By Gloria Jane Baylon
The information and public relations drive for a better grasp of the dispute over the internationally-referred Scarborough Shoal, alternatively called “Panatag†and “Bajo de Masinloc†by the Philippine government and the “Huangyan Dao†by the Chinese government has gone full swing on both sides.
Following the Chinese embassy’s primer-style of presenting its side to the media, the Department of Foreign Affairs (DFA) on Wednesday matched the format, with the title “Philippine Position on Bajo de Masinloc and the Waters Within its Vicinity.â€
On the whole, DFA’s assertions focused on the geographical technicality of Bajo de Masinloc, Spanish for “under Masinloc,†which are rock features and not an island.
The name Bajo de Masinloc, so termed in 1792, itself identifies the shoal as a particular political subdivision of the Philippines, according to DFA. Old colony-era maps of the Philippines includes Bajo de Masinloc in their configuration, DFA said as it named the sources.
First, DFA countered the Chinese embassy’s assertion that Bajo de Masinloc was never referred to by at least three international treaties that defined Philippine territory as we know it today, including the Treaty of Paris of 1898 wherein Spain ceded the Philippines to the U.S.
DFA also asserted that its sovereignty over the rocks are not based on the proximity principle of the UN Convention of the Law of the Sea or UNCLOS, as put forth by the Chinese embassy.
There are other principles of international law on which Philippine sovereignty is anchored, according to the DFA. “In the case of Bajo de Masinloc, the Philippines has exercised both effective occupation and effective jurisdiction over Bajo de Masinloc since its independence. “
It said: The rock features of Bajo de Masinloc are Philippine territories.
“The basis of Philippine sovereignty and jurisdiction over the rock features of Bajo de Masinloc is not premised on the cession by Spain of the Philippine archipelago to the United States under the Treaty of Paris. The matter that the rock features of Bajo de Masinloc are not included or within the limits of the Treaty of Paris as alleged by China is therefore immaterial and of no consequence,†it continued.
This is what China said: “The Philippine territory is set by a series of international treaties, including the Treaty of Paris(1898), The Treaty of Washington(1900) and the Treaty with Great Britain (1930), none of which ever referred to Huangyan Island or included this island into its territory.
â€Until 1997, the Philippine side has never disputed China's jurisdiction of and development on Huangyan Island,†the embassy said. “On the other hand, the Philippines indicated on a number of occasions that Huangyan Island was beyond its territory.â€
In insisting that Huangyan Island is Chinese territory, the embassy pointed out that “it is China that first discovered this island, gave it the name, incorporated it into its territory, and exercised jurisdiction over it.â€
Bajo de Masinloc, an extension of the municipality of Masinloc in the western Philippine province of Zambales, is an integral part of the Philippines, being 124 nautical miles west of Zambales, according to DFA. It asserts that the disputed area is “within the 200 nautical-mile Exclusive Economic Zone (EEZ) and Philippine continental shelf.â€
It describes Bajo de Masinloc as “a ring-shaped coral reef, which has several rocks encircling a lagoon.†It is not part of the also-disputed Spratlys, which is further down south under Palawan’s administration.
The shoals chain of reefs and rocks is about 124 NM from the nearest coast of Luzon and approximately 472 NM from the nearest coast of China. Bajo de Masinloc is located approximately along latitude 15â°08’ N and longitude 117â°45’E. The rocks of Bajo de Masinloc are situated north of the Spratlys.
â€Obviously therefore, the rocks of Bajo de Masinloc is also within the 200 NM Exclusive Economic Zone (EEZ) and 200 NM Continental Shelf (CS) of the Philippines.â€
â€Although the Philippines necessarily exercise sovereign rights over its EEZ and CS, nonetheless, the reason why the rock features of Bajo de Masinloc are Philippine territories is anchored on other principles of public international law (and not the UN Convention on the Law of the Sea—UNCLOS),†DFA asserted.
DFA explained that a Philippine navy aircraft on maritime patrol in the shoal and enforcing the country’s Fisheries Code, spotted eight Chinese fishing vessels anchored at the Bajo on April 8.
So on April 10, the surveillance ship “BRP del Pilar†rushed to the scene and its personnel boarded the Chinese vessels. Endangered giants clams, sharks and corals were found in the compartments.
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