Author Topic: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)  (Read 3579 times)

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'Walang batayan': PH hits China in Filipino FAQs on sea row

The Philippine Department of Foreign Affairs releases a Filipino primer on the maritime dispute 'to facilitate understanding by ordinary Filipinos'

Ayee Macaraig
Jan 08, 2015


FILIPINO PRIMER. The DFA launches a digital pamphlet on the West Philippine Sea to explain the maritime dispute to ordinary Filipinos. Screenshot of West Philippine Sea: Isang Sipat


MANILA, Philippines – “Ano ang batayan ng Tsina sa inaangkin nitong nine-dash line?”  (What is China’s basis for its 9-dash line claim?)

This is just one of the questions the Philippines’ Department of Foreign Affairs (DFA) asks and answers in a new primer on the South China Sea dispute tailor-made for one crucial audience: the Filipino masses.

The DFA launched on Wednesday, January 7, what it called a digital pamphlet titled “Ang West Philippine Sea: Isang Sipat” (The West Philippine Sea: An Overview), a 4-page explainer written purely in Filipino. (See full primer below.)

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The department said in a statement that the pamphlet aims “to serve as an accessible and comprehensible resource material” on the West Philippine Sea (WPS), the term Manila uses to refer to parts of the South China Sea that it claims.

The Presidential Communications Development and Strategic Planning Office (PCDSPO) helped the DFA develop the primer.

DFA Spokesperson Charles Jose explained that the pamphlet was written “to further facilitate understanding by ordinary Filipinos.”

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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“The current focus on the maritime disputes in the West Philippine Sea has made it clear that we need to foster the ‘archipelagic consciousness’ among our people,” Jose said.

“By understanding the fundamental link between our maritime heritage and our identities as Filipinos, we build the unshakable will to defend our maritime domain. That is the purpose of this pamphlet and all the other public diplomacy efforts we have been undertaking,” the spokesperson added.

In the pamphlet, the Philippines again accuses China of violating international law, questions the legal basis of China’s 9-dash line claim, and seeks support for its historic arbitration case against Beijing. (READ: Rough seas: Will PH 'lawfare' work vs China?, http://www.rappler.com/nation/77910-philippines-arbitration-china-analysis)

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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The following are the 8 questions the primer addresses:

1. Nasaan ang Karagatang Kanlurang Pilipinas o West Philippine Sea at bakit ito mahalaga sa akin bilang Pilipino?  (Where is the West Philippine Sea, and why does it matter to me as a Filipino?)

2. Anu-ano ang karapatang pandagat o maritime entitlements ng isang bansang tulad ng Pilipinas?  (What are the maritime entitlements of a country like the Philippines?)

3. Bakit may alitan kaugnay ng West Philippine Sea/South China Sea?  (Why is there a dispute over the West Philippine Sea/South China Sea?)

4. Ano ang inaangkin ng Pilipinas sa South China Sea at ano ang batayan nito?  (What is the Philippines claiming in the South China Sea, and on what basis?)

5. Ano ang batayan ng Tsina sa inaangkin nitong nine-dash line?
(What is China’s basis for its 9-dash line claim?)

6. Ano ang karapatan ng Pilipinas sa ilalim ng batas pandaigdig na nilalabag ng Tsina? (What are the Philippines’ rights under the international law that China is violating?)

7. Mayroon bang batas pandaigdig na nakasasaklaw sa alitan ng South China Sea?  (Is there an international law that covers the South China Sea dispute?)

8. Bakit naghain ng kasong arbitrasyon ang Pilipinas laban sa Tsina?  (Why did the Philippines file an arbitration case against China?)

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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The explainer includes maps and illustrations, and short descriptions of the maritime features the Philippines claims like Scarborough Shoal and Second Thomas (Ayungin) Shoal, using their Philippine names.

The pamphlet is just the latest effort of the DFA to use information and education to promote the Philippines’ maritime claims, and Manila’s historic arbitration case against Beijing. China has its own media offensive, and releases its own position paper with question-and-answer explainers.

The South China Sea is hotly disputed as it is a major shipping route, fishing ground, and is believed to hold vast deposits of oil and gas. Vietnam, Malaysia, Brunei, and Taiwan also claim parts of the strategic sea.

Jose recently told Rappler that the DFA is planning to include the West Philippine Sea in the elementary and high school curriculum, as the department continues its nationwide information drive on the issue.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79825.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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The South China Sea is hotly disputed as it is a major shipping route, fishing ground, and is believed to hold vast deposits of oil and gas. Vietnam, Malaysia, Brunei, and Taiwan also claim parts of the strategic sea.


EXPLAINING FEATURES. A screenshot of the DFA primer explaining the maritime features the Philippines claims. Courtesy: DFA, PCDSPO

Why care about the West PH Sea?

Before going into legal arguments and jargon, the DFA took pains to explain why ordinary Filipinos should care about the dispute.

Ang West Philippine Sea: Isang Sipat stated that the West Philippine Sea holds marine resources like corals, fish and oil that affect the Philippines’ economic growth, and environmental, energy and food security.

