JMSU UNFAIR

Solons say JMSU unfair to PH, GMA points to baselines law
16-Jun-11, 1:58 PM | Lira Dalangin-Fernandez, InterAksyon.com/Fiona Rozario-Nicolas, TV5

 

(UPDATE) MANILA, Philippines – Paranaque Representative Roilo Golez on Thursday balked at proposals to revive the tripartite Joint Marine Seismic Undertaking (JMSU) with China and Vietnam, saying it is disadvantageous to the Philippines.

Golez, a former National Security Adviser, said officials should instead continue the “public diplomacy effort” alongside state diplomacy to popularize the issue and gather backing from the international community on the country’s escalating territorial dispute with China.

Signed in 2005 and lapsed in 2008, the JMSU was a tripartite accord among the Philippine National Oil Corporation, China National Offshore Oil Co. and Vietnam Oil and Gas Corp. offshore exploration covering 142,886 square kilometers.

The agreement provided that the three countries’ claims on the Spratly Islands would not be compromised.

Former Speaker Jose de Venecia on Wednesday proposed the renewal of the accord as a diplomatic solution to the territorial dispute, saying the countries involved in the row should shelve sovereignty issue and focus on oil exploration, tourism and other modes of economic development activities.

Golez said the Philippines would be at the losing end of the deal since more than 75 percent of the area covered by the JMSU is located within the country’s Exclusive Economic Zone (EEZ).  

Per the United Nations Convention on the Law of the Sea (UNCLOS), Golez said the Philippines has “sovereign rights over the exploitation of natural resources within the EEZ, including marine scientific research.”

He said the JMSU signed in 2005 pertained mostly to the EEZ of the Philippines, and not of the two signatory countries.

“Any JMSU should cover the entire West Philippine Sea (South China Sea) to be equitable to the Philippines,” he added. In this, party-list Rep. Teddy Casino shared his view, saying separately that, "The problem with the JMSU is that the area being explored is within our territorial waters and not in the disputed areas. We will be on the losing end if this will be revived.”

Golez said Philippine officials should strengthen the public diplomacy effort to generate support from the international community, calling it a “million-needle strategy.”

“The Filipino public should get into the game using a million needles to prick and rouse the world about China’s bully tactics,” he said.

This strategy can be done using various fora such as the Association of Southeast Asian Nations (ASEAN), United Nations (UN), United Nations Scientific Educational and Cultural Organization (UNESCO), International Monetary Fund, parliaments, civic organizations and the international media.

The  technology-savvy lawmaker also put forward the use of the internet through social networking sites to popularize the Philippines’ stand on the territorial dispute.

“We should always keep our guard up in spite of the conciliatory tone of the latest China statement on Spratlys,” Golez said, referring to the Chinese foreign ministry assurance on Tuesday that China will never use force in the Spratlys.

According to him, Chinese authorities gave the Philippines assurance in 1995 that what they were building within the Mischief Reef were temporary structures for their fishermen.  But three or four year later, he said what the Chinese built turned out to be concrete structures and facilities.

A TV5 exclusive by DJ Sta. Ana, also carried by InterAksyon.com, showed photos of expanded garrisons and military outposts of China in six of the seven islets claimed by the Philippines in the Kalayaan island group.

If the government does not do anything, Golez said China might also eventually take over Reed Bank, which is very close to Palawan’s West shoreline and well within the country’s EEZ.

GMA’s pitch: amicable settlement, baselines law

Meanwhile, former president now Pampanga Rep.  Gloria Macapagal-Arroyo sought an amicable settlement on the Spratlys, saying “What we need to do is to solidify our position.”

In a statement through her spokesperson and chief of staff Elena Bautista-Horn, Arroyo said Manila could fall back on the Baselines Law enacted during her term, which ensures compliance with the UN Convention on the Law of the Sea.  “The enactment of RA 9522 during my administration, which assures that our baselines are in accord with the Law of the Sea Convention, is a vital step in establishing the limits of our maritime jurisdiction,” added Arroyo. 

She differed with de Venecia’s advocacy of simple negotiations on joint exploration and sharing, saying it wasn’t as simple as that, adding that in the current context, it was important for the Philippines to be consistently firm in asserting its rights in the Spratlys. “But a lot of work has still to be done and to accomplish this we need to consult with those who are knowledgeable on this matter. Talk and rhetoric wont help.”

Then-President Arroyo signed RA 9522 in March 2009, and it defined the Philippines’ archipelagic baselines and claims on mineral-rich areas in the South China Sea.

The law defines the “general configuration” of the archipelago, including the extended continental shelf (ECS) and exclusive economic zone (EEZ), to make it more compliant with the UNCLOS.

It excludes the disputed Kalayaan Group of Islands and Scarborough Shoal from the archipelago, but treats these as part of a “regime of islands.”

Militants nix US “meddling”

In a separate statement, Makabayan, a coalition of militant partylist groups asked for the investigation of the reported Chinese incursions into Philippine territory and called on all claimants over the disputed territory to work on resolving the row within the framework of the 2002 Declaration on the Conduct of Parties in the South China Sea, and without the “meddling” of the United States.

Speaking for the group, Bayan Muna party-list Rep. Teddy Casino also raised objection to proposals to renew the JMSU among the Philippines, China and Vietnam.

Bayan Muna in 2008 initiated a petition for certiorari against the said agreement.

"The problem with the JMSU is that the area being explored is within our territorial waters and not in the disputed areas. We will be on the losing end if this will be revived," Casino said.

“The current tensions among all claimants can be resolved within the framework of the 2002 Declaration without need of US meddling. We should now move forward by establishing mechanisms to implement the intent of the declaration," he added.

Makabayan said Philippine territorial waters and the 200-mile EEZ belong to the Filipino people and “no foreign country, be it China or the United States, should be allowed to use and exploit it for their economic, military or hegemonic interest.”