PHOTOS: Philippines challenges China's Claim of West Philippine Sea at UNCLOS Tribunal in The Hague

Philippines challenges China's Claim of country's exclusive economic zone at UNCLOS Tribunal in The Hague. image: inquirer.net

IN PHOTOS: Philippines challenges China in The Hague

In photos emailed to Rappler, the Permanent Court of Arbitration gives us a glimpse of the closed-door hearings pitting Manila against Beijing

MANILA, Philippines – Behind closed doors, the Philippines recently waged a legal battle against China in The Hague, Netherlands, in a historic case over the disputed West Philippine Sea (South China Sea).

The Philippines on Thursday, July 23, is set to submit a new document to The Hague to bolster its case.

While Manila pursues this, a question remains: What exactly happened during hearings from July 7 to 13?

The Permanent Court of Arbitration (PCA) in The Hague, which serves as the venue for the arbitration proceedings, emailed Rappler high-resolution photos to give us a glimpse of the closed-door hearings.

China claimed the shores of Vietnam, Philippines, Malaysia, Indonesia, Brunei and Japan as their own

The photos show a powerhouse team, led by internationally acclaimed lawyer Paul Reichler, defending the Philippines' case before an equally high-caliber arbitral tribunal in The Hague.

The tribunal said around 60 members joined the Philippine team. (READ: Binay hits Philippine team vs China in The Hague))

Check out these photos from the Permanent Court of Arbitration (PCA) in The Hague.

TOP DIPLOMAT. Philippine Foreign Secretary Albert del Rosario delivers an opening statement. Photo courtesy of PCA

IN SESSION. Early on, the arbitral tribunal in The Hague decides to hold the hearings behind closed doors. Photo courtesy of PCA

TOP GOVERNMENT LAWYER. Philippine Solicitor General Florin Hilbay, who serves as agent for his country, delivers a statement. Photo courtesy of PCA

TEAM OF EXPERTS. The counsel team for the Philippines, including Professor Bernard Oxman, Professor Alan Boyle, and Mr Lawrence Martin, in the closed-door hearings. Photo courtesy of PCA

HISTORIC CASE. The arbitral tribunal in The Hague, Netherlands, listens to the first country that brought China to court over the West Philippine Sea (South China Sea). Photo courtesy of PCA

'GIANT SLAYER.' Internationally acclaimed lawyer Paul Reichler, the Philippines' chief counsel, delivers a statement. Photo courtesy of PCA

REPRESENTING GOVERNMENT. Members of the Philippine delegation, including Justice Secretary Leila de Lima, Supreme Court Senior Associate Justice Antonio Carpio, and Deputy Executive Secretary for Legal Affairs Menardo Guevarra. Photo courtesy of PCA

OBSERVER DELEGATIONS. The tribunal allowed observers from the following countries – Vietnam, Malaysia, Indonesia, Thailand, and Japan – to attend the hearings. Photo courtesy of PCA

HIGH-CALIBER TRIBUNAL. The arbitral tribunal is led by Judge Thomas Mensah (president, C), the first president of the International Tribunal for the Law of the Sea. The high-caliber tribunal also includes the following (L to R): Judge Jean-Pierre Cot, Judge Stanislaw Pawlak, Judge Rüdiger Wolfrum, and Professor Alfred H. A. Soons. Photo courtesy of PCA

TEAM PHILIPPINES. Representing all 3 branches of Philippine government, the Philippine delegation comes in full force in The Hague. Photo courtesy of PCA

The 5-member tribunal said it "now enters its deliberations" on whether it has the right to hear the Philippines' case. It said it expects to rule on this matter "before the end of the year."

The tribunal said it "is conscious of its duty under the Rules of Procedure to conduct proceedings 'to avoid unnecessary delay and expense and to provide a fair and efficient process.'"

Once the tribunal decides it has jurisdiction over the case, the Philippines can already present the meat of its arguments. (READ: EXPLAINER: Philippines' 5 arguments vs China)

The Philippines said it expects a definitive ruling against China by 2016 – Rappler.com

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AFP is reinforcing rusting Navy ship on Spratly Ayungin reef outpost with Welding and Cement

Filipino soldiers wave from the dilapidated Sierra Madre ship of the Philippines Navy as it is anchored near Ayungin shoal (Second Thomas Shoal) in the Spratly group of islands in the South China Sea, west of Palawan, Philippines, in this photo taken in May. Photo: Reuters

Philippines reinforcing rusting Navy ship on Spratly reef outpost

Manila:  The Philippines navy is quietly reinforcing the hull and deck of a rusting ship it ran aground on a disputed South China Sea reef in 1999 to stop it breaking apart, determined to hold the shoal as Beijing creates a string of man-made islands nearby.

Using wooden fishing boats and other small craft, the navy has run the gauntlet of the Chinese coastguard to move cement, steel, cabling and welding equipment to the BRP Sierra Madre since late last year, according to two navy officers who have been inside the vessel.

The BRP Sierra Madre, a marooned transport ship which Philippine Marines live on as a military outpost, photographed last year. Photo: Reuters

The 100 meter-long tank landing ship was built for the US Navy during World War Two. It was eventually transferred to the Philippines navy, which deliberately grounded it on Second Thomas Shoal to mark Manila's claim to the reef in the Spratly archipelago of the South China Sea. A small contingent of Philippine soldiers are stationed onboard.

