Sabah's invaders from the Philippines only flog a dead horse!

EVEN though foreign insurgents make a historical claim to Sabah, the facts of history refute it.

AS Malaysian troops and police continue mopping-up operations to flush out straying remnants of the Lahad Datu standoff, partisans on both sides trade emotive claims and insults.

Analysts, meanwhile, weigh the terms in historical documents like “rent”, “lease” and “cession money” to determine Sabah’s actual status. But not only are these documents read differently in translation (English and Sulu), the terms are also interpreted differently.

It makes more sense to focus on the events and circumstances of history. The known facts reveal at least 16 reasons why the Filipino Sulu claim to Sabah is unwarranted and unworthy of consideration.

First, today’s Philippines as a modern nation state and a republic by definition abrogates a former sultanate whose territory it occupies and whose sovereignty it denies.

The Republic of the Philippines has no claim to Sabah of its own. The on-off claim, originating from Sulu sovereignty made by certain quarters, is only a private matter of some revisionist individuals.

The second reason is that the Sulu Sultanate no longer exists, since there was no provision even for a constitutional monarch. Any claim requires a claimant and the property/territory in question, whether anyone else has effective control and ownership over it.

If the claimant or the territory does not exist, the claim cannot stand. The insurgents and their leader Jamalul Kiram III are only pressing a notional claim, since they cannot represent a defunct entity.

Third, there is no agreed rightful heir to the last Sultan of Sulu, even if an heir were to press the claim. Jamalul’s claim to be that heir is disputed by nearly a dozen other hereditary “royal” personages.

Another reason for rejecting his claim to Sabah comes with denial of his claim to the throne: 10 other “heirs” had renounced all claim to Sabah in 2007. Nine did so in a signed statement, and Rodinood Julaspi Kiram II in a separate declaration.

It does not matter whether Jamalul was among the nine. If he was, he had unlawfully reneged on the signed agreement, and if he wasn’t, he is outnumbered and is challenged 10 ways.

Fifth, when Spain took over the Sulu Sultanate as part of the Philippines, it left North Borneo (Sabah) in British hands. Spain disrupted the Sultanate by removing 18-year-old Sultan Jamalul Kiram II in 1886, replacing him with a rival, only to “reappoint” him six years later.

Britain made North Borneo a protectorate in 1888. Under Spain, the Philippines and most of the Sulu Sultanate with it were going in one direction, while North Borneo and the British went in another.

Eventually, the sultanate was divested of political and administrative powers until it exercised authority only over religious matters. No effective, functioning sultanate existed any more.

Sixth, the death of Sultan Jamalul Kiram II in 1936 saw no successor, since he died childless. His younger brother and anointed successor, Mawalil Wasit, died the same year before he was crowned.

Thus ended the Royal House of Sulu’s lineage. After Spain passed the Philippines, including the territory of the former sultanate (excluding North Borneo) to the United States, the US officially abolished what remained of the sultanate in 1936.

Eighth, the British North Borneo Company also ceased payment to the sultanate that year, indicating that the business sector had considered the 1878 agreement voided. (Payment later resumed only after relatives of the deceased sultan brought the matter to court.)

Ninth, President Manuel L. Quezon of the (then) Commonwealth of the Philippines declared in 1936 that Jamalul Kiram II was the last Sultan of Sulu. To emphasise the point, Quezon said the Philippine government would no longer recognise a Sulu Sultanate.

Britain had been exercising increasing proprietary moves over North Borneo, earning two rebukes from the US (1906, 1920). Britain ignored those reminders and annexed North Borneo in 1946, turning it into a crown colony.

Whatever the moral issues there, it again spelled the end of any vestige of Sulu royalty. For London, it was a justifiable move since it had taken over all the legal obligations of North Borneo.

Tenth, there was no question later (in the 1960s) about Sabah having to obtain independence from Britain. This underlined the fact that Britain was the sole governing authority up to that point.

Then as Sabah’s independence and the Cobbold Commission’s findings led to the scheduled formation of Malaysia on Aug 31, 1963, agitation flared from the Philippines. The date was postponed to Sept 16, such that Sabah was an independent entity for 16 days, ending any remaining claim from an extinct sultanate or the Philippines as belonging to it.

