Vol. XXII, No. 130 [ BusinessWorld Online ]
Tuesday, February 3, 2009 | MANILA, PHILIPPINES
RACING AGAINST a midyear deadline set by international law, the House of Representatives yesterday approved on third and final reading a measure outlining the country’s baselines, but without a provision adopted by the Senate that would avoid a territorial conflict with other claimant countries of a highly contested area west of the Philippines.
Voting 171-3, the chamber passed House Bill (HB) 3216, or the Archipelagic Baselines Bill, which seeks to enclose the Kalayaan Island Group (KIG) in the disputed Spratly Islands and Scarborough Shoal in the South China Sea.
The Senate version considered these as a regime of islands. During the Senate’s approval of the bill last week, Senator Miriam Defensor-Santiago, foreign relations committee chairman, explained that the regime of islands principle is aligned with several declarations the Philippines signed which established a status quo in claims over the island groups, unless these have been resolved through peaceful means.
The principle recognizes that each island has its own territorial sea, contiguous zone, exclusive economic zone and continental shelf.
Aside from the Philippines, the other claimants to the disputed islands are Vietnam, Malaysia, China, Brunei and Taiwan.
Cebu City Rep. Antonio V. Cuenco (2nd district), chairman of the House committee on foreign relations and principal author of HB 3216, said the House and Senate will start conference committee meetings tomorrow to "address differences" in their versions of the baselines bill.
Ms. Santiago has warned that Manila risks "retribution" from other state claimants if Congress would pass a law that encloses the island groups within the Philippine baselines.
Malacañang has asked for the reconsideration of the House version as early as April last year.
The bill was returned to the committee after the Palace’s appeal and after a protest letter sent by the Chinese embassy.
Mr. Cuenco said they will "seriously consider any changes recommended by members of the bicameral committee."
A law defining the baselines of archipelagic countries is required under the UN Convention on the Law of the Sea. The law should be in force on or before May 13, 2009.
"If we do not meet this deadline, we will lose our claim over KIG as well as the Scarborough Shoal," Mr. Cuenco said in an interview. — Jhoanna Frances S. Valdez
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