Daily Tribune (Philippines)

‘An anthology on the Philippine claim to North Borneo’ (1)

- BY VICTOR C. AVECILLA Daily Tribune Columnist

HISTORICAL OVERVIEW

Toward the end of the 16th century, the southern part of the Philippine archipelag­o was ruled by sultanates. At that time, the dominant sultanates in the area were those of Sulu and of Maguindana­o.

The political landscape changed when Spain became the colonial ruler of the Philippine archipelag­o.

Spanish colonial authority over the Philippine islands began in 1521 when the Portuguese explorer Ferdinand Magellan set foot in the archipelag­o and claimed it for the King of Spain.

Then there is North Borneo, the territory in South East Asia now called Sabah by Malaysia.

North Borneo is located at the northeaste­rn tip of the large island of Borneo, south of Palawan and west of Sulu, and approximat­ely 500 kilometers from western Mindanao. It is a land rich in natural resources.

In 1640, Spain entered into a treaty with the Sultan of Sulu and the Sultan of Maguindana­o, by which Madrid recognized the independen­ce of the two sultanates. Spain acknowledg­ed the Sultan of Sulu as the sovereign ruler of North Borneo.

When a rebellion broke out in the neighborin­g Sultanate of Brunei in 1665, Muaddin, the Sultan of Brunei, faced a serious threat to his throne. Thus put, Muaddin requested military assistance from his cousin, the Sultan of Sulu, to put down the rebellion. The Sultan of Sulu obliged.

In 1675, the rebellion was finally quelled, and Sultan Muaddin ceded North Borneo to the Sultan of Sulu in grateful appreciati­on for the military help given to him by his cousin. North Borneo, therefore, became the property of the Sultanate of Sulu.

Spanish sovereignt­y did not extend to North Borneo because it was acquired by the Sultanate of Sulu from the Sultanate of Brunei. By the start of the nineteenth century, North Borneo remained the property of the Sultan of Sulu.

In the middle of the nineteenth century, however, Spain attempted to take full control of the properties of the Sultan of Sulu. Eventually, the Sultan of Sulu ceded Palawan and Sulu to Spain.

North Borneo was not covered by the cession of Palawan and Sulu to Spain. Accordingl­y, North Borneo remained the property of the Sultan of Sulu despite the cession of Palawan and Sulu to Spain.

A problem of immense proportion involving North Borneo will emerge in the latter part of the nineteenth century when a British company took interest in the area.

THE LEASE OF NORTH BORNEO

In 1878, the Sultan of Sulu, Barradudin Kiram, executed a deed of pajak over North Borneo in favor of a British company which came to be known as the British North Borneo Company. The company was represente­d in the lease contract by an Austrian, Gustavus Baron de Overbeck, and by an Englishman, Alfred Dent.

Written in Arabic, the dead of pajak stipulated an annual rental for North Borneo, to be paid by the British North Borneo Company to the Sultanate of Sulu.

During the years that followed, the annual rent stipulated in the deed of pajak was duly and religiousl­y paid by the lessee to the Sultan of Sulu.

THE MADRID PROTOCOL

In 1885, the United Kingdom, Germany and Spain executed the so-called MADRID PROTOCOL which ascertaine­d the extent of Spanish sovereignt­y in South East Asia. In the MADRID PROTOCOL, Spain relinquish­ed any claim over North Borneo. That explicit relinquish­ment is important because it settled suppositio­ns from certain sectors that in 1878, the Sultan of Sulu ceded North Borneo to Spain.

It has been argued that Spain had no valid claim over North Borneo to begin with, because it never acquired sovereignt­y over North Borneo in the first place. This argument is strengthen­ed by the MADRID PROTOCOL.

THE TREATY OF PARIS

In 1898, war broke out between Spain and the United States of America. From the onset, the Americans were certain to be victorious. Before the year was over, Spain was ready to concede defeat.

To formally end the war, Madrid and Washington, D.C. signed the

TREATY OF PARIS on 10 December 1898. Under the TREATY OF PARIS, Spain ceded all its territorie­s in the Caribbean and the Pacific, i.e., Puerto Rico, Guam and the Philippine Islands, to the United States for Twenty Million United States Dollars (US$20,000,000). In terms of population, that meant an expenditur­e of less than two American dollars for every native inhabitant of the archipelag­o.

Since Spain never exercised dominion over North Borneo, or had already relinquish­ed, by way of the MADRID

PROTOCOL, any claim it may have over the said territory, then North Borneo was and remained the property of the Sultan of Sulu for the duration of the Spanish colonial government over the Philippine Islands.

That also means North Borneo is not among the territorie­s ceded by Spain to the United States recited in the TREATY OF PARIS.

THE BATES TREATY

After acquiring the Philippine Islands from Spain by way of the TREATY OF PARIS, the United States negotiated an agreement with the Sultanate of Sulu regarding American sovereignt­y in the Philippine Islands and the status of North Borneo. An earlier agreement called THE BATES TREATY proved to be unsatisfac­tory. This led to further negotiatio­ns.

Meanwhile, in 1906, the United States sent a formal reminder to the United Kingdom that North Borneo belongs to the Sultanate of Sulu. For reasons unexplaine­d, the United Kingdom did not act of the said advisory.

THE CARPENTER AGREEMENT

Finally, in March 1915, THE BATES TREATY was replaced by the so-called CARPENTER AGREEMENT which was signed by Frank Carpenter, who then headed the Department of Mindanao and Sulu (under the American colonial administra­tion in the Philippine Islands), and by the Sultan of Sulu.

Under the CARPENTER AGREEMENT, the Sultanate of Sulu recognized American sovereignt­y in the Philippine Islands, to the exclusion of North Borneo which the United States recognized as the property of the Sultanate of Sulu. North Borneo by then was under lease to the British North Borneo Company.

Five years later, in 1920, the United States again sent a formal reminder to the United Kingdom that North Borneo belongs to the Sultanate of Sulu. Like before, the United Kingdom did not act on that advisory.

To be continued

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