Unyielding

______________________________________________________________
The Security Council voted unanimously Thursday to send 12,000 UN peacekeepers to the Central
Arican !epu"lic, #here violence "et#een Christians and $uslims has triggered ears o genocide%
The resolution, su"mitted "y &rance, #ill deploy up to 10,000 military personnel and 1,'00 police to
the ormer &rench colony, #here sectarian violence has killed thousands in the last year%
The UN peacekeeping mission is scheduled to take over on Septem"er 1( rom 2,000 &rench and
),000 Arican Union soldiers already in place as humanitarian needs in CA! escalate%
The Security Council adopted !esolution 21*+ in a vote called "y Nigeria, #hich holds the "ody,s
rotating presidency%
The mandate o the UN $ultidimensional -ntegrated Sta"ili.ation $ission in the Central Arican
!epu"lic /$-NUSCA0 is to protect civilians and humanitarian convoys, maintain order, support a
political transition and promote human rights%
&rance hailed #hat its am"assador to the UN called a 1key turning point1 and urged the UN and
Arican Union to 1do everything possi"le to allo# a s#it and eective deployment%1
1The security situation in CA! remains volatile,1 am"assador 2erard Araud told reporters ater the
vote%
1Arican Union troops supported "y the &rench troops are doing tremendous #ork to protect the
civilian population 33 "ut it,s 4ust not yet enough%1
3 CA! on ,edge o disaster, 3
US am"assador Samantha 5o#er, #ho 4ust returned rom the Central Arican !epu"lic, said she
could 1personally attest to the critical urgency1 o "ringing more security there%
She said the country #as on the 1edge o disaster%1
1AU troops have done heroic #ork%%% "ut untold horrors continue in small villages throughout the
countryside,1 she said%
The United States has pledged 6)7 million in humanitarian aid or the Central Arican !epu"lic this
inancial year, ocused on health, protection, economic recovery, #ater and sanitation%
The United States #ill also #ork to#ards getting more Arican troops into CA! "eore Septem"er 1(,
to overcome a decline in num"ers provoked "y the departure o Chadian troops%
Chad announced last #eek it #as #ithdra#ing rom the Arican peacekeeping orce% -ts troops aced
repeated accusations o siding #ith $uslims in the sectarian violence%
The oreign minister o the Central Arican !epu"lic thanked the Security Council and international
community or its support, saying his government #as 1very happy1 #ith the UN deployment%
The United Nations #as the only partner #ho could help his country e8it the crisis, Toussaint 9ongo3
:oudou said%
1The UN #ill create the necessary rame#ork #here all nationals, all the citi.ens o the Central
Arican !epu"lic #ill sit, discuss, talk to each other in order to ind a lasting solution,1 he said%
3 UN unding alling short 3
Aid group Save the Children, #hich is #orking on the ground across Central Arican !epu"lic, said
the UN deployment 1cannot come soon enough%1
-ts head o humanitarian policy and advocacy, 2eorge 2raham, said )00,000 people #ere in
internally displaced camps% Some 20,000 $uslims #ere "esieged in enclaves, threatened "y armed
militias, #hile most other $uslim amilies have already led over the "orders%
1The humanitarian situation in CA! is dire and set to #orsen once the rainy season "egins in earnest
at the end o this month,1 said 2raham%
1-t is vitally important that e8isting peacekeepers on the ground are properly unded to prevent the
situation in CA! spiraling urther out o control,1 he said%
A UN appeal or CA! #as only 2; percent unded so ar, he added%
The <uropean Union has promised separately to send '00 troops in its irst ma4or ground operation
in si8 years% They are e8pected to "ecome ully operational "y the end o $ay%
The initial contingent o (( <U troops made their irst patrols in the capital, =angui, >ednesday%
A coup in $arch last year "y the $uslim Seleka re"els plunged the country into chaos%
Ater sei.ing po#er, some o the re"els #ent rogue and em"arked on a campaign o killing, raping
and looting%
The a"uses prompted mem"ers o the Christian ma4ority to orm vigilante groups called 1anti3
"alaka,1 or anti3machete in the local Sango language, unleashing a #ave o "rutal tit3or3tat killings%
____________________________________________________________________
US 5resident =arack ?"ama threatened resh sanctions against $osco# i it escalates the crisis over
Ukraine, as pro3!ussia separatists aced a &riday deadline rom 9iev to lay do#n their arms%
The president stressed that the United States, the <uropean Union and other glo"al partners must
1"e prepared to meet urther !ussian escalation #ith additional sanctions,1 the >hite @ouse said in
a statement, ater ?"ama and 2erman Chancellor Angela $erkel spoke "y phone on Thursday%
The United States also delivered the #arning to !ussia at >orld =ankA-$& meetings in >ashington,
amid #orries that a spiralling Ukraine crisis could hurt the #orld economy%
Treasury Secretary Baco" Ce# told his !ussian counterpart &inance $inister Anton Siluanov that in
addition to the sanctions that ollo#ed !ussia,s anne8ation o Crimea last month, 1the United States
is prepared to impose additional signiicant sanctions on !ussia i it continues to escalate the
situation in Ukraine,1 the Treasury said%
Ukraine,s em"attled leaders, scram"ling to hold their splintered country together ater the
anne8ation o Crimea, on Thursday oered amnesty to pro3!ussian separatists occupying eastern
state "uildings i they lay do#n their arms and halt a our3day siege%
The olive "ranch came as the clock ticked do#n to a &riday morning deadline set "y Ukraine,s
-nterior $inister Arsen Avakov to resolve the tense situation in the east%
Armed assailants #ho stormed the state security "uilding in Cugansk and the seat o government in
near"y :onetsk #ant to hold independence reerendums like the one that led to Crimea,s takeover "y
!ussia last month%
Acting 5resident ?leksandr Turchynov, in po#er since pro3!ussian leader Diktor Eanukovych #as
ousted in &e"ruary, told la#makers that Ukraine,s latest secessionist crisis could "e resolved
peaceully%
1- people lay do#n their arms and ree the administration "uildings%%% #e guarantee that #e #ill not
launch any criminal proceedings against them,1 he promised%
3 5utin threatens gas cuts 3
=ut the separatists dug in on Thursday, ortiying their "arricades #ith ra.or #ire, sand "ags and old
tyres that could "e set on ire in case o a police assault%
The :onetsk separatists earlier proclaimed the creation o their o#n 1people,s repu"lic1 and called
on 5utin to order !ussian troops into Ukraine,s eastern industrial heartland%
-n a urther escalation o the crisis, !ussia #arned <urope on Thursday that its gas supplies #ould "e
in peril unless it helped to pay o Ukrainian de"ts%
5resident Dladimir 5utin,s most direct #arning a"out !ussian gas deliveries 33 vital to the health o
the <uropean economy 33 came as relations "et#een $osco# and the >est plum"ed ne# post3Cold
>ar lo#s%
The #ar o #ords over the e83Soviet country adds e8tra urgency to the irst round o direct talks that
<U and US diplomats have convinced "oth !ussia and Ukraine to attend, set or April 17 in either
2eneva or Dienna%
=ut 5utin did not appear to "e in a conciliatory mood as he dispatched a note to 1' <U nations
#arning that his energy3rich country #as tired o accruing de"ts rom the >estern3"acked leadership
in 9iev, #hich the 9remlin does not recognise%
@e #arned state gas irm 2a.prom could "e 1compelled to s#itch over to advance payment or gas
deliveries1 and 1completely or partially cease gas deliveries1 i Ukraine ails to pay a 62%23"illion /1%)3
"illion3euro0 de"t%
5utin added that 1!ussia is prepared to participate in the eort to sta"ilise and restore Ukraine,s
economy1 "ut only on 1eFual terms1 #ith the <U%
State :epartment spokes#oman Ben 5saki condemned 1!ussia,s eorts to use energy as a tool o
coercion1 and said the US #as #orking #ith Ukraine to provide inancing and help it ind enough
gas%
Ukraine last #eek accused !ussia o 1economic aggression1 ater 2a.prom raised the price o gas
e8ports to Ukraine "y '1 percent, to the highest price paid "y any o its <uropean clients%
A"out 1; percent o the gas consumed "y the <U,s 2' countries transits through Ukraine, #hich #as
hit "y t#o previous supply interruptions in 200) and 200+ that also came during eorts to "uild
closer <U ties%
3 ,!eal threat to Ukraine, 3
?n Thursday NAT? released 1+ satellite pictures sho#ing that up to *0,000 !ussian troops armed
#ith tanks and military vehicles have set up camp 4ust east o Ukraine,s "order%
1This orce is very capa"le, ready to move Fuickly i ordered% -t,s a concern "ecause it represents a
real threat or Ukraine,1 said =rigadier 2ary :eakin, director o NAT?,s Comprehensive Crisis
?perations and $anagement Center%
!omania,s oreign minister Titus Corlatean, in an intervie# #ith A&5, urged NAT? to redeploy its
orces in eastern <urope and take a irm stand to prevent a contagion o the Ukraine crisis%
=ucharest 1is e8tremely concerned over developments in Ukraine #hich have a serious impact on
international security,1 Corlatean said, stressing his country is 1on the rontline1%
$ean#hile >orld =ank 5resident Bim Eong 9im #arned that the crisis #ould have ar3reaching
eects on !ussia, orcing it into recession this year%
1This is a very serious issue or !ussia 33 a very serious issue or its gro#th prospects,1 9im told
