|
AMID
Beijing’s protest against the bill establishing the
Philippines’ territorial baseline, the country should
not be negotiating with any party in relation to the
issue, since it is the country’s right to do it.
Thus,
said former senator Leticia Ramos Shahani, the first
legislator to sponsor the archipelagic bill during the
watch of former President Corazon Aquino.
“This
exercise of drawing a baseline is a unilateral
declaration of a state party to the convention. We
should not be negotiating at this point with any party,
that is our right to declare it but we must be guided by
United Nations Convention on the Law of the Sea [Unclos],
otherwise aawayin din tayo,” said Shahani in an
interview with the hosts of the radio program
Karambola on dwIZ.
“So I
think before the Chinese tell us to stop doing what is
really a unilateral declaration, they should have more
conversation at more informal level,” she added.
Shahani
was reacting to China’s note verbale to the Philippine
Embassy in Beijing in December 2007, right after the
House of Representatives passed on second reading House
Bill 3216, or “An Act Defining the Archipelagic
Baselines of the Philippine Archipelago, Amending for
the Purpose Republic Act 3046, as Amended by Republic
Act 5446.”
Shahani
said the government, especially the legislators, should
not give in to the dictates of the Chinese.
Lakas
Rep. Antonio Cuenco of
Cebu, chairman of
the House Committee on Foreign Affairs and author of HB
3216, wants an all-party caucus to resolve the issue.
The bill was shelved and was not passed on the third and
final reading, apparently because of pressure from
Beijing.
But
Cuenco clarified Thursday that the bill was shelved
owing to the comment of former solicitor general
Estelito Mendoza, the government’s adviser on the
matter, that the bill might not comply to the guidelines
set by Unclos, the agreement signed by the
Philippines
with 82 countries concerning archipelagic baselines.
The bill
included the Kalayaan Islands Group and Scarborough
Shoal in the country’s baseline. This was described by
Cuenco as radical position.
“Sinabi
ni Mendoza hindi puwede ang baseline natin,
nakausli kasi. Kung isasali natin ang Scarborough
Shoal katabi lang ng Pilipinas. Pero ang baseline
dapat straight, hindi puwedeng uusli sa kaliwa
o kanan. Irregular eh, kung isasali natin iyan
hindi tatanggapin iyan, saka iyong Nansha
nakausli din. Pero ang claims natin diyan
will remain, kasi isasali natin iyang dalawang lugar
na iyan in a regime of islands…iyan ang
suggestion ni Mendoza,” Cuenco said.
Shahani
said the ball is now in Cuenco’s court.
“The
ball is in Tony Cuenco’s court. But I think he would be
a wimp if he gave in to the Chinese as an elected
representative of the Cebuanos. You know what I mean. A
foreign country should not dictate on us. We should be
the ones to say what we should do in this situation and
not to give in to the Chinese. Ngayon kung halimbawa
may kakulangan sa ating declaration sa UN,
ayusin natin because of our national interest, not
because the Chinese dictating on us to do it,” Shahani
said.
Also,
Shahani said that if the Legislative, the Executive and
the Judiciary would not reconcile on the matter, the
establishment territorial baseline will be in trouble.
“Kung
walang kasunduan sa gobyerno between the Executive,
the Legislative and the Judiciary talagang papalpak
iyan, so kaya nga importante dapat ang Pangulo natin,
ang Malacañang, siya talaga ang dapat nakatutok
diyan,” Shahani said.
Cuenco
said what he and other legislators may do is to do some
modifications of the bill by meeting in an all-party
caucus.
But
personally, he said he is in favor of the third reading
approval. However, he said he was outvoted.
“So the
solution here is for us to meet in all party caucus
after the Lenten break. We are only asking for a month’s
delay,” he said.
Speaker
Prospero Nograles said the House needs a plenary action
on the matter.
“Ibig
sabihin, sa floor iyan. Pagbobotohan pa naming
yan kung ibabalik sa komite o hindi. Ganoon ang
status,” Nograles said. |