Who Really Owns Sabah? Philippines vs. Malaysia (Part 1)

Summary

This video script delves into the complex history behind the Sabah dispute, a territorial conflict involving Malaysia and the Philippines. It explores the region's abundant natural resources, the historical claims of the Sultan of Sulu, and the 1878 agreement that sowed the seeds for the current dispute. The script also touches on the post-WWII developments, the 1963 formation of Malaysia, and the ongoing legal battles, including a recent arbitration ruling for a staggering 14.9 billion dollars. The series promises to uncover the historical roots, modern impacts, and the often-overlooked indigenous perspectives of this long-standing geopolitical issue.

Takeaways

• 📰 The Sabah dispute has been a long-running international issue, recently highlighted by headlines in 2022 about the seizure of Malaysian government assets due to a financial claim by the heirs of the Sultan of Sulu.
• 💵 The claim involves a staggering sum of 14.9 billion dollars, which has implications that extend beyond the sultan's descendants, affecting the region of Sabah, also known as North Borneo.
• 🌏 Sabah is a region rich in natural resources such as oil, gas, timber, and palm oil, and is located on the northern part of the island of Borneo, southeast of the Philippines and is currently a state in the Federation of Malaysia.
• 🏛 Historically, Sabah was a source of territorial dispute between the Sultanates of Sulu and Brunei, which emerged during the Islamic expansion in Southeast Asia in the 1300s and 1400s.
• 📜 The modern dispute's origins lie in an agreement made in 1878 between the British North Borneo Company and the Sultan of Sulu, which was poorly worded and has led to legal debates over land ownership.
• 🇬🇧 After World War II, Sabah became a British Crown Colony and later joined the Federation of Malaysia in 1963, amidst the Philippine government's claim over the territory.
• 🇵🇭 The Philippine claim over Sabah began under President Joshua Mahapagual in 1962, who was a descendant of the royal houses of Brunei and Sulu, and was based on historical and legal grounds.
• 🔍 The dispute involves complex international law issues, with both Malaysia and the Philippines having claims and counterclaims over Sabah.
• ⚖️ The heirs of the Sultan of Sulu have been receiving annual payments for Sabah as per the 1878 agreement until 2013, when the payments stopped due to an armed encounter between Malaysian forces and Sulu followers.
• 🚨 The 2013 Lahad Datu incident resulted in a military standoff and diplomatic crisis, further complicating the dispute over the sovereignty of Sabah and the annual payments owed to the sultan's descendants.
• 🌐 The video script emphasizes the importance of understanding the historical context and the impact of the dispute on the local and indigenous people of Sulu and North Borneo, calling for a deeper exploration of the issue.

Q & A

What is the Sabah dispute and why has it gained recent attention?

The Sabah dispute is an ongoing legal and territorial conflict between the Philippines and Malaysia, with roots in historical land ownership and colonial-era agreements. It has gained recent attention due to the heirs of the Sultan of Sulu claiming a massive financial settlement from the Malaysian government, which amounts to 14.9 billion dollars, and attempts to seize Malaysian government assets globally. This dispute involves complex historical ties, territorial claims, and international arbitration.

What is the historical background of Sabah?

Historically, Sabah, also known as North Borneo, was a region of territorial dispute between the Sultanates of Sulu and Brunei, both emerging in the 1300s and 1400s during the Islamic expansion across Southeast Asia. The region became a major source of dispute between rival powers in the 1600s and 1700s, and its modern-day dispute origins lie in an agreement made in 1878 between the British North Borneo Company and the Sultan of Sulu [^1^].

What role did the British North Borneo Company play in the Sabah dispute?

The British North Borneo Company was a British colonial trade and development company that, in 1878, made an agreement with the Sultan of Sulu for access to the region rich in resources like rubber, which led to significant profits from the rubber industry. The legal documents involved in the 1878 agreement were poorly worded, leading to a debate on whether the agreement constituted a lease or an outright sale of the land, which is still contested today [^1^].