Manila regards Second Thomas Shoal, which lies 195 km south-west of the Philippines region of Palawan, as being within its exclusive economic zone. China, which claims virtually all the South China Sea, says the reef is part of its territory.

"We know China has been waiting for the ship to disintegrate but we are doing everything to hold it together," said one of the officers, adding that while the work was progressing slowly, it should be finished by the year-end.

A newly deployed Philippine Marine, part of a military detachment stationed aboard the BRP Sierra Madre, fishes near the ship in the disputed Second Thomas Shoal, part of the Spratly Islands in the South China Sea in this photo taken last year. Photo: Reuters

The other naval officer said welding was being done at night because of the heat. Concrete foundations were being laid inside the ship's hull to try to stabilize it, he added.

Without giving exact dates, both sources said they witnessed the repairs taking place earlier this year. They declined to be identified because they were not authorized to speak to the media. The soldiers currently stationed on the ship, who are demolition experts, were doing the work, said the second source.

Just to the west of Second Thomas Shoal is Mischief Reef, one of seven coral formations in the Spratlys that China is rapidly turning into islands that Beijing says will have undefined military purposes.

Vietnam, Malaysia, Taiwan and Brunei also have overlapping claims to the Spratly waterway, which is some 1,100 km from the Chinese mainland.

Asked about the repairs, Philippine Foreign Ministry spokesman Charles Jose declined to comment. But such work would not violate an informal code of conduct signed in 2002 by China and south-east Asian states that prohibited any change to the status quo in disputed areas, he said.

"In our view, repairs and maintenance of existing facilities are allowed ... especially if such repairs and maintenance work are for the safety of our personnel and safety of navigation," Mr Jose added.

A Philippines general familiar with the repairs  said the ship's hull and deck were being strengthened, and air-conditioning units added.

"We are improving the living quarters inside, to make life for our soldiers more comfortable," he said, declining to give further details about the repairs or to be identified.

Photos show a pockmarked vessel covered in rust, sitting on the permanently submerged reef but listing slightly to one side. Much of the boat's hull is visible.

Besides being a military outpost, the BRP Sierra Madre is also a commissioned Philippine navy ship.

That means Manila could request U.S. military assistance under a decades-old security treaty with Washington if the ship was attacked, said senior Philippine military officials.

"Even if it's covered with rust, it will remain an active duty commissioned navy ship. It's a symbol of our sovereignty," said the Philippine general.

Second Thomas Shoal illustrates the mismatch in power between the Philippines and China.

Since the start of 2014, the Philippine navy's regular attempts to resupply soldiers on the BRP Sierra Madre with food and water have become a cat-and-mouse routine, with large Chinese coastguard vessels on patrol in the area trying to block the path of the smaller Philippine boats, naval officials said.

The Philippine vessels have always got through by making a run for the shoal's shallow waters, which aren't deep enough for the Chinese coastguard, naval officials said. The tear-shaped shoal itself is large, some 10-11 nautical miles from top to bottom.

Zhang Baohui, a mainland security expert at Hong Kong's Lingnan University, said Beijing would be angry about the repairs, adding that Chinese ships would probably continue their "menacing" tactics. But they would not do anything that could be considered an act of war, Dr Zhang said.

"The larger geo-strategic context is more important than Second Thomas Shoal," he said. - Reuters/The Sydney Morning Herald

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Google Maps removes Chinese name for disputed South China Sea reef Scarborough Shoals

Google Maps shows the name Scarborough Shoal for the disputed island Photo: Google Maps

Google drops Chinese name from Maps after South China Sea controversy

Following pressure from the Philippines, Google redacts the Chinese name for the disputed Scarborough Shoal in the South China Sea

Google has removed the Chinese name for a disputed shoal in the South China Sea from its Maps service, following protests from Philippine citizens.

Google Maps English service on Tuesday corrected the labeling of the atoll to read Scarborough Shoal, the internationally neutral term for the territory claimed by both the Philippines and China.

Chinese protesters in Los Angeles, part of an escalating territorial dispute over the Huangyan Island, the Chinese name for Scarborough Shoal (Alamy)- image: The Telegraph

The move came after more than 2,000 people signed an online petition on Change.org asking for Google to stop identifying the shoal as part of China’s Zhongsha Island chain.

“We’ve updated Google Maps to fix the issue. We understand that geographic names can raise deep emotions which is why we worked quickly once this was brought to our attention,” Google’s office in Manila said in a statement.

In 2012, China and the Philippines engaged in a standoff at Scarborough Shoal, a rich fishing ground, after a Philippine warship attempted to expel Chinese fishing boats in the area. China has controlled the shoal since, though it is some 650 km away from Hainan island, the nearest major Chinese landmass.

China bases its claim to the area on its “nine-dash line”, a demarcation based on historical records that decrees almost the entire to South China Sea as Chinese territory.

A Filipino holds a sign during a demonstration in front of the Chinese embassy in Los Angeles (Alamy) - image: The Telegraph

The Philippines claims the shoal as part of its exclusive economic zone under the UN Convention on the Law of the Sea (UNCLOS).

“China’s sweeping claim of South China Sea under their nine-dash line purportedly historical boundary is illegal and is creating tension among nations,” the petition read.

