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Facebook news goes dark in Australia as spat intensifies

THE AUSTRALIAN LAW will require Facebook and Google to reach commercial deals with news outlets whose links drive traffic to their platforms, or be subjected to forced arbitration to agree to a price. — JANNOON028-FREEPIK

SYDNEY — Australians woke to empty news feeds on their Facebook, Inc. pages on Thursday after the social media giant blocked all media content in a surprise and dramatic escalation of a dispute with the government over paying for content.

The move was swiftly criticized by news producers, politicians and human rights advocates, particularly as it became clear that official health pages, emergency safety warnings and welfare networks had all been scrubbed from the site along with news.

“Facebook was wrong, Facebook’s actions were unnecessary, they were heavy-handed, and they will damage its reputation here in Australia,” Treasurer Josh Frydenberg told a televised news conference.

Mr. Frydenberg said Facebook Chief Executive Mark Zuckerberg gave no warning of the news shutdown when the pair spoke over the weekend about looming laws that will force both Facebook and search engine giant Google to pay local publishers for content.

The two men had a subsequent conversation on Thursday morning which was “constructive,” Mr. Frydenberg said, adding that they discussed “differing interpretations” about how the new Media Bargaining Code would work.

Facebook’s drastic move represents a split from Alphabet, Inc.-owned Google after they initially joined together to campaign against the laws. Both had threatened to cancel services in Australia, but Google has instead sealed preemptive deals with several outlets in recent days.

Rupert Murdoch’s News Corp. was the latest to announce a deal in which it will receive “significant payments” from Google in return for providing content for the search engine’s News Showcase account.

Google declined to comment on the Facebook decision on Thursday.

The Australian law will require Facebook and Google to reach commercial deals with news outlets whose links drive traffic to their platforms, or be subjected to forced arbitration to agree to a price.

Facebook said in its statement the law, which is expected to be passed by Parliament within days, “fundamentally misunderstands” the relationship between itself and publishers, and it faced a stark choice of attempting to comply or banning news content.

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The changes made by Facebook wiped clean pages operated by news outlets and removed posts by individual users sharing Australian news, three days before the country begins a nationwide vaccination to slow the spread of COVID-19.

Lisa Davies, editor of daily The Sydney Morning Herald newspaper, owned by Nine Entertainment Co. Ltd., tweeted: “Facebook has exponentially increased the opportunity for misinformation, dangerous radicalism and conspiracy theories to abound on its platform.”

The Facebook pages of Nine and News Corp., which together dominate the country’s metro newspaper market, and the government-funded Australian Broadcasting Corp., which acts as a central information source during natural disasters, were blank.

Also affected were several major state government accounts, including those providing advice on the coronavirus pandemic and bushfire threats at the height of the summer season, and scores of charity and nongovernmental organization accounts.

“This is unacceptable,” tweeted Brianna Casey, chief executive of hunger relief charity Foodbank.

“Demand for food relief has never been higher than during this pandemic, and one of our primary comms tools to help connect people with food relief info and advice is now unavailable,” she said. “Hours matter when you have nothing to eat. Sort this!”

By mid-afternoon, many government-backed Facebook pages were restored but several charity pages and all media sites remained dark, including those of international outlets like the New York Times, BBC and News Corp.’s Wall Street Journal.

A Facebook representative in Australia did not immediately reply to a request for comment on the situation. Facebook Australia’s own page was down for a period of time before being restored.

“This is an alarming and dangerous turn of events,” said Human Rights Watch in a statement. “Cutting off access to vital information to an entire country in the dead of the night is unconscionable.”

Communications Minister Paul Fletcher said Facebook had sent the message to Australians that “you will not find content on our platform which comes from an organization which employs professional journalists, which has editorial policies, which has fact-checking processes.”

Health Minister Greg Hunt said Facebook pages of numerous community health projects had been shuttered and “the fact that the kids cancer project could be affected is, frankly, a disgrace.” — Reuters

India to test travelers from Brazil, South Africa, UK on new strains

NEW DELHI — India will make coronavirus disease 2019 (COVID-19) molecular tests mandatory for people arriving directly or indirectly from the United Kingdom, South Africa and Brazil to contain the spread of more infectious virus variants found in those countries.

India, which has reported the highest number of overall COVID-19 cases after the United States, detected the South African variant in four people last month and the Brazilian one in one person this month.

The government has said the South African and Brazilian strains can more easily infect a person’s lungs than the UK mutation. India has reported 187 cases of infection with the UK variant.

The government late on Wednesday said airlines would be required from next week to segregate inbound travelers from those countries. India does not have direct flights with Brazil and South Africa, and most people traveling from these countries generally transit through Middle Eastern airports.

“All the travelers arriving from/transiting through flights originating from the United Kingdom, Europe or the Middle East shall be mandatorily subjected to self-paid confirmatory molecular tests on arrival,” India’s Ministry of Health and Family Welfare said in a statement.

All flyers will also have to carry a recent COVID-negative report before boarding any flight to India, except in extraordinary circumstances like death in a family.

