Jamalul Kiram III
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Jamalul Kiram III | |
---|---|
Pretender to the Sultanate of Sulu | |
Pretence | June 15, 1986 – October 20, 2013 |
Predecessor | Aguimuddin Abirin and Mohammad Akijal Atti |
Successor | Ismael Kiram II |
Born | Maimbung, Sulu, Commonwealth of the Philippines | July 16, 1938
Died | October 20, 2013 Quezon City, Philippines | (aged 75)
Issue | Jacel Kiram |
House | Royal House of Kiram |
Father | Datu Punjungan Kiram |
Mother | Sharifa Usna Dalus Strattan |
Religion | Sunni Islam |
Jamalul ibni Punjungan Kiram III (July 16, 1938 – October 20, 2013)[1][2] was a former self-proclaimed Sultan of the Sulu Sultanate[3] who claimed to be "the poorest sultan in the world".[4] He was known as an unsuccessful candidate for senator in the Philippine general elections in 2007. In 2013, Kiram III sparked a controversy when he revived a dispute between the Philippines and Malaysia by leading an intrusion into the eastern part of Sabah. His daughter is Princess Jacel Kiram, a proponent of the Sabah claim of the Philippines in 2016.[5][6][7][8]
Early life
[edit]Jamalul was born in Mainbung, Sulu. He was the eldest son of Datu Punjungan Kiram and Sharifa Usna Dalus Strattan. He is descended from the first Sultan of Sulu, Sharif ul-Hāshim of Sulu from the Banu Hashem tribe, the direct descendants of Muhammad.[1] Kiram III also claimed to have a common ancestor with Brunei's current sultan Hassanal Bolkiah, although this was denied by Brunei.[9]
Jamalul Kiram III | |
---|---|
Personal details | |
Political party | Partido Demokratiko Sosyalista ng Pilipinas |
Alma mater | Notre Dame of Jolo College Manuel L. Quezon University |
Kiram III studied in Jolo Central Elementary School from 1946 to 1951. He finished high school at the Sulu High School in 1955 and took up pre-law from 1956 to 1958 at Notre Dame of Jolo. He studied for a Bachelor of Law degree from Manuel L. Quezon University (MLQU) in 1964 but was unable to finish it and pursued a career in dance instead.[2] He was married to Dayang Hadja Fatima Celia H. Kiram, and resided in Taguig, Metro Manila.
As pretender
[edit]In the 2007 elections, he unsuccessfully ran as Senator under the banner of TEAM Unity.[10] After the family meeting, Kiram III once again became the self-proclaimed Sultan alongside Ismael Kiram II. He also declared Rajah Mudah Agbimuddin Kiram as "crown prince".[5]
Beginning on February 9, 2013, approximately 200 men led by his brother, Agbimuddin Kiram intruded into neighbouring Sabah in Malaysia by entering illegally into Lahad Datu, in an effort to assert the former Sulu Sultanate's claim to the state. Kiram was reported to have directed them to intrude and not leave, claiming that "Malaysia is only renting Sabah" from the heirs of the Sultanate. The men, many of whom were heavily armed, engaged in a standoff with Malaysian police and armed forces which saw the death of 56 of his followers while the rest were either captured or escaped.[2][11][12] The intrusion into neighbouring territory was believed to have been caused when the Philippine government treated him and his wife only as "decorations" during the signing of a framework agreement with the Moro Islamic Liberation Front (MILF).[2] President Benigno Aquino III blamed Kiram and his followers for dragging the Philippines into the dispute, with a bad impact on overseas Filipinos in Malaysia and hurting relations between the two.[2][13][14] His act drew criticism from most Filipinos in Sabah as many of them have become a victim of discrimination and retaliation from the local Borneo tribes due to the killing of Malaysian police who mainly comprising the indigenous Borneo races,[15] as well from other claimants who decried his actions and want to retake the eastern part of Sabah through peaceful means without any bloodshed.[16][17][18][19]
The Malaysia-Sulu Case
[edit]The Lahad Datu incursion has had lasting consequences for the people of Sabah.[20] Prior to this incursion, the government of Malaysia continued to dutifully pay an annual cession payment amounting to roughly $1,000 to the indirect heirs of the Sultan honoring an 1878 agreement, where North Borneo – today's Sabah – was conceded by the late Sultan of Sulu to a British company.[21][22] However, Malaysia suspended these payments in response to this attack that killed civilians and members of the Malaysian armed forces.[23]