“Google maps showing this is part of Zhongsha island chain gives credence to what is plainly a territory grab that peace loving nations should stand against.”

Construction at Kagitingan (Fiery Cross) Reef in the disputed Spratly Islands in the south China Sea by China (EPA) -image: The Telegraph

The kerfuffle comes at a moment when tension between China and the Philippines over South China Sea territory is high, following months of rapid and dramatic land reclamation work by China on the Spratly Islands, another disputed archipelago.

Last week the Philippines launched a case in the Permanent Court of Attribution in The Hague in an attempt to prove that China’s “nine-dash line” claim is incompatible with UNCLOS. - Source: The Telegraph

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The Fate of West Philippine Sea/South China Sea at the United Nation's Tribunal begin its Journey in Hague vs China

The Philippine delegation, with lawyers and advocates, before the start of Commencement of the 1st Round of Philippines Argument.- Image CNN Philippines

South China Sea dispute: Philippines warns China flouting UN maritime laws

THE HAGUE: The Philippines has appealed to an international tribunal to declare China's claims to most of the South China Sea illegal, warning the integrity of United Nations' maritime laws is at stake.

In opening comments to the tribunal in the Hague on Tuesday, Foreign Secretary Albert del Rosario said the Philippines had sought judicial intervention because China's behavior had become increasingly "aggressive" and negotiations had proved futile.

Del Rosario said the UN's Convention on the Law of the Sea, which the Philippines and China have both ratified, should be used to resolve their bitter territorial dispute.

"The case before you is of the utmost importance to the Philippines, to the region, and to the world," del Rosario told the tribunal.

"In our view, it is also of utmost significance to the integrity of the convention, and to the very fabric of the legal order of the seas and oceans."

China insists it has sovereign rights to nearly all of the South China Sea, a strategically vital waterway with shipping lanes through which about a third of all the world's traded oil passes.

Its claim, based on ancient Chinese maps, reaches close to the coasts of its southern neighbors.

The Philippines, Vietnam, Malaysia, Brunei and Taiwan also have claims to parts of the sea, which have for decades made it a potential military flashpoint.

Tensions have risen sharply in recent years as a rising China has sought to stake its claims more assertively.

Following a stand-off between Chinese ships and the weak Filipino Navy in 2012, China took control of a rich fishing ground called Scarborough Shoal that is within the Philippines' exclusive economic zone.

China has also undertaken giant reclamation activities that have raised fears it will use artificial islands to build new military outposts close to the Philippines  and other claimants.

China has rejected all criticism over its actions, insisting it has undisputed sovereign rights to the sea.

However del Rosario told the tribunal in the Hague that China's argument of claiming the sea based on "historic rights" was without foundation.

"The so-called nine dash line (based on an old map used by China) has no basis whatsoever under international law," he said.

The Philippines submitted its case to the Hague-based Permanent Court of Arbitration, a 117-state body that rules on disputes between countries, in early 2013.

Del Rosario's comments, held in closed door proceedings but released by his office in Manila on Wednesday, were part of the Philippines' opening oral arguments.

China has refused to participate in the proceedings and said it will not abide by any ruling, even though it is has ratified the UN's Convention on the Law of the Sea.

However the Philippines hopes a ruling in its favor will pressure China into making concessions.

Any ruling from the tribunal is not expected until next year.

The week covering July 7 to 13 will be pivotal to the Philippines’ legal battle to assert its claims over the portion of the South China Sea that it calls the West Philippine Sea.- Image CNN Philippines

Day 1: PH begins arguments in The Hague

On July 7, 2015, the Philippines has begun arguing before the Permanent Court of Arbitration in The Hague that the treaty-based court has jurisdiction — and should intervene — in the country's dispute with China over the West Philippine Sea.

Malacañan said the first day of hearings began with Solicitor General Florin Hilbay's introduction of the Philippines' case, and his presentation of the order of speakers.

Foreign Affairs Secretary Albert del Rosario made a plea for the tribunal to recognize its jurisdiction. He noted that the case is important not just to the country but also to the global community, owing to its impact on the rule of law in maritime disputes.

Paul Reichler, chief counsel of the Philippines, presented the justification for the five-man tribunal's jurisdiction over the Philippine claims under the United Nations Convention on the Law of the Sea (UNCLOS).

Reichler was followed by Philippe Sands, who explained that the Philippines did not raise questions of sovereignty over land or maritime delimitation.

Sands is the director of the University College London's Centre on International Courts and Tribunals.

The first round of Philippine arguments will continue Monday  (July 8) with two more hearings, from 4 p.m. to 7 p.m. and 8:30 p.m. to 11:30 p.m., Philippine time.

A few hours before the hearing, Undersecretary Abigail Valte, deputy presidential spokesperson, told CNN Philippines that the delegation is cautiously optimistic that the tribunal would rule in favor of Philippine' on the jurisdiction issue.

Valte is also in The Hague with the Philippine delegation.

"We have been preparing every day, every step of the way to come to a proceeding like this," she said.

China has refused to take part in the proceedings. It prefers to conduct bilateral talks with the Philippines. Sources: CNN Philippines and The Economic Times

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PHL Navy & Coast Guard Standby – ready for Deployment to Spratlys Island

The military is ready to assist the Philippine Coast Guard (PCG) in enforcing the country's maritime laws, but will only do so if ordered by higher authorities.

