Main basis of dispute
This treaty constitutes the main basis of the territorial dispute between the Philippines and Malaysia over Sabah. The Philippines claims that the term pajak means lease while Malaysia claims that it means cession.
“Lease” means a contract by which a rightful possessor of real property conveys the right to use and occupy the property for consideration, usually rent. “Cession” means the relinquishment or transfer of land from one state to another.
In 1881, the syndicate represented by Overbeck and Dent was chartered as British North Borneo Co. (BNBC). In 1898, under the Treaty of Paris, Spain sold the Philippines to the United States. The treaty boundaries allegedly did not include Sabah.
During World War II, the Japanese occupied Brunei. After the war, in 1946, the British Crown granted Brunei the status of crown colony. In 1963, Sabah joined Malaysia.
What’s at stake
At stake in the territorial dispute over Sabah between the Philippines and Malaysia are two main prizes: natural resources and national security.
Sabah has been found to contain rich oil and gas reserves, according to the Singapore-based Facts Global Energy. It is said that significant pipeline projects, to be led by Malaysian companies in Sabah, will bring about the first gas production by May 2015 and power production by November 2015.
Sabah also poses a security risk for both countries because it is allegedly the lair of the al-Qaida-linked regional terror group Jemaah Islamiyah. Hence, Sabah could be used by terrorists as the springboard for a pan-Islamic state.
Philippine claim
The Philippine claim is based on the argument that the 1878 Deed or pajak was a treaty of lease.
In 1950, Congress adopted a “concurrent resolution expressing the sense of the Philippines that North Borneo belongs to the heirs of the sultan of Sulu and the ultimate sovereignty of the Republic of the Philippines, and authorizing the President to conduct negotiations for the restoration of such ownership and sovereign jurisdiction over said territory.”
In 1961, President Diosdado Macapagal filed the Philippine claim to Sabah. The next year, in the UN General Assembly, the Philippine Vice President appealed for help in promoting a peaceful resolution to the Sabah issue.
Malaysian claim
The Malaysian claim is based on the argument that the original document was a treaty of cession. Malaysia traces its claim to the 1878 Deed signed by the Sulu sultans in favor of the adventurers Overbeck and Dent, members of a syndicate, which was eventually organized into BNBC. It is claimed that the two adventurers entered into the 1878 Deed as representatives of BNBC and thus attained sovereignty over Sabah.
In June 1946, the British Crown and BNBC entered into an agreement, which appears to cede and transfer all the rights, powers and interests of BNBC on North Borneo to the British Crown.
Opinion
I solemnly believe that Sabah is in fact ours. We should claim what's truly ours. WE should not let others use our resources to make them rich. Let's not let others step on us. But in the process of fighting for Sabah, we should do it in a peaceful way. Peaceful because we should avoid opening two fronts that could trigger a war with one of our ASEAN neighbors. It is bad enough that we are having territorial issues with China. What more if you add another?
Source: http://opinion.inquirer.net/49361/sabah-issue-in-international-law
http://www.philstar.com:8080/opinion/2013/02/19/910496/sabah-where-does-it-belong-phl-or-malaysia
We should just let Malaysia have it. They already civilized there. How rude can we be if we just kick them out.
ReplyDeleteIf we cannot settle this peacefully, we should just leave it under Malaysia.
ReplyDeleteAlthough you may be right in saying that the Philippines has a better claim, do we really deserve it? And giving up Sabah does not mean that we are allowing them to step on us, but is rather an act of self-preservation. Take a look back on the 2013 standoff between the Royal Sultanate of Sulu's heavily armed fighters against several police officers in Sabah. The Sulu Sultanate's party was devastated, while Malaysia only lost 10 police men. What more if the national armies come into play? In addition, the US, our only "true" ally, has no interest in Sabah, so we are alone. Meanwhile, the British are willing to back up Malaysia. Unless we can claim Sabah through diplomatic means, there's not much we can do unless if we're willing to take our chances.
