Sabah Standoff Issues

[Tj_abs]

eto from a Malaysian's point of view >>> To whom does Sabah belong? | Free Malaysia Today

To whom does Sabah belong?
Vidal Yudin Weil
| February 22, 2013

If there really was an incursion, how come I do not see our Foreign Minister flying off to the Philippines or their Foreign Secretary here in Sabah to negotiate the retreat?
COMMENT

I was asked to pen my views on the alleged ongoing standoff between the Malaysian armed forces and the so-called Sulu intruders at a Lahad Datu village in Sabah.

I will touch on the history of Sabah followed by my arrival to the conclusion on the probability of the incident actually happening in reality.

North Borneo

It was written that on Jan 23, 1878, the Ruler of Sulu, Sultan Jamalul Alam leased Sabah (formerly known as North Borneo) to Gustavus Von Overbeck for an annual rent of equivalent 5,000 dollars through Von Overbeck’s trading partner Alfred Dent. It was also recorded that this amount of money (USD1,500 per year) is still being paid to the heirs of the Sulu Sultan by the Malaysian Embassy in the Philippines until today.

The keyword in the written agreement was “Pajak� which if translated literally means “Lease�. It was also explicitly written that the rights to Sabah cannot be transferred to any other nation or anyone else without the Sulu Sultan’s express consent.

The Spaniards in Manila eventually took control of the entire Sulu Sultanate; and in 1885, Great Britain, Germany, and Spain signed the Madrid Protocol confirming Spanish influence over everything in the Philippines except Sabah which belongs to the Sultanate.

Great Britain was reminded by America in official black and white in 1906 and 1920 that Sabah does not belong to Great Britain; and was and is at all material times legally and legitimately part and parcel of the Sulu Sultanate.

The British government, however as we all know, arrogantly and unilaterally did turn Sabah into a Crown-leased Colony on July 10, 1946 even though there was a declaration by Chief Justice CFC Makaskie of the High Court of North Borneo on Dec 19, 1939 in a civil suit filed by Dayang Dayang Hadji Piandao and 8 other heirs of the Sulu Sultan including Putlih Tarhata Kiram that the successor of the Sulu Sultan in the territory of Sabah was Punjungan Kiram and not Great Britain!

Earlier on in 1941 the Constitution of the Philippines states specifically that the national territory of the Philippines includes “all other areas which belong to the Philippines on the basis of historical rights or legal claims� which means that the Philippines have never relinquished their claim on Sabah.

Even before Sabah joined Malaya, Sarawak, and Singapore to form Malaysia on Sept 16, 1963, numerous delegations were sent by the Philippines to London reminding the British government that Sabah belongs to the Philippines.

On Sept 12, 1962, the territory of Sabah and the full sovereignty, title and dominion over the territory were ceded by the then reigning Sulu Ruler, Sultan Muhammad Esmail E. Kiram 1 to the Republic of the Philippines during the Presidency of Diosdado Macapagal.

The cession effectively gave the Philippines government full authority to pursue their claim in the International Court of Justice at The Hague. But until today, Malaysia continues to consistently reject the Philippines’s calls to refer the matter to the ICJ.

Immediately preceding the formation of Malaysia, two commissions of enquiry visited Sabah and Sarawak in order to establish the state of public opinion regarding merger with Malaya and Singapore. However, the commissions were never mandated to address the legal status of Sabah nor were they referendums in the proper sense.

The first commission known as the Cobbold Commission was established by the Malayan and British governments and was headed by Lord Cobbold, along with two representatives from Malaya and Britain – but none from the territories under investigation.

The Commission found that about one third of the population of each territory i.e. Sabah and 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.

Indonesia and the Philippines rejected the findings of the Cobbold Commission and in 1963, a tripartite meeting was held in Manila between Indonesian President Soekarno, Philippines President Diosdado Macapagal and Malayan Prime Minister Tunku Abdul Rahman. The meeting agreed to petition the UN to send another commission of enquiry and the Philippines and Indonesia agreed to drop their objection to the formation of Malaysia if the new commission found popular opinion in the territories in favour.

