Strike on the Philippine terrorists a success, extradite Sulu Sultan to Malaysia!

A Nuri helicopter departing for Kampung Tanduo to take part in an air offensive against the terrorists holed up there. Bernama pic



NO CHOICE: Police, military unleash massive offensive against terrorists

LAHAT DATU: SECURITY forces successfully launched a major offensive at daybreak yesterday on Sulu terrorists following a 21-day stand-off that had left eight policemen dead and triggered panic in Sabah's east coast.

In a never-before-seen offensive, security forces yesterday unleashed a massive strike involving the police and the military on Kampung Tanduo near here, where the terrorists were holed up.

While the number of deaths among the terrorists following the strike, codenamed Ops Daulat, was not immediately known, what was obvious was the tremendous support shown by Malaysians for this course of action.

Malaysians had run out of compassion for this band of terrorists as numerous efforts undertaken by the governments of Malaysia and the Philippines to end the stand-off peacefully, were ignored.

Some 2,000 security personnel from the armed forces and police were deployed yesterday in a 2km area in Kampung Tanduo after airstrikes. There were no reports of casualties from the Malaysian side.

Morale among the security forces was high, despite the fact that they lost eight of their comrades in clashes with terrorists several days ago.

Just after the strike, Prime Minister Datuk Seri Najib Razak, delivering an emotionally-packed speech at a gathering of Islamic scholars in Bukit Jalil, was firm when he spoke of their resoluteness in protecting Malaysia's sovereignty.

Najib, with a pained look as he narrated the grief he felt when meeting the widows of the policemen, also expressed his frustration that the terrorists had not heeded calls to withdraw and avoid bloodshed.

It was a tough call, but one that "as the leader of the government", Najib had to make.

The 16,000-odd crowd applauded in approval when Najib said the time for diplomacy had ended.

Nobody could have mistaken that as a show of arrogance. It was simply an endorsement that as the leader of the country, he was doing what needed to be done.

While some opposition leaders had politicised the issue, there were those who also threw their support behind yesterday's action.

Even Kelantan Menteri Besar Nik Abdul Aziz Nik Mat, an ardent critic of the government, supported the move, urging Sabah folk to remain loyal to the country and not help the terrorists.

Yesterday, three weeks after the Sulu gunmen landed on our shores, Malaysia and the Philippines agreed that they be labelled "terrorists".

This was decided at a meeting between Foreign Affairs Minister Datuk Seri Anifah Aman and his Philippine counterpart, Senator Albert F. del Rosario.

Anifah also asked that action be taken against the self-proclaimed Sultan of Sulu, Jamalul Kiram III, for inciting hatred and violence against Malaysians.

Yesterday's strike, however, is not the end of the issue.

Residents are afraid of reprisals by the terrorists but in a joint media briefing, the defence and home ministers assured Sabahans that they would always be protected.

Malaysia can extradite so-called Sulu Sultan 

 
Wanted: Jamalul speaking to the press in Manila as he affirms his sultanate’s claim to Sabah. — AFP

 

PETALING JAYA: Malaysia can seek the extradition of self-proclaimed Sulu Sultan Jamalul Kiram III from the Philippines to face the law over the intrusion into Sabah, legal experts said.

They said Malaysia’s arrest and extradition of Moro National Libera­tion Front leader Nur Misuari to the Philippines in 2001 following a request by that country had set a precedent for cooperation in dealing with such cases.

Muslim Lawyers Association of Malaysia Datuk Zainul Rijal Abu Bakar said the culprits, including those based in Philippines such as Jamalul Kiram, needed to be brought to Malaysia to face criminal charges of waging war against the Yang di-Pertuan Agong, an offence under the Penal Code that is punishable by death upon conviction.

“Our sovereignty has been challenged and while Malaysia wanted to avoid bloodshed they started firing, triggering action which resulted in our security personnel dead, which means there is no more room to forgive them,” said Zainul.

He added that since Jamalul Kiram did not directly take up weapons in Malaysian territory, he could be investigated for abetting to wage war, which also carries the death penalty upon conviction.

International Islamic University Malaysia (IIUM) Associate Professor Shamrahayu A. Aziz said the charge could be used against the culprits even if they were not Malaysian citizens because what mattered was where the crime was committed.

“It is also possible for Malaysia to request the extradition of a person who is not in our country if we can prove that the instructions came from him or that he instigated or incited the actions,” she said.

Emeritus Professor of Law at Univ­er­s­iti Teknologi Mara Prof Datuk Shad Saleem Faruqi said many Sections in Chapter 6 of the Penal Code could be used against the culprits.

He said Malaysians in Lahad Datu, who had given protection to the intruders, could also be charged under Section 125A of the Act, which makes it an offence to harbour any person in Malaysia or a foreign country who is at war or considered hostile against the King.

In addition, Shad Faruqi said the culprits could also be charged under the newly included Section 6A of the Penal Code, which deals with offences relating to terrorism.

On the possibility of the Philippines requesting to Malaysia to send its naval ships to offer assistance, Prof Dr Aruna Gopinath from Universiti Pertahanan Nasional Malaysia said it must only be done after obtaining an agreement from the Malaysian Government.

“If there is an offer from them to want to help or monitor then they must wait for an agreement from us, they cannot just sail here unilaterally as that would be trespassing,” she said.

In an unrelated development Raja Muda Azzimudie Kiram, the brother of the self-proclaimed Sulu Sultan Jamalul Kiram III, is believed to be alive and well even after the attack.

“He (the Raja Muda) is still alive,” the sultanate’s spokesman Abraham Idjirani told The Star in a phone interview from Manila.

“I spoke to him yesterday (Tuesday) morning and he said he and the troops were still in Sabah and still in good condition”.

