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China pressuring Congress to drop Baseline bill—solons

China has been applying pressure on Congress after both of its chambers revived discussions on bills that would demarcate the territorial boundaries of the country, including the areas around the disputed Spratly Islands.

A high-level six-member delegation of the Communist Party of China (CPC) headed by Vice Minister of International Department, Central Committee of the CPC Liu Hongcai is in the country to hold dialogs with legislative heads about issues involving China.

The other members of the delegation include Ai Ping, director general, Asian Bureau of International Department CCCPC, Zhang Xuyi and Rao Huihua, directors, ABID-CCCPC, Chang Jiuqing, Secretary to Hon Liu, and Dai Yuanyuan, interpreter.

Bukidnon Rep. Teofisto Guingona III said Chinese officials have been putting pressure on both chambers of Congress to refrain from “defining the baselines of the Philippine territorial waters.”

Speaker Prospero Nograles, however, said the “relations between the Philippines and the People’s Republic of China remain strong and even getting better.”

Guingona said Chinese officials who had warned against the legislative actions have been acting as if the Philippines is their colony.

An administration House ally also mentioned pressures coming from China over the Archipelagic Baseline Bill pending before Congress.

Rep. Antonio Cuenco, chairman of the House committee on foreign affairs, presented before reporters a copy of a strongly-worded note verbale supposedly coming for the Chinese government warning the Philippine government against the passage of the bill.

Cuenco said at the regular Ayes and Nays Forum on how he was pressured by the Executive Department against approving the controversial bill on third and final reading just days after it was approved by the House unanimously on second reading December 13.

“Three days after the Baseline Bill was approved on second reading, a note verbale from the Chinese government was faxed to my office detailing the protest of China against the bill,” said Cuenco showing a photocopy of the document to the media men. The note verbale turned out to be a two-page unsigned letter entitled Talking Points, warning the Philippines of repercussions in the bilateral relations between the two countries.

“It is learned that the foreign affairs committee of the House of Representatives recently passed a revised draft of Act to Define the Baselines of Territorial Sea of the Philippines, which puts Scarborough Shoal and some Nansha reefs and islands (referred to as the so-called “Kalayaan Islands”) inside the baseline of Philippine territorial sea, and would be submitted to the plenary of Senate and House of Representatives for review and adoption,” the document read. “China is shocked by and gravely concerned with this negative development.”

The document also reiterates China’s “indisputable sovereignty over Nansha Islands including Scarborough Shoal and its adjacent waters.”

It added that the government of two countries, over the years, have exchanged views for many times and reached important consensus on maintaining peace and stability in South China Sea (SCS) through joint efforts and committing both sides to refraining from any action that would lead to complication and escalation of the situation.

The document, also affirmed that China, the Philippines and Vietnam reached a tripartite agreement on joint development in the SCS, in consonance with the Declaration on the Conduct of Parties in the South China Sea (DOC), which was signed by China and Asean countries, committing all signatory countries to exercise self-restrain, to refrain from taking actions that would have negative impact on peace and stability of the region and to deal with the disputes by constructive means.

But the document made clear China’s position on the issue when it stated, “If the Philippine side forcefully puts Scarborough Shoal and some Nansha reefs and islands inside the baseline of the Philippine territorial sea, it will not only be conducive to the stability in the SCS, but also disturb China – Philippine cooperation in the area, exerting negative impact on the healthy development of our bilateral relations.”

“The move taken by the Philippine House of Representatives does not conform to the common interest of our two countries, nor does it serve the interest of the Philippines,” it read further. “Such a unilateral action will neither strengthen the legal position of the Philippine side, now will it be recognized ad accepted by other parties and the international community.”

“We request that the above-mentioned draft not be submitted to the plenary of Senate and House of Representatives,” it further read, openly lobbying against the bill’s passage.

Government agreements with China had been under scrutiny after a Senate inquiry revealed anomalies in the $329 million National Broadband Network (NBN) awarded to Chinese supplier ZTE.

The government had suspended the NBN deal but another controversy erupted over the Joint Marine Seismic Undertaking (JSMU) the government signed with China and Vietnam covering the Spratlys that allegedly included undisputed Philippine territories.

Guingona said that China wanted to revert the bill that would finally define the archipelagic baseline of the Philippines.

