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
All about the genuine Sabah Claim Society
ATTENTION! This blog is the genuine Sabah Claim Society.
We are Philippine patriots who have grouped together from around the world and who created the Sabah Claim Society group originally on Facebook on 15 July 2011 and counted close to 6,000 members.
But on 5 October 2011 our group on Facebook was traitorously hijacked by two people we had invited to join us as group admins but who, we learned later on, had been hired to sabotage our patriotic group by a group of sinister individuals sporting fake European sounding nobility titles and other spurious Tausug/Sulu titles ['bestowed' and indiscriminately distributed on Facebook] and organized by a combined team of charlatans namely a datu (sporting a fake sultan title) and the latter's handler who is conveniently sporting an absolutely fake 'princely' title as well.
Please be warned that the said group of individuals, we believe, are in fact con artists out to "claim" Sabah for "get rich quick" reasons and are not genuine Philippine patriots. Their motive, we have discovered, is to be able to convince Malaysians that they are genuine Sulu royalty and pro-Philippine Sabah claim supporters in order to extract from Malaysia (which has control of Sabah today) a premium for letting go of the Sabah claim.
For more information on the Philippine Sabah claim, please join the ongoing discussions by clicking on the following link on Facebook: Philippine Sabah Claim Forum
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Showing posts with label UN. Show all posts
Showing posts with label UN. Show all posts
Thursday, 27 June 2013
Thursday, 20 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:
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):
Link to Republic Act 5446 /
~~ By Anne de Bretagne
For the Defenders of the Philippine Sabah Claim
05 March 2013
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
Monday, 15 April 2013
Malaysia must honour Manila Accord of 1963 or be forever damned
The signing of the 1963 Manila Accord, registered with the United Nations as treaty number 8029, whereby then Malaya Federation Prime Minister Tunku Abdul Rahman 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 or on 16th September 1963.
Paragraph 12 of the 1963 Manila Accord which was approved and signned by the three signatories stipulates:
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 Declara
tion.
BUT Malaysia now refuses to honour Manila Accord and has changed its national doctrine: "Better to lose national honour than to lose Sabah."
In a way, we understand why they now renege on the agreement. Malaysia has never really understood the meaning of 'national honour' since they have never ever had to fight for it. The Brits, the Aussies, the Indians, the Chinese, the Gurkhas have always had to do the fighting to save Malaya's so-caled 'national honour'.
Be that it may, it behooves the Government of the Republic led by no less than the benighted President NoyNoy Aquino to whip up this agreement and pressure Malaysia to honour it. Aquino has got everything in hand to win the case and so we are surprised why he is hell bent on wanting to lose it. But what is stopping him from doing it? Big question mark indeed!
~~ AdB
For the Defenders of the Philippine Sabah and Spratly Claims
15 April 2013
Related blog post: United Nations Treaties No. 8029, Manila Accord of 1963
Link to original treaty: UN Treaty 8029 Manila Accord 1963
Recommended read: Malaysian writer's Sabah solution: Re-visit the Manila Accord
Paragraph 12 of the 1963 Manila Accord which was approved and signned by the three signatories stipulates:
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 Declara
tion.
BUT Malaysia now refuses to honour Manila Accord and has changed its national doctrine: "Better to lose national honour than to lose Sabah."
In a way, we understand why they now renege on the agreement. Malaysia has never really understood the meaning of 'national honour' since they have never ever had to fight for it. The Brits, the Aussies, the Indians, the Chinese, the Gurkhas have always had to do the fighting to save Malaya's so-caled 'national honour'.
Be that it may, it behooves the Government of the Republic led by no less than the benighted President NoyNoy Aquino to whip up this agreement and pressure Malaysia to honour it. Aquino has got everything in hand to win the case and so we are surprised why he is hell bent on wanting to lose it. But what is stopping him from doing it? Big question mark indeed!
