However, several people in one social media outlet handled by our entity aired their misguided sentiments, of which most of these people originated from across Southeast Asia. This piece gives the aim to provide the additional context and important information relating to the functions of the laws, in relation to the stipulations of the international law, specifically the United Nations Convention on the Law of the Sea or UNCLOS.
THE ENACTMENT OF MARITIME LAWS
 |
| The new maritime laws aim to solidify Philippines' claims on its Exclusive Economic Zone, putting it within the scope according to the guidelines under international law. (c) Spratly Islands - Kalayaan Tourism, via Image Source. |
Last November 8, 2024, Philippine President Ferdinand R Marcos Jr has signed two (2) very important pieces of legislation relating to the country's maritime domain, namely the Republic Act (RA) 12064 or the Philippine Maritime Zones Act and RA 12065 or the Philippine Archipelagic Sea Lanes Act. Both of which give essential provisions that govern the enforcement and coverage of the Philippine maritime domain, and also providing the guidelines for sea lanes.
Specifically, the Republic Act 12064 or the Philippine Maritime Zones Act enforces the country's maritime domain in accordance to the standards set by the United Nations Convention on the Law of the Sea or UNCLOS, comprehensively define the geographic coverage of the Philippine maritime domain and the legalistic mechanisms for the government to enforce the Philippine law on the areas encompassed within this said comprehensive coverage.
This said law also enforces of putting and recognizing the name "West Philippine Sea" into law, further binding the Philippine claims within its 200 nautical mile exclusive economic zone for its western seaboard, specifically the areas encompassing the Kalayaan Island Group or KIG and the Panatag Shoal or Bajo de Masinloc. With this emphasis on maritime jurisdiction, it aims to further ensure the rights of the Philippines as a maritime country, providing Filipinos with the right to enjoy its resources.
In the second law enacted on the same day, the Republic Act 12065 or the Philippine Archipelagic Sea Lanes Act, it emphasizes the definition of providing the country's territorial and exclusive economic zone waters that serve as 'maritime sea lanes' that foreign vessels can trespass within the country's jurisdiction, with provisions also apply on the country's air routes. There are at least three (3) sea lanes specified under this law, whereby vessels can pass to and from the West Philippine Sea through Celebes and (East) Philippine Seas.
Specifically, the sea lanes provided according to the Republic Act 12065 goes as follows - the first one traverses from the (East) Philippine Sea to the West Philippine Sea through the Balintang Channel between the Batanes and Babuyan Islands. The second one traverses from the Celebes Sea to the West Philippine Sea through the Sibutu Passage, Sulu Sea, Cuyo East Pass, and Mindoro Strait. Finally, the third one traverses once again from the Celebes Sea to the West Philippines Sea, this time via Basilan Strait, Nasubata Channel in Palawan's southern tip, Sulu Sea, and Balabac Channel.
The two (2) piece of legislation aims to provide clarity to the extent of the Philippine jurisdiction, while being affirmative to its maritime domain in accordance to the international law, specifically the ones provided by the United Nations Convention on the Law of the Sea or UNCLOS as the basis that enables this as a way that it has the full backing and compatibility to the policy and principles set by international legal bodies. As with other laws, it will come with its own Implementing Rules and Regulations that might take time to draft at the time of this writing.
As this development regarding the enactment of Philippine maritime domain laws takes time to get published on official government channels from the time this article publishes, the following detailed information aims to provide a primary approach in understanding the international laws and the mapping of the country's maritime domain, as it comes at attention lately that several Southeast Asian people are misleadingly outrageous on the reference map posted on one of our social media channels.
THE 2009 ARCHIPELAGIC BASELINES MAP
 |
| The 2009 Archipelagic Baselines Law map, as set by Republic Act 9522. NAMRIA will publish a new version under the new legislation. |
On this November 8 post entry we made through X (formerly Twitter), it benignly captions the enactment of the Republic Act (RA) 12064 or the Philippine Maritime Zones Act and RA 12065 or the Philippine Archipelagic Sea Lanes Act into law by the Philippine President. Initially, this post meant to provide the necessary updated information that will probably dictate the country's policy on its national maritime domain, specifically the West Philippine Sea area, in the upcoming years.
Unexpectedly, a horde of Malaysian and Indonesian social media users on the Elon Musk owned social media website attacked the post and misinterpret this post as 'encroachment', saying harsh words that the Philippines is following the footsteps either of the Chinese or the Israelis in "claiming" Northern parts of Indonesia and portions of Malaysia, even though that this is not the case, nor the intent made when publishing the map.
The emphasis points to the green line drawn in the map, saying that it is the Philippine 'claims' over Sabah, the northern part of Indonesia, and most of Taiwan, when in fact this only provides the theoretical line for the country's Exclusive Economic Zone or EEZ if calculating the distance of 200 nautical miles from the nearest territorial baseline of the country. Apparently, the legends of the map also presented the median line (in purple) in both northern and southern parts of the country.
