Tuesday, June 21, 2011

Joint Marine Seismic Undertaking (2004)


An Agreement for Joint Marine Seismic Undertaking in Certain Areas in the South China Sea by and between China National Offshore Oil Corporation and Philippine National Oil Company (Copy furnished by Sen. Panfilo Lacson)

http://www.inquirer.net/specialfeatures/spratlys/documents/documents.php

PH ‘invaded’ Spratlys in 1970s, China tells UN

April 21, 2011 05:57:00
Philippine Daily Inquirer

MANILA, Philippines--China countered a Philippine diplomatic protest at the United Nations by saying it has indisputable sovereignty over the Spratly islands that the Southeast Asian country “started to invade” in the 1970s.

China’s diplomatic note to the UN, a copy of which was seen by The Associated Press on Tuesday, said the Philippine occupation of some islands and reefs in the Nansha islands infringes on China’s sovereignty. The Spratlys are known to the Chinese as Nansha islands.

A Philippine protest filed to the UN earlier this month said China’s claim to islands, adjacent waters, seabed and subsoil in the South China Sea had no basis in international law. The territorial claims were detailed in a map submitted to the UN in 2009.

The Philippines, China, Brunei, Malaysia, Taiwan and Vietnam claim in whole or in part the Spratlys—a group of islands, reefs and atolls in the South China Sea believed to be sitting atop vast oil and gas reserves.

Vietnam and Malaysia filed protests in 2009 against China’s map, and Indonesia, a nonclaimant to the disputed territory, also protested last year.

The protests are registered with the UN Commission on the Limits of the Continental Shelf, which will help mediate conflicting claims on territories.

‘Totally unacceptable’
China said the contents of the Philippine diplomatic note “are totally unacceptable to the Chinese government.”

The Philippines has said the Kalayaan Island Group in the Spratlys was an integral part of the country, which has sovereignty and jurisdiction over nearby waters and geological features under the international law principle that land dominates the sea.

China said the Kalayaan Island Group was part of its Nansha islands and its sovereign and related rights were supported by abundant historical and legal evidence.

It said before the 1970s, the Philippines never made any claims to the islands in a series of treaties defining its territory.

“Since the 1970s, the Republic of the Philippines started to invade and occupy some islands and reefs of China’s Nansha islands and made relevant territorial claims, to which China objects strongly,” said China’s April 14 note to UN Secretary General Ban Ki-moon.

China said the doctrine that a legal right cannot arise from an unlawful act applied, thus the Philippines could not rightfully claim the islands.

Asked for comment, the Department of Foreign Affairs (DFA) Wednesday said the note verbale sent by the Philippine Permanent Mission to the UN “speaks for itself.”

“We should leave it at that,” DFA spokesperson J. Eduardo Malaya told the Inquirer. Reports from Associated Press and Jerry Esplanada

http://http://www.inquirer.net/specialfeatures/spratlys/view.php?db=1&article=20110421-332362

China’s intrusions are connected to Gloria Arroyo’s deal



by Ellen Tordesillas

The current word war between the Philippines and China is another proof of the continuing   curse of Gloria Arroyo on the Filipino people.

The latest series of diplomatic protests lodged by the Philippines with China and submitted also to the United Nations have its roots to the controversial Joint Marine Seismic Undertaking entered into by the Arroyo government with China in 2004 which allowed China and later on Vietnam to explore not only the Philippine-occupied islands in the disputed mineral-rich Spratlys but areas that are clearly Philippine territory.

The JMSU was signed during Gloria Arroyo's 2004 visit to China which paved the way for the signing of at least two  graft-riddled deals : North Rail and national broadband network with ZTE agreements.

Last March, the Philippines filed a diplomatic protest when two Chinese patrol boats intruded into Reed Bank in Western Palawan where a seismic survey is being conducted by the Department of Energy with a private firm. The Philippine Navy in Western Command had to come in and drove away the Chinese ships in what Philippine officials assert as "Philippine territory."

It was followed by  a much-delayed protest last April  by the Philippines over China's nine-dash line map submitted to the United Nations Commission on the Limits of the Continental Shelf. China's map, submitted  to the U.N on May 7, 2009 supports their claim that the whole South China belongs to them including the Spratly islands which are being claimed in part by the Philippines, Vietnam, Malaysia, Brunei and Taiwan.

This month, the Philippines again protested the discovery on Amy Douglas that the Chinese have erected a number of steel posts and placed a buoy near the breaker of the bank also known as  Iroquois reef.  The Philippine Navy reported that Chinese ships were seen unloading building materials.
The Philippine Navy had removed the posts and the bouy.

After the Amy Douglas protest, the Philippines again filed another diplomatic protest over a February 2011 incident when two Philippine fishing vessels were fired upon by Chinese warships at Jackson Atoll. The fishermen sought the help of the Philippine Navy which accompanied them back to the area to retrieve their anchors.

The Navy reported seeing Chinese fishermen exploiting the marine resources in the area.
Philippine officials said all the areas that Chinese armed ships intruded lately were within the Philippines 200 nautical miles Exclusive Economic Zone. The Chinese, on the other hand, asserted its ownership over areas covered by the South China Sea.

This prompted the Philippines to adopt the term "West Philippine Sea" referring to the same areas in the same manner that Vietnam refers to the same area as East Asia Sea. (India, by the way, does not claim ownership of the Indian Ocean.)

Foreign Secretary Albert del Rosario and Defense Secretary Voltaire Gazmin are alarmed by the latest pattern of intrusions.

They don't want another Mischief Reef to  happen. In 1995, the Philippines discovered military-type structures on Mischief Reef, 150 nautical miles west of Palawan and 620 nautical miles southeast of China.
Despite Philippine protest, China never left Mischief Reef and has even expanded its fortifications in the island complete with h parabolic antennas and machine guns.

There's another thing that concerns the Aquino government.

When Del Rosario met with the Chinese Embassy charge d'affaires last May 31 over the Amy Douglas intrusion, he  conveyed the Philippine government's  concern over reports in Chinese state media about China's planned installation of its most advanced oil rig in the South China Sea next month.

Diplomatic sources said China's planned oil exploration is related to the JMSU which was not continued after the first phase because of questions of legality (the case is still pending with the Philippine Supreme Court) because the project included areas that were not disputed. Under the Constitution, "exploration. Development, and utilization of natural resources shall be under the full control and supervision of the State."

To go around the constitutional prohibition, the government changed the word "exploration" to "seismic survey."

The initial exploration/ seismic survey  to find out how much resources are there in the area. Based  on  the results, the Philippines, China, and Vietnam are supposed to jointly  develop the resources.  The Chinese provided the ships, Vietnam the scientists and the Philippines interpreted the data gathered.

With the information gathered from the survey, it was expected that development of the area would proceed. China's recent moves are seen as moving to the next phase of the project.The Philippines government, on the other hand, is stopped by questions on the legality of the  project.

Under the JMSU, Reed Bank, said to contain about 3.4 trillion cubic feet of natural gas and 440 million barrels of oil, is included. The Philippines now insists it is Philippine territory and not part of the disputed areas.

Oppositors to the JMSU had expressed concern that by entering into the project, the Philippines surrendered sovereignty over the resource-rich area and strengthened China's claim over it.

There were  allegations  that the Arroyo government's sell-out of  Philippine sovereignty  in  West Philippine Sea was connected to a number of  multi-million Chinese  loans for  projects  that became riddled with  graft and corruption.

That's  one of the crimes of Gloria Arroyo against the  Filipino people.

http://ph.news.yahoo.com/blogs/the-inbox/china-intrusions-connected-gloria-arroyo-deal-022615422.html