Illegal Migration of Filipinos on Kota Kinabalu, Malaysia: What would Govern? Municipal or International Laws?

“Observe good faith and justice toward all nations. Cultivate peace and harmony to all.”

-George Washington [1]

As the great first president of the United States of America (USA) explained, with sincerity, candor and fairness, good connections and relations between and among nations could be established. A nation or a state should live upon such characteristics in order to develop harmonious relationship among others. In that manner, a smooth rhythm of relationship among statehood would exist. However, even how much effort a state would conduct to maintain such strong bond with other states, sometimes such connections are bruised by the actions of its people.

For quite some time, there had been territorial disputes between the Philippines and Malaysia, specifically with regard to the area of Sabah [2]. Both states do have their own sets of evidence to support their claims. In the present days, both Filipinos and Malaysians live together in some parts of the disputed territory. For those Filipinos who had been there for a long time and established their lives there, they had already changed their citizenships. Majority of the Filipinos who had been staying there were from Mindanao. Having the same culture and religion made them blended with the locals with ease. But in the area of Kota Kinabalu, a number of Filipino migrants are said to be staying there illegally [2]. For what is happening, the relation between the Philippines and Malaysia is considerably affected.

There are strict distinctions between the essences of municipal law and international. But former Justice Isagani Cruz explained that the most common distinction that could be given two both is that: Municipal Law covers are sets of commands, rules and regulations coming from someone above going to the bottom, thus, giving a vertical chain of commands. While International Law are sets of treaties and agreements that covers among participating nations or states without having anyone above but equally considered, thus, giving a horizontal distribution of such [3]. For the issues covering the illegal migration of Filipinos in Kota Kinabalu, Malaysia, what would govern such actions? Would it be the disputing municipal laws or the accepted international laws [4]?

 

[1] http://www.brainyquote.com/quotes/authors/g/george_washington.html

[2] http://www.sharnoffsglobalviews.com/philippine-sabah-085/

[3] http://www.sayangsabah.com/en/permanent-committee-on-illegal-immigrants-to-be-established/

[4] Cruz, I. (2003). International Law. Quezon City: Central Law Book Publishing Co., Inc.

[5] Magallona, M. (2005). Fundamentals of Public International Law. Quezon City: C&E Publishing, Inc.