MIRIAM DEFENDS RP DIPLOMATIC PROTEST VS CHINA ON SPRATLYS / THE SPRATLYS
[MAP OF SPRATLYS: Spratly Islands is somewhere about 20-30 miles west of Palawan.]
MANILA, MARCH 8, 2011 (STAR) By Christina Mendez - Sen. Miriam Defensor-Santiago defended yesterday the move of the government to file a diplomatic protest against the People's Republic of China (PROC) after two Chinese ships harassed a government research vessel conducting an oil exploration mission near the disputed Spratly Islands last March 2.
Santiago, a constitutional and international law expert, said the Philippines merely pursued its territorial claim over the disputed islands when it responded to a call from the research vessel for assistance after two Chinese ships hovered around them while conducting their seismic survey in the area.
Santiago said under international law, a claimant country should be aggressive in seeking its claim to a disputed territory.
"The claim should be continuous and uninterrupted. You should always enforce your claim," said Santiago who also explained that the Chinese actions might have also been an effort to re-assert its claim over the disputed islands.
Santiago told radio dzBB that the ownership claims would still take a long time to be resolved.
She even doubted if the country claimants, especially China, would allow the issue to be heard before the International Court of Justice (ICJ).
"I am sure China will not allow this. (The issue) will never reach the ICJ. In other words, it will never have a judicial settlement," Santiago said.
Asked if the recent incident would affect the government's appeal to stay the execution of three Filipinos who were sentenced to die last month for drug trafficking, Santiago did not rule out the possibility that China might use the Spratlys issue to further its cause.
THE SPRATLY ISLANDS
(excerpts from wikipedia)
The Spratly Islands are a group of more than 750 reefs, islets, atolls, cays and islands in the South China Sea between Vietnam, the Philippines, China, Malaysia and Brunei. Such small and remote islands have little economic value in themselves, but are important in establishing international boundaries. There are no native islanders but there are rich fishing grounds and initial surveys indicate the islands may contain significant oil and gas.
About 45 islands are occupied by relatively small numbers of military forces from Vietnam, the People's Republic of China, the Republic of China (Taiwan), Malaysia, the Philippines. Brunei has claimed an EEZ in the southeastern part of the Spratlys encompassing just one area of small islands above mean high water (on Louisa Reef.)
The islands are most likely volcanic in origin. The islands themselves contain almost no significant arable land and have no indigenous inhabitants, although twenty of the islands, including Itu Aba, the largest, are considered to be able to sustain human life. Natural resources include fish, guano, undetermined oil and natural gas potential. Economic activity includes commercial fishing, shipping, and tourism.
The proximity to nearby oil- and gas-producing sedimentary basins suggests the potential for oil and gas deposits, but the region is largely unexplored, and there are no reliable estimates of potential reserves. Commercial exploitation of hydrocarbons has yet to be developed.
The Spratly Islands have at least three fishing ports, several docks and harbors, at least three heliports, at least four territorial rigging style outposts (especially due west of Namyit), and six to eight airstrips. These islands are strategically located near several primary shipping lanes.
The Philippines, along with Vietnam, China, Taiwan, Malaysia and Brunei, is a claimant country in the disputed Spratly Islands group.
Currently the Philippines is occupying nine features (seven islands, three reefs):
1. Pagasa Island (Thitu Island) 2. Likas Island (West York Island) 3. Parola Island (Northeast Cay) 4. Lawak Island (Nanshan Island)5. Kota Island (Loaita Island) 6. Patag Island (Flat Island) 7. Panata Island (Lankiam Cay) The 3 reefs: 1. Rizal Reef (Commodore Reef) 2. Balagtas Reef (Irving Reef) 3. Ayungin Reef (Second Thomas Reef).
The Philippines sent troops to the Spratly group for the first time in 1968. It prioritized large islands such as Pagasa (Thitu) Island, Likas (West York) Island, Parola Island (Northeast Cay), Kota (Loaita) Island, Lawak (Nanshan) Island, and Pugad Island (Southwest Cay). Two small islands, Patag (Flat) Island and Panata Island (Lankiam Cay), were also occupied. Both are less than a hectare in size.
To further the claim of the Philippines on the island group, the late President Ferdinand Marcos, on June 11, 1978, formally annexed the Kalayaan Islands by virtue of Presidential Decree No.1596 to the Palawan.
Several years after the Philippines had occupied its latest island, it had been apparent that Vietnam is not content in only occupying islands. Vietnam started occupying many reefs.
As of 2008, Vietnam has about 20 non-island occupied features. Some of these are very close to Philippine-occupied islands.
Vietnam flag PHL
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Due to this pressure of losing fishing area in South China Sea, the Philippines decided to occupy at least two reefs. One is Rizal (Commodore) Reef which does not belong in the northeast region. It is near to many Vietnamese and Malaysian occupied reefs, thus serving as a good sentry against eastward expansion of Vietnam and northward expansion of Malaysia (see the map above). Another one is Balagtas (Irving) Reef. Unlike Rizal Reef, Balagtas Reef lies at the center of the northeast region, making islands occupied by the Philippines seem to be closer to each other. If this was occupied by other country, Philippine-occupied islands would have a hard time reaching each other.
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