Lelg Wri- Sabah's Claim

Embed Size (px)

Citation preview

  • 8/12/2019 Lelg Wri- Sabah's Claim

    1/23

    Sulu sultan in Sabah: We won't go home

    http://www.sunstar.com.ph/breaking-news/2013/02/26/sulu-sultan-sabah-we-wont-go-home-201!1

    "ues#a$% &ebruar$ 26% 2013

    MANILA (Updated 4:09 p.m.)-- Sultan amalul (iram )))% whose group has been hole# up in Sabah% *ala$sia% #e+ie# "ues#a$

    ,resi#ent enigno uino )))s #irectie +or him an# his +ollowers to return to the ,hilippines% sa$ing the$ will not leae the

    islan#.

    uino sai# in a teleise# speech "ues#a$ that the ,hilippine oernment will be pushe# to +ile cases against (irams group

    since their actions can pose threat to national securit$ an# public sa+et$.

    s ,resi#ent an# chie+ e4ecutor o+ our laws% ) hae taske# an inestigation into possible iolations o+ laws b$ $ou% $our

    +ollowers% an# collaborators engage# in this +oolhar#$ act. *a$ ) remin# $ou as well that as a citi5en o+ the epublic% $ou are

    boun# b$ the 7onstitution an# its laws% uino sai#% citing rticle )) o+ Section 2 o+ the 7onstitution.

    ut (iram's $ounger brother% gbimu##in (iram% who is consi#ere# crown prince in the Sultanate o+ Sulu% sai# he an# his

    +ollowers will not leae Sabah% 8because it is ours.9

    We're not ina#ing this place% he sai#% a##ing his group is +ast running out o+ +oo#.

    Sabah is owne# b$ the sultan o+ Sulu% so what crime are we iolating he a##e#.

    ;e sai# the illage o+ "an#uao in

  • 8/12/2019 Lelg Wri- Sabah's Claim

    2/23

    s ,resi#ent an# chie+ e4ecutor o+ our laws% ) hae taske# an inestigation into possible iolations o+ laws b$ $ou% $our

    +ollowers% an# collaborators engage# in this +oolhar#$ act. *a$ ) remin# $ou as well that as a citi5en o+ the epublic% $ou are

    boun# b$ the 7onstitution an# its laws% he sai#.

    "hus% $ou are now +ull$ aware o+ the conseuences o+ $our actions. We hae not $et reache# the point o+ no return% but we are

    +ast approaching that point% sai# the ,resi#ent% who was accompanie# b$ ustice Secretar$

  • 8/12/2019 Lelg Wri- Sabah's Claim

    3/23

    http://www.sunstar.com.ph/manila/local-news/2013/02/23/lawmakers-seek-peace+ul-en#-sabah-stan#o++-26>3

    Satur#a$% &ebruar$ 23% 2013

    "W@ legislators +rom *in#anao are backing a peace+ul resolution to the stan#o++ at Sabah as the =epartment o+ &oreign ++airs

    E=&F appeale# to the *ala$sian oernment to e4ten# its #ea#line to the group o+ arme# &ilipinos in the area.

    ;ouse =eput$ Speaker an# Iamboanga 7it$ epresentatie *a. )sabelle 7limaco sai# although there is a historical claim oerthe area% #iplomatic channels hae to be use# +or the peace+ul resolution o+ the stan#o++.

    8=iplomatic channels hae to be use# through the =epartment o+ &oreign ++airs. We #o not want an escalation o+ tensions in

    our bor#ers thus% e4ercise all means +or a peace+ul resolution%9 sai# 7limaco.

    *alacaJang earlier sai# the ,hilippine oernments claim to Sabah is 8#ormant9 at the meantime.

    *aguin#anao epresentatie Simeon =atumanong also supports the #iplomatic means sought to the current stan#o++ between

    *ala$sian authorities an# +ollowers o+ Sulu Sultan amalil (iram ))).

    8"here shoul# be a #iplomatic #eal with *ala$sia regar#ing #ealing with the men o+ the Sulu Sultanate an# at the same time talk

    with the Sultan to help aoi# a #rastic situation%9 =atumanong% also a +ormer Dustice secretar$% sai#.

