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^].