How did the dispute evolve after World War II?

After World War II, the British North Borneo Company closed its business, and Sabah became the British Crown Colony of North Borneo. It later joined the creation of the independent Federation of Malaysia in 1963. The Philippine government, which included Sulu, began pressing its claim over Sabah, initiating the official claim under President Joshua Mahapagal in 1962 [^1^].

What is the current status of the Sabah dispute in terms of legal claims and territorial control?

As of now, the Malaysian government insists that the sovereign status of Sabah is a non-issue, while the Philippines has tried to bring up the case in international courts. Malaysia is not willing to enter into negotiations regarding the matter. Additionally, the dispute involves the rights of the heirs and descendants of the Sultan of Sulu to annual payments for Sabah as stipulated in the 1878 agreement. The recent international arbitration ruling in 2022 stated that Malaysia owed 14.9 billion dollars to the heirs of the Sultan of Sulu [^1^].

What are the implications of the Sabah dispute for the native and indigenous people of the region?

The Sabah dispute has significant implications for the native and indigenous people of the region, who have been caught in the middle of the conflict caused by centuries of colonialism and decades of modern geopolitics. The mainstream narrative of the conflict often gives little attention to these marginalized people on both sides of the border in both Sabah and the Sulu Archipelago [^1^].

What was the context of the 1878 agreement between the Sultan of Sulu and the British North Borneo Company?

In 1878, the Sultan of Sulu entered into an agreement with the British North Borneo Company, which was a British trading company, for the exploitation of resources in territory under his control, including what is now the oil-rich Malaysian state of Sabah. This deal was considered significant and was described as the 'most important transfer obtained by a commercial company since the days of the British East India Company' [^10^].

Why did Malaysia stop the annual payments to the heirs of the Sultan of Sulu in 2013?

Malaysia stopped the annual payments to the heirs of the Sultan of Sulu in 2013 after an armed incursion by supporters of the former sultanate who wanted to reclaim land from Malaysia. The Malaysian government ruled that Sabah was solely theirs and that they would put a stop to the payments, arguing that no one else had a right over Sabah, which was part of its territory [^10^].

What is the current legal situation regarding the Sulu claimants' attempts to seize Malaysian assets?

The Sulu claimants' attempts to seize Malaysian assets have faced several legal setbacks. The Paris Court of Appeal decided in favor of Malaysia and set aside a Paris Arbitration Court's purported final award to the so-called Sulu claimants. Additionally, the Hague Court of Appeal dismissed a bid by the claimants, which was another landmark victory for Malaysia, blocking any attempt by the claimants to enforce their claims against the Malaysian government [^15^][^17^].

What is the significance of the New York Convention in relation to the Sulu dispute?

The New York Convention is a United Nations treaty on international arbitration recognized in 170 countries. The February 2022 ruling by a French arbitration court, which ordered Malaysia to pay the heirs of the last Sultan of Sulu, is claimed by the plaintiff to be legally enforceable outside France through this convention. This means that any Malaysian government-owned asset within nations party to the UN convention could be eligible for the purposes of enforcing the award [^2^].

How has Malaysia responded to the international arbitration ruling in favor of the Sulu claimants?

Malaysia has been actively challenging the international arbitration ruling in favor of the Sulu claimants in various courts. The country has secured victories in the Paris Court of Appeal and the Hague Court of Appeal, demonstrating the fundamentally flawed nature of the Sulu claim. Malaysia is pursuing its legal battle to ensure that the purported final award is overturned, considering the case a 'sophisticated abuse of the arbitral process and international law' [^4^][^15^].