In 2018, years after the Lahad Datu incident, a group of eight heirs of the Sultan of Sulu initiated a legal case against the Malaysian government seeking compensation for halted payments.[24] The claimants are backed in the lawsuit by a UK global litigation and arbitration finance firm, Therium, who will take the lion's share of proceeds in case of a win.[25][26]
According to the Litigation Finance Journal, this legal dispute between the Malaysian government and the Sulu heirs has been “one of the most high profile international arbitration cases in recent times, raising issues around state sovereignty, and the role of third-party funders in international arbitration”.[27] Another expert analysis called this a “highly controversial ad hoc arbitration, in which neither the alleged arbitration clause nor the development of the procedure were accepted by the parties or by the courts of the headquarters, Spain”.[28]
In February 2022, Gonzalo Stampa - the arbitrator for the case - awarded US$14.9 billion to the Sultan of Sulu's heirs, who have since sought to enforce the award against Malaysian state-owned assets around the world. It is noteworthy that the High Court of Madrid had annulled the procedure presided over by Stampa, who then moved the case to Paris, where he announced a verdict against Malaysia.[29] In a crucial recent development, Stampa has been convicted of contempt of court for “knowingly disobeying rulings and orders from the Madrid High Court of Justice”, and sentenced to six months in prison.[30]
According to Law360, the Spanish courts’ decision to move ahead with criminal proceedings against Stampa is a significant “victory for the Malaysian government”.[31] This follows two other wins the country secured in the case in June 2023, with a Dutch appeals court refusing to enforce the award on account of Stampa's annulled appointment by a Spanish court, and a French appeals court similarly blocking the enforcement of the award due to Stampa's lack of authority on the case.[31]
On November10 , 2023, the Madrid Court filed criminal charges against Stampa over his role in handing the US$14.92 billion arbitration award.[32] On 5 January 2024, Stampa was convicted for contempt of court.[33] He was sentenced to six months in prison and banned from acting as an arbitrator for one year for “knowingly disobeying rulings and orders from the Madrid High Court of Justice”.[34] According to Law360, the Spanish courts’ decision to move ahead with criminal proceedings against Stampa marked a significant “victory for the Malaysian government”.[35]
On May 17, 2024 the Madrid Court of Appeal upheld the contempt of court conviction and sentence against Stampa, upholding his six-month prison sentence, and a one-year ban from practicing as an arbitrator.[36]
The Madrid Court highlighted that the arbitrator's appointment was a judicial decision made before the arbitration process. Consequently, once the nullification of the appointment was confirmed, all subsequent arbitral proceedings stemming from that appointment were rendered invalid, as if they had never occurred. [37]
Malaysian Minister Azalina Othman said, “In its judgment, the Madrid Court of Appeal confirms that Stampa knowingly and wilfully disobeyed the clear rulings and orders of the Madrid High Court of Justice resulting from the nullification of his appointment as arbitrator.”[38]
Later on May 30, 2024, Malaysian state-owned petroleum firm Petronas moved a Manhattan court to seek directions for litigation funding firm Therium and its parent company to turn over subpoenaed financial documents and communications. Petronas’ Azerbaijani arm said it would sue the companies and their lawyers in Spain over losses from the seizure of assets in Luxembourg.[39]
Former Spanish Judge Josep Galvez — barrister at 4-5 Gray's Inn Square Chambers, which the lawyers of Sulu claimants Paul Cohen and Elisabeth Mason also associate with — said the Madrid Court’s ruling underscored the importance of rigorous compliance with procedural requirements and judicial orders under Spanish law, as failure to do so could invite severe penalties.[40] “The conviction of Stampa serves as a lesson for international arbitration practitioners, emphasizing the paramount importance of adhering to judicial orders in Spain,” he wrote.