reporters% 1So #e simply urge all o the parties to continue #ith negotiations and ind a peaceul
means o moving or#ard%1
HTTP://WORLDOBSERVERONLINE.COM/CATEGORY/WORLD/REST-OF-THE-WORLD/The last
thing a 3-year-old Syrian said
before he died: Im gonna tell
God everything
DECEMBER 29, 2013 11:36 AM COMMENTS OFFVIEWS: 2960062
This picture is haunting and itGs "een loating around the internet #ith the sentenceH
The last sentence a 3-year-old Syrian said before he died: Im gonna tell God everything
And thatGs eFually haunting% -tGs impossi"le to veriy "ut the picture tells a story a"out the pain and
suering that e8ists in Syria right no#% There are many in the media #ho #ould like to say this is "ecause
president =ashar al3Assad is a ruthless killer% And thatGs hal true% Cike other government leaders I he
has engaged in #ar and #ith that #ar has come the death o tens o thousands and the displacement o
over 1 million Syrians no# living in reugee camps%
=ut this hasnGt al#ays "een the case% This is the inevita"le result o a covert #ar "eing #aged "y the U%S%,
-srael and other Sunni countries like Jatar and Saudi Ara"ia% ?ur interests in taking do#n the Syrian
dictator al3Assad are all a"out geo3politics% - #e take out Syria I #e neuter -ranian inluence in the
region% -t has gotten so "ad that al3Jaeda is no# ighting on the same side as the United States
government and =ashar al3Assad and his government are ighting al3Jaeda% And Syrians are all the
victim o this massive glo"al covert pro8y #ar%
-t has gotten to the point #here #e donGt even kno# i the chemical #eapons that #ere used in Syria #ere
the result o al3Jaeda or the Syrian government% >hen it comes to matters o intelligence and
propaganda I itGs very hard to discern truth rom iction% =ut no one can deny that Syria #as a very sta"le
country until #e decided to go in all guns "la.ing% >eGre not "ringing democracy to the #orld I thatGs the
sound o imperialism "a"y%
The Ayungin Shoal recently came into ocus in the 5hilippine pu"lic mind #hen Chinese coast guard
ships prevented a 5hilippine civilian government "oat rom provisioning the marine outpost a"oard
the derelict =!5 Sierra $adre% The latter #as intentionally grounded "y the 5hilippines in 1+++, our
years ater the Chinese troops sei.ed the near"y $ischie !ee and started "uilding a permanent
outpost% -t is no# a lashpoint in the current political tussle "et#een the 5eopleGs !epu"lic o China
and the 5hilippines%
The Ayungin Shoal is a small su"merged ormation that orms part o the Spratly -sland group, and
a"out 200 kilometers #est o 5ala#an% The 5hilippines considers it as part o its continental shel
and #ithin its <8clusive <conomic Kone /<<K0 as deined in the UN Convention on the Ca# o the
Sea /UNCC?S0% China, ho#ever, claims that it is #ithin its Lterritorial #atersM as indicated in its so3
called LNine3:ash CineM map su"mitted to the UN in 200+% -t has since added a 10th dash east o
Tai#an, close to the Bapanese island o Eonaguni%
Budge 2ao Khiguo, ChinaGs appointee to the -nternational Tri"unal or the Ca# o the Sea, said that
the dashed line has three meaningsH irst, Nit represents the title to the island groups that it enclosesGO
second, Nit preserves Chinese historic rights in ishing, navigation, and such other marine activities as
oil and gas development in the #aters and on the continental shel surrounded "y the lineGO and
third, it may serve as a "asis or Npotential maritime delimitation linesG%
This seems to hint at t#o things% &irst, that China is holding on to its claim o territoriality insoar as
island groups are concerned, particularly the 5aracels /Pisha Jundao0 and Spratlys /Nansha
Jundao0 and, "ased on Lhistoric rights,M insoar as #aters and continental shel #ithin the line%
Second, it is #illing to negotiate maritime delimitation lines% The latter, - suspect, is the one it is
#illing to open to "ilateral negotiations, hence the dash lines%
Ayungin Shoal, in this sense, is currently "eyond negotiations as ChinaGs claim to it is a matter o it
"eing a part o the Nansha Jundao and a Lhistoric right%M
?n the other hand, the UNCC?S does not give much #eight to Lhistoric right%M Nor did Bapan, the
last occupier #ho anne8ed the Spratlys during >orld >ar --, turned over the latter to any"ody% -t
only relinFuished its claim, there"y rendering the -slands #ithout a clear sovereign% Thus China,
Tai#an, Dietnam, and the 5hilippines put or#ard their respective claims%
Ayungin Shoal, "y virtue o its "eing #ithin its 2003mile <<K and its continental shel, is o#ned "y
the 5hilippines i UNCC?S is to "e ollo#ed% This it hopes to make legally clear #hen it "rought the
issue "eore the -nternational Tri"unal on the Ca# o the Sea /-TC?S0, the ar"itration "ody created
"y UNCC?S% -t asserts in its memorial that ChinaGs claim, in contrast, does not hold much #ater%
There is also the matter o the marooned "ut still3commissioned =!5 Sierra $adre o the 5hilippine
Navy% Technically speaking, it is covered "y the $utual :eense Treaty "et#een the 5hilippines and
the United States% China is not sure #hat the latterGs response #ould "e i there is an attack on the
ship%
@o#ever, short o an overt military attack, China is doing its "est to deny provisioning o the =!5
Sierra $adre and to pressure the 5hilippines to a"andon it% A game o patintero or a tag game
thereore ensues, "ecoming more dangerous as a ticking time "om"%
The situation can still "e resolved in a "ilateral negotiation process% @o#ever, 5hilippines hope to
have a avora"le -TC?S decision "eore it does so "ecause o international recognition o its claim%
China aces a dilemma in Ayungin Shoal and other contested areas% - it #aits or the -TC?SQ#hich
may decide against itQit #ould have tacitly "ound itsel to UNCC?S and risk a rogue state reputation
i it asserts its claim in the South China Sea% - its militarily acts no#, it may ace international
isolation%
-t may do nothing in the ace o this dilemma, and #ait or avora"le situations later% This has its o#n
dilemma, as it already aroused #ariness and distrust among its Southeast Asian neigh"ors that
"order South China Sea% $ost o them prepare or any eventuality%
Ayungin stands as the sym"ol o 5hilippinesG determination to deend its territory% -t may #ell
represent a line in the shoalR%
____________________________
_No is and "uts a"out itH the 5hilippines and China are no longer riends%
ThatGs a decision that the 5hilippines made #hen it hauled China to the United Nations Ar"itral
Tri"unal over the latterGs all 3South 3China 3Sea3encompassing +3dash line map% As ormer
am"assador to the United Nations Cauro =a4a said, L>hen #e iled a case against China at the U%N%
that #as the end o diplomacy%M
The su"mission o the $emorial on the case today at the U%N% CourtGs headFuarters at The @ague
urther reinorced the hostility%
As a sovereign country, the 5hilippines has every right to choose #ho to "e riends #ith and #ho to
take on% The AFuino government has chosen to "attle #ith China% -tGs a move applauded "y allies
#ho are uncomorta"le #ith the enormous strength o modern China "ut are hesitant to antagoni.e
the #orldGs second largest economy%
The 5hilippines can "ask in that momentary applause "ut at the end o the day it has only itsel to
rely on #hen push comes to shove in the conlict #ith China%
Chinese oicials, intent to save relations #ith the 5hilippines, reFuested through emissaries to delay
the iling o the $emorial% =runei, one o the our claimants in the Association o Southeast Asian
Nations, told &oreign Secretary Al"ert del !osario last Banuary that they are o the opinion that a
delay in the su"mission o the $emorial #ould ease the tension in the region%
The same reFuest #as sent "y China to 5resident AFuino through a "ackchannel% L>e donGt e8pect
the 5hilippines to #ithdra# the suit "ecause #e understand that national pride is at stake% =ut #e
hope you can delay it, L #as the message rom a ranking Chinese oicial%
AFuino and his advisers decided to re4ect ChinaGs reFuest%
Chinese &oreign $inistry Spokesman @ong Cei said >ednesday LChina is uns#erving in its resolve
and determination to saeguard national sovereignty and territorial integrity% >e hope that the
5hilippine side can "e ully a#are o the comple8ity and sensitivity o the South China Sea issue,
return to the right track o resolving the dispute through negotiation and consultation as soon as
possi"le, stop going any urther do#n the #rong track so as to avoid urther damage to "ilateral
relations%M
No# that the 5hilippines has decided to take the hardline position against China, the Fuestion is,
#hat preparations is it taking to "e ready or ChinaGs retaliation%
@istory has sho#n that Chinese never let pass a hostile move against them% The retaliation may not
"e immediate "ut they hit "ack%
The 5hilippines has many vulnera"le spots that China can choose to hit% Unlike 5hilippine leaders
#hose oreign aairs moves are aimed to the gallery, the Chinese are ocused in their vision% They
#ill not do things to hurt the 5hilippines that #ill also have an adverse eect on them% -t is unlikely
that they #ill send "ack &ilipino #orkers in @ongkong "ecause it #ill cause diiculties to the people
o @ongkong% They #ill not cut their nose to spite their ace%
The possi"le retaliation o China #ill "e to occupy more islands in the contested areas%
&or all intents and purposes, the 5hilippines has already lost Scar"orough Shoal also kno#n as =a4o
