Sabah dispute
Encyclopedia
North Borneo dispute refers to the status of northeastern part of the state of Sabah
in Malaysia. Sabah was previously known as North Borneo
prior to the formation of the Malaysian federation in 1963. The Philippines through the heirs of the Sultanate of Sulu claim the northeastern part of Sabah as part of their territory on the basis that that part of Sabah was only leased to the British North Borneo Company.
, His Majesty Sultan Jamalul A'Lam, signed a treaty, under what he leased the territory of North Borneo
to Gustavus von Overbeck, an Austrian who was then the Austro-Hungarian Empire's consul-general in Hong Kong
and to his British partner Alfred Dent, residing in London, as representatives of the British North Borneo Company
, without giving away his sovereign rights, and for as long as they desire to use these coastlines. Von Overbeck procured the necessary firearms and also promised to pay to His Majesty Jamalul A'Lam, his heirs and successors the sum of 5,000 dollars a year payable every year.
On 22 April 1903 His Majesty Sultan Jamalul Kiram signed a document known "Confirmation of cession of certain islands", under what he leased additional islands in the neighbourhood of the mainland of North Borneo from the island of Banggi to Sibuku Bay to British North Borneo Company. The sum 5,000 dollars a year payable every year increased to 5,300 dollars a year payable every year.
The key word in the both agreements was "pajak", which has been translated by American
, Dutch
and Spanish linguists to mean "lease" or "arrendamiento".
to cement Spanish influence over the islands of the Philippines. In the same agreement, Spain relinquished all claim to North Borneo which had belong to the Sultanate in the past.
WORLD WAR II : THE JAPANESE IMPERIAL ARMY INVASION OF NORTH BORNEO (SABAH) AND MOST OF THE TERRITORIES OF SOUTH EAST ASIA INCLUDING THE PHILIPPINES.
The Japanese invasion in December 1941 was a water-shed in Borneo's history. Although the island was primarily strategic importance to the Japanese, they rebuild the oil fields at Miri and Balikpapan (which had been sabotaged by the Allied Forces) for the use of their Navy, and extracted large quantities of timber from the forests.
There was little interference with people of the interior. By contrast, the Chinese population was trested with suspicion and sometimes extreme cruelty and rebellions against the Japanese at Jesselton and Pontianak were put down with savage brutality.
The surrender by the Japanese Army was taken by the Commander of Australia's 9th Division on 12th September 1945. In the meantime, Colonial Office officials in London had been deciding the future of British Borneo (Sabah). Sarawak and North Borneo (Sabah) were to be ceded to the British Crown by the Rajah of Sarawak and The Chartered Company, and a new Treaty of protection negotiated with the Sultan of Brunei. By July 1946, new colonial governments had been established in both Kuching and Jesselton. The people of North Borneo (Sabah) happily accepted the new colonial regime.
formally reminded Great Britain
that North Borneo did not belong to the Crown and was still part of the Sultanate of Sulu. However, the British did turn Sabah into a Crown Colony.
The Philippine Constitution of 1941 states that the national territory of the Philippines included, among other things, "all other areas which belong to the Philippines on the basis of historical rights or legal claims". Malaysia was federated in 16 September 1963. Even before Sabah was incorporated into Malaysia, the Philippines sent delegations to London reminding the British Crown that Sabah belonged to the Philippines.
The Sultanate of Sulu was granted the north-eastern part of the territory as a prize for helping the Sultan of Brunei against his enemies and from then on that part of Borneo
was recognized as part of the Sultan of Sulu's sovereignty. 1878 lease was continued until the independence and formation of the Malaysian federation in 1963 together with Singapore
, Sarawak
and the states of Malaya
. As of 2004, the Malaysian Embassy to the Philippines had been paying cession/rental money amounting to US$1,500 per year (about 6,300 Malaysian ringgits) to the heirs of the Sultanate of Sulu
. This is an act of British government before the federation and continued to the today's government of Malaysia.
Less than a decade later, the Sultanate of Sulu came under the control of Spain and was forced to sign a document giving all of the Sultan's Properties in Palawan and Sulu — excluding Northern Borneo — to Spain. In 1885, Spain relinquished all of its claim to Borneo to the British in the Madrid Protocol of 1885
.
