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Wednesday 13 March 2013

The Free-est

  

Some members of the mainstream media have no idea of what their obligations are.

Under international law, even the opinions of columnists in newspapers can constitute evidence of a state practice.

Thus, those opinion writers who are so quick to defend what is rapidly becoming an indefensible administration policy on Sabah have overstepped their bounds by calling the Kirams act of returning to Sabah as an “invasion.”

The problem lies mainly in this. The constitution and enacting legislation states quite clearly that Sabah is Philippine territory.

The Philippine claim is existent, though past administrations have done it a disservice by allowing it to lie dormant. For so long as the territory is defined in our law, we must toe the line.

When the Kirams returned to Sabah, the hue and cry surrounding such an act centered primarily on the feeling that they were fomenting trouble.

And so many opinion writers took up the cudgels against the Tausug sultanate allegedly for putting the country in danger of war.

They can’t be blamed though. The tone had already been set by no less than the President of the Republic himself.

Fortunately there were cooler heads that pointed out that claiming Sabah and reiterating that claim is not tantamount to war.

Malaysia is well aware of the claim and any acts of ownership by a contrary claimant cannot, under international law be interpreted as a belligerent act that would amount to a state declaration of hostilities.

It is also the height of narrow mindedness to presume that the only recourse of a counterclaimant is to declare war on an adverse party.

Perhaps they learned their international relations in the era prior to the Cold War? But there are so many other levels of settling the matter, not the least of which is diplomacy.

Thus we had to endure the spectacle of an ill-informed President desperately back tracking on his earlier pronouncements that the Tausugs should “go home,” upon belatedly realizing that based on the claim, they ARE home.

But while the Aquino administration scrambled for experts in the field of International Peace, Conflict and Security, the less informed members of the media took matters into their less than informed hands.

And so we have the spectacle of some rather well-informed columnists of a major newspaper talking about the Kirams “invading” Sabah and taking them to task for the human rights violations of the Malaysian police. The gods of sarcasm must be having a field day.

So dear Mr. Media, this is dedicated to you. Should the Philippines go back to the ICJ on its claim, the Malaysian authorities can very well present your column and say that the Filipino people do not believe that Sabah is theirs because they talk about “invading” it.

So all your bluster about being nationalistic will soon come out in the wash, because your smug self-righteousness took over your sensibilities and you put pen to paper without doing your homework. Or, to paraphrase a famous line, its our territory, stupid.


By: Atty. Trixie Cruz-Angeles
(Source : PSSST! Centro)




To know more about Trixie Cruz Angeles, check out: I AM TRIXIE CRUZ

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