Tuesday, May 21, 2013

My Space: A Study on the Actions made by the PNoy Administration on the Territorial Claims to Sabah




If you think PNoy has become inactive during the Sabah stand-off issue, better think again. Maybe his "inactions" are just part of his administration's political tactic or, if we look it in a positive perspective, it was the best he could do for the benefit of the stakeholders in this issue. 

How much has our president had contributed to resolve the conflict between Muslims in Lahad Datu and the Malaysian authorities? Let us take a look. PNoy had appealed to Kiram to end the stand-off in Sabah and he also condemned the use of weapons to resolve the problem. (Gutierrez, N. 2013. Rappler.com). It was indeed, an ethical decision to avoid more casualties and deaths. If you want to settle things in a diplomatic way, utilizing high-caliber weapons would mean less of diplomacy. PNoy also warned Kiram to surrender to the Malaysian authorities or they will "face the consequences" (Herrera, C. 2013 Manila Standard Today), which developed positions from the public. One position is that why PNoy told them to "surrender" instead of saying ,"come back". The others have thought that PNoy has been siding with the Malaysians to keep its ties. While others may think that this has to do with adhering to the laws of Malaysia as the followers of Kiram refuse to obey with the authorities in Sabah. 



Who are the Stake holders in the issue? (Who are the ones affecting and are affected in the issue?)



The issue about the territorial claim on Sabah by the Philippines is affected by the following: Pnoy, Sulttan of Sulu “JamalulKiram III”, Sulu Sultanate’s Royal Army, Moro National Liberation Front (MNLF) and United Nations (UN). Pnoy, being the president of the Philippines, affects because he has the power of being the commander in chief and it is his duty as such to defend the country, its territories and possessions from attacks. Kiram also greatly affects this issue, because he has the primary power, authority and legitimacy given by his followers to continue the claim of Sabah as Philippine territory. He was the one who started to raise the issue of claiming it. The Royal Army of the Sultan also affects for they are the ones who dwell in combats against Malaysia. They are literally in the frontline. The Moro National Liberation Front also affects because the sultanate has its support. There was a news in The Philippine Star saying “MNLF warned a “long protracted war” against Malaysia if the country will not heed the the call of the United Nations for a peaceful resolution or the ongoing Sabah crisis.” It was also reported in Interaksyon that MNLF conducts trainings that aims to rescue the Filipinos that are trapped in the mini war and allegedly being abused by Malaysian securities in Sabah. United Nation lead by UN Secretary General, Ban Ki-moon, has also been part of the issue when it intervened and became a mediator to end the violence happening in Sabah. There was a news in The Philippine Star that the UN chief “encourages dialogue among all parties for a peaceful resolution of the situation.” 






As the powers of these people are being exercised, having all of their actions taken into consideration, the first persons who are affected by this issue are the Filipinos and other people in Sabah. 3,177,000 is the estimated population of Sabah and 800,000 are Filipinos or 160, 000 are Filipino Families. They are affected for they are the one in the zone where the collision of the conflict of the two races happens. There was a news that 4,771 Filipinos fled back to the Philippines because they are suspected on supporting the sultanate. Second, the Filipinos in Malaysia but not in Sabah can be affected, because they might experience discrimination and unfavorable decisions of the security officials while they are staying there. Third, the whole Philippines and whole Malaysia because when the case aggravates it is likely to happen that the good economic relationship of the Malaysia and the Philippines, that they had become trading partners, will be gone, thus, will affect the Philippines and Malaysia as a whole.


Positions regarding the issue:
· PNoy decided to use diplomacy and sends our naval vessels to evacuate the citizen.

According to Sen. Chiz Escudero, we should support the President’s response since foreign policy is within the discretion of the President as head of state. This is a pro side on the response since he did not want any bloodshed and wanted to settle the feud peacefully. He did not want aggravate more the Malaysian government.


· PNoy did not sever his ties with Malaysia.

Global Asia stated that, Malaysia is also considered as part of the Tiger Cub Economy, therefore it also helps the Philippines economy boom. With PNoy’s actions, he considered the global audience and global standards of settling the dispute therefore he considered the economy and the global justice in settling the matter.


· PNoy ordered Kiram to come back to the Philippines to avoid casualties.

Jojo Robles voiced out the fact that this action of PNoy can be seen that he’s serious with having peace with the Malaysian government. He asked Kiram to come back in order to settle the dispute the manner he wanted.


· PNoy alienated the Muslim community in Sabah.

However, Bernie Lopez of Global Pinoy said that with PNoy’s decision to surrender, he actually left the Muslim community alone in this fight. He did not actually want to involve himself. He therefore then lost the respect of the Muslim community since instead of giving off a sympathy, he gave off a rude remark and altogether 

· PNoy “practically” helped the Malaysian offense.

According to Dennis Carcamo of Philippine Star, PNoy “practically” lent support to the Malaysians due to the indecisive and ineffectiveness of PNoy’s actions. He further said that this also results to the undermining of our claims in Sabah.



With people having different opinions regarding the issue, how would experts handle the issue if they were the ones to take action upon it? Professor Harry Roque of the U.P. College of Law said in an article that it is incumbent on President Aquino’s administration to espouse claims of the sultanate and adding that Article 1 of the 1987 Constituion mandates this. (Roque H. 2013) In a news interview with Senator-Elect Gringo Honasan last March 1, he stated that the President sent mixed signals. (Macaraig A. 2013) The followers of Kiram were asked to return home but at the same time, the President implied in subsequent statements that they could face criminal charges. He added, “That should have been calibrated. If you were in their place, it’s like being made to choose between the devil and the deep blue sea.” 


In a separate conference last March 3, former President Joseph Estrada pointed out that the only solution now is to avoid bloodshed and violence by letting the International Court of Justice take over. He added, “instead of having a war now, let us just elevate to the International Court of Justice. Right now, I don’t see how else we can solve the problem. (Macaraig A. 2013) Contrary to what the former President suggests, . W. Scott Thompson, a professor at the Fletcher School of Law and Diplomacy, wrote in article that “If sent to the International Court of Justice (ICJ), the issue will just stretch Filipino credibility worldwide, and the ICJ will reject the claim. Otherwise, the whole international order becomes a house of cards.” (Scott Thompson W. 2013).



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