However, Idjirani admitted he had not heard from Azzimudie since then but claimed he was “definitely okay”.

“The Malaysian security forces attacked an area that the Raja Muda and his troops had long since vacated. There are only four injured men, but they are all safe.” he said, referring to the Malaysian security force’s assault on the intruders in Lahad Datu early yesterday morning.

Sources: Asia News Network

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The former Sulu Sultanate, a foreign problem in history that became Sabah's

AP In this March 1, 2013 photo, Sulu Sultan Jamalul Kiram III, centre, whose brother Rajamuda Kiram, along with more than 200 of their "Royal Army" followers has occupied a Malaysian village since February 9, joins a protest outside the Blue Mosque at the suburban Taguig city, east of Manila.

IT is too easy to dismiss the Lahad Datu standoff as typical of Sabah’s labyrinthine intrigue.

That would trivialise the rich history and cultural diversity of the state, besides mistaking a largely Philippine problem as being Sabah’s.

True, anywhere else in Malaysia with a significant Tausug population deriving from the former Sulu Sultanate’s diaspora, like the Klang Valley, would be unlikely to experience the drama of the past couple of weeks.

But none of the events in Kampung Tanduo, near Lahad Datu in eastern Sabah, was predictable or inevitable. The former Sultanate occupied only a small portion of Philippine territory and an even smaller portion of Sabah’s.

And yet, the peculiar combination of north-eastern Borneo’s demography, geography, history and political heritage provides a probable backdrop to just such a standoff. How did it all begin this time?

On Feb 9, nearly 100 Philippine nationals, several of them armed, arrived by boat to join a smaller group that had arrived earlier. They took over the village, claiming the area belonged to the Sultanate that they said they represented.

They also demanded recognition as the Royal Sulu Sultanate Army, as well as a meeting with an unnamed Malaysian leader. Malaysian authorities rejected both demands.

They further said they had come in support of Sabah’s Tausug population, alleging reports that following a Royal Commission of Inquiry into Sabah’s illegal immigrant communities, Tausugs would be deported.

Many locals would be surprised by the claim. Sabahan-Malaysian Tausugs, who prefer to be called Suluks, have long settled comfortably among Sabah’s three dozen or so ethnic groups.

Filipino Tausugs who arrived later as migrant workers, clinging more closely to their “Tausug” roots, may face a different reality. But ethnic persecution hardly if ever surfaces in Sabah because of, not despite, its rich cultural diversity.

The annual lease payment of RM5,300 agreed in 1903, increased from RM5,000 agreed in 1878, was also said to be insufficient. Others said the territory should be returned to the late Sultan’s descendants anyway.

Although British and Sulu versions of the 1878 agreement differed slightly, the Sulu version was clear enough: “… hereby lease of our own free will and satisfaction … all the territories and lands … forever and until the end of time, all rights and powers which we possess over all territories and lands tributary to us …”

Both the Philippines and Malaysia would rather do without such disturbances that serve only as irritants to bilateral relations. As modern nation states, both countries have evolved well past an extinct sultanate.

But there are also differences.

For Malaysia, the sovereignty and territorial claims of the former Sultan’s descendants are simply unacceptable. No such claims are negotiable.

The claimants argue that the sultanate’s territory had been leased only to Britain, with no agreement on incorporation into Malaysia. But their case is inconsistent.

Sabah, the former North Borneo, became a British protectorate from the late 19th century until it became a crown colony. It gained a brief period of independence before becoming part of the Malaysian Federation in 1963.

By then, the Cobbold Commission had determined that a majority of people in Sabah and Sarawak favoured the formation of Malaysia. For a century the former Sultan’s descendants did not retake territory, but instead agreed to continue accepting the lease payment under the previous arrangements.

The Philippine government, which subsumed the sultanate’s authority in the four provinces of Mindanao, also took over the role of pressing the claim to Sabah. Despite being a republic that had abandoned all royal authority, Manila continued with the claim before, during and after Malaysia’s formation.

Although the Philippine claim has since become dormant if not extinct, Manila found it difficult to renounce it. It has become an object of nationalists eager to strike populist postures in domestic Philippine politics.

The issue has a different spin among the Moro or Philippine Muslim community in Mindanao, of which Tausugs are a part. Despite Malaysia’s key role in peace talks between the two main Moro separatist groups and the Philippine government, both groups are not necessarily in Malaysia’s corner.

The MILF (Moro Islamist Liberation Front) disagreed with the takeover of Kampung Tanduo, saying negotiations should have been the way. This wrongly presumed that the issue was negotiable for Malaysia.

The MNLF (Moro National Liberation Front) is an even more enthusiastic supporter of the armed intruders. But it should be more mindful of the implications involved.

Since the former sultanate covered the Philippine provinces of Basilan, Palawan, Sulu and Tawi-Tawi in the ARMM (Autonomous Region of Muslim Mindanao), and only an eastern part of Sabah, followers of the former Sultan should first settle differences of territorial authority with the MNLF and the MILF before venturing into Sabah. They should also settle differences with Manila over such issues as hegemony, usurpation and compensation.

Both the Philippines and Malaysia, as sovereign states that had subsumed and developed beyond the Sulu Sultanate, have successfully concluded various agreements bilaterally and multilaterally. Those agreements confirm mutual acceptance of their respective statehood in their present configuration.

Besides, the former Sultan and his descendants had consented to the terms of the agreement in return for the lease payment. So long as payment is still made, they are obliged to continue abiding by the agreement.

That would make any unilateral attempt to retake territory by force of arms illegal and unjustified. Whether Malaysia will seek to prosecute after a resolution of the standoff is another matter.

Behind The Headlines by BUNN NAGARA

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