    =atumanong sai# the goernment shoul# +in# access to the Sultan to talk to him.

    "he =& on &ri#a$ aske# *ala$sia to e4ten# until "ues#a$ the #ea#line it gae to (irams group. E(athrina lare5/Sunne4F

    Su!u &u!tan &a'& n" rime in Sa*a+ inur&i"n, &ee-& P "t intere&&i"n in &tand"

    $: A*iai! "-, InterA-&'"n."m

    &ebruar$ 26% 2013 11:2A *http://www.interaks$on.com/article/KKAK/sulu-sultan-sa$s-no-crime-in-sabah-incursion-seeks-ph-got-intercession-in-stan#o++

    *?)

  • 8/12/2019 Lelg Wri- Sabah's Claim

    4/23

    maipahayag ng personal sa ating mahal na Pangulo kung ang imumungkahi sa pamamaraan ng paglikas ng mga kapatid na

    andun sa SabahESultan amalul (iram ))) appeals to our beloe# ,resi#ent that be+ore our brothers leae the area to hae a#ialogue between *alacanang an# the Sultanate o+ Sulu. "his is not being stubborn but to personall$ e4press to our beloe#

    ,resi#ent suggestions on how to repatriate our brothers who are in SabahF%9 )#Dirani sai# in an interiew oer ra#io #5**.

    )#Dirani stresse# that the Sulu sultan was +or a peace+ul resolution o+ the stan#o++ but sai# their +orces woul# retaliate i+ attacke#.

    Ang tumbok ay ang recognition ng Malaysia tungkol sa ancestral land ng Sultanate of Sulu oer Sabah E"he +ocus is *ala$sia'srecognition that Sabah is the ancestral lan# o+ the Sultanate o+ SuluF% )#Dirani sai#. "he goernment's intercession% he sai#% was to

    arrie at a principle# un#erstan#ing between *ala$sia an# the Sulu sultanate.

    @n &ebruar$ > this $ear% more than 200 +ollowers o+ the sultanate% le# b$ (irams brother lan#e# in

  • 8/12/2019 Lelg Wri- Sabah's Claim

    5/23

    8)n +act% the$ are acting on our continuing claim to Sabah% which has been #ormant un#er preious a#ministrations%9 sai# 7asiBo%

    a member o+ the ;ouse +oreign relations committee.

    8P"heQ goernment shoul# not turn its back on our *uslim brothers. We shoul# start talks with *ala$sia +or a Dust%

    comprehensie an# peace+ul solution to the issue%9 he sai#.

    8Sabah is populate# b$ &ilipino *uslims an# has rich natural resources that can help proi#e +oo#% Dobs an# materials nee#e# b$

    Pin#ustriesQ%9 7asiBo sai#.

    "he ,hilippines claim to Sabah% ma#e on behal+ o+ the sultanate o+ Sulu% was +irst ma#e #uring the term o+ ,resi#ent =ios#a#o*acapagal in 1>62 be+ore Sabah o++iciall$ became a state o+ *ala$sia.

    8"-en renta!

    *ala$sia continues to pa$ a token annual rent o+ K%300 ringgit E,%000F to the sultanate o+ Sulu as a 8cession +ee.9

    8Succee#ing goernments hae sa#l$ ma#e this claim #ormant through the $ears. )t is high time the goernment% consi#ering our

    nations long-term interests an# respecting the right an# principle o+ ancestral #omain o+ our *uslim brothers an# sisters% reie#

    our claim to Sabah%9 7asiBo sai#.

    8"his is the best wa$ to #iplomaticall$ settle the current stan#o++ that is the reason +or centuries o+ unrest in man$ parts o+

    southern ,hilippines%9 7asiBo sai#.

    7eded t" Su!u

    Harious historical recor#s an# accounts +rom 1!3 to 16KA showe# that Sabah was part o+ the sultanate o+ runei. )n 16KA% the

    sultan o+ runei ce#e# Sabah to the sultan o+ Sulu in compensation +or his help in settling a ciil war in runei.

