What is wrong with the Aquino Govt? Why the un-involved observer stance on Filipinos' Sabah claim?

Our questions: What is wrong with the Aquino Govt? Why the 'un-involved observer stance' on Filipinos' Sabah claim?

In her article "Reclaiming Sabah", Manila Standard Today columnist Linda V. Jimeno, rightly points out: 

"Why the government is taking the stance of an un-involved observer is beyond comprehension. When the sovereignty and dominion over the territory was transferred to the Philippine government by the Sultanate in 1962–which the government accepted as shown in its many overt acts–the government took on the responsibility of reclaiming Sabah and protecting Filipinos who initiate non-violent actions to revive the Philippine claim." 

Full article: 

Reclaiming Sabah Posted on Apr. 15, 2013 Manila Standard Today

In my column last week entitled “Legal basis for the Sabah claim,” I discussed how the Sulu Sultanate came to acquire North Borneo (Sabah) and exercise dominion and sovereignty over it, and how Malaysia  came to possess the territory. 

In this article, questions on what the Philippines has done to make an official claim over Sabah and how Malaysia responded will be discussed, culling from the booklet written by Prof. Emmanuel Q. Yap, founder of the People’s Patriotic Movement. 

When the Sulu Sultanate transferred by a legal instrument its dominion and sovereignty over Sabah to the Philippine government in 1962, did the government do anything to assert its ownership over Sabah? Yes. Even before the Federation of Malaysia came into being, the Philippine government, in 1950, advised the British government that it had a claim over Sabah. Too, the Federation of Malaya (not yet Malaysia) recognized that there was an Aide Memoire dated August 2, 1962 from the Foreign Affairs Department of the Philippines which reminded the Federation of Malaya that “Britain occupies the territory by the terms of the lease which, in no way, entitles the British government to claim ownership or sovereignty over the territory or to transfer it to any entity whatsoever.” 

The Federation of Malaya acknowledged this Aide Memoire by also handing an Aide Memoire to the Philippine Ambassador in Kuala Lumpur on October 3, 1962 stating that the government of the Federation of Malaya and the British government agreed that they would work towards a formal agreement for the transfer of the North Borneo territory (and Singapore) to the Federation of Malaysia. No such formal agreement was ever reached. Yet, Britain proceeded to include Sabah among the territories it transferred to Malaysia. 

On December 29, 1962, the Philippines and the United Kingdom announced an agreement to hold talks on the Philippine claim. Thus, from January 28 to February 1, 1963 the first Ministerial Conference on the Claims was held in London with then Vice President Emmanuel Pelaez heading the RP panel. 

Did not the Philippines object to the formation of the Federation of Malaysia on September 16, 1963 which included Sabah? Yes, it did, together with Indonesia which, in turn, was claiming Sarawak. Thus, then Malaysian Prime Minister Tunku Abdul Rahman, Indonesian President Soekarno and Philippine President Diosdado Macapagal met in Manila in August 1963.  The Manila Accord of 1963 was signed where Malaysia agreed that the inclusion of Sabah in its Federation would not prejudice the Philippine claim. Malaysia acknowledged the right of the Philippines to pursue its claim in accordance with international laws and the United Nations principles of pacific settlement of disputes. 

From February 5 to 10, 1964, the first round of talks between Malaysia, the Philippines and Indonesia (known as the Maphilindo talks) was held in Bangkok. Around the same time, President Macapagal and the Malaysian Prime Minister met in Phnom Penh. The Tunku agreed to elevate the claim to the International Court of Justice and encouraged the Philippines to submit a memorandum detailing the basis of its claims. The foreign affairs ministers of the Maphilindo states held a second round of talks from March 5 to 6, 1964. Then in June 1964 the Philippines gave to Malaysia its memorandum, “Philippine Claim to North Borneo Vol. 1” as suggested by the Malaysian Prime Minister. 

What happened in the Maphilindo talks in Bangkok? The talks failed because Malaysia unilaterally rejected the Philippine claim to Sabah and then terminated the talks. In so doing, it arrogated unto itself the power of a judge while being a contending party in the dispute. The talks were held supposedly to agree on what modes of settlement, as provided in the Manila Accord of 1963, were acceptable to both governments. 

How significant are the meetings in London and in Bangkok to the Philippine claim? The London foreign ministers’ meeting was significant in that it gave the Philippine claim the status of a legitimate international dispute. On the other hand, the Maphilindo agreement to meet in Bangkok pursuant to the Manila Accord was significant in that it contained a reservation agreed upon by the Philippines, Malaysia and Indonesia that the formation of Malaysia would not prejudice the unresolved Philippine claim over North Borneo (Sabah). All three countries also agreed to settle the dispute by peaceful means such as arbitration. In effect, therefore, Malaysia accepted the existence of the legitimacy of the Philippine claim to Sabah. 

What is the effect of Malaysia’s unilateral termination of the Maphilindo talks in Bangkok? Malaysia violated several solemn agreements. One of them is the Manila Accord. Another is the agreement between the Philippine President and the Malaysian Prime Minister in Phnom Penh that the two countries would discuss the “best way of settling the claim, not precluding reference to the International Court of Justice.” Still another was the exchange of Communique between the two countries where both essentially agreed to discuss the best way to settle the claim. 

Should the Sultanate of Sulu be blamed for taking proactive action in reclaiming Sabah? The manner the Sultanate asserted its claim may not have been the proper and legal way but this writer will not go as far as blaming the Sultanate. The historical records speak for themselves. Why the government is taking the stance of an un-involved observer is beyond comprehension. When the sovereignty and dominion over the territory was transferred to the Philippine government by the Sultanate in 1962–which the government accepted as shown in its many overt acts–the government took on the responsibility of reclaiming Sabah and protecting Filipinos who initiate non-violent actions to revive the Philippine claim. 

E-mail: ritalindaj@gmail.com   Visit: www.jimenolaw.com.ph

Related blog posts:

The Most Beautiful Defence of the Philippine Sabah Claim

Signing of the Manila Accord

Government must not confuse itself on who is who in the Sulu Sultanate

Commentary by retired Ambassadors Baja and Lavinia

Senator Salonga warns Senator Sumulong

Should the Aquino Government now kill the Sabah claim to appease Malaysia?