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UNIT 2: POLITICAL ISSUES AND PEACE AND ORDER
LESSON/CHAPTER 8: Territorial and Border Conflicts
RECAPITULATION:
Migration is the movement of people from one place to another, whether it be internal
or external; permanent or temporary due to reasons.
Migration has always been the one-size-fits-all solution of Filipinos to economic
hardships they face every day.
OFW remittances have always been a huge contributing factor to our economy,
accounting for an average of nearly 10 percent of gross domestic product in the last
decade.
Knowledge is power. That we can better response to these issues if we have proper
knowledge, especially on labor rights as we are entitled to it even migrants.
International Convention on the Protection of the Rights of All Migrant Workers and
Members of their Families (in accordance to UN Universal Declaration of Human Rights)
MOTIVATION: (Blank Map)
Since our topic is all about territorial and border conflicts, let us test how much you
know about Philippines and its neighboring countries. As a challenge, in a group with 3
members, fill the countries in the blank map of southeast Asia within 5 minutes…
LESSON INTRODUCTION:
“The worst violation of reason is the violation of common sense. When one violates the law or
the Constitution, a lawyer will always be able to defend him. But when one violates common
sense, no lawyer can defend him. And the common sense will be competent to judge him.”
- Common sense refers to a sound, practical judgement concerning everyday matters, or a basic
ability to perceive, understand, and judge in a manner that is shared by nearly all people. If a
person violates his common sense, no judge can defend him for the reason that we humans are
rational beings. To think is human and it is something that we should all normally do. No matter
how good your defender is, once you violate the nature of human which includes the use of
common sense, you are not living up what it means to be human endowed with rationality.
Indeed, our rationality is what differentiates us from other forms of living things.
- In relation to territorial and border conflicts, just like what Allan Paguia published in the
newspaper of Manila Times, our territorial rights are all based on rationality that even our
common sense is enough to explain it. First is the territorial dispute with North Borneo
between Philippines and Malaysia. The Philippines derives its claim to North Borneo from the
Sultanate of Sulu, which once ruled the southernmost region of the Philippines. The Sultanate
asserts that the territory of North Borneo was a gift from the Sultan of Brunei, as a reward for
Sulu’s aid in a war in the 1600s. On the other hand, Kuala Lumpur, Malaysia insists the British
North Borneo Co.’s payments were installments to purchase the territory from Sulu. In that
case, sovereignty was transferred to Malaysia when it succeeded British Malaysia. Another
Malaysia is even paying a rental fee on Sabah to the heirs of the Sulu Sultanate which answers
already the 60-year dispute.
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Same with, West Philippine Sea, Kalayaan Group of Islands or Spratly Islands and Bajo de
Masinloc or Scarborough Shoal. Not like other countries, it’s a common sense that we will only
fight for our rights if we really have a valid claim to such territory. Knowing Philippines, we can’t
make a big mistake from false claims because our country doesn’t even have enough military
resources when in worst case scenario something bad might happen like war or violence against
each other.
- Territorial dispute has been a persistent challenge in the realm of international relations, often
stemming from historical grievances, conflicting national interests, or ambiguous borders.
Knowing the relative location of the Philippines, our archipelagic territory is surrounded by
numerous countries with powerful political and economic influences. That’s why our strongest
weapon is diplomacy where we send our Filipino representatives to peacefully negotiate with
the representatives of the concerned countries. That despite our ideological differences, we still
choose to fight for our rights while at the same thing doing our best to maintain our peaceful
international relationships. However, diplomacy is mostly the choice of politically-weak
countries while the powerful countries find it ineffective and may even choose aggression as
their policy. Good thing is we have international organizations to mediate in those aggression
challenges.
LESSON PROPER:
THE DISPUTED TERRITORIES
- Let us define first what territory is. It’s a geographic area belonging to or under the jurisdiction
of a governmental authority. We actually have three domains: territorial, fluvial, and aerial.