de $asinloc and 5anatag Shoal /@uangyan -sland to the Chinese0 %
>ith three ships permanently stationed in Scar"orough Shoal, China is in control o the rock, 12*
nautical miles rom Kam"ales since April ', 2012%
They have also "een in control o $ischie !ee in the Spratlys since 1++(%
A 1++' study "y then Cieutenant $ichael Studeman o the U%S% Navy sho#ed that the Chinese
occupied $ischie in retaliation to #hat it considered L"etrayalM "y the 5hilippines%
Studeman #roteHM China,s occupation o $ischie !ee #as not a "olt rom the "lueO it #as preceded
"y a chain o events that "egan #ith a alling3out #ith the 5hilippines over hydrocar"on e8ploration
in the northeast region o the Spratlys%
LBoint development talks "et#een China and the 5hilippines over gas3rich !eed =ank "roke do#n in
early 1++*O in $ay, $anila decided to grant a si83month oil e8ploration permit to Alcorn 5etroleum
and $inerals%27 The 5hilippines #as interested in collecting seismic data on the sea"ed south#est o
!eed =ank% $anila hoped the contract #ould remain a secret, "ut ne#s o the colla"oration soon
leaked% =ei4ing s#itly issued a statement reasserting its sovereignty over the area covered "y the
license and ignored $anila,s "elated invitation to "ecome a partner in the pro4ect% $anila "ack3
pedaled on the diplomatic ront or #eeks, "ut the damage had "een done% =y secretly licensing an
e8ploration eort the 5hilippines had appeared to engage in unilateral eorts to e8ploit the natural
resources o the Spratlys%
LStung "y $anila,s N"etrayal,G China decided to advance east#ard or "etter surveillance coverage o
any 5hilippine3sponsored oil e8ploration% $ischie !ee is in the lo#er3middle section o the Alcorn
concessionO a presence there #ould also strengthen China,s hand #ere petroleum ever to "e
discovered in the area% The Chinese post on $ischie !ee #as discovered "y &ilipino ishermen in
&e"ruary 1++(, the advanced state o its "uildings indicating that construction had "egun in the all
o 1++*, 4ust a e# months ater $anila,s Nau8 pas%G China had Fuietly advanced onto the ree "ecause
it "elieved physical occupation #as the only method "y #hich Chinese interests could "e protected%
=ei4ing,s o#n misstep #as in not oreseeing that this characteristically NdeensiveG response #ould "e
interpreted as oensive%
A Chinese Coast Guard ship blocks PH supply ship.Photo
by Erik de Castro, Reuters.$ischie !ee is 21 nautical miles rom Ayungin shoal also kno#n as Second
Thomas shoal /!enGai !ee to the Chinese0, #here a grounded =!5 Sierra $adre serves as a
5hilippine $arines post% At least three Chinese ships are closely #atching the activities in Ayungin
shoal%
5hilippine media reported 4u"ilantly a"out ho# last #eek ships "ringing supplies to the $arines in
=!5 Sierra $adre #ere a"le to get past the Chinese ships% @o#ever, it is o"vious that the Chinese
Coast 2uard allo#ed them% And China can "lock the re3supply in the uture i they #ant to%
AFuino and his advisers #ould do #ell to remem"er the #ords o American #riter Cois $c$aster
=u4oldH L>hen you choose an action, you choose the conseFuences o that action% >hen you desire a
conseFuence you had damned #ell "etter take the action that #ould create it%M
___________
The 5hilippines has iled its *,0003page $emorial "acked "y the United Nations Convention on the
Ca# o the Sea3"acked /UNCC?S0 "eore an ar"itral tri"unal% >ith this move, the country is
strengthening its claim over the >est 5hilippine Sea /South China Sea0%
The memorial is the countryGs #ritten argument on the disputed territories% -t is composed o 10
volumes and more than *,000 pages, containing relevant evidence that ensures that "acks every
claim%
-n a press conerence on Sunday, $arch ;0, :epartment o &oreign Aairs Secretary Al"ert del
!osario stated, 1>ith irm conviction, the ultimate purpose o the memorial is our national interest%
-tGs a"out deining #hat is legitimately ours% -tGs a"out securing our childrenGs uture% -tGs a"out
guaranteeing the reedom o navigation% -tGs a"out preserving our regional peace, security, and
sta"ility%1
The 5hilippines has iled the $emorial despite the recent actions o China% ?n Saturday, $arch 2+,
t#o Chinese Coast 2uard vessels "locked a 5hilippine civilian ship #hile it #as en route to "ring
supplies and troops to the Ayungin Shoal, an area disputed "y $anila and =ei4ing%
The 5hilippine ship #as eventually a"le to "ring resh supplies to the troops on the =!5 Sierra
$adre, a US3made vessel that #as deli"erately ran aground the Ayungin !ee in 1+++ to serve as the
countryGs outpost in the area% The Navy vessel also "rought a resh set o troops to relieve the current
cre# on"oard the Sierra $adre%
Del Rosario said the Philippines is virtually ready to fle the document, called a memorial.
The Philippines is required to submit the memorial through e-mails and courier deliveries, which
should come with soft copies in storage devices such as USBs.
In an e-mail to Rappler, Solicitor General Francis Jardeleza said the Philippines will submit the
memorial on the deadline itself. (READ: PH 'fully committed' to fle pleading vs China)
I think it's a very convincing piece of document, Del Rosario told reporters after a media conference
in Makati City.
No escape for China
The memorial, after all, should come with all documentary, witness, expert, and other evidence that
the Philippines intends to rely on, according to the Rules of Procedure set by the designated arbitral
tribunal supported by the United Nations.
It should also have as attachments the legal authorities (such as treaties, laws, decrees, or judicial
decisions) cited in their submissions.
NO TO CHINA'S CLAIMS. In July 2013, policemen block protesters from going near the building that houses the
Chinese consulate. File photo by LeANNE Jazul/Rappler
The Rules of Procedure also show that Beijing, which has rejected the arbitral proceedings, has no
escape from Manila's pleading.
China will receive it in any case.
Like the arbitral tribunal, China will fnd the memorial on its doorstep through e-mail and courier. The
hard copies should come with a complete electronic copy in a USB fash drive or another electronic
device, if possible in searchable Adobe PDF.
'Strong case'
The registry, the Permanent Court of Arbitration based in The Hague, the Netherlands, will receive
copies, too.
The Philippines is required to dispatch two copies of its submission to the opposing party, one copy
to each member of the arbitral tribunal, and four copies to the registry.
The Philippines will submit the memorial after China reportedly ofered incentives to stop this.
Observers also warned about a possible backlash from Beijing.
By fling the memorial, the Philippines not only seeks to defend the merits of the case, but also to
clear a major hurdle. It is a question of jurisdiction, of whether the arbitral tribunal should hear the
case in the frst place. (READ: PH faces major hurdle in China case)
The Philippines' lawyer in its case against China, Paul Reichler, however told Rappler he is confdent
about the case. I will simply say that the entire legal team that has been engaged by the Philippines
believes that the Philippines has a strong case, both on jurisdiction and on the merits. Rappler.co
A first in history: PH gets investment grade
=y 9im Arveen 5atria S EahooT Southeast Asia Ne#sroom I ;A27A201;
Philippines makes its biggest bet this weekend in a high-stakes bid to oin the world!s "more
The 5hilippines "agged a landmark vote o conidence as glo"al de"t #atcher &itch raised the
country,s credit rating to investment grade%
&or the irst time in history, the 5hilippines is deemed as a country #here it is sae or glo"al
investors to pour in capital%
An investment grade is also seen to lo#er the 5hilippines, "orro#ing cost, there"y increasing
opportunities or the government to save%
Related story: Why A!ino vetoed "agna #arta for the $oor
1The 5hilippine economy has "een resilient, e8panding )%)U in 2012 amid a #eak glo"al economic
"ackdrop,1 &itch said in a statement >ednesday%
9ey drivers or the credit rating hike, &itch said, are strong e8ternal "alance sheets, a persistent
current account surplus and high remittances%
&itch also lauded reorms implemented under the previous and present administrations, #hich it
said led to 1avora"le macroeconomic outturns%1
&itch is the irst de"t #atcher to give the 5hilippines an investment grade, even as t#o other rating
irms place the 5hilippines only a notch lo#er%
1-mprovements in iscal management "egun under 5resident Arroyo have made general government
de"t dynamics more resilient to shocks,1 &itch said%
>elcoming the long3a#aited credit rating upgrade, 5resident =enigno AFuino --- said the
development #ill 1encourage even greater interest and investments in our country%1
1This is an institutional airmation o our good governance agenda,1 AFuino said in a statement
posted on the ?icial 2a.ette%
1Sound iscal management and integrity3"ased leadership has led to a resurgent economy in the ace
o uncertainties in the glo"al arena,1 he added%
:el !osario deines ; pillars o oreign policy
#y $erry E. Esplanada
Philippine %aily &n'uirer
(irst Posted )*+),+)) )-.)/.,)00
1A2&3A, Philippines4(oreign 5ecretary Albert del Rosario has set out the three pillars o6 the country4s 6oreign policy+
national security, economic diplomacy and the protection and promotion o6 the wel6are o6 (ilipinos abroad.
