North Borneo dispute

The status of the territory of Sabah, previously known as North Borneo, is currently disputed between Malaysia and the Philippines. Presently, Sabah is one of the states that formed Malaysia in 1963. Despite that, the Philippines and the heirs of the Sultanate of Sulu have made claims to the territory though the claim is currently dormant.

History

On 23 January 1878, in exchange for modern weapons with which to keep Spanish colonizers away from the Sulu Archipelago, the ruler of Sulu, Sultan Jamalul Alam, leased the territory of North Borneo to Gustavus von Overbeck, an Austrian who was then the Austro-Hungarian Empire's consul-general in Hong Kong. This was accomplished via a trading company belonging to von Overbeck's British partner Alfred Dent, and later via the British North Borneo Company. Von Overbeck procured the necessary firearms and also paid the Muslim dignitary an annual sum equivalent to 5,000 Malaysian dollars (now known as ringgit).

The key word in the agreement was "padjak," which has been translated by American, Dutch and Spanish linguists to mean "lease" or "arrendamiento." The agreement further states explicitly that the rights to the territory may not be transferred to a nation or another company without the sultan's express permission. In 1906 and in 1920, the United States formally reminded Great Britain that North Borneo did not belong to the Crown and was still part of the Sultanate of Sulu. However, the British did turn Sabah into a Crown Colony. [1]

In 1939, a court judgement on the claim had handed ownership of North Borneo to the heirs of the Sultanate prior to the formation of Malaysian federation in 1963. The judgment of Chief Justice C.F.C. Makaskie of the High Court of North Borneo in the civil suit filed by the late Dayang Dayang Hadji Piandao and eight other heirs of the Sultan of Sulu, including the famous Putlih (Princess) Tarhata Kiram, upheld the validity of the claim of the heirs. [2]

In 1906 and in 1920, the United States formally reminded Great Britain that North Borneo did not belong to the Crown and was still part of the Sultanate of Sulu. However, the British did turn Sabah into a Crown leased Colony. The Philippine Constitution of 1941 states that the national territory of the Philippines included, among other things, "all other areas which belong to the Philippines on the basis of historical rights or legal claims." Malaysia was federated in 16 September 1963. Even before Sabah was incorporated into Malaysia, the Philippines sent delegations to London reminding the British Crown that Sabah belonged to the Philippines. [3]

Malaysia insists that Sabah is under the sovereignty of Malaysia based on the fact that under agreements that Baron von Overbeck and Alfred Dent secured with the Brunei Sultanate on 29 December 1877 and the Sulu Sultanate on 22 January 1878, the sultanate of Sulu agreed to lease Sabah to Malaysia. The British Crown renewed the lease on 15 July 1946, but finally ceded Sabah to Malaysia on 16 September 1963. Malaysia is still believed to be paying the annual rent to the Sultan of Sulu.

In the years immediately prior to the formation of Malaysia, two commissions of enquiry visited North Borneo (along with neighbouring Sarawak) in order to establish the state of public opinion there regarding merger with Malaya (and Singapore). It is important to note that neither commission was mandated with addressing the legal status of North Borneo; neither were they 'referendums' in the proper sense. The first commission, usually known as the Cobbold Commission was established by the Malayan and British governments and was headed by Lord Cobbold, along with two representatives of Malaya and Britain (but not either of the territories under investigation). The Commission found that 'About one third of the population of each territory [i.e. of North Borneo and of Sarawak] strongly favours early realisation of Malaysia without too much concern over terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards... The remaining third is divided between those who insist upon independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come' . Indonesia and the Philippines rejected the findings of the Cobbold. In 1963, a tripartite meeting was held in Manila between Indonesian president Soekarno, Philippines president Macapagal and Malayan Prime Minister Tunku Abdul Rahman. The meeting agreed to petition the UN to send another commission of enquiry and the Philippines and Indonesia agreed to drop their objection to the formation of Malaysia if the new commission found popular opinion in the territories in favour. The UN Mission to Borneo was thus established, comprising members of the UN Secretariat from Argentina, Brazil, Ceylon, Czechoslovakia, Ghana, Pakistan, Japan and Jordan. The Mission's report, authored by UN Secretary-General U Thant found ‘a sizeable majority of the people' in favour of joining Malaysia. Although Indonesia and the Philippines subsequently rejected the report's findings – and Indonesia continued its semi-military policy of konfrontasi towards Malaysia – the report in effect sealed the creation of Malaysia.

Developments

Sabah's position within Malaysia was reinforced by the ruling made by the International Court of Justice for Pulau Sipadan and Pulau Ligitan to remain under the jurisdiction and sovereignty of Malaysia rather than Indonesia. However, Malaysia continues to consistently reject Philippine calls to bring the matter of Sabah's jurisdiction to the ICJ.

See also

• North Borneo Federation