To clarify this up, and for the information of any Indonesian, Malaysian, our Filipino community readers in this medium, the map provides sufficient information on the jurisdiction and definition of the Philippine maritime domain during the time the map has crafted by National Mapping and Resource Information Authority or NAMRIA in 2009-2010, with the emphasis that the green line does not define Philippine territory, and more of its Exclusive Economic Zone (West Philippine Sea included), minus the overlapping domains with Taiwan on its north, and both Malaysia and Indonesia on its South.
In fact, the Philippines' primary mapping agency will publish the new map of the Philippines' maritime domain that fully emphasizes the West Philippine Sea area, pending the completion and official publishing of the Maritime Domain Law's Implementing Rules and Regulations or IRR that serves as the RA 12064 or the Philippine Maritime Zone Act's primary guidelines for the agencies to adhere and follow, complementing the provisions presented by the law itself.
Hence, for any Indonesian or Malaysian citizen who went outraged from the post and is now reading this article, there really isn't need much of a worry as the Philippines does not intend to so-called 'claim' the areas within the 'green line' aside from the 200 nautical mile Exclusive Economic Zone for its western and eastern seaboards, as it only serves as mapping reference that calculates the extent of the EEZ to the baseline. It might be better to understand the context of the maps first before reacting.
Now as the outrageous and senseless calls by misinformed citizens of neighboring Southeast Asian countries setting aside for the sake of this discussion, let there be some additional context on the country's archipelagic baselines, of which it will briefly delve on particularly on the discussion encompassing the Republic Act 9522 that is the basis of the map provided above, and some key notes provided in the UNCLOS and the 2016 Arbitral Tribunal that nullifies China's claim.
REPUBLIC ACT 9522, UNCLOS, AND THE 2016 AWARD
 |
| The 2016 Arbitral Tribunal decision for the West Philippine Sea served as one of multiple bases for the recent enactment of the Philippine maritime laws. Image Source. |
When the map provided by the National Mapping and Resource Information Authority or NAMRIA in 2009-2010, the Philippines did not experience any intensified aggressiveness from China's Coast Guard, Maritime Militia, and the People's Liberation Army Navy in asserting its so-called 'claims' in the West Philippine Sea, which have prompted the government of that time to submit its documentary references that support Philippines' right over Kalayaan Island Group and Panatag Shoal.
On July 12, 2016, the Permanent Court of Arbitration (PCA) at the Hague, the Netherlands, ultimately made a decision that nullifies China's nine-dash line in the West Philippine Sea and the greater South China Sea area, on the reference that it went beyond their supposedly Exclusive Economic Zone and that China's claims on historical grounds does not count as a reference under the 1983 United Nations Convention on the Law of the Sea, which they also ratified.
Added to this is the recent application of the Philippines over its extended continental shelf in the West Philippine Sea area before the United Nations, aiming to further cement the Philippines' undisputed jurisdiction over the areas like the Kalayaan Island Group, as it aims for the Philippines to have added legal basis for exploration and tapping on its maritime resources that the country will benefit economically. Of course, this does not stop countries like Vietnam from submitting their own version.
And, of course, the enactment of both the Republic Act (RA) 12064 or the Philippine Maritime Zones Act and RA 12065 or the Philippine Archipelagic Sea Lanes Act provides an additional reference for the government to get additional legal basis, grounded under international law, in asserting its rights over its Exclusive Economic Zone, particularly in the highly contested body of water named the West Philippine Sea where China illegally set up its artificial islands as power flexing.
Take note that all the emphasis on the enactment of the legalities and documentation are aiming against China's illegal claims in the West Philippine Sea area, of which this dismisses the erroneous perception on the previous map that, apparently, the Philippines also stake its claim in areas already part of Malaysia and Indonesia. In fact, this narrative only divides ASEAN unity even further that the only winner from this mess will be no other than - China.
Setting aside the overlapping areas that the Philippines will never likely to claim in this case, it is a clear resolve coming from the government to enact its laws that align more with the international law, as countries like the United States supports this move of the Philippine government, providing the needed mechanism for the agencies like the Philippine Coast Guard to enforce the Philippine laws in areas like the contested Kalayaan Island Group, being timely to its white hull acquisition spree.
As countries like the United States and Australia fully support the newly enacted maritime laws of the Philippines that cement further, not only it's legally grounded jurisdiction over the West Philippine Sea area like the Kalayaan Island Group and the Panatag Shoal, the next sub-topic of this discussion will cover the usual reaction of China on this law, along with some expected actions that attempts to counteract the well-recognized Philippine maritime laws.
CHINA AND MALAYSIAN GOVERNMENTS' REACTION ON THE MATTER
 |
| China’s so-called ‘claim’ in Panatag Shoal, Philippines. Image Source. |
As expected, the governments of both China and Malaysia will react to this newly enacted maritime domain laws of the Philippines, and will publicly denounce it as it runs contrary to its so-called ‘nine-dash line claims’ within the West Philippine Sea and the larger South China Sea area. In fact,the image provided above representing Panatag (Scarborough) Shoal with the imaginary baseline with Mandarin calligraphy written over it represents the larger neighbor’s attempt to respond to this situation.