Twelfth, the very act of freely becoming part of the Malaysian federation negated all further claims on the territory by foreign partisans. The new state of Malaysia in its present form is recognised in all international organisations, including the United Nations and Asean, of which the Philippines is also a member.

Although former President Marcos tried to retake Sabah in the 1960s, the claim was later abandoned. At the Second Asean Summit in Kuala Lumpur in 1977, Marcos declared that the Philippines was taking concrete steps to end the claim.

Later, as Marcos’ rule clearly became a dictatorship, he made Punjungan Kiram “interim sultan” for Sulu. But this candidate ran off to Sabah, preferring to be a Malaysian instead.

Marcos then “appointed” Punjungan’s son Jamalul Kiram III successor to a non-existent sultan. This instigator of Lahad Datu is not only a dubious candidate since he is not the son of a sultan, but his claim to authority comes from a discredited and ousted dictator of a republic.

Not least, when President Corazon Aquino’s post-Marcos government planned a new Philippine Constitution in 1987, Malaysia lobbied for wording to end the disturbing claim to Sabah for good.

This would replace “historical right or legal title” with “over which the government exercises sovereign jurisdiction” (i.e. the status quo), which was accepted after the third reading in Congress.

So for Philippine citizens to invade Sabah to lay claim to it clearly violates their country’s Constitution. President Benigno Aquino III’s prosecution of these criminals is fully in accordance with the law.

It is also said that no rightful Filipino claim to Sabah exists because as a country, it had not consistently engaged in the activities of a de facto power there. Not only that, there has also been no consistent Filipino claim to Sabah.

Behind The Headlines by BUNN NAGARA

Related posts:

Sulu history and the Chinese

The former Sulu Sultanate, a foreign problem in history that became Sabah's   
The Sultan of Sulu reclaims eastern Sabah, MNLF among invaders 
Stop paying quit rent to Sultan of Sulu, it’s time to close the chapter   
Filipinos’ Sulu militant group in Sabah must leave Malaysia today

Information innovator

Information technology (IT) is all about innovation. Vish Iyer can’t agree more.

Mobility, social media and big data are all hot-button topics. Cloud computing frees up people from the desk, so an IT system can be managed even on the road. “For a bank, it could be payment via Internet banking or mobile phone,” says the high-flying corporate executive, dapper in a light purple shirt.

Vish Iyer: 'There is no advantage in having 20 or 30 years of experience unless you are ...very merit-driven and work-driven'.



“For an insurance company, it could mean enabling an agent to get quotations and conduct transactions on his or her mobile.” For an airline, pilots no longer carry huge bags with heavy operating manuals. “We put that on an iPad,” he adds.

Few would believe the president for Asia Pacific at Tata Consultancy Services (TCS) has neither training in IT nor a background in engineering. He learns by doing.

Born and raised in Kolkata around the time when India’s first computer arrived, Iyer graduated from St Xavier’s College, one of the city’s best-known educational institutions with a major in taxation and economics.

Now the head of the largest service provider in the Asia-Pacific region based in Singapore, he manages 10,000 employees in 13 countries including Australia, Japan, China and South Korea.

The 45-year-old Indian company, whose clients include Microsoft and ING Group, is the provider of IT services and business solutions, with a turnover exceeding $12 billion and market capitalization of $45 billion on the Bombay Stock Exchange.

It is part of the Tata group, India’s largest conglomerate in seven sectors including communications, engineering and energy, with a revenue of more than $100 billion in the fiscal year 2011-12.

As a certified accountant, Iyer moved on from the financial field to other areas including human resources, marketing, strategy, mergers and acquisition. “I have been a chief financial officer many times,” he tells China Daily Asia Weekly at the TCS Hong Kong office.

But that didn’t stop him from venturing into new fields after three and a half decades. Midway through his career, he moved into a new-born industry in India.

His rationale is: “What matters is how you put your basic training to use and how you quickly learn from the surroundings. You can do anything as long as you have a will to do it, and you are determined to work hard enough.”

He spent a decade at IBM, where he was director of corporate development. IT has since become his longest stint.

He has witnessed the birth of the industry along with the ups and downs. “The IT industry is very fascinating. Every two to three years are completely different. In that sense, everybody got to continuously learn,” he says.

