Tackling the Sulu claim head-on
Published on: Saturday, May 06, 2023
Khairul Dzaimee said Friday’s session followed the meeting between Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said and Sabah assemblymen on March 1.
Kota Kinabalu: The Government will continue safeguarding the country’s sovereignty and security from any threat either in the form of armed attacks, or legal and commercial actions.
This was assured by Director-General of the Legal Affairs Division in the Prime Minister’s Department, Datuk Khairul Dzaimee Daud in several engagement sessions to the claims made by the so-called Sulu heirs.
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This included the session held Friday with state assemblymen, leaders and senior federal and state officers in Sabah.
The session gave the opportunity to Sabah leaders and the people to provide inputs and suggestions to support and strengthen the actions that Malaysia had and would take against the claimants and their financiers.
Also present were Minister of Entrepreneur Development and Cooperatives Datuk Ewon Benedick; former Sabah Chief Minister Datuk Yong Teck Lee and former Dewan Rakyat Speaker Tan Sri Pandikar Amin Mulia.
Khairul Dzaimee said Friday’s session followed the meeting between Minister in the Prime Minister’s Department (Law and Institutional Reform) Datuk Seri Azalina Othman Said and Sabah assemblymen on March 1.
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“Those present were informed that other than legal actions taken by international lawyers appointed by the Government, actions through public relations and media communications are also being done involving the Ministry of Communications and Digital, Malaysian National News Agency (Bernama) and government-appointed international public relations firm,” he said.
He added that explanations are being given to the public, especially in Sabah, because they were the most impacted by the Lahad Datu intrusion incident masterminded by the supporters of the claimants.
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Khairul Dzaimee said an International Arbitration Colloquium 2023: National Sovereignty and Immunity in Commercial Arbitration will be jointly organised by the Universiti Malaya (UM) Asian International Arbitration Centre (AIAC) and BHEUU on May 9.
“It is to provide a more detailed clarification on the matter. The colloquium will focus on, among others, the impact of the convention to recognise and enforce the international arbitration (New York convention) award and the country’s immunity,” he said.
He said a similar colloquium is also being planned to be held in Sabah and other countries, including the United Kingdom.
Constitutional lawyer Datuk Tengku Fuad Tengku Ahmad said it is time for Malaysia to clarify that Sabah is within Malaysia.
He said the issue needs to be emphasised so that the position regarding the sovereignty of Sabah, which is often politicised by the Philippine government, is stopped.
“Under the Manila Court the answer should be that Sabah is part of Malaysia, as long as the Philippine government continues to politicise the sovereignty of Sabah, the Malaysian government is not firm in answering that question.
“The issue of Sabah being part of the Philippines will continue to repeat itself and it is time for Sabah and Malaysia to clarify that Sabah is in Malaysia and the issue should be stopped,” he said.
Tengku Fuad was one of the Special Secretariat panel briefing the elected representatives.
Others in the panel included Sabah Attorney-General Datuk Nor Asiah binti Mohd Yusof, and Sabah Law Society (SLS) President Roger Chin.
“With regards to the litigation overseas, what we briefed the State assembly members (Aduns) is that the whole litigation overseas came from one single letter that was sent by our former Attorney-General.
The entire basis of the arbitration came from that one letter.
“Malaysia now is taking steps to oppose and ensure that this ‘award’ is not recognised when enforced in other countries and the award itself is overturned.
“Of course we cannot reveal our strategy because it involves difficult legal process and this Special Secretariat is doing its best and we are getting the best lawyers abroad and we are confident that Malaysia will fight and overcome the claims by the so-called Sulu heirs,” Tengku Fuad said.
Kadamaian State assemblyman Datuk Ewon Benedick said there is no longer an issue of claims against Sabah from outside parties when Malaysia was established in 1963.
The President of the United Progressive Kinabalu Organization (Upko) also insisted that the establishment of the Federation of Malaysia had cancelled any agreement that had been made by the British before.
“In my opinion, we have different interpretations as I stated, my view in today’s engagement session is the interpretation as the young generation of Sabah leaders which is the report and findings of the Cobbold Commission and then the Malaysia Agreement.
“The establishment of the Federation of Malaysia has cancelled any agreement made by the colonists of North Borneo before,” he said.
“It means that there is no question of actual demands, because the Philippines was also given space to give its views and the countries bordering Sabah were also given the opportunity at that time to give their views on the proposed establishment of Malaysia.
“It has gone through the right process, a new Federation was established on September 16, 1963 and the new country has the right to develop without any demands that have been limited or non-existent, and for me those demands do not exist after 1963,” Ewon said.
Former Chief Minister Datuk Seri Yong Teck Lee is confident that Malaysia had a bright opportunity to set aside the claims from the heirs who claimed from the Sulu sultanate.
“If you follow the briefing from the legal experts, we do have a bright, good chance to win in the international forum.
“So we hope this case is resolved and we move forward,” he said, adding that North Borneo (Sabah) had never been ruled by the Sulu Sultanate.
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