4/24/2012

Why China is Unwilling to Submit to UNCLOS



"China’s ethnocentric reading of the past neither bolsters its territorial claims in the South China Sea, nor helps to promote peace with its neighbors." --Philip Bowring


China's selective reading of history weakens its South China Sea claims
By Philip Bowring, a Hong Kong-based journalist and commentator
South China Morning Post News

The tendency of the Communist Party government in China, as elsewhere, to rewrite history to reflect changes in personnel or ideology is well known. Less noticed, however, is the tendency to rewrite national history to justify expansionist foreign policies. The recent stand-off between Chinese and Philippine ships is a case in point.

The confrontation resulted from Philippine attempts to arrest Chinese vessels fishing in the area of what is known in English as the Scarborough Shoal, to China as Huangyan Island, and to the Philippines as Panatag Shoal. This is a collection of rocks, reefs and lagoons in the South China Sea about 200 kilometers west of Subic Bay, the former US naval base. It is approximately three times that distance to the mainland of China and more than twice that to Taiwan.

Thus, it lies clearly within the Philippines’s exclusive economic zone of 200 nautical miles (370 kilometers). Chinese vessels would have a right to fish in its waters if the shoal could be shown to be genuinely Chinese.

China’s case as expounded by the Foreign Ministry is one where the only history that matters is Han Chinese. Its claim reads: “It is China who first discovered Huangyan Island” and “drew into China’s map in China’s Yuan dynasty (1271-1368AD)”. This is like Europeans claiming that they got to Australia before the Aboriginals or the Americas before Native Americans.

As China in particular should be well aware, 700 years is not very long. Chinese were actually latecomers to navigation beyond coastal waters. For centuries, the masters of the oceans were the Malayo-Polynesian peoples who colonized much of the world, from Taiwan to New Zealand and Hawaii to the south and east, and to Madagascar in the west. Bronze vessels were being traded with Palawan, just south of Scarborough, at the time of Confucius.

When Chinese Buddhist pilgrims like Faxian went to Sri Lanka in the 5th century, they went in ships owned and operated by Malay peoples. Ships from what is now the Philippines traded with Funan, a state in what is now southern Vietnam, 1,000 years before the Yuan dynasty.

China makes much of the early 15th century expeditions of Zheng He to the Indian Ocean and Africa. But Indonesians had been crossing that ocean at least 1,000 years earlier, settling in Madagascar, the fourth-largest island in the world. Their twin-outrigger ships enabled quite swift passage across the ocean, and the Indonesians also left their mark on the coast of Africa before being supplanted by Indian and then Arab traders.

It is absurd to imply that the ancestors of today’s Filipinos were unaware of the Scarborough Shoal, which lay relatively close to their shores and on the route to Vietnam. No one settled there because the rocks are, for practical purposes, uninhabitable. The fact that it was put on a map in 1279 does not make it Chinese any more than Taiwan was Chinese until occupation by and settlement from the mainland some 300 years ago. For the preceding 4,000 years, Taiwan had been the domain of Malay peoples related to today’s Filipinos.

China also justifies its claims to Scarborough Shoal by reference to the Treaty of Washington (1900) and the Treaty of Paris (1898) between the old colonial power, Spain, and the new one, the US. It is bizarre to find China, which is so keen to deem colonial-era treaties as “unequal”, resorting to them to make its case. Beijing argues that because there is no mention of Scarborough/Panatag/Huangyan in either treaty, it was not included in Philippine territory.

Given the number of islands comprising the Philippines, this is irrelevant. The treaties both refer to the “Philippine archipelago” and by any normal definition of archipelago, Scarborough falls within that, even if it is marginally to the west of longitude 118 degrees east mentioned in the treaties.

The weakness of China’s case explains why it is not prepared to discuss overlapping claims with its regional neighbors as a group, and why it will not submit South China Sea issues to international arbitration under the terms of the UN Convention on the Law of the Sea. In the case of the (never inhabited) Scarborough Shoal, its claims would almost certainly be rejected.

The fact that China has a long record of written history does not invalidate other nations’ histories as illustrated by artifacts, language and genetic affinities, the evidence of trade and travel. Indeed, advances in science are uncovering huge areas of unwritten history of people who either had no writing or, as in the case of the Indian-derived scripts found in pre-colonial Southeast Asia, including the Philippines, were written on palm leaves and other materials which decayed long ago.

China’s current power may make such issues of actual history irrelevant. But if it wishes to be respected by its Southeast Asian neighbors, and in particular the 400million Malays of the island states (Indonesia, the Philippines, Brunei and east Malaysia), it had better develop some respect for their history. Han sense of superiority may seem justified by the role of overseas Chinese commerce – much helped by Western colonialism – in modern times. But it cannot be assumed to be permanent and is a poor basis for regional peace.

In Hong Kong, this sense of superiority is even proclaimed by the government in attitudes to brown Asians, be they Afghanistan’s cricket team or the warning against travel to the Philippines. “Asia’s world city” should feel ashamed.
         

3/21/2012

Specks and planks in our eyes


It’s up to Senate to let presentation of Aquino SALNs
By Karen Boncocan
Inquirer.net

Manila, Philippines—It is up to the Senate, sitting as an impeachment court, if it would allow the defense to present the statements of assets, liabilities and net worth (SALN) of President Benigno Aquino III and other government officials during the proceedings.

This was how the spokesmen of the prosecution panel saw the issue on discussing other officials’ SALNs through the defense panel’s request for subpoena of testimonies from members of the Philippine Center for Investigative Journalism (PCIJ), specifically for the purpose of baring documents used in three stories “SALN: Good law, bad results,” “Great filers, big barriers” and “House of Secrets”.

