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Panayam kay NSC Asst. Dir. General Jonathan Malaya kaugnay sa pagsasabatas ng Philippine Maritime Zones Act at Philippine Archipelagic Sea Lanes Act

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Transcript
00:00We asked for an update from you at the National Security Council, ADG John.
00:05Of course, partner.
00:06Yes, we're both, let me just acknowledge, we're both wearing Inabel today.
00:10Yes, and we're both wearing Christmas colors.
00:13Yes, because Christmas is just around the corner.
00:15Christmas, yes.
00:16ADG, let's start with what you have to say about the enactment of the Philippine Maritime Zones Act
00:24and Philippine Archipelagic Sea Lanes Act.
00:28How important is this for the country?
00:30And what do these two laws entail?
00:33Well, partner, first of all, we would like to thank our President, President Bongbong Marcos,
00:38our Senate, and our Congress because they enacted these two very important laws
00:46which are very important because these two laws
00:51are included in a domestic legislation or in a Republic Act
00:57that we passed in 2016 in the Permanent Court of Arbitration
01:03and it aligns the contents of our domestic laws
01:06with the United Nations Convention on the Law of the Sea or the so-called UNCLOS.
01:11So, I am very happy because I was in Malacanang on Friday
01:17to sign these very important laws
01:22because, in essence, we are reaffirming our sovereignty
01:26in our territorial sea, in our internal waters and archipelagic waters
01:32while at the same time reaffirming our economic rights and sovereign rights and jurisdiction
01:39in the exclusive economic zone of our country.
01:42For the knowledge of our fellow countrymen
01:45and also for me, these two laws,
01:49they do not add anything.
01:52In other words, is it the same zones that we have been fighting for
01:58from before or even now?
02:01We did not add anything. We did not extend anything.
02:03Nothing. Nothing, partner.
02:05We are sure that whatever is in accordance with international law,
02:09that is in accordance with UNCLOS
02:11and whatever we have won in the Permanent Court of Arbitration,
02:15it is in accordance with these two laws
02:18because, in essence, it simply codifies what is ours for a long time.
02:23So, in essence, it reaffirms our maritime entitlements.
02:27Another law, the Archipelagic Sea Lanes Act.
02:30What is the Sea Lanes Act?
02:32Because this, partner,
02:34for now, under UNCLOS, since we do not have these sea lanes yet,
02:39we cannot control properly those who enter our territory
02:43because, according to UNCLOS,
02:45the responsibility of the party states to UNCLOS
02:48is to provide the passage or what is called the Archipelagic Sea Lanes
02:54because we have what is called the Rights of Navigation Over Flight
02:58provided that these rights are not prejudicial to the peace, good order, and security of the Philippines.
03:05So, in this law, we identified three sea lanes
03:08that can be passed by foreign countries
03:13and they cannot leave those sea lanes.
03:16So, in other words, on the road, you are only on your line.
03:20Correct. It's like, it's a busway.
03:22Yes. You are there. You cannot pass.
03:25And you cannot leave there
03:27because there are partners of these penalties,
03:31the liabilities, right?
03:34For example, if there is a foreign commercial ship
03:39that leaves the sea lanes that we identified,
03:43the liable there is the commercial entity that owns it.
03:48Now, if it's a foreign warship,
03:50the country that owns it,
03:54they are the ones who have liability.
03:56Okay. So, has this started?
03:58Is it now being enforced?
04:00This Archipelagic Sea Lanes Law Partner,
04:03this has to be first published in the official gazette
04:06or in two newspapers of general circulation.
04:09It becomes effective 15 days later
04:11and then we submit this first to the International Maritime Organization.
04:16Because in the IMO,
04:18that's where we will put the meets and bounds,
04:20the specific coordinates of this.
04:23Because there are no coordinates in the law.
04:25Then we submit it to them and then the IMO takes over.
04:28If the whole world agrees,
04:30then it becomes already the Archipelagic Sea Lanes.
04:33Because it's possible that other countries will say,
04:35add more.
04:37So, the law provides for the president to substitute
04:42if there are others.
04:44Because what we identified in this law
04:46is Balintang Channel in the north,
04:49here in Northern Luzon,
04:51Celebes, Cebuto, Sulu, Cuyo, and Mindoro Straits,
04:55and then Celebes Sea, Basilan Strait,
04:58and Balabac Strait.
05:00So, this is just the first step.
05:02There will be future steps in the IMO.
05:04So, this is just the first step.
05:06Yes.
05:07Okay.
05:08Now, let's talk about the convening
05:10and the ruling of China
05:12in the so-called Philippine Maritime Zones Act.
05:16According to China,
05:18this is against their territorial sovereignty
05:20and maritime rights
05:22and interests in the South China Sea.
