu Punjungan as the rightful Sultan.  

At that time, they also proclaimed Datu Jamalul Kiram III as Rajah Mudah. Sultan Mahakuttah was present at the gathering in Jolo and willingly renounced the Sultancy in favor of his uncle, Sultan Punjungan. Sultan Punjungan reigned from 1980‐1983, and died a natural death in Zamboanga City. Buried in Maimbung, Sulu, the ancestral capital of the Royal Sultanate.  

Before he died, he wrote a Will of Testament, that all rights of administrative over all his interests shares and participation in all the properties of the Sultanate of Sulu, including its proprietary rights and interests over Sabah, formerly known as British North Borneo, are conferred to his son Datu Esmail Dalus Kiram.

Sultan Punjungan Kiram - 1980‐1983

Upon Sultan Punjungan’s death, Crown Prince Datu Jamalul Kiram III was proclaimed Sultan by the council of Datus Simultaneously, Datu Esmail Kiram was proclaimed Rajah Muda, or Crown Prince.

Sultan Jamalul Kiram III - 1984‐2001

Even before becoming Crown Prince or Sultan, Jamalul Kiram III had taken up residence in Manila and married a Christian woman named Celia, as his second wife. Under the doctrine of “Astanah ha Lupah Sug,” which requires the Sultan to reside in Jolo, the people expected Sultan Jamalul Kiram III to move back to Jolo. However, he never did.  

After leaving Jolo in the late 1970s, Sultan Jamalul Kiram III never re‐established a residence in Jolo. In fact, when his own son fro his first wife, Caroline Tulawie, died in Jolo, he returned briefly but stayed with his brother, Rajah Muda Datu Esmail Kiram.  

Over a period of twenty years, Sultan Jamalul Kiram III returned to Jolo only once or twice per year for brief visits. During his visit to Jolo when his son died, the Ruma Bechara advised Sultan Jamalul Kiram III to step down in favor of Rajah Muda Datu Esmail Kiram. It was subsequently agreed that Sultan Jamalul kiram III could retain the title of Sultan, but that Rajah Muda Esmail Kiram would be Sultan in fact in Sulu and North Borneo.  

It was agreed that if Sultan Jamalul Kiram III decided to return to Jolo, he would be reinstated as Sultan, a process familiar to the Sultanate because of events surrounding the Sultanate of Azim ud‐Din I or Sultan Aliuddin I, in the 1750s. This Sultan was kept in Manila by the Spanish for many years, and during his absence another man became Sultan. But when Alimuddin I was able to return to Jolo, he was reinstated as Sultan.  

A written agreement concerning the stepping aside of Jamalul Kiram III was promised in the Jolo meeting. It has yet to be delivered.

Sultan Esmail Kiram II - 2001‐to Date

Esmail Kiram II was crowned in Jolo in 2001 after he was found to be in compliance with all the rules of succession. His younger brother, Agbimuddin, became Crown Prince.

Datu Fuad Kiram I - FAKE CLAIMANT, pretending to be sultan of Sulu (shown in picture)

In 2006, Fuad Kiram was proclaimed in Maharlika Village as Sultan of Sulu. Though a fine man, he does not meet the traditional requirements.  

First, he was never proclaimed as Rajah Muda. When Fuad’s elder brother, Mahakuttah, became Sultan the person who was named Rajah Muda was Muedzul‐Lail K 

Second, Fuad is not a resident of Sulu, but lives in Angono, Rizal.  

Third, his mother is not of royal blood lines.  

Fourth, the coronation of Mahakuttah was proclaimed not by the Ruma Bechara but by the government of Ferdinand Marcos.

Sources:Sultan of Sulu This Sulu government website shows that Fuad is not listed as one of the Sultans. Provincial Government of Sulu

TO MEMBERS OF THE FACEBOOK CIRCUS OF OMAR KIRAM, AN UTTERLY FAKE ROYAL: TRUTH IS BUOYANT

The FAKE "Viscount" Edgar "Hep" Salud Martinez (shown in an astonishing picture he published himself and which is on public display on the net) was telling their mostly unsuspecting members that we were fabricating stories of their FAKE Sultan. 

For information: the European aristocratic title "viscount" does NOT exist in the Sultanate of Sulu culture, let alone in the Tausug culture. If you meet anyone on Facebook purporting to be a viscount or parading European sounding royal or nobility titles, BE WARNED. They are fake. 