Armed Forces spokesman Col. Arnulfo Burgos Jr. stressed Tuesday (July 17, 2012) that the PCG is the agency tasked to ensure that the country's laws are being followed.

"The maritime laws there (in the West Philippine Sea) are being enforced by the Philippine Coast Guard and whenever told to do so, we will be in the area," Burgos said in a press briefing.

"But as far as our constitutional mandate to protect the people and the state, we will continue to do that," he added.

Burgos was asked to react to reports that China has sent a big fleet of fishing vessels in the Paracel Islands which contested between Vietnam and China. Paracel is a separate group of Island closer to the shore of Vietnam.

Burgos said they would only comply with the directives issued to them by higher authorities.

"We are implementers. We just execute whatever order is handed down to us," Burgos said.

"Coordination between the Philippine Coast Guard and the Armed Forces of the Philippines is very critical," he added.

On Sunday (July 15, 2012) , a huge fleet of Chinese fishing vessels arrived at the contested parts of the West Philippine Sea, in what observers view as an effort to assert Beijing's claim over the area.

China's state-owned news agency Xinhua said the fleet of 30 fishing vessels from Hainan province arrived near Yongshu Reef on Monday afternoon (July 16, 2012).

The fleet reportedly includes a 3,000 ton supply ship and a patrol vessel and is said to be the largest ever launched from the province.

The fishing expedition in the area will last for five to 10 days, reports said.

The arrival of the fishing fleet in the Paracels Islands near the Spratlys came on the same day a Chinese warship that ran aground on a shoal off Palawan was successfully refloated after being assisted by vessels sent by Beijing.

The grounded ship - a Jianghu-class, Chinese guided-missile frigate – was removed from the Hasa Hasa (Half Moon) Shoal on Sunday and left the area on the same day.

Hasa Hasa Shoal, where the Chinese warship got stuck, is located about 60 nautical miles off Rizal town in Palawan Province.

The warship got stuck on the shoal last July 11, 2012 while conducting a routine patrol.

The Philippine media knew about the incident through a report released by Australian paper Sydney Morning Herald last Friday.

Philippine officials did not inform the public about the incident before the Sydney Morning Herald report was published.

The warship reportedly pinned itself to a reef at Hasa Hasa Shoal, on the southeastern edge of the hotly-contested Spratlys Islands.

The ship got stuck within the Philippines' 200-nautical mile exclusive economic zone, as determined by exclusive economic zone as provided by international law.

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China navy patrol ship runs aground in shoal off Palawan Island Philippines

A Chinese naval frigate has run aground while patrolling disputed waters in the South China Sea, the defense ministry said Friday, amid tensions with the Philippines over territorial claims.

The ship was on "routine patrol" when it became stranded near Half Moon Shoal in the Spratly Islands on  July 11, 2012 Wednesday evening, the ministry said in a statement posted on its website.

The shoal is off the Philippine island of Palawan.

No one was injured or killed in the accident and the navy was now organizing a rescue, the statement said, but gave no further details.

The Philippines said it was trying to confirm the reports and would offer assistance to any vessel in distress.

"We have to find out why that ship was there, why it ran aground, whether it was an accident or whatever," Defense Secretary Voltaire Gamin told reporters.

"If we have to offer assistance to help them get out of that place, we will assist them," he added.

The Sydney Morning Herald on Friday quoted Western diplomatic sources as saying the frigate, which has been discouraging fishing boats from the Philippines from entering the area, was "thoroughly stuck".

China says it has sovereign rights to all the South China Sea, believed to sit atop vast oil and gas deposits, including areas close to the coastlines of other countries and hundreds of kilometers (miles) from its own landmass.

But Taiwan, Vietnam, Brunei, Malaysia, and the Philippines also claim parts of the West Philippines Sea (South China Sea).

The Spratlys are one of the biggest island chains in the area.

The rival claims have long made the South China Sea one of Asia's potential military flashpoints, and tensions have escalated over the past year.

The Philippines and Vietnam have complained China is becoming increasingly aggressive in its actions in the area, such as harassing fishermen, and also through bullying diplomatic tactics.

AFP

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Vietnam side by side Philippines - China disputed sea Row

Vietnam signed with the Philippines

The Philippines and Vietnam have agreed to protect the delicate marine ecosystem in the West Philippine Sea from threats of overexploitation, the Department of Foreign Affairs (DFA) said.

The DFA said the agreement was made to address illegal, unregulated and unreported fishing in accordance with the national laws of both countries.

Senior officials of both countries also endorsed the enhancement of cooperation on maritime and ocean matters. This includes the elevation of the Joint Permanent Working Group on Maritime and Ocean Concerns into a vice ministerial level, continued support for the Joint Oceanographic and Marine Scientific Research in the South China Sea, and implementation of the Memorandum of Agreement on Oil Spill Preparedness and the MOA on Search and Rescue at Sea.

The Philippines is also worry of any possible damage that would greatly affect the Philippines Marine Ecosystem as the Spratlys sea bed is link and inter connected with the Philippines and the area is just very close to the country than the other claimants.

The Philippines is also aware of any unwanted oil spills in the sea will closely affect the Palawan seas as the area is just few kilometers away and the Spratlys  is within Philippines' proximity.

The Philippines and Vietnam are claimants to the potentially oil-rich waters and land features of West Philippine Sea.