%el Rosario sought to de6ine the thrust o6 his tenure as head o6 the %epartment o6 (oreign A66airs 7%(A8 during the
department4s turno9er rites with outgoing (oreign 5ecretary Alberto Romulo on :uesday a6ternoon at the %(A o66ices
in Pasay City.
:he %(A press corps was not allowed to co9er the e9ent on orders o6 %el Rosario who e;plained that it was an 4
internal matter.4
<n national security, %el Rosario said 4the Association o6 5outheast Asian 2ations would be the bedrock o6
Philippine 6oreign policy.4
4<n economic diplomacy, we will gi9e priority to the directi9e o6 President A'uino to address po9erty alle9iation
through pushing 6or measures that are a66ordable and sustainable 6or the %(A,4 he said.
As 6or the protection o6 (ilipinos abroad, he said 4we already ha9e a good system compared to other de9eloping
countries, especially with the new 1igrant =orkers Act.4
4#ut we will continue looking at regulations and bilateral agreements to strengthen this protection o6 our nationals,4
he said.
%el Rosario also said the %(A would consider 6oreign policy suggestions 6rom other sectors.
4=e will open up 6oreign policy by engaging Congress and other sectors in9ol9ed in cra6ting the direction o6 our
6oreign policy,4 he said.
%el Rosario, the country4s ambassador to the >nited 5tates 6rom ,))0 to ,))?, said last week he planned to recruit
the 4best and brightest4 6or the %(A, 4especially since 7the A'uino administration8 is a re6orm-oriented go9ernment.4
And 4in de6erence to the pro6essionalism o6 the 6olks at the %(A,4 he said his other ad9ocacy was to 4appoint as 6ew
political appointees as possible.4
=ith po9erty alle9iation being one o6 the policy thrusts o6 1r. A'uino, %el Rosario stressed the need to 4boost our
economic diplomacy skills.4
4Certainly, i6 we4re talking about bilateral trade agreements, & think we should pursue that, pro9ided it4s good 6or us
and mutually bene6icial @in relation toA the countries that we4re negotiating with,4 he said.
%el Rosario earlier said that the Philippines 4will ha9e to be more engaged with 2orth Asia,4 re6erring to China,
$apan and Borea.
He noted that a signi6icant amount o6 in9estments as well as tourists coming to the country were 6rom these three rich
Asian countries.
Howe9er, the >5-educated %el Rosario said the >5 will remain the Philippines4 4sole strategic partner,4 possibly
signaling a gradual and measured path back into the >5 sphere o6 in6luence, a6ter years o6 dri6t toward China during
the pre9ious Arroyo administration.
Overview: waves of world history
World history is the story of human experience. It is a story of how people, ideas, and
goods spread across the earth creating our past and our present. To help us better
understand this experience, we will divide history into four main eras: prehistory,
ancient times, middle ages, and modern times. Our story begins during prehistory in
east Africa where human life began. rom Africa humans spread to !urasia "!urope
and Asia#, to Australia, and finally to the Americas. $uman migration was one of the
great waves of history.
%uring most of history, most humans made their living by hunting and gathering.
Then about &',((( years ago, people in the )iddle !ast learned how to raise a wild
wheat plant, and agriculture was born ** another great wave of history. +o longer were
humans constantly on the move searching for food. ,eople could settle in one place,
build cities, and ma-e inventions li-e the plow, wheel, and writing. The complex
societies that resulted are what we call civili.ation, another wave of history and the
start of ancient times. In terms of a human lifetime, waves of change moved slowly,
and much stayed the same amid the changes.
Waves of history were channeled over the earth by geography. The first civili.ations
arose in river valleys where rivers provided fresh water for raising crops and
transportation for moving crops to mar-et. /eginning in )esopotamia, civili.ation
spread west to !gypt and east to India. These three civili.ations formed an early
international trading networ- that eventually extended across the connected lands of
!urasia and +orth Africa, a vast region that lies in a temperate climate .one where
most of the world0s people have lived since prehistoric times. )ore people meant
more ideas, more inventions, and more diseases than in other parts of the world.
Waves of change too- longer to reach sub*1aharan Africa and the Americas because
they were separated from !urasia by physical barriers of desert and ocean.
As agriculture replaced hunting and gathering, human population increased. ,eople in
civili.ed societies divided themselves into une2ual social classes with priests and
-ings at the top. Wealthy landowners collected rent payments from poor farmers, men
came to dominate women, and slavery became common. In the grasslands of central
!urasia, nomadic people chose not to settle down and raise crops. They lived by
herding animals from pasture to pasture with the seasons. They learned to ride horses,
developed cavalry s-ills, and attac-ed settled communities. 1ometimes these nomadic
raiders con2uered great civili.ations.
%uring ancient times people in !urasia invented many things that still define
civili.ation today such as money, armies, iron, math, literature, democracy, and ma3or
world religions ** to name a few. Ancient times lasted for roughly 4,((( years, ending
about 5(( A% after nomadic raiders brought down great classical civili.ations in
India, 6hina, and the )editerranean. The middle ages followed and lasted a thousand
years.
6hange spread to new places mostly through trading contacts. 1ome people welcomed
change, while others avoided change and tried to maintain traditional ways. In the late
middle ages, 6hina was a superpower with the greatest navy in the world until 6hina0s
rulers chose to reduce contact with the outside world and dismantled the fleet. This
choice opened the door for !uropeans to ma-e the great voyages of discovery that
connected the world and began the modern era around the year &5((. 6hange was
moving faster now.
Three centuries later, !uropeans learned how to power machines by burning fuels,
unleashing the Industrial 7evolution ** another great wave of history. 6hange moved
even faster. At first, !uropeans used their machines to dominate other peoples of the
world who lac-ed advanced technology. Then !uropeans turned their machines on
each other, launching two suicidal world wars that ended !uropean world dominance.
The stream of time flows on. As always, we humans face challenges to our survival,
but in our time the challenges are global. )odern technology is consuming the world0s
resources, threatening the earth0s environment, and it has produced weapons that could
end human life. The world is tied together through communications and trade, but the
world remains divided between the 8haves8 and the 8have nots.8
$istory created our past and our present, but the future is up to us. There is no
instruction manual for the future, but we do have a guide that shows how the world
wor-s and how humans behave. That guide is history.
%I&'("A#) *+*: SA"&', -(R,IG. S,R/I#, ,0A" 12,STI(.
Eou are the American Am"assador to, say, <gypt% Eou attend an e8hi"ition opening% There is a piece
o art depicting a smiling $ohammed Atta, perhaps on a plane, lying a"ove a pool o "lood #ith a
#icked smile on his ace%
Eou think that the art#ork gloriies, in horriic ashion, the events o +A11% To add insult to in4ury,
this art#ork is sho#cased during a Cairo conerence aimed at analy.ing conlict resolution initiatives
post +A11%
EouH
a0 5olitely continue to make your #ay through the e8hi"it /despite your deep anger and discomort0
and keep your diplomatic #its a"out youO
"0 Ceave /in a it o disgust0 the e8hi"it a"ruptly #ithout telling your hosts #hyO
c0 !egister a ver"al protest to "oth the artist and museum curatorAdirector a"out the #ork o art
e8pressing, in orceul terms, ho# reprehensi"le you think it isO
d0 :estroy the installation /as a pre3planned protest0O or
e0 :estroy the installation /in a it o spontaneous rage0%
- #ould pick choice 1c1% =ut, in a roughly analogous event /su"stitute a smiling 5alestinian suicide
"om"er or Atta0 the -sraeli Am"assador to Stockholm picked 1d1 /NoteH it,s "eing mostly depicted as
1e1 in the press33"ut it appears the Am"assador had pre3planned his protest%0
Ceave aside that the 1artist1 /himsel a S#edish Be#0 sounds hugely lame and that the cali"er o his
1installation1 /like so much cutting3edge contemporary, er, 1art1 is under#helming0%
Ceave aside the moronic title o the piece /1Sno# >hite and the $adness o Truth1, highly oensive,
as 1Sno# >hite1 is the artist,s appellation or the emale suicide "om"er0 and the artist,s risi"le
description o himsel as an 1eye3"leeding ultimate composer o intiadic and eruptive lung3outs%1
Ceave aside the Stockholm museum director,s hyper"ole that the -sraeli Am"assador 1pulled out the
plugs and thre one of the spotlights into the fountain! hich caused the entire installation to
short-circuit and made it totally life-threatening%%%1 />hat is,"totally life-threatening", o course,
are -slamic Bihad suicide "om"ers entering caes and restaurants and "lo#ing themselves up0%
And even, as - don,t think it,s ultimately irrelevant, leave aside that this e8hi"it #as taking place
contemporaneously #ith a conerence initiated "y the S#edish government on the lessons o the
@olocaust%
No#, you could make an argument that ree speech runs "oth #ays% The S#edish Be#ish artist en4oys
