The Sulu Sultanate and the Sabah Claim: Historical Background

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COMMENTARY: The Sabah standoff

By Amina Rasul on February 24 2013 8:49 pm

 N ANOTHER David and Goliath move, a hundred armed Tausugs, led by Rajah Mudah (crown prince) Agbimuddin Kiram are in Lahad Datu, Sabah and have captured the attention of the world to the sovereign and proprietary claims of the Sulu sultanate over Sabah. Datu Agbimuddin and the brother of the Sulu sultan, Jamalul Kiram III, have stated that they are in Lahad Datu on a visit of their “homeland.” Since the sultanate is now part of the Philippines, the sovereign rights over Sabah have therefore been assumed by the Philippine government.

Left unresolved, the standoff in Sabah can escalate into an international incident that could create tension between Malaysia and the Philippines. Worse, there may be vested interests that will fuel an escalation into conflict. For instance, how true are the rumors from Malaysia that this incident may be driven by local politicians out to destabilize the ruling party, UMNO, by creating fear among the Sabahans? After all, the Malaysian government, under UMNO leaders, have been fully supporting the peace process with the Moro Islamic Liberation Front. News reports from Malaysia surmise that although Prime Minister Najib Razak is popular, the UMNO may be losing support. If this trend continues, then the opposition led by Datuk Anwar Ibrahim may have a stronger hand in challenging the UMNO in the June elections.

The Moro National Liberation Front, under chairman Nur Misuari, has been meeting in Zamboanga City since Wednesday about the situation. I have been informed that the discussions, which involve Muslim religious leaders from the islands, have leaders demanding support for the followers of the Sultan while calling for a peaceful resolution of the impasse.

With the Philippine government engaged in finalizing the peace agreement with the MILF, supported by the Malaysian government as facilitator, the impasse needs to be resolved peacefully. It is unfortunate that the government, under then President Gloria Macapagal-Arroyo, did not consider the Sabah claim as a major issue that could undermine the effectiveness of Malaysia as facilitator. This, in spite of statements issued by Moro leaders in 2001 that questioned the choice of Malaysia as facilitator amid the Sabah claim.

However, the Malaysian government has been effective in facilitating the GPH-MILF peace process since 2001 as well as an ally for security and development. It is therefore in the interest of all concerned that the Sabah stalemate be quickly and peacefully resolved. This close to the last stage of the peace process, we cannot afford a conflagration that could bring us all back to square 1.

Allow me to provide a background on the Sabah issue so that readers may understand the complexity of the situation. The government has been pursuing its claim over Sabah since the administration of President Diosdado Macapagal. The claim emanates from the Sulu sultanate’s sovereign rights over Sabah, which was turned over to the (Philippine) government. The proprietary claim of the heirs to Sabah, however, originates from the decision of a British court when Malaysia was still under British rule.

THE SULU SULTANATE ACQUIRES SABAH

The Genealogy of the Sulu Royal Families, written by Sururul-Ain Ututalum (descendant of Dayang-Dayang Hadja Piandao and, therefore, an heir to Sabah) and Abdul-Karim Hedjazi, traced the close relationship between the royals of Brunei and Sulu.

In the 1500s, Brunei Sultan Bolkiah was married to Sulu Princess Putri Laila, granddaughter of Shariful Hashim, first Sultan of Sulu. In the late 1600s, when Sultan Muaddin of Brunei was threatened by rebellion, he turned to his kin in Sulu for help. The rebellion was quelled.

 As a reward, the Brunei sultan gave resource-rich Sabah to the Sultan of Sulu. The property includes the “mainland of the island of Borneo commencing from the Pandassan River on the north-west coast and extending along the whole east coast as far as the Sibuco River in the south and comprising amongst other the States of Paitan, Sugut, Bangaya, Labuk, Sandakan, Kina Batangan, Mumiang, and all the other territories and states to the southward thereof bordering on Darvel Bay and as far as the Sibuco river with all the islands within three marine leagues of the coast.”

The territory is defined in the agreement. (http://www.lawnet.sabah.gov.my/Lawnet/SabahLaws/Treaties/GrantBySultanOfSuluOfTerritoriesAndLandsOnTheMainlandOfTheIslandOfBorneo.pdf.)

SABAH BECOMES PART OF MALAYSIA
In 1763, Sultan Azimuddin signed a treaty allowing the British East Indies Co. to use Sabah and other territories. Tensions later developed between the sultan and the company, which prevented the effective implementation of the treaty until 1878. At this time, Baron Von Overbeck of the British East India Trading Co. entered into a lease agreement or padjak with Sultan Jamalul Alam. This company was later absorbed by the British North Borneo Co. which, in 1946, transferred sovereign rights over Sabah to Britain. When the Federation of Malaya was granted its independence from Britain in 1963, Sabah was one of the territories turned over to the newly established Malaysia.

SOURCE OF DISPUTE
The dispute revolves around the meaning of the term padjak. The Tausug padjak means lease whereas the British version used the term to mean “grant” or “cede.” Thus, the sultan’s heirs maintain that Sabah was merely leased to the company while Malaysia states that the Philippines has no claim because Sabah had been sold to British East India Trading.

The Malaysian government continues to pay lease money owed by British North Borneo to the descendants of the sultan to this day. The Malaysian government pays RM5,300 per year as rental for Sabah to the heirs since the formation of the Malaysian federation in 1963.

Today, the sum of RM5,300 — less than ₱75,000 — as annual rental barely covers the monthly rent of a house in Kuala Lumpur, Malaysia. The heirs, on their own, have attempted to renegotiate the terms of the padjak with the Malaysian government.

In 1996, Princess Denchurai Kiram, daughter of Princess Tarhata Kiram and administrator of her estate, wrote then Prime Minister Mahathir to raise the rental to $1,000,000. She also stated that she and the other heirs were willing to renounce the claim if Kuala Lumpurt will provide a fair settlement. The letter was ignored by Mr. Mahathir.

In June 2010, the Sulu provincial board passed a resolution supporting the demand of the heirs to increase the yearly payment to at least $500 million.

Weeks earlier, Mr. Misuari issued a statement calling the attention of Malaysia to settle the Sabah issue. Misuari’s first wife, the late Desdemona Tan, and present wife Ruayda, are heirs to Sabah since they are descendants of Dayang-Dayang (Queen) Hadja Piandao, who was acknowledged to have 3/8 share of Sabah.

In January 2001, Sultan Esmail Kiram II, the brother of Jamalul III, also wrote Mr. Mahathir, this time through President Gloria Macapagal Arroyo. Princess Denchurain’s daughter, Princess Tajmahal, was a co-signatory. According to reports, their demand was for $855 million.

SOVEREIGN RIGHTS
The late Ambassador Abraham Rasul, wazir or prime minister to Sultan Esmail Kiram (and later wazir to Sultan Mahakuttah, son of Esmail), had been authorized by the sultan to discuss the pursuit of the Sabah claim with Mr. Macapagal and, later, President Ferdinand Marcos. (Ambassador Rasul succeeded his father, the first Muslim senator, Hadji Butu, who was wazir to three sultans.)

Esmail Kiram officially transferred the sultanate’s authority and sovereignty to the Philippines on Sept. 12, 1962 through a written instrument signed by himself and Foreign Affairs Secretary Emmanuel Pelaez. The transfer was authorized by a resolution passed by the Ruma Bechara (literally “House of Talk,” equivalent to council of advisers/Cabinet). He thus gave up the Sulu sultanate’s sovereign rights to Sabah to the government, but retained proprietary rights over the same.

However, there was a provision in the Ruma Bechara resolution that in the event the government fails or refuses to protect its claim, the Sultanate of Sulu reserves the right to prosecute its claim over Sabah, in whatever manner it can think of. The Kiram family lawyer, Ulka Ulama, and former Senator Santanina Rasul have documents that bear this out. (As a UP political science student, Senator Rasul wrote an award-winning essay on the claim, which was published in the UP Law Journal.)

If the sovereign claim over Sabah is dropped, do we lose all rights? Even if we lose sovereign rights over Sabah, we still have proprietary rights, through the heirs of the Sultan, who personally owned Sabah.

THE HEIRS
The legally recognized owners — members of Sulu royalty and nobility — were identified in the 1939 ruling of Chief Justice C. F. C. Macaskie of the High Court of North Borneo: Dayang-Dayang (Princess) Hadji Piandao was acknowledged as the major share-holder with 3/8 share. Princess Tarhata Kiram and Princess Sakinur-In Kiram were to each have a 3/16 share. The six other heirs who went to Macaskie’s court were awarded 1/24 share apiece: Mora Napsa, Sultan Esmail Kiram, Datu Punjungan, Sitti Mariam, Sitti Jahara and Sitti Rada.

Princess Denchurain acknowledged the nine heirs specified in the Macaskie decision as the true heirs of Sabah.

All the principal heirs have died. As of today, there are probably a thousand heirs of the heirs. Dayang-Dayang Hadji Piandao Kiram, an only child, was childless. Therefore her cousins, nieces and nephews will divide her 3/8 share. Among her cousins was my grandmother, Hadja Salma, wife of Sen. Hadji Butu. Thus, my father, the late Ambassador Rasul, and his siblings and cousins are heirs. Misuari’s wives (Desdemona and Ruayda), are heirs. Jamalul III and Esmail are the children of Datu Punjungan.