Terrestrial domain refers to the land areas under the jurisdiction of the Philippines. Next is
fluvial domain refers to the water, including the internal waters connecting the different islands
in the Philippine archipelago. Lastly, aerial domain refers to the air or the clean area above our
lands and waters where our aircrafts could freely fly. According to the Article 1 of 1987 PH
Constitution…
The national territory comprises the Philippine archipelago, with all the islands and waters
embraced therein, and all other territories over which the Philippines has sovereignty or
jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea,
the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around,
between, and connecting the islands of the archipelago, regardless of their breadth and
dimensions, form part of the internal waters of the Philippines.
As long as within our national territory and under our national sovereignty. We have the right to
enjoy its fruits and no country no matter how powerful can claim it. However, due to the
importance of land, air, especially water in international trade, economic stability, and food
production for the survival of all citizens… conflict arises making them disputed territories
where countries are having disagreement on who should be exercising sovereignty over such
territory.
THE WEST PHILIPPINE SEA
- The conflict between China and the Philippines in the West Philippine Sea (a.k.a. the South
China Sea) is the result of years of territorial dispute over the Spratly Islands – a group of islands
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and reefs that multiple countries have claimed as their own. Strategically, the Spratly islands are
located along major trade routes, valuable as fishing grounds, and a source of other natural
resources like oil. Vietnam, Taiwan, Malaysia, and Brunei also lay claim to the Spratlys citing
historical records and more.
- West Philippine Sea is located in the west of the Philippines, and is only part of the bigger
South China Sea. The term is used to refer to the waters included in the Philippines’ exclusive
economic zone (EEZ) which covers up to 200 nautical miles (370 kilometers) from the Philippine
shores. WPS was first used by the Philippine government in 2011 for purposes of the national
mapping system as well as to symbolize its disagreement with China’s sovereignty claim over
the whole South China Sea. It was instituted after late President Benigno Aquino III promulgated
Administrative Order No. 29 series of 2012. It states that all the maritime areas on the western
side of the Philippine archipelago as enclosed by the archipelagic baselines drawn in accordance
with Republic Act no. 9522 are referred to as the West Philippine Sea. On the other hand, South
China Sea, for Chinese, encompasses a surface area of 3.5 million square-kilometers (1.4 million
square miles). Within it is the West Philippine Sea. SCS is located south of China and Taiwan;
West of the Philippines, Indonesia, and Brunei; north of Malaysia; and east of Vietnam. The
countries surrounding SCS are also the countries that have claims over it. However, China is the
only one claiming the entirety of the whole disputed territory, including our West Philippine Sea
within.
- In addition, the United Nations Convention on the Law of the Sea (UNCLOS) provides a
definition of Exclusive Economic Zone (EEZ) which is crucial in resolving the conflict between
countries particularly in China and the Philippines. Under the Article 55 of UNCLOS, the
exclusive economic zone is defined as an area beyond and adjacent to the territorial sea, subject
to the specific legal regime established in this part, under which the rights and jurisdiction of
the coastal State and the rights and freedoms of other States are governed by the relevant
provisions of this Convention. While Article 57 states that the breadth of the EEZ shall not
extend beyond 200 nautical miles from the baselines from which the breadth of the territorial
sea is measured.
CHINA’S CLAIM:
China’s claim is based on a historic nine-dash line, which came from the initial U-shaped eleven-
dash line originally published by the government of the Republic of China (Taiwan) in December
1947. The line, it said, is a historical demarcation of its continental shelf, although the line itself
has no fixed coordinates. Currently, the “nine-dash line” which appears in Chinese maps, claims
a majority of the South China Sea as part of China’s national boundary and asserts sovereignty
over the islands within and the adjacent water. This has emboldened China to build artificial
islands in the Spratlys, damaging the ecosystem of the West Philippine Sea in the process.
However, China’s self-proclaimed demarcation contradicts the UNCLOS.
PHILIPPINES’ CLAIM:
Meanwhile, the Philippines is claiming only a part of the South China Sea—that is the West
Philippine Sea. In its claim, the Philippines cites historical documents, the United Nations
Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Ruling. Among records that
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the Philippines bases on is a historical map that was called the Velarde map. It was first
published in Manila in 1734 by Jesuit cartographer Pedro Murillo Velarde, engraver Nicolás de la
Cruz Bagay and artist Francisco Suárez. Interestingly, the map featured not only the West
Philippine Sea but also the Scarborough Shoal, which is located 220 kilometers away from
Luzon. Meanwhile, the 1982 United Nations Convention on the Law of the Sea puts in better
position the Philippine claim over the West Philippine Sea. Basically, the ruling turned in favor of
the Philippines.