Outlines

00:00

📰 Seizure of Malaysian Government Assets: The Sulu Heirs' Legal Claims

This paragraph introduces a legal dispute that has gained international attention due to the seizure of Malaysian government assets in mid-July 2022. The heirs of the Sultan of Sulu are claiming a staggering $14.9 billion from the Malaysian government, a case that has implications beyond the sultan's descendants, involving the region of Sabah, also known as North Borneo. The video series aims to provide an in-depth historical context to this dispute, which also involves a long-standing disagreement between Malaysia and the Philippines. The narrator, a historian, clarifies that the video content is for educational purposes and does not necessarily reflect personal opinions, and encourages further research using provided sources.

05:01

🌏 Sabah: A Region Rich in Natural Resources and Historical Disputes

The second paragraph delves into the geographical and historical significance of Sabah, a region on the northern part of the island of Borneo with vast natural resources, including oil, gas, timber, and palm oil. Sabah's strategic location and wealth have been a source of territorial disputes since the pre-colonial period. The paragraph outlines the historical emergence of the Sultanates of Brunei and Sulu in the 14th century and their influence over the region. It also mentions the political unity and subsequent disintegration of these sultanates, setting the stage for the ongoing territorial dispute.

10:02

📜 The 1878 Agreement and the Origins of the Sabah Dispute

This paragraph discusses the pivotal 1878 agreement between the British North Borneo Company and the Sultan of Sulu, which is central to the modern dispute over Sabah. The agreement's ambiguity, whether it constituted a lease or an outright sale of the land, has led to ongoing legal debates. The paragraph also explains the involvement of the Sultan of Brunei and the territories that were part of the agreement. It highlights the confusion and the legal battles that have persisted since the 1880s, including the recent arbitration ruling in 2022.

15:04

🏰 Post-World War II Sabah and the Philippine Claim

The fourth paragraph examines the post-World War II period, during which Sabah became a British Crown Colony and later part of the independent Federation of Malaysia in 1963. It details the Philippines' claim over Sabah, initiated by President Joshua Mahapagal in 1962, who was a descendant of the historical union between the Sultanates of Brunei and Sulu. The paragraph also touches on the complex historical agreements, including the Spanish Crown's recognition of Sabah as a British protectorate and the subsequent Madrid Protocol, adding layers to the territorial dispute.

20:06

🛡️ Armed Conflicts, Legal Battles, and the Impact on Indigenous People

The final paragraph summarizes the escalation of the Sabah dispute, including the 2013 armed encounter known as the Lahad Datu standoff, which led to the cessation of annual payments from Malaysia to the heirs of the Sultan of Sulu. It reflects on the complexities of the dispute, the role of colonialism, and the impact on the indigenous people of Sabah and the Sulu archipelago. The narrator emphasizes the importance of pursuing claims peacefully and diplomatically, and the need to consider the well-being of those affected by the conflict.

Keywords

💡Sulu

Sulu is a province in the southwestern part of the Philippines and historically the seat of the Sultanate of Sulu. In the context of the video, Sulu is significant as it is the ancestral home of the sultans who have claims over Sabah. The script mentions the heirs of the Sultan of Sulu and their ongoing legal claims to an enormous financial settlement from the Malaysian government, highlighting the historical and current ties between Sulu and the Sabah dispute.

💡Sabah

Sabah, also known as North Borneo, is a state in the federation of Malaysia located on the northern end of the island of Borneo in Southeast Asia. The video discusses the territorial dispute over Sabah, which is abundant in natural resources like oil, gas, timber, and palm oil. The script explains the historical roots of the dispute and its modern implications, including the legal claims of the heirs of the Sultan of Sulu and the Philippines' historical and legal basis for their claim over the region.

💡British North Borneo Company

The British North Borneo Company was a British colonial trade and development company established in the late 19th century. In the script, it is mentioned as having made agreements with the Sultan of Brunei and the Sultan of Sulu in 1878, which are central to the modern dispute over Sabah. The company's acquisition of Sabah and the subsequent payments made to the Sultans of Sulu are key to understanding the current legal battles and the international arbitration ruling.

