THE

SULTANATE OF SULU AND NORTH BORNEO The first group of Malay people moved into the Malay Peninsula about 2000 B.C from A.D. to the end of the 1200s. The ancient Indonesia Buddhist Kingdom of Srivija dominated much of the Peninsula. Later, for a period, the Hindu Kingdom of Madjapahit on Java gained control. The founding of the Port of Malacca in the early 1400s aided the spread of Muslim. Since the year 1450, the Sulu archipelago already had an organized government. Sultan Abu Bakar a.k.a. Sharif Al Hashim, claiming descendants from Prophet Mohammad was the first of a long unbroken line of Sulu Sultan which continues to date in the person of the 86 year old Sultan Julaspi Kiram II. His death occurred on June 09, 1994. The Last Will and Testament dated September 1990 recorded at Kota of Kinabalu in the State of Sabah appointed and declared his eldest son PRINCE HADJI RODINOOD M. SULTAN JULASPI KIRAM. Sabah was then a part of Brunei in 1704, Sabah came under the rule of the Sultanate of Sulu as a reward-historically and officially in helping the Sultan of Brunei quell a rebellion. In 1511, the Portuguese captured Malacca, beginning more than four centuries of European colonial rule in person. Malacca was taken by the Dutch on 1641 and in 1786. The British occupied the offshore Island of Penang. British influence in the area expanded rapidly during the 1800s and eventually all of Malay States came under British control but no ownership. By the early 1900s the British were also firmly entrenched in Sarawak and North Borneo (now Sabah). The British became active, partly because of the sought Trade, but also to check French power in the Indian Ocean. The Sultan of Kedah, looking for help against the Siamese, leased the Island of Penang to Raffles, a company administrator, founded Singapore n 1819. Under the Anglo-Dutch Treaty of 1824, The Great Britain secured Malacca from the Dutch and in return, relinquishes its claim to Sumatra, and nearby smaller islands, Singapore, Penang and Malacca (which collectively became the straights settlement n 1826, were then administered by Britain. Through Treaties, diplomacy and relentless political pressure, the British gradually extended their control over the Malay Peninsula. By the early 20th century, the entire peninsula and the North Borneo States of Sabah and Sarawak were under their dominion. In the Deed of January 4, 1878, Sabah was leased by Sultan Jamalul Alam, father of Sultan Jamalul Kiram II to Austrian Gustavos Overbeck and Alfred Dent what was then known as the British North Borneo Company. Overbeck and Alfred Dent fully admitted to the Sovereignty Rights of the Sultan of Sulu. On January 7, 1882, the British stand that the protocol merely acknowledges that North Borneo was within British sphere of influence, and in International Law, this is not a mode of acquisition, either of territory or of rights of sovereignty. If by the protocol, Great Britain had acquired sovereignty or dominion over North Borneo ,there would have been no necessity for the transfer of sovereignty right in1946 between the British North Borneo Company, as transferor, and the British crown as transferee, under the North Borneo Cession Order of July 10, 1946.