CHINA’S AGGRESSION AND THE PERMANENT COURT OF ARBITRATION
- Let us know what are the incidents that compelled the Philippines to file a case against
China:
1. It was 2011 when Filipino fishermen were fired by Chinese in the Quirino reef located
180 nautical miles away from Palawan and so is part of the Philippine Exclusive
Economic Zone. In the same year the term West Philippine Sea was first use during the
administration of late President Benigno Aquino. Lastly, Philippine government invited
companies to explore Reed bank as it is still a part of Philippine EEZ but China
immediately disagreed.
2. In 2012, Chinese were seen in the Scarborough shoal and so Philippines send their
biggest warship which is BRP (Barko ng Republika ng Pilipinas) Gregorio del Pilar.
However, because of military advantage of China, they blocked the entrance of Panatag
shoal. They even started building military facilities worsening the tension even more
since 2011. They targeted next the Ayungin shoal but our country sent BRP Sierra Madre
as a response.
3. By the year 2013, their aggression policy against Filipino fishermen continued as they
send more ships in their so-called South China Sea. Lastly, in 2014, they lay claim in
Panganiban reef to further strengthened their military might because they are aware
how politically weak we are in protecting our territories. Our country’s best weapon is
diplomacy and it’s obvious that China is not a type of country who believes in such
approach.
THE PERMANENT COURT OF ARBITRATION
On January 22, 2013, the Republic of the Philippines instituted arbitral proceedings
against the People’s Republic of China under Annex VII to the United Nations Convention
on the Law of the Sea. The arbitration concerned the role of historic rights and the
source of maritime entitlements in the South China Sea, the status of certain maritime
features in the South China Sea, and the lawfulness of certain actions by China in the
South China Sea that the Philippines alleged to be in violation of the Convention. In
response, by a diplomatic note dated February 19, 2013 addressed to the Philippines,
China expressed its rejection of the arbitration. They even adopted a position of non-
acceptance and non-participation in the proceedings.
Positions of the Parties:
a. China
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China believes that PCA has nothing to do with the dispute leading them to not send
any representative in the proceedings. They also said that their territorial
sovereignty over South China Sea can only be questioned once it is established. Only
by the time that others accept China’s right can Philippines question it. The concern
of the Philippines, for them, will be only be heard, once the right of China is
formalized.
b. Philippines
Philippines believes that China’s claim is only based on what is advantageous to
them. In fact, the selfish claim of China actually contradicts the rights of almost all
the countries concerned in the dispute. Also, China said that they are following not
only their national law but also the international is actually a lie. Why? Because
UNCLOS is an international law but China doesn’t even include it for it contradicts
them, LOLS!
THE DECISION OF THE TRIBUNAL COURT
Using rationality and common sense, a unanimous decision is given to the Philippines:
A. China’s 9-dash line and the historic rights to the South China Sea
According the Convention or the UNCLOS; at first, historic rights are preserved
despite the creation of EEZ. However, many states rejected the idea as it may lead to
more dispute that’s why, the convention declared that historical rights will no longer
be considered and that includes China’s. The problem is, China until now don’t
recognize the definition of EEZ and the limitation when it comes to historic rights.
B. The South China Sea features
According to Article 13 and 121 of the Convention, the features above the water at
high tide are included in the 12-nautical miles, while the features submerged at high
tide are not included. These features are based on the area’s natural conditions;
however, the features of Spratly islands are modified to meet the needs of the
inhabitants. The problem is, many countries actually used it not just the two.
C. Chinese activities in the South China Sea
China not recognizing UNCLOS means they are not respecting the Philippines EEZ.
According to the tribunal, China violated the Philippines EEZ by banning Filipino
fishermen in their own territory. Worst is they even build artificial islands as they
disregard the convention. They are exploiting the resources that’s supposed to be for
Philippines by doing illegal activities in violation of the international law.