In the IT world, experience doesn’t necessarily give you an edge over the younger generation. Two-thirds of the company’s workforce has about three years of experience and the average age of a TCS employee is just 28.

“There is no advantage (in) having 20 or 30 years of experience unless you are … very merit-driven and work-driven,” Iyer says.

“This is the industry across the world (where) everything looks the same. There is no different standard in the US or Japan. Once you are inside IT, it is the same. It talks the same language and (has the same) quality level.”

The capability to locate young talent matters for the industry. To Iyer, the Chinese mainland not only has a staggering domestic market but also vast trained manpower resources.

TCS is among the first Indian companies to enter the Chinese mainland as the first wholly-owned foreign enterprise. The IT consultancy commenced its operations in Shanghai in 2002, then established a development center in Hangzhou in Zhejiang province in October of the same year. Its banking products are used by Bank of China in more than 40 provinces.

Iyer sees the potential to substantially increase China’s TCS workforce from its current number of 3,000 people, as the company’s sales growth in China outpaces that in the Americas. TCS now has relations with 20 colleges in China.

“Our business is all about people,” he says. “At the end of the day, we need to find out where are these talents available for serving our customers. China is very important from that point of view — as a pool of talent. It’s equally important for the size of the economy, too.”

“We are very bullish about China,” he said in a previous interview. “Its full potential has not yet been harnessed … We’re looking to leverage its position as an innovation center and a hub for the Northeast Asia region.”

TCS has started to provide a ground-breaking cloud-based service that enables smaller banks and credit unions to establish their own Internet, mobile and ATM facilities by paying a monthly fee. “A village bank need not have an IT department, but the same technology that empowers a (central bank) is now available to small and medium enterprises.”

The TCS pioneer project has found a home in the world’s second largest economy. iCity or the Intelligent City, utilizes smart technologies and collective intelligence to improve a city’s livability and sustainability.

These cities will be built on cloud infrastructure that makes them easy to run. Every citizen will own a personalized information page for health records and blood pressure measurements and even get health alerts and doctors’ advice.

Imagine buildings that glean energy from the sun and rain, reducing energy consumption, and embedded software in cars and traffic poles that automatically monitor local traffic. At the same time, healthcare and consumer services are dispensed to citizens at home, saving time, cost and valuable resources.

An iCity project in southern China’s port city of Guangzhou is slated for a soft launch later this year. More blueprints are on majors’ drawing boards in first- and second-tier Chinese cities, including Tianjin, Ningbo and Chengdu.

“The Indian IT industry over the last 20 years has done exceedingly well,” Iyer says. “Works of best quality are from this industry. There (has been) a lot of proud achievements — so it’s an exciting place to be in.”

But when asked about the most exciting moment in his life, the president’s answer has surprisingly nothing to do with his career. “The day when my daughter was born, and when I was holding her in my hands,” he says, with a gentle smile.

“Lots of people talk about work-life balance. I think each person has to find that balance himself … Family influence is a strong support for the profession I pursue, so there are no conflicts or contradiction.”

Looking back, Iyer has been with his two children — his 23-year-old daughter and 18-year-old son — through every important step of their life. “I (accompany) them through every exam, drop them off and pick them up after classes, and consult their teachers for college admissions. As long as you enjoy it, you’ll find time for doing it,” he adds.

Technology has been the savior for this family man with a hectic business schedule with long hours of frequent travel.

“I am on the road 50 or 60 percent of the time. Each month, I am outside my hometown for 20 days,” he says. “My children have grown up with me spending a lot of time at work. But this is a world of Facebook, email and Skype. That’s what we do now,” he says.

What makes his day? Iyer answers professionally without a second of hesitation: “To satisfy a customer in a meeting.”

Then comes the personal bit: “Followed by a relaxing dinner with my wife.”

By jennifer@chinadailyhk.com 

Vish Iyer
President of Tata Consultancy Services (TCS), Asia Pacific

Career Milestones:
2010: Becomes president of TCS Asia Pacific
2008: Serves as CFO of global business operations at TCS
2006: Takes up post as head of corporate strategy at TCS
1996: Becomes director of corporate development at IBM Global Services
1991: Joins Tata Elxsi as executive vice-president

QUICK TAKES:
Hobbies:
Playing golf. The question is not how well you play but whether you enjoy the time. Whatever I do, I enjoy. It’s a great opportunity to meet people.
Business philosophy:
I always believe in ... simple communication with the customer and the employee. There is no point promising things that you cannot deliver. Whatever you promise, you deliver. Whatever you don’t deliver, you don’t promise.
If you were to do one thing differently in life?
I can’t think of one thing. I do things that I enjoy doing.
How to kill time on the road:
I spend a lot of time watching movies on the plane. My favorite stars are Jackie Chan and Amitabh Bachchan, who hosted India’s version of the game show Who Wants to Be a Millionaire?

