Wednesday, July 1, 2015

The "Fight" Over Sabah


This so-called "fight" over Sabah seems more like a one-sided argument as it's already clear on which country owns Sabah and why the other one should do as it's already doing and try to calm the people down.

The Sultan of Sulu, Jamalul Kiram III, first laid claim on Sabah back in 2013. He and his followers "were demanding recognition from Malaysia and a renegotiation of the original terms of lease... including a higher rent than the current paltry sum paid by the Malaysian goverment." 

Of course, the Malaysian government rejected the demands given by Sultan Kiram III.This "Sultan" isn't officially a sultan though according to the information released by the Malacanang. Sultan Jamalul Kiram is related though, to the last Philippine recognized Sultan, Sultan Mahakuttah Kiram. Sultan Jamalul Kiram's father, Datu Punjungan Kiram, was a crown prince before being stripped of his title. His father's brother was Sultan Esmail Kiram I, and when Sultan Esmail died his son, Mahakuttah, succeeded the throne. Making Sultan Kiram III, the cousin.


The Philippines, or rather the Sulu Sultanate, continues to claim that Sabah is part of the Sulu Sultanate territory. However, Malaysia's claims to Sabah have already been verified by the United Nations when Malaysia's sovereignty was recognized. 

The International Court of Justice have also verified Malaysia's claim on Sabah when it had recognized and confirmed Sabah as part of Malaysia when it made a verdict in 2002 that the Sipadan and Ligitan island belonged to Malaysia and not Indonesia.

The Sulu Sultanate claims Sabah, however since Sulu is only a region of the Philippines without any national sovereignty, it cannot claim Sabah which is part of Malaysia, a sovereign nation. The claims to Sabah would be more considerable had the Philippine Government made the claim, but in interviews with President Aquino regarding the Sabah case, he sees the case as a "disadvantage" to our country as we are continuously negotiating with the other country.

In March 30, 2015, it was reported that "in exchange for Malaysia's support for the Philippines's case against China, the Philippines will downgrade it's claim on Sabah." In 2009, the Philippines protested against a note to the U.N. Secretary General as the note effectively declared Sabah as part of Malaysia. However, the Department of Foreign Affairs informed the Malaysian government that it is "reviewing" the 2009 process and its action would depend on Malaysia's response to Manila's requests related to the South China Sea territorial conflicts.

As there are parts in the Spartlys where each countries Exclusive Economic Zones overlap, the DFA requested Malaysia to confirm that "it does not claim entitlement to maritime areas beyond 12 nautical miles from any of the maritime features in the Spratly islands it claims." The other request by the DFA was that Malaysia confirm that its claim of an extended continental shelf is "entirely from the mainland coast of Malaysia, and not from any of the maritime features in the Spratly islands."

It does not mean that Philippines would back down on their claims on Sabah but if Malaysia backs down from their claim on the Spratly Islands, then the Philippines can strengthen one of their demands from the U.N. court that certain features do not generate maritime entitlement beyond 12 nautical miles.  This would clarify that the 12 nautical miles surrounding among others, the Panatag Shoal, are part of the Philippines 200-nautical-mile Economic Exclusive Zone.

The Philippines suit, which primarily sought to nullify China’s all-encompassing nine-dash line map invalid, also wants the U.N. court to rule that submerged features within and beyond 200 nautical miles of the Philippines are not part of China’s continental shelf. This would make China’s occupation of these features a violation of UNCLOS.

With all the problems we already have in our country, we don't need to another problem added. The Philippines should not take on another territorial dispute, which claims are not that valid, when it has another one in which the claims are much more valid, plus part of the international law that the other country already signed to.

The Philippines making historical claims over Sabah is like China making historical claims on the Spratly Islands.

We should know what to argue over, and Sabah is not what we should be arguing over.


Sources:

http://verafiles.org/ph-offers-sabah-to-win-malaysias-support-for-un-case-vs-china/

“Legal basis for the Sabah claim” by Rita Linda Jimeno

Posted by:
Karen Faye D. Zamora BSOT-1B

20 comments:

  1. It wasn't Malaysia's fault the British made a mistake of it being rent. Malaysia owns it now.

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  2. I also believe that Sabah should stay under Malaysia.