When asked how sure Cuenco was that the faxed document came from the Chinese government, Cuenco replied, “I could never doubt its authenticity as it was faxed to me by Philippine ambassador to China, (Ms.) Sonia Brady who claimed it came from the Chinese government.”

Aside from the note verbale, Cuenco disclosed that China’s charge d’ affairs called him up and paid him a personal visit last January to convey China’s position on the issue.

“Now, I am caught in the horns of a dilemma,” was how Cuenco, who said he wants to push through with the approval of HB 3216, described his predicament after the House committee on rules decided to revert the bill back to the committee level for decision.

The Committee on foreign affairs in return, voted 16 – 6 to recommit the bill which means that it would be brought to the plenary which would have to affirm its decision by a vote of majority. Recommitting the bill would mean that it could be then subjected to amendment.

The bill was scheduled to be deliberated on the floor yesterday.

HB 3216 which adopted option 4 among three others, would effectively declare the Philippine archipelagic baseline boundary to include the Kalayaan Island Group, Spratlys and the Scarborough Shoal and would set the baseline territory of the country at 12-mile territorial sea, 24-mile contiguous zone and 200-mile Exclusive Economic Zone.

Cuenco describes option 4 as the bolder version unlike the three other which he said are too moderate. Option 2, which China is reportedly pushing for, encloses the main archipelago while treating the contested islands as mere regime of islands.

For her part, Rep. Janet Garin warned her colleagues against the passage of the bill which could antagonize China.

To ease tension, Cuenco proposed that the discussion for the controversial bill be deferred at least until the Lenten break is over.

“I propose that we do not touch the bill to allow a cooling off period,” Cuenco said. “Maybe after Lenten break let us hold an all parties caucus. I’m asking only for three or four weeks”

In a separate interview, Speaker Nograles downplayed the alleged note verbale from China and the visit the Chinese charge d’ affairs paid to Cuenco saying those things are normal.

Gabriela Women’s Party Representative Liza Maza scored the committee on foreign affairs for the cancellation of its meeting on Thursday to supposedly discuss the JMSU and the questions surrounding the constitutionality of the said agreement.

Two days ago, Pamalakaya filed a 7-page diplomatic protest at the Consular office of the Chinese Embassy in Makati City.

“It seems to us that the Chinese government and its client monopolies in and out of China who want their capital to accumulate in accelerating proportions have seen a goldmine in President Arroyo’s uncontrollable greed, and are using this kind of rotten statesmanship and governance to further their economic and financial agenda in the Philippines,” the group said in its diplomatic protest.

Pamalakaya asserted the JMSU will allow Chinese oil corporations to undertake offshore mining in Philippine claimed territories in the Spratly is a gross violation of our people’s sovereign rights and the country’s national patrimony.

The group likened to the joint agreement to an aggression and plunder by foreign power against a nation of people fighting against any kind of form of foreign invasion and exploitation, whether it is political, military or economic as in the case of the RP-China Spratly deal on offshore mining.

Pamalakaya asserted that these territories, which China intends to explore for offshore mining activities are the breeding and spawning grounds of Philippine tuna and other marine species.

Nograles stressed that RP-China relations are “etched on a long and rich tradition of trade and cooperation,” as he elicited the support of the Chinese to strengthen economic and political ties between the cities and provinces of both nations.

“Let us develop sisterhood ties to further push socio-economic and political ties,” he urged the visiting officials who thanked the Philippine government for maintaining the One-China principle and expanding party-to-party exchanges.

Liu and the Speaker underlined the “close relationship and frequent exchanges since 2001” between the CPC and the Lakas-CMD and extending said exchanges to the local government level.

“Our common stride to promote closer and stronger party-to-party relations would certainly redound to a more progressive bilateral relations between our governments and peoples, and further regional harmony and cooperation,” Nograles said.

Lakas leaders present were Reps. Roque Ablan, Zenaida Angping, Lorna Silverio Victor Yu, Edwin Uy, Reynaldo Uy, Ma. Theresa Bonoan-David, Reno Lim, Emil Ong, Rex Gatchalian, Glenn Chong, and Rolando Uy among others. Also present was former Rep. Harry Angping.

By Gerry Baldo By Gerry Baldo

Source:  http://www.tribune.net.ph/headlines/20080313hed5.html

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