In spite of that, in 1906 and 1920 the United States
formally reminded Great Britain
that Sabah did not belong to them and was still part of the Sultanate of Sulu on the premise that Spain never acquired sovereignty over North Borneo [see Madrid Protocol] to transfer all its claims of sovereignty over North Borneo to Great Britain on the Madrid Protocol of 1885. This is so because the Sultan of Sulu did not include his territory and dominion in North Borneo in signing the treaty of 1878 recognizing the Spanish sovereignty over “Jolo and its dependencies”. North Borneo was never considered a dependency of Jolo. However, the British Government ignored the reminder and still annexed the territory of North Borneo as a Crown Colony on July 10, 1946.
On September 12, 1962, during President Diosdado Macapagal
's administration (the father of the former Philippine president Gloria Macapagal-Arroyo
), the territory of North Borneo
, and the full sovereignty, title and dominion over the territory were ceded by the then reigning Sultan of Sulu, HM Sultan Muhammad Esmail E. Kiram I, to the Republic of the Philippines. The cession effectively gave the Philippine government the full authority to pursue their claim in international courts. The Philippines
broke diplomatic relations with Malaysia after the federation had included Sabah in 1963 but probably resumed it unofficially through the Manila Accord
. It was revealed in 1968 that Ferdinand Marcos was training a team of saboteurs on Corregidor for infiltration into Sabah but instead Marcos betrayed the saboteurs in an event known as Jabidah massacre
. Marcos later decided to drop the claim, but the aggrieved Malaysians insisted on such an explicit, humiliating public renunciation that no Philippine president could meet their conditions.
Diplomatic ties were resumed in 1989 because succeeding Philippine administrations have placed the claim in the back burner in the interest of pursuing cordial economic and security relations with Kuala Lumpur
. To date, Malaysia continues to consistently reject Philippine calls to resolve the matter of Sabah's jurisdiction to the International Court of Justice
. Sabah sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.
It is important to note that neither commission was mandated with addressing the legal status of North Borneo; neither were they 'referendums' in the proper sense.Nevertheless, the commission was mandated at addressing self-determination of the people of Sabah, i.e., the right of the people of Sabah to freely determine their own political status and freely pursue their own economic, social and cultural development. The first commission, usually known as the Cobbold Commission
was established by the Malayan and British governments and was headed by Lord Cobbold, along with two representatives of Malaya and Britain (but not either of the territories under investigation). The Commission found that 'About one third of the population of each territory [i.e. of North Borneo and of Sarawak] strongly favours early realisation of Malaysia without too much concern over terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards... The remaining third is divided between those who insist upon independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come' .
Indonesia and the Philippines rejected the findings of the Cobbold. In 1963, a tripartite meeting was held in Manila between Indonesian president Soekarno, Philippines president Diosdado Macapagal
and Malayan Prime Minister Tunku Abdul Rahman
. The meeting agreed to petition the UN to send another commission of enquiry and the Philippines and Indonesia agreed to drop their objection to the formation of Malaysia if the new commission found popular opinion in the territories in favour. The UN Mission to Borneo was thus established, comprising members of the UN Secretariat from Argentina
, Brazil
, Ceylon, Czechoslovakia
, Ghana
, Pakistan
, Japan
and Jordan
. The Mission's report, authored by UN Secretary-General U Thant
found ‘a sizeable majority of the people' in favour of joining Malaysia. Although Indonesia and the Philippines subsequently rejected the report's findings – and Indonesia continued its semi-military policy of konfrontasi towards Malaysia – the report in effect sealed the creation of Malaysia.
, including Datu Esmail E. Kiram (in 1950 he was crowned as Sultan Esmail E. Kiram) and Putli Tarhata Kiram, upheld the validity of the claim of the heirs.
for Pulau Sipadan
and Pulau Ligitan
to remain under the jurisdiction and sovereignty of Malaysia rather than Indonesia
. The Philippines had an application to intervene in the case of Sipadan Island and Ligitan Island, but was rejected by ICJ. On basis of Malaysia effectivités on Sipadan Island and Ligitan Island, the judges concluded the sovereignty of both islands are under Malaysia. Also, from the case, it is allegedly that the sovereignty of both islands were passed down from the Sultan of Sulu to Spain, the United States, Great Britain on behalf of the State of North Borneo, the United Kingdom of Great Britain and Northern Ireland and finally to Malaysia. Even though this is not the reason that the islands fall into sovereignty of Malaysia because neither the parties having found to have treaty based title to Sipadan Island and Ligitan Island.
Sabah's Chief Minister Musa Aman sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.
