Philippines to review claim on Sabah to get Putrajaya’s support against China

KUALA LUMPUR, March 30 — The Philippines has offered to “downgrade” its claim on Sabah in exchange for Malaysia’s support for its territorial dispute against China, according to a note verbale handed to the Malaysian Embassy from its Department of Foreign Affairs last week.

The note verbale, of which a copy was obtained by Philippines news portal Vera Files, told Putrajaya that Manila is “reviewing” its previous territorial protest in 2009 and the result of the review depends on Putrajaya’s response to its two requests.

According to Vera, Manila requested for Malaysia to “confirm” that its claim of an extended continental shelf is “entirely from the mainland coast of Malaysia, and not from any of the maritime features in the Spratly Islands.”

The second request was for Malaysia to confirm that it “does not claim entitlement to maritime areas beyond 12 nautical miles from any of the maritime features in the Spratly Islands it claims.”

The UN Convention on the Law of the Sea says that a state is entitled to 12-nautical-mile territorial sea over which it exercises sovereignty.

The note referred to a May 6, 2009, joint submission by Malaysia and Vietnam to the United Nations (UN) Commission on the Limits of the Continental Shelf, which claimed an extended continental shelf.

The Philippines had in response protested the joint submission in an August 4, 2009, note to the UN Secretary-General, saying it would effectively declare Sabah to be a Malaysian territory.

Former Philippine Permanent Representative to the UN, Lauro Baja Jr, warned Vera that any claims made by the Philippines to Sabah will be “prejudiced” if Malaysia accepts the two requests.

“We are in effect withdrawing our objection to Malaysia’s claim of ownership to Sabah,” Baja told Vera.

However, Vera suggested that Malaysia’s confirmation on the two matters would help the Philippines case against China in the UN Arbitral Court, which involves a territorial dispute of the Spratly Islands.

A diplomatic source told Vera that Malaysia may find the request “too hard to handle” as it has adopted the policy of “playing it safe”, by maintaining good relations with China despite its aggressiveness in the disputed waters.

“A maritime entitlement of only 12 nautical miles for their reefs, as the essence of the Philippines request, will not be in the interest of Malaysia. Besides, Malaysia will not risk its close economic ties with China, its biggest trading partner,” said the source.

Malaysia, the Philippines, and Brunei are claiming parts of the Spratlys, which are almost wholly claimed by China, Vietnam and Taiwan.

The self-proclaimed Sultanate of Sulu recently laid claim to Sabah, saying it had merely leased North Borneo in 1878 to the British North Borneo Company for an annual payment of 5,000 Malayan dollars then, which was increased to 5,300 Malayan dollars in 1903.

The Philippines claimed ownership on Sabah after the Sulu Sultanate ceded the claimed territory to the Philippines in 1962.

Sabah, however, joined Malaya, Sarawak and Singapore to form Malaysia in 1963, after which Malaysia continued paying an annual stipend of RM5,300 to the Sulu sultanate on the basis of the sultanate ceding the Borneo state.