Senators reach compromise on baselines bill

MANILA, Philippines – Senate Minority Leader Aquilino Pimentel Jr. said yesterday he has already accepted the proposal to create a congressional commission to undertake an in-depth study on the country’s archipelagic baselines.

Its main proponent, Sen. Miriam Defensor-Santiago, came up with a compromise to shorten the period of time within which the commission would pursue its task and present its report to Congress.

In a statement, Pimentel said the proposed Congressional Commission on National Territory should fast-track its work to ensure that Congress would be able to pass the bill delineating the archipelagic baselines before the May 13, 2009 deadline prescribed by the United Nations under the United Nations Convention on the Law of the Sea (UNCLOS) that came into force in 1994.

Baselines refer to the starting point for delimiting a state’s maritime zones. The country needs to redefine its baselines based on UNCLOS where it is a signatory.

Also known as the Law of the Sea Convention, UNCLOS defines the rights and responsibilities of nations in their use of the world’s oceans, establishing guidelines for businesses, the environment, and the management of marine natural resources.

Originally, Santiago, who chairs the Senate committee on foreign relations, wanted the commission to be given up to Dec. 31, 2008 to submit its “partial” report to Congress.

The commission will be composed of five members of the Senate and five members of the House of Representatives and will be assisted by experts in international law and relevant fields.

On the other hand, Pimentel and other authors of various bills delineating the archipelagic baselines wanted the measures to be deliberated by the lawmakers while the commission was conducting its studies.

“I told Miriam, let us look for a compromise and she herself proposed to shorten the work of the commission,” Pimentel said.

The minority leader said if the commission could complete its work and submit its report within one month from the time of its creation, instead of five or six months, then Congress would have sufficient time for debate and approval of the baselines bill.

Pimentel filed a bill seeking to place the disputed Kalayaan Island Group (KIG) and Scarborough Shoal within the archipelagic baselines, which means that they are part of Philippine territory by virtue of historic right and legal title.

This is in contrast to the position taken by Malacañang which treats KIG (Spratly Islands in the international map) and Scarborough Shoal as mere “regime of islands,” which Pimentel said seems to be “neither here nor there” and therefore tends to weaken the country’s claim of ownership and sovereignty over these territories.

Senators Rodolfo Biazon, Juan Ponce Enrile and Edgardo Angara also sought to include KIG and Scarborough Shoal in the country’s territory as a “regime of islands.”

Sen. Antonio Trillanes IV wants Scarborough Shoal to be part of the country’s baselines while the KIG will be included in the regime of islands owned by the Philippines.

Pimentel said the archipelagic baselines would be drawn up in accordance with the UNCLOS that entitles the Philippines to the following: territorial sea of 12 nautical miles; contiguous zone of additional 12 nautical miles; exclusive economic zone of 200 nautical miles; and extended continental shelf of up to 350 nautical miles.

Pimentel said, “If we overextend our boundaries, there are procedures in international law sanctioned by the UN that can settle the matter without the use of force.”

“If we are wrong, let the UN authorities involved in the implementation of UNCLOS tell us where we are wrong. And if we are wrong, we can adjust our claim accordingly,” he said.

Pimentel also clarified that Sabah is not included under the proposed archipelagic baselines bill “for the moment because there are so many legal matters to be threshed out” regarding the issue.

The Philippines and Malaysia are both claiming Sabah while KIG is being claimed by the Philippines, China, Vietnam, Malaysia, Brunei and Taiwan.