Born: December 8 in a Year of the Snake

Chinese smartphone innovators shrug off Android dominance

Local firms elbowing in on smartphone market

In China's booming smartphone market, which overtook the United States as the world's largest last year, a host of domestic firms have innovation on the brain, especially as the industry is on pace for even greater growth.

Within minutes of going on sale online, Xiaomi Technology sold 2.5 million units of its M12 smartphone, which has specifications that, some say, exceed that of the iPhone and retails for less than half the price on the Chinese mainland.

Lei Jun, CEO of Xiaomi Technology Co., forecast that the company's sales would double this year. In 2012, the turnover of the company founded less than three years ago amounted to 12 billion yuan (1.93 billion U.S. dollars).

Chinese smartphone firms believe that long-term efforts in innovation are required in developing home-grown operating systems and are not concerned by the dominance of Android.

A report published by the China Academy of Telecommunication Research warned that Chinese companies may face commercial discrimination because the Android operation system -- what is deemed as a "core" technology -- is strictly controlled by Google.

The report, released on March 1, urged China's smartphone makers to develop self-innovated systems as the country lacks its own big name, with Android's supremacy in 97.7 percent of domestic smartphones.

Android's dominance is the market's choice, and its popularity is worldwide.By the end of 2012 in China, Google's Android took up 86.4 percent in the market and Apple's iOS 8.6 percent. Home-made systems account for less than one percent, statistics suggested.

Many industry insiders, like Lei, have faith in China's mobile phone market. Big names like Huawei, ZTE and Lenovo have elbowed their way in, hoping to grab a piece of the market.

Statistics from IDC, an IT company and market researcher, show that China's smartphone market could grow by as much as 44 percent this year, with total smartphone shipments approaching 300 million units.

A total of 67.21 million smartphones were sold in China in the fourth quarter of 2012, up 236.4 percent year on year, with domestic brands contributing to 77.9 percent of total sales, according to statistics from the China Academy of Telecommunication Research.

"Domestic makers made great strides in the smartphone market for their abundant manufacturing experience and the cheap prices favored by those using a smartphone for the first time," the report said.

Lenovo, a leading PC firm, emerged as the second-biggest smartphone seller, with 13.2 percent of China's market share last year, following the Republic of Korea's Samsung Electronics, which took a 17.7 percent.

Apple came in third, with 11 percent, and domestic companies Huawei Technologies Co. and Coolpad rounded out the top five, with 9.9 and 9.7 percent of the market share, respectively.

Yang Yuanqing, chairman of the board of Lenovo Group, said the company started developing smartphones and tablet PCs to compete with Apple in both domestic and overseas markets.

The company's star product, the Lephone, is a low-cost smartphone that industry insiders have hailed as a challenge to Apple's iPhone.

At the Mobile World Congress in January in Barcelona, there were plenty of Chinese domestic devices on show, ranging from those costing less than 1,650 yuan to high-end products valued at more than 3,000 yuan.

"We are providing products that cater to each level, from beginners to high-end consumers," Yang explained.

Lenovo's flagship product, the 3,299-yuan K800, boasts a 1.6 GHz Intel processor and a 4.5-inch screen. But it is still based on Android, an open-sourced, Linux-based operating system controlled by Google.

A report issued on March 1 by the China Academy of Telecommunication Research warned that Chinese smartphone makers may face commercial discrimination, as most domestic smartphones are over-dependent on the Android system.

Lenovo's Yang said Sunday that creating an operating system is not as difficult as providing an active platform on which people are encouraged to develop software.

"Developing a system that only offers tedious software development is useless," Yang said.

Yang, who is also a member of the National Committee of the Chinese People's Political Consultative Conference (CPPCC), said, "I am saying it is not impossible to develop a home-made operating system, as the future market is promising with China's homemade brands expanding their global influence."

