Securing Sabah: Examining the Legitimacy of Rival Claims to the Contested Region

The Philippine Claim to Sabah

The Philippines grounds its claim in historical treaties and colonial-era agreements, notably the 1963 Manila Accord, which it interprets as preserving its right despite Sabah’s incorporation into Malaysia. Central to this argument is the 1878 agreement between the Sultanate and the British North Borneo Company, which the Philippines views as a lease rather than a cession of sovereignty. President Diosdado Macapagal asserted this in 1962, arguing that British administration did not nullify underlying sovereign rights.

Efforts to resolve the dispute internationally have faced repeated obstacles. In 1968, the Philippines passed Republic Act 5446, reinforcing its claim, but attempts to elevate the matter at the United Nations met resistance from Malaysia. Without Malaysia’s consent, jurisdiction at the International Court of Justice (ICJ) remains blocked. While periodic annual payments by Malaysia to the Sulu heirs have been cited as evidence of a lease, legal experts argue these payments were token gestures and do not constitute recognition of sovereignty.

In recent years, the Philippines has linked its Sabah claim to broader geopolitical interests. Its 2024 submission to extend its continental shelf by 200 nautical miles into the West Philippine Sea—firmly rejected by Malaysia—has reignited tensions.

The Sultanate of Sulu’s Position

The Sultanate of Sulu’s historical claim dates to 1704, when the Sultan of Brunei granted the territory in recognition of military aid. Like the Philippines, it hinges its claim on the 1878 agreement, interpreting it as a temporary lease. The Sultanate has pursued international recognition, petitioning the United Nations in 2004 and invoking the 1915 Carpenter-Kiram Treaty to seek U.S. support.

However, its legitimacy has been weakened by overlapping claims from the Philippines and by questions over governance capacity. Furthermore, the Sultanate’s efforts have increasingly focused on financial restitution. The heirs have pursued a multi-billion-dollar arbitration award against Malaysia in European courts, reinforcing perceptions that economic motives outweigh any intent of actual territorial administration. The fact that the claimants live in the Philippines, not in Sabah, further complicates the legitimacy of their position.

Malaysia’s Sovereign Rights

Malaysia’s sovereignty rests on clear legal and historical foundations. Following the 1946 cession of Sabah by the North Borneo Company to Britain, the territory became a British colony and then joined Malaysia in 1963 under the Malaysia Agreement, ratified by the United Kingdom, Malaya, North Borneo (Sabah), Sarawak, and Singapore. UN-backed commissions in 1962 and 1963 confirmed overwhelming support among Sabah residents to join Malaysia. UN Secretary-General U Thant’s 1963 report stated: “There is no doubt about the wishes of a sizeable majority of the peoples of these territories to join in the Federation of Malaysia.”

Since integration, Malaysia has maintained uninterrupted governance over Sabah, ensuring political representation and significant economic growth. Sabah contributes around 6% of Malaysia’s GDP, with advances in infrastructure, education, and healthcare. Sabah holds 25 parliamentary seats, reflecting both local autonomy and strong federal representation.

International law, particularly principles of effective occupation and territorial integrity, continues to affirm Malaysia’s position. ASEAN and the Commonwealth recognize Malaysia’s current borders, and UN frameworks consistently reaffirm Sabah’s status as Malaysian territory. These legal and diplomatic endorsements leave little room for rival claims to gain traction.

Diplomatic Outlook

Recent maneuvers by the Philippines and the Sultanate’s heirs have complicated regional relations but have not altered the international community’s stance. The prevailing view remains that both claims lack contemporary legal validity and practical relevance. With Malaysia’s firm sovereignty over Sabah recognized globally, efforts to revive rival claims are unlikely to succeed.

Full report available: https://knowsulu.ph/the-untold-sulu-story/securing-sabah-examining-the-legitimacy-of-rival-claims-to-the-contested-region.