The argument has been put forward that by the Protectorate Agreement of 1888, the British Crown acquired sovereignty over North Borneo. We beg to disagree. We do not see how this Protectorate Agreement, viewed in the light of the 1878 contract, can possibly divest the Sultanate of Sulu of the latters sovereignty or dominion. On the contrary, after 1888, the British North Borneo entered into a Confirmatory Deed with the Sultanate of Sulu, thereby confirming and ratifying what was done in 1878. And we hold the view that far from repudiating the lease into a Contract of 1878, The British North Borneo Company, said to be under British protection, confirmed and reiterated in 1903 the existence of the lease that year, and all through the years, rule out the interpretation sought to be attached to the Protectorate Agreement of 1888. We hold the view that the United States Government recognized the Sultanate of Sulu and flatly reject the contention that the United States Government refused to recognize in its existence under the Carpenter Agreement of 1915, the Sultan of Sulu agreed to relinquished its temporal powers over Sulu, but retained his sovereignty over North Borneo. As Governor Carpenter pointed out in clear language, in a communication to the Director of Non Christian Tribes on May 4, 1920. It is necessary, however, that there be clearly of official record the fact that the termination of the temporal sovereignty of the Sultanate of Sulu within American territory is understood to be wholly without prejudice of effects as to the temporal sovereignty and ecclesiastical authority of the Sultanate beyond the territorial jurisdiction of the United States Government especially with reference to that portion of the Island of Borneo which as dependency of the Sultanate of Sulu is understood to be held under lease by the chartered company which is known as the British North Borneo Company. And as American Governor General Francis B. Harrison made even more explicit.: It is true Governor Carpenters contract of Treaty with the Sultan of Sulu of 1915 deprived the Sultan of his temporal sovereignty in the Philippine Archipelago but this did not interfere with Sultans status of sovereignty over British North Borneo lands. It is in the context of these statements that the 1930 Convention, referred to in the argument, should be considered. The United States never purported to succeed to North Borneo and could not possibly cede or waive anything in favor of the British Crown. We would like to stress the point that the British Crown is barred from contending that the British North Borneo Company could acquire dominion or sovereignty over North Borneo. The British Foreign Minister; Lord Granville , stated very clearly in and answer to Dutch and Spanish protects that: ..the territories will be administered under the suzerainty of the Sultan of Brunei and Sulu, to whom they (Overbeck and Dent) have agreed to pay a yearly Tribute..The British Government assumes no sovereign rights whatever in Borneo. To the same effect is the speech of the Prime Minister ; Mr. William Gladsone, in the debates In the House of Commons. This is a matter of official record. On the basis of the above considerations, it is clear that the British government declared that the crown did not acquire rights of dominion of sovereignty over North Borneo, that the British North Borneo

Company merely acquired grants of territory and powers of Government were delegate by the Sultan of Sulu, and that sovereignty remains on the Sultan of Sulu to whom yearly tribute was paid by the company. In reference to the argument, that the Sultan of Sulu lost sovereignty or dominion by virtue of the Treaty of Capitulation with Spain on July 22, 1878, we desire to emphasize that the British Government is stopped from raising this point . The British Government has always asserted that Spains control over Sulu and its dependencies was merely nominal that Spanish clam were merely paper claims and that sovereignty remains in the Sultan of Sulu. (Correspondence of 1881-1882) The British Government cannot now repudiate its own assertion. Moreover, North Borneo was not included in what was surrendered to SpaIn, namely La Isla Jolo y Sus Dependecias Much reliance has been placed on the Protocol of 1885, under which the Spanish Government said to have renounced claims of territories administered by the company, known as the British North Borneo Company. We cannot see how this would strengthen the British Minister of State of Foreign Affairs had both formally announced that sovereignty over Sabah remained vested in the Sultan of Sulu. As time goes by on April 22, 1903, the further payment of three hundred US dollars a year, Sultan Jamalul Kiram II, the last of the Sultans signed with the British North Borneo Company, supplementing the 1878 agreement for which were not originally listed there in but those islands clearly belong to within 31,106 square ,miles. The $5,000 annual payment that has been made religiously was faithfully paid by the British North Borneo Company to the Sultan of Sulu to the period of 1936 during which Sultan