Category: Vera Files

Bajo de Masinloc crucial to China’s claim of whole South China Sea

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By ELLEN TORDESILLAS, VERA Files
(Conclusion)

Chinese vessel with giant clams taken from Bajo de Masinloc waters

The permanent stationing of three of its ships in Bajo de Masinloc is part of China’s “creeping invasion” of disputed territories in the South China Sea, a high-ranking Philippine government official said.

Bajo de Masinloc is Huangyan island to China, which has time and again reiterated “that Huangyan Island and Nansha Islands have always been parts of Chinese territory and that the People’s Republic of China has indisputable sovereignty over these islands and their adjacent waters.”

“The claim to territory sovereignty over Huangyan Island and Nansha Islands by the Philippines is illegal and invalid,” China says.

Nansha is what the Chinese call the Spratly Islands, a group of islands on the South China Sea, parts of which are being claimed by the Philippines, Vietnam, Malaysia, Brunei and Taiwan.

China’s presence on Bajo de Masinloc is also an alarming reminder to the Philippines of how Mischief Reef came under Chinese control 18 years ago.

In the early 1990s, China had built structures it said were just fishermen’s shelters on Mischief Reef. Through the years, China added installations on the island, including a radar system.

Philippine and U.S Air Force reconnaissance revealed military structures on Mischief Reef belying Chinese claims. In January 1995, the captain of a Philippine fishing boat reported that he was arrested and detained for a week by the Chinese when he ventured into Mischief Reef.

Since then Mischief Reef has been under the control of China and inaccessible to Filipinos.

A paper titled “Geopolitics of Scarborough Shoal” written by Francois-Xavier Bonnet of the Bangkok-based Research Institute on Contemporary Southeast Asia (IRASEC) explains the importance of Huangyan Island to the bigger and long-term objective of China.

Bonnet said Huangyan Island/Bajo de Masinloc is crucial to China’s claim over the Zhongsha Qundao islands which is vital in its controversial “nine-dash line map.”

A map without coordinates. Thanks to Yahoo.

The map is called “nine-dash line” or “nine-dotted line” because it shows a series of nine dashes or dotted lines forming a ring around the South China Sea area, which China claims is part of its territory. The area includes the Spratlys group and Bajo de Masinloc.

The “nine-dash line map” puts 90 percent of the whole South China Sea under Chinese jurisdiction.

The map does not have coordinates, but was submitted by China to the United Nations on May 7, 2009.

verafiles-9dashBonnet explained, “The Zhongsha Qundao is composed of Macclesfield Bank, Truro Shoal, Saint Esprit Shoal, Dreyer Shoal and Scarborough Shoal. All these banks and shoals, except for Scarborough Shoal, are under several meters of water even during low tide. Chinese policymakers know too well that without Huangyan island, the chance of their ownership over Zhongsha Qundao recognized is nil.”

Bonnet said, “The stakes are high. If China loses Huangyan/Scarborough, it will lose Zhongsha Qundao, which could be divided by the EEZs of the neighboring countries or placed under the regime of the high seas. By consequence, China’s entire claim to the South China Sea supported by the U-shape line would be moot and academic.”

Last June, China elicited international concern when it established Sansha City on Yongxing Island in the southernmost province of Hainan. Sansha City’s territory includes the Spratlys, the Paracels and Macclesfield Bank.

Immediately after establishing Sansha City, China’s Central Military Commission, its most powerful military body, approved the deployment of a garrison of soldiers from the People’s Liberation Army to guard disputed islands.

China’s Ministry of Civil Affairs said in June that putting Macclesfield Bank, the Paracels and the Spratlys under Sansha would “further strengthen China’s administration and development” of the three island groups.

The Philippines protested the establishment of Sansha City, specifically the inclusion of a part of its territory, Macclesfield Bank, one of the largest underwater atolls in the world, covering an area of 6,500 square kilometers.

Former foreign undersecretary and Philippine Permanent Representative to the United Nations Lauro Baja said there is no doubt that China has Bajo de Masinloc in its long-term territorial design.

Incidents of Philippine Navy ships apprehending Chinese fishermen in the vicinity of Bajo de Masinloc is common. In 1999, the Philippine Navy even “accidentally” sank a Chinese fishing boat. But the conflict never went beyond the standard diplomatic protests.

Former Foreign Secretary Domingo Siazon recalled one apprehension in 1998 that was a subject of a diplomatic protest by China involving a young navy officer named Antonio Trillanes IV, who would would later on become a senator and play a controversial role in the tension between the Philippines and China over the disputed shoal.