05:24What can the NSC say about this?
05:27Well, we do not agree with this.
05:29And there is no reason,
05:31in fact, there is no reason
05:33for China to protest
05:35because what is included in the maritime zones law
05:37is what is included in the international law.
05:40In fact, their own laws,
05:44they already have the law of China
05:47on the territorial sea and contiguous zones.
05:49If they have a law, why don't we have one?
05:51So, we are simply reaffirming our rights.
05:56We are simply codifying our rights.
05:58And, I think,
06:00the People's Republic of China
06:02does not need to care
06:04because we do not oppose
06:06any international law here.
06:08Is this what you are saying
06:10when you say that China
06:12has its own law
06:14about their own
06:16baseline and base points
06:18of the territorial sea
06:20next to the contiguous zone
06:22or Scarborough Shoal?
06:24Yes, partner, because yesterday
06:26the PRC said
06:28that they already released
06:30their baselines here in Panatag Shoal
06:32or Scarborough Shoal.
06:34Now, when this was released,
06:36there were no specifics in their press statement.
06:38So, we did not see
06:40that, I think,
06:42they are just reaffirming
06:44their claim in Scarborough Shoal
06:46without giving any specifics
06:48unlike our law
06:50which is very clear.
06:52Also,
06:54we are wondering
06:56what are their baselines.
06:58It is not, in any way,
07:00contained in the press statement that they issued.
07:02And, in any case,
07:04whatever they say, it is not right
07:06because this is against
07:08international law, UNCLOS,
07:10and the 2016 arbitral ruling.
07:12This is a DG issue.
07:14Many people want to know
07:16what the NSC
07:18takes here
07:20in terms of US elections
07:22where President Donald Trump
07:24won again.
07:26What is the implication
07:28of the Trump presidency
07:30and administration
07:32in the national security of the Philippines?
07:34Yes, partner. Actually,
07:36we are always asked
07:38what is the possible change
07:40in US foreign policy
07:42or US security policy
07:44now that Donald Trump
07:46is the new President of the United States.
07:48If we look
07:50at our history during the
07:52first Trump presidency,
07:54the US State Department
07:56in particular
07:58Secretary Mike Pompeo
08:00during the first term of President Trump
08:02said that the Mutual Defense Treaty
08:04stands and that the United States
08:06has our back.
08:08It means that the US fully supports it.
08:10Secondly,
08:12the Free and Open Indo-Pacific
08:14is a strategy
08:16that has been followed
08:18by the Biden administration
08:20since the Trump administration.
08:22It means that
08:24the position of the Philippines
08:26and the position of President Trump
08:28during his first term is very consistent
08:30in so far as security is concerned.
08:32Of course, US trade
08:34passes through the West Philippine Sea
08:36and the South China Sea.
08:38I think that the support of the United States
08:40in the Philippines in leading
08:42the adherence of the world
08:44to international law
08:46will not change.
08:48If there are minor changes,
08:50but we do not see any major changes
08:52in US foreign policy.
08:54Having said that,
08:56maybe there will be changes in the economic issue.
08:58But we at the National Security Council
09:00don't see any major changes
09:02because if we look at the
09:04approach of President Trump
09:06during his first term,
09:08and because of the strong treaties
09:10between the Philippines and the US
09:12and because of the strong people-to-people ties
09:14between the US and the Philippines,
09:16we don't see any major changes.
09:18Alright.
09:20Here we are at IBAPANG
09:22or PEN-ADG,
09:24they expressed a negative reaction
09:26to the group's position
09:28in the Private School Association
09:30Coordinating Council of Private Educational Associations
09:32or COCOPEA
09:34as part of the NTF-LCAC.
09:36According to your group,
09:38this is an intervention
09:40of academic freedom.
09:42Can you explain this ADG?
09:44I don't think there is a reason
09:46for the group to be alarmed
09:48because there is no plan
09:50for the academic freedom
09:52of the private schools.
09:54Academic freedom
09:56is part of the Constitution
09:58of our country
10:00and the mere membership
10:02of the COCOPEA
10:04in the NTF-LCAC
10:06is not a reason
10:08for the group to be alarmed.
10:10In fact,
10:12the government and COCOPEA
10:14want the private schools
10:16to be safe spaces
10:18where critical thinking happens.
10:20It is difficult
10:22if our private schools
10:24become recruitment centers
10:26for radicalization,
10:28violent extremism,
10:30violence, or armed struggle.
10:32I think the government's job
10:34is to make sure
10:36that COCOPEA
10:38becomes a member of the NTF-LCAC.
10:40That is why our President
10:42approved the membership
10:44of COCOPEA
10:46in the NTF-LCAC.
10:48Thank you very much
10:50for your updates
10:52from the National Security Council.

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