Behind concerns about companies' over-reliance on the Android system, among others, is a lack of innovation -- the soft spot that has become apparent despite the country's neck-breaking development over the past three decades.

But innovation is not restricted to an operating system, according to Lei Jun, the Xiaomi CEO and a member of the CPPCC National Committee, who says the ways his company develops and markets its products are also innovative.

"Innovations we made included differentiated functionalities in response to various consumers' needs. This sort of innovation is not ground-breaking, but at least it is a breakthrough," said Lei.

Yu Wenqing, an industry insider with China Mobile Research Institute, gives these companies credit for putting a twist on existing technology.

"There were so called micro-innovations in those brands," Yu said, adding that China has to move step by step, as fundamental changes require great time and investment.

Chris Evdemon, a manager with Innovation Works, which invests in seed-stage companies to encourage innovation, called the "micro-innovations" a steppingstone for fundamental innovation.

These initiatives may inject fresh energy to the larger-scale, enterprise-driven innovation that the government is expecting. China has adopted a strategy of building itself up through the development of science and education and boosting the country's core ability to sustain innovation-driven development.

"Everyone has his own dream to pursue," Yang Yuanqing said.

Yang's dream includes seeing all Chinese people living well-off lives and enjoying dignity on the world stage.

"Also, Chinese enterprises will embrace worldwide recognition, not only for scale or sales, but for their capacities for innovation," he added. - Xinhua

China newly elected President Xi Jinping and Premier Li Keqiang

China has a new president. The National People’s Congress has elected Xi Jinping, General-secretary of the Central Committee of the Communist Party of China as the president. The 60-year-old Xi Jinping, is expected to lead the country for the next decade.

The handover of power, in the world’s most populous nation.

Xi Jinping is elected as President by nearly 3,000 deputies of the National People’s Congress. Congratulations from his predecessor Hu Jintao.

The NPC has given Xi Jinping the platform to lay out policies to build the “prosperous nation”, “harmonious society”, and “beautiful China”, which he describes in public appearances.

Xi Jinping: Man of the people, statesman of vision CCTV News - CNTV English

• Xi Jinping shakes hands with Li Keqiang  

VIDEO: LI KEQIANG APPOINTED CHINESE PREMIER CCTV News - CNTV English


Li Keqiang was endorsed as Chinese premier Friday morning at the ongoing session of the 12th National People's Congress (NPC), the country's top legislature.

Nearly 3,000 NPC deputies voted to approve the nomination of Li, by newly-elected President Xi Jinping, as the candidate for premier at the ongoing parliament session.



He has been the seventh premier since the People's Republic of China was founded in 1949, replacing Wen Jiabao who had headed the State Council since 2003.

Li, born in 1955 in Anhui Province, joined the Communist Party of China (CPC) in 1976 and graduated from Peking University with law and economics degrees.

After working as provincial leaders in Henan and Liaoning provinces, he was elected to the Standing Committee of the Political Bureau of the CPC Central Committee in 2007 and appointed vice premier in 2008.

Li was re-elected to the Standing Committee of the Political Bureau of the CPC Central Committee in November.

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Sulu history and the Chinese

Did you know that the Sulu people could have been Chinese nationals 250 years ago?

Sulu political relations and cooperation with China dated back to the Yuan dynasty (1278-1368). The Sulu missions convinced the Chinese to view Sulu as an equal of Malacca.

Since only foreign countries tributary to the Chinese court were allowed to enter Chinese ports, many countries or principalities in Malaysia sent tribute. Among these was Sulu. Sulu appears in Chinese sources as early as the Yuan dynasty (1278-1368), and a lengthy account of a tributary mission in 1417 from Sulu to the celestial court is recorded in the Ming Annals. Book 325 of the "History of the Ming Dynasty (1368-1643) of China," as abstracted by Groeneveldt, speaks of the Kings (Sultans) of Sulu as attacking Puni (Borneo) in 1368.

Trade with Sulu rule, European powers and the Japanese brought about the massive amounts of silver. Beginning in 1405, Emperor Yong Lo entrusted his favored eunuch Chinese Muslim named Zheng He as the admiral for a gigantic new fleet of ships designated for international tributary missions.