MOVES TO RESOLVE CLAIM
During the term of President Macapagal, the government in 1962 filed a claim over Sabah with the United Nations. A Sabah Division was created in the Department of Foreign Affairs.

Mr. Marcos had other plans. Parallel to legal maneuverings, he had young Muslims trained in Corregidor to “destabilize” Sabah. The scenario: the Philippines could then come in and take Sabah by force, to “protect” the thousands of Tausugs who lived there or incite them to secede and join the Philippines. The plan went awry, resulting in the massacre of the Muslim trainees. Except for one lone survivor, Jibin Arula. Away from the barracks when he heard gunfire, Arula claimed he saw his comrades mowed down by their military trainors. He ran to the mountains, went over the cliff and into the sea. He was rescued the next day by Cavite fishermen. Somehow, he was brought to then Cavite Gov. Delfin Montano. The governor brought Arula to Senator Benigno Aquino who then exposed the infamous “Jabidah Massacre” of March 18, 1968. Malaysia severed diplomatic ties with the Philippines after the expose. It took the combined efforts of Indonesia, Singapore and Thailand to resolve the situation.

President Corazon C. Aquino wanted to resolve the claim during her term. It seems that Malaysia would only agree to negotiate if all the heirs spoke as one. In 1987, she instructed Foreign Affairs Secretary Raul Manglapus to bring all the heirs together.

On Oct. 23, 1987, Mr. Manglapus wrote Ambassador Rasul: “I would like to suggest that the claimants organize themselves so that they may arrive at a common position…. Although yours is a private claim, we have the assurance of the Malaysian government that they are ready and willing to negotiate with the heirs of the Sultan of Sulu in order to settle this matter.”

Then Sen. Santanina Rasul was requested to coordinate the unification of the heirs. As her chief of staff, I was tasked to implement the assignment. We managed to bring them all to Malacañang. After hours of deliberation, the heirs appointed their representatives, led by Sec. Manglapus, to negotiate with Malaysia. Unfortunately, the meeting came to a standstill when Jamalul III dissented.

Afterward, the heirs of Dayang-Dayang Hadji Piandao Kiram, Sultan Esmail Kiram, Princesses Tarhata, Sakinur-in and Sitti Mariam sought a meeting with Sec. Manglapus.

 A brief from that meeting held on Dec. 6, 1987, stated: “They were of the opinion that Sultan Mohamad Jamalul Kiram III was expressing his own personal views which contravene the consensus reached at the meeting of the heirs with Secretary… Manglapus at the PICC on Friday, December 4 and at the conference of the heirs held with President Corazon C. Aquino at Malacañang on Saturday, December 5.”

President Fidel V. Ramos pursued the attempt to unite the heirs. Upon his suggestion, the representatives of the heirs met on Feb. 10, 1993 to discuss their establishment of the Sulu-Sabah Development Corp., which would be responsible for the economic development and sociocultural advancement of Sulu. It was understood that this entity would be the conduit of the funds from the settlement of the proprietary claim over Sabah. Former Presidential Legal Counsel (now Supreme Court Justice) Antonio Carpio drafted the terms. This corporation would have been powerful if the idea had prospered.

Why then did the attempts fizzle? During the Ramos years, the heirs still could not unite. By then, the idea to establish the Brunei-Indonesia-Malaysia-Philippines East ASEAN Growth Area had prospered. Rich Malaysia was employing hundreds of thousands of Filipinos as well as investing in Mindanao. Terrorism was sprouting and borders had to be secured. The Sabah claim moved to the back burner. This situation continued through the short-lived Estrada presidency.

The Arroyo administration renewed interest in settling the claim. Some of the heirs were feted at Malacañang in 2002 and Jamalul III was hailed as Sultan of Sulu. President Gloria Macapagal-Arroyo even gave the letter of Sultan Jamalul and Princess Tajmahal, asking for an adjustment of the rentals, to then Prime Minister Mahathir. The Arroyo administration, however, did not unite all the heirs, as the preceding administrations had done.

THE SULTAN OF SULU
The Sultanate of Sulu has had a tradition of being governed by one Sultan, supported and acknowledged by the citizens of the sultanate. The last to be so proclaimed was Sultan Mahakuttah Kiram, the son of Esmail Kiram. Mahakuttah, was recognized by Mr. Marcos, while his father was recognized by Messrs. Macapagal and Marcos. Jamalul III was recognized by Mrs. Arroyo, and was even included in the administration senatorial slate in 2004. He has been the most forceful and visible sultan.

It is unfortunate that today there are over 10 who are claiming the Sultanship. Among them are Sultan Jamalul III and his brother Sultan Esmail. Jamalul is the eldest son of Datu Punjungan Kiram. Initially, Datu Punjungan was the raja muda or crown prince of Sultan Esmail Kiram. But after Datu Punjungan left the Philippines to reside in Sabah, Sultan Esmail was fearful that Datu Punjungan might sign a quitclaim in favor of Malaysia, so he changed his crown prince, with the consent and authority of his Ruma Bechara. Esmail named his eldest son, Mahakuttah Kiram, as his crown prince. When Esmail passed away, Mahakuttah succeeded and his coronation was ordered by Mr. Marcos to safeguard the Sabah claim. Mahakuttah had anointed his son, Muedzul-Lail as the raja muda. At the time, Muedzul-Lail was in grade school.

RECOMMENDATIONS
• The Sabah impasse needs to be resolved peacefully. It is to the interest of the government to ensure that the MNLF, the dominant Moro liberation front in Sulu, supports a peaceful resolution of the situation. Misuari can play a role to de-escalate tensions. Not only is he Tausug and therefore supportive of the sultanate, his late wife Desdemona and present wife Ruayda are heirs. However, Misuari is aggrieved that the MNLF and he himself have been sidelined in the peace process with the MILF. Further, the Arroyo administration had been instrumental in supporting the Council of 15, which removed Misuari from the leadership of the MNLF. He was also incarcerated for over seven years and later released for lack of evidence. Misuari, who is still recognized by the Organization of the Islamic Conference as the chairman of the MNLF, is therefore a key player. Misuari yesterday convened a meeting of the MNLF and island leaders in Zamboanga City on the situation in Sabah and the claim. A statement will be issued calling for support for the Sabah claim.

• The national government should encourage and assist the leading members of the Kirams and the datus of Sulu to come together and choose one Sultan. This will not only re-establish the tradition of one Sultan leading the Sulu sultanate; it will provide a focal point for the nobility and traditional leaders of Sulu to lead in peace and development. At this point, Sultan Jamalul Kiram III has established his dominance in the field, particularly after the Lahad Datu incident. Most of the leaders in the island-provinces of Sulu, Tawi-Tawi and Basilan — domain of the Sulu sultanate — have applauded his action.

As many elected leaders in the island-provinces have not been successful in forging a strong foundation of governance and peace, perhaps strengthening the institution of the sultanate will provide Sulu, Tawi-Tawi and Basilan with an institution that can help unite the population behind peace and development, as the sultans of Malaysia are doing.

• The Benigno Aquino administration should follow the initiative began by Presidents Corazon Aquino and Ramos to unite the Sabah heirs and pursue the peaceful and just resolution of the Sabah claim.

-Amina Rasul

The Heirs of the Sultan of Sulu and Their Claims on Sabah

 

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In 1939, a decision issued by the high court of North Borneo named the nine principal heirs of the last sultan of Sulu, whose descendants had been pressing their claim to Sabah.

Known as the 1939 Macaskie Judgment, the nine principal heirs of Sultan Jamalul Kiram II were

1.  Datu Punjungan Kiram,
2.Datu Esmail Kiram,
3. Dayang Dayang Piandao Kiram,
4.Dayang Dayang Sitti Rada Kiram,
5. Princess Tarhata Kiram,
6. Princess Sakinur-In Kiram,
7. Dayang Dayang Putli Jahara Kiram,
8. Dayang Dayang Sitti Mariam Kiram and
9. Mora Napsa.

Jamalul II’s father, Sultan Jamalul Ahlam, leased Sabah in 1878 to British North Borneo Co. Under the agreement, the company would pay 5,300 Mexican gold pieces a year to the Kingdom of Sulu. It continued to do so until 1936, when Jamalul II died.

According to Ahlam’s descendants, Sabah (formerly North Borneo) was ceded in 1704 to the sultan of Sulu by the sultan of Brunei, after the sultan of Sulu helped quell a rebellion against the sultan of Brunei.
After Jamalul II’s death, the British consul in Manila recommended the suspension of payments because President Manuel L. Quezon did not recognize Jamalul II’s successor.

Sultan Punjungan Kiram, crown prince of the sultanate at the time of Jamalul II’s death, went to the British consulate in Manila to demand the resumption of payments.

P77,000 rent
 
After the court decision, British North Borneo Co. complied for several years. It stopped paying when its rights to Sabah were transferred to the newly established Federation of Malaysia in 1963. The new government assumed the payment but in ringgit.

Every year, the Malaysian Embassy in the Philippines issues a check in the amount of 5,300 ringgit (about P77,000) to the legal counsel of Jamalul Ahlam’s descendants. Malaysia considers the amount an annual “cession” payment for the disputed state, while the sultan’s descendants consider it “rent.”