Death
[edit]On October 20, 2013, Kiram III died at the age of 75 due to multiple organ failure.[2] He made a dying request to be buried at the capital of the Sultanate in Maimbung, Sulu. He left eight children by two wives.[41] Numerous political personalities paid their respects to the late Sultan including Autonomous Region in Muslim Mindanao Governor Mujiv Hataman and Sulu Vice-governor Abdusakur Mahail Tan,[42] and former First Lady of the Philippines Imelda Marcos.[43] [44]
His spokesman said that their "royal family" would continue to pursue their main intention over the former dispute between Philippines and Malaysia.[45] The Malaysian branch of police in Sabah has stated that they "would continue to be alert for any intrusion".[46]
Family
[edit]Kiram III's daughter, Princess Jacel Kiram, is the designated spokeswoman of the late sultan and the most known of all the members of the Sulu royal family. The princess is currently living in a subdivision established by the Philippine government in Taguig in 1974, along with other members of Kiram III's family. Her father's royal bloodline established her royal ties with the Muslim royals of Sulu, Basilan, Tawi-tawi, Maguindanao, and Lanao del Sur. Her grandmother from the maternal side came from Pangasinan in the Ilocos Region, while her grandfather came from Sorsogon in the Bicol Region. Her name is literally an amalgamation of the Muslim name, Jamulul (from her father), and the Christian name, Celia (from her mother). In 2002, she finished her bachelor of arts with a degree in Inter-Disciplinary Studies at De La Salle–College of Saint Benilde. During that time, her thesis, “The Sulu Sultanate’s Genealogy and its Relation to the Philippines’ Claim to Sabah” was declared as Best Thesis. In 2013, she married Moh Yusop Hasan, a Filipino army major. In 2017, she headed the Philippine delegation on the 19th World Festival of Youth and Students in the World Federation of Democratic Youth held in Sochi, Russia. She was also a delegate of the Philippines to China in celebration of the 600th Year of Sulu-China Friendship, coinciding with the book launching of Friendship Without Borders, in Guangxi. Jacel also participated in a United Nations-sponsored conference on Drug Control Program held at the United Nations Office in Vienna, Austria. She was also the chairman of People's Coalition for Peace.[47]
References
[edit]- ^ a b "Jamalul Kiram III". The Telegraph. October 25, 2013. Retrieved October 26, 2015.
- ^ a b c d e f Joel Guinto; Clarissa Batino (October 21, 2013). "Sultan Jamalul Kiram III, Who Led Revolt in Malaysia, Dies at 75". Bloomberg.com. Bloomberg. Retrieved October 22, 2013.
- ^ Joseph Liow; Michael Leifer (November 20, 2014). Dictionary of the Modern Politics of Southeast Asia. Routledge. pp. 36–. ISBN 978-1-317-62233-8.
- ^ "Kiram: I'm the poorest sultan in the world". The Philippine Star. Associated Press. March 8, 2013. Retrieved March 8, 2013.
- ^ a b "Heirs of Sultan of Sulu pursue Sabah claim on their own". Philippine Daily Inquirer. February 16, 2013. Retrieved February 20, 2013.
- ^ "Press Statement: Meeting with the Secretary of Foreign Affairs of the Philippines, H.E. Albert F. del Rosario on 4 March 2013". Ministry of Foreign Affairs, Malaysia. March 5, 2013. Archived from the original on March 8, 2013. Retrieved March 7, 2013.
- ^ "Semporna villagers beat to death ex-Moro commander". The Star. March 3, 2013. Retrieved October 11, 2013.
- ^ "Sabahans will not forget Lahad Datu incident — Musa". Bernama. The Borneo Post. June 30, 2013. Retrieved October 11, 2013.
- ^ Alito Malinao (August 27, 1989). "No links with Kiram, says Brunei embassy". Manila Standard. Retrieved June 19, 2015.
