“It is a sad commnetary on the Philippines if our own nationals should run to the UN because their government cannot protect their rights. This is not the spectacle our country wants to portray to the international community.
“It is now urgent to cease to be “confused” and move and act decisively. Time to end the Kabuki play on Sabah.”
THE President has gone on TV appealing and at the same time chastising the Sultan of Sulu over the standoff in Lahad Datu in Sabah.
The next few days will tell the wisdom of doing it in public. His statements and actions give the unintended consequence of leaning on our own nationals over a foreign power. We may be playing into Malaysia’s hands who has been adopting a studied but cavalier attitude over the standoff. They are exercising acts of “effectivités” over Sabah during this standoff by their actions and even by their silence over our naive pronouncements.
“Effectivités” in a territorial dispute between countries gives weight to actual and continued exercise of authority over a territory. This is the basis of the International Court of Justice ’s 2002 decision on the Ligatan Sipadan case where the court awarded the area to Malaysia over Indonesia. Also the same principle in the case between Chile and Peru and between Nicaragua and Guatemala.
The Sabah standoff should rouse the Philippine Rip van Winkle attitude towards our claim to the area. It provides the country with a unique but sensitive opportunity to revisit our claim. If the Philippines can deal with the situation with some diplomatic imagination and finesse it can correct some missteps of the past which led to the current state of helplessness insofar as the issue is concerned.
Those missteps include the abortive “peopling” of Sabah by Filipinos under the Marcos administration which resulted in the Jabidah mnassacre. Also advocating and/or agreeing to a United Nations referendum in Sabah in 1963 without adequate strategic preparations which resulted in adverse outcome for the Philippines.
The solid legal foundation of our claim still exists.
In the transfer of sovereignty document which the Sultan of Sulu signed with the Philippine government, it was expressly provided that the transfer shall be deemed voided if the Philippines shall fail to pursue the claim. The sultan understandably feels he is now free to pursue the claim himself.
The President should find an opportunity to convene the National Security Council to consider the matter. The ramifications of the standoff have far reaching consequences and both the legislative and judicial branches of the government have pronounced themselves on the issue.
As days pass, the confluence of events makes it imperative that the Philippines now define its policy on Sabah. To continue putting the claim in the backburner is not a policy. This is an illusion, a mirage.
Will it be in the national interest to pursue the claim to Sabah? Strong legal grounds still exist although eroded by our statements and actions and inactions. If we do not pursue, then we lay to waste previous international efforts in the UN, in the London and Bangkok talks, in the ICJ, in the Manila Accord of 1963.
If we do not pursue, we may do violence to our own Constitution, to House Resolution No. 321 adopted on April 24, 1962 and to the Supreme Court decision upholding the validity of RA 5522 and declaring that the PH has title and dominion over Sabah.
To study (again!) the legal merits of the claim is to consign it to the backburner for the next fifty years.
It is a sad commnetary on the Philippines if our own nationals should run to the UN because their government cannot protect their rights. This is not the spectacle our country wants to portray to the international community.
It is now urgent to cease to be “confused” and move and act decisively. Time to end the Kabuki play on Sabah.
(The author is a veteran Philippine diplomat. He was the Philippine Permament Representative to the United Nations (May 2003- Feb.2007). Prior to that, he was Foreign Affairs Undersecretary for Policy.)
(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)
At last someone who knows spoke! Pnoy must make Amb. Lauro L. Baja head of a mission to reclaim Sabah, if he is sincere to resolve the issue.
Thanks for this great article.
TonGuE-tWisTeD – February 27, 2013 12:03 pm
I wonder if that forsaken avenue – the tripartite conference – will ever push through. It’s the only chance the Malaysians will give up Sabah without a fierce war.
Involve the Islam hierarchy, we have history on our side, we win.
I wonder if the good Amb Baja had already tongue’s path in mind.
I super like tongue’s avenue.
tongue’s avenue is the tripartite (OIC-GRP-MNLF). Please refer to entry #16, http://www.ellentordesillas.com/2013/02/26/who-is-aquinos-adviser-on-sabah-issue/
From Anne de Bretagne (who has problems with her password):
Sigh… his speech was virulent almost. The tone quite aggressive. Would have understood that kind of speech against the NPAs but with Jamalul Kiram III?
The president is forgeting tha the Philippine Republic has contractual obligations to prosecute the Sabah claim for and on behalf of the Republic and of the Sultanate of Sulu; contractual obligations which were part and parcel of the official transfer of sovereignty rights over Sabah effected by Sultan Esmail Kiram I which the Philippine Govt officially accepted through President Diosdado Macapagal on 12 Sept 1962.
Besides, Pres Aquino must understand that there is an existing law that recognises PH dominion and sovereignty over Sabah; Republic Act 5446 stipulates quite clearly that PH has “acquired dominion and sovereignt over Sabah.”
It has not been abrogated (although I think President Cory Aquino tried in 1989(??? not sure) through a legislative proposal but did not succeed. The RA is still in vigour.
Furthermore, there is a Malacanang Memorandum – No. 162 (issued in 2008) clearly forbidding govt officials and govt institutions from recognising foreign, i.e., Malaysia, sovereignty over Sabah, which, if Pres Aquino has not revoked, should still be in place.
The President may have had the good intention about following up on Gloria Macapagal’s peace talks with the MILF with Malaysia helping to engineer the outcome but Pres Aquino should have realised that (1) there is a conflict of interest using Malaysia as facilitator inasmuch as PH has an outstanding, unresolved territorial dispute with KL (2) he deliberately sidetracked the other actors in the peace drama in Mindanao when he conveniently forgot about the Sulu-Sabah problem and the MNLF… the action really tells us what kind of leaders we have. It is hardly surprising that we have the Sabah stand-off today.