“Isang sentro ng yamang heolohiko (geological resources) ang karagatan sa kanluran at timog-kanluran ng Pilipinas. Napagtibay na ng agham na may malaking bukal ng langis, gas, at iba pang yamang mineral ang bansa, lalo pa sa bahaging Palawan/Pampang Recto (Recto Bank) ng WPS,” the primer stated.

(The sea in the south and southwest of the Philippines is a center of geological resources. Science showed that the country has a wealth of oil, gas, and other mineral riches, especially in the area of Palawan/Recto Bank of WPS.)

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79825.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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isoga uy.  mahadlok man sad ang mga wakang ani. ;D

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79825.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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The primer then explained the different maritime entitlements under the United Nations Convention on the Law of the Sea (UNCLOS), the treaty the Philippines uses to question China’s expansive sea claims. Both the Philippines and China are parties to UNCLOS.

These entitlements include the exclusive economic zone (EEZ), which provides a state the exclusive right to explore and exploit natural resources like fish and oil 200 nautical miles from its baselines.

The primer said that instead of abiding by UNCLOS, China insists on using its 9-dash line to assert “indisputable sovereignty” over the South China Sea.

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79825.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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It stated that the line overlaps with 80% of the Philippines’ EEZ and continental shelf, and those of Vietnam, Malaysia and Brunei.

“Walang batayan sa UNCLOS ang nine-dash line ng Tsina at hindi nakatutulong sa adhikain ng mga bansa na bigyan ng solusyong pangmatagalan at makabuluhan ang sapawan sa mga sonang pandagat,” the primer stated.

(China’s 9-dash line has no basis in UNCLOS, and it does not help the objective of nations to find a durable and meaningful resolution to maritime disputes.)

 
MARITIME ENTITLEMENTS. A screenshot of the DFA primer explaining the maritime entitlements under the law of the sea treaty. Courtesy: DFA, PCDSPO

Linkback: https://tubagbohol.mikeligalig.com/index.php?topic=79825.0
Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #10 on: April 16, 2015, 01:51:26 PM »

Why support arbitration?

The DFA also sought to explain its legal strategy of going to arbitration, which drew both support and criticism as legal and foreign policy experts debate on the implications of the Philippines’ move against Asia’s rising superpower.

The primer though said that many scholars support the Philippines’ tack of using international law to resolve the dispute.

It added that influential countries like the US, Japan, India, Australia, the European Union and the G7 bloc gave statements of support for the Philippine position.

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Republic Act 8485 (Animal Welfare Act of 1998, Philippines), as amended and strengthened by House  Bill 6893 of 2013--- violation means a maximum of P250,000 fine with a corresponding three-year jail term and a minimum of P30,000 fine and six months imprisonment

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #11 on: April 16, 2015, 01:52:19 PM »

“Patunay ang mga pagpapahayag na ito ng suporta na kahit maraming bansa ang hindi nagpapakita ng pagkiling sa mga isyung panteritoryo, sumusuporta pa rin sila sa pangkalahatang direksiyon ng polisiya ng Pilipinas sa usaping WPS.”

(These statements of support are proof that while many nations do not have a position on territorial issues, they support the general direction of the Philippine policy on the WPS.).

The DFA urged ordinary Filipinos to also support the move.

“Sa anumang alitan, pinakamainam na solusyon ang nakabase sa katuwiran, na siyang pagdedesisyunan ng isang partidong walang kinikilingan. Bago mahuli ang lahat, nagpasya ang Pilipinas na harapin sa hukuman ang Tsina, upang ipagtanggol at pangalagaan ang karapatan nito at ng mga susunod na salinlahi ng Pilipino.”

(In any argument, the best solution is one based on reason, that an impartial party will decide on. Before it’s too late, the Philippines decided to face China in court to defend and protect its rights, and the rights of the next generations of Filipinos.) – Rappler.com

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #16 on: April 16, 2015, 05:54:17 PM »

it would be great if this primer is translated into different languages and posted online as well.  surely the dfa can very well do that.

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #18 on: April 19, 2015, 06:39:20 PM »
U.S. Navy alarmed at Beijing’s ‘Great Wall of sand’ in South China Sea

By Simon Denyer April 1



A 2014 photo taken by surveillance planes shows a Chinese vessel being used to expand structures and land on the Johnson Reef at the Spratly Islands in the South China Sea. (Associated Press)

BEIJING — China is building a “Great Wall of sand” through an unparalleled program of land reclamation in the South China Sea, raising concerns about the possibility of military confrontation in the disputed waters, according to the commander of the U.S. Pacific Fleet.

In one of the strongest and highest-level criticisms of the reclamation project to date, Adm. Harry B. Harris Jr. told a naval conference in Australia late Tuesday that competing territorial claims by several nations in the South China Sea continue to stoke “regional tensions and the potential for miscalculation.”

“But what’s really drawing a lot of concern in the here and now is the unprecedented land reclamation currently being conducted by China,” he added.

