It’s time Malaysia, Philippines resolved Sabah claim fast
Finding an equitable solution requires uncommon goodwill on both sides
Malaysia would, of course, dearly wish for Manila to drop the Sabah claim entirely. But that is hardly realistic. Even if the Philippine government wanted that thorn in relations with Malaysia removed, it will be constrained by political realities existing within the country to unilaterally drop the claim.
John Teo, NST
THE ailing Sultan of Sulu who reportedly gave the directive to send an armed group of relatives and supporters to Sabah at least had a rather keen sense of timing.
The move comes amid impending national elections in both Malaysia and the Philippines, with campaigning either officially or unofficially under way in both countries.
The Philippines’ Sabah claim thus resurfaces at a delicate time for both nations, as the sultan may have intended.
One misstep and either or both nations’ leaders are vulnerable to political and other critics.
Already, in Malaysia, the government is under growing pressure to act tough against the band of armed foreign intruders as the stand-off in Lahad Datu continues.
In the Philippines, the government is similarly under pressure to “resolve” the Sabah claim once and for all. Somewhat uncharacteristically, Philippine officials have described the situation as “sensitive”, as ours have also done so.
Some in Malaysia wonder if the Philippine group is not doing the bidding of Manila, noting that it provocatively raised the Philippine national flag where it is now camped out in Sabah. It is plausible the Philippine government was caught off-guard by the event as it is claiming.
The administration of President Benigno Aquino III is seeking to speed up concluding a final peace agreement with the Moro Islamic Liberation Front. For that it needs the continued goodwill of Malaysia as the third-party facilitator in talks towards that agreement.
And it is precisely the very prospect of that peace agreement that was cited by the Sulu group for launching its action. The action might have been ill-advised to begin with but it was done as much to get Manila’s attention as it was to get that of Malaysia’s.
The group would have known that the ancient Sulu sultanate is no longer an internationally-recognised sovereign entity in its own right.
To pursue its claim on Sabah, it needed the Philippine government to do it on its behalf. It was moved to take things into its own hands because it sees little prospect of Manila advancing the claim once Manila becomes somewhat beholden to Malaysia for helping to bring peace to Bangsamoro, which will encompass the remaining territory of the sultanate.
The Philippine government has, since the administration of President Fidel Ramos, adopted the stand of putting the Sabah claim on the backburner as it seeks to practically advance long-frosty ties with Malaysia. That stand seems to have suited us and Tun Dr Mahathir Mohamad was happy to play along when he was prime minister at the time.
On hindsight, it may not have been wise to sweep the whole issue under the carpet even as official ties between Kuala Lumpur and Manila improved over the years. But what could have been done, given the circumstances?
Malaysia would, of course, dearly wish for Manila to drop the Sabah claim entirely. But that is hardly realistic. Even if the Philippine government wanted that thorn in relations with Malaysia removed, it will be constrained by political realities existing within the country to unilaterally drop the claim.
The Philippines, on the other hand, may be able to live with the claim being referred by both nations for international arbitration.
If the international precedent set by the decisions to award disputed territories we had in recent years with Indonesia and Singapore to claimant countries that exercise effective control over the territories in dispute is taken as a guide, our case over Sabah should be on solid ground.
Yet it appears extremely unlikely we will submit the Sabah case for legal arbitration. And without consent by both countries to pick the path of international arbitration, it will not happen. Both countries will, therefore, need to creatively find common ground to meet each other half-way.
There have been hints from the Philippine side that the issue may be resolved with a negotiated final cash settlement. The Philippine side has always insisted that Malaysia has continued to make annual nominal payments over Sabah to heirs of the royal house of Sulu, something that Malaysia has not publicly acknowledged doing.
If indeed such payments are made, perhaps it is time we come clean about it and face up to the implications thereof. Sweeping the matter under the carpet serves no one since the matter is not likely to go away. Finding an equitable solution to this festering issue requires uncommon goodwill between Kuala Lumpur and Manila and we are likely to get as good an opening for that now as we ever will.
