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4 Fernandez.Pmd 53 2/22/2008, 4:20 PM 54 ASIA-PACIFIC SOCIAL SCIENCE REVIEW VOL ASIA-PACIFIC SOCIAL SCIENCE REVIEW Volume 7 Number 1 December 2007 PHILIPPINE-MALAYSIA DISPUTE OVER SABAH FERNANDEZ,De La Salle University-Manila E.S. 53 RESEARCH NOTES # 1 Philippine-Malaysia Dispute over Sabah: A Bibliographic Survey Erwin S. Fernandez Department of Filipino and Philippine Literature, University of the Philippines, Diliman The Philippine-Malaysia dispute over Sabah was, and still is, a contentious diplomatic issue. In the interest of understanding its complexity (and one cannot discount that someone might be interested in the near future), a bibliographic essay, one that lists all available literature which directly or obliquely deals with the subject, is here undertaken. Thus, this work has compiled a list of books, journal articles, theses, dissertations, and monographs, introduced with brief notes on their publication arranged chronologically and thematically and pointing out some major points that might provoke the reader into engaging into one or more of its debatable aspects. This bibliographic survey in a way assesses the production of knowledge around the Philippine- Malaysia dispute over Sabah. KEYWORDS: Philippine claim to Sabah, Philippine-Malaysia relations The thorny issue of Sabah in terms of its diplomatic Borneo Company assumed the territorial rights and political significance between the Philippines and over Sabah from 1878 to 1946, which period was Malaysia has been dealt with in a number of legal interrupted only by the outbreak of World War II, and historical articles, books and monographs. still Sabah’s historical development before and after Although some books partly discuss Sabah, they 1878 should be situated in the context of Sulu’s provide relevant and interesting information about its history. On this basis alone, Sabah should be other unknown but crucial aspects. This bibliographic incorporated as part of the areas to be studied in survey aims to collect and appraise pertinent Philippine history, or in smaller scale and scope, materials, primary and secondary sources with in the history of Sulu and Mindanao. However, respect to the dispute over Sabah. before 1675,2 Sabah belonged to the Sultanate As a dependency of the Sulu Sultanate before of Brunei and as such, Sabah was crucial in the and after the Deed of 1878,1 Sabah was an integral historical and political development of Brunei as part of Sulu territory. Although the British North a sultanate. 4 Fernandez.pmd 53 2/22/2008, 4:20 PM 54 ASIA-PACIFIC SOCIAL SCIENCE REVIEW VOL. 7 NO. 2 MACAPAGAL: ESTABLISHING THE government. A year later, the Philippine Congress PHILIPPINE CLAIM enacted a statute, ex abundante cautela,4 that the establishment of a consulate in Singapore should Sabah, also called North Borneo at present, not be viewed as a waiver to the Philippine claim. belonged to the territory of Malaysia. The Philippine By virtue of the Ramos Resolution in 1962, which government had formally filed a claim to Sabah urged Macapagal to execute measures in pursuit during the administration of President Diosdado of the claim to Sabah. This initiated a series of Macapagal on the basis of a historical and legal diplomatic engagements between the Governments fact. His successor, President Ferdinand Marcos of the Philippines and the United Kingdom. initially took a conciliatory posture towards The result of these exchanges of notes between Malaysia; but in 1968, the Jabidah massacre, as the Philippines and the United Kingdom through will be explained later, was exposed bringing the their respective diplomatic officials was the meeting two parties to the claim in constant state of held in London from January 28, 1963 to February insecurity. Until now, the Philippine claim to Sabah 1, 1963. The Philippine delegation, composed of has been ‘suspended in animation’ for both parties Ambassador Salvador P. Lopez as vice-chairman, concerned. As of press time, the Philippine Defense Secretary Macario Peralta Jr., Justice government has not issued any pronouncement to Secretary Juan R. Liwag, Senator Raul S. withdraw its claim to Sabah; while Malaysia takes Manglapus, Congressmen Godofredo P. Ramos a wait-and-see attitude toward the issue, although and Jovito R. Salonga and Ambassador Eduardo underneath, seemingly peaceful relations are Quintero, was led by Vice President Emmanuel maintained, between the two countries. Malaysia, Pelaez as chairman. In this meeting, the Philippine in an effort to help the Philippine government panel outlined the historical and legal foundation resolve the secessionist problem in Mindanao, acts of the Philippine claim vis-à-vis the arguments as negotiator and mediator between the Moro presented by the British delegation. Islamic Liberation Front (MILF) and the Philippine The Philippine government published the government. Nonetheless, the Sabah dispute still proceedings of this meeting under the title remains. Philippine Claim to North Borneo Volume I Although the Philippine government acted on (1964). Emmanuel Pelaez, Vice President and several measures to express its intentions