National Bookstore shows nationalism

 

New China-made educational globe an affront to Philippine sovereignty.

The Philippine’s largest bookstore should be lauded for living up to its name by showing nationalism in withdrawing Chinese-made globes showing Beijing’s claims to most of the South China Sea from its shelves.

This was announced by Foreign Affairs spokesman Raul Hernandez when he issued a statement, saying, “The National Bookstore has withdrawn all the educational globes, which reflect China’s nine-dash line encompassing the South China Sea, from its stores.”

“It has taken a patriotic position to proactively support the Philippine government in advancing Philippine foreign policy objectives,” he added.

Unfortunately, when the globes were displayed, the bookstore management was not aware of the changes made, which could only be construed as a willful dissemination of ‘misinformation’ and blatant disregard for the sensibilities of Filipinos by China.

It will be remembered that China’s “nine-dash line” outlines its claims to virtually all of the South China Sea, even waters close to the Philippine shores and that of its neighbors in the region.

The Philippine government last month took China to an arbitration panel under the United Nations Convention on the Law of the Sea (UNCLOS) — a 1982 treaty signed by both countries — to demand that it declare China’s claims invalid.

Phl brings South China Sea dispute to UN

 

South Shina Seas territorial claims

Not foreseeing the desirable solution the country wants in its territorial dispute with China in the South China Sea, Foreign Affairs Secretary Albert del Rosario finally handed a diplomatic note to Chinese Ambassador to the Philippines Ma Keqing, notifying Beijing of the country’s decision to have the contentious issue decided by the tribunal of the U.N. Convention on the Law of the Sea (UNCLOS).

“On numerous occasions, dating back to 1995, the Philippines has been exchanging views with China to peacefully settle these disputes. To this day, a solution is still elusive. We hope that the arbitral proceedings shall bring this dispute to a durable solution.” Del Rosario lamented.

It has been a long time, and even as del Rosario claims that the Philippines “has exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement” of the territorial spat, still China continues to make an indisputable claim to almost the entire South China Sea, including the country’s claimed territories in the West Philippine Sea.

So acrimonious China’s claim is and has been that not only has it printed a map of the disputed West Philippine Sea on their newly issued Chinese e-passports, but to prove it, it has already been encroaching and occupying structures built on submerged banks, reefs and other elevations that are considered part of the Philippine continental shelf or the international seabed.

And so, the country’s complaint before the UN also demands China “to desist from unlawful activities that violate the sovereign rights and jurisdiction of the Philippines under the 1982 UNCLOS.

While going to the UN for help may seem to be our last option for settling the dispute, I don’t think any favorable decision by the tribunal will be binding as well for China.

The tribunal, according to international law experts, does not contain provisions “on how to decide the competing sovereignty claims in the West Philippine Sea.”

While the UNCLOS has a compulsory settlement provision that mandates parties to peacefully negotiate disputes, it also has Clause 298 that allows a party to “opt out” from mandatory settlement.

It will be noticed that China has, time and again, maintained its disagreement with settling its territorial issues using UNCLOS or in any international tribunal. It said that the dispute may only be resolved through direct negotiations between concerned parties.

This is why China, in its response to del Rosario’s moves, said, that a request by the Philippines for a U.N. tribunal to intervene in its longstanding South China Sea territorial dispute with China would only complicate the issue, and denounced the country instead of “illegal occupation” of islands in the Western Philippine Sea.

China supports talks, but only on a bilateral basis with the countries directly involved, as previously agreed on by China and members of the Association of Southeast Asian Nations (ASEAN).

Until the Philippine government goes higher to the international tribunals like the International Court of Justice and the International Tribunal on the Law of the Sea, there will always be China displaying its dominion over the whole of South China Sea.

Talking about an elusive solution!

 

Thank God for Benham Rise – Part II

 

Benham Rise is 2,000 to 5,000 meters deep

The first part was written on August 16, 2011 with the title ‘Philippines pin hopes on Benham Rise’.

After submitting and defending a claim before the UN commission in 2008 for the 13-million hectare area off the coast of Aurora in Luzon, by virtue of the UN Convention of the Law of the Sea’s (UNCLOS) definition of the continental shelf as “the seabed and subsoil of the submarine areas that extend beyond its territorial sea” up to 370 km (200 nautical miles) from the archipelagic baseline, a reply from the UN was received asking the government to answer some questions before formally approving our claim through a resolution intended to be passed in 2012.