reedom o artistic e8pression, and the -sraeli Am"assador has the right tosym"olic protest%
-ndeed, given postmodern trends to#ards ,interactivity1 #ith art#ork and such33the Am"assador,s
actions might not prove as atypical as #e think%
?ended or under#helmed "y the latest oerings at the ne8t >hitney "iennialV >ell, pull the plug
on the thing%
=ut such semi3serious musings aside, here are the deeper issues at play%
To "etter understand them, check out the te8t accompanying the art#ork%
There is a piece up in @aaret. that descri"es the te8t as 1"eautiul%1 - ind it, rather, discomortingly
relativistic%
=ut the opinion #riter in @aaret. still has a point #hen he #ritesH
1This is a beautiful te#t$ It has one serious flaw: it violates an Israeli taboo whereby it is
prohibited to look hard at the faces of the suicide terrorists. Breaking this taboo
made the Israeli ambassador blow a fuse. %oever! the ambassador gave us the code for
hat is happening here! not there! and it is no different from the days hen "&ueen of the
'athtub!" %anoch (evin)s play that satiri*ed Golda +eir)s government! as ithdran from the
stage of the ,ameri Theater$ -o the theaters are cautious$ There is nothing really political in
them$ Similarly! there as the "punishment of .ose Saramago!" hose tens of thousands of readers
boycotted his important boo/ "'lindness$" 0nd there are many other e#amples%1 Wemphasis addedX%
>hat lies "ehind the aces o these suicide "om"ersV A emale la#yerV A young mother o t#oV
:avid Adesnik, a e# days "ack, #roteH
1'ut as Golda +eir said many! many years ago! there ill be no peace until the 0rabs love their
children more than they hate Israel%1
That,s too easy% The emale suicide "om"er pro"a"ly did love her children more than she hated
-srael% The real Fuestion is, #hat nevertheless caused her to commit murder and kill hersel in the
processV
>e need to "etter plum" the motivations "ehind the scourge o suicide "om"ing% The 1artist1 in
Stockholm #as attempting that33"ut in an inlammatory, sophomoric and insensitive ashion%
$ore serious people need to give it thought, ho#ever, and not merely "y descri"ing 15alestinian
&amily Dalues1 as "ar"aric or the 1Ara"s,1 #rit large, as a demented lot so consumed "y anti3
semitism that they #ill trample over the interests o their amilies33so vitriolic their hatred to#ards
the 1Kionist entity%1
The reality is much more comple8% A collective psychosis hasn,t singled out Ara"s or 5alestinians as
singularly devoid o human ello#3eeling and decency% Conditions surrounding their plight must "e
taken into account too%
@ere,s more on the story%
Another key pointH
11espite the blunt statements of support from the prime minister and foreign minister! diplomatic
sources in .erusalem on Sunday ere not happy ith hat they called "the festival of support" for
+a*el and his action$ The sources said they orried Israeli diplomatic efforts to defend the
government)s policies toard the 2alestinians and territories ere adopting a strategy of "losing
control!" ith diplomats dropping diplomatic niceties to adopt unusual and unconventional
methods of protest that could harm the reputations of Israeli diplomats%1
That,s #hy, all told, choice 1c1 a"ove #as the #ay to go33despite support voiced "y Arik Sharon, <hud
=arak, and the -sraeli &$ or the Am"assador,s actions%
U5:AT<H
!eader :aniel Aronstein #rites inH
34 never has there been a post-modern piece hose title - and sub5ect - better captured the vapidity!
mendacity! immorality! banality! elitism! silliness! and ugliness of post-modernism: "sno hite
and the madness of truth"
64 - outrage at genocide 7or those aiding! abetting! condoning! or glorifying it4 is not +898(:
honorable! admirable! and moral - it is I+2890TI;8$
3 - if you leave aside everything! nothing is left< there)s nothing outrageous leftover for those of us
ith the courage of our convictions to attac/%
@e also admonishes me thusH 1do not apologi*e for genocide or those that ould$ It is shameful!
rong! and self-defeating%1
-,ll let =%:% readers decide i this is #hat -,ve done in my post a"ove%
&inally, :aniel sends in this additional inormation #orth readingH
S><:-S@ ,A!T, ?UT!A2<
1=n .anuary 3>! Israel)s ambassador to Seden! ?vi +a*el! attended a Stoc/holm art sho lin/ed
to an international conference on preventing genocide$ +a*el as shoc/ed to encounter there a
large e#hibit glorifying the 2alestinian terrorist ho murdered 63 Israelis at %aifa)s +a#im
restaurant in =ctober$ 1ubbed "Sno @hite and the +adness of Truth!" the e#hibit shoed a tiny
sailboat floating on a pool of red ater$ 0ttached to the boat as a smiling photo of the female
bomber! %anadi .aradat$ In protest! +a*el pulled the plug on three spotlights illuminating the
e#hibit! and /noc/ed one light fi#ture into the red pool$
The e#hibit and )artists)
+edia coverage largely donplayed the e#hibit)s clear glorification of genocide A a grave irony!
given the theme of the conference$ +edia reports instead suggested that the e#hibit)s meaning is
open to broad interpretation! or that it merely laments all +ideast bloodshed$
0bsent from nearly all reports as the poetic te#t accompanying the e#hibit! submitted by the
artists! hich 5u#taposes the )beauty) of the red pool of blood upon the moral )Sno-hiteness) of
the terrorist:
Bor the .une 36 deaths of her brother! and her cousin$$$ seemingly innocent ith universal non-
violent character$$$ @eeping bitterly! she added: )If our nation cannot reali*e its dream and the
goals of the victims! and live in freedom and dignity! then let the hole orld be erased)$$$ 9un
aay! then! you poor child$$$ and the red loo/ed beautiful upon the hite$
%ere are three e#amples of the media)s selective omission:
34 '', rote: "Its Israeli-born creator re5ected the charge Cof condoning violenceD! saying the
or/ had a message of openness and conciliation$$$ )I)m absolutely opposed to suicide bombers)! he
added$"
64 The -e :or/ Times -es Service reports that one of the artists e#plained: "I anted to sho
ho incomprehensible it is that a mother of to A ho is a layer no less A can do such a thing!"
she said! apparently confusing the %aifa bombing ith an attac/ last ee/ by another 2alestinian
oman$
34 The 7EF4 =bserver spun the story 3GH-degrees! presenting +a*el A not the 2alestinianI A as the
/iller: 2eaceful Sedes ere nearly /illed hen "an ambassador erupted in violent protest$$$
C+a*elD ripped out electrical ires! grabbed a spotlight and hurled it into a fountain! causing it to
short circuit and become a potential death trap$"
1utch television has actual film of +a*el! calmly al/ing around the e#hibit! unplugging the
spotlights! and pushing one of the 7unplugged4 lights into the ater$
'9=0189 ,=-T8JT
@hile one could debate if +a*el)s act as appropriate! it is essential to recogni*e that this story
runs far deeper than one art e#hibit$ 0ssociated 2ress provides important bac/ground conte#t to
the story:
There has long been debate over here criticism of Israel ends and anti-Semitism begins$ The
current round touched a deeper chord! because many Israelis feel outsiders often accept the
2alestinians) use of suicide bombings against civilians$
0s 0mbassador +a*el e#plained:
This e#hibit as the culmination of do*ens of anti-Israel and anti-.eish events in Seden$ @hen
you don)t protest it gets orse and orse$ It had to be stopped someho! even by deviating from
the behavior of the buttoned-don diplomat$
The Israeli government supports +a*el)s protest! and the .erusalem 2ost had this to say:
0s for "diplomacy!" +a*el as communicating his point in the only ay possible$ 0 formal protest
ould merely have been "duly registered!" filtered and lost in the bac/ channels of 8uropean
diplomacy$ So he chose to scream$ 'ut screaming as the only option 8urope no gives Israel$
1id your local paper)s coverage of +a*el)s act of protest fail to note the artists) accompanying te#t!
hich casts a mass murderer as a )Sno-hite) victimK If so! rite a letter to the editor!
Luestioning the omission of the artist)s literal )hiteash) of 2alestinian terror%1
$?!<H
Nelson Ascher #rites inH
"I)d 5ust li/e to remar/ that! first! that specific piece in the e#hibition asn)t actually destroyed or
irrecoverably vandali*ed! because that is not a uniLue! irreproducible ob5ect that has hat @alter
'en5amin called an "aura"$ =n the contrary! it could be and as repaired in minutes and! based at
it is! on an idea! hoever bad! rather than on uniLue materials! it can! ith some ater! red in/! a
little boat and a photograph! be reproduced! reenacted! repeated anyhere! for instance! in my
on bath tube$ Second! the %aaret* articulist arrogantly Luestions the ambassador)s credentials to
5udge hether that is or isn)t art and then! arrogantly too! passes his on aesthetic 5udgment on
the beauty of the te#t$ +ore to the point! he generali*es as he ishes the meaning of an individual
act! interpreting it as paradigmatic of his country)s ay of dealing ith art or disagreement or the
2alestinians! hatever$ @ell! his interpretation of the act seems to me much more sub5ective and
biased than the ambassador)s interpreation of the said art ob5ect$
'ut all this is! at best! unimportant$ @hat seems important to me is that there is a symbolic ar
going on that)s in every ay as ferocious as the real one$ Symbols are attac/ed and destroyed$
Saddam)s statue as destroyed in 'aghdadK @ell! the protesters in (ondon erected and destroyed
a statue of George 'ush$ 'ut limits are artificially imposed on this symbollic battle$ 'urning the
star-and-stripes is =F and lafull! even in the ES$ The burning of "la tricolore"! on the other hand!