We provided document after document of proof to support our claims that these POSERS are just that while they have nothing to prove their legitimacy. No official communications from the Philippine government or from the Malaysian government. 

Prof. Nur Misuari even said that Omar Kiram is a mystery to him and that he does not know where he came from. This was corroborated by a senior MNLF official I talked to while I was doing my investigation. Hep Martinez keeps saying that the law of primogeniture is what makes their FAKE Sultan a Sultan discounting the Raja Muda who is the first born of the Sultan. Datu Fuad Kiram I is the brother of the sitting Sultan at that time if we take into consideration the law of primogeniture. 

Raja Muda Muezuel-Lail Kiram or Butch is the first born son and is/should be the next Sultan. But even that, we have another story of the matter. But one thing for sure, DATU FUAD IS NOT THE HEIR APPARENT AND CAN NEVER BECOME SULTAN OF SULU AND SABAH UNLESS THE ENTIRE ROYAL MALE LINE (BEFORE AND AFTER HIM) OF THE SULU SULTANATE IS OBLITERATED OR BECOMES EXTINCT. 

I urge you to go to Sulu and talk to the Tausugs or check the website of Sulu government to see if you even see Fuad's name as Sultan. One of the FAKE Royals followers even said that the government of Sulu supports Fuad which is a big LIE.

But under the manipulation of Omar "FAKE" Kiram and after they were stripped off their titles as Regent Sultan of Sulu and Sabah and Datuk respectively by the Raja Muda, they started spreading rumors against the Raja Muda which is baseless and unfounded! That was their way of stealing the title from under the nose of the Raja Muda to make him look incapable and unworthy to be the next Sultan.

In the meantime, Raja Muda Butch obtained a police and school clearance to prove that what they alleged against him did not happen and he has no criminal records of sort. That was just a ploy by Fuad and Omar so they can proclaim themselves as Sultan of Sulu and Sabah and Grand Prince Marshalll of Sulu and Sabah. Omar does not even have a single drop of Kiram blood running through his veins. His name was not even Omar kiram. In fact, he goes by Omar Maniquis among other names before he declared himself a prince. His son who is also posing as prince is also going by the name Al Maniquis. 

The proclamation was held with not a single attendance by any Royalty and was held away from the seat of power which is Sulu. It was held in a basketball court in Metro Manila with only curious bystanders as attendees. Then Fuad proclaimed Omar as Grand Prince Marshall of Sulu and Sabah. The burden of proof is on their side. WHERE IS THE PROOF?Show legal and valid documents that are not fabricated like the ones you posted on your website. The photo ops that you took with Prof. Nur Misuari that he, himself said was a courtesy on his part when asked for a meeting are therefore just that, photo ops and not valid proof! All this is for gold and glory on their part to get business ventures from people who would otherwise not entertain them had it not been for the royal title albeit FAKE!

Here's the link to the official website of the Provincial Government of Sulu. Check it out for yourself to see if Fuad Kiram's name is even on the list. http://www.sulu.gov.ph/Profile.asp?mode=sultanate

Shown left is the revocation revocation letter issued by Sulu Rajamuda Muedzul Kiram stripping Datu Fuad Kiram of their courtesy titles. Shortly after that, they alleged false and baseless accusations at Butch Kiram and proclaimed themselves as Sultan of Sulu and Sabah and Grand Prince Marshall of Sulu and Sabah respectively. THEY ARE POSERS!

Pictures of the place where Fuad Kiram self-proclaimed himself as Sultan away from the seat of the Sultanate which is Sulu. Ask yourself, why? The fact is, they cannot live or do such HARAM acts against the people of Sulu and especially after the horrible accusations they threw at Butch Kiram. No such records of crimes committed. Butch has the proof that he is innocent while Fuad and Omar don't to prove their claim.

Pictures of Fuad and Farida's marriage license and wedding pictures which he denied at first being married to his third wife, Farida until I posted the proof. The HARAM Datu Fuad left and abandoned his third wife while pregnant and even now has not given a single cent towards the sustenance of his little girl, Habiba Kiram who looks exactly like him. Are these acts of a noble and honest man who is posing as Sultan? He is destitute and allows a CON-ARTIST like Omar to use him as a puppet. Fuad having no job and assets sold out his family and principles in exchange for rent and utilities and whatever scraps that Omar throws at him making money off their deception.

Farida (shown in picture with child Habiba) Fuad's third wife who he abandoned while pregnant and their daughter, Habiba who looks like Fuad.