China’s First National Historical Archive, located in the Forbidden City of Beijing, preserves a very significant document presented by the Sultan of Sulu to the Qing emperor in the 18th century.  Dated August 1743, it is Sultan Mohammed Amirudin’s appeal to Emperor Qian Long to include the territory and inhabitants of Sulu as part of China. The document was translated into the Chinese classic language.

Qing Shi Lu, the historical annals of the Qing Dynasty, recorded the event in 1754.  It said that Qian Long denied the sultan’s request, although he did it diplomatically.

Had the emperor granted the request, then the history of Sulu would have been rewritten. (Najeeb Saleeby records in A History of Sulu "[Sultan Amirudin’s], that "Amirudin’s name is foremost in the memory of the Sulus partly because of his able administration and partly [because] he is the grandfather of all the present principal datus of Sulus." Sulu occupies a unique role in Philippine history. The island is the primary spot where Islam began to propagate. When the Spanish conquistadors colonized the Philippine Islands in 1565, they failed to take over Sulu until 1876.

Sulu also had unique relations with China. It had a rich tributary relationship with China since the early 1400s. Most of us are familiar with the story of Sultan Paduka Batara, who died in 1417 in Dezhou, Shandong province, on his way home to Sulu. This was the sultan’s first tribute mission. His heirs were left in China and are now well into their 21st generation.

At present, the special royal tomb of the sultan, which has two gates, is a huge compound with a mosque and impressive stone statues of horses, lions, grooms, rams, generals, and tortoise. 

The Chinese government has proclaimed the tomb to be under the state protection in January 1988 for its valuable and symbolic recognition of friendship between the Philippines and China.   “The Chinese local and national governments have alloted Sultan Batara’s Shrine a total of  one billion Chinese yuan or equivalent to seven billion pesos for the development, rehabilitation, renovation and construction of new buildings of the Muslim villages of the descendants of  Sultan Batara. The project is on-going and expected to finish in two or three 3 years, Tawasil said after the trip.

What we are unfamiliar with are the two "mosts" that Sulu boasts. First, it has the longest tributary relationship with China. Second, it sent the most numerous missions to China.   In all, 16 tribute missions journeyed to China, covering two dynasties and spanning 346 years—from 1417 in the Ming Dynasty to 1763 in the Qing Dynasty.

Other islands had sent tribute missions much earlier, such as Butuan in 1003, but these were few and lasted only a short time. The Butuan missions ended in 1011. More often than not, tribute missions to China were discontinued when the places were colonized by the Spaniards. That Sulu was able to continue its relations with China apparently has something to do with its independence from the Spaniards.  It had been acting as a sovereign state.

From this detail, we can surmise that China had no territorial ambitions toward the Philippine Islands.  Imagine, the Sultan of Sulu had voluntarily offered his territory as well as its people to China, and yet China refused the offer. Compared with the Spaniards and Americans who waged war from tens of thousands of miles away in order to occupy and conquer the Philippines, China was such a good neighbor.

Unfortunately, this historical fact is not well known among Filipinos, even in academic and historical circles.  The close relationship between Sulu and China can also be gleaned from the 420 documents compiled in Volume 2 of The Philippines: A Collection of Archives on the Relations Between China and Southeast Asian Countries in the Qing Dynasty. Of these, 73 documents contain materials about Sulu.  

Descendants of Chinese migrants are still in Sulu citing the current governor of Sulu Abdusakur M. Tan, who has a Chinese bloodline.

In barter trading, it is between Tausugs, Chinese, and Malaysians.

“There are only two types of foreigners who went to Sulu who did not wage war against the Moros – it is the Chinese and the Arabs,” Loong said, adding that “the Chinese entered Sulu through business ventures.” (Aileen A. Alam)

Souces and references:  BO GON JUAN waltokon.org; Neldy JoloTubagbohol.com, Aileen Alam http://zabida.com.ph/news/artist-tawasil-visits-sulu-sultans-tomb-in-china.html#.UUFTyVfgLHe

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

Sabah's invaders from the Philippines only flog a dead horse!

The Sultan of Sulu reclaims eastern Sabah, MNLF among invaders 
Stop paying quit rent to Sultan of Sulu, it’s time to close the chapter   
Filipinos’ Sulu militant group in Sabah must leave Malaysia today