can get you in 5ail in Brance! and moc/ing "(a +arseillese" too$ The star of 1avid can be
5u#taposed ith the sasti/a! but try! either on the streets of (ondon! 2aris! Stoc/holm! either on
those of 9ammallah! ,airo etc$! to do the same ith the crescent$ It ould be nice to see hat the
reaction ould be in 8urope to an art ob5ect glorifying 'aruch Goldstein$
8ven more important is the folloing: the systematic corruption of all concepts that once seemed
to be crystal-clear$ %uman rightsK :es! of course! but not those of people murdered by suicide-
bombers$ 0ntiracismK Ta/e a loo/ at hat ent on in 1urban here this noble idea ent hand in
hand ith the "2rotocols of the 8lders of ?ion"$ The %olocaustK =f course! but only those 7in loer-
case and in the plural4 perpetraded by .es! sorry! ?ionists! against 2alestinians$ The %aaret*
articulist even mentioned that poor e#cuse of an old-fashioned boring stalinist! .osM Saramago
7hose or/s I can read in his on language4$ %e compared .enin to 0uschit*! an offensive lie
that managed to offend someone ho couldn)t be suspected of being a right-ing or mainstream
?ionist: %aaret* reporter 0mira %aas$ @ell! ho did the Israelis reactK +any of them by not
buying his boo/s! and I thin/ that)s their right$ 1id Saramago have to go into hiding protected by
the 'ritish secret servicesK %ardly$
In short! the ar has been ta/en over to the symbolic sphere and! there! it is also being fought in a
dirty ay$ Those ho react to a 5ournalist)s anti-0rab diatribe by firing him have only nice ords
to say hen it comes to the anti-.eish diatribe of a poet or/ing for the same organi*ation$ -ot
very even-handed! is itK
If even in the real orld of real people double-standards are alloed to proliferate! in the symbolic
sphere it is much easier to get aay ith them$
Binally! 5ust a Luestion$ I on)t even discuss the futility of programming an artistic event as a
forum to discuss genocide$ Individual authors or artists might be moved to try to deal ith this
phenomenon! but thin/ing that! through a medium that is hardly ob5ective and that is almost
alays! by its very nature! ambivalent at best! genocide can be productively discussed doesn)t
sound li/e a great idea to me$ 'ut let)s admit that genocide might be debated in a place surrounded
by creative or/ associated in some ay to it 7since art is never about this or that! rightK4$ Then!
admitting all this! hat is a or/ dealing in its on ay ith the +iddle 8ast doing there
e#actlyK To allow that work in that very exhibition means that the organizers agreed
with the biased and one-sided thesis that theres a genocide going on in the region.
!ow" we know genocides ocurred in #rmenia" $ambodia" %wanda and during the
&olocaust. But the very fact of giving the contemporary 'iddle (astern situtation"
the #rab-Israeli conflict" a place in that forum is not a way to formulate pertinent
)uestions" but to pass a sentence" an anti-Israeli sentence" an a priori condemnation
of Israel" without anything remotely resembling due intellectual or even artistic
process. *hile we may defend the artists freedom of expression" however
unreasonable that expression is" that doesnt mean that the decision of those
responsible for the museum might be defended in the same way" because it is their
work to be +udgemental" to chose and to be able to explain and +ustify their choices.
#nd Im still waiting for them to tell us why have other works been refused and this
one accepted" what are their criteria" whats the connection between the #rab-Israeli
conflict and the exhibitions explicit theme" genocide" and so on. This they havent
done" protecting themselves behind empty talk about artistic freedom" a freedom
they" who must chose between many works" are paid for by the public to grant as
much as to deny%1 Wemphasis addedX
>nder a treaty entered into with the sultans o6 5ulu and 1aguindanao in 0?/), the 5paniards recogniCed the
independence o6 the two sultanates. :hus, the 5ulu sultan later became the so9ereign ruler o6 5abah.
A 0)-year ci9il war broke out in #runei between two sultans, one o6 whomD5ultan 1uaddinDre'uested military aid
6rom the 5ulu sultan. &n 0?EF, the #runei ci9il war ended. :he 9ictor, 5ultan 1uaddin, later ceded 5abah to the 5ulu
sultan.
&n 0*E*, the 5ulu sultan entered into a deed o6 paak with Austrian Gusta9us #aron de <9erbeck and Englishman
Al6red %ent, who were representati9es o6 a #ritish company. :he deed was written in Arabic. &n 0G/?, pro6essor
Harold Conklin translated the term paak as Hlease.I :he 0*E* %eed pro9ided 6or an annual rental.
Main basis of dispute
:his treaty constitutes the main basis o6 the territorial dispute between the Philippines and 1alaysia o9er 5abah. :he
Philippines claims that the term paak means lease while 1alaysia claims that it means cession.
H3easeI means a contract by which a right6ul possessor o6 real property con9eys the right to use and occupy the
property 6or consideration, usually rent. HCessionI means the relin'uishment or trans6er o6 land 6rom one state to
another.
&n 0**0, the syndicate represented by <9erbeck and %ent was chartered as #ritish 2orth #orneo Co. 7#2#C8. &n
0*G*, under the :reaty o6 Paris, 5pain sold the Philippines to the >nited 5tates. :he treaty boundaries allegedly did
not include 5abah.
%uring =orld =ar &&, the $apanese occupied #runei. A6ter the war, in 0G/?, the #ritish Crown granted #runei the
status o6 crown colony. &n 0G?-, 5abah oined 1alaysia.
Whats at stake
At stake in the territorial dispute o9er 5abah between the Philippines and 1alaysia are two main priCes+ natural
resources and national security.
5abah has been 6ound to contain rich oil and gas reser9es, according to the 5ingapore-based (acts Global Energy. &t
is said that signi6icant pipeline proects, to be led by 1alaysian companies in 5abah, will bring about the 6irst gas
production by 1ay ,)0F and power production by 2o9ember ,)0F.
5abah also poses a security risk 6or both countries because it is allegedly the lair o6 the al-Jaida-linked regional terror
group $emaah &slamiyah. Hence, 5abah could be used by terrorists as the springboard 6or a pan-&slamic state.

Philippine claim
:he Philippine claim is based on the argument that the 0*E* %eed or paak was a treaty o6 lease.
&n 0GF), Congress adopted a Hconcurrent resolution e;pressing the sense o6 the Philippines that 2orth #orneo
belongs to the heirs o6 the sultan o6 5ulu and the ultimate so9ereignty o6 the Republic o6 the Philippines, and
authoriCing the President to conduct negotiations 6or the restoration o6 such ownership and so9ereign urisdiction o9er
said territory.I
&n 0G?0, President %iosdado 1acapagal 6iled the Philippine claim to 5abah. :he ne;t year, in the >2 General
Assembly, the Philippine Kice President appealed 6or help in promoting a peace6ul resolution to the 5abah issue.
Heirs declaration
&n 0G?,, the heirs o6 the 5ulu sultan issued a declaration, titled HRecognition and authority in 6a9or o6 the Republic o6
the Philippines,I which ceded and trans6erred so9ereignty o9er 5abah to the Philippines. :he Republic o6 the
Philippines accepted the cession o6 so9ereignty made by the 5ulu sultan. &n that same year, Congress reiterated its
0GF) resolution.
:he 5ulu sultanLs heirs later met with President CoraCon A'uino, who ad9ised them to organiCe themsel9es. 5he
wrote the 1alaysian prime minister asking him to increase the lease payment. Howe9er, 1alaysia contended that in
0G*G, the 5ulu sultanLs heirs had re9oked their authoriCation issued to the Philippine go9ernment as their
representati9e. &n ,))0, another heir sent another demand letter 6or an increase in lease payments.
PH retains claim
&n ,))*, President Gloria 1acapagal-Arroyo issued HGuidelines on 1atters Pertaining to 5abah,I which re'uired any
o66icial acti9ity related to 5abah to 6irst obtain clearance 6rom the %epartment o6 (oreign A66airs. &n ,))G, Arroyo
signed the new law on the archipelagic baselines o6 the Philippines, which & sponsored. :his law was upheld in ,)00
by the 5upreme Court, which categorically stated that the Philippines retained its claim to 5abah.
&t should be emphasiCed that the Philippine claim has been supported by no less than the #ritish minister o6 6oreign
a66airs at the time, Earl Gran9ille. He was negotiating the 0**F protocol and at one point he was replying to the
protest o6 5pain and the 2etherlands o9er the grant o6 the royal charter to #2#C, which included 2orth #orneo.
Gran9ille said that the #2#C charter also HrecogniCes the grants o6 territory and powers o6 go9ernment made and
delegated by the 5ultans in whom the so9ereignty remains 9ested.I
&n the 6urther course o6 negotiations among certain colonial powers, Gran9ille again stated+ H:he so9ereignty in our
9iew is 9ested in the 5ultans and was merely delegated by them to the company by their concessions.I
Malaysian claim
:he 1alaysian claim is based on the argument that the original document was a treaty o6 cession. 1alaysia traces its
claim to the 0*E* %eed signed by the 5ulu sultans in 6a9or o6 the ad9enturers <9erbeck and %ent, members o6 a
syndicate, which was e9entually organiCed into #2#C. &t is claimed that the two ad9enturers entered into the 0*E*
%eed as representati9es o6 #2#C and thus attained so9ereignty o9er 5abah.
&n $une 0G/?, the #ritish Crown and #2#C entered into an agreement, which appears to cede and trans6er all the
rights, powers and interests o6 #2#C on 2orth #orneo to the #ritish Crown.