The DFA said the Philippines and Vietnam agreed to speed up implementation of the MOA on Defense Cooperation and the MOA on Academic Cooperation as 11 areas of cooperation were reviewed.

"This is more than a wish list. It is a commitment to steer Philippines-Vietnam relations towards a more meaningful and deeper cooperation," Foreign Affairs Secretary Albert del Rosario said.

Del Rosario acknowledged the 11 areas of cooperation reviewed by senior officials of both countries at the 6th Philippines-Vietnam Joint Commission for Bilateral Cooperation held in Hanoi on Oct. 6 and 7 2011.

The MOA on Defense Cooperation and the MOA on Academic Cooperation were signed last year.

This year, the Philippines and Vietnam are celebrating the 35th anniversary of diplomatic relations.

Since the last Joint Commission for Bilateral Cooperation in 2008, the two countries worked together on a number of areas such as political cooperation, defense and security, trade and investments, maritime and ocean concerns, agriculture, energy, tourism, education and culture.

Del Rosario and Vietnamese Foreign Minister Pham Binh Minh highlighted the official exchanges that continue to give impetus to the bilateral relations, notably the positive outcomes of the visit to Vietnam by President Aquino in October 2010 and the forthcoming visit of President Truong Tang to the Philippines later this month.

An action plan for 2011-2016 is expected to be launched during President Tang's visit to drive the cooperation to a comprehensive and solid partnership.

China and Vietnam sign agreement to cool sea dispute

China and Vietnam signed an agreement seeking to contain a dispute over the South China Sea that has stoked tensions between the two Communist-ruled neighbors divided by a history of distrust, China's official news agency said on Wednesday.

Diplomats signed the six-point agreement on Tuesday (October 11, 2011), while the General Secretary of the Vietnamese Communist Party, Nguyen Phu Trong, held conciliatory talks with Hu Jintao, who is China's Communist Party chief and president.

Vietnam and China, the Philippines - as well as, Brunei, Malaysia and Taiwan - stake conflicting claims of sovereignty over parts of the South China Sea, a potentially oil and gas rich body of water spanned by key shipping lanes.

Under the deal that builds on Beijing's efforts to cool tensions over rival territorial claims in the South China Sea, the two sides agreed to open a hotline to deal with potential maritime flare-ups and hold border negotiation talks twice a year.

"The two countries should remain committed to friendly consultations in order to properly handle maritime issues and make the South China Sea a sea of peace, friendship and cooperation," said the agreement, according to China's Xinhua news agency.

"Both sides should solve maritime disputes through negotiations and friendly consultations."

The bridge-building effort could dispel some of the rancour that has built up in the region, setting Beijing against Southeast Asian nations that have turned to the United States to counter growing Chinese military and political influence.

Last month, China's top official newspaper warned that a joint energy project between India and Vietnam in the sea infringed China's territorial claims.

In May and June, Vietnam accused Chinese vessels of harassing Vietnamese ships within Vietnam's exclusive economic zone. China denied its ships had done anything wrong.

Businessmen and diplomats say China has pressured foreign firms in deals with Vietnam not to develop oil blocks in the sea.

China helped Vietnamese Communist forces to victory in their decades-long fight against U.S. backed forces, but the two Asian nations have a history of mutual distrust reflecting Vietnam's anxieties about its much bigger neighbor. In 1979, they fought a short but bitter border war.

On the day that the agreement was signed, China's President Hu told Vietnam's party chief Trong their two countries should try to get along.

Inspite of the Philippines leading for the Unity for the ASEAN to solve the Spratlys disputes; China still insist for 1 on 1 resolution and refused the challenge of the Philippines to bring the issue to the United Nations ITLOS. 

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The Royal Sultanate of Sulu and the Republic of the Philippines will reunite as 1 and United Nations for the Spratlys

Sulu Sultanate rejects China claim over Spratlys

The Sultanate of Sulu slammed for the claim of China over the Spratly Islands, saying the disputed territory was part of the Sultanate of Sulu long before the Spaniards came to the Philippines.

“China has no right over the Spratly Islands in what it calls the South China Sea because that is part of our ancestral domain, including the marine territory around it and the waters around these islands is part of the Sulu Sea,” Majaraj Julmuner Jannaral, Sultanate information officer, quoting His Majesty Muhammad Fuad Abdulla Kiram I, the reigning Sultan of Sulu and Sabah (North Borneo).

Jannaral said China has launched a “divide-and-rule” strategy over ASEAN (Association of Southeast Asian Nations) members because it has refused to talk on the Spratlys issue, and instead wants to deal or negotiate with the 10 member countries individually.

“This is unacceptable to me and my people,” Jannaral quoted the Sultan as saying.

He said historically, the proprietary rights over the Spratlys, Sabah(North Borneo), the Sulu archipelago, and Palawan and parts of Mindanao belong to the Sultanate of Sulu and (North Borneo) Sabah even long before the Spaniards came to the Philippines.

“Thus, China is violating our people’s human rights by openly and unilaterally announcing ownership of the Spratlys and the waters around it,” the Sultan said in an official statement.

Jannaral, quoting the statement, said “China may have forgotten that the sovereign political right (not the proprietary right) over the disputed area was given by the Sultan’s late father, Sultan Muhammad Esmail E. Kiram I, to President Diosdado Macapagal in 1962, and later in 1969, to President Ferdinand Marcos to recover particularly Sabah (North Borneo) from Malaysia.”