Marikina Representative Romero Quimbo said that if allowed, the Senate would fall into “the very trap that is being laid out by the defense” which sought to “divert the attention” of the public by trying to expose whether other government officials have failed to declare assets in their SALNs.

“I think what is important is that the Chief Justice is not just accused of omitting entries… [he] is accused of completely lying under oath.”

Quimbo pointed out that Corona, for years, skipped the declaration of his properties in his SALNs “which he is supposed to do under oath. This is a clear act on the part of the Chief Justice to completely violate the SALN law and actually lie under oath. That is the accusation as far as we are concerned.”

“I think the Senate has also mentioned that the SALNs of the different other public officials are irrelevant to this case,” Deputy Speaker Lorenzo TaƱada III said, adding that should the impeachment court approve the request for subpoena, the prosecution “will just have to abide by whatever the impeachment court will decide.”

“We’ve always said that the SALNs of other public officials are not an issue here [but that of Corona].”

Prosecutors filed on Monday, an opposition on the said request for subpoena by Corona’s lawyers, and Quimbo said that they would continue to “oppose any diversionary tactic on the part of the defense.”

He said that it was irrelevant to the case whether other officials violated the SALN law since for them “there’s always a remedy. Bring them to the Ombudsman, file an ethics case.”

In Corona’s case, there was only the impeachment, explained the spokesman. “We are going through that today, let us not be distracted.”

He said that if the defense really wanted to bare SALNs of other public officials, “tingin ko pinakamaganda nilang ipakita ay iyong mga SALN na hanggang ngayon ay hindi pa natin nakikita. Iyong SALN ng iba pang mahistrado ng Korte Suprema.”

“Buksan ang SALN ng iba’t ibang opisyal. Simulan kaya natin doon sa SALN ng mga Supreme Court justices na up to today ay hindi pa rin nakikita.”

* * * * * * *

A PCIJ report on the failure of members of the House of Representatives to live up to the same standards they are imposing on Chief Justice Renato Corona, whom they impeached for failure to make public his statement of assets liabilities and networth. PCIJ found out that only two congressmen have voluntarily made public their SALN; none of the House prosecutors have made their SALN public.



* * * * * * *

Now that Corona’s controversial SALN has been made public and P-Noy has challenged him to justify the discrepancies there, it behooves P-Noy, too, to comment on his own net worth, based on his SALN. As shown in Corona's SALNs from 2002, when he entered the SC as associate justice, the CJ's net worth increased pretty steadily in small increments until 2010, when it increased by 57.5 % over his 2009 worth.

On the other hand, P-Noy should explain why his net worth maintained a small but very steady increase every year since 1998, when he became a member of the House for nine years and for three years as senator; but suddenly it registered a whopping 250% increase in 2010, when he became President with his government salary of P820,000 a year.

Read full story at: Tale of Two SALNs

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Government officials' SALNs. This is the real issue. When this impeachment trial is over, how can we Pinoys honestly say that we have rendered a fair judgement (guilty or otherwise) on one government official based on his SALN if we do not apply the same standard of judgement also to other officials of the government? The law concerning SALNs must be used fairly and must also be applied equally to every officials of the government starting from the highest position of the land to the lowest. What is achieved if CJ Corona is judged guilty of violating the law on SALN while other government officials are practicing the same violation and are equally guilty of the same mistake if put under the same scrutiny as the impeachment court?

If there is one thing good that this impeachment trial may bring, it is this: Real public accountability for all government officials, not just CJ Corona. The public trial has turned in such a way as to self-judge every participant of the trial, namely, the accused, the senator-judges, the prosecutors, the defense, the witnesses, and even the spectators.

In the Lord's way of justice, the essence of His judgement starts with giving every person the realization and opportunity for self-evaluation so that one could judge his neighbor as according to how he judge himself. If we are willing to judge a person according to one standard, then we must also be willing to submit ourselves to that same standard.

"Why do you look at the speck that is in your brother's eye, but do not notice the log that is in your own eye? How can you say to your brother, 'Let me take the speck out of your eye,' when all the time there is a plank in your own eye? You hypocrite, first take the plank out of your own eye, and then you will see clearly to remove the speck from your brother's eye." (Mathew 7:3-5)
           

2/10/2012

This was how it was then. How is it now? Has anything really changed?

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"All things are subject to interpretation whichever interpretation prevails at a given time is a function of power and not truth." —Friedrich Nietzsche

"It’s not a matter of what is true that counts but a matter of what is perceived to be true." —Henry Kissinger

"The greatest friend of truth is time, her greatest enemy is prejudice, and her constant companion humility." —Chuck Colson

"Not when truth is dirty, but when it is shallow, does the enlightened man dislike to wade into its waters." —Friedrich Nietzsche

"The masses have never thirsted after truth. Whoever can supply them with illusions is easily their master; whoever attempts to destroy their illusions is always their victim."
Gustave Le Bon

"The foulest damage to our political life comes not from the ‘secrets’ which they hide from us, but from the little bits of half-truth and disinformation which they do tell us. These are already pre-digested, and then are sicked up as little gobbits of authorised spew. The columns of defense correspondents in the establishment sheets serve as the spittoons."
E.P. Thompson

"From the cowardice that shrinks from the truth; from the laziness that is content with half-truths; from the arrogance that thinks it knows all truth – oh God of Truth deliver us!"
Anonymous