According to Abraham Julpa Idjirani, secretary general and spokesperson of the sultanate of Sulu and North Borneo, the direct descendants and heirs of the sultan of Sulu and North Borneo at present are:

1. Sultan Jamalul Kiram III,
2.Sultan Bantilan Esmail Kiram III,
3. Datu Alianapia Kiram,
4. Datu Phugdal Kiram,
5. Datu Baduruddin Kiram and
6. the crown prince, Agbimuddin Kiram, official administrator of Sabah and son of Datu Punjungan.

Lies
 
In July 2008, there were reports that Jamalul II’s heirs had “dropped” their Sabah claim, but these were dismissed as untrue by the heirs. In the reports, Malaysian Datu Omar Ali Datu Backtiyal told a local newspaper in Malaysia that he had obtained the signatures of the nine heirs for the relinquishment of their claim to Sabah. The heirs dismissed the reports as “lies.”

 No reply to letters

Over the years, Jamalul II’s heirs have tried to get the attention of authorities by writing to them, but to no avail.

In February 1999, the late Princess Denchurain Kiram, daughter of Princess Tarhata, wrote then Malaysian Prime Minister Mahathir Mohammad through former President Joseph Estrada to request for an increase in the annual rental. She died in September 2000 without receiving a reply.



In January 2001, Sultan Esmail Kiram II and Princess Taj Mahal Kiram Tarsum-Nuqui, daughter of Princess Denchurain, wrote a similar letter to Mahathir through former President Gloria Macapagal-Arroyo.
In August 2003, the heirs sent Arroyo another letter asking for help in requesting the Malaysian government to increase the rent, but nothing happened.

In February 2005 the heirs wrote another letter to Prime Minister Abdullah Ahmad Badawi, but were likewise ignored.

Inquirer Research
Source: Inquirer Archives

 

THE SABAH STAND-OFF: REVOLT LEFT OUT THE HEIRS OF THE SULTANATE OF SULU

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Heirs of Sultan of Sulu pursue Sabah claim on their own

By Arlyn dela Cruz

Philippine Daily Inquirer

  February 16th, 2013

  

BIZARRE BORDER DRAMA Heavily armed Malaysian policemen stand guard at a roadblock in Bakapit, about 50 kilometers from Lahad Datu in Sabah where some 100 reportedly armed Filipinos, later identified as descendants and the security forces of the Sultan of Sulu, have landed. Malaysia’s authorities say their security forces have surrounded the Sulu group. Photo courtesy of Malaysia’s The Star/ASIA NEWS NETWORK

Feeling betrayed and left out in the peace process between the government and the Moro Islamic Liberation Front (MILF), the heirs of the Sultan of Sulu have decided to press their claim to the eastern Malaysian state of Sabah on their own.

Crown Prince Rajah Mudah Agbimuddin Kiram said in an interview with the Inquirer that the government appeared to have neglected the heirs and ignored their stand that their claim to Sabah was an “integral and essential” aspect of any peace agreement with any armed group in Mindanao.

Abraham Julpa Idjirani, secretary general and spokesperson of the Sultanate of Sulu, said the decision to show not just physical presence but actual occupation of Sabah came late last year, shortly after the Aquino administration signed a Framework Agreement on the Bangsamoro with the MILF.

The standoff continued yesterday with Rajah Mudah’s claim to be under the protection of the security forces of the Sultanate of Sulu adding more mystery to the bizarre border drama.

Departure on Feb. 11

HOMECOMING Members of the Royal Security Force of the Sultanate of Sulu and North Borneo who have traveled with Crown Prince Rajah Mudah Agbimuddin Kiram in what the descendants of the Sultan of Sulu describe as not an act of aggression against Sabah but a journey back to their homeland. Malaysian police and special forces surround the “royal army,” asking them to return home. CONTRIBUTED PHOTO

“They are not interested, this government and the previous governments, so we decided to act on our own,” Rajah Mudah said.

Early on Feb. 11, Rajah Mudah and about 1,000 of his followers, including armed men from what he called “Royal Security Forces of the Sultanate of Sulu and North Borneo” left Simunul Island in Tawi-Tawi in speedboats and headed for Sabah.

Rajah Mudah described his action as not an act of aggression but a journey back home.

“We came here in peace. We are not here to wage war. The armed men who are with me are the Royal Security Forces of the Sultanate of Sulu and North Borneo. We will never bring war to our own territory, much less to our own people,” Rajah Mudah said.

His group landed in the village of Tunduao in Lahad Datu town in Sabah.

Surrounded
 
What happened after the landing is unclear, but reports from Kuala Lumpur on Thursday said Malaysian security forces had surrounded the Filipinos, whom they believed were a faction of Muslim rebels unhappy with a peace deal with the administration of President Aquino.

Rajah Mudah said he and his group were not arrested. He said he was communicating with Gen. Zul Kipli, head of the Special Branch of Sabah, the equivalent of the top intelligence officer in the Philippines.

He admitted, however, that he and his group were surrounded by Malaysian police and special forces.
The standoff between the Malaysian authorities and Rajah Mudah’s group has sparked one of the biggest security scares in recent years in Sabah, which is less than an hour by speedboat from the southernmost Philippine province of Tawi-Tawi.

To ascertain facts
 
Malacañang was reluctant to meddle in the reported incursion into Sabah by “100 armed Filipinos” claiming to be descendants of the Sultan of Sulu.

Deputy presidential spokesperson Abigail Valte indicated in a briefing for reporters in the Palace yesterday that the government was not sure about what was going on in Sabah.

THE ONCE FEUDING ROYALS UNITE The heirs of the Sultan of Sulu: (seated from left) Rajah Mudah Agbimuddin Kiram, Sultan Jamalul Kiram III, Sultan Bantilan Esmail Kiram II and (standing from left) Datu Alianapia Kiram, Datu Phugdal Kiram and Datu Baduruddin Kiram. CONTRIBUTED PHOTO

She said the Philippine Embassy in Kuala Lumpur had sent a police attaché to Sabah to ascertain “what’s really happening.”

Valte said the government would provide assistance “to any Filipino abroad,” but added that on the Sabah standoff, “we would like to ascertain the facts first.”

Unaware of the situation in Lahad Datu, Philippine officials said the Filipinos were unarmed civilians who had been promised land.

Citing information from Defense Secretary Voltaire Gazmin, Valte told reporters yesterday that the Filipinos were unarmed.

But Rajah Mudah’s claim that he was surrounded by his own security forces indicated the dearth of information in the government about the move taken by the heirs of the Sultan of Sulu.

Negotiations
 
In a statement released yesterday, the Department of Foreign Affairs said Malaysian Foreign Minister Anifa Aman had spoken to Foreign Secretary Albert del Rosario and assured him that the Malaysians would respect the rights of the Filipinos in the Sabah standoff.

The statement said the Malaysian government had resorted to “negotiations to encourage” the Filipinos “to leave peacefully.”

Both the Philippine military and the Malaysian military had established that the Filipinos’ activity in Sabah had no approval from the Philippine government, the DFA said.

“In this regard, we therefore urge these concerned individuals to return to their homes and families,” the DFA said.

Pretended consultation
 
Idjirani said that before the signing of the agreement, the Office of the Presidential Adviser on the Peace Process (Opapp) invited the heirs of the Sultan of Sulu to what was supposed to be a consultation on a peace deal with the MILF.

He said he was asked to give a lecture on the stand of the Sultanate of Sulu at a forum held at the University of the Philippines College of Law.

“We thought finally the government of President Aquino wanted a complete and comprehensive resolution management to the peace, security and economic problems of territories in Mindanao by consulting with us. But it was just talk,”

Idjirani said in English and Filipino.

“The framework agreement was finished without even the shadow of the Sultanate of Sulu and North Borneo. They just pretended to consult us,” he said.

He said the government encouraged the heirs of the Sultan of Sulu to lead “peace caravans” and they complied. He showed pictures of such a caravan taken in Tawi-Tawi last year. The pictures showed members of the Kiram royal family and their followers participating in the caravan.
 
Sultanate not mentioned
 
But the next thing the heirs knew, he said, the framework agreement had been signed without any mention of the “historic and sovereign rights” of the Sultanate of Sulu and North Borneo to territories included in the agreement.

“Until the government includes the Sultanate of Sulu and North Borneo, no lasting and significant peace will come to Mindanao,” Idjirani said.

“They should have seen that in the failure of the peace agreement with the Moro National Liberation Front of Nur Misuari,” he said.

“We thought the administration of President Aquino gave weight to ancestral and historic agreements. We were clearly wrong,” he added.

He said the sultanate’s “desire and intention” to be part of the peace process initiated by the government was expressed in a letter to former President Gloria Macapagal-Arroyo dated April 13, 2009.

In that letter signed by Sultan Jamalul Kiram III, he said, the government was acknowledged and referred to only as an ally in the sultanate’s ancestral and historic rights over the Sulu archipelago, which includes territories covered in the preliminary peace talks between the government and the MILF.

But Arroyo’s term ended in June 2010 with no agreement being reached with the MILF.

It was the Aquino administration that would clinch a preliminary peace deal with the MILF.

Heirs united
 
Idjirani said the signing of the framework agreement with the MILF led to the unification of the heirs of the Sultan of Sulu and their decision to proceed with claiming Sabah on their own.