Sabah
Sabah is one of 13 member states of Malaysia. It is located on the northern portion of the island of Borneo. It is the second largest state in the country after Sarawak, which it borders on its southwest. It also shares a border with the province of East Kalimantan of Indonesia in the south...
in Malaysia. Sabah was previously known as North Borneo
North Borneo
North Borneo was a British protectorate under the sovereign North Borneo Chartered Company from 1882 to 1946. After the war it became a crown colony of Great Britain from 1946 to 1963, known in this time as British North Borneo. It is located on the northeastern end of the island of Borneo. It is...
prior to the formation of the Malaysian federation in 1963. The Philippines through the heirs of the Sultanate of Sulu claim the northeastern part of Sabah as part of their territory on the basis that that part of Sabah was only leased to the British North Borneo Company.
Grant by Sultan of Sulu of territories and lands on the mainland of the island of Borneo
On 22 January 1878 the ruler of SuluRoyal House of Sulu
The current ruling royal house of Sulu is the Royal House of Kiram. The Royal House of Kiram.descends from Sultan Jamalul Kiram I, who was the Sultan of Sulu from 1823–1844.Members of the royal house of Sulu....
, His Majesty Sultan Jamalul A'Lam, signed a treaty, under what he leased the territory of North Borneo
North Borneo
North Borneo was a British protectorate under the sovereign North Borneo Chartered Company from 1882 to 1946. After the war it became a crown colony of Great Britain from 1946 to 1963, known in this time as British North Borneo. It is located on the northeastern end of the island of Borneo. It is...
to Gustavus von Overbeck, an Austrian who was then the Austro-Hungarian Empire's consul-general in Hong Kong
Hong Kong
Hong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
and to his British partner Alfred Dent, residing in London, as representatives of the British North Borneo Company
British North Borneo Company
The North Borneo Chartered Company or British North Borneo Company was a chartered company assigned to administer North Borneo in August 1881. North Borneo became a protectorate of the British Empire with internal affairs administered by the company until 1946 when it became the colony of British...
, without giving away his sovereign rights, and for as long as they desire to use these coastlines. Von Overbeck procured the necessary firearms and also promised to pay to His Majesty Jamalul A'Lam, his heirs and successors the sum of 5,000 dollars a year payable every year.
On 22 April 1903 His Majesty Sultan Jamalul Kiram signed a document known "Confirmation of cession of certain islands", under what he leased additional islands in the neighbourhood of the mainland of North Borneo from the island of Banggi to Sibuku Bay to British North Borneo Company. The sum 5,000 dollars a year payable every year increased to 5,300 dollars a year payable every year.
The key word in the both agreements was "pajak", which has been translated by American
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, Dutch
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
and Spanish linguists to mean "lease" or "arrendamiento".
Madrid Protocol
The Sulu Sultanate later came under the control of Spain in Manila. In 1885, Great Britain, Germany and Spain signed the Madrid ProtocolMadrid Protocol of 1885
The Madrid Protocol of 1885 is an agreement between Great Britain, Germany and Spain to recognize the sovereignty of Spain over the Sulu Archipelago as well as the limit of Spanish influence in the region...
to cement Spanish influence over the islands of the Philippines. In the same agreement, Spain relinquished all claim to North Borneo which had belong to the Sultanate in the past.
WORLD WAR II : THE JAPANESE IMPERIAL ARMY INVASION OF NORTH BORNEO (SABAH) AND MOST OF THE TERRITORIES OF SOUTH EAST ASIA INCLUDING THE PHILIPPINES.
The Japanese invasion in December 1941 was a water-shed in Borneo's history. Although the island was primarily strategic importance to the Japanese, they rebuild the oil fields at Miri and Balikpapan (which had been sabotaged by the Allied Forces) for the use of their Navy, and extracted large quantities of timber from the forests.
There was little interference with people of the interior. By contrast, the Chinese population was trested with suspicion and sometimes extreme cruelty and rebellions against the Japanese at Jesselton and Pontianak were put down with savage brutality.
The surrender by the Japanese Army was taken by the Commander of Australia's 9th Division on 12th September 1945. In the meantime, Colonial Office officials in London had been deciding the future of British Borneo (Sabah). Sarawak and North Borneo (Sabah) were to be ceded to the British Crown by the Rajah of Sarawak and The Chartered Company, and a new Treaty of protection negotiated with the Sultan of Brunei. By July 1946, new colonial governments had been established in both Kuching and Jesselton. The people of North Borneo (Sabah) happily accepted the new colonial regime.
