Malaysia Getting a Dose of Its Own Medicine in the Sabah Conflict

A 19th century flag of the Sultanate of Sulu

The failure of the Philippine government to successfully take the territory of Sabah in Malaysia North Borneo for itself, and the relegation of the issue to the back burner to foster diplomatic and economic relation with Malaysia made the heirs to the Sultan of Sulu take the matters into their own hands over the ownership issue of the resource-rich place.                                                                                                                  

Former Philippine President Diosdado Macapagal’s official reminders to Great Britain that Sabah belonged to the Sultan of Sulu and by extension to the Philippine government  just fell on deaf ears when that country included Sabah in the Malaysian Federation in 1963. President Ferdinand Marcos who succeeded Macapagal made a drastic move to take Sabah by secretly training Tausug recruits in a secluded island in Corregidor to infiltrate the disputed territory. The plan failed when the recruits knew of their mission and mutinied. To cover the plot, their military trainers gunned them down. However, one recruit was able to escape by floating and swimming in Manila Bay. The privilege speech of Sen. Benigno Aquino Jr in the senate revealed the incident which was termed “The Jabidah Massacre”. The report so incensed the Filipino Muslims that it sparked their rebellion in the 70’s.

One of the early sultans of Sulu (second from right, sitting)

(Photo from Wikipedia)

The armed conflict that followed came with a big cost to the Philippine government.  The fighting lasted almost two decades and claimed more than 100,000 lives of soldiers, Moro rebels and Christian and Muslim civilians. It also displaced millions of people in Mindanao and worsened the incidence of poverty in the already economically depressed affected areas.

It is believed that Malaysia added fuel to the fire of the conflict in Mindanao. Sabah Malaysia was used as a safe refuge of Filipino rebels taking a respite from the fighting. It was also used as a training ground for Filipino Muslim rebels and a point where arms and ammunition were smuggled to different landing areas in southern Philippines.

The escape of some Filipino Muslims from the conflict in the 70’s have increased the number of Sulu immigrants to Sabah which is just an hour of boat ride from the nearest islands of Tawi-tawi in Mindanao. Moreover, the Sabah government’s process of aggressive Islamization deliberately encouraged the immigration of Filipino, Indonesian and even Pakistani Muslims into Sabah. From 37.9% of Muslims in 1960, Sabah’s Muslims are now 65.4% of the total population.

The recent conflict in Sabah started when the Sulu Royal Army of the Sultanate of Sulu landed in Lahad Datu, Sabah on February 12, 2013 purportedly to return to the land that belongs to them. They were given ultimatums by the Malaysian government to leave the area to prevent violence and bloodshed. The Philippine government too pleaded to Sultan Jamalul Kiram to order his men to unconditionally return to the Philippines.

When a peaceful means to resolve the standoff failed, the Malaysian troops assaulted the Sulu Royal Army’s position resulting to casualties on both sides with the Sulu Royal army suffering the heavier losses. Later, fighter jets and artilleries were used to pound the Sulu Royal Army’s position. Ground troops also surrounded the militants. The death toll now is 61 including eight from the side of the Malaysians.

The United Nations ordered a cessation of hostilities. Sultan Kiram then took the opportunity to declare a unilateral ceasefire to relieve pressure on his beleaguered troops. Malaysia however, refused to accept a truce unless Kiram’s army unconditionally surrenders to the Malaysians.

Despite the continuous bombardments from the Malaysians, the Kirams say that their army’s command and control group is still safe and sound. And that most of their fighters know the terrain of the place like the palm of their hands and that they are protected and provided refuge by the Tausugs who are residents of the area. It still remains to be seen whether the Malaysian authorities can annihilate the militants or the later will be able to mount protracted guerrilla warfare against the Malaysian forces and its government.

Sultan of Sulu's Claim on Sabah, Malaysia: an Issue That Should Be Resolved at the ICJ

late 19th century flag of Sulu

 The standoff in Lahad Datu, Sabah, Malaysia involving the a Filipino group led by Rajah Mudah Agmimmudin Kiram, has rekindled the issue about the claim of ownership of Sabah, North Borneo by the heirs of the Sultanate of Sulu. The group which is estimated to be about 300 arrived there on February 11, 2013 by boats and is surrounded by the Malaysian security forces.