India has reported about 11 million coronavirus cases and more than 155,000 deaths. Cases have come down sharply since a mid-September peak of nearly 100,000 a day.

But a government serological survey released this month showed that nearly 300 million of India’s 1.35 billion people might already have been infected by the virus.

The country has also given 9.2 million vaccine doses since starting its campaign on Jan. 16. — Reuters

Malaysian ex-prime minister’s wife to be tried for corruption

KUALA LUMPUR — A Malaysian court on Thursday ordered Rosmah Mansor, the wife of former Prime Minister Najib Razak, to enter a defense in a corruption trial linked to a multimillion-dollar project approved while the ex-premier was still in power.

Dozens of graft charges were filed against the couple after Mr. Najib lost the 2018 election, amid anger over alleged corruption and their opulent lifestyle after police raids revealed Ms. Rosmah owned millions of dollars worth of jewelry and luxury handbags.

The Kuala Lumpur high court ruled that the prosecution had proved sufficient grounds for the case to proceed.

“This is my finding that the prosecution has produced credible evidence to prove every element of the offence, Judge Mohamed Zaini Mazlan said in his ruling. “I now call upon the accused to enter a defense.”

Ms. Rosmah, who wore a traditional Malay dress with a shawl covering her head, told the court that she would testify under oath during defense proceedings.

Her lawyer, Jagjit Singh, said after the hearing the defense would be “hampered to a certain extent” because the judge did not explain the factors behind his decision, adding that this had caused his client emotional distress.

“We had to comfort her a little bit. We just told her to go back to her house and remove all the stress that has gone through here,” Mr. Jagjit told reporters.

Ms. Rosmah was earlier accompanied by Mr. Najib, who had to leave midway through her hearing to attend to his own court case.

Ms. Rosmah, 69, faces three charges of soliciting and receiving bribes involving a sum of 194 million ringgit ($48.09 million) to help a company, Jepak Holdings Sdn Bhd, secure a solar power project.

Of that total, prosecutors accuse Ms. Rosmah of arranging for 187 million ringgit to be paid as a political donation to Mr. Najib, while also receiving two bribes of 6.5 million ringgit. If found guilty, she could be jailed for as long as 20 years and fined at least five times the sum specified in the charges.

In July, Mr. Najib was found guilty of corruption and sentenced to 12 years in jail in the first of several trials linked to a multibillion-dollar scandal at state fund 1Malaysia Development Berhad. He has since appealed the decision.

The couple have denied any wrongdoing, saying the charges are politically motivated. — Reuters

Social loafing in the time of COVID-19

Nothing surprised us more than the admission of Secretary Carlito Galvez, Jr., the chief implementor of COVID-19 (coronavirus disease 2019) task force, before the Philippine Senate on Feb. 11 that the Philippine Government has yet to seal an agreement with any pharmaceutical company on the supply of vaccines.

What happened to the previous announcement as reported by this broadsheet on Feb. 9 that “the government is in talks for more than 100 million doses with drug makers worth $1.2 billion and about $40 million doses under the COVID-19 Vaccine Global Access (COVAX) facility of the World Health Organization (WHO) worth $84 million?”

Galvez blamed tight global supply.

No less than Health Secretary Francisco Duque III confirmed Galvez’ admission.

Only non-binding term sheets with five drug makers involving some 108 million doses were all we had when the health authorities announced that the arrival of the vaccines is only a few weeks away. We thought after the ball was dropped last year with Pfizer, we had learned our lesson. We could have taken delivery of the initial doses early last month. We could have saved lives, as expressed by Senator Panfilo Lacson during the Senate hearing.

What are we receiving in the next few days?

Secretary Duque advised the senators that we would be getting 600,000 doses of the Sinovac vaccines donated by China by Feb. 23. Another 117,000 doses would come from Pfizer courtesy of the COVAX vaccine alliance after the initial schedule of Feb. 15 because of some delay in the paperwork. For the record, Galvez qualified that the donation has not been issued emergency use authority (EUA) by the Food and Drug Administration.

This information confirms our suspicion that we are partly depending on another nation’s donation and supplies from COVAX. So far, COVAX has signed an advance purchase agreement for up to 40 million doses of the Pfizer vaccine. An additional 150 million doses of the AstraZeneca vaccine might be coming within the first quarter 2021 through the Serum Institute of India and AstraZeneca itself.

But the COVAX arrangement could be problematic. Thailand decided to stay away from it because it “would risk the country paying more for the shots and facing uncertainty about delivery times.” Thailand’s pandemic mitigation no doubt fared so much better than the Philippines in terms of cases (as of Feb. 16: 24,786 versus 552,246) and deaths (82 versus 11,524). Its health authorities would not risk the Thai public’s health by depending on donations and bulk purchases by other parties.

We are surprised therefore that Presidential Spokesperson Harry Roque had to announce “our government is prepared to start the vaccination drive on Feb. 15.” Like the first time, it was the delay in acting on the confidential disclosure agreement (CDA) that cost us the Pfizer vaccine.