“But Sabah (North Borneo) is not an issue with China. Our concern here is the Spratlys and what China calls the South China Sea, because the Chinese leaders state this is their core interest,” the statement said.

The Sultanate said that by claiming the Spratlys, China has manifested what President Aquino called “bullying” tactics on the five other claimants – Brunei, Vietnam, Malaysia, Vietnam and the Philippines.

Jannaral said the Chinese military has even timed its announcement with the open sea trial runs of its first aircraft carrier in the north-eastern China Sea this month and its formal launch next October with its current verbal exchanges with the US regarding open use of the South China Sea by international commercial shipping.

“My blood lineage dates back from the Mahjapahit and Shrivijaya empires, which extended from Sabah (North Borneo), the Sulu archipelago, Palawan, parts of Mindanao, the islands now known as the Spratlys, Palawan, and up to the Visayas and Manila,” the Sultan’s statement reads.

“The Spanish colonial forces drove my forefathers from Manila and the Visayas but never conquered the territories of the Sultan of Sulu and Sabah because they failed to subjugate us. The Spaniards illegally transferred the Philippines, the Sulu archipelago, Sabah (North Borneo), and Guam to the Americans in their 1898 Treaty of Paris without the Sultan’s consent,” it added.

According to the statement, the Sultan’s direct ancestor, Sultan Jamalul Ahlam Kiram, rented out Sabah to the British East India Company in 1878.

“After the last world war, Britain illegally transferred Sabah to Malaysia when London granted Malaysia its independence in 1963.”

Proof that Britain and Malaysia recognized the Sultan’s proprietary rights over Sabah is the yearly payment as rent, up to this day, which is paid regularly by Malaysia to the Sultan and eight other descendants of the first Sultan.

The Sultan said he agreed with President Aquino’s position that China cannot legally claim ownership of the Spratlys, which are at least 800 miles away from the nearest Chinese territory, while some of the islands are within the 200-nautical mile economic zone limits of the Philippines under the United Nations Convention on the Law of the Sea (UNCLOS).

He said China’s claim violates the UNCLOS, which it signed. The Philippines is also a signatory to UNCLOS.

“President Aquino showed his quality nationalist leadership with his stand that settlement of the Spratly issue and the South China Sea - West Philippines Sea questions must be through peaceful and mutually beneficial diplomatic talks – especially to the members of the ASEAN since these islands are physically closer to us than China,” the Sultan said.

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MDT - USA obliged to defend the Philippines in Spratlys against any invasion

The hardest point of America is to stand in between the two roles in the same case and the same issue.   USA is supposed not to take one side on any countries with conflict but America have no escape for the Philippines as they signed an agreement called Mutual Defense Treaty (MDT) in 1951 to take effect in 1952. The MDT was signed between US and the Philippines after 5 years of giving independence to the Philippines. The Mutual Defense Treaty (MDT) obliged America to defend the Philippines to any External assault or attack to the Philippines' territory.

The binding of the MDT with PHL-US is clear that obliged America to defend the Philippines to any External assault or attack to the Philippines” even spratlys islands is not mentioned since the Spratlys is within 200 Nautical Miles Exclusive Economic Zone of the Philippines and countries invading the Philippine waters is subject for retaliation from the Philippines' forces and US Forces.

U.S. forces are obliged to help defend Filipino troops, ships or aircraft under a 1951 Mutual Defense Treaty if they come under attack in the disputed Spratly Islands in the South China Sea, Philippine officials said, citing past American assurances.

The potentially oil- and gas-rich Spratly Islands have long been regarded as one of Asia's possible flash points for conflict. China, the Philippines and Vietnam have been trading barbs and diplomatic protests recently over overlapping territorial claims, reigniting tension.

Complicating the issue is the role the United States could play in resolving the disputes. A Mutual Defense Treaty signed by U.S. and Philippine officials in Aug. 30, 1951, calls on each country to help defend the other against an external attack by an aggressor in their territories or in the Pacific region.

Amid renewed tensions in the Spratlys, questions have emerged whether the treaty would apply if ill-equipped Philippine forces come under attack in the islands, all of which are claimed by China. Parts also are claimed by Brunei, Malaysia, the Philippines, Taiwan and Vietnam.

The Philippine Department of Foreign Affairs said in a policy paper that the treaty requires Washington to help defend Filipino forces if they come under attack in the Spratlys, citing U.S. diplomatic dispatches that defined the Pacific region under the treaty as including the South China Sea. The South China Sea was not specifically mentioned in the pact.

A copy of the policy paper was seen by The Associated Press on Wednesday.

Philippine Foreign Secretary Albert del Rosario also said in a recent interview that American officials have made clear that Washington would respond in case Filipino forces come under attack in the South China Sea.

Del Rosario said by telephone from Washington that he would discuss the Spratly disputes, along with issues related to the 1951 defense treaty, and other regional security concerns with U.S. Secretary of State Hillary Rodham Clinton when they meet Thursday.

The U.S. Embassy in Manila declined to discuss details of when the pact would apply.

"As a strategic ally, the United States honors our Mutual Defense Treaty with the Philippines," said Alan Holst, acting public affairs officer at the embassy. "We will not engage in discussion of hypothetical scenarios."