The maritime law enactment resulted in China summoning the Philippine ambassador, conveying their full public protest as a show of full discontent by their government, as this goes preferable to the Philippines and the enacted laws' alignment to the standards set by the UNCLOS and the 2016 Arbitral Tribunal decision, which the Chinese opt not to adhere on. Going as usual are their historical arguments over the Kalayaan Island Group and the Panatag Shoal, both of which have no bearing under the UNCLOS.
Given China's disregard to the 2016 Permanent Court of Arbitration that nullifies the so-called 'nine-dash line claim' of the regional neighbor and superpower, the country instead push for its claims through aggression and violence, both of which affects the livelihood of Filipino fisherfolk that relies on the areas for a bountiful fishing, while endangering the lives of both the Philippine Navy and Philippine Coast Guard personnel that both have the legal right to patrol the country's Exclusive Economic Zone.
Despite the criticisms pointed by China to the Philippines over its new maritime laws, it is good to see that the government stands firm on its resolve to highlight and clearly marking of its maritime domain, while ensuring the preservation of the country's territorial integrity and sovereignty, along with its right under the international law to enjoy sovereign rights for its Exclusive Economic Zone, especially in tapping and exploiting maritime resources that will benefit its citizenry for economic development.
After China, it is now the Malaysian government's turn to criticize the Philippines' new maritime law, especially that they claim that it once again touches Sabah, which actually is not the intention of the Philippine government as the emphasis is once again pointed out to the country's resolve of territorial integrity over areas contested like the West Philippine Sea. Hence, like the reaction on the Chinese criticism, the Philippine government will not budge on this protest.
This come as this Southeast Asian neighbor also appeal before the United Nations body to disregard the Philippine submission on the establishment of the country's continental shelf information for the West Philippine Sea area, using Sabah as an argument once again, even though it primarily points to the Philippines' resolve to preserve its Exclusive Economic Zone, especially in areas encompassed by both Kalayaan Island Group and Panatag Shoal.
As ASEAN unity is unattainable given this circumstance, and even pointing that the aforementioned Southeast Asian government simply rides on the Chinese narrative that undermine the enacted Philippine maritime laws that align to the United Nations Convention on the Law of the Sea or UNCLOS and the 2016 Permanent Court of Arbitration, it is at best interest for the Philippines to increase cooperation with its partnership with like-minded nations, and to improve its own defense posture.
ENDING NOTE
 |
| Clearer representation of the Philippine map. |
The enactment of both the Republic Act (RA) 12064 or the Philippine Maritime Zones Act and RA 12065 or the Philippine Archipelagic Sea Lanes Act count as a significant development for the ensuring the country's territorial integrity and sovereignty, while safeguarding the citizenry's right to enjoy the maritime resources that are available in the Philippine Exclusive Economic Zone waters, especially in terms of food security and the country's current energy demands.
This also aligns the country's domestic legislation and policy to the norms and standards stipulated and set by the United Nations Convention on the Law of the Sea or UNCLOS and the 2016 Permanent Rule of Arbitration, both serve as reference to nullify and invalidate the Chinese 'nine-dash line' claims over the West Philippine Sea and the larger South China Sea area. It also gives preference on the enforcement capabilities to the agencies like the Philippine Coast Guard.
It goes as timely as the Philippine Coast Guard embarks on a huge acquisition program of acquiring additional white hull vessels, forty (40) of which are smaller, thirty (30) meter vessels, and this also include the acquisition of at least five (5) additional Teresa Magbanua-class Multirole Response Vessels, all of which will help cement the country's presence in the country's Exclusive Economic Zone in the West Philippine Sea area. Add to this are offers from various shipbuilders for this endeavour.
Of course, the newly enacted Philippine laws for its maritime domain will expectedly receive some criticisms, especially involving the powers that wanted full dominion in the West Philippine Sea with its claims that are not aligned with the international law, or by some Southeast Asian neighbor that is insecure about its territorial sovereignty, even though the Philippines have its current legislation not aimed against overlapping domains, but to cement its territorial integrity according to international law.
The map presented above gives e clearer definition of the scope and coverage of the Philippine maritime domain, especially the areas that it considers its Exclusive Economic Zone, such as its western and eastern seaboard. It encompasses both the Kalayaan Island Group and Panatag Shoal, both of which are clearly within the Philippine Exclusive Economic Zone, and the Philippine (Benham) Rise in the east, of which this portion entitles to the Philippines' extended continental shelf.
As the Philippines affirms the passage of its maritime laws that has the backing of countries like the United States, this will only solidify the resolve of further solidifying its territorial integrity and national sovereignty even further, particularly when the Department of National Defense' Comprehensive Archipelagic Defense Concept or CADC comes into play. This also goes with the country's desire to push added cooperation with like-minded allies and partners with this concept.
To end this note, this writeup gives an important clarification on the overview of the new maritime laws that the Philippines is pushing, although there will go a follow-up discussion on this matter upon delving deeper into both the Republic Act 12064 and 12065 through a separate entry.
It will be nonsense to think that the Philippine government provokes neighbors into conflict through this legislation, especially given that it does not want war, but it will not back down, and it has an absolute right to preserve and defend its national territory that is rightfully part of the country.
(c) 2024 PDA.
No comments:
Post a Comment