Now, we are scrambling for whatever vaccines are available.

The Office of the President, the health department and the task force could have done the nation a great service if they had spent more time in securing the agreements than in issuing press statements. It’s correct to convince people to get the jabs but it is more correct to ensure they are available, effective and safe.

In fact, Secretary Galvez, as early as last week, had already hedged on the date of the rollout of the vaccines to the middle of next year should a supply shortage occur. The schedule looks disturbing when only 70 million out of 108 million population need to be vaccinated to achieve herd immunity.

The senators therefore have all the reasons to be impatient with the way things are moving. We see mixed signals and conflicting announcements from the authorities when they need to row in one direction. What we dread is when the general public’s distrust of and eroded confidence in public policy continues to spill over to the real economy and entrenches limited mobility and weak business activities. Our column last week on stagflation might come to pass because we abetted it with open arms and closed eyes.

But prompt sourcing of the vaccine is just one source of uncertainty. The other source is the UK, South African, and Brazilian strains that seem to have started engulfing territories around the world, putting into question the efficacy of current versions of the vaccines. In particular, the UK strain was detected in the National Capital Region through genome sequencing done by the Philippine Genome Center. Some 44 cases have been reported so far.

This easily-transmissible mutant should convince the Palace to issue an executive order, or Congress to amend the Procurement Law, to allow local government units (LGUs) to directly procure vaccines from the drug companies. Tripartite agreements are just bureaucratic and circuitous. The congressional initiative to grant tax relief to direct purchases by LGUs should be passed immediately. The only hurdle is to ensure that the requisition “shall only be used for their residents and constituents and not for commercial distribution.”

Still another source of uncertainty is what Philippine Star columnist Boo Chanco wrote this week about the next epidemic. Recognizing the Philippines’ 79th ranking in COVID-19 response among 98 countries with a score of only 30.6% out of 100%, Boo cited a British Broadcasting Corporation (BBC) report on “three potentially lethal pandemics.” The next three big threats are the MERS (Middle East respiratory syndrome) in camels in Africa; the Nipah virus in bats in Asia; and a pig influenza pandemic.

What is scary is the possible cross infection between animals and humans. “The bad news is that influenza viruses can jump between species and mix and mingle with other influenza strands. It’s these new concoctions that scientists worry about: they have the ability to cause the significant health issues, death, and worldwide disruption that we’re seeing with COVID-19.”

While we struggle with vaccine logistics and anticipate future COVID-19 strains and a new epidemic, the National Economic and Development Authority (NEDA) is recommending the downgrading of general community quarantine (GCQ) to modified GCQ (MGCQ) to cover the entire Philippines. NEDA cited the need to address hunger and income losses due to the prolonged pandemic-induced lockdown. NEDA clarified that the economy could be reopened with due consideration of the COVID-19 reality. “We have to do both,” Acting Secretary Karl Chua explained.

We fully understand where Secretary Chua is coming from and we support his cause. He could have made a stronger case if the recommendation was made consistent with the established metrics on when we migrate from one quarantine to another. Doing both health mitigation and business reopening would be difficult given this confusing status of our vaccine procurement and the threat of new strains and new epidemics.

Very few would challenge this proposal without the pandemic scars. Lest it be forgotten, many business firms have closed down and many more are planning to follow because business is bad. Business is bad because people continue to be restricted from moving around due to the threat of getting the virus and contracting COVID-19. There are surveys to prove self-quarantine remains prevalent especially among the senior citizens who have the means to spend.

The key is for the entire Philippine Government to consult within itself before embarking on a specific strategy. Such a strategy should cover the usual health protocols, public communication, and roll out of the vaccines to increase the chance of beating the virus based on established guidelines. With good progress, we can have a more aggressive easing of health restrictions.

No wonder, UP’s Octa Research Group rejected NEDA’s proposal. Octa advised the government instead to check the reality on the ground and observe the guidelines instead of being driven by a deadline. Octa reminded the public that while the situation has become more manageable recently, “the country is not yet where we are supposed to be to move to MGCQ.” Nine cities in NCR (National Capital Region) experienced upticks in COVID cases while Cebu, Caraga and Kalinga also showed the same surge. More bio-surveillance is needed due to the threat of the UK variant to avoid arbitrary and premature reopening. That could only cause another outbreak. Some NCR mayors and the Philippine Pediatrics Society also opposed NEDA’s proposal.

This precaution is not without basis. In Indonesia, they have begun to implement what they called micro lockdown, very similar to what we have today, due to the viral upsurge. New Zealand’s biggest city, Auckland, also implemented a time-bound lockdown to force two million residents to stay at home and contain the highly contagious UK variant.

Are we seeing social loafing in the bureaucracy? It’s difficult to be categorical because the health pandemic is a health issue and we can count in our fingers who are accountable to any slippage and blunder. The issue is also economic and again, individual accountabilities are not hard to establish. But when there is diffusion of authority and wholesale exoneration of missteps proves easy to secure, public officials could still step back behind the appointing authority and loafing happens. When there is loafing in government, we don’t get good results because individual performances do not seem to be binding on their accountabilities.