on concurrently Secretary of Foreign Affairs in his Sabah, only during the time of Macapagal did the preface of the book, wrote that it was released to claim really take its necessary course. When the put forward and stake the Philippine claim to North North Borneo Cession Order of 19463 was Borneo on valid and legal grounds. This book has announced and published six days after Philippine four parts. The first part starts with excerpts from independence from the United States, Francis the president’s State of the Nation Address with Burton Harrison, former governor-general and now reference to the claim to North Borneo; followed special adviser to the Republic on foreign affairs, by the second part, the Opening Statement of Vice noted the political and legal impact of the said President Pelaez in the British-Philippine Talks held Cession order and deemed it as an illegal act, as it in London. The third part “The Historical and Legal unilaterally entered into an agreement without Bases of the Philippine Claim to North Borneo” consulting other parties involved. In this case, the lays the legal and historical arguments of the other party was the Sultanate of Sulu, which under Philippine claim, which includes the statements the present setup was under the sovereignty of the made by Congressman Salonga before the London Philippine Republic. In 1950, after a careful study Ministerial Meeting and by Mr. Eduardo Quintero of the Philippine claim, Macapagal, then a before the Legal Committee. The appendices, congressman together with other colleagues filed which constitute the last part of the book, contain a resolution for the pursuance of the claim by the 33 copies of the original documents.5 One was in 4 Fernandez.pmd 54 2/22/2008, 4:20 PM PHILIPPINE-MALAYSIA DISPUTE OVER SABAH FERNANDEZ, E.S. 55 the original Spanish while some have been namely: The Disputed Territory; The Sulu translated into English from the original Arabic and Sultanate Institution; Relations of the Sultan of Malay texts. Others had been originally written in Sulu with Foreign Powers; the British North English. These form the basis of the Philippine claim Borneo Company; The Transfer of the North over Sabah and the preceding diplomatic Borneo Territory from the Company to the British communication between the Philippines and the Crown; and The Transfer of the North Borneo United Kingdom. Territory from the British Crown to Malaysia. Part Macapagal was forced to initiate the filing of One was the result of a study by an ad hoc the claim of Sabah because Sabah was being committee composed of UP Professors Cesar considered as a member of the proposed concept Adib A. Majul, Perfecto Fernandez, and Serafin of Malaysia broached by Prime Minister Tengku D. Quiason among others. Part Two was the Abdul Rahman on May 27, 1961 in Singapore. “Report on the Anglo-Philippine Talks held in After the London talks, the United Kingdom London from January 28 to February 1, 1963 agreed to relinquish its sovereignty and jurisdiction (Extract).” The Appendices include: the various over Singapore, Sarawak and North Borneo in multilateral agreements among the three countries favor of the creation of the Federation of Malaysia. – Philippines, Malaysia and Indonesia; and On September 16, 1963, instead of the scheduled diplomatic communications between the August 31, 1963, after the conduct and results of Philippines and Malaysia, the Philippines and the United Nations Malaysia Mission were Indonesia, and Great Britain and the Philippines known, the Federation of Malaysia was from August 1962 to January 1966. established. Macapagal, with expressed reservation Only later would the Marcos administration on the result of the UN Mission, refused to face the critical point of the Philippine claim and recognize the government of Malaysia in the belief the possible breakdown of Philippine-Malaysia that it would prejudice the Philippine claim to North relations when the Jabidah massacre controversy Borneo and recalled the Philippine Ambassador in in March 1968 was exposed. Moros had been Kuala Lumpur. Only in August 1964 were the recruited for a plan to stage a rebellion and eventual consular relations between the two countries occupation of Sabah under the codename Project reestablished after Macapagal met the Tungku in Merdeka. This led to the Bangkok Talks from June Phnom Penh. 17 – July 15, 1968 between the representatives of the Philippines and Malaysia, in an effort to settle the dispute. However, the talks ended in failure MARCOS: FOMENTING AND and further worsened the diplomatic relations MANAGING A CRISIS between the two countries. In September 1968, the Philippine Congress passed a law known as When Marcos assumed the reins of government, Republic Act No. 5446, which categorically stated relations with Malaysia were still unstable and that “this act is without prejudice to the delineation insecure. It was only in June 1966 that both of the baselines of the territorial sea around the governments, with the plan of raising their own territory of Sabah, situated in North Borneo over consulates to embassies, issued a communiqué.
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