💡Operation Merdeka

Operation Merdeka was a plot by the regime of Philippine President Ferdinand Marcos to arm militants for a small-scale invasion of North Borneo. The script refers to this as an example of how the Sabah dispute could have escalated into a full-blown war, illustrating the high stakes and potential for conflict in the region. The operation was never realized due to a mutiny and subsequent uprisings in the Muslim-majority regions of southern Philippines.

💡International Arbitration

International Arbitration refers to the process of resolving disputes between parties from different countries through a neutral third party. The script mentions an international arbitration ruling that Malaysia owed 14.9 billion dollars to the heirs of the Sultan of Sulu, stemming from the 1878 agreement. This ruling is a significant development in the ongoing dispute over Sabah and the financial claims of the Sultan's descendants.

💡Sultanate of Brunei

The Sultanate of Brunei is a historical and current monarchy in Southeast Asia, which had significant influence over the region, including parts of Borneo. The script discusses the role of the Sultanate of Brunei in the pre-colonial period and its relationship with the Sultanate of Sulu, particularly in the context of territorial disputes over Sabah and the agreements made with the British North Borneo Company.

💡Sultanate of Sulu

The Sultanate of Sulu was a powerful Islamic state in the southern Philippines that expanded to include parts of Borneo. The video script details the historical emergence of the Sultanate of Sulu and its role in the territorial dispute over Sabah. The sultanate's claims and the subsequent agreements with the British North Borneo Company are central to the current legal and territorial issues discussed in the video.

💡Malaysia

Malaysia is a Southeast Asian country that currently includes Sabah as one of its states. The script discusses the historical inclusion of Sabah in the creation of the independent federation of Malaysia in 1963 and the ongoing dispute with the Philippines over the sovereignty of Sabah. Malaysia's stance on the issue and its refusal to enter into negotiations concerning the matter are highlighted in the video.

💡Indigenous People

Indigenous people refers to the native populations of a particular region, often with a distinct cultural heritage. In the context of the video, the script emphasizes the impact of the Sabah dispute on the indigenous people of both Sabah and the Sulu Archipelago, who have been caught in the middle of the conflict caused by colonialism and modern geopolitics.

💡Colonialism

Colonialism is the policy or practice of acquiring full or partial control over another country, occupying it with settlers, and exploiting it economically. The script discusses the role of colonial powers, particularly the British, in the historical context of the Sabah dispute, highlighting how colonial-era agreements and actions have led to the current territorial and legal disputes.

Highlights

The ongoing legal claims of the heirs of the Sultan of Sulu for a financial settlement from the Malaysian government amounting to 14.9 billion dollars.

Sabah, also known as North Borneo, is a region rich in natural resources like oil, gas, timber, and palm oil, located on the northern end of the island of Borneo.

Sabah is currently a state in the Federation of Malaysia and is less than an hour's sail from the Philippines.

Historically, Sabah was the source of a territorial dispute between the Sultanates of Sulu and Brunei, which emerged in the 1300s and 1400s.

The British North Borneo Company, established by Alfred and Edward Dent, acquired control over Sabah in 1878 for its rubber resources.

The 1878 agreement between the British North Borneo Company and the Sultan of Sulu was poorly worded, leading to legal debates over whether it was a lease or sale of the land.

The Philippines initiated its official claim over Sabah under President Joshua Mahapagala in 1962, prior to the formation of the Federation of Malaysia.

The Philippines' claim over Sabah is based on historical and legal grounds, including an agreement with the Spanish Crown in 1878.

In the late 1960s, the Sabah dispute nearly escalated into a full-blown war with the secret arming of militants in the Philippines for a small-scale invasion of North Borneo.

In 1977, Philippine President Ferdinand Marcos declared intentions to drop the claim over Sabah, but the dispute was never officially settled.

Malaysia insists on the non-issue of Sabah's sovereignty, while the Philippines has tried to settle the dispute in international courts.

