Archive for the ‘Moro National Liberation Front (MNLF)’ Category


The tragic and outrageous shooting down of Malaysian Airlines flight MH17 on its journey from Amsterdam to Kuala Lumpur over Ukrainian airspace on Thursday is a direct consequence of the ongoing war in Ukraine. Even while offering solace to the family of the dead, the international community needs to fix the responsibility for the firing of the missile that brought down MH17 that was flying at 33,000 feet above sea level, with 298 people on board.

The blame game has already started among the Ukrainian government, the pro-Russian rebel forces fighting the separatist war in the eastern part of the country, and Russia itself. There have been previous instances of Ukraine’s military aircraft getting shot down in the same region. It is surprising that MAS and some other international carriers have been sticking to this dangerous airspace all these weeks and months and only now have decided to steer clear of the zone. The Ukrainian rebels, the prime suspects, were perhaps targeting another Ukrainian military aircraft expected at that time; they even claimed they were in possession of missiles and had shot down a military aircraft.

Big powers playing proxy, aiding rebels to defeat the incumbent is not new and the US did the very same thing through her CIA in funding and arming the Taliban – including anti aircraft Stinger missiles -to oust the Russians in Afghanistan. As an aftermath, the Taliban has arms and deadly Stinger missiles even till to day. Now it seems it is the Russian’s turn to suffer a similar odium. Russia should put an end to separatist rebels group. We should not forget that history is full of examples where countries have created groups for their benefits but later on these groups have created problems for these countries. Even Malaysia helped the Moro separatist in Southern Philippines at one time and now the same group is creating trouble in Sabah and things have back fired big time for Malaysia, while I’m writing this piece there is even a curfew being declared in the east-coast of Sabah. What goes around sure comes around…

This ghastly tragedy could not have come at a worse time for us in Malaysia. Hardly four months ago, MH370 mysteriously went missing while on its way from Kuala Lumpur to Beijing. Even debris has not been found till to date and there is no clue on what happened to it.

The fallout of the war in Ukraine, in which Russia has played a controversial role, has now become an even bigger international issue with the shooting down of our MAS aircraft. Some countries have already called for the United Nations to play a more decisive role in ending this conflict and also taking charge of the investigation. There were a couple of other aircraft quite close to the site where MAS flight MH17 was shot down. Russian President Vladimir Putin was reportedly in the air at the same time. An Air India aircraft carrying Prime Minister Narendra Modi made a diversion to avoid this zone. Tragedies such as this only revive the demand for international aviation organisations to take a more active and dynamic role in tracking or monitoring flights in the interests of the safety of passengers. Airlines will have to accept such a monitoring mechanism sooner rather than later. The Ukrainian authorities have already begun a probe and have taken note of some Twitter posts purportedly put out by the separatists who they say are to blame. The immediate need is to order a full-fledged international investigation into this tragedy, as demanded by our Prime Minister Najib Tun Razak, perhaps headed by the International Civil Aviation Organisation.

Unfortunately, no remedy is available to Malaysia or to MAS whose plane has been shot. Further, one wonders whether there is any remedy available to crew and passengers’ relatives. What can be done by the United Nations to avoid such attacks in future? It appears that United Nation is simply a helpless watcher, just as it is in case of Israeli attack on Palestine’s Gaza residents.

In this tragedy, we all must stand together as Malaysians. But again I say, what goes around sure comes around…


Hello everybody!

It’s here!! The final stretch for our Kickstarter campaign. There are only 7 more days to go before the campaign ends!! With still more than half way to go to reach our goal I implore you to rally those around you, friends, family, colleagues, somewhat friendly acquaintances, anybody you can get to please help support our film. We really want this film to reach an audience and to do that we need every single pledge we can get. The issue of stateless people in Sabah is one that directly affects Sabah’s socio-economic landscape and the growing population of stateless individuals is one of the bigger problems that has been plaguing Sabah. It is high-time this issue was addressed and awareness on the human implications of the situation cultivated.

As promised we have prepared a clip from the film that showcases the opinions of various knowledgeable sources on the dilemma. I hope you enjoy the video and you have not yet pledged please pledge any amount you can so we can get this film out to the public.

Many thanks,

Azliana

 

Di Ambang: Stateless in Sabah


by Joe Fernandez
Guest Columnist

COMMENTIf the Government in Putrajaya is truly honest with itself, it will confront the fact that there’s very little sympathy in Sabah and Sarawak on the ground for the security forces apparently battling it out in Lahad Datu. It’s 50 years too late. They might as well pack up and go home and instead recall the Sabah Border Scouts and Sarawak Rangers.