Philippine Claim
In 1906 and in 1920, the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
formally reminded Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
that North Borneo did not belong to the Crown and was still part of the Sultanate of Sulu. However, the British did turn Sabah into a Crown Colony.
The Philippine Constitution of 1941 states that the national territory of the Philippines included, among other things, "all other areas which belong to the Philippines on the basis of historical rights or legal claims". Malaysia was federated in 16 September 1963. Even before Sabah was incorporated into Malaysia, the Philippines sent delegations to London reminding the British Crown that Sabah belonged to the Philippines.
The Sultanate of Sulu was granted the north-eastern part of the territory as a prize for helping the Sultan of Brunei against his enemies and from then on that part of Borneo
Borneo
Borneo is the third largest island in the world and is located north of Java Island, Indonesia, at the geographic centre of Maritime Southeast Asia....
was recognized as part of the Sultan of Sulu's sovereignty. 1878 lease was continued until the independence and formation of the Malaysian federation in 1963 together with Singapore
Singapore
Singapore , officially the Republic of Singapore, is a Southeast Asian city-state off the southern tip of the Malay Peninsula, north of the equator. An island country made up of 63 islands, it is separated from Malaysia by the Straits of Johor to its north and from Indonesia's Riau Islands by the...
, Sarawak
Sarawak
Sarawak is one of two Malaysian states on the island of Borneo. Known as Bumi Kenyalang , Sarawak is situated on the north-west of the island. It is the largest state in Malaysia followed by Sabah, the second largest state located to the North- East.The administrative capital is Kuching, which...
and the states of Malaya
Federation of Malaya
The Federation of Malaya is the name given to a federation of 11 states that existed from 31 January 1948 until 16 September 1963. The Federation became independent on 31 August 1957...
. As of 2004, the Malaysian Embassy to the Philippines had been paying cession/rental money amounting to US$1,500 per year (about 6,300 Malaysian ringgits) to the heirs of the Sultanate of Sulu
Royal House of Sulu
The current ruling royal house of Sulu is the Royal House of Kiram. The Royal House of Kiram.descends from Sultan Jamalul Kiram I, who was the Sultan of Sulu from 1823–1844.Members of the royal house of Sulu....
. This is an act of British government before the federation and continued to the today's government of Malaysia.
Less than a decade later, the Sultanate of Sulu came under the control of Spain and was forced to sign a document giving all of the Sultan's Properties in Palawan and Sulu — excluding Northern Borneo — to Spain. In 1885, Spain relinquished all of its claim to Borneo to the British in the Madrid Protocol of 1885
Madrid Protocol of 1885
The Madrid Protocol of 1885 is an agreement between Great Britain, Germany and Spain to recognize the sovereignty of Spain over the Sulu Archipelago as well as the limit of Spanish influence in the region...
.
In spite of that, in 1906 and 1920 the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
formally reminded Great Britain
Great Britain
Great Britain or Britain is an island situated to the northwest of Continental Europe. It is the ninth largest island in the world, and the largest European island, as well as the largest of the British Isles...
that Sabah did not belong to them and was still part of the Sultanate of Sulu on the premise that Spain never acquired sovereignty over North Borneo [see Madrid Protocol] to transfer all its claims of sovereignty over North Borneo to Great Britain on the Madrid Protocol of 1885. This is so because the Sultan of Sulu did not include his territory and dominion in North Borneo in signing the treaty of 1878 recognizing the Spanish sovereignty over “Jolo and its dependencies”. North Borneo was never considered a dependency of Jolo. However, the British Government ignored the reminder and still annexed the territory of North Borneo as a Crown Colony on July 10, 1946.
On September 12, 1962, during President Diosdado Macapagal
Diosdado Macapagal
Diosdado Pangan Macapagal was the ninth President of the Philippines, serving from 1961 to 1965, and the sixth Vice President, serving from 1957 to 1961. He also served as a member of the House of Representatives, and headed the Constitutional Convention of 1970...
's administration (the father of the former Philippine president Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo
Gloria Macapagal-Arroyo is a Filipino politician who served as the 14th President of the Philippines from 2001 to 2010, as the 12th Vice President of the Philippines from 1998 to 2001, and is currently a member of the House of Representatives representing the 2nd District of Pampanga...
), the territory of North Borneo
North Borneo
North Borneo was a British protectorate under the sovereign North Borneo Chartered Company from 1882 to 1946. After the war it became a crown colony of Great Britain from 1946 to 1963, known in this time as British North Borneo. It is located on the northeastern end of the island of Borneo. It is...