Idjirani said the reported differences among the heirs were never personal but involved only policy and direction.

He said the direct descendants and heirs of the Sultan of Sulu and North Borneo were Sultan Jamalul Kiram III, Sultan Bantilan Esmail Kiram III, Datu Alianapia Kiram, Datu Phugdal Kiram, Datu Baduruddin Kiram and Rajah Mudah Agbimuddin Kiram, the crown prince who was tasked to lead the 1,000-strong civilian and military force to Sabah.

The “meeting of the minds” of the Kirams happened on Nov. 11 last year in a relative’s house, Idjirani said. It was during that meeting that Sultan Jamalul issued the royal decree that authorized Rajah Mudah’s journey to Sabah.  

With reports from Michael Lim Ubac, Jerome Aning, AFP and The Star-Asia News Network

SULTAN OF SULU: "Sabah is OUR Homeland, WE''ll Exercise Our Historic, Ancestral and Sovereign Right over Sabah"

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SABAH CLAIM:  SULTAN OF SULU WON'T BUDGE

 by

 By Arlyn dela Cruz
Philippine Daily Inquirer  
Sunday, February 17th, 2013 

Undaunted amidst mounting pressure from both the Philippine and Malaysian governments, Sultan Jamalul Kiram III, the acknowledged leader of the Sultanate of Sulu and North Borneo insisted that his royal decree that authorized the presence of  his younger brother, crown prince Rajah Mudah Agbimuddin Kiram and the combined civilian and armed followers in Lahad Datu, Sabah, Malaysia, stays.

“My decree is not about war. We are not waging war. I sent my brother in Sabah in the name of peace and in exercise of our historic, ancestral and sovereign right over Sabah,” Jamalul told the INQUIRER in a phone interview facilitated through members of his family who were beside him as he was resting after undergoing his regular dialysis treatment.

Jamalul is in Metro Manila and is guarded by family and close relatives.

Asked as to until when his decree stays? Jamalul said, “For as long as necessary. Sabah is our homeland and the international community acknowledges this. If we have to go to the United Nations we will do so. It is upon us, the leaders of Sulu to claim back what is ours,” the sultan added.

Does he have any message for the Philippine government?

“Everything I want to tell the President, I already told him in a letter sent to him, shortly after he assumed the presidency in 2010. I told him in that letter that it is the noble dream of the Sultanate of Sulu and North Borneo to achieve unity, peaceful survival and economic prosperity and to be able to achieve that, the Sabah issue cannot be ignored,” Jamalul said.

Jamalul is 74 years old, the eldest among the Kiram brothers who are direct descendants of the Sultanate of Sulu and North Borneo. He ran and lost for senator in the 2007 National Elections under the Team Unity of former President Gloria Macapagal-Arroyo.

Abraham Julpa Idjirani, secretary general and spokesperson for the Sultanate of Sulu and North Borneo said, Jamalul was supposed to meet on Saturday afternoon with some officials of the Aquino administration but was not able to do so because of the dialysis treatment.


 Jamalul’s wife Fatima Celia told the INQUIRER that her husband has been undergoing dialysis treatment for more than a year now.



Open to talks with Palace
 

Idjirani said, they are open to talks with any official sent by Malacañang as he was already contacted by several officials of the Aquino administration since the standoff in Lahad Datu, Malaysia, was reported in the media. He did not identify the officers who got in touch with him but mentioned the agencies these officials are attached to. “Magpahinga lang si Sultan Jamalul, at pag naka-pahinga na siya, puwede na naming harapin ang sinumang opisyal na gustong makipag-usap sa kanya (After resting, Sultan Jamalul can face any official who wants to talk to him),” Idjirani said.

The INQUIRER also learned from another independent source who wished not to be identified that President Benigno Aquino III was informed of the presence of civilian and armed supporters of the Sultanate of Sulu in Lahad Datu, Malaysia, as early as the morning of Feb. 11 through one of his Cabinet members. “But at that time, the report was still sketchy and we had no idea who the group was. But the President was alerted about this on Day 1 of their landing in Sabah,” the source said.

The Office of the Presidential Adviser in the Peace Process had no comment on Saturday on the Kirams’ claim that they were taking back Sabah.

In Lahad Datu in Sabah, Agbimuddin told the Inquirer that he only follows and receives order from Jamalul and no one else. No one can force us to leave. Even if I, as crown prince of the Sultanate of Sulu and North Borneo is guarded by armed men belonging to our royal security forces, we will never provoke any encounter,” Agbimuddin said.

Assorted arms
 
Members of the royal security force are armed with assorted long firearms,  Agbimuddin said. “M-14, M-16, M203, Baby Armalite, basta assorted ang dala namin (we have all kinds),” he explained when asked what type of firearms they were carrying.

The active recruitment for members of the royal security force of the Sultanate of Sulu and North Borneo, according to Agbimuddin, began in 1999 but training only began in 2001 in Simunol, Tawi-Tawi, Isabela, Basilan and even in mainland Zamboanga. “Sa Grand Stand pa nga kami ng Zamboanga nag-physical fitness exercise at alam ng Southcom ’yan (We do our physical fitness exercises at the Zamboanga grand stand, and the Southcom knew it),” Agbimuddin added.

The Southcom he is referring to is the Southern Command of the Armed Forces of the Philippines based in Zamboanga City and the Grand Stand is the one near Cawa-Cawa Boulevard.

Relatives on board
 
Who takes care of their logistics? Like food and other basic necessities since their landing in Lahad Datu?
Agbimuddin said, most of the residents of Tanduao, Lahad Datu, are Tausugs and relatives of the ones who went with him on board a motorboat from Tawi-Tawi. “Hindi kami magugutom dito at ang mga babae na kasama namin, sila ang nagluluto para sa amin (The women who are with us are doing the cooking).”
Will other groups with the Sultanate of Sulu and North Borneo follow him in Lahad Datu?

More coming
 
Agbimuddin answered that was his understanding, but he said he didn’t know when. There might even be more, he said.

Another source from Sulu told the Inquirer that a group identified with a local political clan with a stronghold in one municipality there is reportedly getting ready to follow Agbimuddin in Sabah.

 The source identified the political leader as a relative of the Kirams and also a former mayor and a former member of the Moro National Liberation Front (MNLF) known then as the “Tiger of the MNLF.”

“The mayor is getting ready and waiting for the order from Sultan Kiram III to proceed [to Sabah],” the source said in Filipino, adding that the influential leader in Sulu, now in his early 60s, command a force of more than 200 men.

UMNO Leaders Plundering The Country's Wealth

Open letter to Tun Mahathir  from Deepak Jaikishan
13/02/2013

Dear Tun,

I refer to your statement "Ignore Deepak" as your advice to DS Najib & DS Rosmah, I also take heed of your advice to me to seek the courts involvement and not use political channels to claim my rights and remedies.

Tun,

For your kind information, this is exactly what I have been doing the last 2 years from 2010 till to date and the courts have been fair and granted Judgment in my favor, however Najib's administration is "ignoring" these Judgments and evidence produced in Courts and almost all the Government Institutions have either swept DS Rosmah dirt under the carpet or just not replying to our various written testimonies and Courts Judgment; as such I would like to seek Tun's advice. What would Tun do in my place? Being of similar paternal ancestral background I am sure what I put forward in this letter would be exactly what Tun would have done in my situation or already done under different circumstances when Tun wrote the "historic 17th.June 1969" open Letter to Tunku Abdul Rahman.

Tun,

I was raided by Bank Negara Malaysia in 2010 for foreign currency exchange through money changers amounting to substantial amount of Singapore Dollars and US Dollars. The investigation was for a period of six (6) weeks and we divulged that the foreign currency was delivered to DS Najib & DS Rosmah as payments for various deals that I had acted on as their conduit including Bangunan Angkasa Raya, Bukit Raja Land and Glomac Tower (Now known as Wisma Prestige).The matter was not pursued any further.

I was also asked to be part of an investigation by MACC into the sale of an office Building at KLCC to an International Islamic Bank, we had proved through payment slips, video statements and written testimony that I was merely acting as a conduit for DS Najib and DS Rosmah and monies were given by hand to both of them in various occasions over a period of two (2) years, Dato' Jamidan a senior Director of MACC who was also involved in the Sime Darby case.

Now why it is after such clear incriminating evidence till to date there has been no investigation on DS Rosmah, DS Najib or D.Nazim? This takes selective prosecution  to an entirely different level doesn't it? How does Tun suggest I seek duress then? Let's talk about my Court experience now.

Tun,

I had bought a 200 acres piece of land from Raja Ropiah in 2007 who is now UMNO Selangor Wanita Chief and BN Wanita Chief. We paid her cash RM 13,000,000.00 and issued a Land Bond (Bank Guarantee) of RM 72,500,000.00 to complete the purchase consideration. Raja Ropiah after collecting the money, purposely delayed the issuance of the Land Title to us by completely neglecting her responsibilities to deliver this Land Title and in the sly by committing CBT sold the land to another company at a higher price and also collecting close to RM 90,000,000.00 in cash and Bank Guarantees from them, this too while our "Land Bond" was still valid and collecting Rm 13,000,000.00 from us in cash. We also paid as disclosed in open court RM 8,000,000.00 to DS Najib family. I have lodged police reports and to date zero action has been taken on Raja Ropiah and the other "R"

Instead I had to go through a harrowing experience of receiving a Foreclosure notice called a "16 D" by non other that DS Najib brother's; D Johari Razak law firm Shearn Delamore exactly 24 hours after my press conference informing the media of the corruption and malpractice of this couple. Tun, pray advice me which bank does a foreclosure without even going through the legal process involved?