Sabah in North Borneo is a bone of contention between the Philippines and Malaysia with the latter also claiming that piece of territory by virtue of the heritage of the Sultanate of Sulu which is historically the owner of that territory.

Around 1675, the sultan of Brunei asked the Sultan of Sulu to help him quell a rebellion in his territory. The Sultan of Sulu sailed with 5 boats and together with the forces of his ally defeated the rebels. In gratitude, the Sultan of Brunei gave a portion of his territory which was Sabah in Northern Borneo to the Sultan of Sulu.

In 1878, a Sultan of Sulu at that time leased Sabah to the British North Borneo Company with a nominal yearly compensation. Near the turn of the 19^th century, after a series of Spanish raids in Sulu, the Sultan ceded the rest of his territories in the Philippines under the sovereignty of Spain.  

In 1962, in anticipation to the formation of the Federation of Malaysia, the Sultan of Sulu at that time signed an act of cession of his territory to the then President Diosdado Macapagal  so that the Philippines could press its claim on the rich territory of Sabah. However, in 1963 when the Federation of Malaysia was formed, the British of which Sabah was a protectorate included it in the Federation. Malaysia’s yearly rental of a measly RM 5,300 or 73,940 PHP is by and large an implicit recognition by that country of the Sultanate of Sulu’s ownership of Sabah.

Ferdinand Marcos, who succeeded President Macapagal, pressed further the claim with a more drastic approach. Recruits from Sulu were brought to a secluded island of Corregidor for military training and with the aim of incursion into Sabah. But before the training ended, they mutinied against their officers and NCOs. The Army Special Forces trainers dealt with the situation by gunning down the recruits. That incident is widely known as “Jabidah Massacre”.

One of the recruits was able to escape by swimming and floating on the waters of Manila Bay. He was later rescued by a fisherman. The incident was exposed by Senator Benigno Aquino Jr., and in no time at all the secret plan which went bad was revealed to the country and the world.

The massacre triggered the Muslim rebellion in the late 60’s until the 80’s and resulted to huge destruction to lives and properties in the island of Mindanao. The fact that the armed conflict of Mindanao came to the attention of the Muslim world complicated the matter. Malaysia, getting back at the Philippines for its aborted incursion, was believed to have given a safe haven and training ground in its territory to the Philippine Muslim rebels. Arms to the rebels were also believed to be channeled to the Southern Philippines via Malaysian territories.         

The rebellion was one of the biggest headaches of the Marcos administration so that he even sent his own wife Imelda Marcos to Libya to negotiate with Col. Muammar Khadafy to help resolve the conflict. Khadafy was said to be one of the greatest supporters of the rebels in Mindanao during the Muslim rebellion in the Philippines.

Succeeding Philippine presidents treated the claim on Sabah with caution considering that it involves delicate legal and political issues that can affect the security and stability of the nation as well as its relation with Malaysia. To deal with Muslim separatist problem, the Philippine government has been in constant dialogues with Muslim rebel factions like the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF). At present, Malaysia brokered a peace deal between the Philippine government and the MILF.

The Philippine and Malaysian governments should make effort to end the standoff in Lahad Datu, Sabah peacefully because a battle between the group of the heirs of the Sultan of Sulu and the Malaysian security forces is not good for Sabah. It could also adversely affect bilateral relations of the two countries. An armed conflict in that region has a potential of spreading into parts of Mindanao in the Philippines where there are sizable Muslim population.        

Considering that the Philippines regards Sabah as part of its territory via the heritage of the Sultanate of Sulu, it should take up the cudgels to bring the issue before the International Court of Justice (ICJ) to settle the territorial dispute with Malaysia once and for all. With that act the heirs of the Royal Sultanate of Sulu would not feel abandoned by the government of the Philippines on their age-old aspiration to take back Sabah.

The Philippine government however should first convince the Malaysian government to participate in the settlement of the case at the International Court of Justice. The ICJ has resolved territorial disputes of some countries like Malaysia and Indonesia. It could do the same with Sabah.