 

Diwa C. Guinigundo is the former Deputy Governor for the Monetary and Economics Sector, the Bangko Sentral ng Pilipinas (BSP). He served the BSP for 41 years. In 2001–2003, he was Alternate Executive Director at the International Monetary Fund in Washington, DC. He is the senior pastor of the Fullness of Christ International Ministries in Mandaluyong.

Democracy in retreat

Democracy is either in retreat or has disappeared altogether in many parts of the world. The Feb. 1 military coup in Myanmar is only one of the many instances that validate that conclusion.

Only in very brief moments was democracy ever a reality in Russia, where opposition leaders are jailed, protests violently dispersed and participants arrested, and critical journalists murdered.

Even Maoist students and labor leaders have been imprisoned in China, where State media present only the government version of events, and amendments to the constitution have lifted limits to the term of office of its current president.

Supposedly “the world’s largest democracy,” India is now under the rule of a Hindu nationalist party that is restricting the Muslim minority’s rights.

In Latin America, Brazil has fallen into the rule of a tyranny that disdains free expression and freedom of assembly.

Much of democracy in Africa has similarly collapsed under the rule of warlords and the conflicts stoked by poverty and political instability.

In Asia, the Myanmar military deposed, arrested, and detained the leaders of the National League for Democracy after they had overwhelmingly retained control of the government in free elections.

Military rule in Thailand ended in 2019, but a return to it is still likely. Meanwhile, restrictions on free speech are still in force, particularly when it involves lèse-majesté (criticism of, or affronts to, members of the royal family).

Democracy is also under threat in the Philippines, the military-dominated government of which quite ironically declared its support for democracy in Myanmar while describing the Feb. 1 military coup there as “an internal matter.”

But it is not solely in East and Southeast Asia, or in the previously “emerging democracies” of Eastern Europe and the “less developed” countries where democracy has been significantly eroded. It has happened as well in such Western “bastions of democracy” as the United Kingdom and the United States.

Whether in Eastern Europe, in the West, in Latin America or in Asia, political scientists and historians have attributed the decline of democracy to “the lure of authoritarianism.” Like the Philippines’ Rodrigo Duterte, many of the tyrants in power today were elected in generally free elections; and even the military establishments of Thailand and Myanmar are represented in their respective parliaments.

But what most of all validates the view that authoritarianism has become seductive enough for it to be enshrined even through free elections is what happened and is still happening in the United States.

Donald Trump campaigned during the 2016 US presidential elections with an anti-Muslim, anti-immigrant, pro-white nationalist platform laced with anti-press freedom and anti-free expression rhetoric. His politics of hate and contempt for democratic principles and the US Constitution appealed to sectors of the electorate that were big enough to elect him to office. After four years during which he encouraged the use of violence against protesters, people of color and journalists, Trump won nearly enough votes in 2020 to win a second term.

His Feb. 13 acquittal in his second impeachment trial is based on his Senate allies’ fears that convicting him for inciting his followers’ Jan. 6 attack on the US Congress would cost them votes in the 2022 midterm elections. It is further proof of the populist power of authoritarianism.

The range of possible reasons behind the appeal of tyranny has included mass disappointment with what is thought to be democracy, and the mistaken assumption that dictatorships are more competent than democracies. But the failure of intellectuals, writers, and the media to educate the mass of the citizenry has also been blamed for it.

As part of the cultural system that shapes the political consciousness, attitudes and beliefs of a given population, the media are indeed crucial to the making of a people enlightened enough to understand the impact on their lives of the leaders they choose: their mandate is to provide the information entire populations need to make that choice.

Despots and tyrants often target the media for suppression, but the increasingly widespread preference for authoritarian rule over democracy is at least partly due to them. The newspapers, television, radio, and online news sites inundate the entire planet with trillions of bytes of information daily, but either they are not as influential as they are thought to be, or are not the vehicles of enlightenment so sorely needed in these times.

Issues of accessibility aside, one problem seems to be that with only a few exceptions, much of the reporting the world is getting is in the category of “descriptive journalism,” which in contrast to “interpretive journalism” is supposed to report “just the facts” without analysis and interpretation. In many instances, for example, journalists limit themselves to merely quoting and reporting — to “describing” — what this or that bureaucrat, business kingpin, or celebrity said without providing the media audience its meaning.

The news media audience wants and needs the facts — what happened to whom, when, where, why and how. But the facts alone are not enough guides to arriving at the truth and the knowledge men and women need to empower them into understanding, and if necessary, into changing, their social and natural environments.

To be of any value, the press must provide not “just the facts” but also their meaning, and the only way it can do that is to note that an event in the news is part of a longer chain of events — of a history — and to subject it to some analysis.

The burgeoning threat to democracy and the allure of the siren song of authoritarianism are demonstrating that “descriptive journalism” is incapable of explaining to the disinformed a world that is becoming more and more complex.

