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  • House to ‘study carefully’
    Palace’s proposal on KIG
     
    By Fernan Marasigan
    Reporter
     

    SPEAKER Prospero Nograles on Tuesday said Malacañang should give assurance it can guarantee that its request that the Kalayaan Island Group (KIG) and Scarborough Shoal should be treated as a “regime of islands” and not a part of the country’s archipelagic baseline will not endanger the country’s legal claim on the disputed areas in the South China Sea.

    “The House may seriously consider Malacañang’s proposal but we want to make sure that it will not have any repercussion on our claims. Once we submit our baseline to the UN, it becomes a permanent record, so we really have to balance this issue very carefully,” said Nograles.

    House Bill 3216, or An Act Defining the Archipelagic Baselines of the Philippine Archipelago, Amending for the Purpose Republic Act (RA) 3046, as Amended by RA 5446, is scheduled to be passed on third and final reading when session resumes on April 21.

    Executive Secretary Eduardo Ermita, in a letter to Nograles dated April 4, reaffirmed the position of the Executive on the Philippine archipelagic baseline, which is “to enclose the main archipelago within the baselines and treat the Kalayaan Group of Islands as a regime of islands.”

    Nograles said that while he supports Malacañang’s position on the baselines bill, there is a need to consider the possibility that it can also be wrong.

    “Malacañang can be right, but it can also be wrong. We have to be very careful about this,” he said.

    The Speaker said he wants to find out if the other claimants—including China, Vietnam, Brunei, Indonesia, Malaysia and Taiwan—do have not legislated territorial lines similarly putting enclosures in the disputed areas.

    He said he also wants to know if the other claimants have already submitted such documents to the United Nations.

    Nograles said that removing the provisions in the baselines bill that defines the country’s baselines to include areas in the disputed territories should be carefully studied because this can run in conflict with our present territorial claims in the South China Sea.

    “I advised House foreign affairs chairman Antonio Cuenco to study this very carefully and look at the merits of the executive position on the law on baseline,” he said.

    “This baseline bill, once it becomes a law will be a permanent document that will be submitted to the UN and we don’t want to weaken our claim on these territories based on technicality,” he added.

    Nograles said that he would defer to the wisdom of Cuenco as he pointed the need to come out with the baseline law in compliance with the United Nations’ May 2009 deadline for the submission of the country’s claims to extended continental shelf areas.

    “Congressman Cuenco’s committee is in the best position to make a stand on this issue because it has conducted exhaustive hearings and studies which may go for or against the position of Malacañang,” Nograles said.

    Besides, Nograles said that ultimately it would be the UN Convention on the Law of the Sea and the international courts that would judge whether the measure complied with international law.

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