The UN Mission to Borneo found “a sizeable majority of the people� dubiously in favour of joining Malaysia and as expected Indonesia and the Philippines subsequently rejected the report’s findings and Indonesia continued its semi-military policy of “konfrontasi� towards Malaysia – the disputed report in effect sealed the creation of Malaysia.

The whole situation in a nutshell

To give the ordinary layman on the street an easier picture to digest, the following analogy best describes the whole situation:

A landlord called Jamalul leased a piece of land to a tenant called Overbeck for a yearly rent of $5,000. The written agreement stated that Overbeck cannot sub-let the land or sell the lease without Jamalul’s permission.

But the tenant despite the prohibition illegally sold the lease to a sub-tenant called Great Britain who later also illegally sold the lease to a sub-sub-tenant called Malaysia.

And in between all the illegal transactions perpetrated by Overbeck, Great Britain and Malaysia, Jamalul transferred all his rights and interests to a new landlord called the Philippines. The new landlord now wants back the land but the sub-sub-tenant Malaysia refuses to leave. The new landlord wants to take the matter to the International Court of Justice at The Hague but the sub-sub-tenant Malaysia also refuses to go there.

Can the sub-sub-tenant Malaysia claim to be an innocent victim when she took over the lease from the sub-tenant Great Britain?

In my humble opinion: the law be it either international or of any civilized country is that if a purchaser acquires a property with prior knowledge that the property in question is in fact stolen or that the seller does not have a legal or legitimate title to the property at the time of transaction is equally guilty of the crime of theft. Such transaction is not only null and void and of no effect, the title to the property in question is still vested with the original owner.

The ICJ only handles cases between states and nations which must agree to come voluntarily to be adjudged and be bound by its decisions; I strongly believe that Malaysia dares not go to the International Court of Justice to face the Philippines because the former foresee the high possibility of losing.

In addition, ICJ jurisdiction under its statute is limited only to states as parties in cases before it and consent of the parties ( both phil and malaysia) is is needed for the court to acquire jurisdiction over the case.. Btw, you said that very well and i agree.

[iOz]

I think Malaysian Government isn't sure if Sabah really part of the federal state they formed in 1963. Bakit puro extension ang binibigay sa Sulu Sultanate occupier? It's been weeks of telling the Philippine Government that you have only 4 days before you convinced to leave Sabah. Takot ba talaga ang Malaysia na mangyari sa kanila ang nangyayari sa Minadanao? Or the MNLF strong army present in Sabah?

[Altis6453]

I think Malaysian Government isn't sure if Sabah really part of the federal state they formed in 1963. Bakit puro extension ang binibigay sa Sulu Sultanate occupier? It's been weeks of telling the Philippine Government that you have only 4 days before you convinced to leave Sabah. Takot ba talaga ang Malaysia na mangyari sa kanila ang nangyayari sa Minadanao? Or the MNLF strong army present in Sabah?

The extension was granted upon request of the Philippine government. The ultimatum delivered by Malaysia was not to the PH government but to the "Royal Army of the Sultanate of Sulu" which is not a government entity or agency.

[Tj_abs]

umm... are you sure that those people are "Tausug" or are they "Maranaos?"

Im not sure sir but most likely most of them are muslims. Somebody told me before to prevent the revolt, president FM gave the portion property of quiapo to our fellow muslims

[xninjax]

nagkabarilan na.. nilusob na ata ng malaysian forces ...

Sultan?s men, Malaysian forces exchange fire | Inquirer Global Nation

[greenlyt]

eto pa isang report may mga namatay na raw
http://www.philstar.com/headlines/20...refight-report

[Monseratto]

Nag ceasefire yung Malaysian police...

[CVT]

Ipadala lahat ng congressmen at senadors natin sa Sabah!!!

Mga real-life na superheroes ang mga iyan....