    )n 1AAK% the coloni5ers Gnite# (ing#om% Spain an# erman$ signe# the *a#ri# ,rotocol% recogni5ing the soereignt$ o+ Spain

    in the Sulu archipelago in e4change +or the relinuishment b$ Spain o+ all its claims to Sabah in +aor o+ the Gnite# (ing#om.

    )n 1AAA% Sabah became the protectorate o+ the Gnite# (ing#om% which then was also occup$ing *ala$sia as its colon$.

    Upper +and

    8;istorical recor#s show that the ,hilippines has the upper han#. *an$ accounts reeal that the sultanate o+ Sulu pre#ates all

    e4isting goernments%9 7asiBo sai#.

    8"he ,hilippine goernment must +ollow through on its o++icial claim to the territor$ not onl$ +or the heirs o+ the sultanate o+

    Sulu% but +or the &ilipino people an# nation%9 he sai#.

    !riginally posted at "#$%& pm ' (hursday) *ebruary +,) +",#

    S AN7N8%AL $MAIN IS MIN$ANA ; SULU AN$

    PALAAN% the$ ha# !%63

    tributaries an# 20%K60 souls in Surigao an#*isamis. )n 1A% the$ ha# K%16!tributaries an# 30%>0! souls in islig%"an#ag% Surigao% utuan% 7amiguin%

  • 8/12/2019 Lelg Wri- Sabah's Claim

    10/23

    7aga$an% )ligan% *isamis% =apitan%

    !1.

  • 8/12/2019 Lelg Wri- Sabah's Claim

    11/23

    epublic.

    "he occupanc$ o+ the *uslim an# non-*uslim tribes in their ancestral lan#sremaine#% theoreticall$% uninterrupte#. )n

    truth% the continuous in+lu4 o+ settlers into

    their lan#s le# not onl$ to their#isplacement but also to their minori5ationan# marginali5ation in their own lan#s.

    "hus% b$ 1>!A% onl$

  • 8/12/2019 Lelg Wri- Sabah's Claim

    12/23

    territor$. "his relationship between the

    Sultan an# his *uslim #atus is essentiall$the same as his relationship with non-*uslim chie+tains% although in mostinstances% it was his #atu-sakop or another

    who e4ercise# #ominance oer the

  • 8/12/2019 Lelg Wri- Sabah's Claim

    13/23

    Su!u and Pa!aan=

    ?aturall$% the +irst occupants who haeenDo$e# up to the present uninterrupte#occupanc$ o+ the same territor$- n#

    these are the in#igenous peoples o+ the

    region: the *oro people an# the3> EbF that portioninhabite# b$ a mi4 o+ )slami5e# tribes%

  • 8/12/2019 Lelg Wri- Sabah's Claim

    14/23

    claim. )t is the presence o+ the more

    numerous 7hristian &ilipino settlers thathas ma#e their claim controersial."he term 8th centur$."heir conerts were the (alagans o+ the

    "agakaolo group Ekaagan means initiatorin tagakaoloF. @ut o+ more than thirt$

    settlements in the 1A0s aroun# the gul+area% at least eleen were purel$ *usliman# nine more were mi4e# with othersEthree with laan% +our with *an#a$a%

    an# two with agoboF. "hese were sprea#out along the coastal stretch +orm *a$oa$ in the east coast% roughl$ where *atiis% westwar# along the coast o+ =aao

    ul+% an# southwar# to Sarangani in

    =aao #el Sur. "he non-*uslims were% onthe whole% #eci#e#l$ more numerous% "he*uslims collecte# tributes +rom the

    *an#a$a as +ar as 7araga controlle# theSamals o+ Samal )slan# who were o+mi4e# *an#a$a an# possibl$ Samaancestr$ but not *uslims% an# were

    continuall$ at war with the laan%*anobo% ta an# "agakaolo. )t was +romthis last tribe% inci#entall$% that the(alagan *uslims came +rom.