Anyway by sheer "coincidence" their foreclosure was for RM 30,000,000.00 and Boustead Holding suddenly appears out of nowhere to agree to Purchase our Company that owns this 200 Acre letter under the name of Asta Canggih Sdn Bhd for the same RM 30,000,000.00 !! Wonders of Wonders right ? The best part is Boustead also paid us in "advance" before signing the Agreement on condition that we withdraw the case from the courts immediately as the open court  date was in the same week, Now Tun, please advice me what you would have done in this circumstances?? The best part is that Raja Ropiah was paid a further RM 29,000,000.00 as her “sentence” for the CBT.

Tun,

We had sold a building to a subsidiary of an International Islamic Bank in 2008 and they defaulted in the payment to us in 2010 when the new shareholders came in, now we won this landmark case in court via a Judgment on 07th November 2012 and the Court Judgment found that an International Islamic Bank;-

a)  used unlawful means to conspire against us with the predominant purpose of injuring us

b)  Committed breach of the Letter of Undertaking they issued to us

c)  Involved in the issuance & release of fraudulent letters to injure us and our business

The bank was also exposed in open court of:-

i) Cheating its Depositors by purchasing Assets using an "associate" company where they initially claimed ownership of 19% but in actual fact owned 100% through A  "Declaration of Trust Deed" which they later were forced to admit in open Court upon the presentation of the "Declaration of Trust Deed"

ii) Cheating the various statutory bodies like Bank Negara Malaysia, SC, FIC and ROC by using these Malaysian nominees’ shareholders to circumvent foreign ownership declarations and Approvals required.

iii) Cheat Bank Negara Malaysia, by showing loans exceeding its own Paid up Capital at the material time as loans to third party Companies when in fact it was loans to its own subsidiary.

Tun,

We had written to Bank Negara Malaysia to take necessary action against this International Islamic Bank as per the Banking Laws:-

a) Removing the CEO immediately

b) Limiting or revoking the Bank's License to prevent the Bank from taking Depositors

c) Having the Bank announce this unlawful conspiracy and breach to depositors and share holders in Malaysia & the middle east where it is a Public Listed Company and  also Governed by a Board of Trustees.

Tun,

My numerous letters to Tan Sri Zeti and the Board of Directors of Bank Negara Malaysia till to date have remained unreplied, why? Because Bank Negara knows that D Rosmah and D Nazim was involved in the Building sale, why? Because our written and video testimony to MACC in 2011 has confirmed the involvement of both D Rosmah and D Nazim in the transcript including evidence of payments made.

Hence, Tun, having a court Judgment is not enough today in Malaysia where even our most sacred Institution Bank Negara Malaysia sings to the tune of D Rosmah and no longer "I did it my way" anymore.

May I ask Tun, do you want to see Barisan Nasional and Malaysia destroyed by these blatantly corrupt couple, I seek your advice, What do I do after going to Court and winning the case? All the institution is under the control of this Bonnie & Clyde couple? Where do we go from here? The International Court of Justice? The Media? Or The Opposition? Please advice me through your Wisdom Tun as I am both perplexed and disgusted with what has happened to Malaysia the last 11 years through the paralysis of our Government

I am sadly disappointed with Tun’s press statement asking that I be ignored, how can I be ignored when we are defending the same country’s dignity and integrity. Maybe Tun is listening to the wrong people who tell Tun that I am working with the opposition to topple the Government, Tun I am a nationalist, I won’t help anyone topple my country’s dignity, No ONE.

Tun, you yourself have said that Najib is very weak, which is a reality, the Chinese know the level of corruption is not going to end and the Malays know that only a handful of “elite” Malays get very rich and the rest rely on scholarship, KR1M, BR1M and DR1M, eventually we all will become beggars or maids at the rate things are going where our debt will hit RM 1 Trillion by 2014. Everyone knows that Najib is Santa Claus PM giving “cash” to everybody to win by BRIBING THE NATION!! Everyone knows the real PM is Rosmah and Najib is just the happy Santa Claus PM.

My concern is not only about the country going into riots during or after election but also if the military takes control in all the chaos that will precede a dirty election. With the risk of facing the severe consequences of my words, I ask that Tun M propose that Najib be asked to resign and his deputy to lead a refreshed BN into the election mode which must happen in the next 60 days.

Tun,

I hope that my letter is accepted by Tun in as sincere a manner that it is written for and that no matter how bitter the truth is, it will still remain the truth and will always prevail over the lies and denials of Plunderers and Murderers.

Yours Sincerely,

DEEPAK J TEKWANI

 http://bm.harakahdaily.net/index.php/berita-utama/16676--deepak-buat-surat-terbuka-untuk-dr-mahathir

12 JANUARY - STADIUM MERDEKA

http://www.malaysiakini.com/


1.57pm: Outside Stadium Merdeka (main gate) - An estimated 20,000 people begin to move into the stadium.
Leaders of rally co-organisers - Solidariti Anak Muda Malaysia (SAMM), Felda Anak and Royalti - were seen on top a jeep leading the crowd.
2pm: Stadium Merdeka - Overall, the marches to the stadium has been mostly smooth, with the police helping to control traffic.
There are impromptu marches all over downtown Kuala Lumpur and more of this can be expected because some groups, such as one currently in Masjid Negara, will only march after zohor prayers, which means they will march only after the rally is officially underway.
2.10pm: Stadium Merdeka - The rally kicks off with the singing of the national anthem as thousands of participants still making their the way into the stadium.

There are loudspeakers mounted outside the stadium for the benefit of those still queuing to go in.
DAP Rasah MP Anthony Loke starts the rally inside the stadium speaking in Chinese and Malay. He calls on the people to vote out the BN government.

“Najib is only gathered at Semenyih Tesco. We are at Stadium Merdeka and we rise to oppose BN,” he says.

Spotted in the stadium is Parti Ikatan president and former Umno minister Kadir Sheikh Fadzir.

2.20pm: Stadium Merdeka - An estimated 70,000 are in and outside stadium. The weather is cloudy but the earlier drizzler has stopped. A police helicopter is seen hovering above the city.

2.29pm: Opposition Leader Anwar Ibrahim, who is scheduled to address the rally later today, issues a statement to Malaysians and supporters abroad asking them to provide support to their fellow citizens in the country by spreading information about today's rally.

“Keep tweeting and posting all day, keep talking, keep sharing, every voice matters, every effort adds on to building a flood of hope, and by the day dwarfing the dam of intolerance and aloofness built by those who rule today. 

“That one day, the dam will break and sunlight will shine again in our lives,” he said in the statement.

2.08pm: Stadium Merdeka - PAS Johor rep Suhaizan Kaiat speaks on issues concerning Pulau Batu Putih and the Iskandar project in Johor.

PAS chief Abdul Hadi Awang and secretary-general Mustapha Ali arrive in the stadium.

Shortly after, Tijah representing the Peninsular Orang Asli addresses the rally on indigenous rights and alleges that much of Orang Asli land has been robbed from them.

He says today should be remembered in history and that Orang Asli rights should not be denied, and for them to be treated fairly and equally.

Bersih co-chairperson Ambiga Sreenevaasan and PKR veep N Surendran are seen in the stadium.

2.20pm: Stadium Merdeka gate - Despite police warning to participants not to bring children, a family has ignored the order.

Suzilawani Mohd, 32, says she didn’t feel scared to bring her children to the rally because she expects that the government will not take a tough stand.

“Last time, I might be afraid because of the tear gas and water cannons,” she says, with her husband Naveed Ghalam Rasool beside her.

Asked about her reasons for taking part, she says she wants to experience the feeling of a rally before the election.

2.25pm: New groups of rally participants, with some of them wearing the iconic Bersih yellow T-shirts and holding PAS flags, start to march from the National Mosque to Stadium Merdeka.

The 3,000-strong crowd shouting 'Reformasi' completely floods the road leading to Stadium Merdeka.

Among them is Mohamad Yusof, a disabled on wheelchair, who came from Ijok, Selangor, to join the rally.

2.30pm: Jalan Imbi, Hang Tuah LRT Station - Despite the rally having begun half an hour ago, there are still many participants on the way to the stadium.

Many protesters dressed in yellow and green are spotted at the Hang Tuah LRT station. In addition, many Muslim participants have just started to walk towards the stadium after their prayers at the Albukhary mosque.

The stadium is about 1km from both the LRT station and the mosque.

2.40pm: Stadium Merdeka - DAP secretary-general Lim Guan Eng, parliamentary leader Lim Kit Siang dan national chairperson Karpal Singh who is on wheelchair, arrive and entere the stadium.

2.50pm: It’s drizzling in the stadium. Bersih co-chairperson S Ambiga is giving speech. She reiterates that Bersih is a non-partisan NGO fighting for the people.

The electoral reform coalition, she says, is to safeguard the people's rights in the coming general election.

“We are not favouring any political party. We fight for the rakyat. I hope you all will come out and vote in the 13th general election.”