18.3K:tomato:

[Tj_abs]

Question, is MNLF belongs to misuari? How about MILF and ASG? Bakit nahati din sila?

[night_raven]

Question, is MNLF belongs to misuari? How about MILF and ASG? Bakit nahati din sila?

OT: Nur Misuari started the MNLF. After negotiating a treaty with then Pres. Ramos resulted to the ARMM, former MNLF soldiers broke away and formed the MILF. The ASG is a breakaway group of MILF who just concentrate on kidnap for ransom cases.

Now that there is a Bangsamoro treaty being worked at, the BIFF or Bangsamoro Islamic Freedom Fighters is formed which is composed of former MILFs. So the war is still on, for sure the BIFF will negotiate for some other autonomous region in Mindanao of their own.

Tapos na nga siguro kasi sabi sa news umalis na raw ang mga Kirams sa palasyo nila sa Taguig at nagtago na yata.

Kung hindi naman kasi at nanalo sila nung nilusob ng Malaysian forces eh dapat nasa news sila at ipinagyayabang ang pagkapanalo nila laban sa mga lumusob.

[iOz]

5 Malaysian Police and 2 Royal Sulu Army died in the latest clashed in Sempona, 320km from Lahad Datu. Kala ko ba tapos na according to Malaysian Spokesperson in Malacanang.

[Boy Bastos]

5 Malaysian Police and 2 Royal Sulu Army died in the latest clashed in Sempona, 320km from Lahad Datu. Kala ko ba tapos na according to Malaysian Spokesperson in Malacanang.

5:2 ratio pala ang losses. Mukhang sanay sa guerilla tactics ang mga kumag.

[uls]

a large number of pinoy Muslims support the Sultan of Sulu diba?

PNoy can't ignore that

sooner or later PNoy will have to deal with -- "sino ba kakampi mo? mga Malaysian o mga Pinoy?"

[Boy Bastos]

a large number of pinoy Muslims support the Sultan of Sulu diba?

PNoy can't ignore that

sooner or later PNoy will have to deal with -- "sino ba kakampi mo? mga Malaysian o mga Pinoy?"

Yup. Kapag lumala itong issue na ito. Sabitsabit na.

Pero at least, wala nang gulo sa Mindanao. NPA na lang. :D

[shadow]

a large number of pinoy Muslims support the Sultan of Sulu diba?

PNoy can't ignore that

sooner or later PNoy will have to deal with -- "sino ba kakampi mo? mga Malaysian o mga Pinoy?"

marami ba? si robin padilla lang saka mga moro groups kuno...pero magaling talaga si saycon and gonzalez...

[Boy Bastos]

marami ba? si robin padilla lang saka mga moro groups kuno...pero magaling talaga si saycon and gonzalez...

Sino kaya ang nagfinance dito? Large amount of money ang involved dito in case tumagal ang problema.

[shadow]

Ano ba gusto mangyari our govt go to war with them..ulol nila, tapang tapang sumugod pag naipit hihingi ng tulong

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[badkuk]

Not sure kung me bahid ng propaganda to...

Hostage taking, bullying villagers...sound familiar?

What purpose could there be to gather up the villagers? For a picnic?

The guy they killed got off easy.


************************************************** ************************************************** ************************************************** *****

Filipino in ambush of Malaysian cops beaten to death, says Sabah radio report

Filipino in ambush of Malaysian cops beaten to death, says Sabah radio report | Inquirer Global Nation

