Youth members of INCGiving Project in last year's Grandparents Day with Mrs Holborow

NSW Grandparents Day first ambassador and former NSW children’s magistrate Barbara Holborow, 81, passed away yesterday.

She will leave a memory to a group of youth who felt her genuine concern and grandmotherly care during last year’s inaugural celebration of Grandparents Day in Croydon Park, Mrs Holborow’s home suburb.

The youth are members of the INCGiving Project who participated in the program which Mrs Holborow organised for grandparents and their families in Croydon Park and surrounding suburbs.

Known as “the kids’ champion”, Mrs Holborow served with the NSW Children’s Court for 12 years. She gave up her career on the Bench to devote her life to helping children and assisting those who care for them.

She had written three best-selling books: Those Tracks on My Face, Kids – Loving for Life, and The Good, the Bad and the Inevitable. She had also appeared on many television and radio shows, and had counselled and helped many thousands of people.

Mrs Holborow is a recipient of a Medal of the Order of Australia for service to the community. She is also the NSW Senior Australian of the Year 2012.

At Sydney's CeBIT... earning dollars for the Philippines

At least six Philippine companies are represented in the 3-day Australasia’s largest business technology event, CeBIT, which opened Tuesday May 22.

BPO (business process outsourcing) is again the Philippine contingent’s main offering, but this time with strong support from technologies companies.

The Philippines is currently the recognised world’s number one in voice BPO services, dislodging India last September 2011 by 50,000 BPO agents and consultants.

Philippine IT Services business seminar

As of last report, the Philippine BPO sector was employing 630,000 people. Analysts expect BPO-related employment to reach as high as 1 million by 2014. Last year, the Philippine BPO sector was reported to have contributed US$11 billion in revenues, making it the country’s second biggest dollar earner, next to remittances from migrant Filipinos.

“Staying on top is not easy,” said Pointwest Technologies Executive Director Renato Quizon ~also here in Sydney in last year’s CeBIT ~ adding that “we need to have more high value non-voice contracts to remain number one”.

These high value services include many back-office functions such as accounting tasks and the management of human resource systems.

On CeBIT’s day 2, the Philippine team presented a business seminar on “Philippine IT Services”, one of CeBIT’s listed events.

Compared with other trade exhibitors who are country-sponsored like China or India which is this year’s CeBIT country partner, the Philippine CeBIT participation is a private sector undertaking. These companies include Business Processing Association Philippines, Computer Professionals, Pointwest Technologies, PCCW Teleservices, Pacific Hub, and Tsukiden.

BEI officer inserts compact flash card to PCOS machine - May 10, 2010 elections. // TFA Photo

The Tan Dem court submission seeks to nullify the procurement and prohibit the Philippine government electoral body from purchasing listed hardware including the controversial Precinct Count Optical Scan (PCOS) machines and software licenses from Smartmatic-TIM.

Tanggulang Demokrasya is an international civil society coalition of advocacy groups.

The Tan Dem’s court submissions reiterated the coalition’s arguments lodged with the Philippine high court last month, said Global Filipino Nation convenor Victor Barrios.

Global Filipino Nation, a member organisation of Tanggulang Demokrasya, issued in June 2010 a highly critical election observers report on the results of the May 2010 elections.

“The Deed of Sale dated 30 March 2012 for the purchase of listed goods is illegal and therefore null and void. It was executed pursuant to an expired and thus non-existent option to purchase, disregarding the mandatory requirement of public bidding for government procurement contracts,” Mr Barrios said.

“The PCOS based automated electoral system of Smartmatic-TIM has admittedly failed the requisite minimum accuracy rate of 99.995% by registering an average of only 99.6% during the May 2010 elections.

“The PCOS based automated electoral system of Smartmatic-TIM operated without the functional digital signatures required by law during the May 2010 elections.

“The PCOS based automated electoral system of Smartmatic-TIM has been recorded to be vulnerable to hacking as documented in the province of Biliran during the May 2010 elections,” Mr Barrios added.

Comelec’s purchase of AES from Smartmatic-TIM is in preparation for next year’s midterm elections.

Last month, Tan Dem filed a case petitioning the Supreme Court to stop the Comelec purchase of the controversial Smartmatic-TIM’s Precinct Count Optical Scan (PCOS) machines and associated software.

The Smartmatic-TIM’s PCOS machines and software were the centre of controversy in the May 2010 elections.