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  3. I think Karen is right. We should just give Sabah to Malaysia. Yes, I think we should fight for it but there are bigger issues in the country that needs our attention.


    -Angel Claire N. Oropel BSOT -1B

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  4. I agree with the contents that this article contains. We should stop going after something that does not matter much in the long run and should focus on the bigger picture.

    Paul Beltran, BSOT 1B

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  5. We should not let our country be stepped on, we should continue to fight because if we continue to allow them to continue their powers then we will no longer be able to speak out or voice out our rights as a country.

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  6. This comment has been removed by the author.

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  7. Why are we making this issue big when obviously we cant have it. So let them have Sabah we have a lot of issues to deal with our country.

    Cantal, Mary Anjunette BSOT 3A

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  8. Sabah issue should be laid to rest.It is a UN recognised part of Malaysia. Trying to use history to justify a claim in Sabah’s case and arguing against China’s use of it reflects poorly on the Philippines. In both cases, the other parties already have decades of administration of the territories. Using slander, deception and playing victim can only lower the trust and confidence in Asean for the Philippines. Asean want no part in Philippines’ fight with China. In Sabah’s case, the UN has already had its say and approval. In the case of the Spratly, I wouldn’t be too confident about Philippines’chances. Declaring the 9-dash line invalid does not spell out what truly belongs to the Philippines. Besides, if it cannot enforce its ruling, why would the UN even bother? UN secretary Ban Ki Moon already said nations should negotiate amongst themselves in territorial disputes. In this case, it involves more than just 2 countries. I doubt the UN would deliberate on this.

    Bosque, Frances Drew R. BSOT 1-B

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  9. Philippines has other problems to concentrate on rather than claiming Sabah.
    There's poverty, corruption, hunger and chaos inside the country.
    Let's focus on our own affairs

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  10. This conflict is waste of time. There are more issues to face. Leava Sabah to Malaysia

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  11. Indeed the Philippines has a ton of problems. But it shouldn't be a reason as to why we should let go of something that could be of great value to us. Sabah, with it's bountiful resources, could give us products which will be of help to our country.

    Brinkley Deticio BSOT-1B

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  12. I agree that we should just let the Malaysia take the Sabah because they had live there a long time ago. Philippines, our country has more issue or problem to face.

    Bartolabac BSOT-1B

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  13. I also agree on this issue that let us make way for Malaysia being the owners of this territory and for that it is really for them since they are claiming it as part of theirs. In this country, there are more things to give attention to, even the corruption in our own government, the ones fighting for Sabah and more things that is not much given focus to. Let us look into a bigger picture and face the reality.

    Cheyenne Chelsea D. Empuerto BSOT-1B

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  14. Just thinking about the resources would be a selfish thing to do of the Philippines. Even with the resources that's in Sabah, there are also people involved and with people involved a lot would go wrong. The Philippines should instead focus on its government's problem

    TRISHA REGALADO BSOT1B

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  15. I agree with what the article and the writer has to say. Philippines should focus on the bigger matters first and these are the issues that hinders Philppines from developing the right way. With the corruption and poverty evident in the Philippines I think its best if we try and solve these problems first and then worry about the claim for Sabah later. Or better yet might as well forfeit the claim for Sabah and focus on the main issues at hand.

    Regina Clare Urbina BSOT - 1B

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  16. The Malaysians can just claim Sabah for it is not really a big deal for us Filipinos plus it would just worsen the conflicts and issues if we put our minds to it than the other problems circulating in the Philippines.

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  17. It has been a long time since the Sabah claim has been openly discussed in the media or, even less, officially taken up by any administration. Yet, no Philippine president has dared to categorically renounce the country’s claim to this territory.

    Samantha Dyle Ayo BSOT 1B

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  18. I think that if we continue to deal with this issue, it would just bring the Philippines down.

    Julie Ann C. Dy, BSN 2A

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  19. We already have many problems in our country. There are much more valid claims than this. Let's just not make this a big deal for there are already Malaysians living in Sabah.

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