But Philippine encounters with the Chinese in Baja de Masinloc took a different turn on April 8, 2012, when the BRP Gregorio Del Pilar, the Philippines lone modern warship acquired from the United States, arrested Chinese fishing vessels in the area.

Philippine military officials said BRP Gregorio del Pilar was due for preventive maintenance servicing in Subic at that time but was redirected to Northern Luzon as contingency undertaking for an impending North Korea rocket launch.

The combat ship was also ordered to verify reports about the presence of the Chinese fishing vessels in Bajo de Masinloc. They arrested Chinese fishermen in eight fishing boats caught with sizable quantities of endangered marine species, corals, live sharks and giant clams.

Looking back, officials say the April 8, 2012 incident gave China an excuse to occupy the area.

China immediately deployed three Chinese Marine Surveillance (CMS) ships to Bajo de Masinloc to rescue their fishermen and added more than 80 vessels as the standoff dragged on.

The Philippines later withdrew BRP Gregorio del Pilar, which was replaced by a Philippine Coast Guard ship and a research vessel by the Bureau of Fisheries and Aquatic Resources in observance of “white to white,” referring to civilian ships, and “gray to gray,” meaning navy-to-navy rules of engagement.

The standoff that lasted 57 days spilled over to the economic front with China rejecting inferior quality bananas from the Philippines and cancellation of Philippine-bound Chinese tour groups.

It was only broken upon the insistence of the United States State Department that the issue be resolved because President Barack Obama did not want it included in the agenda of his June 8, 2012 meeting with President Benigno Aquino III at the White House.

With the breakdown of communication between the straight-talking Philippine Foreign Secretary Albert Del Rosario and Chinese Ambassador Ma Keqing in Manila, U.S. Assistant Secretary of State for East Asian and Pacific Affairs Kurt Campbell proposed to Chinese Vice Foreign Minister Fu Ying in Washington D.C. that Chinese and Philippine vessels withdraw simultaneously from the disputed shoal.

By that time, Trillanes had entered the picture and was directly negotiating between Beijing and Malacañang to help de-escalate the tension.

Hours before Aquino left for London and Washington D.C. on June 4, 2012, Malacañang announced the pullout of Philippine ships from Bajo de Masinloc “consistent with our agreement with the Chinese government on withdrawal of all vessels from the shoal’s lagoon to defuse the tensions in the area.”

Diplomatic sources said Fu Ying never committed complete withdrawal of their ships from Bajo de Masinloc as there was resistance from the People’s Liberation Army, an important sector in China’s power structure.

Del Rosario said when he met with Fu Ying during her Manila visit last Oct. 19, “I was very direct in saying that the presence of their ships is in clear violation of our sovereign rights, and they must withdraw their ships at the earliest possible time.”

Fu Ying did not respond, he said.

Chinese ‘occupation’ of Bajo de Masinloc could reduce PH territorial waters by 38 percent

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By ELLEN TORDESILLAS, VERA Files
(First of two parts)

Chinese Surveillance Ships sighted

The Philippines is at a loss over China’s declaration its ships will stay permanently in Bajo de Masinloc, a declaration some experts say could lead to the Philippines losing 38 percent of its territorial waters.

Bajo de Masinloc, a triangular-shaped coral reef formation that has several rocks encircling a lagoon, is located 124 nautical miles west of Masinloc town in Zambales in the northwestern part of the Philippines.

“The shoal is under virtual occupation by China,” said former foreign undersecretary and former Philippine Permanent Representative to the United Nations Lauro Baja.

Foreign Secretary Albert del Rosario confirmed this, saying, “In a subministerial consultation, Chinese Vice Foreign Minister Fu Ying had said to our people that China’s presence was permanent and they had no intention of withdrawing their ships from the vicinity of Bajo de Masinloc.”

The National Mapping and Resource Information Authority (NAMRIA) says Bajo de Masinloc has an area of about 120 square kilometers. It is also referred to as Panatag (calm in Pilipino) by fishermen who seek refuge in the area during stormy weather.

Its international name is Scarborough shoal after the tea-carrying British boat Scarborough which sank in the vicinity in 1784. China also claims ownership of the shoal which is 467 nautical miles away from its mainland, and refers to it as Huangyan Island.

Republic Act 9522, which defines the country’s archipelagic baseline, includes Bajo de Masinloc as part of Philippine territory. The law classifies it as a regime of islands under Art. 121 of the Law of the Sea Convention (LOSC), which means it generates its own territorial sea, exclusive economic zone (EEZ) and continental shelf.

Under UNCLOS, “an island is a naturally formed area of land, surrounded by water, which is above water at high tide.”