At the same time, the continuing statements from one Jamalul Kiram III, the Manila press, the Philippines Government and Nur Misuari of the Moro National Liberation Front (MNLF) on Sabah and Sarawak are being viewed in the right perspective.

Local political parties in Sabah and Sarawak are convinced, like the descendants of the heirs of the defunct Sulu Sultanate and Nur Misuari that the International Court of Justice (ICJ) in The Hague is the best venue to settle rival claims to the two Borneo nations. Already, the State Reform Party (Star) led by Jeffrey Kitingan, has reportedly included the ICJ option in their draft Manifesto for the forthcoming 13th General Election.

The ICJ is also the best venue to address the fact that Singapore was expelled in 1965 from the Federation of Malaysia by unconstitutional, unlawful and illegal means. It’s an open secret that then Malaysian Prime Minister Tunku Abdul Rahman had the doors of Parliament locked until the MPs agreed to the expulsion of the city state from the Federation.

The general consensus across both sides of the Sulu Sea is that the Sabah/Sarawak issue will not go away unless there’s a final resolution one way or another. In the absence of a final resolution, the security of both Sabah and Sarawak will continue to be compromised and thereby affect investor and consumer confidence.  

Singapore Application would be a continuation of Pulau Batu Putih case

If Singapore is featured as well at the same time that the cases of Sabah and Sarawak are considered, it would amount to a revisitation of the Pulau Batu Putih hearings which saw the island of a few rocks being awarded to the city state.

The Singapore Application could be made by the Government of that island or vide a Class Action Suit commenced by concerned citizens seeking closure on an issue which has bedevilled relations on both sides of the causeway since 1965.

The descendants of the nine heirs of the defunct Sulu Sultanate claim that they have private property rights to Sabah or parts of it. They further claim and/or used to claim that sovereignty over Sabah rests with the Philippines Government. This is a grey area since one Sulu Sultan apparently “transferred” his sultanate’s sovereignty over Sabah to the Manila Government by way of a Power of Attorney which has reportedly since expired.

Jamalul Kiram III claims to be Sultan of Sulu.

Sulu claimants, Nur Misuari don’t have a leg to stand on in Sabah, Sarawak

At last count there were some 60 claimants to the Sulu Sultanship, not all being descendants of the nine heirs of the defunct Sulu Sultanate.

The nine Plaintiffs viz. Dayang Dayang Piandao Kiram, Princess Tarhata Kiram, Princess Sakinur Kiram, Sultan Ismael Kiram, Sultan Punjungan Kiram, Sitti Rada Kiram, Sitti Jahara Kiram, Sitti Mariam Kiram and Mora Napsa were recognised by C. F. Mackasie, Chief Judge of Borneo, on 13 Dec, 1939 in response to Civil Suit No. 169/39.

The Judge ruled that the nine heirs, as the beneficiaries under the will of the late Sultan Jamalul Kiram, who died at Jolo on 7 June 1935, are entitled to collect a total of RM 5,300 per annum from Sabah in perpetuity for having foregone in perpetuity the right to collect tolls along the waterways in eastern Sabah. The reference point was the deed of cession made between the Sultan of Sulu and the predecessors of the British North Borneo Chartered Company on Jan 22, 1878, and under a confirmatory deed dated April 22, 1903.

If the descendants of the nine heirs end up at the ICJ in The Hague, there are no prizes for guessing which way the case will go.

The Sulu claimants don’t have a leg to stand on in Sabah.

Nur Misuari ready to do battle with a battery of lawyers

The Sulu Sultans of old were extorting tolls, virtually a criminal activity, from the terrified traffic along the eastern seaboard of Sabah. The Brunei Sultanate meanwhile denies ever handing any part of Sabah, or the right to collect tolls along the waterways, to Sulu.

The British North Borneo Chartered Company had no right whatsoever to enter into negotiations on behalf of the people of Sabah with anyone.

The entire land area of Sabah, by history, Adat and under Native Customary Rights (NCR), belonged to the Orang Asal (Original People) of the Territory.

The sovereignty of Sabah rests with the people of Sabah. This sovereignty was re-affirmed on 31 Aug, 1963 when the state won independence from Britain which had occupied the state after World War II. Therein the matter lies. The sovereignty of Sabah had never been transferred to Brunei, Sulu, the Philippines, Britain or Malaya, masquerading as Malaysia since 16 Sept, 1963.