~~ AdB
For the Defenders of the Philippine Sabah and Spratly Claims
15 April 2013
Related blog post: United Nations Treaties No. 8029, Manila Accord of 1963
Link to original treaty: UN Treaty 8029 Manila Accord 1963
Recommended read: Malaysian writer's Sabah solution: Re-visit the Manila Accord
Sunday, 10 March 2013
Sunday, 2 December 2012
DECLASSIFIED U.S. STATE DEPT NOTES PROVIDE INSIGHT INTO WHY PH HAD TO GO IT ALONE ON SABAH CLAIM BACK IN THE 60s
DECLASSIFIED U.S. STATE DEPT NOTES PROVIDE INSIGHT INTO WHY PH HAD TO GO IT ALONE ON SABAH CLAIM BACK IN THE 60s
From the Archives Re: Sabah
Doc List No. Prev Next
FOREIGN RELATIONS OF THE UNITED STATES, 1964–1968
VOLUME XXVI, INDONESIA; MALAYSIA-SINGAPORE; PHILIPPINES, DOCUMENT 367
367. Action Memorandum From the Assistant Secretary of State for East Asian and Pacific Affairs (Bundy) to Secretary of State Rusk 1
Washington, May 20, 1968.
SUBJECT
The Sabah Dispute and ASEAN
Discussion:
As you will recall, at the luncheon May 9, Foreign Minister Thanat raised the question of the Philippine-Malaysian dispute over Sabah and his concern that the dispute may disrupt the ASEAN ministerial meeting in August. Thanat plans to reason with both parties before the bilateral talks on Sabah open in Bangkok June 17. He would like us to persuade President Marcos to cool off the quarrel. We did not at the time so inform Thanat, but we have told the Filipinos informally, when they mentioned the issue, that we thought they should quiet the matter. (See Manila 8618 and State 136076 attached at Tab B.)2
After giving the matter further thought, and discussing it with the Country Directors in EA, I believe that we should continue to avoid active intervention in the Sabah dispute, and to avoid initiating discussions on this issue with any of the interested governments. In arriving at this conclusion, I considered the following points:
(1) Seriousness of Present Impasse—We expect the Bangkok talks on Sabah to fail, with mutual recriminations. Malaysia intends to reject the Philippine claim outright and to refuse a second round of talks, even if (according to one senior Malaysian official) the Philippines react by breaking diplomatic relations again. The Malaysians also plan to stage a military demonstration in Sabah while the bilateral talks are going on. On the Philippine side, President Marcos is reported to have reversed the moderate line urged by Foreign Secretary Ramos, and the Department of Foreign Affairs is now taking a “second hard look” at the relative priorities of regional cooperation and the Sabah claim.
(2) Sabah as a Southeast Asian Problem—We have told both the Filipinos and the Malaysians that we consider Sabah primarily a problem which they will have to work out for themselves. Other members of ASEAN, working separately or jointly, may be able to help them work out a face-saving compromise, or to persuade them at least to try to contain the dispute in order to minimize the damage to regional cooperation. I believe that advice or pressure from outside powers, however well-intended, would only weaken the sense of responsibility of ASEAN members for handling their own affairs, and that at this point, we can best encourage the development of ASEAN by standing aside and letting the member states decide for themselves how to deal with the potential threat posed by the Sabah dispute.
(3) U.S.-Philippine Relations and Philippines in Southeast Asia—I believe that it would be unwise especially for the U.S. to attempt to guide or influence the Philippines on this issue. Such a move would encourage the Filipinos' tendency to draw us into their affairs and then to consider us responsible for the situation. It would also reinforce the view held by other Southeast Asian nations that the Philippine Government cannot be dealt with as a responsible Government, but must be approached through Uncle Sam, who will keep them in line. If the Philippines is to play a responsible role in Southeast Asian affairs, Fililpino leaders must learn to conduct their affairs without guidance from us, and to bear the consequences of their mistakes.
The attached telegram (Tab A)3 would instruct Bangkok to follow up the luncheon conversation of May 9 with Thanat with a fuller discussion of the Sabah issue, and to outline an appropriate portion of the reasoning I have given above. Other addressees would be authorized to draw on the message in discussions with interested officials, but not to raise the Sabah question independently.