The heirs of the Sultan of Sulu have been receiving annual payments for Sabah as per the 1878 agreement until 2013, when Malaysia stopped the payments after an armed encounter.

The 2013 Lahad Datu incident, involving armed men from Sulu and the Malaysian military, resulted in casualties, a military standoff, and a diplomatic crisis.

The international arbitration ruling in 2022 stated that Malaysia owed 14.9 billion dollars to the heirs of the Sultan of Sulu for the rights to Sabah.

The Sabah dispute has long-lasting consequences rooted in colonialism and unclear land tenure, affecting the rights and well-being of the indigenous people of Sabah and the Sulu Archipelago.

The video series aims to provide a better understanding of the history behind the dispute over Sabah and its modern-day social, geopolitical, and humanitarian impacts.

Transcripts

in the past few weeks readers of

southeast asian newspapers and people on

social media all over the world may have

come across a long-running dispute and

rather unexpected headlines in mid-july

of this year 2022 many woke up to the

headlines about the unexpected move to

seize malaysian government assets around

the world this involves the ongoing

legal claims of the heirs of the sultan

of sulu to an enormous financial

settlement from the government of

malaysia what shocked many was that the

sum involved is an eye-watering 14.9

billion dollars but the implications of

the case stretch far beyond the sultan's

descendants themselves it all relates to

the region now known as saba aka north

borneo and it also involves a

long-running dispute between the

federation of malaysia and the republic

of the philippines

so where exactly is sabah and why are

people i mean why are countries still

fighting over it

[Music]