Jamalul Kiram II died on June 07, 1936. On the same year, Dayang Piandao Barrarudin a.k.a Dayang Paindao Kiram who is an adopted daughter of Sultan Jamalul Kiram II from his second wife Hadja Aminah; who is the widow of Sultan Jamalul Kirams brother (Datu Barrarudin) and who after the death of his husband got married to Sultan Jamalul Kiram II and other eight beneficiaries of the Administration paper granted to them by Judge Macaskie beyond the knowledge of the real and rightful Heir to the Throne: Sultan Julaspi Kiram, who holds the Last Will and Testament and the Proclamation Letter issued to him by his father; Sultan Jamalul Kiram II. Sultan Julaspi is the one and only son of Sultan Jamalul Kiram from his wife Dayang Dayang Masnunah. In the year 1959, Sultan Jamaluls immediate family headed by Putli Tarhata Datu Atk alyas Putli Tarhata Kiram wanted to sell the Sultanate of Sulu to President Roosevelt of the United of the United States of America. Sultan Julaspi came out in the open, he opposed the plan of the family, so the selling did not materialized. It was then that the life of Sultan Julaspi became endangered. Everyone in the family wanted to eliminate him. A concern relative of Sultan Julaspi Kiram from Bangi Island, Sabah by the name of Tun Mustafa Harun and his wife came to Sulu upon hearing the family feud between Sultan Julaspi and his relatives. He brought Sultan Julaspi Kiram to Sabah leaving behind his wife and children in Sulu. After a year, in 1961 the people of the Prime Minister Tunku Abdul Rahman headed by Hadji Mohammad Nur Omar and Hadji Fauji went to Sulu and fetched the wife and children of Sultan Julaspi Kiram together with the 28

followers of the Sultan. They travelled to Sabah escorted by the Prime Ministers men. While in Sabah, the family of Sultan Julaspi was maintained by Prime Minister Tungku Abdul Rahman. While Tun Mustafa later became the Governor of Sabah. Sultan Julaspi and family were well maintained in Sabah with a promised that Sultan Julaspi will become the first Agong of Malaysia with an agreement that he; Sultan Julaspi will allow the incorporation of Sabah to Malaysia. Sultan Julaspi believed and waited for the promised of the Prime Minister until such time British joined Sabah to Malaysia in 1963 and still Sultan Julaspi did not opposed to the decision of the British because he was then still waiting for the promised of the Prime Minister to proclaimed him as the First Agong of Malaysia. Sultan Julaspi even signed an agreement with Malaysia for the incorporation of Sabah to Malaysia renewable every ten years. Tun Mustafa kept the said agreement and Sultan Julaspi was never given a copy of it. There are three historical factual conclusions regarding these events. First, the United States Government officials did know , as anyone else know would, that the undertaking of 1878 between the Sultan of Sulu and British North Borneo Company was a lease and not a sale. Second, the Sultan of Sulu; Sultan Rodinood M. Julaspi Kiram retained full sovereignty rights and authority over the Sultanate. Third, the Sulu Archipelago had become by virtue of the Carpenters Agreement , was part of the United States Territory. The Carpenter Agreement was never ratified by the United States Government, thus, when the U.S. Government granted independence to the Philippines on July 4, 1964 the U.S. Government seemingly gained rightful reason to claim Sabah. The British Government from the very beginning knew the status of the North Borneo relative to the British North Borneo Company was done unilaterally. The British Crown claiming that the original undertaking of 1878 was an outright sale, a very clear of LAND GRABBNG. This was an act following the dictum Power is Might. He who holds the sword makes the rule. The historical truth finally emerged. First, a photostatic copy of the Deed of 1878, which the British continued to fail to show, was found by Eduardo Quntero in the National Archive. The British cessation order was never based on the deed. The Deed was only a lease and not a sale. This provision so states..the rights and powers hereby leased shall not be transferred to another nation, or company of another nation, without the consent of their Majestic Government. The struggle to recover North Borneo (now Sabah) is sole responsibility of Sultan Hadji Rodinood M. Sultan Julaspi Kiram and the Philippine Government can only extend assistance to the Sultans effort to regain sovereignty over the land. That the photostatic copy of the Deed was obtained by the United States from the British Government and later on forgot about its copy and allowing the United kingdom to a to annex, unilaterally. In 1948, Great Britain organized the nine states into the federation of Malaysia, which became independent in 1957. From 1948 to 1960, the Federation was rocked by a communist uprising that was finally put down with the British Military Assistance. Singapore, Sarawak and North Borneo to become the Eastern Federation of Malaysia in order to avoid a communist take over of Singapore. Sabah achieved its independence from Britain by becoming a part of Malaysia.