DIGOS CITY, Philippines–A middle-aged Filipino man, who was reportedly involved in the ambush of Malaysian police forces, in which five policemen including an officer was killed, was beaten to death by angry residents of a village in Sem****a early Sunday, radio reports from Sabah monitored here said.
The radio stations, broadcasting on shortwave bands, said Sem****a police chief Mohammad Firdaus Francis Abdullah had not commented on the incident that took place in Senalang Lama village around 7 a.m.
In a similar report, the Malaysian state media Bernama said its reporter in Sem****a had seen the bloodied cadaver of the man, who had an M-16 rifle when beaten to death.
Bernama said the man remained unidentified but was thought to be in his 50s. Its reporter described the man as “big-sized and dressed in black.”
The radio reports quoted villagers as saying the man, suspected to be a follower of Sulu Sultan Jamalul Kiram III, descended from a nearby hill on Sunday and fired his gun into the air.
The villagers were reported to have said they overheard the man shouting that he was among those who ambushed the five policemen, who were sent to Sem****a early Saturday to conduct ground assessment following reports that armed men were spotted there hours before.
The radio reports said the man even threatened villagers with harm unless they gathered in an open area.
“As the man was trying to light a cigarette, the angry villagers mobbed him,” the reports said.
They then hanged his body on a tree, the unidentified Bernama reporter, who happened to pass by the village on his way to a coverage in another village, some 30 kilometers from Senalang Lama, said.
As this developed, Malaysian police’s Inspector General Ismail Omar went on air to say he had no information on the reported capture of four Malaysian officials by the “Sulu intruders.”
Abraham Idjirani, a spokesperson for Jamalul Kiram III, was earlier quoted in reports by Manila-based media outfits that their followers in Siminul had taken four hostages, a police officer, two military officials and one government official.
Idjirani was also quoted as saying two more men and two children were killed in the same incident that claimed the lives of five policemen in Siminul late Saturday.
But Ismail said as of 6 p.m. Sunday, he had not received any verified report on the alleged hostage-taking incident and other claims by Idjirani.
“No such information (Tiada apa-apa maklumat),” he said in Bahasa.
In Kunak town, nearly 5,000 people had fled in the aftermath of the ambush-cum-clash in Siminul.
In contrast, life has returned to normal in Felda Sahabat 17 in Lahad Datu, the radio reports in Bahasa said, as Malaysian security forces pushed farther away the “Sulu intruders (“penceroboh”).
In another report, Bernama said shops had reopened on Saturday and people were flocking into them.
Ismail said the renewed confidence of Lahad Datu residents came after they were assured the situation was under control.
He confirmed the deployment of Malaysian soldiers to beef up the police’s capability.
Ismail repeated his appeal to Sabahans not to believe in unverified reports, saying only the police and the military were authorized to issue updates on the efforts to address the “intrusion.”
Bernama also quoted Malaysian Army commander Gen. Zulkifli Zainal Abidin as saying he and Ismail had been “mapping out operations.”
“We can handle this situation by enforcing tight security,” Zulkifli reportedly said when asked about Idjirani’s claim that “thousands of the Sultan’s followers” from Jolo, Basilan and Tawi-Tawi were heading to Sabah to help their embattled comrades.
Zulkifli had earlier said that members of the Sulu sultan’s “royal army” have shown combat experience “and their insurgency guerilla tactics are quite good, I would say.”
The Moro National Liberation Front had confirmed that some of its members had joined Agbimuddin Kiram for the Sabah “homecoming.”
The MNLF, had signed a peace pact with the Philippine government in 1996, after decades of rebellion, which saw many of its guerrillas become battle-tested men.
Zulkifli said the group had snipers and this fact was observed as early as Friday, during the taking of Felda Sahabat 17 by Malaysian security forces.
Although 12 of the “Sulu invaders” had been killed, two members of the elite Malaysian commando, VAT69, also died in the ambush-cum-clash.
“They made sure we will not be able to go in without casualties,” he said.
- See more at: Filipino in ambush of Malaysian cops beaten to death, says Sabah radio report | Inquirer Global Nation

[shadow]

People behind the kirams are now unraveling...boy saycon, Bert Gonzalez...mag instigators talaga...

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[Altis6453]

5 Malaysian Police and 2 Royal Sulu Army died in the latest clashed in Sempona, 320km from Lahad Datu. Kala ko ba tapos na according to Malaysian Spokesperson in Malacanang.

Diba ang malaysian ambassador nag convey nun sa Malacanang? Sus. Daming dagdag.