Perhaps the defense was articulately argued and the answers to the questions, convincing, that it made Benham Rise the Philippines’ first successful validation of a territorial claim under UNCLOS.

Finally, Benham Rise is legally ours! Thank God for Benham Rise!

Fortunately, unlike Scarborough Shoal or the Panatag Shoal and other portions of the South China Sea, no other country claims the area that is almost a quarter bigger than the 10.5-million hectare Luzon.

UNCLOS, incidentally, is the same UN convention the Philippines is invoking in its ongoing dispute with China over Scarborough Shoal.

“We own Benham Rise now. This is for future Filipinos,” Department of Environment and Natural Resources (DENR) Secretary Ramon Paje said.

Indeed it is. I may never see it explored and developed in my generation, but it feels good heading towards the sunset years of my life that the succeeding generations faces a brighter future.

According to experts Benham Rise keeps a large amount of heavy metals like manganese, whose accumulation into manganese nodules can help in the production of steel, among other things.

Considering the area is a seabed, which is known to contain gas hydrates, Benham Rise is also potentially a rich source of natural gas, according to them.

What I can only hope and pray is that, from here on, we shall continue having leaders and public servants who has the interest of the nation and the welfare of the people over and above their own hidden personal and political agendas.

 

Scarborough Shoal and Tiangong-1 space laboratory

 

The Scarborough Shoal and the Tiangong-1 space laboratory are two extreme topics that are worthy of our attention – we Filipinos.

Worthy of our attention because it is all about China – the same giant nation laying total ownership of the whole of South China Seas, including the sovereignty dispute the Philippines is having with them on the Scarborough Shoal, which is much, much nearer to the country, being within its 200-nautical mile exclusive economic zone (EEZ) based on the United Nations Convention on the Law of the Sea (UNCLOS).

It is also showing now how insignificant we are compared to their global status, not only militarily and economically, but technologically as well, after the recent success of China’s ambitious space mission where their Shenzhou-9 spacecraft carrying three astronauts docked with the orbiting Tiangong-1 space laboratory. The crew includes 33-year-old Liu Yang, an air force pilot and China’s first female astronaut.

This achievement makes China the third country to complete a manned space docking, following the United States and Russia.

The Tiangong-1, which was launched last year, and which is said to be of the size of a bus, is due to be replaced by a permanent space station around 2020. That station is to weigh about 60 tons, slightly smaller than NASA’s Skylab of the 1970s and about one-sixth the size of the 16-nation International Space Station.

The reason why I am bringing these two extreme topics to our attention is because, while the Chinese are finding success in their space exploitation, the more that they will strive to be successful in their exploitation of the seas, which includes their claim of the whole of South China Seas, to the prejudice of our claims to some of the islands that we feel rightfully ours because of its proximity.

Clearly, it is lunacy to go into an armed conflict with China.

But, small and weak as we are, the Philippine government should be brave and determined enough to seek help from the international community in our battle to win the territorial dispute with China over some areas in the South China Seas or the West Philippine Seas, which we see belonging to the country by virtue of the UNCLOS.

 

China shuns diplomatic solution on shoal dispute

Enclosed the red line are the disputed areas in the South China Sea

How else would one interpret the latest Chinese declaration over the highly disputed Scarborough Shoal or Panatag Shoal or what Beijing calls Huangyan Island, when this economic giant and military bully ignores the sovereign rights of a small, struggling, nation and claims the whole South China Sea (West Philippine Sea) and what is underneath it as its territory by virtue of historical grounds and that it won’t never go to court to settle the matter?

A declaration of hostilities, sort of, isn’t it?

Is this the way to settle territorial disputes in the 21^st century by intimidation, provocation and military muscle flexing instead of using diplomatic approach as the appropriate and rational way of settling issues that has to do with sovereign rights?

The court referred to here is the International Tribunal on the Law of the Seas (ITLOS) in Hamburg, Germany, where the country feels would be the real arbiter for such a contentious issue.

The Philippines insists that the shoal belongs to the country simply because of its extreme proximity to Zambales, which is 220 km only, compared to 840 km from the nearest coast of China in Hainan province.

Yet, China wants that the Philippines should “fully respect China’s sovereignty” and with a threatening tone even said that the Philippine government must “commit to the consensus we reached on settling the incident through friendly diplomatic consultations, and not to complicate or aggravate this incident so that peace and stability in that area can be reached.”

Is this saying that China is giving the Philippines an ultimatum?