2.53pm: It is Himpunan Hijau chairperson Wong Tack's turn to give speech.

Without wasting any time, he urged the people to rise up and change the government come the next general elections.

"God gives us a wonderful and beautiful land, why do we want to destroy it?"

"Enough is enough, the people must rise up. This corrupt regime must be dropped. We must remove the corrupt government!"

2.51pm: According to a Twitter update from the police, the stadium has been filled with about 80,000 people as at 2.45pm.

2.55pm: A lot of people can't get into the stadium and are hanging around the carpark.

The stadium is filled to the rafters. Many resort to climbing on the ticket stands, fence and walls to witness the proceedings.

2.55pm: Jalan Maharajalela – Participants outside the stadium are having a carnival playing on their vuvuzuela trumpets while the cars passing by honk to show support.

3pm: Anak's Mazlan Aliman takes the stage. He starts his speech with a loud shout of “Undur Isa Samad!” (step down Isa Samad)

“Today Felda settlers have risen to make changes.

“All this time BN has been in power due to strong support (from Felda settlers). God willing this time Felda folks will rise and march to Putrajaya.”

3.04pm: The first part programme of the rally has ended. Popular singer Ito from the rock group Blues Gang sings a song called ‘Ubah ini kali lah’ (Let's change this time), followed by a poetry reading by national laureate A Samad Said.

He jokes that he had never expected his poetry could be used as a weapon in this country.

“Even poems have become weapons,” he says in a short speech before reciting his poem ‘On the field of history’.

He adds that he has always wanted to witness a ‘sea of humanity’.

“In my life... I am already 80, I have always dreamed of witnessing a sea of souls. This is it. Change now,” he said.

Pakatan leaders will then take their turn to speak.

3.22pm: Mohamad Sabu, better known as Mat Sabu, takes his turn to speak.

As rally secretariat chairperson, he thanks all quarters for making the rally a success, including the police department.

He called the rally today a step towards Putrajaya.

“This is our last rally before heading to Putrajaya,” he said to a roar from the crowd.

He says Malaysians are holding concurrent rallies in Jordan, London and Auckland.

Mat Sabu then tells the crowd about the SMS (right) that Malaysiakini had reported offering participants money to participate in the rally.

The fake message told participants that their payment for taking part in the rally was ready for collection at PKR headquarters.

“Did anyone pay you RM150?” he asks the crowd, who respond “No!”

“I do not intend to pay your RM150, but I would like to ask funds from you, ladies and gentlemen. I would like to ask donations,” he says.

With that, the organisers begin collecting donations from the crowd.

3.30pm: Outside the stadium, some participants are seen shaking hands with the police in appreciation of their service. One attendee from Sungai Petani is spotted thanking the police before rushing off to take a bus home. The police replies with a warm smile.

“The police were good today. They did not disrupt our rally compared to the past,” he says.

3.35pm: After Samad Said's poem, singer Ito returns to the stage and perform another song, which touch on the unity of all the races.

While enjoying his performance, the 100,000-strong crowd also perform the "wave" around the stadium a number of times.

3.38pm: The police revises one of its earlier Twitter postings, clarifying that the estimation of 80,000 crowd in the stadium at 2.45pm was a “technical mistake”.

“The real number will be announced by the Kuala Lumpur police chief or district police chief,” read the latest message.

3.52pm: Earlier at about 12pm, Mohamad Sabu who is the rally's secretariat chairperson told Malaysiakini that the organiser will not entertain controversial carpet dealer Deepak's request to speak in the stadium.

"No, we already have many NGOs want to speak in the rally, no more space," said the PAS deputy president.

3.58pm: Jordan - Malaysians in the Middle East nation report that after Friday prayers, the undergraduates from Mu’tah Jordan have gathered at the snow-covered Tarawneh Square in 4 degrees celcius weather.

“Although it is cold, we are filled with the spirit of the rally as a sign of concern for Malaysia,” said Suhaila Lukman in an email statement.

She says although they are unable to be in Kuala Lumpur, they are there in spirit and prayer, and share the youth’s aspirations for change.

“Our rally lasted around 30 minutes accompanied by speeches from the student representatives, followed by prayers and shouts of ‘Takbir’,” she

STEVEN OH's Open Letter to Malaysiakini

 

The following is an open letter by Steve Oh, the man who penned the letter that is at the centre of a police investigation.

---

Dear Malaysiakini,

I am sorry to learn about the police visit to your office yesterday, not just one or two but 15 of them.

It lends credence to former PM Dr Mahathir Mohamad's idea of ‘a police state’. If not over my letter, I am sure the police will find another reason to visit your office. It is mind-boggling why so many were necessary and you must have run out of tea or coffee.

I am told the reason for their visit was over a letter I had written to you and which you had published touching on the comments by Lembah Pantai MP Nurul Izzah Anwar at last Saturday’s Oriental Hearts and Mind Study Institute (OHMSI) Truth Matters forum.

I am glad that you still have it in the letters column because as your editor-in-chief Steven Gan rightly explained, "There is nothing considered as seditious in Oh's letter" and he is absolutely right. I stand by what I have written and let others fall in their false accusations.

I am just a nobody expounding somebody's ideas of freedom in a country bent on becoming the 'world's best democracy' as promised by Prime Minister Najib Abdul Razak. My ideas are congruous with his noble proposal so I can't understand why Malaysiakini is being put through the gauntlet again, this time over my letter. If a citizen has no freedom to express his or her peaceful ideas, then it is a dark place indeed.

I love the Malays, I love the Indians, I love the Chinese, I love the Sabahans, I love the Sarawakians and to speak the truth in love about their welfare is to love Malaysia and that is why I write. Nothing should stop anyone from speaking out against the wrongs in society and good governance is about rectifying the wrongs and not exacerbating the wrongs with more wrongs. 

I am also told that unless you give the police my email contacts they will confiscate your computers. You have refused to give them any details without my permission. It is what a noble and principled journalist and newspaper will do even if there is nothing to hide. It is all about professional ethics and safeguarding the integrity of journalism.

I do not want you to lose your computers so please feel free to give the police my email details under protest and offer them every cooperation, but they may still confiscate your computers. There is nothing to add or subtract from what was published, and my letter was on its way to the Malaysiakini archives until the police became the catalyst for its spread.

News and views come and go but the police can make them last much longer. I don't blame the police who have to follow orders and I look forward to when they will not be used to pursue trivial matters when the real criminals are out there. The police must also remember that they are accountable to a higher divine authority and must act justly and protect all citizens from slander and various forms of injustice.

Let good triumph over evil

Allow me to thank your readers for their comments of support but it is not about me but the welfare of others who have suffered the harsh injustices in the country. We climb mountains because they are there and we say things that need saying because we are conscionable human beings who care for others when we observe the injustices happen right before our eyes and the least we can do is speak out in their cause.

It is not my intention to upset anyone, least of all those who hold office in government which we all must respect but in a democracy when those in governance give us reason to criticise them as when they do wrong then it is our patriotic duty to speak out.

"Courage is not the absence of fear but the strength to do what is right in the face of it," wrote J Johnson.

The betrayers of democracy are not only its repressors but those who abet them by their apathy or sympathy. I know more and more Malaysians want their country to be a better place and have good governance. That is why they speak out and Malaysiakini provides that avenue in a responsible way.

What is needed for evil to triumph is for good people to do nothing, as Edmund Burke wrote.

My prayers still are for the government and all those in authority that they will do good and not harm the innocent because doing what is right exalts a nation and everyone benefits. There are good politicians in government as in the opposition and a responsible and responsive civil society has to be active to ensure the good triumph over evil.

Steve Oh

MALAYSIA: POLICE INTIMIDATION AND HARASSMENT

8th November 2012

15 cops visit Malaysiakini over reader's letter

A team of 15 police officers visited the Malaysiakini office this evening to investigate a reader's letter related to the recent controversial statement made by PKR vice-president Nurul Izzah Anwar.












Malaysiakini is being investigated under Section 298 of the Penal Code which deals with the offence of "uttering words ... with deliberate intent to wound the religious feelings of any person".













If found guilty, the offender can be punished with imprisonment for a term up to one year or a fine or both.

The letter being investigated was authored by Steve Oh and published on Malaysiakini on Monday, entitled 'Nurul's watershed idea for the nation'.

The police team led by Subang Jaya police district headquarters senior investigating officer ASP Nadzri Harun arrived at the news portal's headquarters in Bangsar, Kuala Lumpur, at 5.15pm.

The team included the forensic unit from Cheras police district headquarters.

Intimidation and harassment


Armed with a search warrant issued by Petaling Jaya magistrate under Sedition Act, they spent about 90 minutes recording statements from Malaysiakini chief editor Fathi Aris Omar, news editor Gerald Martinez and human resource manager A Shamini.

The police left around 6.50pm without confiscating any item from the office. However, they will be returning to Malaysiakini tomorrow for further investigation.


Editor-in-chief Steven Gan described the visit as "yet another case of intimidation and harassment".

"There is nothing considered as seditious in Oh's letter. We are consulting our lawyers on the matter," he said.

Malaysiakini was raided by the police in 2003 and 19 computers were seized, also over a letter to the editor written by a reader.

However, no charge was filed and the case was eventually closed.