ReplyDeletePaul Beltran, BSOT 1B
We should know that this island isn't just nothing but it is a valuable. And we won't allow them to exploit those natural resources found in the island without proper claims and justification that it belongs to them.
ReplyDeleteIn my opinion I would definitely give Sabah to Malaysia because they are very hungry with that island. We have a little force in terms of military action so if there will be war obviously we would fail. To avoid this conflict we should give it to them as a gift and Malaysia and the Philippines would have a better relationship to each other. We should not be selfish because we have a lot of islands and each island have a national resources we Filipinos just don't know how to use it and take care of it and that's the problem.
ReplyDeleteCantal, Mary Anjunette, BSOT 3A
Despite playing second string to the South China Sea disputes in recent years, the state of Sabah (also known as North Borneo) has long been a major irritant in bilateral relations between the Philippines and Malaysia. However, a lasting resolution of this longstanding issue would help cement bilateral ties between the two countries, enhance maritime security and help regulate seaborne trade. Finally, a resolution may help determine the fate of thousands of Filipino refugees, migrants and their descendants in Sabah, many of whom remain stateless to this day.
ReplyDeleteBosque, Frances Drew R. BSOT 1-B
Giving up Sabah does not necessarily mean as a sign of weakness.
ReplyDeleteSabah is not ours to begin with.
Who are we to fight for something that wasn't purs in the first place?
Philippines is to come off as a tyrant if we force the Malaysian citizens already residing in Sabah
Let us leave this one to Malaysia to avoid more conflict.
ReplyDeleteI agree that the Sabah is ours and we should have to claim this. But being a Filipino and having a good attitude, let us just give Malaysia a part of the Sabah since they already residing and occupying there and to avoid more conflict.
ReplyDeleteBartolabac, Stefani L. BSOT-1B
We don't have evidences that Sabah is really part of the Philippine territory and we also don't want Malaysia claiming it as part of their territory and the natural resources found in there since it can make a country wealthy and prosperous, without certain and concrete evidences.
ReplyDeleteCheyenne Chelsea D. Empuerto BSOT - 1B
To avoid conflict , the Malaysia should take what is theirs and the Philippines since the Philippines doesn't have sufficient evidences to support their claim on this territory and besides there are people living in Sabah, it would be disrespecful if we would let them leave just so that we should have a piece of land.
ReplyDeleteTrisha Regalado BSOT 1B
To avoid conflict , the Malaysia should take what is theirs and the Philippines since the Philippines doesn't have sufficient evidences to support their claim on this territory and besides there are people living in Sabah, it would be disrespecful if we would let them leave just so that we should have a piece of land.
ReplyDeleteTrisha Regalado BSOT 1B
Despite the lack of evidences that would prove that Philippines does claim Sabah and considering that there are some Filipinos who are living in that island, if Malaysia will be granted the claim for Sabah, the Philippine government must help the Filipinos living in that island for transfer location.
ReplyDeleteRegina Clare Urbina BSOT - 1B
Philippines don't really have the right to take what is not sure if it's theirs. So, it's better to keep it in the hands of Malaysia for the good and to avoid further issues relating to Sabah's claim.
ReplyDeleteWe shouldn't give up what our fellow Filipinos have died for. We mustn't let selfishness get the best of us, we must be rational since the leaders of both countries could make some treaty wherein both countries will be able to benefit from the shoal.
ReplyDeleteBrinkley Angeli S. Deticio BSOT 1B
Philippines has enough problems and tension on their plate, they should just give Sabah to Malaysia to avoid conflict and war. this would save so many lives and the would not be needing to use their money to fund the war because having war costs so much and philippines is already in debt.
ReplyDeleteSamantha dyle ayo bsot 1b
I personally think Philippines is at on the losing side with this issue. Our claims are not well supported. Also, we still have that problem with Chine. Why add another?
ReplyDeleteJulie Ann C. Dy, BSN2A