Well, actually Malaysia apparently stopped paying in 2013. I say “apparently” because 1) we haven’t seen an official document stating such and 2) who the heck are the Sulu Royal Family anyway?
Sigh… Complicated history. And one involving the British Empire. Whenever the British Empire is involved, everything turns complicated real quick.
Again, Malaysia stopped paying this “Cession Money” in 2013:
Malaysia has stopped paying the cession money of RM5,300 a year through lawyers representing the nine heirs of the Sulu Sultanate since 2013, says Foreign Minister Datuk Seri Hishammuddin Tun Hussein.
Malaysia stopped paying cession money to Sulu Sultanate in 2013
We did not pay to the Philippines government. That letter from our PH embassy is addressed to “Fuad Abdullah Kiram I” – the younger brother of Sultan Mohammed Mahakuttah Abdullah Kiram, the last Sultan of Sulu officially recognised by the Philippine government. And given how we’ve sent an official document, Malaysia also recognizes this person.
We may not necessarily recognize their current claims.
Firstly, is it rent?
These are microfilm copies of the original 2 treaties written in Malay using Jawi script.
On the left is the first concession treaty between Sultan Abdul Momin of Brunei on 29 December 1877, appointing Baron de Overbeck as the “Maharaja Sabah, Rajah Gaya and Sandakan”.
On the right is the second concession treaty that was signed by Sultan Jamal ul-Azam of Sulu on 22 January 1878 appointing Baron de Overbeck as “Dato Bendahara and Raja Sandakan”.
From the right side we get the translated section:
sudah kuredhai pajakan dengan keredhaan dan kesukaan kita sendiri kepada tuan Gustavus Baron von Overbeck yang tinggal dalam negeri Hong Kong dan kepada Alfred Dent Esquire yang tinggal dalam negeri London... sampai selama-lamanya sekalian perintah dan kuasa yang kita punya yang takluk kepada kita di tanah besar Pulau Borneo dari Sungai Pandasan di sebelah barat sampai sepanjang semua tanah di pantai sebelah timur sejauh Sungai Sibuku di sebelah selatan.
According to Malaysia, Malaysia is paying a “cession fee”, not a rental fee:
http://jurnalmelayu.dbp.my/wordpress/wp-content/uploads/2016/07/7Sulu.pdf
Sorry, this article is in Bahasa Malaysia. It is an account of Malaysia’s position vis-a-vis the “North Borneo Dispute”.
If we translate the word “pajakan”, we usually get “lease” or “rental” (Malay-English). But back then, “pajakan” meant something else – or so we, Malaysians, say. 🙂 Take note that, even today, the word “pajakan” can mean different things depending on who is speaking – a Malay, a Sulu, an Indonesian. Pajakan (or padjakan) can also mean “pawn” – but I find this interpretation a little flimsy.
We might argue that we have conveniently taken the British’s interpretation of “pajakan” via Najeeb Mitry Saleeby:
Sure, why not. Malaysia includes Sabah (and Sarawak) despite the lack of a formal referendum (in those two states) prior the formation of the federation. Though many might argue this point as a counter-point 🙂 I know I would.
Another important feature of the concession agreement is “sampai selama-lamanya” or “in perpetuity”. Or “forever more” if we want to be romantic. That is, until we stopped in 2013.
Secondly, who exactly are the Sulu Royal Family?
They are a legit house! Recognized by the Philippine government.
WHEREAS, the Government has always recognized the Sultanate of Sulu as the legitimate claimant to the historical territories of the Republic of the Philippines; WHEREAS, the Government has the obligation to assist in the confirmation of Sultan Mahakuta Itiram as the 29th Sultan of Sulu succeeding his father, the late Mohammad Ismael Kiram.
Memorandum Order No. 427, s. 1974 | GOVPH
Lastly, an armed challenge against the sovereign nation of Malaysia
On February 11 2013 :
About 200 armed Filipinos, followers of Jamalul Kiram III, the self-proclaimed Sultan of Sulu, entered a town in Lahad Datu district of Malaysia’s Sabah state on February 11, sparking an ongoing conflict with Malaysian security forces that has tensions running high on both sides of Sulu Sea.
The Royal Army of Sulu Invaded Sabah, Malaysia
It is not clear when exactly the payments are made and if the cessation of payments is what drove these people to invade Lahad Datu.
I have to give it to the Sulu Royal Family. They have got balls to shed blood with their invasion. I absolutely respect this despite still condeming this as an absolutely wrong act.
It is still a fact that capturing and holding territory by force is a legitimate way of carving out a sovereign state… back before WW2. Since the formation of the United Nations, it is no longer quite as easy to just cut up some land and create a nation – Israel is probably the singular exception.
EDIT 16-OCT-2020: Careo Can in the comments points out this is not a good example because Mandatory Palestine was not a “sovereign state” the way Malaysia is today. It was a geopolitical entity that was a “colony” administered by the British Empire (and French, there is a story happening between Colonial Powers and the Ottoman Empire).
It is just that… 200 hundred odd people versus a modern Malaysia? Not going into the details of our armed forces but that’s still a rather tall order.
IMHO, Malaysia was being rather polite to recognize the 1877 treaty up until 2013. That was very nice of us to do that but at the end of the day, Sabah is a Malaysian state. But unfortunately, or fortunately, the current Sulu Royal Family does not have the power to enforce any claims. This dispute has severe implications for both Malaysia and Philippines and I sincerely hope we do not get into a war over a treaty from over 200 years ago.
I’m pretty sure there are other similar treaties where a modern government paid some sort of fee on a treaty from the medieval ages. This 1877 Treaty is probably one of the more interesting treaties recognized in our modern era. Technically history now.
The great news is: the United States is not trying to spin propaganda about the Sulu Royal Family’s or the Sulu People’s “Human Rights”. Because the incident can be seen as a seccession movement. As a Malaysian, the 2013 incident / invasion was an act of terrorism.
Source : Quora Quotes of Roy Goh