In 1961, Malaysia Prime Minister Tunku Abdul Rahman suggested organizing a Malaysian State by adding Singapore, Sarawak, Sabah and Brunei. Two years later, on September 1963, the Federation of Malaysia was established. Sabah was also granted their independence this date within the Federation of Malaysia. Meanwhile, Brunei decided not to join and Singapore left the Federation and became an independent State on august, 1965. In 1987, Sultan Julaspi Kiram sent a demand letter through his emissary Datu Nasser for the payment of the Lease rental on the North Borneo territory to the Malaysian Prime Minister. The stipulated amount is $280 million USD. The leased expired in 1978. The matter was referred to the Deputy Prime Minister; Deputy Prime Minster Datuk Musa Hitam, who reported informed Nasser that the Malaysian government is willing to pay on the condition that the Sultan would sign another 100 years lease. Such proposal was not accepted. The current and illogical exploitation of the minerals and natural resources of Sabah by Malaysia continue under the administrative authority and is now estimated to be in excess of 1.5 billion USD annually. The above State, that Malaysia knows they do not own Sabah for they would not want to negotiate and just renew its lease. SUMMARY This brief and legal history of Sabah shows its legitimate ownership through gift and cessation of Heirs. Sultan Rodinood wants to as soon as possible terminate the self-imposed duty of administering authority given by the United Kingdom to Malaysia during the organization of the newly created Federation of Malaysia. This also shows the legitimated Heir in power and his authority regarding the Sultanate of Sulu . Not one shed of evidence that ever been produced indicating a sale transfer of ownership or gift to any persons, entities or nations of the territory of the Sultanate of Sulu. The Reigning Sultan of Sulu, His Majesty Sultan Hadji Rodinood Sultan Julaspi Kiram is the rightful Her, who wants to be responsible to his people. Accepting the administration aspects of a new government under his own leadership for his people. He also wishes to appoint qualified persons to carry out the administrative responsibilities of the Sultanate. You are going to help him achieve his long sought goal of his Sultanate by being recognized by the United States and becoming a new member of the family of the nations. United Nations, as well as being release permanently from the administrative authority the Sultanate is now under. This British North Borneo did not grant or assume and have dominion or sovereignty over these territories. It recognized the grant of territory and the powers of government made and delegated by the Sultan in whom the sovereign remain vested. The chartered could not have passed the same power because it never received them, to the Federation of Malaysia when it was created in 1963 but apparently, it did. The Reigning Sultan wants to uphold the principles of self determination of all his subjects and his nation. His desire is to be recognized and restored his rightful position as the owner of Sultanate of Sulu. In addition, his desire is to promote the realization of the right self determination of his people, which has not been evidence by the current administrative authority. He also wants the responsibility for the administration of his sovereign territory so he can ensure the direct participation of the indigenous

population. Sultan Hadji Rodinood S.J. Kiram is now preparing for complete self government independence. The Sultan is very aware of the increasing conflicts among his people, resulting from their being denied of the freedom of achieving economic independence for themselves. While other neighboring third world war nations are beginning to achieve the lower ranges of the middle living standard. His Highness recognizes that his people, as other people throughout the world, ardently desire the end of colonialism in all its manifestations. The exploitation of the natural resources of his country continues without benefit to his people. Not one bit of evidence has been noted that has changed the living standard of his Sultanate. The people may for their own ends, freely dispose of their natural wealth and resources without prejudice. This is not the case at all, the Sultanate resources are being stolen to the enormous sum which exceeds 1.5 billion USD annually. The Sultan of Sulu welcomes the emergence in the recent years of independent territories into freedom and independence.