If China has historical proof to show that the contested shoal is part of their territory, then why can’t they agree to show it to the whole world or bring it to the ITLOS? Why swiftly reject the proposal of the Philippine government that the dispute be resolved by the UN-backed ITLOS?

On the other hand, what the Philippines will bring to the ITLOS, with or without Chinese representatives, are old maps of the ‘Archipelago Filipino’ dating back to Spanish colonial times showing that “Bajo Scarburo,” the shoal now called Panatag by the Department of Foreign Affairs (DFA), is a constituent part of Sambalez (now Zambales province).

Senator Edgardo J. Angara, who has a collection of ancient maps of the country said that the maps would easily disprove the territorial claim of China to the shoal and its surrounding waters, which in the first place do not show any historical or legal grounds under the United Nations Convention on the Laws of the Sea (Unclos).

“It’s clear that Scarborough Shoal is part of our cartography during the Spanish colonial times,” he said. “We have maps (reproduced) from the original, which was made in 1734. During that time, Scarborough is already part of the Philippines.”

An 1875 map was the “product of the most comprehensive mapping and charting work in the Philippines lasting more than 20 years (1849-1870).”

Angara said the original maps were deposited at Spain’s Museo Naval de Madrid.

The question now is: If this testament to our ownership of the shoal is not honored by China, what will stop them from disembarking on our territory and stripping us of our dignity?

Let us be pragmatic about it. We need help. We can’t stand on our own. We need the support of the world community before this part of the world becomes a flashpoint.

ASEAN should be a force to reckon with

Member nations of ASEAN

The Association of Southeast Asian Nations (ASEAN) is a group of ten member countries that was organized to encourage political, economic, and social cooperation in the region for the good of each country and the welfare of their people.

According to ASEAN’s guiding document, the Treaty of Amity and Cooperation in Southeast Asia (TAC), there are six fundamental principles members have to adhere to and they are:

1) Mutual respect for the independence, sovereignty, equality, territorial integrity, and national identity of all nations.

2) The right of every State to lead its national existence free from external interference, subversion or coercion.

3) Non-interference in the internal affairs of one another.

4) Settlement of differences or disputes by peaceful manner.

5) Renunciation of the threat or use of force.

6) Effective cooperation among themselves.

From these fundamental principles one will immediately notice that the ASEAN is devoid of any military alliance. The organization is simply anchored on economic grounds.

Having said that, while member nations has respect for one another’s sovereignty, each member also demands that nations outside of their organization must also recognize their dominion over their lands and whatever else that belongs legally to them.

It is in this context that as the whole world is seeing how China is flexing its military muscles with impunity in the South China Sea or the West Philippine Sea, as the government has come to call it, specifically in areas where the Spratly group of islands (south of the Phl)and the Scarborough Shoal or Panatag Shoal (north of the Phl) are located, the Aquino government is asking the ASEAN to take a stand on the dispute with China over territorial claims as other member nations have also a stake in some parts of the contested region.

While we are claiming only that which the UN Convention of the Law of the Sea (UNCLOS) guarantees as within the 200 nautical miles Exclusive Economic Zone (EEZ), China’s argument, however, is that the whole of the West Philippine Sea is theirs on the basis of [its] nine-dash line claim, using a historical record.

China's historic nine-dash claim

The nine-dash claim is China’s delineation of its territory in the South China Sea, with nine dashes on the map that enclose all of the Spratly archipelago, parts of which are claimed by the Philippines, Brunei, Malaysia, Vietnam and Taiwan.

But, how could, for instance, China include in its claim the Scarborough Shoal, a protrusion of reefs lying north of the Spratlys and only 120 km off Zambales province on the western coast of Luzon? How could it be theirs when it is even less than the 200 nautical miles EEZ as prescribed by UNCLOS when it talks about the country’s continental shelf?

If China is claiming a solid mass that close to our shore, what will stop China from claiming Palawan later on?

It is for this reason that the ASEAN, as a group of respected nations with equally respected and competent leaders, should come out supportive of our claim and united and forceful in condemning the aggression and expansionist role China is playing in the region of the South China Sea, for if it could happen to us, it could, without doubt, happen to them, too.

The Philippines is thankful for Foreign Secretary Albert del Rosario for spearheading this move and for standing by his argument that ‘abiding by the rules set by the United Nations Convention on the Law of the Sea is the legitimate way of dealing with conflicting territorial claims in the disputed waters.’

ASEAN must show China that even without military alliance it remains a force to be reckoned with.

