Sabah Issue: Anelli Benito Denzel Sarmiento Denise Terencio 4asn2

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The document discusses the history of ownership and disputes regarding the Malaysian state of Sabah between the Sultanate of Sulu and the Philippines on one side and Malaysia on the other.

Originally owned by the Sultan of Brunei, Sabah was gifted to the Sultan of Sulu in the 17th century. In 1878, the Sultan of Sulu leased Sabah to the British who later transferred it to Malaysia in 1963 without consent, in breach of the lease.

Proposed solutions included fair payment from Malaysia and joint administration between the Sultan of Sulu, Malaysia and Sabah with equal distribution of incomes to develop the Sultanate of Sulu.

SABAH ISSUE

Anelli Benito Denzel Sarmiento Denise Terencio 4asn2

WHERE IS SABAH?

WHO OWNS SABAH?


Originally owned by the Sultan of Brunei, Sabah or North Borneo and the island of Palawan were bestowed as gifts to the Sultan of Sulu by the Sultan of Brunei in 1658 in gratitude for the assistance of the Sultan of Sulu to avert a civil war in Borneo.
Sabah became a property of the Sultan of Sulu and the Sultanate of Sulu.

Alfred Dent
In 1878, Sultan Jamalul Ahlam Kiram (Sultan of Sulu and Sabah) as the legitimate owner, leased Sabah to the British East India company of Gustavus Baron de Overbeck and Alfred Dent but the lease prohibits the transfer of Sabah to any nation, company or individual without the consent of His Majestys Government.

TRANSFER OF SABAH TO MALAYSIA


1957: Malaysia gained its independence from Britain 1962: Diosdado Macapagal notified UK of its Sabah claim Philippines cut ties with Malaysia 1963: Federation of Malaya was created Great Britain transferred Sabah to Malaysia The transfer of Sabah by Great Britain to Malaysia in 1963 constituted a breach of the provisions of the 1878 Lease as the Government of the Sultan of Sulu did not consent to the transfer to Malaysia. As a point in law, Sabah must and should be returned to the Lessor as owners (the Sultan of Sulu and the Sultanate of Sulu).

In 1906 and 1920, the United States formally reminded Great Britain that Sabah did not belong to Great Britain and was still part of the Sultanate of Sulu but Great Britain ignored and did not listen to the reminder of the USA and transferred Sabah to Malaysia in 1963.

The continued occupation of Sabah by Malaysia is illegal. Malaysia pays the heirs of the Sultan of Sulu an annual rent of PhP77,442.36 or US$1,500 for Sabah a real estate property with land area of 73,711 square kilometers. This rent is very small compared to the $100 billion contribution of Sabah to the GDP of Malaysia.

SULUS PROTEST
Due to the unfair and unjust treatment of Malaysia to the Sabah owners and the lack of economic developments in the Sultanate of Sulu, many groups advocated secession and independence of Sabah. The Sultan of Sulu and Sultan of Sabah: HM Sultan Muhammad Fuad Abdulla Kiram I stated that if Malaysia wants to stay in Sabah lawfully, then Malaysia must pay the correct and proper amount of rent per year.

PROPOSED SOLUTIONS
To solve the issue, Kiram proposed: 1. Fair payment from the Malaysian government. 2. Joint Administration for the Sultan of Sabah, Sulu and Malaysia All incomes must be distributed equally. Income to be derived from Sabah will be used to develop Sulu (roads, hospitals, medicines, education, peace and order)

ASEAN WAY: ROLE OF ASEAN TO THE SABAH DISPUTE


Government leaders refrain open criticisms of their neighboring countries, to not support neighboring opposition movements and most of all non-intervention to the political issues and problems of neighboring countries.
ASEAN leaders have often sought to mediate in conflicts between neighboring states. Thailand, in the early years of ASEAN, frequently mediated between Malaysia and the Philippines in their conflict over Sabah. Indonesia took over this role from the 1970s.

THE ROLE OF THE ICJ (International Court of Justice)


Malaysia continues to consistently reject Philippine calls to resolve the matter of Sabah's jurisdiction to the International Court of Justice. Sabah sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.

Will The Phil. Reclaim Sabah?


The Philippine constitution, by not mentioning Sabah, seems to have dropped the claim. Aquino rushed a bill to Congress in November 1987 to renounce the claim once and for all, hoping to get the issue out of the way before Malaysia's Prime Minister Mahathir bin Mohamad arrived for the ASEAN summit in December, but Congress did not act. Bilateral relations between the two countries have improved dramatically in recent years and it is hoped that the Philippines dormant claim to the territory will eventually be renounced completely.

Personal Perspective:
We must put the past behind and move forward for a better convergence as members of ASEAN.

REFERENCES

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