  • 8/12/2019 Lelg Wri- Sabah's Claim

    15/23

    ,ortions o+ the ,roinces o+ South7otabato% Sultan (u#arat an# ?orth7otabato were without #oubt encompasse#within the *aguin#anao sultanate. We sa$

    portions because the remain#er were

    occupie# b$ the "boli% Gbo% *anobo%laan% agobo% an# "irura$% an# wecannot tell to what e4tent the$ were

    #ominate# b$ the arious #atus o+ thesultanate. )t woul# help to point out herethat the *aguin#anao% "irura$ an#*anobo #o recogni5e a common ancestr$

    in the brothers "abunawa$ an# *amalu.n# although there were instances in the

    merican perio# when the$ Dointl$ +oughtthe mericans% *anobo an# "irura$

    +olklore are unmistakable in naming the*uslims as their tra#itional enem$.

  • 8/12/2019 Lelg Wri- Sabah's Claim

    16/23

    "irura$ umalan#an o+ the *aranaw an#

    "abunawa$ o+ the *aguin#anao. "hese+our were brothers. ut their tra#ition alsomentions *uslims as ol# time enemies.

    ,alawan% +orm the er$ start% has been

    inhabite# b$ the atak% "agbanua% *olbogan# ,alawani. We nee# not mention theothers who occup$ the northern portion.

    "he *uslims hae alwa$s lie# in thesouthern coasts correspon#ing to thegeneral area o+ borlan southwar# toalabac. 7hristian &ilipino settlers #i# not

    come in large numbers until a+ter theSecon# Worl# War.

    7oering the proinces o+ *aguin#anao%

  • 8/12/2019 Lelg Wri- Sabah's Claim

    17/23

    culture.

    +at N" appen& t" 7+ri&tian

    3i!ipin" Sett!er&=

    ?umbering seeral million% these

    7hristian &ilipino settlers enDo$ thenumerical maDorit$ in most proinces o+

    *in#anao an# ,alawan. *ost o+ themcame in the 20th centur$. ,articularl$ a+ter

    the Secon# Worl# War. ?ormall$% thesepeople Dusti+$ their claims to lan# with

    statements like: the$ bought their lan#s+rom the naties o+ the area there were noactual occupants in the lan#s the$ applie#+or it was the goernment which grante#

    them their homestea#s it was thegoernment that issue# them their licensesto concessions it was the goernment thatgae them leasehol# rights.

    )n other wor#s the$ are all leaning on thelegitimac$ o+ the state's authorit$ to#ispose o+ public lan#s on the legitimac$o+ the state's claim to ancestral #omain as

    state #omain. n# +or this reason an# as&ilipinos who moe# into ,hilippine

    lan#s% the$ #o not see themseles as alienin *in#anao% Sulu an# ,alawan. "he most

    that can be sai# at this point is that the$hae proprietar$% not ancestral rights oer

    the lan#s the$ occup$. pparentl$%7hairman ?ur *isuari recogni5es thiswhen he gae the assurance that propert$rights o+ bona +i#e resi#ents in the angsa

    *oro homelan# will be guarantee#.

    )t is a matter o+ utmost importance that thebasis o+ the ,hilippine claim to *in#anao%

    Sulu an# ,alawan as state #omain be clari-+ie#.

    +at i& t+e ?a&i& " t+e P+i!ippine

    7!aim t" Mindana", Su!u and Pa!aan

    a& State $"main=

    ?othing but the obiousl$ acknowle#ge#legitimac$ o+ the trans+er o+ suppose#Spanish possession to the mericans b$

    the "reat$ o+ ,aris an# the +urther trans+ero+ the same b$ the mericans to the e-

    public o+ the ,hilippines. "his is ane4ercise o+ the egalian #octrine% plainan# simple.

    What is the egalian #octrine

    When *agellan plante# the cross o+

    7hristianit$ at

  • 8/12/2019 Lelg Wri- Sabah's Claim

    18/23

    entire archipelago in the name o+ the king

    o+ Spain% n# b$ irtue o+ this possession%lan#s were #istribute# in the beginning asencomien#as% then later% laws were passe#reuiring lan#owners to #ocument or hae

    a title to their ownership. o$al possession

    or state possession inclu#e# the soleauthorit$ to #ispose o+ the lan# to itsciti5ens.

