A seven-point framework for Sabah

The Sabah issue is not hopeless. It is not irreversible. It can be settled amicably. Representatives of the Malaysian and Philippine governments and the heirs of the Sultanate of Sulu and North Borneo should negotiate and come up with an agreement on the basis of a proposed framework.

If one side has to settle amicably with the other side, one has to give up something, or vice versa. Conflict management requires plenty of big and small sacrifices to reach a common ground. The pursuit of economic diplomacy is implicit in the proposed framework.

Malaysia can’t play hard ball. A hardline stand does not make sense. On the contrary, it has to take advantage while a “friendly” Filipino president sits in Malacañang. After three years, it could be a totally different story if ever an unfriendly president takes over.

Meanwhile, a secessionist movement looms in Sabah, which is 1,000 kilometers away from the Malay peninsula. Kuala Lumpur has to prevent alliance between the heirs and the secessionist movement. Malaysia will have to face this nightmare if the Sabah question remains an unfinished business.

The proposed framework:

First point: A $3-billion settlement package payable within ten years to the heirs. This should be paid without any interest in equal annual installments. The proposed settlement package comes from ex-Sabah Chief Minister Tan Sri Harris Salleh, who suggested to Home Minister Datuk Seri Hishamuddin Tan Hussein for a lump sum payment of 200 million ringgits, or P2.6 billion, to the heirs.

In his letter published by a Malaysian newspaper a week after self-styled Sultan Jamalul Kiram III’s forces landed in Lahad Datu, Salleh argued it would be for Malaysia’s “best interest” to remain friendly with its neighbors, particularly Malay stock nations. Moreover, Sabah’s coastline of over 1,000 kilometers is difficult to guard, he said. Without saying that Malaysia does not hold any proprietary rights over Sabah, Salleh proposed that Kuala Lumpur talk directly with the heirs.

Observers note that $3 billion is small since Sabah is rich in timber, mineral ores, and oil. But others say that Malaysia may not be prepared to have $3-billion liability to be settled in ten years. But official data show that Malaysian gross domestic product reaches over $30 billion annually, of which at least $3 billion, or ten percent, comes from Sabah.

Hence, Malaysia will be paying ten percent of ten percent of its GDP, or barely one percent to settle a lingering dispute with its neighbor. This is better than to buy arms and fleets of vessels to guard its coastline and earn the enmity of its neighbor.

Second point: The division of the settlement package among the heirs. As basis, the 1939 decision of North Bornean Chief Justice C. F. C. McCaskie should be used. It has identified the nine heirs and their respective shares.

Third Point: The creation of the Philippine Government – Sultanate of Sulu and North Borneo committee, which will meet its Malaysian counterpart to discuss the nuts and bolts of the settlement agreement. The various factions among the heirs should unify to name their representatives to the committee.

The committee should take into consideration the decision on how the entire settlement package will be divided between the heirs and the Philippine government. As the heirs earlier said, a bigger part should go to the Philippine government for use in the economic development of Muslim Mindanao. It goes without saying that the heirs will receive less than half of the settlement package.

Fourth Point: No part of the settlement package will be used to buy firearms. The entire $3 billion will be used exclusively for productive purposes.

Fifth Point: The settlement accord will include a provision for the unconditional and absolute renunciation of the Philippine claim over Sabah. This is intended to settle the issue in clear and unequivocal terms and avoid all doubts at all times.

Sixth Point: As a confidence-building measure, Malaysia should come out with an economic and livelihood program for the displaced Filipinos in Sabah, or the “halaw,” which reach nearly a million.

Seventh Point: A three-nation Asean committee composed of Indonesia, Thailand, and Vietnam should be convened to monitor compliance to the settlement pact.

Hence, a tripartite consultative committee composed of the representatives of the Malaysia and Philippine governments, and the Sultanate of Sulu and North Borneo should be formed to discuss and decide on the settlement pact. The sooner they meet, the better for all parties.

source:  Manila Standard Today's Philip M. Lustre Jr.

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