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #19 on: April 19, 2015, 06:41:56 PM »
Satellite images show rapid construction on various coral reefs and rocks controlled by China within the disputed Spratly Islands, including harbors, piers, helipads, buildings and potentially at least one airstrip, experts say. Last month, State Department spokeswoman Jen Psaki expressed concerns that the program was an attempt to “militarize outposts on disputed land features.”

Harris said that China has created 1.5 square miles of artificial landmass in recent months.


China’s development efforts at Mischief Reef reportedly include the building of two new structures, though only one is readily identifiable from these photos. (William Colson/Center for Strategic and International Studies)

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #20 on: April 19, 2015, 06:47:08 PM »

“China is building artificial land by pumping sand onto live coral reefs — some of them submerged — and paving them over with concrete,” he said. In a region known for its beautiful natural islands, he said, “China is creating a Great Wall of sand with dredges and bulldozers over the course of months.”

China claims almost all of the South China Sea as its territorial waters, but its claims overlap with those of Vietnam, the Philippines, Taiwan, Malaysia and Brunei.

Last month, Chinese Foreign Minister Wang Yi said that the country was merely carrying out “necessary construction on its own islands and reefs” and that it would continue to uphold freedom of navigation in the busy shipping waters of the South China Sea, as well as resolve disputes through “direct dialogue” and consultation.

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #21 on: April 19, 2015, 06:49:02 PM »

“The construction does not target or affect anyone,” he said at a news conference. “We do not accept criticism from others when we are merely building facilities in our own yard. We have every right to do things that are lawful and justified.”

State news agency Xinhua was more forthright in rejecting U.S. criticisms last month, accusing Washington of displaying a “perverted sense of insecurity” and a “pirate-style mindset.”

While China’s attention was focused elsewhere in previous decades, the other major claimants to the Spratly Islands occupied various islands and rocks throughout the archipelago, building ports, piers, bases and airstrips there. China now appears to be rushing to underline its own claims.


Between August and November in 2014, Chinese dredgers created a land mass on Fiery Cross that spans 3,000 meters long and 200 to 300 meters wide. (William Colson/CSIS)

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #22 on: April 19, 2015, 06:57:29 PM »

“This history matters a great deal, because what Washington and its friends and allies may see as punctuated, lightning-speed construction is likely viewed in China as a perfectly legitimate game of catch-up,” Mira Rapp-Hooper, director of the Asia Maritime Transparency Initiative and a fellow at the Center for Strategic and International Studies (CSIS), wrote in a recent report.

“What sets China’s activities apart, however, is that Beijing has been dramatically changing the size and structure of existing physical land features, while other claimants have built upon or modified existing land masses,” she wrote in a related report.

The only major claimant without an airstrip in the archipelago, China appears to be turning the hitherto largely submerged Fiery Cross Reef into the largest island in the Spratly Islands, experts said.

Yanmei Xie, senior China analyst with the International Crisis Group in Beijing, said the island reclamation project was a deliberate strategic decision.


According to IHS Jane’s, China’s active land reclamation of Fiery Cross Reef began in August. (William Colson/CSIS)

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #23 on: April 19, 2015, 06:58:44 PM »


China has built an artificial island on Cuarteron Reef and is also building structures on the island. (William Colson/CSIS)

“Although China’s exact intention is unclear so far, they are likely mainly designed to extend China’s power projection, by expanding, for example, its surveillance, early warning and air interception capabilities further out into the sea,” she said. “With these added capabilities, China could have a de facto ‘air defense identification zone’ in the South China Sea, even though it may not rush to declare one out of concern for the political and diplomatic fallout.”

China provoked strong U.S. criticism when it unilaterally declared an air defense identification zone over disputed waters in the East China Sea in 2013, and Secretary of State John F. Kerry was among those who warned Beijing not to do the same for the South China Sea.

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #24 on: April 19, 2015, 07:03:26 PM »

Harris said that the pace of China’s construction of artificial islands “raises serious questions about Chinese intentions.”

He added, “How China proceeds will be a key indicator of whether the region is heading toward confrontation or cooperation.”

Foreign-policy experts said China’s activities would not reinforce its legal claims to the islands under the U.N. Convention on the Law of the Sea because only natural land features are relevant to maritime rights. But it could help China enforce de facto control of some of the disputed waters.

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Re: Understanding the Philippine claim to the West Philippine Sea (FOR ALL)
« Reply #25 on: April 19, 2015, 07:06:11 PM »


The facility on Hughes Reef has a main square building and an antiaircraft tower, according to IHS Jane’s. (William Colson/CSIS)

Chris Johnson, a senior CSIS adviser, said that China had carried out more reclamation work on the islands in the past five months than other claimants had done in the past five years. “They want to be able to operate with impunity in these waters, and they want the rest of us to accept it,” he said.

“So what does the game plan ultimately entail? Is it to be able to move around in these areas and operate, and by doing so, in a de facto manner, emphasize their claims? Or do they have intent, over time, to kick rival claimants off?” he asked. “I don’t think there’s a sense of that, but I do think their behavior suggests they are moving in one direction, and they expect the other claimants to respect their growing power.”

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