D. Exacerbation of the dispute between China and the Philippines
In the creation of UNCLOS on December 10, 1982, China is a signatory which means
that they have responsibilities to do. One of these responsibilities is to preserve,
protect and respect the ecosystem. Unfortunately, China permanently destroyed or
caused harm to the natural ecosystem of the disputed territory. Even though it’s
their duty, China remained firm in not complying even a bit to the convention.
THE NORTH BORNEO OR SABAH CONFLICT
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Just like what I said in the earlier part of our discussion, North Borneo was given as a gift
to the Sultanate of Sulu for their aid in the Sultan of Brunei, part of Malaysian
Federation.
THE LEASE OF SABAH
When Malaysia was colonized by Britain, they founded British North Borneo Company.
And they were actually well-aware of the ownership of Sulu that’s why British that time
ask for lease to the Philippines to use some portions of North Borneo. The sultanate
agreed because they were in need of fund in their fight against Spanish colonization. But
the problem came when British made a mistake. When the British granted the
independence of Malaysia, they turned over North Borneo to Malaysia. And so, in the
perspective of Malaysian, their independence from Britain also means ownership of the
Sabah. Another, with the issue of rental fee, the Malaysian government keeps sending
payment to the heirs of Sulu as an act of propriety because it was done for a long time
by their ancestors. It’s hard to suddenly end a custom people get used for a long time.
THE PHILIPPINES’ FIGHT OVER SABAH
At first, the right was only in the hands of the heirs of Sultanate of Sulu but later on they
transferred it to the Philippine government that’s why legally, it’s the government’s duty
to protect it. As a response, the congress enacted laws to clarify our country’s territory.
The first attempt was made by late President Diosdado Macapagal together with Sultan
of Sulu Esmail Kiram I, however, their peace talk was fruitless. Next is late President
Ferdinand Marcos Sr., who isn’t fan of diplomacy as he chose aggression as our country’s
policy before. He created Operation Merdeka or Operation Freedom which includes
military trainings of some Filipinos for an all-out fight. However, it failed when most of
the Muslim recruits found out that they have to fight their brothers. Another, Marcos’
promise to pay them was not followed. It led to Jabidah Massacre where many Muslims
were killed because of their opposition to Operation Merdeka. This is one of the reasons
why insurgency or revolt of Muslim in the south started. Marcos’ attempt was a failure.
End.
The Kiram family, in response, made their own move when they seize Sabah on 2013
leading to death of 60 people. For them, at the very least, people are reminded of their
valid claim. In short, Kirams no longer want rental fee but full jurisdiction on their
territory.
THE UNCLOS: IMPLICATIONS TO THE PHILIPPINES
Whenever a country is bullying us in terms of disputed areas like China, UNCLOS always
got our back, it’s our powerful tool. However, little did we know, it actually limits us…
A. Setting the Limits
With UNCLOS, we get to protect our territory, however other than, since Philippines
is a signatory of the Convention, we have a duty to follow which includes the
limitation of our legal boundary on what to explore and exploit.
B. Sovereignty of Territorial Waters
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According to our Constitution, the waters around, between, and connecting the
islands of the archipelago, regardless of their breadth and dimensions, form part of
the internal waters of the Philippines. And in our territorial waters, we don’t allow
the right of passage of foreign vessels. However, in the UNCLOS, our territorial
waters are reduced to 12 nautical miles, therefore, other countries have now right to
passage.
C. Territorial Waters
To maintain peace among signatories, the baselines of countries which serve as an
important demarcation is reduced. Which means that other countries may have
innocent passage which may threaten the security of our country. In the Treaty of
Paris before, we have wider territorial sea, but now just like what I said, historical
rights are not considered and so it was reduced about 50% leading to 12 nautical
miles only.
DIPLOMATIC AFFAIRS AND THE ROAD TO SOVEREIGNTY
Former President Rodrigo Duterte peace talk with Xi Jinping allowed Filipinos to fish
again. However, why beg when it’s ours as per the international law and court. A sad
reality.