welcome back to another history video it

is me kirby aralio your friendly pinoy

historian and if you are new to my

channel and this channel i make videos

about our people's history culture and

everything in between from the

philippines and across southeast asia so

welcome to part one of my three-part

series about sabah aka north borneo and

in today's video we'll be going over an

overview of the history behind the saba

dispute so why exactly are we talking

about sabah i understand that today's

topic is complicated and quite

controversial but i do hope that this

series of videos about saba will help

many of you to dig deeper and understand

this issue better so i'll be including a

list of credible sources and recommended

readings for those of you who are

genuinely interested to learn more let

me also just clarify that today's video

does not necessarily reflect my own

stand and my own personal opinions

regarding the matter but rather as a

historian this is my way of providing my

viewers with a better understanding of

the history behind the dispute over

sabah and again this is just part one

the first among a series of videos i

plan on making regarding this topic and

then in part two we will be digging

deeper into the historical roots of this

conflict and the pre-colonial history of

sabah sulu brunei and what are now

malaysia and the philippines and after

that in part three we will be learning

more about the recent development and

explore the modern day social

geopolitical and humanitarian impacts of

this issue including the recent

arbitration ruling so stay tuned for

more and if you want to help me make

more videos like this to support my

channel and my research please be my

patron on patreon or be a member of my

youtube channel or get copies of any of

my books coloring books and ebooks or

any of the merch linked down below

maraming salamat po or in bahasa milayou

tirimakasi

so where exactly is saba and why are

people i mean why are countries still

fighting over it

so for those who may not be familiar

saba is a region abundant in oil in fact

its capacity is equivalent to about 40

of malaysia's crude oil production the

land of saba abundant in natural

resources like oil gas timber palm oil

and many more lies on the northern end

of the island of borneo in southeast

asia located just south of the

philippines and currently it is also a

state in the federation of malaysia and

literally less than an hour's sale from

the pseudo archipelago historically

speaking throughout the pre-colonial and

colonial period sabah aka north borneo

had been the source of a territorial

dispute between the sultans of sulu and

brunei both sultanates emerged in the

period of islamic expansion across

southeast asia in the 1300s and the

1400s on one hand the sultanate of

brunei was established by sultan

muhammad shah in the 1360s with its

power base located on the western coast

of borneo and it eventually conquered

much of the island of borneo

particularly the coastal regions the

sultanate of sulu on the other hand

emerged from the sudo archipelago found

dead in the 1400s by the revered muslim

scholar and explorer sultan sharif ul

hashem who was also a known descendant

of the prophet muhammad the sultanate of

sulu would later expand to include the

surrounding islands of what is now

southern philippines and the coastal

areas of borneo in what are now malaysia

and indonesia by the 1500s the royal

houses of brunei and sulu were

practically united this was a direct

result of the union between sultan

bulkie of brunei and putri leila

manchenai of zulu in the late 1400s and

already made a video about them their

legendary love story and their impact in

the history of southeast asia so make

sure to check it out after this video

however this political unity of sulu and

brunei would eventually disintegrate and

conflict would soon brew between the

descendants of sultan bolkiah and putri

lelem and chennai asulu became

increasingly more powerful while around

the same time recurring internal

conflicts plagued the royal court in

brunei nonetheless unknown to many

despite such rivalries these inter

marriages between the royal houses of

sulu brunei and luzon would still

continue on for generations if not for

centuries thereafter in the 1600s and

especially in the 1700s the region we

now call saba along with other

territories like the island of palawan

became a major source of dispute between

the rival powers and again in part 2 of

this series we will do a deeper dive

about this earlier conflict and learn

more about how saba or north borneo how

it was given by the sultan of brunei as

a gift to the sultan of sulu in the late

1600s now the origins of the modern day

dispute over saba lie in an agreement

that was made in 1878 between the

nascent british north borneo company and

the sultan of zulu the british north

borneo company aka the north borneo

chartered company was a british colonial

trade and development company that

during this time was just being

established by alfred and edward dent in

partnership with a german businessman

and diplomat baron gustav von overbeck

and known to many there were actually

several agreements that pertain to the

territory we now call saba in the late

1870s so the first one was between the

british company and sultan abdulmumin of

brunei in december of 1877 and then

another one between the british company

and sultan jamal ulazam aka sultan

jamalullah of salud the following month

in january of 1878. it is also important

to note that contrary to popular belief

especially in the philippines the

disputed part of sabah or north borneo

is actually not the entire modern day

malaysian state of sabah but actually

the northern in the eastern regions of

north borneo or sabah as shown in this

map submitted to the international court

of justice or icj in 2001

but anyway back to 1878 the british

north borneo company wanted to have

access to what was otherwise an

undeveloped region surrounded by waters

teeming with so-called pirates for the

simple reason that there was a lot of

rubber available in north borneo and

then over the next several decades they

would make an enormous amount of money

from the rubber industry and the

production of other goods like tobacco

and coconuts much of this was driven by

the robber boom of the early 1900s due

to henry ford's automobile revolution

that took hold at a particularly highly

profitable time so while the british

north borneo company was making a lot of

money in the late 19th and early 20th

centuries a dispute was also humming

along in the background in 1878 when the

company had come into possession of saba

it was not entirely clear to the british

who this part of borneo even belonged to

in order to officially grant it away

hence the two separate agreements won

between the british company and the

sultan of brunei for the western coast

of sabah and another one between the

british company and the sultan of zulu

for the northern and the eastern regions

of sabah which actually pretty much

makes up the majority of the north

borneo territory but we will talk more

about this in my next video so stay

tuned now to make matters even more

confusing the legal documents which were

involved in the 1878 agreement were

either intentionally or unintentionally

poorly worded with the result that it is

still a matter of considerable legal

debate today you know whether the

agreement constituted a lease of the

land aka renting the land from the

sultan of sulu or an outright session or

sale of the land in the form of a lease

in perpetuity and as a result of all of

this from the 1880s onwards and up until

the present day as we've seen in the

recent headlines legal battles are still

being fought to this very day

okay so the british took over sabah in

the 1800s but then they left after world

war ii so what exactly happened after

world war ii let's find out

the saba dispute took on an even greater

significance in the aftermath of world

war ii the island of borneo had been

absolutely devastated during the war and

the british north borneo company

immediately closed up its business saba

then became the british crown colony of

north borneo and it remained as such

until 1963 when sabah along with the

other british colonies in southeast asia

was fully included in the creation of

the independent federation of malaysia

in anticipation of this move to include

saba in the creation of a new country

called malaysia the philippine

government which by now included sulu

had begun pressing its claim over sabah

and this official claim of the republic

of the philippines began under president

joshua mahapagal in 1962. mahapagal

officially initiated the claim right

before the formation of what is now the

federation of malaysia in 1963.