End with nothing
As in astrophysics, in international law, i6 you begin with nothing, you end with nothing. :he two Europeans ne9er
ac'uired so9ereignty o9er 5abah and had no power to trans6er that so9ereignty to #2#C, to the #ritish Crown or to
1alaysia, which is merely a successor-in-interest to #ritain.
&n (ebruary 0G?/, the 1alaysian prime minister entered into an understanding with the Philippine President to
discuss Has soon as possible the best way o6 settling the dispute, not precluding re6erence to the &nternational Court
o6 $ustice.I &n August o6 that year, the two go9ernments, in an e;change o6 aides-memoire, authoriCed a meeting o6
their representati9es in #angkok to clari6y the Philippine claim and discuss the means o6 settling the dispute.
&n 0G??, 1alaysia sent a diplomatic note repeating its assurances on the concern o6 the two go9ernments o9er the
5abah dispute. &n (ebruary 0G??, the Philippines proposed Hthat both go9ernments agree as soon as possible on a
mode o6 settlement that is mutually acceptable to both parties.I
As a student o6 international law, & humbly submit that the historical records indicate that so9ereignty o9er 5abah was
9ested in the 5ulu sultan. &n turn, the sultanLs heirs ceded so9ereignty o9er 5abah to the Philippines. :here6ore, it is
the Philippines that now possesses so9ereignty o9er 5abah.
&n contrast to the Philippine claim, 1alaysiaLs claim is based only on two #ritish representati9es, <9erbeck and %ent,
who entered into the so-called 0*E* %eed. 5ince the 1alaysian claim ultimately depends upon this deed, then the
claim is 'uestionable on two grounds.
(irst, since the deed is written in Arabic, it is a 'uestion whether the intent was to engage in a deed o6 lease or in a
deed o6 cession. 5econd, under international law, #ritish nationals could not assume state so9ereigntyM they had no
legal status to accept a deed o6 cession o6 territory.

Principle of lease of territory
>nder international law, a lease o6 territory is an agreement by which a subect, ordinarily a state, grants another
subect o6 international law, also ordinarily a state, the right to use and e;ercise control o9er part o6 the 6ormerLs
territory. <nce territory is leased, so9ereignty o9er it remains with the lessor and is di9orced 6rom urisdiction, which is
granted to the lessee. 3ease o6 territory is usually granted in return 6or an annual 6ee.
=rong6ul acts committed with respect to a leased territory 6ollow the general rules o6 attribution. 5ince 1alaysia
apparently has committed wrong6ul acts, which ha9e resulted in the deaths o6 (ilipinos in 5abah, 1alaysia has
assumed state responsibility. >nder international law today, the 6ocus is on the human rights obligations o6 1alaysia
toward the (ilipino indi9iduals and population associated with 5abah.

Principle of effectivit!s
&n the dispute between the Philippines and 1alaysia o9er 5abah, neither side appears to ha9e considered the
principle o6 e66ecti9itNs. :his is a (rench term re6erring to acts undertaken in the e;ercise o6 state authority, to which a
state mani6ests its intention to act as a so9ereign o9er a territory.
2ot e9ery person can display state so9ereignty. <nly persons whose acts are attributable to a state can per6orm an
act undertaken in the e;ercise o6 so9ereignty on its behal6. :he acts o6 pri9ate entities are in principle not attributable
to a state. :hus, they cannot create a title o6 so9ereignty 6or a state. &n the case o6 the Europeans <9erbeck and
%ent, the issue is whether those two persons were allowed to e;ercise elements o6 go9ernmental authority.
>nder international law, the presence o6 a population in a territory is not in itsel6 determinati9e 6or deciding which state
is the holder o6 the territorial title o6 so9ereignty. #ut in brie6, in a territorial dispute, the legal 9alue o6 e66ecti9itNs is to
be assessed according to the e;istence or none;istence o6 legal title.
E66ecti9itNs undertaken by the 1alaysian go9ernment do not create a territorial title because 1alaysia has no title o6
so9ereignty o9er 5abah. #ecause the title o6 so9ereignty o9er 5abah is held by the Philippines, our title has primacy
o9er contradictory e66ecti9itNs o6 1alaysia. :he e66ecti9itNs o6 1alaysia are unlaw6ul and cannot in themsel9es create
a title o6 so9ereignty.
=hen we analyCe a territorial dispute, we ha9e to painstakingly consider state conduct. Philippine state conduct
ser9es to maintain our right o6 so9ereignty o9er 5abah. E9en i6 the Philippines has lost control o6 its territory, the
country continues to claim 5abah by issuing protests and by enacting legislation, or by taking rele9ant conduct
regarding 5abah, by which it mani6ests its intent to remain the so9ereign.
"iplomatic protection
Contemporary international law prohibits the use o6 6orce. Howe9er, some authors claim that as part o6 the le; lata,
there is an unwritten e;ception, which allows states to protect or rescue their nationals by means o6 armed 6orces in
the territory o6 another state. =ith respect to the 5abah e9ent, & do not subscribe to this e;ception because no armed
attack has been made on Philippine territory. =ithout an armed attack, there can be no law6ul sel6-de6ense.
#escue operation
Howe9er, & humbly take the position that it is now a rule o6 customary international law that a limited 6orcible action,
with the legitimate aim o6 rescuing a stateLs own nationals, pro9ides unwritten usti6ication to use armed 6orce in
5abah without the consent o6 1alaysia. 5ince 0G?), these rescue operations ha9e been a 6eature o6 modern state
practice. Authorities say, H:he opinio uris o6 the states carrying out the rescue operations would seem to carry
enough weight, as to gi9e e9idence o6 an unwritten rule in customary international law.I
5hould the Philippines engage in a rescue operation 6or (ilipinos in 5abah, the country should con6orm to the
6ollowing preconditions+
0. :he li9es o6 (ilipinos should be genuinely in dangerM
,. 1alaysia is unwilling or unable to ensure the sa6ety o6 the persons concerned 7ultima ratio8M
-. :he Philippines does not pursue any other purpose on the occasion o6 the operationM
/. :he scale and e66ects o6 the military 6orce used are ade'uately measured to the purpose and conditions o6 the
operation. :hus, the impact on the other stateLs territory is kept to the absolutely necessary minimum.
$act%finding mission
:he two disputants o9er 5abah both base their claim on the 0*E* %eed signed by the 5ulu sultan in 6a9or o6 two
representati9es o6 a #ritish company. :here6ore, the end game should be to promulgate a treaty-based regime in
5abah. :hat is the long-term goalM but the short-term goal should be to e;tend immediate diplomatic protection to
(ilipinos in 5abah by means o6 a 6act-6inding mission.
>nder the >nited 2ations Charter, international law re'uires the paci6ic settlement o6 disputes by negotiation, en'uiry,
mediation, conciliation, arbitration, udicial settlement, use o6 regional agencies or arrangements, or other peace6ul
means o6 the partiesL own choice.
&hird party in'uiry
>nder the 0G)E Hague Con9ention 6or the Paci6ic 5ettlement o6 %isputes, the method o6 in'uiry and 6act 6inding can
be used Hto 6acilitate a solution o6" disputes by elucidating the 6acts by means o6 an impartial and conscientious
in9estigation.I :his means that the Philippines and 1alaysia should agree on a third party to carry out an in'uiry,
which should precede any paci6ic dispute settlement, speci6ically negotiation, mediation, good o66ices and conciliation.
(act-6inding commissions ha9e been used by the >nited 2ations and other international organiCations to in9estigate,
6or e;ample, the in9ol9ement o6 mercenaries in an in9asion o6 the 5eychelles in 0G*0 and the use o6 chemical
weapons in the Gul6 =ar between &ran and &ra' in 0G*E.
(elf%defense
1y humble recommendation is that the disputants settle the dispute in the 6irst instance by the method o6 in'uiry and
6act 6inding. =hat actually happened during the recent 5abah e9ent4 %oes resorting to armed 6orce con6er state
responsibility on 1alaysia 6or internationally wrong6ul acts4
>nder modern international law, the 6orce6ul actions o6 states are limited by the principle o6 necessity and the principle
o6 proportionality. 2ecessity is a component o6 legitimate sel6-de6ense and re'uires that any 6orce6ul action must be
by way o6 last resort. Proportionality is the principle that the use o6 6orce should be in proportion to the threat or
grie9ance pro9oking the use o6 6orce. :hese are the human rights issues that need to be immediately and e'uitably
addressed.
