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Sabah Under Attack >>>

A rebuttal from the legal and international laws perspective against Sulu Sultan's claim on Sabah

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http://www.todayonline.com/world/asia/why-sulu-sultanate-claims-sabah

James Wong KW · Queen Mary, University of London

#####1878 – Spanish Sovereignty over all of Jolo #####.

International Court of Justice in 2003 confirmed that, undisputedly, the Sultan of Sulu relinquished the sovereign rights over all his possessions in favour of Spain, based on Bases of Peace and Capitulation signed by Sultan of Sulu and Spain in Jolo on the 22 July 1878.

######## 1885 – Madrid Protocol #########.

The Sulu Sultanate later came under the control of Spain in Manila. In 1885, Great Britain, Germany and Spain signed the Madrid Protocol to cement Spanish influence over the islands of the Philippines. In the same agreement, Spain relinquished all claim to North Borneo which had belonged to the Sultanate in the past.[36].

The Spanish Government renounces, as far as regards the British Government, all claims of sovereignty over the territories of the continent of Borneo, which belong, or which have belonged in the past to the Sultan of Sulu (Jolo), and which comprise the neighbouring islands of Balambangan, Banguey, and Malawali, as well as all those comprised within a zone of three maritime leagues from the coast, and which form part of the territories administered by the Company styled the “British North Borneo Company.”.—Article III, Madrid Protocol of 1885.

Based on the MADRID PROTOCOL of 1885, the “Sulu Sultanate” has relinquished all claims to North Borneo and neighboring islands of Balambangan, Banguey, and Malawali, as well as all those comprised within a zone of three maritime leagues from the coast.

####1888 – United Kingdom Sovereignty over Borneo ####.

In 1888 North Borneo became a protectorate of the United Kingdom.

######1898 – Spain Sold Philippines, sulu islands ######.

A year prior, in December 1898, and with the Tausug (people of Jolo and neighboring islands) unaware that they were among the pawn peoples whose fates were being decided at a table thousands of miles away, the Treaty of Paris was signed, which included their beloved string of islands. In the Treaty of Paris, Spain ceded Cuba, Puerto Rico and Guam to the U.S.; and for $20 million the entire Philippines. Included in this cession were the territories of Mindanao and Sulu, which actually had not been in full Spanish control. About two years later, on November 7, 1900, the U.S. paid an additional $100,000 to Spain to include in the 1898 cession the Sulu islands stretching as far west as Sibutu and Cagayan de Sulu.

######## 1899 – Kiram-Bates Treaty ########.

The U.S. “won” the Spanish-American War in the battle of Manila Bay. In order to concentrate its limited forces in the north, and to hold at bay the Moro resistance to its colonization in the Sulu Archipelago, the United States resorted to the device of a treaty. Known as the Bates Treaty, it was the first step towards the dissolution of Moro (Muslim population of the southern Philippines) sovereignty and the dismantling of the Sulu Sultanate.

Sultan Jamalul Kiram II, signed in 1899, the whole of Jolo and its dependencies have been placed under the sovereignty of the United States. Article I of the treaty known as the Kiram-Bates Treaty, says: “The sovereignty of the United States over the whole Archipelago of Jolo, and its dependencies, is declared and acknowledged.”.

######## 1917 – Abolition of the Sulu Sultanate ########.

The sovereignty of the Sultanate was dissolved in 1917. The last sultan recognized by the Philippine government is Moh. Mahakuttah A. Kiram, who reigned from 1974-1986. On 24 May 1974, Philippine President Ferdinand Marcos issued a Presidential Memorandum Order 427 that recognised Datu Moh. Mahakuttah A. Kiram as the Sultan of Sulu in a public coronation. He is the eldest son of Sultan Moh. Esmail E. Kiram.

On 12 September 1962, Vice President and concurrently Secretary of Foreign Affairs of the Republic of Philippines, Mr. Emmanuel Pelaez together with Sultan Moh. Esmail E. Kiram signed a “Instrument of cession of the territory of North Borneo by His Highness Sultan Moh. Esmail E. Kiram , Sultan of Sulu”.

######## 1963 – Federation Of Malaysia ########.

1946 it became a British Crown Colony. Jesselton replaced Sandakan as the capital and the Crown continued to rule North Borneo until 1963.

On 31 August 1963 North Borneo attained self-government. 1962, the Cobbold Commission was set up to determine whether the people of Sabah and Sarawak favoured the proposed union, and found that the union was generally favoured by the people. Most ethnic community leaders of Sabah, namely, Tun Mustapha representing the Muslims, Tun Fuad Stephens representing the non-Muslim natives, and Khoo Siak Chew representing the Chinese, would eventually support the formation. On 16 September 1963 North Borneo, as Sabah, was united with Malaya, Sarawak and Singapore, to form the independent Federation of Malaysia.

###### 2010 – Philippines government does not recognize SultanJamalul Kiram III ######.

MANILA: Philippines Foreign Secretary Albert del Rosario has taken “full responsibility” for failing to attend to a letter that Sultan Jamalul Kiram III’s brother had sent to President Benigno Aquino in 2010 to seek the Sulu sultanate’s participation in peace talks with the Moro Islamic Liberation Front (MILF).

########History Conclusion########

It is Internationally and Legally evident that Spain relinquished the sovereignty of North Borneo to Great Britain in 1885.

U.S. bought Philippines for $20 milions in 1898 and the remaining sulu islands for $100K in 1900 from the new landlord, Spain.

By 1899, the U.S. dismantled the Sulu Sultanate by forcing Jamalul Kiram II to sign the Kiram-Bates treaty.
The sovereignty of the Sultanate was dissolved in 1917.

Due to the lack of funding, the North Borneo Chartered Company decided to sell its interests to the British government after the Second World War. The territory was placed under control of the colonial office, and became a British crown colony on 15 July 1946 together with islands of Labuan.

The last Governor of North Borneo was William Allmond Codrington Goode who held office from 1959 to 1963.

Great Britain granted transitional administration, Sarawak became independent in 22 July 1963 and North Borneo attained self-government by 31 August 1963.

Two weeks later, on 16 September 1963, by majority vote of the population, Sabah united with Malaya, Sarawak and Singapore, forming the Federation of Malaysia.

All in all, Sulu Sultanate does not exists, at best it is just another group of islanders running out of free land to roam and loiter as a demonstration of free spirits. It is very strange to choose arsenals for survival kits. If they are bored of fishing, their parents or guardians may introduce agriculture for a change. Do they know Oil Palm is a hard day of work, everyday?

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