The Scarborough Shoal standoff

Viewing the Chinese maritime surveillance ship

Much has been written about the standoff between a Philippine Navy (PN) ship, the BRP Gregorio del Pilar (PF-15), and a couple of Chinese maritime surveillance ships identified as Zhonggou Haijian 75 and Zhonggou Haijian 84 which came to the rescue of the eight Chinese fishing vessels when the former was about to arrest the Chinese fishermen.

This incident happened after a PN surveillance plane found the eight Chinese fishing boats anchored inside the Scarborough Shoal on April 8.

Continued monitoring was done of their presence and since there was no sign of them going anywhere, the PF-15 was deployed from Palawan to Northern Luzon, specifically in the Scarborough Shoal area, to continue conducting their maritime patrol, especially in the wake of this worrisome report of a Chinese intrusion in Philippine waters.

Standoff site

In the morning of April 10, the BRP Gregorio del Pilar, in accordance with the established rules of engagement, dispatched a boarding team to inspect the fishing vessels and collect photos and other evidence of their catch.

“The inspection team reported that large amounts of illegally collected corals, giant clams and live sharks were found inside the compartments of the first fishing vessel that was boarded by the PN team,” the Department of Foreign Affairs (DFA) said.

To this day it remains a wonder what else the rest of the vessels may have contained. Why? Because the PN troop never came to apprehend any one of the Chinese intruders, much less detain any of their vessels, nor unloaded any of their cargo. It was then that the two Chinese surveillance ships appeared and maneuvered to be between the PF-15 and the poachers in a clear sign of utter intimidation and provocation.

There is really nothing much we can do but cry ‘foul”. We don’t have the muscle nor are we in any position of strength to stop any intrusion by Chinese fishing vessels from happening again.

Even our strongest argument that the Scarborough Shoal or Panatag Shoal, as the Philippine government calls it, is an integral part of the territory, it being within the country’s 200-nautical-mile exclusive economic zone, acknowledged and supported by international law, is not being listened to by the Chinese government.

China’s contention is and has always been that the Scarborough Shoal or Huangyan Island as they refer to it, and all of the South China Sea, even waters close to the coast of other countries and hundreds of kilometers (miles) from its own landmass are theirs, historically.

We are not only incapable of defending our waters and our sovereignty militarily, but how can one win an argument when your basis for the claim, the modern United Nation Convention in the Law of the Sea (UNCLOS) is not respected  because what should settle the issue is the centuries-old history?

So, where do we go from here? No where really. Will the same problem crop up again in the future? Absolutely!

The latest on this issue is that while the PH-15 was pulled out for food replenishment and refueling, it has been reported that the Chinese fishing vessels, including the surveillance ship, had already left the shoal, perhaps heading home or poaching some more, somewhere.

Whether it was a result of diplomatic talks that the intruders left or they were forced to leave by the Chinese government, and to hell with how the Philippine government reacts, the fact remains that we have more to lose and nothing to gain by fighting a Goliath.

Prudence remains a better option for a poor and weak nation.

But, shall we forever be a victim of the bullying tactics of the Chinese military power and allow our honor to be violated time and again?

The bigger question in fact is: When push comes to shove, will the U.S., with whom the Philippines has a mutual defense pact, come to our aid or will the country’s closest ally will leave us high and dry?

Philippines pin hopes on Benham Rise

 

Benham Rise off the Eastern coast

Thank goodness Benham Rise is found at the coastal region of Isabela and Aurora provinces in the East and not somewhere in the West where China’s nine-dash line lay claim to almost all of the West Philippine Sea (South China Sea).

What am I talking about?

Well, Benham Rise is an undersea region that was between 40 and 2000 meters below the waterline when it was discovered in 1933 by an American geologist surnamed Benham.

The Philippines is now claiming the area after having proven that it is indeed part and, in fact, an extension of the country’s eastern continental shelf.

The UN Convention of the Law of the Sea (UNCLOS) defines the continental shelf as “the seabed and subsoil of the submarine areas that extend beyond its territorial sea” up to 370 km (200 nautical miles) from the archipelagic baseline. An extended continental shelf goes farther than 370 km.

“We have submitted a claim under (UNCLOS) sometime in late 2008. We got a reply from the UN lately (asking us) to answer some questions. They intend to pass a resolution sometime in mid-2012 to approve our claim (that it is) part of the Philippine continental shelf,” Environment Secretary Ramon Jesus Paje said, in a statement, after the Department of Environment and Natural Resources (DENR) formally submitted its proposed P16.99-billion (US$40 million) budget for 2012 to the Senate finance committee.