- ^ "CV of Jamalul D. Kiram III". Philippine Daily Inquirer. February 23, 2007. Archived from the original on October 6, 2012. Retrieved January 3, 2011.
- ^ Kronologi pencerobohon Lahad Datu (video) (in Malay). Astro Awani. February 15, 2014. Event occurs at 1:20. Retrieved February 27, 2014.
- ^ Najiah Najib (December 30, 2013). "Lahad Datu invasion: A painful memory of 2013". Astro Awani. Retrieved December 30, 2013.
- ^ Angela Casauay (March 6, 2013). "Tawi-Tawi misses the old Sabah". Rappler. Retrieved July 23, 2015.
- ^ Michael Lim Ubac (March 7, 2013). "Aquino: I won't allow Sulu sultan to drag PH into war with Malaysia". Philippine Daily Inquirer. Archived from the original on July 24, 2014. Retrieved March 7, 2013.
President Aquino said in a statement, 'I appeal to you (Jamalul Kiram III) — we should be really clear on this — this incident is wrong. If this is wrong, why should we (the government) lend support to this? We should support what is right… which will lead us to brighter prospects; the wrong option will only bring us ruin. That's it, that's my simple message.' He also added 'Let's not forget: What they (the Jamalul Kiram III faction) are pushing for is their right as so-called heirs of the sultan of Sulu. It's not yet clear if their rights have been transferred to the Philippines. But we (the Philippines citizens and our nation) will all be affected by their conflict (with Malaysia).'
- ^ Charlie Saceda (March 6, 2013). "Pinoys in Sabah fear retaliation". Rappler. Archived from the original on October 24, 2015. Retrieved March 7, 2013.
- ^ "Statement from Ampun Muedzul-Lail Tan Kiram, 35th Sultan of Sulu". PRLog. February 15, 2013. Retrieved February 21, 2013.
- ^ Allan Afdal Nawal (February 26, 2013). "2 more claim to be real sultan of Sulu". Philippine Daily Inquirer. Retrieved February 26, 2013.
- ^ "Businessman: I am the Sultan of North Borneo". The Star. February 21, 2013. Archived from the original on April 13, 2013. Retrieved February 26, 2013.
- ^ "Suluk leader: 'Over my dead body I'll allow Filipinos to claim Sabah'". The Star. Asian News Network. March 11, 2013. Archived from the original on March 22, 2013. Retrieved June 20, 2014.
{{cite web}}
: CS1 maint: unfit URL (link) - ^ Hamdan, Jelani; Ationg, Romzi; Mansur, Kasim; Layapan, Madiyem; Esa, Mohd. Sohaimi (June 6, 2023). "Revisiting the Lahad Datu Standoff in Sabah: The Security Issues" (PDF). International Journal of Law, Government and Communication. 8 (32): 232–243. doi:10.35631/IJLGC.832019. ISSN 0128-1763.
- ^ "Sovereignty, Forum Shopping, and the Case of the Sulu Sultanate's Heirs". thediplomat.com. Retrieved January 29, 2024.
- ^ "Sulu claim shows Southeast Asia cannot yet escape colonial legacy". Nikkei Asia. Retrieved January 29, 2024.
- ^ "Malaysia's Sulu Problem: Logical Flaws in the Arbitration Process". FULCRUM. March 6, 2023. Retrieved January 29, 2024.
- ^ Rashid, Hidir Reduan Abdul (March 11, 2022). "Sulu: M'sia's criminal probe claim against arbitrator 'twisted' - UK lawyer". Malaysiakini. Retrieved January 29, 2024.
- ^ writer, Ndileka Mandela; Activist, Social (January 20, 2023). "Ndileka Mandela: I was misquoted about Harry and Meghan, I support them". Newsweek. Retrieved January 29, 2024.
- ^ Accardo, Gian-Paolo (March 31, 2023). "Investir dans le contentieux, ou comment tirer profit des procès susceptibles de rapporter gros - Voxeurop". voxeurop.eu/fr/ (in French). Retrieved January 29, 2024.