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The 5hilippines has "een hailed as 1Asia,s rising star1 "y a glo"al think tank, as it noted that it
e8pects the country to gro# aster than most o the #orld this year and in 201*%
Stellar economic e8pansion made the 5hilippines 1among the "rightest parts o a generally gloomy
glo"al picture,1 $oodyGs Analytics said in a report released >ednesday%
The country,s gross domestic product topped e8pectations "y gro#ing )%) percent in 2012, a result
$oody,s Analytics said 1looks sustaina"le, as risks are lo# and most sectors o the economy are
gro#ing solidly%1
1>e e8pect 2:5 gro#th to remain in the )%( to 73percent range in 201; and 201*, making the
5hilippines one o the #orld,s astest3gro#ing economies,1 the report noted%
The orecasts he# to the government target o )37 percent in 201; and )%(37%( percent ne8t year%
$oody,s Analytics is a sister company o glo"al de"t #atcher $oody,s -nvestor Service, #hich places
the 5hilippines a notch "elo# investment grade #ith a =a1 rating%
The 5hilippines last month "agged its irst3ever investment grade in history rom credit #atchdog
&itch !atings, #hich also lauded gro#th amid a glo"al slo#do#n%
$oody,s Analytics linked the 5hilippine,s perormance to 1good governance1 #hich it said is 1ar and
a#ay the most important driver o gro#th in emerging markets%1
-t also lauded 5resident =enigno AFuino --- or implementing much3needed reorms and or
continuing those initiated during the Arroyo administration%
1The government,s 20113201) development plan provides a ive3year "lueprint or gro#th and
development, providing transparency, predicta"ility and accounta"ility,1 the report said%
1The crackdo#n on corruption and encouragement o local and oreign investments, in particular,
have #orked #ell,1 it added%
?perational risks have ho#ever "een cited in terms o private investment, #ith $oody,s Analytics
underlining 1complicated and changea"le1 regulations and ta8es%
-t also noted the need to 1ease restrictions on oreign o#nership and streamline rules or starting
"usinesses, paying ta8es and dealing #ith #orkers1 in order to attract more oreign capital%
1Some lo#3hanging policy ruits have already "een picked, "ut i development and reorm continue
near their current pace, the 5hilippinesG potential rate or gro#th #ill rise to#ards ' percent "y
201),1 it added%
Southeast Asian leaders on Thursday called or urgent talks #ith China to ensure that increasingly
tense territorial disputes over the South China Sea did not escalate into violence%
The 103mem"er Association o Southeast Asian Nations /AS<AN0 #rapped up a t#o3day summit in
=runei #ith a chairman,s statement in #hich they emphasised the importance o 1peace, sta"ility and
maritime security in the region1%
=runei,s Sultan @assanal =olkiah, the host o the talks, told reporters ater the summit that the
leaders #anted to 1urgently #ork on a code o conduct1 #ith China aimed at deusing tensions in the
strategically vital "ody o #ater%
The other key ocus at the summit #as pushing or#ard plans to create a single market or Southeast
Asia and its )00 million people 33 kno#n as the AS<AN <conomic Community 33 "y 201(%
@o#ever the lashpoint South China Sea issue dominated the meeting, amid gro#ing concern among
some Southeast Asian countries over China,s increasing aggression in laying claim to the #aters%
China says it has sovereign rights to nearly all o the South China Sea, #hich is "elieved to sit atop
huge deposits o oil and gas% -t is also home to some o the #orld,s "usiest shipping lanes and richest
ishing grounds%
AS<AN mem"ers the 5hilippines, Dietnam, $alaysia and =runei, as #ell as Tai#an, also claim parts
o the sea%
The competing claims have or decades made the area one o Asia,s potential po#der kegs or
military conlict% China and Dietnam ought "attles in 1+7* and 1+'' or control o islands that let
do.ens o soldiers dead%
Tensions have risen again in recent years as China has used increasingly aggressive diplomatic and
military tactics to assert its authority%
Among the actions that have caused alarm #ere China,s occupation o a shoal close to the
5hilippines, main island last year, and the deployment last month o Chinese naval ships to #ithin
'0 kilometres /(0 miles0 o $alaysia,s coast%
AS<AN endured unprecedented inighting last year as the 5hilippines and Dietnam ailed to
persuade the "loc to send a united message o concern to China%
Cam"odia, a close China ally that held the rotating chair o AS<AN in 2012, "locked the eorts o the
5hilippines and Dietnam%
Southeast Asian leaders said this #eek,s summit had successully led to a regained sense o unity
#ithin AS<AN on the issue, #ith 5hilippine 5resident =enigno AFuino praising his =runei host or
det diplomacy that helped "uild a consensus%
1<very"ody is interested in having a peaceul resolution and also in voicing%%% concern that there have
"een increasing disputes,1 AFuino told reporters%
Nevertheless, analysts said AS<AN,s calls or China to agree on a legally "inding code o conduct or
the sea #ould likely lead no#here%
AS<AN and China irst agreed to #ork on a code in 2002, "ut the Asian superpo#er has since
reused to discuss it urther%
1China #as never enthusiastic a"out a code o conduct, as it does not #ant to sign an agreement that
#ill constrain its sovereignty3"uilding activities,1 -an Storey, a senior ello# at the -nstitute o
Southeast Asian Studies, told A&5%
@o#ever AFuino said he #as happy that AS<AN leaders had at least united in trying to ensure the
disputes over the South China Sea did not 1"ecome "loody1%
1So there is unity o purpose and one can al#ays "e hopeul that that #ill lead to something more
concrete,1 he said%
-ndonesian &oreign $inister $arty Natalega#a said AS<AN oreign ministers #ould hold talks #ith
China on the issue during a scheduled event in =ei4ing later in the year%
=ut oicials gave no indication o #hether there could "e any meetings "eore then%
=olkiah and other Southeast Asian leaders said progress had "een made this #eek on the AS<AN
<conomic Community, and more than three3Fuarters o its rame#ork had "een agreed upon%
=ut they also cautioned the hardest phases o the negotiations had 4ust "egun%
$anila /5hilippine :aily -nFuirerAANN0 3 The AFuino administration turned the ta"les on =ei4ing on
Saturday, accusing the Chinese government o occupying a piece o 5hilippine territory in the South
China Sea%
A 5alace spokesperson made it clear that $anila #as not a"out to surrender areas in the South China
Sea it claims to "e part o the 5hilippines, e8clusive economic .one and reers to as the >est
5hilippine Sea, a day ater China claimed that the 5hilippines #as trying to legalise its occupation o
islands in the disputed area "y going to the United Nations -nternational Tri"unal or the Ca# o the
Sea or -TC?S%
1>hat,s our position #hen it comes to =a4o de $asinlocV That,s ours% And #e #ill continue to
e8ercise sovereignty over our territory,1 said 5alace spokes#oman A"igail Dalte in a radio intervie#%
Dalte reminded China that the AFuino administration had already iled the case in the -TC?S, 1and
#e are #aiting or developments on that%1
>hen asked "y phone i the 5hilippine government #as still hoping that China #ould change its
mind and accede to an ar"itration process "y a third party, Dalte said, 1-t is the position o the
5hilippine government that taking the case "eore the ar"itral tri"unal is #ell #ithin the rame#ork
#e have chosen to adopt, #hich is a rules3"ased approach%1
&oreign Secretary Al"ert del !osario, or his part, accused =ei4ing o occupying =a4o de $asinloc, one
o the other names or the Scar"ourough Shoal, an outcropping o rocks in a shallo# section o the
>est 5hilippine Sea%
1The Chinese have tried to esta"lish a de acto occupation o =a4o de $asinloc% >hen #e last
checked, - think they had t#o maritime surveillance vessels there, and then they had a isheries la#
enorcement "oat% So they have three vessels there,1 he said in a "rieing at the 5alace &riday%
@e said this prompted the government to avail itsel o the option o seeking international ar"itration
under the United Nations Convention on the Ca# o the Sea /UNCC?S0%
1That train has let the station, and #e are trying to proceed #ith that% >e "elieve that that #ill yield
the results that #e,re ater in terms o providing a dura"le solution% Any solution that #e #ould have
come up #ith, short o a solution that is derived rom the WUNCC?SX, - think, at "est, #ould "e a
transactional solution, and not a dura"le one,1 said :el !osario%
@e said the UN ar"itral tri"unal might "egin deli"erations on the merits o the 5hilippine case "y
Buly, and that the deli"erations #ould proceed even #ithout the participation o China%
:el !osario said the tri"unal,s decision #ould "e 1inal and unappeala"le%1
:el !osario did not make it a secret that the government o 5resident AFuino #as counting on
Dietnam and the rest o the Association o Southeast Asian Nations or support in the country,s
decision to seek international ar"itration%
1And #e also are looking at the solidity and the very good #orking arrangements that #e have in
terms o our cooperation on maritime security% >e are trying to see ho# that can "e improved,1 he
said, reerring to #arming "ilateral relations "et#een the 5hilippines and Dietnam, #hich has its
o#n territorial dispute #ith China over the 5aracel islands in the South China Sea%
1>e,re happy a"out our cooperation, as - said, on the South China Sea% >e received the compliments
o Dietnam%%% their agreement W#ith our decisionX in terms o #hat #e,re trying to do, the processes
that #e,ve adopted% And they,re ully on "oard in terms o cooperating #ith us% >e agreed on ho#
#ell #e are doing in terms o other regional cooperation, and essentially that #as it,1 said :el
!osario%
:uring his t#o3day attendance at the 22nd Asean summit in =runei early this #eek, 5resident
AFuino held "ilateral talks #ith Dietnam 5rime $inister Nguyen Tan :ung%
=oth leaders #ere up"eat over 1the progress o economic relations1 "et#een the t#o countries as
they agreed to 1urther enhance1 and strengthen relations, said the 5alace%
Told that &ilipino ishermen #ere no# "arred rom entering =a4o de $asinloc "y Chinese
authorities, he saidH 1>e have to take a position that #e need to move in concert #ith #hat our legal
advisers are a"le to provide us in terms o guidance% And right no#, they "elieve that #e should give
priority to the ar"itration case%1