An island generates its own maritime regimes, which are 12 nautical miles (nm) for territorial sea, 24 nm for contiguous zone, 200 nm for EEZ and 200 nm continental shelf.

Under this definition, the Chinese claim over Baja de Masinloc means the Philippines risks losing not only the 120-square-kilometer strategically vital reef formation but also some 494,000 square kilometers EEZ, representing 38 per cent of the country’s EEZ.

One of the Philippines’ options to protest the Chinese encroachment is going to the United Nations International Tribunal on the Law of the Sea (ITLOS), the arbitration arm of UNCLOS, of which the Philippines and China are signatories.

Legal experts say the Philippines can ask the ITLOS, which does not deal with territorial disputes, to declare Bajo de Masinloc as a rock rather than an island.

UNCLOS said, “Rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf.”

Retired Philippine Navy Commodore Rex Robles, who has been to the area a few times for gunnery practice, declares that “Panatag shoal is a rock.”

“It cannot support human life. It is not an island,” he concludes.

Lawyer Romel Bagares, executive director of Center for International Law (Philippines), said RA 9522 “does not actually specify whether Bajo de Masinloc consists just of uninhabitable rocks or is capable of economic life pursuant to Art 121 of the UNCLOS. This could be one way of arguing ITLOS has jurisdiction, especially as to the interpretation of provisions. It’s a pragmatic approach, no doubt.”

What is obvious, Bagares said, is that RA 9522 assumes that the shoal is part of Philippine territory in the fullest sense of the term.

Del Rosario said, “To the extent that their three ships are within our exclusive economic zone, this is in gross violation of the DOC and UNCLOS.”

DOC is the Declaration of Conduct of Parties in the South China Sea signed in 2002 by members of the Association of Southeast Asian Nations, four of them part claimants to islands in the South China Sea, and China. UNCLOS is the United Nations Convention on the Law of the Sea.

Baja said, “When our ships withdrew from Bajo de Masinloc in June and now (we) could not access the area, the shoal became under virtual occupation by China. “

Baja, who drafted the DOC with Malaysia’s Abdul Kadir, also said Chinese occupation of the disputed shoal has changed the status quo, contrary to the DOC.

The DOC states: “The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.”

Baja said China is exercising what the International Court of Justice (ICJ) calls “effectivités.” “This is the basis of the Court’s decision on the Ligatan Sipadan case where the court awarded the area to Malaysia over Indonesia. Also the same principle in the case between Chile and Peru and between Nicaragua and Guatemala,” he said.

In 2002, the ICJ awarded sovereignty over Pulau Ligitan and Pulau Sipadan, two very small islands located in the Celebes Sea, off the northeast coast of the island of Borneo, to Malaysia against Indonesia giving weight to the former’s actual and continued exercise of authority over the islands.

Baja said, “We must act and interact before we lose the territory by default and/or estoppel.”

Seven months after China’s occupation of Bajo de Masinloc, the Philippines is still “reviewing” its options.

Asked about the Philippines’ response to China’s declaration it has no intentions of pulling out their ships from Panatag shoal, Del Rosario said, “We are reviewing all our options in accordance with our three track approach encompassing the political, legal and diplomatic means.”

President Benigno Aquino III has refused to discuss publicly the Philippine efforts on Bajo de Masinloc because he said doing so would be “giving the other side a preview of everything that we will do.”

He said, though, in October at a forum by the Foreign Correspondents Association of the Philippines that the matter “is still being studied by our consultants.”

Aquino added, “There are several law firms that we are consulting, conversant and very well thought of and experts in international law, to precisely chart the course of how we will utilize the legal procedures in international law to advance our claims.”

Experts point to two options available to the Philippines: the military option—which is not really an option considering the inferior state of the Philippine Navy compared with China’s naval might—and the legal option.

(To be continued)

Gun ban should go with crime prevention

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By Ace Esmeralda, VERA Files

A .45 caliber pistol like this one was used in the accidental shooting of Stephanie Nicole and in the rampage of Ronal Bae. Photo by SecurityMatters

The election period in the Philippines began Sunday and signalled the start of a nationwide total gun ban expected to minimize election-related offenses, particularly gun-related violence among political groups and clans.

For many, the gun ban brings some relief, especially since the country enters this period with heightened fear of gun-related violence.

The accidental death of 7-year-old Stephanie Nichole Ella in Caloocan City from a stray bullet fired on New Year’s Eve, to the killing of 10 people by an alleged mentally deranged and drug-crazed frustrated village politician in Kawit, Cavite a few days later have prompted calls for a total gun ban, gunless society, taking into the arena issues against gun ownership, regulation and control. Some quarters even associate gun crimes with President Benigno Aquino III’s passion for guns.