Maryosep ang press release ng Palasyo, aarestuhin daw ang financial backers at mga political sulsol ni Kiram.
Matagal ng init at inip ang Sabah claimants, hindi na kailangan ang udyok at financer. Nauuto lang noong araw ni FVR at Arroyo kaya hindi gaanong nagmamaktol.
Ngayon, isnab sila ni Pnoy, winala pa ang request for a meeting. Ang resulta, stand-off.
From a Malaysian point of view.
http://www.freemalaysiatoday.com/category/opinion/2013/02/22/to-whom-does-sabah-belong/
CNN and BBC not carrying stand-off news. Why am I not surprised?
#8
Ooops! I stand corrected. Meron pala nakatago lang. 😛
May tanong lang ako sa isyu ng Sabah. Kung makukuha ang Sabah, kanino ba ito mapupunta? Magiging pag aari ba ito ng Sultan of Sulu o magiging parte ng Pilipinas?
I have supported pnoys government on the many pronouncement and initiatives na gusto nilang Gawain… I think they are mishandling the Sabah issue and the dealings with the kirams…sad to see the impression na our government protect foreign interest than its constituents…they have to be careful with what they say parang anyabang at wayang prinsipyo.
Meron nga tayong historical documents to support our Sabah claim. However, the people who Sabah don’t want to become a part of the Philippines. They voted to join Malaysia some fifty years ago. Since then, they have participated in Malaysian elections, paid taxes etc. Walang movement to secede from Malaysia in order to become a part of the Philippines. Bakit hindi natin galangin ang desisyon ng mga Sabahans? Colinial era pa ba tayo? Hindi ba tayo naniniwala sa self-determination of peoples? If Sabahans decide to secede from Malaysia and become an independent state, that is their right. If they decide to seced from Malaysia and join the Philippines that is also their right. What Sabahans decide for themselves is none of our business. They have a right to write their own history, to determine their future. Who are we to wave pieces of paper at their faces and tell them they belong to us by historic title?
Agree with you #12..point is the message, announcements…I expect our government to be more diplomatic when it comes to this kind of issues both to Malaysia and the Kirams. In my mind, the kirams made arrangement with our government but seems our government neglected their part of the bargain. Bakit kailangan may coercion sa usapin sa kagustuhan nila na pauwiin ang mga ito? These people are currently in harms way for what they believe in. The least our government should do is to step up and be clear to the Malaysian not to harm them and initiate a dialogue that is acceptable to both parties. It is our government responsibility to protect its citizens. As far as I know, the Kirams have not instigated anything bad in Sabah. In reality they’ve been neglected.
Nakakahiya mang sabihin, mas lalo pa sigurong ayaw ng mga Sabahans na maging parte ng Pinas dahil sa saksakan ng bulok na mga gubyernong namumuno rito–lalo pa ngayong may nakaupong isang AbNoy na mas nais pang ipagkanuno ang kanyang mga kabababayan (na kasama sa tropang Kiram) para lang maibsan ang disgusto ng kanyang mga tunay na pinagsisilbihan (ang Malaysia, UK, at US).
#13
Have you noticed that the Sultan is now claiming that he had nothing to do with those people who were led by his Rajah Muda, that they went on their own volition? Compare his latest statement to his statements made in the first days of the stand-off. Bakit kailangan may coercion? Kasi those people are the sultans followers. If they are massacred, the government could be placed in an awkward if not a very delicate and possibly dangerous international confrontation with the Malaysian government. Paano yun heirs nung commodore who “discovered” the spratleys and claimed sovereignty over it, what if they also launch an invasion to claim their property? Should the government let it play out? The Kirams instigated something bad in Sabah. They landed an invasion army called the Royal Sultanate Army to take back Sabah. It may be comical, absurd even, but they are armed. Inilagay nila sa alanganin ang buong bayan dahil sa kanilang katawa-tawang pantasya.
#15
I highly doubt that the Phil gov’t would put up any stance to confront Malaysia in the event of a massacre of Kiram’s followers.
#13. Mismo!
The pronouncement and statements of Pnoy Administration on Sabah issue ay nagpapakita lng ng kanilang pagka incompetent, arrogance and insensitivity.
Sayang di makalogin si Commodore Anna. Pero alam din ito ng kambal niya. Chi, is this Jamalul Kiram the fake one or the authentic one? If this is the fake one, this one could be a planted bomb. Noynoy is put in as terrible situation anyway this thing goes. And only a demonyitang putot can plot such a device.
On the other hand that this is the real datu, then we’re screwed.
mb, diyan sa mga arguments mo, yung isa lang ang tama. Yan e kung sinunod ng Malaysia yung 20-point Agreement. Yes they have participated in Malaysia elections, but do you know no Sabahan can become Federation Head? Di kaya violation yan ng tenets ng decolonization which makes the so-called referendum void in the first place? Point 4.
Next yung taxation. Point 11 yan. The Sabahans retain full control over their finances. Again, kung hindi yan sinusunod ng Malaysia void yung agreement therefore by logic, yung Federation.
Walang movement to secede? Walang right to secession sabi sa Point 7.
Kung sigurado ka sa ipinost mo tungkol sa taxation, secession at election mas pabor sa atin dahil bina-violate naman pala ng Malaysia yung terms ng Agreement, one-sided pa. Puwede nating i-withdraw yung pinirmahan natin with Indonesia.
Eto yung 20-point agreement
http://aliran.com/1093.html