interestingly unknown to many gestato

mahapagalu was himself a direct

descendant of sultan bulky of brunei and

putri leila mentioned i of sulu through

mahapagar's own ancestor la radula

and in the early 1960s sultan muhammad

ismail kiram of sulu sought the help of

a very distant cousin then philippine

president giusthado mahapagal regarding

sulu's claim over sabah and thus in 1962

the sultanate of sulu officially ceded

to the republic of the philippines the

rights to the title of sovereignty and

dominion over north borneo or sabah now

this claim has a strong historical and

legal basis which we will be discussing

in part 2 and part 3 of this series but

it is also worth noting that as early as

the 1940s and the 1950s the philippines

was already pursuing its own claim over

saba so unknown to many in 1878 around

the same time that the british north

borneo company was acquiring control

over what is now sabah the sultan of

sulu had also entered an agreement with

the spanish crown making the sultanate

of selu officially a protectorate of the

spanish empire now to confuse things

even further spain subsequently signed

the madrid protocol with the british and

the germans in 1885 recognizing that

sabah was an area of british influence

as such malaysia and the philippines

both have numerous claims and

counterclaims through which they could

argue that sabah was their territory in

international law and so in the late

1960s it appeared as though the dispute

over sabah could escalate into a

full-blown war as the regime of

makapagal successor then philippine

president ferdinand marcus senior

secretly began arming militants in the

philippines with the goal of launching a

small-scale invasion of north borneo and

this plot was known as operation meldeka

however this never materialized as the

young men which were being trained for

operation merdeka mutinied leading to

the infamous jibida massacre in 1968 and

the subsequent uprisings in the muslim

majority regions of southern philippines

and you can learn more about this in a

separate video i made about operation

mardeka just a few months ago so if you

haven't seen it yet make sure to watch

it after this video interestingly in

1977 during the asean summit held in

kuala lumpur malaysia philippine

president marcus senior declared his

intentions to drop the claim over saba

thereafter tensions between malaysia and

the philippines somewhat cooled down but

in reality the philippines has never

officially dropped its claim over sabah

indeed it was even reaffirmed by the

philippine supreme court in 2011. now

for its part malaysia insists that the

sovereign status of saba is a non-issue

the philippines on the other hand had

tried to bring up the case and settle

the issue in international courts but

malaysia isn't willing to enter into

negotiations concerning the matter now

the other ever-running dispute of course

concerns the rights of the heirs and

descendants of the sultan of sulu to the

annual payments for saba as stipulated

in the 1878 agreement and their claim is

bolstered by the fact that the british

north borneo company paid the sultans of

sulu for the rights to saba in 1878 and

continued to pay for the control of the

region every year since then and since

the 1960s these legal claims have been

made against the federation of malaysia

which asks the successor to the british

interest in the region is liable for the

sum owed to the heirs and the

descendants of the sultan of sulu

unknown to many even to the people in

malaysia and in the philippines these

annual payments were made every year

from 1878 until 2013 but continuing

litigation resulted in the international

arbitration ruling that malaysia owed

14.9 billion dollars to the heirs of the

sultan of sulu in 2022

so if they were still paying from 1878

to 2013 then what exactly happened in

2013

why did malaysia stop paying the heirs

of the sultan of sulu in 2013.