One need not go beyond the country’s borders for examples to validate the necessity for interpretation, analysis and explanation. Climate change is a threat against all of humanity, the impact of which is evident in the number of the increasingly violent typhoons that have smashed into the Philippines and the havoc they have caused. But that fact has not been adequately explained, analyzed, and given the context that could arm the citizenry with the knowledge that could lead it to demand a coherent State response to the national crisis driven by global warming. Instead the media limit themselves to reporting from where a typhoon is approaching, its expected landfall, the name it has been given, what is its strength, how fast it is moving, and, in the aftermath, how many were killed and injured and how much was the cost of the catastrophe to the country’s agricultural sector.

Equally critical to democratic choice is the need for the citizenry to gain some understanding not only of the typhoons, the earthquakes, the volcanic eruptions, the floods and the other disasters that regularly afflict this country, but also the government policies, the crime, the rampant corruption, and the thousand and one other issues and events whose complexity defies the understanding of millions. Filipinos need to understand why the so-called Anti-Terrorism Act is a threat to their freedoms; what government is doing to address the COVID-19 (coronavirus disease 2019) contagion; and why the economy is in recession, its impact on the citizenry, and what can be done about it.

That cannot happen unless those issues are reported, but beyond providing only the facts about them, also explained, analyzed and interpreted. Only then can the citizenry be sufficiently informed to choose democracy over despotism and tyranny — either through elections, or direct political action as Filipinos have twice succeeded in doing at EDSA.

 

Luis V. Teodoro is on Facebook and Twitter (@luisteodoro).

www.luisteodoro.com

Inner Spring

The Lenten season has begun. Ash Wednesday reminds us that we are mortal and we would all turn to dust.

It is time for introspection, reflection, to practice self-denial.

Pearl Buck once wrote, “Inside myself is a place where I can live all alone and that’s where I renew the spring that never dries up.”

Austerity, simplicity and self-sacrifice are good for the soul… and the body.

The loss of a loved one is always very personal and profound. No two individuals can ever feel the same. Grief is a mental, emotional, and physical pain that sears the soul. It lasts indefinitely. It waxes and wanes over the months and years. The indescribable period of catharsis, a purging that one can compare to a chunk of coal being polished under extreme heat and pressure. What emerges is a brilliant diamond.

Reclusion, retreat, and mourning, are chosen phases in one’s life during which one feels safe inside a chrysalis. It is a rough-hewn cocoon of darkness during the cold winter months. This period could last for a long time.

In the spring, after much effort and pain, the cracked cocoon releases the translucent, luminous butterfly. Free at last.

Many of us who have suffered a personal loss may feel the haze is oppressive. It is so heavy and dense that it may never lift. We all try to keep a stiff upper lip.

Despite all, there are more people out there who need immediate help. There are homeless kids who need basic food, clothing, education. There are foundations that specialize in caring and rehabilitating the abused young victim.

How to prioritize who needs help first? How to choose the organization that would help the needy? Random giving is not practical. Funds may float and fritter away.

The act of decision and the act of helping others goes beyond the self. The private pain will never go away but reaching out to help families focuses the mind and energy on others.

Storms create situations that trigger not only an upheaval but also a distillation process. They forcibly bring out junk on all levels. One has to eject baggage, imagined wrongs, repressed anger, unresolved conflicts, and pain — many of which are caused by schadenfreude.

One of the most precious things in life is the gift of friendship. Its essential elements are mutual loyalty, love, concern, understanding, humility, and sense of selflessness. A genuine friendship endures, strengthened by mutual experiences — the roller coaster twists and turns, ups and downs.

Childhood friends grow up to become close friends, godparents, work colleagues. Their friendship often survives the petty quarrels. Their friendship, sincere and innocent, may transcend many differences — in career choices, religious and political beliefs, and other issues. The bottom line is loyalty, the act of defending a friend and being close despite the odds. That type of relationship is so rare in these days of the health and economic crisis, social media and the big ego trip — narcissism.

One passes the important milestones, hurdles obstacles and survives the crises alone. But one is lucky to do so with a steadfast soul mate or companion.

Upon reaching the crossroads, a true friend is there to hold one’s hand, through thick and thin, feast and famine, in fair and foul weather.

Geographical distance and time may separate old friends but they suddenly appear, virtually or physically, when they sense an urgent need. They reach out across the oceans and decades to show spiritual and emotional support.

On another level there are natural cycles — the ebb and flow, the waxing and waning of a long-standing relationship.

A sudden rupture, personal or professional, may separate former confidantes and buddies. A minor spat can easily be patched up — like a tiny tear or scratch.

However, there could be a severe misunderstanding that becomes a deep, devastating wound. It is human nature. Nobody is perfect.

Communication ceases as defensive walls sprout like thorn thickets. Then there is toxic intrigue among envious onlookers. This triggers a surge of false pride — the inability to admit a mistake, to be contrite and to act with humility and sincerity.

