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).



Disclaimer: Photos from the internet. Property of the respective owners.

3 comments:

  1. Is Sultan Jamalul Kiram III of the Sultanate of Sulu claiming Sabah as part of the Philippine Territory or just merely as part of the Sultanate of Sulu? If the answer is the former, then he should not be the primary mover and leader of the claim, it should be the State of the Philippines, headed by the President of the Republic,and not the Sultanate of Sulu. If the answer is the latter, then, let them face the problem themselves, it is a selfish claim on their part, but we should assure the safety and security of our fellow Filipinos living and making a living on Sabah and on Malaysia in general. And being part of the Sultanate of Sulu doesn't necessarily mean that Sabah should be a part of the territory of the State of the Philippines as for me. The Sabah issue has been a part of our (diplomatic)history with Malaysia, and is still unresolved. The only thing that is left untried is a referendum done by the people of Sabah. At least, if it is the people who decided, we have nothing to do pro or against it, for the people has spoken. And let's not treat Sabah as just a mere piece of land, it is a territory inhabited by people.

    ReplyDelete
  2. President Noynoy Aquino III, through his "inactions" as you've coined in this article, has truly acted out for the greater good of not risking the safety of the whole Filipino nation in the Sabah dispute. He knew better than to declare an open war with Malaysia with whom our economy is interrelated. However, claiming from the very beginning of this study that his inactivity is the best option for us is being unconsciously biased and supportive of his administration. Though Kiram III has showed tremendous recklessness and impulsiveness with his decisions, especially with his disregard of PNoy's orders, it is still an eye opener for the administration to start building greater defenses to protect our land from others who do nothing but claim it for their own without proofs and evidences. This, of course, includes China's claim over Spratly island. Of course, diplomatic solutions should be the first to try out, but what then must we do if the other party would not listen? Should we always surrender our own or should we continue defending what is rightfully ours? These are just some questions that up until now have no definite answers.

    On the other hand, PNoy's inactions do not make him less of a Filipino as Kiram had pointed out. He is acting out I think for "the greater good for the greatest number" which is the principle of Utilitarianism. He never did side with the Malaysian government. He sided with the Filipinos that are still residing in Sabah and even in mainland Malaysia so that they would not be discriminated for something they did not wish to happen. Moreover, if they would just listen with PNoy's decisions in this matter, the alienation of the Muslim community in Sabah wouldn't happen.

    Also, as pointed out in the comment above, it really could be assumed that Kiram is doing all of these for his self-interest and not to gain the land for the use of the Republic of the Philippines, however, Sabah should not be regarded simply as a land to be possessed, but a place where Filipinos dwell. Before anything else, the Filipinos' welfare and well-being should be the first ones to be considered. That is something that the administration should never forget. After all, it is their pledge and duty to protect their countrymen.

    I do hope that you would consider these points I have mentioned for the betterment of your study. It would be good to consider things in different angles, especially as you're all students of Polsci 11. Good luck with your paper. :)


    ---------------------------------------
    last advice: be consistent with your points.

    ReplyDelete
  3. I have discussed this issue with a few of my friends and some professors. First of all, the President should have not commented on the issue as it is DFA's job to do so. If he chooses to make a stand, he will be forced to pick a side. Whatever side stand he makes, criticisms will arise. If he wishes to protect Kiram's side, he wll be criticized by the Malaysian government. If he chooses not to support Kiram, he will be criticized by Kiram's men and other Filipinos. Second point, the President's action showed that the country's claim on Sabah is weak. Instead of supporting his fellow countrymen, he asked them to withdraw their forces and once they come back, they will face charges. If I were the President, i would not ask Kiram to withdraw his forces in order to show that I am not against him and I too want to claim Sabah. But I would not also bring troops to Sabah as it would make things more complicated. With the advice from DFA, I would talk to the Malaysian government and Kiram to find a way to resolve the issue. On a final note, Sabah is historically and rightfully ours.

    ReplyDelete