By Jarius Bondoc
The Philippine Star
Pending in the Senate and House of Reps are parallel bills to delineate the country’s “archipelagic sea-lanes.” These are routes through or over which foreign sea and aircraft may pass, in crossing Philippine territorial waters or air space. The sea-lanes are to bolster the Philippine assertion as an “archipelagic state” under the UN Convention on the Law of the Sea (UNCLOS). As an archipelagic state, the country in theory can claim wider territorial waters, thus more undersea resources and farther exclusive economic zone. Of course, it has to have scientific bases, such as a continental shelf, which the government presently is mapping. Still, the UNCLOS states that archipelagic states must assign paths for foreign vessels safely to cut through or fly over. It’s a quid pro quo. Strategists think that backing the country’s listing as an archipelagic state, with proper archipelagic sea-lanes (ASLs) and geological studies, fortifies as well the Philippine claim over the Kalayaan Island Group in the Spratlys.
The three ASLs proposed in the bills are also the air routes:
• Lane 1, cutting east west, connects the Pacific Ocean to the South China Sea. It passes through the Balintang Channel, between the Batanes and Babuyan islands, in the Luzon Strait north of the mainland.
• Lane 2 also cuts east west to link the Pacific Ocean to the South China Sea. It traverses the Surigao Strait, Bohol Sea and Sulu Sea, onto the Nasubata Channel and Balabac Strait in southern Palawan.
• Lane 3, cutting north south, hooks up the South Chine Sea to the Celebes Sea. It crosses the Mindoro Strait, eastern Sulu Sea, and Basilan Strait.
Letting outsiders pass through one’s preserve is always tricky. The ASL bills provide for a slew of usage rules. Foreign sea and aircraft must pass as quickly as possible, in normal mode purposely for continuous transit. They may not deviate more than 25 nautical miles on either side, or navigate closer to coast than 10 percent of the distance between the nearest island points bordering the ASLs. They must refrain from threat or use of force against Philippine sovereignty. No war games by military vessels. Except in force majeure, disaster or rescue, sea and aircraft may not land on Philippine territory or drop anchor. No covert transmissions, interfering with telecommunications, or direct contact with unauthorized persons or groups in the Philippines.
Foreign crews may not fish while in transit; fishing vessels must stow gear in the hold. No unloading of any person, goods or currency. They must observe international regulations and practices on shipping safety, and comply with traffic separation schemes. They shall not disturb or damage navigational facilities, submarine cables or pipes, or sail within 500 meters of natural resource fields. Foreign aircraft must follow flight safety rules, and at all times monitor the assigned radio frequency. The sea or aircraft may not discharge oil, waste, noxious and pollutive substance. The person or group legally responsible for ship or air cargo shall be liable for any Philippine loss or damage caused by the passing craft. If by a military vessel, the flag State shall be liable.
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Dr. Jay Batongbacal cautions lawmakers against rushing the bills. A specialist in international marine environment law and the UNCLOS, he says the proposed ASLs hew perilously too close to marine preserves. Lanes 2 and 3 straddle Tubbataha Reef in the Sulu Sea. The Unesco has declared the 130,000-hectare natural park a World Heritage Site for its marine biodiversity. Most of Southeast Asia’s fish catch spawn there.
In addition, Lane 3 traverses Apo Reef in the waters of Mindoro Occidental. The 34,000-hectare national park is the world’s second and the country’s largest contiguous coral system. Lane 3 also slices close to Verde Island Passage, between Batangas and Mindoro, where thrives the most diverse marine life in Southeast Asia.
The safety and security, ecological and economic rules are fine, Batongbacal says. But the bills will become a dead-letter law unless the Philippine Navy and Coast Guard are strengthened first. With the military and transport-safety arms undermanned and ill equipped, they will be unable to enforce the restrictions. Their hands are full repelling incursions by foreign military and poaching boats, and inspecting domestic ships. To abruptly allow foreign vessels to pass through and over the ASLs would burden them even more. Local fishing grounds, like Surigao Strait, Bohol Sea and Nasubata Channel, will be disturbed.
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Remember such 1970s “Maski-Pops” disco tunes as Bongga Ka ‘Day and Annie Batungbakal? Or courtship songs like Pers Lab and Ikaw ang Miss Universe ng Buhay Ko? They made the Hotdog band a Pinoy pop-rock legend. The group released over three-dozen singles, all achieving gold and platinum status. The hits, including Beh Buti Nga, Bitin sa Iyo, Langit na Naman, O Lumapit Ka, and that ode to the capital Manila, will be featured in the Hotdog’s one-night-only reunion show on Monday, May 16, at the Dusit Thani ‘s grand ballroom.
Bandleaders Rene Garcia (lead guitar, vocals) and Dennis Garcia will be joined by guest performer Joey Abando from The Boyfriends. Plus, session musicians Benjie Santos, Carlo Gaa, Roy Marinduque, and Roy Sadicon.
Tickets, available at the Dusit Thani concierge, and thru telephones (02) 8866186, (0915) 3598228, or (0921) 2931784, include dinner, drinks and all-night dancing. Special barkada rates offered.
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Catch Sapol radio show, Saturdays, 8-10 a.m., DWIZ, (882-AM).
E-mail: jariusbondoc@workmail.com
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