Opinion | Why the Philippines has no justifiable claim to Sabah and never had

Manila’s move derives from the defunct Sulu sultanate’s disputed earlier claim to North Borneo when it was still part of the Brunei Empire

As the ruling against China in the South China Sea shows, international law does not recognise claims based just on historical interpretation

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A river in Sabah, Malaysia. The author states that Sabahans pressing for better federal representation want to be a greater – not a lesser – part of Malaysia, and that the Philippines’ claim has no historical justification. Photo: Handout

Published: 5:00pm, 1 Nov 2020Updated: 3:23pm, 2 Nov 2020

The convoluted history of North Borneo (Sabah) and the Philippines’ alleged association with it continue to haunt narratives of Borneo. It is time to unravel some enduring myths.

Despite what is commonly known as “the Philippine claim to Sabah”, the Republic of the Philippines has no justifiable claim to Sabah and never had. Manila’s claim derives only from the defunct Sulu sultanate’s disputed earlier claim to North Borneo when it was still part of the Brunei Empire.

The main narrative in the Philippines is that Brunei granted the territory to Sulu in gratitude for Sulu’s military assistance during the 1660-73 Brunei Civil War. The narrative in Brunei is that no assistance was given, so no transfer of property occurred.

Besides, the dates given for Sulu’s supposed annexation of North Borneo are either 1658 or 1704, two years before or more than three decades after Brunei’s civil war. The Brunei sultans in both 1658 and 1704 were not among the three who reigned over the war period.

Brunei denies North Borneo coming under Sulu rule. Historical records suggest this outpost of Brunei was undeveloped, underpopulated and inhospitable at the time, especially the northeastern portion Sulu claims, and that the Sulu sultanate never occupied or administered it.