in a surprising and somewhat bizarre new

episode in the long running dispute over

sabah an armed encounter occurred in

2013 between the malaysian military

against a group of approximately 200

armed men from sulu these men were the

followers of the late jamal kiram iii a

claimant to the title of sultan of sulu

and who was among the descendants of the

nine principal heirs of sultan jamal

kiran ii the last sovereign sultan of an

independent sultanate of sulu however it

is also worth noting that since the

death of sultan mahakutakiram of sulu in

1986 there has been a succession crisis

to the throne and the title of sultan of

sulu but this did not mean that there

were no legal heirs of sultan jamal

kiran ii to whom the annual payments for

saba are legally owed to according to

the 1878 agreement in fact as mentioned

earlier the annual payments continued

until 2013. nevertheless the 2013 lehigh

data incident resulted in dozens of

casualties a military standoff and a

diplomatic crisis consequently the

malaysian government stopped the annual

payments to the descendants of the

sultan of sulu regardless of their

involvement or innocence in the armed

encounter and thus the dispute involving

the annual payments owed to the heirs of

the sultan of sulu by malaysia just like

the dispute over the sovereignty of saba

between the federation of malaysia and

the republic of the philippines seems no

closer to resolution in 2022 than it has

ever been over the last several decades

it just goes to show that a poorly

worded legal document rooted in

colonialism and unclear land tenure can

have long lasting consequences and sadly

throughout the mainstream narrative of

this conflict very little attention is

given to the native and indigenous

people of sabah and the sulu archipelago

millions of marginalized people on both

sides of the border who were sadly

caught in the middle of the seemingly

never-ending crisis a conflict caused by

centuries of colonialism and decades of

modern day geopolitics and one more

thing before i go i mean you know since

we all know how many tend to get heated

in the comments section of any videos

mentioning sulu or saba you know before

you get angry let me just make it clear

that i am not saying that we do not have

a claim over saba but within the context

of these historical events saba is

technically still de facto part of

malaysia regardless of the validity and

the strength of our claims the world

currently sees saba as de facto part of

malaysia which means that the federation

of malaysia has effective control over

sabah and the legal jurisdiction over

its citizens we must also remember that

international law requires countries

like the philippines to pursue such

claims and disputes through diplomatic

or peaceful means therefore any

unilateral use of force such as the

attempted operation merdeka by ferdinand

marcus senior in 1968 and even the

lahattato incident in 2013 could be

interpreted especially by malaysia as an

invasion or an act of violence against

the territorial integrity of another

nation state just to be clear i am not

saying that we do not have a rightful

claim over sabah you know as a historian

and a direct descendant of both the

sultans of sulu and the sultans of

brunei i fully understand the strength

of our historical claims over dorth

borneo but also as someone who

diligently studied international law i

also understand the precarious nature

and the complexities of this dispute

because nothing in this dispute is black

and white and you know to be honest my

main concern in this whole issue in this

decades-long conflict you know my main

concern are the rights and the

well-being of the people caught in the

middle millions of marginalized people

on both sides of the border in both

sabah and the sudo archipelago so stay

tuned for my next videos as we dig

deeper into the long history of this

conflict and get a better understanding

of its impact on the people particularly

the local and indigenous people of sulu

and north borneo

and that is it for me today so let me

know what you think about today's topic

in the comments below and again this is

just part one of my three-part series

about the dispute over saba aka north

borneo so stay tuned for parts 2 and 3

to dig deeper and learn more and of

course if you like this video or learn a

thing or two don't forget to like share

this video comment down below and please

subscribe help me reach that 100 000

subscribers mark by the end of this year

so more people can learn more about our

people's history culture and everything

in between from the philippines and

across southeast asia

but of course before we go today shout

out goes to sham is from malaysia johan

from indonesia anjo from the philippines

ryan fillmore from california and

special shout out and special thanks to

my patreon on patreon jake vermes is

of course this video this channel will

not be possible without the love and the

support of all my patrons and all my

subscribers throughout these years

see you next time

jumpa lagi

you