Yes, it’s quick and convenient to focus on gun control than to go over many other equally alarming social issues that might lead to the same bloody aftermath. Drugs, gangs, mental health issues and violence can always lead to a killing spree anytime. There are other crimes that contributed to the crime volume. But since our police data are rarely available and reliable, we just have to trust the statement of no less than President Aquino that the total crime volume went down in 2012.

If, indeed, the trend observed by the Philippine National Police is true, gun-related crimes shall likely drop sometime soon. In 2010, when gun ban was strictly imposed, the crime rate incidence fell by nearly 70 percent during the first half of the year compared to the same period in 2009. There are no verified official data that point to politicians as prone to use their protective weapons during election period. However, several politicians died from assassins’ bullets in 2012.

The 2013 Election Gun Ban, in particular, is anticipated to perform better in statistics being coupled with PNP’s police intervention operations. There’s the Oplan Katok program undertaken to recover firearms with unrenewed licenses. After all, police data revealed that 1.2 million of loose firearms accounted for 97.7 percent of gun-related offenses in 2009. Read again, almost all gun-related cases are perpetrated by loose firearms.

Now, does the success of the election gun ban, at least according to PNP data, merit the enforcement of a year-round total gun ban?

Lawless elements will not respect gun bans since they don’t use traceable licensed firearms. Photo by tomskydive

Lawless elements will not respect gun bans since they don’t use traceable licensed firearms.

The election gun ban practically prevents licensed and responsible gun owners from carrying their defensive weapons during the critical months of the election period. Is it the best way to say thanks to them when most of the time they’re not the ones involved in gun-related offenses?

Most likely, the politicians have been given exemptions already.

It is doubtful if an election gun ban type could have prevented the New Year’s Eve firing of guns or the rampage in Cavite. Revellers can still fire their weapons from their private areas and drug-crazed people will forget or disregard a gun ban.

Perhaps the actual implication of a successful Election Gun Ban is not necessarily the call for a total gun ban, but the call for active policing against gun-related offenses.

There’s no need to wait for the election period to actively enforce gun control laws. Most likely, police intervention operations may be integrated in regular policing functions. Or simply doing their job like in Oplan Katok.

Gun control laws are clear: “Illegal manufacture, sale, acquisition, disposition, or possession of firearms, ammunition, or instruments used or intended to be used in manufacture of firearms or ammunition” is deemed punishable by law.

However, the industry of illegal firearm distribution still thrives in the country. This includes the illegal trade of firearms and ammunitions either manufactured locally (in Danao City being the gun capital of the Philippines) or smuggled into the country to supply weapons to insurgents and private armed groups.

It also includes the illegal trade of firearms and ammunitions initiated by corrupt government officials from the police and the military hence the bulk of weapons found in the possession of the Ampatuans in Maguindanao and those in the hands of private armed groups.

Gun ownership laws clearly stipulate in black and white that possession of firearms and ammunition is not just a matter of paying fees at licensing offices. Filipino citizens of at least 21 years of age can obtain a license, provided they are of good moral character. And this is one of the law’s grey areas.

Apparently, Ronald Bae, the shooter who killed 10 people in Kawit, Cavite, passed the good moral character requirement and secured three firearms under his name. Bae, the son of a police officer, had an AK-47 automatic rifle, Elisco M-16 rifle and Sig Sauer.45 cal. semiautomatic pistol although during his shooting rampage he preferred to use an unregistered 1911 .45 cal. pistol.

There’s a high probability that mentally and psychologically unstable persons are prone to violent acts whatever sort of weapon happens to be at hand. Renowned Milwaukee psychiatrist Dr. H. Steven Moffic revealed, “Adding guns and knowing how to use them, to someone with apparent mental problems, surely increases the odds of something bad happening.” No wonder, they may end up causing death or injury to oneself or another.

It’s understood that sensationalism of gun control laws, a gun ban in particular, will ensue in the wake of several incidents of gun-related violence, but is the issue worth the heightened clamor?

According to the United Office on Drugs and Crime (UNODC) and Small Arms Survey published by Guardian News UK on “Gun Murders and Ownership” world list, there were 7,349 cases or 8.93 incidents per 100,000 population of homicide by firearm in the Philippines which accounted for 49.9 percent of murder fatalities. The Federal Bureau of Investigation revealed that there are more homicide cases caused by hammers, knives, fists and clubs than with the use of firearms in the United States.