In Greek classical drama, hubris is the “overweening pride that leads to disaster… the refusal to accept the authority of the gods.” This character flaw can drown the mighty invulnerable, invincible, individual in emotional quicksand.

To heal a wound completely, the protagonists (or former friends) should wish and seek forgiveness from each other.

The fissure of a ruptured relationship would be vulnerable to a light tremor, such a tinge of falsehood, insincerity. A mutual reaching out and openness of the heart are essential to restoration and reconciliation.

The old cracks and scars would not matter when a real friendship goes through and passes the test of fire. It will endure if and when they agree to save the friendship.

Pope Francis, in his blessing on Valentine’s day to the audience in Piazza San Pietro said, there are three key words to remember and apply: “Nearness. Compassion. Tenderness.”

 

Maria Victoria Rufino is an artist, writer and businesswoman. She is president and executive producer of Maverick Productions.

mavrufino@gmail.com

Law and Philippine territorial waters

In order for an entity to be considered a State it must have four components: people, territory, government, and the capacity to enter into relations with other States. That’s from the 1st article of the 1933 Montevideo Convention, considered embodying international law on the creation of States.

With regard to territory, it all begins with land. There cannot be a State located purely on water. For land to be acquired, international law determined the following to be the permitted modes of acquisition: occupation, prescription, conquest (nowadays that would mean as a result of armed conflict conducted in self-defense), cession, and accretion.

The moment ownership of land is settled, the fluvial and maritime, as well as aerial territories, naturally follow. For seas, the 1982 UN Convention on the Law of the Sea (UNCLOS) — of which the Philippines has been a party since May 8, 1984 — substantially embodies much of international law on the nature and composition of maritime domains.

First, the baselines: the low water mark on the beach following the curvature of the coast. From that “normal baseline” count 12 nautical miles. A nautical mile is equivalent to 1.852 kilometers or 1.1508 miles. Those 12 nautical miles constitute the country’s territorial sea. Anything within the 12 nautical mile area is Philippine territory, which means that anyone or anything within that zone is subject to Philippine laws. Philippine territory ends past the 12th nautical mile.

However, international law (particularly as provided for under the 1982 UNCLOS) provided certain recognitions to an archipelagic country like the Philippines. If the normal baseline method is solely used it will result in swathes of “open seas” between our islands. This could lead to breaches of security and other violations of Philippine rights. Hence, the archipelagic doctrine: make imaginary lines from the outermost tips of the islands, each line not exceeding 100 nautical miles (subject to certain exceptions).

Those imaginary lines now constitute the “straight baselines.” Effectively, the 7,641 islands form a single unit. The waters inward of the straight baseline, towards the direction of the islands, are called either “internal waters” or “archipelagic waters.” The waters outward from the straight baseline, to the extent of 12 nautical miles, form the territorial seas.

International law and the 1982 UNCLOS also provided additional maritime spaces, which States can exercise jurisdiction over for certain specific purposes. Twelve nautical miles from the edge of the territorial sea is the area known as the “contiguous zone.” Within it, Philippine laws are applied and enforced with regard to fiscal, immigration, sanitary, and customs matters.

Furthermore, within 200 nautical miles from the baseline is the “exclusive economic zone” or “patrimonial sea.” And then finally, within a maximum distance of 350 nautical miles from the baseline is an area that lies under the ocean, a drop-off point called the shelf break, which descends toward the deep ocean floor. That is the continental shelf. The Philippine Rise is an example. Any resource (mineral, oil, gas, plant, fisheries) found in those two areas belong exclusively to the Philippines.

Ownership or jurisdiction over the above-mentioned areas, with the concomitant rights, privileges, and power that the Philippines can exercise, all flow from the fact of legal ownership over our lands. Put another way: from the time the lands were effectively acquired pursuant to any of the aforesaid five modes, the sea areas described here automatically form part of the territory of the Philippines or over which the Philippines can exercise certain jurisdiction, generally without need of further action by the Philippines.

The Philippines, nevertheless, has taken extra steps to announce to the world what our territories are by declaring the same repeatedly and consistently through our constitutions, treaties (e.g., with Spain, the US, Great Britain, and others), laws (e.g., PD 1596, PD 1599 [claiming the EEZ], PD 370 [claiming the continental shelf], RA 9522 [previously RA 3046, as amended by RA 5446], AO 29/s.2012), notifications to relevant international organizations (e.g., the UN and the Commission on the Limits of the Continental Shelf), and finally by adhering to the international law doctrine of incorporation.

Maps delineating exact coordinates are not necessary. Admittedly, they can be employed for evidentiary purposes but, nevertheless, international jurisprudence has been quite wary of their actual value. Ultimately, territories are acquired by operation of international law. As the Deutsche Continental Gas-Gesellschaft vs. Polish State case points out: no statutory or exact delineation of the territory is needed and even if the territories claimed are disputed, so long as the territory has been claimed with sufficient consistency and acquired through the modes provided for under international law, then that is the State’s territory.