, and the full sovereignty, title and dominion over the territory were ceded by the then reigning Sultan of Sulu, HM Sultan Muhammad Esmail E. Kiram I, to the Republic of the Philippines. The cession effectively gave the Philippine government the full authority to pursue their claim in international courts. The Philippines
Philippines
The Philippines , officially known as the Republic of the Philippines , is a country in Southeast Asia in the western Pacific Ocean. To its north across the Luzon Strait lies Taiwan. West across the South China Sea sits Vietnam...
broke diplomatic relations with Malaysia after the federation had included Sabah in 1963 but probably resumed it unofficially through the Manila Accord
Manila Accord
The Manila Accord of the Diosdado Macapagal initiative was signed on 31 July 1963 by the Federation of Malaya, the Republic of Indonesia and the Republic of the Philippines, after a meeting of from 7 to 11 June 1963 at Manila The countries have agreed to the wishes of the people of Sabah and...
. It was revealed in 1968 that Ferdinand Marcos was training a team of saboteurs on Corregidor for infiltration into Sabah but instead Marcos betrayed the saboteurs in an event known as Jabidah massacre
Jabidah massacre
The Jabidah massacre, also known as the Corregidor massacre, refers to an incident in which members of the Armed Forces of the Philippines massacred a number of Moro Muslim recruits under their supervision. Sources differ regarding the details, with the number of victims ranging from 14 to 68, and...
. Marcos later decided to drop the claim, but the aggrieved Malaysians insisted on such an explicit, humiliating public renunciation that no Philippine president could meet their conditions.
Diplomatic ties were resumed in 1989 because succeeding Philippine administrations have placed the claim in the back burner in the interest of pursuing cordial economic and security relations with Kuala Lumpur
Kuala Lumpur
Kuala Lumpur is the capital and the second largest city in Malaysia by population. The city proper, making up an area of , has a population of 1.4 million as of 2010. Greater Kuala Lumpur, also known as the Klang Valley, is an urban agglomeration of 7.2 million...
. To date, Malaysia continues to consistently reject Philippine calls to resolve the matter of Sabah's jurisdiction to the International Court of Justice
International Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
. Sabah sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.
Formation of Malaysia
In the years immediately before the formation of Malaysia, two commissions of enquiry visited North Borneo (along with neighbouring Sarawak) in order to establish the state of public opinion there regarding merger with Malaya (and Singapore).It is important to note that neither commission was mandated with addressing the legal status of North Borneo; neither were they 'referendums' in the proper sense.Nevertheless, the commission was mandated at addressing self-determination of the people of Sabah, i.e., the right of the people of Sabah to freely determine their own political status and freely pursue their own economic, social and cultural development. The first commission, usually known as the Cobbold Commission
Cobbold Commission
The Cobbold Commission, was a Commission of Enquiry set up to determine whether the people of North Borneo and Sarawak supported the proposal to create the Malaysia consisting of Malaya, Singapore, North Borneo, and Sarawak. It was also responsible for the subsequent drafting of the Constitution...
was established by the Malayan and British governments and was headed by Lord Cobbold, along with two representatives of Malaya and Britain (but not either of the territories under investigation). The Commission found that 'About one third of the population of each territory [i.e. of North Borneo and of Sarawak] strongly favours early realisation of Malaysia without too much concern over terms and conditions. Another third, many of them favourable to the Malaysia project, ask, with varying degrees of emphasis, for conditions and safeguards... The remaining third is divided between those who insist upon independence before Malaysia is considered and those who would strongly prefer to see British rule continue for some years to come' .
Indonesia and the Philippines rejected the findings of the Cobbold. In 1963, a tripartite meeting was held in Manila between Indonesian president Soekarno, Philippines president Diosdado Macapagal
Diosdado Macapagal
Diosdado Pangan Macapagal was the ninth President of the Philippines, serving from 1961 to 1965, and the sixth Vice President, serving from 1957 to 1961. He also served as a member of the House of Representatives, and headed the Constitutional Convention of 1970...
and Malayan Prime Minister Tunku Abdul Rahman
Tunku Abdul Rahman
Tunku Abdul Rahman Putra Al-Haj ibni Almarhum Sultan Abdul Hamid Halim Shah, AC, CH was Chief Minister of the Federation of Malaya from 1955, and the country's first Prime Minister from independence in 1957. He remained as the Prime Minister after Sabah, Sarawak, and Singapore joined the...