Recommendation:
That you sign the attached telegram to Bangkok concerning the Sabah dispute.
1 Source: National Archives and Records Administration, RG 59, Central Files 1967–69, POL 18 MALAYSIA. Secret. Drafted by Ruth A. McLendon (EA/PHL) and cleared by EA, EA/PHL and in draft with EA/IND, EA/MS, EA/TB, and EA/RA.
2 Both attached but neither printed.
3 The draft telegram is attached, but is not printed. According to a handwritten note, Rusk approved its transmission and it was sent on May 21 at 12:30 p.m.
(NB: Credit to Yolanda Ortega Stern for the Philippine Sabah Claim Forum for the research.)
------------------------------------------------------
My thoughts off the cuff:
I have come across some similar documents -- declassified State Dept documents but not as clear as this. I suppose these notes were written during the SEATO meeting in Bangok (Lyndon Johnson was there)
WE WERE "SOLD"! What makes me think that the Sabah claim was "sold"? Because of this portion in the State Dept report: "(3) U.S.-Philippine Relations and Philippines in Southeast Asia—I believe that it would be unwise especially for the U.S. to attempt to guide or influence the Philippines on this issue. Such a move would encourage the Filipinos' tendency to draw us into their affairs and then to consider us responsible for the situation. It would also reinforce the view held by other Southeast Asian nations that the Philippine Government cannot be dealt with as a responsible Government, but must be approached through Uncle Sam, who will keep them in line. If the Philippines is to play a responsible role in Southeast Asian affairs, Fililpino leaders must learn to conduct their affairs without guidance from us, and to bear the consequences of their mistakes."
"Fililpino leaders must learn to conduct their affairs without guidance from us" but at the same time, the US always expected us to toe the line when it came to their desiderata. Extraordinary! They really wanted us on leash -- to bark when they said so and to heel at command and at the same time, we were expected to 'act independently.' Simply simply extraordinary!
This how-to-handle-the-Philippines policy'must have been the same stand since 1963 when the Philippines filed a protest with the UN about the planned Malaysia Federation incorporating Sabah and Sarawak. We did not received any backing for our protest with the UN from our American allies. There's been no evidence that they did.
My question has now been half answered, i.e., "Why did not the Americans want to help us pursue the Sabah claim?" My most generous thought is that they couldn't be bothered -- but that's only part of the answer... There is a tactical or perhaps, more serious strategical reason and that's what I would like to find out. I say this because Britain helped their former colony Malaya Federation (which is now Malaysia Federation following the 1963 annexation of Sabah and Sarawak) -- America could have done the same for us. Really they could have.
At the same time, the State Dept or the CIA must have been aware of the Marcos preparations for Oplan Merdeka, the first physical attempt by the Philippines to re-take North Borneo or Sabah, a plan that he had begun to put up in earnest in 1967 or a year before this note was released...
They [the Americans] could not have ignored that... Were they just simply turning a blind eye but at the same time knew that they would step in and stop Marcos one way or the other if he went ahead and carried with his plans to "invade" Sabah?
A relative of mine who had been a legal adviser to one of the presidents and who later on became defence undersecretary for another Philippine president had informed me that in early 1968, the US had agreed to transfer vessels to the Philippines which the US knew -- no way they wouldn't have known because they were already aware of Oplan Merdeka somehow -- would be used to ferry troops across Sabah... At the last minute when Jabidah Massacre was exposed, the vessels were turned back and sailed back to Vietnam.
These are not conjenctures. They were events that happened prior to the failed Philippine re-taking of Sabah or the denunciation of the covert operation made famous by media as the Jabidah Massacre. But the big question remains: Why did America not support our Sabah claim bid?
By Anne de Bretagne
For the Philippine Sabah Claim Forum
and For the Defenders of the Philippine Sabah and Spratly Claims
26 Sept 2012
In picture: US Secretary of State Dean Rusk, the man who sealed the fate of the Philippine Sabah claim.
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