The defense treaty, which came into force in 1952, defined an attack as an armed assault on "the metropolitan territory of the parties" or their "armed forces, public vessels or aircraft in the Pacific."

While the U.S. has a policy of not interfering in territorial disputes, the Philippine paper said "it may be construed that any attack on our vessels, armed forces or aircraft in the Spratlys would make the treaty applicable and accordingly obligate the U.S. to act to meet the common dangers."

China has urged the United States to stay out of the territorial disputes in the South China Sea, saying they should be resolved through bilateral negotiations.

On Wednesday, Chinese Vice Foreign Minister Cui Tiankai warned that Washington risks getting drawn into a conflict should tensions in the region escalate further.

Washington views the sea lanes in the area as strategically important.

"If the United States does want to play a role, it may counsel restraint to those countries that have frequently been taking provocative action and ask them to be more responsible in their behavior," Cui said at a briefing.

He later added, "I believe that individual countries are actually playing with fire, and I hope that fire will not be drawn to the United States."

The Philippines has accused China of intruding at least six times in Manila-claimed areas in and near the Spratlys since February. Among the most serious was a reported firing by a Chinese navy vessel on Feb. 25 to scare away Filipino fishermen from the Jackson Atoll.

The Philippines, whose poorly equipped forces are no match for China's powerful military, has resorted to diplomatic protests. President Benigno Aquino III insisted Friday that his country won't be bullied by China and said Beijing should stop intruding into waters claimed by Manila.

The battle for ownership of the Spratlys has settled into an uneasy standoff since clashes involving China and Vietnam killed more than 70 Vietnamese sailors in 1988.

 

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USA now willing to Support the Philippines' Spratly issue but suspicious

A United Nations convention is clear on what constitutes sovereign territory, and the United States is prepared to do whatever is asked of it by the Philippines in connection with the South China Sea / West Philippine Sea dispute, US Ambassador Harry Thomas Jr. said Monday (June 13, 2011) in Makati. Thomas Statement is absolutely opposite of the statement of Rebecca Thomson; US spokesperson saying “The US will not support the Philippine Spratly Issue as they are out of the Issue. Even USA is not united of their stands for the Spratlys issue.

 “We will do whatever we’re asked,” Thomas told The STAR during a visit to the newspaper office, when asked if the US would be willing to participate in the settlement of the territorial dispute.

But he quickly added, “What we want to say is right now we believe consistently that is not something for us to do. We have not been asked to do that. And we can’t deal with hypotheticals.”

Later, when pressed about US participation in negotiations, he said, “We have not been invited.”

Thomas spoke as China warned external powers to stay out of the overlapping territorial claims in the Spratly Islands.

Reuters reported Monday (June 13, 2011) from Beijing that the warning was contained in a commentary in the main military newspaper Liberation Army Daily, which is controlled by China’s Communist Party, and where articles are vetted to reflect official thinking.

President Aquino welcomed Thomas’ statement as he noted the military power of China and its huge population.

“We don’t want any hostility to break out,” Aquino said at Malacañang, even as he reaffirmed that islands in the West Philippine Sea are within undisputed Philippine territory under an international convention.

“Perhaps the presence of our treaty partner, which is the United States of America, ensures that all of us will have freedom of navigation, will conform to international law,” Aquino added.

Earlier Monday (June 13, 2011), Thomas said the US would stand with the Philippines in all issues.

“I want to assure you – on all subjects, we in the United States are with the Philippines. The Philippines and the United States are strategic treaty allies. We are partners,” Thomas said at the launching of the US-supported National Renewable Energy Program in Makati City.

“We will continue to consult and work with each other on all issues, including the South China Sea and Spratly Islands,” Thomas said.

The Philippines has protested Chinese military activities in the West Philippine Sea, which is within the country’s territory as defined under the 1982 United Nations Convention on the Law of the Sea (UNCLOS).

The UNCLOS, Thomas said, is “pretty clear on what is Philippine territory.”

Thomas mentioned that US President Barack Obama has said Washington supports the 2002 Code of Conduct in the South China Sea under UNCLOS.

Among other things, the Code of Conduct calls for all claimants to sit together and settle the dispute, he said.

President Aquino is so thankful

President Aquino welcomed Thomas’ declaration.

“We are grateful to the (US), especially when they reiterated that we are strategic partners, we have a treaty between us,” Aquino said when asked for his reaction to Thomas’ statement in a press briefing later at Malacañang.

The President stressed the importance of adhering to international laws, specifically UNCLOS.

“What that law says is that you have exclusive economic authority or exclusive economic zone extending 200 (nautical) miles from your continental shelf,” Aquino said.

“Reed (Recto) Bank, which is the subject of incidents lately, is located 80 (nautical) miles off Palawan, the closest of our contention in the Spratlys, the closest China (has) is 576 (nautical) miles if I remember correctly - 576 is obviously greater than 200,” he added.

“Why should there be a dispute if we are conforming to international law?” Aquino asked.

“Of course, they are a superpower, more than 10 times our population, we don’t want any hostility to break out. Perhaps the presence of our treaty partner which is the United States of America ensures that all of us will have freedom of navigation, will conform to international law,” the President said.

Deputy presidential spokesperson Abigail Valte said in a press briefing that the statement of the US ambassador “reaffirms even more our commitment to finding diplomatic and a peaceful resolution on the issues that we have in the West Philippine Sea.”