. The meeting agreed to petition the UN to send another commission of enquiry and the Philippines and Indonesia agreed to drop their objection to the formation of Malaysia if the new commission found popular opinion in the territories in favour. The UN Mission to Borneo was thus established, comprising members of the UN Secretariat from Argentina
Argentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
, Brazil
Brazil
Brazil , officially the Federative Republic of Brazil , is the largest country in South America. It is the world's fifth largest country, both by geographical area and by population with over 192 million people...
, Ceylon, Czechoslovakia
Czechoslovakia
Czechoslovakia or Czecho-Slovakia was a sovereign state in Central Europe which existed from October 1918, when it declared its independence from the Austro-Hungarian Empire, until 1992...
, Ghana
Ghana
Ghana , officially the Republic of Ghana, is a country located in West Africa. It is bordered by Côte d'Ivoire to the west, Burkina Faso to the north, Togo to the east, and the Gulf of Guinea to the south...
, Pakistan
Pakistan
Pakistan , officially the Islamic Republic of Pakistan is a sovereign state in South Asia. It has a coastline along the Arabian Sea and the Gulf of Oman in the south and is bordered by Afghanistan and Iran in the west, India in the east and China in the far northeast. In the north, Tajikistan...
, Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
and Jordan
Jordan
Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...
. The Mission's report, authored by UN Secretary-General U Thant
U Thant
U Thant was a Burmese diplomat and the third Secretary-General of the United Nations, from 1961 to 1971. He was chosen for the post when his predecessor, Dag Hammarskjöld, died in September 1961....
found ‘a sizeable majority of the people' in favour of joining Malaysia. Although Indonesia and the Philippines subsequently rejected the report's findings – and Indonesia continued its semi-military policy of konfrontasi towards Malaysia – the report in effect sealed the creation of Malaysia.
Further claim
In 1939, a court judgment on the claim had handed ownership of North Borneo to the heirs of the Sultanate before the formation of Malaysian federation in 1963. The judgment of Chief Justice C. F. C. Makaskie of the High Court of North Borneo in the civil suit filed by the late Dayang Dayang Hadji Piandao and eight other heirs of the Sultan of SuluRoyal House of Sulu
The current ruling royal house of Sulu is the Royal House of Kiram. The Royal House of Kiram.descends from Sultan Jamalul Kiram I, who was the Sultan of Sulu from 1823–1844.Members of the royal house of Sulu....
, including Datu Esmail E. Kiram (in 1950 he was crowned as Sultan Esmail E. Kiram) and Putli Tarhata Kiram, upheld the validity of the claim of the heirs.
Developments
Sabah's position within Malaysia was reinforced by the ruling made by the International Court of JusticeInternational Court of Justice
The International Court of Justice is the primary judicial organ of the United Nations. It is based in the Peace Palace in The Hague, Netherlands...
for Pulau Sipadan
Sipadan
Sipadan is the only oceanic island in Malaysia, rising from the seabed. It is located in the Celebes Sea off the east coast of Sabah, East Malaysia . It was formed by living corals growing on top of an extinct volcanic cone that took thousands of years to develop...
and Pulau Ligitan
Ligitan
Ligitan is a small island in Tawau, Sabah, located east of the island of Borneo, in the Celebes Sea. In the past, the island was at the centre of a territorial dispute between Malaysia and Indonesia...
to remain under the jurisdiction and sovereignty of Malaysia rather than Indonesia
Indonesia
Indonesia , officially the Republic of Indonesia , is a country in Southeast Asia and Oceania. Indonesia is an archipelago comprising approximately 13,000 islands. It has 33 provinces with over 238 million people, and is the world's fourth most populous country. Indonesia is a republic, with an...
. The Philippines had an application to intervene in the case of Sipadan Island and Ligitan Island, but was rejected by ICJ. On basis of Malaysia effectivités on Sipadan Island and Ligitan Island, the judges concluded the sovereignty of both islands are under Malaysia. Also, from the case, it is allegedly that the sovereignty of both islands were passed down from the Sultan of Sulu to Spain, the United States, Great Britain on behalf of the State of North Borneo, the United Kingdom of Great Britain and Northern Ireland and finally to Malaysia. Even though this is not the reason that the islands fall into sovereignty of Malaysia because neither the parties having found to have treaty based title to Sipadan Island and Ligitan Island.
Sabah's Chief Minister Musa Aman sees the claim made by the Philippines' Moro leader Nur Misuari to take Sabah to International Court of Justice (ICJ) as a non-issue and thus dismissed the claim.