    "his ma$ be well +or portions o+ thearchipelago which in#isputabl$ +ell withinthe #irect control o+ Spanish colonialism.

    ut we are all aware b$ this time that therewere territories within the archipelago%

    chie+ among them were the lan#s o+ thesultanates an# the )gorots an# those

    inhabitants o+ the interior% which enDo$e#+ree#om% although beleaguere#% +rom

    colonial subDection. So that in the cessiono+ the entire archipelago in the "reat$ o+

    ,aris. "he Spaniar#s were #isposing o+lan#s which neer became their possession

    an# the mericans were pa$ing 20 million#ollars +or lan#s which the$ thought wereowne# b$ Spain at the time o+ the "reat$."here was alrea#$ a +ree though newl$

    born epublic o+ the ,hilippines% therewere the +ree *uslim sultanates% all +ie o+them% an# those o+ others which neer +ellwithin Spanish soereignt$.

    )t is true that the entire ,hilippinearchipelago an# all the peoples% o+ thesame territor$ were conuere# b$ the

    mericans% which is another stor$. ut +orthe epublic o+ the ,hilippines to accept

    the trans+er o+ possessor$ rights +rom themericans in complete #isregar# o+ the

    historical realities be+ore them is to sustainthe legitimac$ o+ the regalian #octrine an#

    uphol# colonialism. Worse% this has beenenshrine# in the 7onstitutions o+ 1>3K%1>3 an# 1>A6. rante# that the G.S.

    preaile# upon the &ilipino lea#ers% which

    is an incontroertible an# still continuingrealit$. "he ,hilippine goernment o+ the

    present can at least go through the motionso+ in#igeni5ing its legal s$stem%

    particularl$ that aspect which concerns

    lan# laws.

    Cen the grant o+ autonom$ to *uslim

    *in#anao an# in the 7or#illera ha# to besuee5e# out o+ the 7onstitutional7ommission. n# the proisions thatemerge# #o not uite re+lect an in-#epth

    stu#$ o+ historical realities.

    &inall$% it shoul# be pointe# out that theregalian #octrine as presentl$ practice# b$

  • 8/12/2019 Lelg Wri- Sabah's Claim

    19/23

    the ,hilippine goernment in#icates little%

    i+ an$% recognition o+ the legitimac$ o+ theancestral lan# claims o+ the

  • 8/12/2019 Lelg Wri- Sabah's Claim

    20/23

    ut when applie# in#isciminatel$ to

    *in#anao% Sulu an# ,alawan% in complete#isregar# o+ historical realities% this caneasil$ be translate# into the rule o+ themight$ or the #emocrac$ o+

    colonialism. &or instance% the

    goernment is aware o+ the pre#ominanceo+ 7hristian &ilipinos in most proinces o+*in#anao an# ,alawan. n# now it insists

    on submitting the issue o+ *uslim auto-nom$ to a re+eren#um. So% what happensne4t "he +un#amental right o+ the *oro

    people to sel+-#etermination is being

    subDecte# to what is euphemisticall$#escribe# as '''#emocratic processes but

    which% in e++ect% is #esigne# to make amocker$ o+ this er$ right.

    What #o we #o now *oros%

  • 8/12/2019 Lelg Wri- Sabah's Claim

    21/23

    s &ilipino mericans% our main concern in bringing about this article is to

    tell that part o+ the histor$ o+ the ,hilippines.

    W;CC )S S;

    Sabah%is the northern part o+ orneo. )t is bor#ere# b$ Sarawak on itssouthwestern si#e% an# (alimantan E)n#onesian orneoF to the south.

