Why are we ‘silent’ on the issue of Sabah?

FIRST, the “good news.” As early as February 28, 2022, an arbitration court in France has ‘instructed’ Malaysia to pay the surviving and legitimate heirs of Sultan Jamalul Ahlam some $15 billion dollars as “compensation” for Malaysia’s continued occupation and use of North Borneo, since 1963 (when Malaysia became ‘independent’ from Great Britain). Simply for us, North Borneo is what we call ‘Sabah.’

As we know, it was Sulu Sultan Jamalul Ahlam who signed the ‘concession agreement’ with the British North Borneo Company back in 1878 that involved the annual payment of ‘cession fee’ (as the British and Malaysia interpret it) or ‘rent’ (as the Sultanate interprets it).

In 1962, the heirs of the Sultan transferred their sovereign rights to Sabah to the national government and the Philippines affirmed this when Congress, in 1968, passed RA 5446, recognizing Sabah as a territory “over which the Republic of the Philippines has acquired dominion and sovereignty.” This law has never been repealed and our claim was even affirmed by the Supreme Court in a ruling in 2011 (G. R. 187167).

The bad news? This very important news hardly landed in the Philippine mainstream media, occupied as we are back then with the elections. And we may add here that the ‘victory’ in the French court was accomplished solely by the heirs of Sultan Ahlam, without any help from our own government.

The other bad news is that, instead of welcoming the development as another leverage in our favor, most of our politicians and again, the mainstream media, would rather resort to demonizing China not only by using the useless and divisive ‘Arbitral Award’ of 2016 in the South China Sea issue but lately, the bogey of China’s ‘debt-trap diplomacy.’

We find the situation amusing, considering that the arbitral ruling in favor of the Sultanate of Sulu (read: in favor of the Philippines) was also done by a more credible court (not a ‘panel’ as in the SCS issue) working under the provisions of another global convention where we, like, Malaysia, is a party to—the New York Arbitration Convention of 1958.

Funny too, that Pinoys are being pushed by US Imperialism to a war with China over a ruling that is “vague” to begin with (the private Hague Permanent Court of Arbitration never stated that we “own” the areas in the South China Sea we are contesting with China) and under a convention it never ratified (UNCLOS). Yet, America and its minions here are silent in supporting the French court’s decision under the provisions of the New York Convention where the United States is also a signatory (that is why it was held in the United States, to begin with).

Of course, we submit that with the passing of time, our claim to Sabah has become more complicated in its implementation considering that relatively, we are much poorer now compared to Malaysia—thanks to the oil, gas and other natural resources it has been deriving from Sabah.

But unlike our claims at the South China Sea, there are enough historical and official records that we can rely on to insist that, yes, Jose, Sabah is ours.

But then again, asserting our sovereignty there would also mean digging up some unsavory historical facts that can only tarnish the finely manicured image of the United States as our true “friend and ally.”

The fact of the matter is that the US betrayed us when it sided with Malaysia and Britain by not protesting the inclusion of Sabah to the Malaysian Federation when it was established in 1963. Up to now, it has not made a categorical position supporting us in our fight to regain Sabah.

And trying not to be put on the spot over the issue, the US, along with its local minions, is once again diverting our attention and patriotic fervor to another issue of its own liking—the demonization of China.