Valte said the statement was welcome because “everybody knows that we always have good relationship with the United States and so with other countries as well, even if we have issues with them.”

But Valte said there was no need to elaborate on the kind of assistance that the US is prepared to offer in the event of armed hostilities with China.

“We are in the process of trying to find a peaceful resolution to the conflict that we are in the middle of. So we do not want to make any statement that would be contrary to that position,” she said.

“I think with or without that clear statement, we have always been firm on our position on the issue. I don’t think anybody can doubt our resolve to have a resolution, a peaceful and diplomatic resolution on the issue,” Valte said.

“Our resolve cannot be questioned and that we will do so, we will pursue such resolution through diplomatic moves,” Valte said.

Valte said there should be no talk of military assistance yet because all claimant-countries were talking and seeking a peaceful resolution to the issue.

Chinese Ambassador Liu Jianchao said on Saturday that “military means” was not an option for China.

Authorities have recorded six to seven incursions into Philippine-claimed areas by Chinese vessels and aircraft.

Drilon appeal for Peace in Spratlys

Sen. Franklin Drilon, an administration ally, called for an end to incendiary statements on the West Philippine Sea issue.

“All sides should exercise calm and avoid issuing statements because this is a very sensitive issue. We must defend our sovereignty but we must also be very careful in issuing statements,” Drilon said.

Drilon emphasized that only the Department of Foreign Affairs should be allowed to issue statements because the issue involves diplomacy and foreign relations.

Drilon also said the country’s relations with China cannot be easily set aside. He was apparently referring to a call by Albay Gov. Joey Salceda for a boycott of Chinese products.

He also stressed that the issue should be discussed multilaterally, or taken up before the International Court of Justice.

The Philippines and other countries in the Association of Southeast Asian Nations (ASEAN), he added, may take a united stand against China’s alleged bullying.

“This cannot be resolved on a bilateral or one-on-one basis. China is too big so the discussions should be multilateral, meaning the claimants in ASEAN should form a body to face China,” Drilon said.

Senate committee on foreign relations chair Loren Legarda also pushed for diplomacy in resolving the issue.

“It is to the region’s and the international community’s collective interest that the parties remain committed to exploring ways for building trust and confidence on the basis of equality and mutual respect,” Legarda said.

Cagayan Rep. Juan Ponce Enrile Jr., for his part, called for sobriety.

“Let the concerned agencies do the talking instead of (Palace) spokespersons who may not have a full grasp of West Philippine Sea, diplomacy, conflict management, and negotiations,” he said.

“When it comes to foreign policy, we should speak with one voice. We cannot compromise our foreign relations from interpretations made by spokespersons who muddle the handling of a potential conflict,” he said.

Enrile decried the apparently contradictory statements made by presidential spokesman Edwin Lacierda and Valte, his deputy, on the Spratlys issue.

He said that while Lacierda was quoted as saying that the country is “committed to a multilateral approach to the resolution of claims in the Spratlys,” Valte invoked the RP-US Mutual Defense Treaty (MDT).

Enrile said the agencies that should speak for the country on the issue are the DFA and the Department of National Defense.

Enrile’s father, Senate President Juan Ponce Enrile, Sen. Joker Arroyo and other senators have expressed doubts on whether the MDT can compel the US to help the Philippines in case of an armed confrontation with China.

Enrile said the best way to resolve the conflict would be through negotiations under the framework of the UNCLOS.

Boycott All Chinese Product

Rep. Enrile also chided Salceda for calling for a boycott of Chinese-made goods. Salceda belongs to the ruling Liberal Party.

“Why on earth are we calling for a boycott of Chinese goods? China is bigger than the Philippines in terms of consumer market, so how can we, as a neighbor, even contemplate about it?” he asked.

“As responsible elected officials, we should refrain from instigating a trade war with the third biggest buyer of Philippine exports. The saber rattling is uncalled for. Let’s put a stop to that,” Rep. Enrile said.

“We should instead focus on setting up our national coast defense system to protect our baselines and buy and patronize Filipino products so that we help our economy,” he said.

Sen. Ralph Recto also slammed Salceda for his boycott call.

“The right response is to increase our trade and investments with China and perhaps, maybe with the right growth formula, we can get even economically years from now,” he added.

He said that it would be a “big economic victory” for the Philippines if it closes its $900-million trade deficit with China.

The country imported $7 billion worth of goods from China in 2010 as against its exports of a little over $6 billion.

Recto likewise noted that as part of the emerging economies and touted by respected global bodies as among the Top 25 countries with strong economies by 2025, the Philippines should “act accordingly” and should not be “boycott happy.”

“We should not only engage China diplomatically but also through business,” Recto stressed.

“The Spratlys question should be settled peacefully. You can’t be saber rattling with China. It’s our biggest trading neighbor,” Recto said.

“An action like that (boycott call) has repercussions. They can tell all you Filipino people in China, go home. They can call for a boycott of all Filipino products. I don’t know who will lose in this one. So we should take it easy,” Sen. Enrile said.

Recto said the Armed Forces of the Philippines should beef up its arsenal and capability “not for arms race but to protect our coral reefs and fishermen.”

Recto said the AFP should start buying modern equipment and fleet.

“We should start buying some of these equipment and I don’t care if we buy them from China,” he said.

 

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