    Sabah has a coastline o+ appro4imatel$ A00 to >00 miles an# with theSouth 7hina Sea in the west an# north% the Sulu Sea in the northeast

    an# the 7elebes Sea in the east. Sabah's total lan# area is 6%11K s kmE2>%3AA s milesF. Sabah's population is about 2.K million. )t is 1%>61 km+rom ;ong (ong% 1%1!3 km +rom *anila% 1%!>K km +rom Singapore% 1%6A km+rom (uala 1 km +rom "aipei - note that it is nearer to

    *anila than *ala$sia's capital o+ (uala

  • 8/12/2019 Lelg Wri- Sabah's Claim

    22/23

    "he claim was base# on seeral historical +acts an# court Du#gement.

    "he lease agreement is #e+initel$ a proo+ otherwise there will be no basis +or an$

    agreement i+ such ownership was not establishe# at all. "he contract was between Sri,a#uka *aulana l Sultan *ohamma# amalul lam - representing the sultanate as owner

    an# soereign o+ Sabah on one han#% an# that o+ ustaus aron #e @erbeck an# l+re#=ent% representing the ritish Cast )n#ia 7o. Ethen became the ?orth orneo 7o.F% on

    the other as lessee o+ Sabah% was e4ecute# on une 22% 1AA. "hough the ritish turne#oer the possession an# goernment o+ Sabah to the +e#eration% the *ala$sians hae not

    remisse# in pa$ing the annual rental.

    "he 1>3> court Du#gement on the claim ha# han#e# ownership o+ ?orth orneo to the heirso+ the Sultanate prior to the +ormation o+ *ala$sian +e#eration in 1>63. "he Du#gment

    o+ 7hie+ ustice 7.&.7. *akaskie o+ the ;igh 7ourt o+ ?orth orneo in the ciil suit+ile# b$ the late =a$ang =a$ang ;a#Di ,ian#ao an# eight other heirs o+ the Sultan o+Sulu% inclu#ing the +amous ,utlih E,rincessF "arhata (iram% uphel# the ali#it$ o+ theclaim o+ the heirs.

    eing a ritish colon$ #i# the$ +aore# the *ala$sians than returning the lease#territor$ to its right+ul owners as per 1>3> court Du#gement =i# the ritish in+luence#the outcome o+ their sponsore# 1>62 plebiscite to which won b$ those who wante# to

    Doin the *ala$sian +e#eration than be an in#epen#ent state. @ne also has to speculate

    as to wh$ #i# the ritish respecte# a similar treat$ with 7hina b$ returning ;ong (onginstea# o+ con#ucting a plebiscite Dust like the one con#ucte# in Sabah in 1>62% isthe ,hilippines a weak nation that can be ignore# "hese are some uestions that nee#

    to be a##resse# b$ those who hae the man#ate to pursue the ,hilippine claim.

    "he *ala$sian argument be+ore the )nternational 7ourt E"he ;agueF is in the link below."his is base# on the islan#s #ispute# between )n#onesia an# *ala$sia wherein the,hilippines is tr$ing to interene.

    S@ W;M ";C CH)H< @& ";C 7

  • 8/12/2019 Lelg Wri- Sabah's Claim

    23/23

    reie# interest in the Sabah claim% the$ are sa$ing that the ,hilippine goernment o++icials

    as in the past can be bribe# to lose interest in the claim - there is no concrete ei#ence tothis e++ect. "he *ala$sians are hoping that it will #ie a natural #eath +or lack o+ will on

    the ,hilippine claimants to pursue +urther the claim oer the $ears. "he longer the #isputeis settle#% the har#er Eor ma$be lesserF +or the claimants to get an$ settlement.

    Will the heirs get a Dust settlement in +orm o+ monetar$ compensation "he heirs ha# been

    o++ere# mone$ be+ore b$ the *ala$sians an# hae reDecte# the i#ea. Will the settlement comeswith some portion o+ the #ispute# lan# +or #isplace# &ilipino muslims in Sabah )n an$ issue

    inoling propert$ #ispute% possession is eer$thing.

    Will the rro$o a#ministration be transparent in negotiations with the *ahathir goernmentor some kin# o+ a #eal will be struck without consultations with the other parties inole#

    We will see what will transpire in the +uture.http://www.epilipinas.com/sabahclaim.htm