In fine, both in terms of domestic and international law, Philippine ownership or jurisdiction over the territories it possesses or claims are conclusive. And that goes definitely for the Kalayaan Islands and Bajo de Masinloc, the seas surrounding them, the Philippine Rise, and the rest of the West Philippine Sea.

 

Jemy Gatdula is a Senior Fellow of the Philippine Council for Foreign Relations and a Philippine Judicial Academy law lecturer for constitutional philosophy and jurisprudence.

https://www.facebook.com/jigatdula/

Twitter @jemygatdula

Brady beats Muchová to reach final

MELBOURNE, Feb. 18 (Reuters) — Jennifer Brady ensured there would be an American in the Australian Open final after Serena Williams’ exit by downing Karolína Muchová (6-4, 3-6, 6-4) in the semifinals on Thursday.

On a stifling afternoon at Rod Laver Arena, former college player Brady dug herself out of a mid-match hole to reach her first Grand Slam decider and a daunting title clash with former champion Naomi Osaka.

Ms. Brady saw four match points slip through her fingers as she served it out nervously, but finally celebrated the win when Muchová fired a forehand long. — Reuters

Hotshots still looking to strengthen frontcourt

By Michael Angelo S. Murillo, Senior Reporter

DESPITE their acquisition of All-Star forward Calvin Abueva in a surprise trade early this week, the Magnolia Hotshots Pambansang Manok are still out to strengthen their frontcourt further by way of the rookie draft.

Magnolia coach Chito Victolero said that while the arrival of Mr. Abueva from the Phoenix Super LPG Fuel Masters was a welcome development for them, they recognize that the upcoming draft presents an opportunity to still shore up its front line and they want to capitalize on it.

“We still need another big player and we’re looking at the draft,” the champion Magnolia coach was quoted as saying in Filipino by the league website.

Mr. Abueva was sent to the Hotshots on Wednesday from the Fuel Masters in exchange for guard Chris Banchero and Magnolia’s first (sixth overall) and second round (18th overall) picks in the PBA rookie draft this year.

Also part of the deal is the Hotshots getting Phoenix’s first-round pick (10th) in the March 14 draft.

The “Beast,” as Mr. Abueva is dubbed for his aggressive play on both ends of the court, joins the Magnolia frontcourt of Ian Sangalang, Jackson Corpuz, Rome Dela Rosa, Aris Dionisio, and Rafi Reavis.

Veteran Marc Pingris is still with the team, but his status remains uncertain as he is still recovering from calf and foot injuries and is reportedly weighing on retirement.

Mr. Abueva is coming off a solid outing in the PBA “bubble” tournament last year, where he averaged 15.4 points, 11.3 rebounds, 5.2 assists and 1.7 steals and was in the running for best player of the conference.

His stellar play helped Phoenix to come within a win away from barging into its first-ever Philippine Basketball Association (PBA) finals appearance.

Making his performance more impressive was that he was suspended by the league for 16 months for conduct unbecoming of a professional and actions detrimental to the league and yet in his return, he was still his all-around self.

“We all saw in the bubble how focused he (Abueva) was. He played well and carried himself better. And I admire him for that and my respect for him as player grew,” said Mr. Victolero.

“He did not play for a long time and yet his performance was like that. And the thing about him is that he brings so much to the game, not just the stats, but also the intangibles and hustle plays,” he added.

But the Magnolia coach said they feel they can still improve their frontcourt, which is why they are studying their options in the draft to put in good use the 10th pick they got from Phoenix in the Abueva trade.

“There are many bigs who have applied for the draft. We are looking at some of them and have invited them to our practices beginning next week to see them up close. Hopefully, they are still available when it is our time to pick,” Mr. Victolero said.

Among the aspirants, Magnolia is looking at Santi Santillan and James Laput from La Salle, Larry Muyang from Letran, and Ben Adamos from Perpetual Help.

Meanwhile, despite the departure of Mr. Banchero, the Hotshots’ guard rotation remains formidable with Paul Lee, Mark Barroca, Justin Melton, and Jio Jalalon still around.

Rolando Dy returns to Brave CF action next month in division title eliminator vs Kubanychbek

REIGNING Brave Combat Federation (CF) Fighter of the Year Rolando “Dy Incredible” Dy of the Philippines is set to return to action in March against Kyrgyzstan’s Abdisalam Kubanychbek in a lightweight title eliminator.

In an announcement late Wednesday, Bahrain-based Brave said the Dy-Kubanychbek fight will headline Brave CF 47 on March 11, which kicks off the promotion’s “Kombat Kingdom” offering.

A veteran MMA fighter, Mr. Dy, 29, seeks to build on his good showing last year and continue his push to the summit of the division and get a shot at the title currently held by Frenchman Amin Ayoub.

Mr. Dy, son of Filipino boxing legend Rolando Navarette, has thrust himself to the fore after a fruitful season in 2020 notwithstanding the limitations presented by the coronavirus pandemic.

