Piolo Pascual

January 13, 2015

Filipino II

The Sabah Dispute: Why Sabah Belongs to the State of

Malaysia
Introduction
Sabah is Malaysias easternmost state and is one of the two Malaysian States
on the Island of Borneo. The main language spoken is the Malay Language, and it is
spoken across 32 officially recognized ethnic groups. Sabahs most exported
commodities are petroleum and palm oil. Sabah, because of the aforementioned
exports and its rich natural resources, is considered the second richest state in
Malaysia1. These resources, as well as Sabahs role in international seaways, made
it a prime territory: a territory which will be at the centre of the North Borneo
Dispute2.
The North Borneo Dispute is the territorial dispute between the Archipelagic
Philippine State and the Federation of Malaysia over much of the eastern part of
Sabah, or North Borneo. The Philippines, as the successor state of the Sultanate of
Sulu, claims the disputed territory through historical right; while Malaysia claims the
territory by cession and the inherent right of Sabah to self-determination 3.
Philippine Claim
The Philippines claims Sabah based on a historical right originally belonging to the
Sultan of Sulu. Amando Boncales, in his work A Historical Discourse of the
Philippines over Sabah, narrates that:
In 1878, the Sulu sultan entered into a deed of pajak with Austrian
Gustavus Baron de Overbeck and Englishman Alfred Dent, who were
representatives of a British company. The deed was written in Arabic.
In 1946, Professor Harold Conklin translated the term pajak as
lease. The 1878 deed provided for an annual rental. This treaty
constitutes the main basis of the territorial dispute between the
Philippines and Malaysia over Sabah. The Philippines claims that the
1 Sabah, http://en.wikipedia.org/wiki/Sabah, Date Retrieved: January 13, 2015
2 North Borneo Dispute, http://en.wikipedia.org/wiki/North_Borneo_dispute, Date
Retrieved: January 13, 2015
3 Ibid

term pajak means lease, while Malaysia claims that it means

cession4.
This event is important because it shows that the Sultan of Sulu (thereafter,
the Philippines) is merely leasing Sabah to the British Company (the colonizer of
Malaysia). The main contention of the Philippines is that since the British Company
merely leases Sabah from the Philippines, it (British Company) has no right to
secede said territory to Malaysia, after the latter became independent. The fact that
until recent years, Malaysia still pays the lease shows that the sovereignty of Sabah
still lies with the Sultan of Sulu, and thus the Philippines 5.
Malaysian Claim
Malaysia claims that the dispute is a non-issue, because the people of Sabah
already voted to become part of the Malaysian Federation. According to Malaysia,
the inhabitants of Sabah exercised their right to self-determination when they
decided to become part of Malaysia, when same was created in 1963. Furthermore,
a UN Mission to Borneo composed by members of the UN secretariat and with
delegates from various nations released a report authored by former UN Secretary
General U Thant, stating that a sizeable majority of people from Sabah is in favour
of joining Malaysia. These events, according to Malaysia, shows that Sabah decided
to join Malaysia.
The Main Issue
The integral issue is which state should exercise sovereignty over Sabah.
Sovereignty is an important concept as regards territorial claims. The state
(in this case, either Philippines or Malaysia) who has sovereign rights over a territory
owns said territory. In this sense, the territorial issue is really a sovereignty issue.
Which among the Philippines and Malaysia has sovereignty over Sabah?
Sovereignty is defined as a states independent authority and the right to
govern itself6. To exercise authority over a territory, a state must have sovereignty
over it. Sovereignty over territories can be acquired through Accretion (or through
geographical processes, such as volcanic eruptions creating new lands, etc.),
Cession (or through interstate treaties), Conquest (or military means against other
states), Effective Occupation (control of newly discovered territories) and
4 Boncales AR, A Historical Discourse of the Philippine Claim over Sabah, Northern
Illinois University, Date Retrieved: January 13, 2015
5 Ibid
6 Sovereignty, http://www.merriam-webster.com/dictionary/sovereignty, Date
Retrieved: January 13, 2015

Prescription (or actual exercise of sovereignty without objection from other states) 7.
However, one of the fundamental principles of International Law as regards
sovereignty through Cession is the concept of Self-Determination.
Self Determination is a right recognized by the United Nations through its
charter. The United Nations Charter states that its purpose is:
To develop friendly relations among nations based on respect for the
principle of equal rights and self-determination of peoples, and to take
other appropriate measures to strengthen universal peace 8
It is defined as the right to modify territorial sovereignty through the change of the
status of the territory upon which self-determination is exercised. This right provides
the basis for the sovereignty of the people over their territory 9. This right is
revolutionary because it allowed the inhabitants of the territory to choose their
sovereignty without compulsion or interference 10. All members of the United Nations
must adhere to this principle, as well as the other principles enshrined in the United
Nations charter.
The Right to Determination is vital in the Sabah Dispute because it allows the
inhabitants of Sabah to choose as to which state (among Malaysia and the
Philippines) should exercise sovereignty over said disputed territory. Said selfdetermination must be free from any interference from the disputing countries, and
transcends historical and legal rights accorded to States. Thus, it is clear that based
on the rights (to self-determination) provided to the inhabitants of Sabah,
sovereignty lies to the state chosen by the people of Sabah.
Conclusion

7 Acquisition of Sovereignty, http://en.wikipedia.org/wiki/Acquisition_of_sovereignty,

Date Retrieved: January 13, 2015
8 United Nations Charter, Chapter I,
http://www.un.org/en/documents/charter/chapter1.shtml, Date Retrieved: January
13, 2015
9 Kohen MG, Hebie M, Territory, Acquisition,
http://opil.ouplaw.com/view/10.1093/law:epil/9780199231690/law-9780199231690e1118, Date Retrieved: January 13, 2015
10 United Nations Charter, Chapter I,
http://www.un.org/en/documents/charter/chapter1.shtml, Date Retrieved: January
13, 2015

Based on the aforesaid, Malaysia has sovereignty over Sabah based on the
right to self-determination of Sabahs inhabitants. Sabah exercised this right when it
voted to join the Malaysian confederation in 1963. This right (to self-determination)
normally transcends the historical right of state, as it is already the people, the very
inhabitants of Sabah, who chose its sovereign. Also, it is a right enshrined by the
United Nations and it thus compulsory to member states, such as the Philippines.