In a country confronted by diverse criminalities, the government cannot afford to take chances on winning one battle and losing the rest especially when the use of guns is only an offshoot of more serious matters such as illegal drug trade, gambling, robbery, kidnapping, trafficking, extortion, insurgency, and rebellion. Criminals can always resort to other weapons.

Penal laws, as a matter of fact, virtually neglect the choice of weapon in committing crimes even though use of illegal firearms is taken as an aggravating circumstance. What’s for sure is that criminals aren’t likely to face additional charges for illegal possession of firearms and ammunition. Consequently, it undermines the social policy on gun control.

Sooner or later the debate on gun laws will be overshadowed by another issue, but the sad reality remains that the demand for gun ownership will persist as long as social insecurity continuously haunts citizens. Unfortunately, social insecurity is embedded in countries dwelling with widening gap between the upper and lower classes of the society. When the country, despite its best efforts, fails to restore parity, people will likely be armed for a fighting chance to go up the ladder.

The perception that guns are increasing our country’s crime statistics is a manifestation of what we as a public know about guns and crimes. Gun control starts with enforcing what are in our existing laws and amending the regulatory weaknesses that nurture illegal distribution of firearms. The government and the public should focus more on crime prevention when taking into account the state of peace and order.

(Ace Esmeralda is a former Army officer and graduate of the Philippine Military Academy. He is a Certified Protection Professional of the ASIS International and asset protection consultant to several multinational corporations.)

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)

Lolarga and Silverio win 1st Chit Estella awards

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By Eimor P. Santos, VERA Files

In death, Vera Files trustee and journalism professor Lourdes “Chit” Estella Simbulan continues to champion human rights campaign in the country.

The 1st Chit Estella Journalism Awards honored the best journalistic reports on human rights, Dec. 7. This is in line with the celebration of the National Human Rights Consciousness Week with the theme, “My Voice Counts in Ending Impunity: I Work for Human Rights-Based Governance”.

Babeth Lolarga

his year’s awardees were Ina Alleco Silverio of Bulatlat.com for her online story, “Three months after Sendong, Iligan residents still far from rebuilding their lives” and Elizabeth Lolarga of the Philippine Daily Inquirer for her print story, “365 political prisoners go on hunger strike”.

Links to winning stories:

http://newsinfo.inquirer.net/107101/356-political-prisoners-go-on-hunger-strike

http://bulatlat.com/main/2012/03/16/three-months-after-sendong-iligan-residents-still-far-from-rebuilding-their-lives/

The works of Silverio and Lolarga were chosen among seven other finalists, four from online and two from print which were all published between October 1, 2011 and October 1, 2012. The winners each received P10,000 and a trophy, funded by the Simbulan-Estella family, and co-presented by the University of the Philippines Department of Journalism and Vera Files.

The Chit Estella Journalism Awards and and the Memorial Lectures that followed awarding ceremonies are intended to keep alive Simbulan’s ideals of excellent journalism and human rights advocacy.

Simbulan, better known by her byline Chit Estella, died in a vehicular accident May 13 last year on Commonwealth Avenue in Quezon City. She was 53.

Satur Ocampo

Former Bayan Muna Partylist Rep. Satur Ocampo, who was the guest speaker, presented a historical perspective of the human rights situation in the country and its connection with the counter-insurgency campaign of the government.“Araw-araw may nangyayaring paglabag sa karapatan, lalo na ng maliliit na mamamayan (Everyday violations of human rights happen, especially to the common man),” he said Satur Ocampo during the memorial lecture of the said awards ceremony at the UP College of Mass Communication Auditorium.

A journalist with the old Manila Times before the declaration of Martial Law in 1971,Ocampo spent many years in the underground movement and as a political prisoner. He now writes a column for the Philippine Star.

Ocampo called on President Benigno “Noynoy” Aquino to exercise his powers as commander-in-chief of the Armed Forces of the Philippines to end human rights violations, especially now that more and more children are becoming victims. He cited the report of the local rights group Karapatan which revealed that children aged 10-16 are being raped, tortured and illegally arrested by the military.

Human Rights Commissioner Cecilia “Coco” Quisumbing acknowledged the vital role of the media in stopping human rights violations. She enjoined media to “ stay away from press release journalism” and do more research in doing reports.

Estella’s husband, UP Prof. Roland Simbulan, said Chit’s death has led him to another advocacy: road safety. He now heads a group called Families of Road Victims and Survivors, basically a support group but is also working on making roads in the country safe.

(VERA Files is put out by veteran journalists taking a deeper look at current issues. Vera is Latin for “true.”)