 

VIDEO l 2.03 mins

Nurul's watershed idea for the nation

Read here in malaysiakini

by

Steve Oh

The Malaysiakini report on Nurul Izzah Anwar's statement that there should be no compulsion in religion even for Malays is a watershed idea for the nation.

This poignant truth surpasses even the remarkable observation made by former Malaysian Prime Minister Abdullah Ahmad Badawi on the country's "first rate infrastructure and third world mentality."

It shows that Malaysian leaders know what's wrong with their country but do they have the moral courage and political capability to right the wrongs?

I am sure Nurul Izzah and her political coalition will win many votes if she makes her suggestion a key policy in their political manifesto.

It will bring Malaysia in line with contemporary values of human rights because the Malays are still a bonded people, controlled by all sorts of rules and regulations that exempt other Malaysians.

This one-nation two-system method of governance is retrograde and reason why despite all the high-sounding political slogans about 1Malaysia, real unity remains elusive.

Control is a double-edged sword and the government has done harm to the image of Islam because to non-Muslims the double-standards it practises in propagating Islam while restricting other religions, shows Muslims as weak in their beliefs and need cocooning from the world.

The Malay mind thus becomes like a licensed mind because the government and its religious authorities decide what they can and cannot believe and do.

For example they cannot marry a non-Muslim without having their intended spouse convert to Islam. Such a practice is not seen in Indonesia, the largest Muslim country.

We have also seen Lina Joy, a Malay who had converted to Christianity, unable to have her conversion recognised. I know of others in similar circumstances who have faced persecution and Operation Lalang in 1987 saw several Malays unfairly jailed and beaten while in custody.

The politicians are not concerned about the welfare of the Malays or Islam but their political control over the Malays so that they can keep them as a fixed deposit.

With political control the corrupt politicians are then able to plunder the nation and prove they are the real enemies of Islam, and fortunately more Malays are seeing the truth.

You only need to meet a Singaporean Malay to observe how myopic Malaysian Malays appear in comparison.

It seems pointless to send Malays on government scholarships to obtain PHd's in various fields when the Malay mind is still like the proverbial frog's under a tempurung (coconut shell).

Thus such a Malay mind is a closeted mind and this is often reflected in the sorts of ridiculous ideas we often hear or read about in the media when those sorts of leaders open their mouths and give us a peek into their minds.

Did not one even ludicrously suggest to vote for the DAP is a sin?

Sometime in the early 80's I wrote a letter with a similar view as Izzah's that was published in the New Straits Times.

I opined that the Malays have a right to be exposed to various ideas including different religions and I still believe that when the Malay mind is liberated from government control, then the country may soon see the enlightenment that Anwar Ibrahim wrote about in his book ‘The Asian Renaissance'.

Malays are not inferior to the Chinese or anyone but after 55 years of feudalistic control by their political overlords, the system of political largesse has resulted in a government-sanctioned policy of treating Malays as inferior and needing special treatment and the government continues to labour this perception.

States that practise religious or ideological control over citizens are like the communists that dictated what the people should believe.

They failed miserably and their capitalism today can only succeed when the human spirit is free to soar.

We are told Malay graduates fare poorly in the queue for jobs in the private sector and the finger can be pointed at the government's failed policy of racial segregation and producing what the employers consider an inferior product.

Until meritocracy is practised the Malays will continue to suffer a bad image.

When we were in school the Malays in our class were always among the top students and ours was a top school in the country. But because of the government's subsequent policy of racial discrimination, sadly our alma mater has lost its former glory.

Today religion and ideology-repressed states are failed states and even China, the remaining major bastion of communism, no longer practises thought control and freedom of faith is upheld albeit religious persecution still happens within certain places.

Malaysians have seen that rapid Islamisation and religious zeal by the authorities have not produced a society that reflects the high moral values that Islam and all religions advocate.

Instead in Malaysia we see Muslims act against the teachings of their religion and even so called religious leaders have allowed themselves to be used as political tools in a political agenda at the expense of Islam.

Is that not why corruption is rife and many Muslims are culpable of all sorts of crimes even the murder of Altantuya Shaaribuu, linked to the incumbent political leadership?

The religion of force has not produced true believers and no matter what the religion, it becomes diluted and delusional when its adherents become nominal and have to play hypocrite to avoid persecution.

Even the enigmatic Dr Mahathir Mohammed had to concede that his Muslim brothers and sisters conform more to form than substance but his half-truths overlook that it was due to his Islamisation and failure to right the wrongs after twenty two long years in the driver's seat, that is largely to blame.

If anything is deficient in the Malay mind blame it on a government that has fed the disease, not cure it.

Not long ago a Malay friend of mine died and was buried a Muslim though I know he had since stopped being a Muslim and was a strong follower of a strange foreign cult and he had not been tacit about his real beliefs and even tried to convert me.

Is it so difficult for those who claim they believe in the true religion to accept the hard truth? Is form more important than substance and face-saving more important than honouring the truth?

Pseudo-believers can be found in any religion and that is why no religion that takes its own teachings seriously advocates coercion though all religions have spread through proselytisation.

When religionists confuse submission with subscription they lose the plot. Forcing someone to submit to something is different from seeing someone subscribe to something out of willingness and conviction.
It results in the sort of silly actions by teachers who whip students for not obeying their enforced Islamic zeal in schools.

The forcing of non- Muslims to convert to Islam when they marry Muslims only creates a class of nominal Muslims.

The same can be said of forcing those who are born into Muslim families to be Muslims. Malays therefore are like 'religious slaves' if I may use the analogy.

They are born into religious and ideological bondage. They are often fed lies about other religions. Reading what some of their books describe of subjects that I know intimately is like reading horror fiction.

So when I hear enlightened Muslims like Nurul Izzah talk sense, I feel there is hope for the truth to be vindicated.

Anyone who is not free to think for himself or herself and has the freedom to adopt the religion of personal conscience and conviction is still a slave in reality. For this reason religion becomes a farce.

Can anyone afford to entrust his or her eternal future to any political party?

It is reason why those Muslims who go to mosque every Friday and pray five times a day and fast at Ramadan still think it is okay to accept bribes in their jobs because it has been the practice for so long.

They are no different from the prostitute who has a shrine of Kuan Yin in her room while engaged in a sinful business.

The same hypocrisy can also be found among the practitioners of other religions because nominalism and hypocrisy go hand in hand and produce spiritual blindness and intellectual darkness.

Is that not why we find so many Muslims in high office guilty of corruption and sexual misconduct, not unlike those who do not believe in God or consider themselves religious?

At least the latter unlike the former are acting out their beliefs and can't be called hypocrites. Sometimes I respect the atheist more than the religious hypocrite. Nevertheless God tells us the fool believes there is no God.

The liberation of the Malay mind will not only enhance the quality of Muslim faith but also enrich the Malay race as a people and community.

The government has been hypocritical in preaching about diversity but practising a system of racial and religious discrimination.

Add to it a policy of keeping the Malays in religious bondage and you have the ingredients for an incendiary society that can be ignited by the political conspirators as we saw in May 13, 1969.

Only this time we have bright and enlightened Malays who prevent history repeating itself.

I don't see the Chinese hung up about their religious and political diversity. The fact a Malay is defined as a follower of Islam defies logic, natural justice, and the fact race is not synonymous with religion.

So were the pre-Muslim Hindu Malays not real Malays?

The doctrine of Ketuanan Melayu is really a misguided idea of nationalism, a subversion against nationhood, a political ploy and an idea bound to fail because it has no moral authority in contemporary society.

You cannot believe that European colonialism is morally repugnant when you replace it with your own local variety.

Fifty five years of political feudalism as we have seen in Malaysia is enough for Malaysians to realise until they discard the status quo, they will never see radical change and remarkable progress as we see in Singapore, South Korea, and Taiwan.

Even Indonesia is outpacing Malaysia in its democratisation and economic progress.

The sooner the political cocoon is discarded the quicker we will see the Malay emerge as a beautiful butterfly instead of remaining in the suspended stranglehold of political ugliness.

There are many emancipated Malay minds and the hope of the Malays lies in their intellectual leadership, not those who exploit race and religion to advance their own perverted, selfish and greedy interests and still speak the language of deceit.

It is time Malaysians reject the idea that the government is the licensing board for intellectual freedom.

The Malays have to emancipate themselves and it is young leaders like Nurul Izzah who offer hope for them.

The archaic ideas and ways of the old political guard that has controlled the country for so long, is out of sync with the times and aspirations of contemporary Malaysians.

It is the corrupting ways of the old guard that is why Malaysia is unable to make real progress and falling further behind Singapore, because while Malaysia protects its corrupt police and politicians, Singapore prosecutes them, and they don't even have to factor in religion to act righteously.

We only need to look across the causeway to realise that an honest and sincere respect for others is the way to build a successful nation.

It gave me great joy to listen to the public announcement in Tamil as I alighted from a train in Singapore's MRT station.

Singapore has no hang-ups about its colonial past or that promoting Malay, Tamil, English and even Japanese is less nationalistic among its majority Chinese leaders.

What is wrong with Malaysia begins in the Malay mindset because they control the government and its machinery.

It has affected even non-Malay minds of certain MCA and MIC leaders who have sold out their own people for the same reasons the Malay leaders have sold out theirs.