Likewise, Sarawak’s independence was re-affirmed on 22 July, 1963 when the British left. Sarawak had been an independent country for over 150 years under its own Rajah until World War II intervened and the Japanese occupied the country. The war over, the British coerced the Rajah to hand over his country to the Colonial Office in London because they had plans to form the Federation of Malaysia with Sarawak as one of the constituent elements. British occupation of Sarawak was illegal and an act of piracy.

Nur Misuari claims that Sarawak had belonged to his family, from the time of his great great grandfather. He claims that he has the services of the best lawyers at his disposal to make his case at The Hague.

Cobbold Commission a scam by British and Malayan Governments

The outcome of any hearing at The Hague will be a forgone conclusion: the Sulu and Nur Misuari petitions will be struck out without even a hearing; the Court will rule that the people of Sabah and Sarawak never agreed to be in Malaysia; and Singapore will hear that its expulsion from Malaysia in 1965 was unconstitutional, unlawful and illegal. The people of Sabah and Sarawak must be given the right to intervene in the Applications at the ICJ which will determine their fate. There’s nothing to prevent the people of Sulu and the southern Philippines from throwing in an Application that the Philippines Government has no business to occupy their traditional Muslim homeland.

The people of Singapore decided in a Yes or Note Vote in 1962 to the idea of independence through merger with Malaya via the Federation of Malaysia. The inclusion of Orang Asal-majority Sabah, Sarawak and Brunei was to facilitate the merger between Chinese-majority Singapore and non-Malay majority Malaya.

Brunei stayed out of Malaysia at the 11th hour after an armed rebellion in the Sultanate against the idea of Sabah, Sarawak and Brunei being in Malaysia.

No Referendum was held in Sabah, Sarawak, Brunei and Malaya on Malaysia. The Kelantan Government even took the matter to Court.

A sampling of community leaders conducted by the Cobbold Commission found that only the Suluk and Bajau community leaders, perhaps sensing some personal benefits for themselves as proxies of Muslim-controlled Kuala Lumpur, agreed with the idea of Malaysia.

Revolution another possibility to finish off Sulu, Nur Misuari, Manila

Orang Asal community leaders wanted a period of independence before looking at the idea of Malaysia again. They asked for further and better particulars on Malaysia to be used as the reference point for a future re-visitation of the Malaysia Concept. They were not provided these further and better particulars.

The Chinese community leaders, keeping the eventual fate of the resources and revenues of the country uppermost in mind, totally rejected the idea of Malaysia. They were not wrong. Putrajaya today carts away all the resources and revenues of Sabah and Sarawak to Malaya and very little of it comes back to the two Borneo.

The Cobbold Commission disingenuously declared that two third of the people in Sabah i.e. Suluk/Bajau + Orang Asal supported Malaysia. The Commission made the same declaration in Sarawak where only the Sarawak Malay community leaders supported the idea of Malaysia for self-serving reasons.

When Singapore was expelled from Malaysia, Sabah and Sarawak – the facilitators of the merger between Singapore and Malaya – were not allowed to exit the Federation. This is a crucial point which will feature at the ICJ.

Security became an afterthought. But as the continuing influx of illegal immigrants into Sabah and Sarawak, and the Lahad Datu intrusion, has proven, there has been no security for both Borneo nations in Malaysia. ESSCOM (Eastern Sabah Security Command) and ESSZONE (Eastern Sabah Safety Zone) comes too little too late, after 50 years.

In the unlikely event that the ICJ rules in favour of the heirs of the defunct Sulu Sultanate and Nur Misuari, it would be the sacred duty of Sabahans and Sarawakians to launch a Revolution and decapitate all the claimants to their countries from the Philippines.

This would bury the issue once and for all and shut up the Manila press and the Philippines Government.

Singapore’s re-admission to Malaysia, if it materialises, would not persuade Sabah and Sarawak to join the Federation as well. The people would want Malaya even quicker out Sabah and Sarawak. It would be the end of a long drawn out nightmare.

 

Joe Fernandez is a graduate mature student of law and an educationist, among others, who loves to write especially Submissions for Clients wishing to Act in Person. He feels compelled, as a semi-retired journalist, to put pen to paper — or rather the fingers to the computer keyboard — whenever something doesn’t quite jell with his weltanschauung (worldview). He shuttles between points in the Golden Heart of Borneo formed by the Sabah west coast, Labuan, Brunei, northern Sarawak and the watershed region in Borneo where three nations meet.