According to Paje the area being claimed could translate to a gain of 13 million hectares in additional territory, an area slightly smaller than Luzon, should the United Nations decide favorably on it

What is very encouraging and promising is that studies conducted by the DENR for the past five years indicate large deposits of methane in solid form. This observation was confirmed by the National Mapping Resource Information Agency, which also reported the existence of solid methane.

Paje said gas deposits in the area would enable the country to achieve energy sufficiency.

This development prompted Sen. Franklin Drilon to say that once the UNCLOS establishes that Benham Rise is part of the Philippines, “we would have legal basis to enter into exploration agreements with private companies to explore…(the area’s) resources.”

Drilon added that a favorable UNCLOS declaration would mean “increasing our territory from present 30 million hectares to possibly 43 million” with the inclusion of Benham Rise.

 

West Philippine Sea dispute

 

Recto Bank (Reed Bank) in Western Philippine Sea

This blog is in relation to President Benigno Aquino’s State of the Nation Address (SONA) 2011, where he made a bold and empathic gesture about the West Philippine Sea (WPS) dispute, saying: “Our message to the world is clear: what is ours is ours. Setting foot on Recto Bank is no different from setting foot on Recto Avenue.”

The occasion, the venue, which was in the august presence of senators, congressmen, the magistrates, government officials, the diplomatic corps and cabinet members in the halls of congress and the declaration were all what PNoy needed to make his posturing known.

But, how strong and mighty are we really as a nation in pursuing our sovereignty over the Recto Bank in the WPS against a nation that is becoming the next world power in the truest sense of the word?

No amount of military boats and planes and other armaments acquired from the U.S. can ever tip the balance to our side against a giant of a nation, which has little regard for the International Tribunal for the Law of the Sea, an independent judicial body established by UNCLOS, the United Nations Convention on the Law of the Sea.

China is not just interested in the WPS and what it has underneath.

China, which has interest in the whole of South China Sea and has not mince words in claiming it, is justifying its assertion based on “historic rights.”

What China wants is that the South China Sea dispute should be resolved through direct negotiations between the concerned countries.

Seems like this is how the future looks in this part of the world. This is the reality the Philippines has to face.

For what more can be done really when Chinese garrison has been erected and established in the area, like putting all the surrounding small claimant nations on hand-cuffs. We should have questioned China’s insidious actions and intentions a long time ago.

So today we say “what is ours is ours.”

But, tomorrow, when push comes to shove, I can guarantee that all we can say to this mammoth intruder of a nation is: “what is ours is yours, too.”

Alas!

China’s wisdom is arrogance in disguise

 

Disputed South China Sea

China has reportedly told the Philippines and Vietnam to use “diplomatic wisdom” to resolve tensions in the South China Sea, amid criticisms from the two claimant countries that Beijing was being increasingly aggressive in its claim of the region.

“It takes diplomatic wisdom from China, from Vietnam and from the Philippines to make sure that our differences will be contained, well-managed and we will be able to not allow the differences to affect our relationship,” Chinese Vice Foreign Minister Fu Ying told his Hong Kong audience, recently, in his speech on “China’s peaceful development and international environment.”

It must be remembered that China, the Philippines, Vietnam, Brunei, Malaysia and Taiwan have overlapping claims to parts of the South China Sea, which is believed to have vast oil and gas deposits, while its shipping lanes are vital for global trade.

It must also be noted that Vietnam and the Philippines have in recent months accused China of taking increasingly aggressive actions in staking its claims.

It was not so long ago that President Benigno Aquino has accused China of inciting at least seven incidents, including one in which a Chinese vessel allegedly opened fire on Filipino fishermen.

And in May, Vietnam said Chinese marine surveillance vessels cut the exploration cables of an oil survey ship inside Hanoi’s exclusive economic zone.

Where is the “diplomatic wisdom” that the Chinese official is talking about here, when China continues to remain firm in its claims to most of the South China Sea, even waters within Vietnam and the Philippines’ economic exclusion zone?

Where is “diplomatic wisdom” if China continues to bully the small, poor claimant nations with their intimidating presence, as if we are not sovereign states in our own rights?

Is wisdom borne out of being powerful, both militarily and economically?

Is it this kind of wisdom that makes China think that what they are is doing is right,   just and wise?

Or is it this kind of wisdom that translates to nothing but an excessive display of arrogance?