- ^ "Arbitrator in Malaysia Sulu Heirs Case Found Guilty of Contempt of Court". Litigation Finance Journal. January 9, 2024. Retrieved January 29, 2024.
- ^ Cleppe, Pieter. ""Southeast Asia as a key alternative trading partner to Russia and China"". www.elmundofinanciero.com.
- ^ Miguel, Rafa de (June 24, 2023). "Sultan of Jolo case: 'Someone has to pay for all this – we will claim for damages'". EL PAÍS English. Retrieved January 29, 2024.
- ^ "Arbitrator's Guilty Verdict Puts UK Funder's Investment at Risk". news.bloomberglaw.com. Retrieved January 29, 2024.
- ^ a b "Arbitrator Who Issued $14.9B Award Against Malaysia Indicted - Law360". www.law360.com. Retrieved January 29, 2024.
- ^ "Sulu case: Spanish arbitrator Stampa to face criminal charges in Madrid on Dec 11 - Azalina | New Straits Times". web.archive.org. November 12, 2023. Retrieved July 9, 2024.
- ^ Castro2024-01-19T13:14:00+00:00, Bianca. "Arbitrator in $14.9bn case jailed following intervention by Malaysia". Law Gazette. Retrieved July 9, 2024.
{{cite web}}
: CS1 maint: numeric names: authors list (link) - ^ "Arbitrator's Guilty Verdict Puts UK Funder's Investment at Risk". news.bloomberglaw.com. Retrieved July 9, 2024.
- ^ "Arbitrator Who Issued $14.9B Award Against Malaysia Indicted - Law360 UK". www.law360.co.uk. Retrieved July 9, 2024.
- ^ BERNAMA. "Sulu Case: Madrid Court of Appeal upholds Stampa's conviction, sentence". thesun.my. Retrieved July 9, 2024.
- ^ "Decoding Arbitral Disputes: Spanish Judicial Oversight - Law360 UK". www.law360.co.uk. Retrieved July 9, 2024.
- ^ BERNAMA. "Sulu Case: Madrid Court of Appeal upholds Stampa's conviction, sentence". thesun.my. Retrieved July 9, 2024.
- ^ "Petronas units in Luxembourg seized again in $15 bln arbitration dispute". Reuters.
- ^ "Decoding Arbitral Disputes: Spanish Judicial Oversight - Law360 UK". www.law360.co.uk. Retrieved July 9, 2024.
- ^ Angela Casauay (October 20, 2013). "Sulu Sultan Jamalul Kiram III dies". Agence France-Presse. Rappler. Retrieved October 21, 2013.
- ^ Julie S. Alipala (October 20, 2013). "ARMM governor, Sulu vice governor extend condolences to Kiram's family". Philippine Daily Inquirer. Retrieved October 21, 2013.
- ^ "Lack of clearance hampers burial before sundown for Kiram". GMA News. October 20, 2013. Retrieved October 21, 2013.
- ^ "Palace sympathizes with Kirams over sultan's death". GMA News. October 20, 2013. Retrieved October 21, 2013.
- ^ Joel Guinto; Clarissa Batino (October 20, 2013). "Sulu's Sultan Dies, Sought to Restore Reign over Sabah". Bloomberg.com. Bloomberg. Retrieved October 21, 2013.
- ^ "Dying Sulu Sultan: Pursue Sabah claim". The Philippine Star. October 21, 2013. Retrieved October 22, 2013.
- ^ "Geopolitics and a Princess: Conversation on Sabah | Roger Pe". BusinessMirror. April 18, 2018.
- Pretenders
- Filipino datus, rajas and sultans
- Filipino Muslims
- Filipino people of Arab descent
- Manuel L. Quezon University alumni
- People from Taguig
- People from Sulu
- 1938 births
- 2013 deaths
- Deaths from multiple organ failure
- Terrorism in Malaysia
- Tausūg people
- Partido Demokratiko Sosyalista ng Pilipinas politicians