Below is the excommunication letter by the Regent Sultan to Fuad for desecrating the Muslim traditions of the Sultanate. One of them is Fuad's proclamation of a non-Royal blood like Omar as Prince.

                                                         

Fuad Kiram was also ex-communicated by the Regent Sultan or Crowned Prince, Esmail Kiram II for the following reasons:

1. Desecration of the Royal Order of Succession by manipulating the genealogy removing the true successor in line to the throne. (This is the line of succession document they falsified and posted on their website).

2. Desecration of the Throne of the Royal Kingdom of Sulu and North Borneo by replacing the Royal Nobility titles with English Nobility titles. (This is their modus operandi of conferring European titles to gather support disrespecting the Muslim tradition and the Sultanate royalty).

3. Desecration of the Royal House of Sulu by appointing a non-Royal blood to the Throne of the Royal House. (This is the appointment of Dux Legazpi who changed his name to Omar Kiram then proclaimed himself as Grand Prince and Prince Marshal of Sulu and Sabah, but who has not a single drop of Kiram blood nor royalty blood running in his veins.)

For a story of how Fuad and Omar met, click on this link. 

Scarborough Shoal: Philippines has better claim [than China] just as Philippines has indisputable sovereignty rights over Sabah and Malaysia has none

*Picture of Scarborough Shoal from Global Balita

In this standoff with China [over the Scarborough Shoal], let us not forget the lesson we learned from Sabah which has been an unresolved issue for almost fifty years. The mistake the previous Sultan of the Sultanate made leasing Sabah to Malaysia then turning over the sovereignty to the Republic of the Philippines to the failed takeover that resulted in the infamous Jabidah massacre is a lesson we have learned. We should not let our guards down and always be vigilant in protecting our territory. 

Below is the opinion of retired Philippine ambassador, Nelson D. Lavina published in and reprinted from The Daily Inquirer.

For more than a month now, a vessel or two of the Philippine government have been facing eyeball to eyeball dozens of Chinese vessels at the Panatag (Scarborough) Shoal. Both China and the Philippines claim historic rights over the shoal which is 124 nautical miles off the coast of Zambales. 

Recently, Philippine and US government officials discussed in Washington, DC the South China Sea issue. The United States was neutral in the controversy but expressed interest in the freedom of navigation. The officials took note of the RP-US Mutual Defense Treaty (MDT); the United States promised, as it has promised before, assistance in upgrading the Philippine Navy. Earlier, the Chinese asked the United States not to meddle in the issue. 

It is recalled that Secretary Henry Kissinger took the view that while the United States was bound by the MDT, the Kalayaan group of islands, which became a municipality of Palawan in 1978, would not, as a disputed territory, fall within the term “metropolitan” Philippine territory. However, US State Secretary Cyrus Vance informed Gen. Carlos P. Romulo in a diplomatic letter dated Jan. 6, 1979 that under the terms of the MDT, the United States was bound to counteract, in accordance with its constitutional processes, any attack on “Philippine armed forces, public vessels or aircraft in the Pacific.” Hence, the Kalayaan group in the Spratlys was evidently embraced in the US commitment. 

The Vance assurance clearly covers the present situation in Scarborough, a shoal in the South West Philippine Sea “in the Pacific.” Ergo, an attack by China against any Philippine armed forces, public vessels or aircraft in the area would trigger, under the MDT, American retaliation, in accordance with its constitutional processes, against “the common enemy.” 

But Manila wisely chooses to follow the path of diplomatic solution. After Beijing spurned negotiations, Manila has decided to elevate the issue to the International Tribunal for the Law of the Sea, in accordance with the provisions of the United Nations Convention on the Law of the Sea (Unclos) itself, for the settlement of disputes on the application or interpretation of the provisions of the convention. 

About five decades ago, the Philippines was also prepared to go to the International Court of Justice on the issue of Sabah. We invited Malaysia to The Hague. Malaysia, firmly backed up by the United Kingdom, refused. And the Philippine claim to Sabah has remained in limbo since then. 

Now President Aquino need not spend sleepless nights. Under the Unclos, member-states like China and the Philippines have the special obligation to settle disputes involving the application or interpretation of Unclos provisions. China has to join the Philippines in Hamburg. From all indications, the Philippines has a better claim. 

