The Freeman

Proposed charter to boost Phl claims over Sabah, WPS

MANILA — The consultati­ve committee (ConCom) tasked by President Rodrigo Duterte to draft a new federal constituti­on has suggested to strengthen the country's claims over its exclusive economic zone.

- (Philstar.com)

The ConCom subcommitt­ee on national territory, state policies and principles, foreign affairs, national security, public order and safety proposed the revision to assert the Philippine­s claim on the West Philippine Sea and Sabah.

The proposed revision on the article on National Territory includes sovereignt­y over territory and sovereign rights over maritime expanse.

ConCom member Father Ranhilio Aquino, who headed the subcommitt­ee, said that the July 2016 arbitral ruling in favor of the Philippine­s will be considered to be included in the draft of the proposed charter.

"Sovereignt­y is the fullness of state power over its territory, its territoria­l sea, its air space. Whereas sovereign rights are the rights granted by a coastal state to its exclusive economic zone which is reckoned as 200 nautical miles from the archipelag­ic baseline as well as to the maritime resources whether these are sedentary species or minerals found in its continenta­l shelf again subject to the conditions of the Convention on the Law of the Sea,” Aquino said.

But China and Malaysia may file protests against the proposed revision on the constituti­on which seeks to strengthen the Philippine­s’ maritime claims, a maritime law expert warned.

Dr. Jay Batongbaca­l, director of the UP Institute for Maritime Affairs and Law of the Sea, said that the proposed revision would serve as a "lightning rod" for a China protest.

"I can see for example both Malaysia and China filing protests against these articles because they will read it and interpret to mean that we are referring particular­ly to the areas that they dispute — West Philippine Sea on the part of China and Sabah on the part of Malaysia," Batongbaca­l told ANC's Early Edition.

The revision would also include the country's sovereign rights to Benham Rise and other internatio­nal laws and judgment of internatio­nal tribunals.

The ConCom subcommitt­ee proposed to restore the phrase "by historic right or legal title" in the National Territory article of the proposed constituti­on, which would also assert the Philippine­s' claim over Sabah.

In a television interview yesterday morning, former Chief Justice and ConCom chair Reynato Puno stressed the importance of defining "national territory."

"National territory has to be defined in accordance with internatio­nal laws, treaties and decisions of appropriat­e tribunals," Puno told ANC's Headstart.

Puno noted that including the landmark arbitral ruling on the South China Sea would strengthen the Philippine­s' claim in the contested waterway.

Citing the 1973 Constituti­on, Puno also noted that the Philippine­s has historic claim over Sabah.

The ConCom, however, will have to conduct national consultati­ons on the proposed charter before presenting the draft to President Rodrigo Duterte.

 ?? ASSOCIATED PRESS FILE PHOTO ?? Philippine Marines on the BRP Sierra Madre, a grounded Navy ship that serves as an outpost in the West Philippine Sea salutes the Philippine flag in a ceremony.
ASSOCIATED PRESS FILE PHOTO Philippine Marines on the BRP Sierra Madre, a grounded Navy ship that serves as an outpost in the West Philippine Sea salutes the Philippine flag in a ceremony.
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