Watching them shadow box with their Umno comrades while their constituencies continue to suffer serious injustices gives credence to the notion of the Ugly Chinaman and the Ugly Indiaman.

They need to prove to the majority race that they can be relied on to put their own people in their place as long as they are recipients of political largesse.

Nurul Izzah offers hope for the nation because she thinks like a Malaysian and a Muslim coming to terms with the reality that God is not just the God of the Malays but everyone and that faith is not about clobbering others and cocooning oneself in ignorance and bigotry but engaging those who differ from us.

I have just spent more than two weeks in Taiwan and though this country has been colonised by various nations, it has no chip on its shoulder and is not zenophobic.

Its tourism slogan is ‘Taiwan the Heart of Asia' and I soon found out why, because its people are generous.

Malaysia claims it is Truly Asia but is it really?

How is it truly Asia? Or is it just another slick slogan? How Asian are you when you compel others to speak like you, dress like you and believe like you?

Fortunately it is the people themselves, the ordinary Malaysians who reflect the virtues of the country and its appeal to foreigners as a friendly and hospitable place.

The victims of this ugly political bigotry are the Malays themselves who in my purview are among the nicest people anywhere.

The same can't be said of some of their lying and conniving political leaders and that is why Nurul Izzah is a leader of the times and the future despite her youth.

Pak Lah hit the nail on the head with his 'first world infrastructure, third world mentality' comment and it is my hope that younger politicians like Nurul Izzah will be able to liberate the Malay mindset from its bondage to the political and religious status quo.

What Pak Lah could only diagnose, perhaps Nurul Izzah, her mom and dad in politics, and others who love their country will be able to cure.

The hope of Malaysians is in the hope that a new government will cure the sickness that sees the country bedevilled by the devils they know and want no more of.

There is a brave new world waiting for Malaysians but it is not in hanging on to the past and the present political leaders whose performance despite the fresh slogans, are banal at best, and who have yet to learn that slogans, spin and lies do not make a nation, least of all a great one.

If Malaysians want change they have to work hard for change and if a report that more than 20 percent of Malaysians are still not registered to vote, it is yet another challenge the Opposition face to rouse them to act because every vote counts when the system is against you.

Your Royal Highness, It is So Trivial. Does It Really Matter ?

Read here and here for more


 

 

 The Sultan of Selangor has questioned the state’s decision to invite Datuk Seri Anwar Ibrahim to grace an official National Day celebration last week, a Malay daily reported today as controversy grows over the Pakatan Rakyat (PR) government’s treatment of the palace. 

 

“His Royal Highness the Sultan finds it strange that in such a programme, Anwar, who is not part of the state government’s top leadership, was the guest-of-honour.
“The PKR Opposition Leader also does not hold any official portfolio, except as the appointed State Economic Adviser,” Datuk Mohamad Munir Bani, who is private secretary to Sultan Sharafuddin Idris Shah, was reported by Sinar Harian as saying.

“The convention is that if His Royal Highness is unable to attend the state government’s official programmes, the Mentri Besar replaces the Sultan to give speeches and so on. But, why was Anwar invited and gave a speech, when this was an official programme, not a political programme?” the palace official told the Malay daily.

Mohamad was previously reported as saying that the Selangor Sultan was not invited or informed of the state-level celebrations.

“Maybe the people will wonder why in an official programme, the Sultan did not appear, but Anwar became the guest of honor and came forward to speak,” he was quoted as saying.

Prime Minister Datuk Seri Najib Razak had yesterday castigated the PR-led Selangor government for shutting out the state Ruler from its official National Day celebrations at Dataran Shah Alam last Thursday, suggesting that it placed greater importance on Anwar  who was only an economic adviser than the monarch.

“The question of disrespecting the Selangor Sultan does not surprise us... they show more respect to their economic adviser who has no locus standi,” he told reporters at the Selangor Umno Adilfitri celebration in Sungai Buloh yesterday as he scoffed at his political nemesis’ specially-created position within the state government.

“His Royal Highness is the symbol to the state that we must respect,” he said, adding that the Selangor Sultan was a symbol of the state’s sovereignty and unity and should be accorded the highest level of respect.
Najib, who is also Umno president, had warned that there the PKR-DAP-PAS opposition bloc would change many things, including the royal institution should it succeed in taking power at the next general elections due soon.

Selangor Mentri Besar Tan Sri Khalid Ibrahim has deflected criticism saying the state countdown to the country’s 55th Independence Day last Thursday at Dataran Shah Alam was not politically-motivated.
“This celebration has never been a politically-motivated celebration and has been carried out by government officials from the state secretariat office for several years,” Khalid, who is also the PKR treasurer, was quoted as saying in today’s New Sunday Times.

Khalid reportedly said that the state had complied with the usual practices in organising such an event.
The weekend edition of the Umno-linked English daily also reported Khalid saying that State Secretary Datuk Mohamad Khusrin Munawi would explain the circumstances in a report.

 The Selangor government today denied it had intentionally shut out Sultan Sharafuddin Idris Shah from its official National Day celebrations last week, and pointed out that the state ruler did not traditionally attend the event and this has been the practice since the previous Barisan Nasional (BN) administration.

The state leadership — now under Pakatan Rakyat (PR) control — was put on the backfoot today after the Selangor Ruler reportedly questioned its decision to invite Opposition Leader Datuk Seri Anwar Ibrahim to grace the event despite the fact that he holds no official position in the government, pointing to a widening rift with the palace.

Faekah Husin, who is political secretary to Selangor Mentri Besar Tan Sri Khalid Ibrahim , defended the state's decision as the norm for the past four years.

“It has been the tradition for the last four years that His Royal Highness the Sultan is not invited and (does not) attend the Merdeka day celebrations programme.

“His Royal Highness is only invited to the yasin and tahlil ceremony at state mosque, Sultan Salahuddin Abdul Aziz Shah Mosque,” she told The Malaysian Insider when contacted.

She said it had always been the case even when the state was under BN administration. '

She was responding to Malay daily, Sinar Harian’s front page news report today, that the Selangor Sultan had questioned the state’s decision to invite Datuk Seri Anwar Ibrahim to grace the state’s official National Day celebrations last Thursday night.

“The convention is that if His Royal Highness is unable to attend the state government’s official programmes, the Mentri Besar replaces the Sultan to give speeches and so on. But, why was Anwar invited to give a speech, when this was an official programme, not a political programme?” Datuk Mohamad Munir Bani, who is private secretary to the Selangor Sultan told Sinar.

The Sultan’s private secretary was also previously reported as saying that the Selangor Sultan was not invited or informed of the state-level celebrations.

Faekah said she was confident that the committee organising the event, led by State Secretary Datuk Khusrin Munawi, had conducted checks on protocol when deciding the invitation list.

“We believe Datuk Khusrin has seen the protocol list for invitations of previous years including celebrations during the time of BN’s rule (in Selangor).

“But if this year, His Royal Highness had the intention to attend the Merdeka eve celebrations, His Royal Highness’ private secretary Datuk Mohamad Munir Bani has to advise us, but there was no advice regarding that matter from him,” she said.

She also expressed regret at Munir’s statement to the media that appeared to have been played up by certain parties to suggest the Selangor PR government was attempting to diminish the Sultan’s role.
“Datuk Khusrin himself has guaranteed that Datuk Munir will explain, but I don’t understand why his (Munir’s) statement in the media is very different.”

“When it’s related to the Sultan and the palace, the state government is very careful,” she said.
A text message the state secretary had sent Faekah — made available to The Malaysian Insider — appeared to corroborate her remarks.

In the message, Khusrin had purportedly referred to the issue as an attempt by Umno-owned Malay paper Utusan Malaysia to stir up public sentiment against the state government. He had also purportedly said he would clarify the matter with the Sultan’s private secretary.

The text message stated: “Saya maklum. Utusan sengaja nak buat isu. Selama ini memang Tuanku tak pernah dijemput dalam program malam kemerdekaan kecuali majlis baca yasin. Saya minta Dato Munir untuk beri penjelasan semula (I note that. Utusan wants to create an issue intentionally. All this while, His Royal Highness has never been invited to Merdeka eve programmes except the yasin reading ceremony. I will ask Datuk Munir to explain again)”.

Faekah also said the state government is confident that the Sultan of Selangor will view the matter from a broader perspective despite allegations by certain parties criticising the state for its alleged disrespect to the royal institution.

Prime Minister Datuk Seri Najib Razak had yesterday castigated the PR-led Selangor government for shutting out the State Ruler from its official National Day celebrations at Dataran Shah Alam last Thursday, suggesting that it placed greater importance on Anwar, who was only an economic adviser, than the monarch.

“The question of disrespecting the Selangor Sultan does not surprise us... they show more respect to their economic adviser who has no locus standi,” he told reporters at the Selangor Umno Adilfitri celebration in Sungai Buloh yesterday as he scoffed at his political nemesis’ specially-created position within the state government.

“I believe His Royal Highness is wise enough to view this matter in a broader way.”

“No one wants to ignore the Sultan; what more if His Royal Highness himself has intentions to attend the Merdeka eve night (celebrations),” she said, adding that “but if that is true, the intention did not reach us.”
“If it was informed (to us), I am confident that the Merdeka celebrations will be more joyous with the presence of His Royal Highness, the Sultan,” Faekah said.