—NELSON D. LAVIÑA,retired ambassador,nlavina3@fastmail.fm

Posted by Lioness of Sabah

DISPUTE OVER SABAH AND HOW IT STARTED

China's bullying the Philippines into bilateral negotiations over the Spratly islands is akin to Malaysia's bullying tactic over Sabah. 

These countries which rule with their goons, guns and money think that because they are bigger and stronger in military and economic sense, they can just finagle their way in to get what they want. 

Below is a short history of how the dispute began:

In 1906 and in 1920, the United States formally reminded Great Britain that North Borneo did not belong to the Crown and was still part of the Sultanate of Sulu. However, the British did turn Sabah into a Crown leased Colony.[2]

The Philippine Constitution of 1941 states that the national territory of the Philippines included, among other things, "all other areas which belong to the Philippines on the basis of historical rights or legal claims."

Malaysia was federated on 16 September 1963. Even before Sabah was incorporated into Malaysia, the Philippines sent delegations to London reminding the British Crown that Sabah belonged to the Philippines.[3] 

The Sultanate of Sulu was granted the north-eastern part of the territory as a prize for helping the Sultan of Brunei against his enemies and from then on that part of Borneo was recognized as part of the Sultan of Sulu's sovereignty. 

In 1878, Baron Von Overbeck, an Austrian partner representing The British North Borneo Company and his British partner Alfred Dent, leased the territory of Sabah. In return, the company was to provide arms to the Sultan to resist the Spaniards and 5,000 Malayan dollars annual rental based on the Mexican dollar's value at that time or its equivalent in gold. 

This lease was continued until the independence and formation of the Malaysian federation in 1963 together with Singapore, Sarawak and the states of Malaya. As of 2004, the Malaysian Embassy to the Philippines had been paying cession/rental money amounting to US$1,500 per year (about 6,300 Malaysian Ringgits) to the heirs of the Sultanate of Sulu.[4] This is an act of British government before the federation and continued to the today's government of Malaysia. 

[5]The contract between Sri Paduka Maulana Al Sultan Mohammad Jamalul Alam, representing the sultanate as owner and sovereign of Sabah on one hand, and that of Gustavus Baron de Overbeck and Alfred Dent representing the North Borneo Company, on the other as lessees of Sabah, was executed on January 22, 1878. 

The Lease prohibits the transfer of Sabah to any nation, company or individual without the consent of His Majesty’s Government (“Government of the Sultan of Sulu”).[6] Less than a decade later, the Sultanate of Sulu came under the control of Spain and was forced to sign a document giving all of the Sultan's Properties in Palawan and Sulu (excluding Northern Borneo) to Spain. In 1885, Spain relinquished all of its claim to Borneo to the British in the Madrid Protocol of 1885.[7] 

In spite of that, in 1906 and 1920 the United States formally reminded Great Britain that Sabah did not belong to them and was still part of the Sultanate of Sulu on the premise that Spain never acquired sovereignty over North Borneo [see Madrid Protocol] to transfer all its claims of sovereignty over North Borneo to Great Britain on the Madrid Protocol of 1885. This is so because the Sultan of Sulu did not include his territory and dominion in North Borneo in signing the treaty of 1878 recognizing the Spanish sovereignty over “Jolo and its dependencies.” North Borneo was never considered a dependency of Jolo. 

However, the British Government ignored the reminder and still annexed the territory of North Borneo as a Crown Colony on July 10, 1946. This was in spite of the fact that the British Government was aware of the decision made by their own mandated High Court of North Borneo in Sabah on December 19, 1939, that the successor of the Sultan in the territory of Sabah was Punjungan Kiram and not Great Britain.[8] 

On September 12, 1962, during President Diosdado Macapagal's administration (the father of the former Philippine president Gloria Macapagal-Arroyo), the territory of North Borneo, and the full sovereignty, title and dominion over the territory were ceded by the then reigning Sultan of Sulu, HM Sultan Muhammad Esmail E. Kiram I, to the Republic of the Philippines. 

[9] The cession effectively gave the Philippine government the full authority to pursue their claim in international courts. The Philippines broke diplomatic relations with Malaysia after the federation had included Sabah in 1963. It was revoked in 1989 because succeeding Philippine administrations have placed the claim in the back burner in the interest of pursuing cordial economic and security relations with Kuala Lumpur. 

[10] To date, Malaysia continues to consistently reject Philippine calls to resolve the matter of Sabah's jurisdiction to the International Court of Justice.[11]Sabah sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.[12]