He defeated Maciej Gierszewski and John Brewin within a two-month span and had Brave impressed to make him the top fighter for last year.

Mr. Kubanychbek, for his part, arrived at Brave in 2019 and has steadily become one of the most prominent lightweight fighters in the promotion.

He earned back-to-back knockouts, against João Paulo Rodrigues and Vagif Askerov, and recently, at Brave CF 46, last January, submitted Jahongir Saidjamolov in the second round.

The full slate of fights for Brave CF 47 will be announced in the days ahead.

Kombat Kingdom happens within a 21-day span and will feature a series of fight nights until Apr. 1, when Brave hosts its 50th event.

Brave was founded in 2016 and has staged events in different parts of the world, including the Philippines. — Michael Angelo S. Murillo

Obiena wins bronze to end 2021 indoor season campaign

FILIPINO pole-vaulter and Tokyo Olympics-bound EJ Obeina won a bronze medal in the 2021 Copernicus Cup in Torun, Poland, on Thursday (Manila time) to end his indoor season campaign.

Mr. Obiena had it rough early in the competition, needing three tries to clear 5.40 meters but eventually picked things.

He got to clear 5.60 and 5.72 meters after then tied Sam Kendricks of the United States and hometown bet Piotr Lisek for clearing 5.80 meters.

Mr. Kendricks, however, emerged as the winner as he cleared the height in only one try, while Messrs. Lisek and Obiena needed three attempts.

All three tried to clear 5.87 meters, but they could not succeed on it.

Mr. Obiena dropped to third behind Mr. Lisek as the former needed two attempts to clear the 5.72m jump, while the Polish athlete only did one.

The bronze in the Copernicus Cup was the fourth podium finish in this year’s indoor tour for Mr. Obiena after winning gold medals in the ISTAF Berlin Indoor Meet and PSD Indoor Meeting in Germany and a silver in the Orlen Cup in Poland.

On a Facebook post, Mr. Obiena, who is training in Europe with his coach and Olympic gold medalist Vitaly Petrov in preparation for his Olympic quest, said he was satisfied with his showing in the World Indoor Tour and thanked his supporters for rallying behind him.

“Last leg of the World Indoor Tour has come to an end with the conclusion of @copernicuscup_pl here in Torun. Going “home” with a [bronze medal] and lots and lots of learning plus some bruises,” Mr. Obiena wrote.

“Thank you coach #vitalypetrov for traveling and going thru all the covid test, travel, stress, pole transport, and most importantly the patience you have given me through and through. Hope to somehow someday to make it all worthwhile,” he added.

He also thanked the Philippine Sports Commission and his home federation the Philippine Athletics Track and Field Association for continuing to look after him despite his training abroad.

“To everyone who have made this season possible. From @phil.sportscommission to #patafa and to my sponsors and friends and family and everyone who supported me and maybe doubted me as well. Thank you very much! It’s been a blast and definitely wouldn’t be possible without y’all. #muchlove Ciao 2021 Indoor Season,” Mr. Obiena further wrote.

Apart from Mr. Obiena, others who have qualified for the rescheduled Olympic Games this year to date are gymnast Caloy Yulo and boxers Eumir Felix Marcial and Irish Magno. — Michael Angelo S. Murillo

Utah Jazz cruise past LA Clippers, run win streak to nine

DONOVAN Mitchell had 24 points, seven rebounds, seven assists and four steals, and the Utah Jazz captured their ninth consecutive victory, a 114-96 decision over the host Los Angeles (LA) Clippers on Wednesday.

Rudy Gobert contributed 23 points on 8-of-12 shooting and grabbed 20 rebounds for the Jazz, who have won 20 of their past 21 games. Utah’s lone setback during that stretch came on Jan. 31 at Denver.

Jordan Clarkson came off the Utah bench to score 18 points, while Joe Ingles chipped in 14 points and five assists. Royce O’Neale had 12 points and eight boards.

The Clippers again played without Kawhi Leonard (leg), Paul George (toe) and Nicolas Batum (concussion). Although the Clippers were able to earn a surprising win over the Miami Heat on Monday without the three and Patrick Beverley (rest), they had no such luck against the Western Conference-leading Jazz.

Lou Williams had 16 points, six rebounds and six assists and Reggie Jackson added 15 points for the Clippers, who had their four-game winning streak snapped. Amir Coffey added 13 points, while Serge Ibaka scored 10.

Neither team led by more than six points through the first three quarters. However, the Jazz seized control in the fourth, using a 19-7 surge for a 100-82 lead after Clarkson’s 3-pointer with 6:53 remaining. Los Angeles never recovered.

Utah took an 81-75 lead into the fourth.

The Clippers wiped out an early deficit with an 11-2 run for a 38-34 edge after a foul shot by Williams midway through the second quarter. A bucket by Utah’s Derrick Favors knotted the score at 40, but the Clippers regained the lead and grabbed a 51-46 advantage at the break.

Williams led all scorers with 14 first-half points. Mitchell topped Utah with 12 points before intermission. — Reuters

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