PCC-NSW Pres. Sayas

After 20 years, the Philippine Communities Council of New South Wales (PCC-NSW) can now claim that it has a permanent office.

The office is located at Building T2A Nirimba Business Centre, Quakers Hill.

“It is a milestone for PCC that we are able to have a permanent office,” said Mr Sayas in an interview with The Filipino Australian adding that the office is one of the goals he set when he was elected PCC president last February.

The office will be inaugurated on Friday, June 1 in a simple ceremony to be officiated by Consul General Anne Jalando-on Louis, Mr Sayas added.

The Nirimba Business Centre office is equipped with meeting and training rooms, communication systems, and other office facilities for the use of affiliates.

During the last 20 years, meetings and functions of the association had been held in different venues.

“The office will suit board meetings, annual general meetings, and even the Ugnayan Forum,” Mr Sayas said.

PCC office to be housed in Building T2A... //Photo: Google Map

“In the end China will win”… my father once said.

The 70’s western China watchers have had nothing but dire predictions for the ability of the sleeping dragon to wake up from the stupor caused by a burgeoning and hungry population, unabated natural calamities, substandard manufacturing, backward technology, pollution issues, Mao’s cultural revolution prior to the Deng Xiao Ping leadership and the curtailment of basic human rights and freedoms.

To the chagrin of these critics China has emerged victorious. Chinese domination in all significant fronts has been awesome; from economy to sports, from technology to the arts, they have demonstrated enviable prowess. To be expected is the effect it had on nationalism of the citizens; the same euphoria which the Americans experienced in the 19th century is now in the consciousness and awareness of the Chinese.

With it is the jingoism that accompanies the feeling of superiority of their citizens against all others. It makes them believe that anything they do is tolerable if it is for the good of the nation. It probably goes further than that in the way it fosters arrogance utterly disregarding universal precepts of morality and fair play.

This groundswell of support will keep China’s resolve to maintain its super power status. As with the Americans of more than a century ago, the same kind of power status and approbation of its people gave rise to the notion of Manifest Destiny…to China it is their birthright minus the blessing and the comfort provided by a divine sanction which probably the Chinese have no need for. From early Chinese civilization they have always felt the confidence of being superior in culture and civilization and that their ultimate destiny will be one of universal ascendancy.

Perhaps this is what would be worrisome. China is a godless nation and therefore would not share some of the precepts of morality that emanates from the recognition of an Almighty. Some of the local reactions on the bullying of China at the Scarborough Shoals had some tinges of resignation and of leaving it to the divine for a comeuppance on the offending bully.

China will probably be more successful than the US in handling their dominant position in world politics. Despite their huge population they are able to hold in check the resistance to their stringent ways of governing by applying harsh penalties for subversion and the limiting of basic freedoms; human rights and press freedom.

The democratic principles adhered to by the Americans are the source of their dynamism which propelled them to their greatest heights, but these are the same principles that helped undermine their success as it allowed much protest, protest actions, for perceived abuses of government and the mighty institutions that are allied to government.

American commitment to basic freedoms within their country is laudable but in many instances has been a source of critical observations and pressures to government as they tended to give much freedom to those who tend to abuse them and those organizations who champion anti establishment advocacies. A leading democratic nation, the US is sensitive to the opinions of their publics, much more correctly, to politics which at times bend honest intentions to accommodate what is politically expedient.

As in other democratic countries the US is not exempt from the abuses the establishment has in curtailing freedoms through machinations, manipulations and conspiracy among the institutions that represent the structures that make up their society. The government, the financial bloc, the political groups, the military and civic organizations who champion the rights of civil society find themselves in collusion with each other, in several instances contrary to the individual citizens’ interests and well being.

Their role in the international sphere started from their imperialistic dreams as seen in their doctrine of Manifest Destiny. At its start Manifest Destiny was just a way of justifying and idealizing their desire to spread American influence to the whole world. At its basest it represented the penchant of dominant countries to exercise power over puny countries using “shamful” altruism as motive. Real intentions have been subsumed in the messages their media and mercenary chroniclers have depicted in their propaganda not only addressing their countrymen but the world at large.

The Americans are masters of this artful deception. The guys who brought you Balangiga Massacre, the carnage in San Juan bridge, the My Lai village obliteration are the same guys who brought into our culture Coca Cola, Levi’s, Ford, the Marcos regime, political corruption, a rambunctious and irresponsible media. Through their crafty use of media to massage our minds we have become reasonable facsimiles of the white man minus the wealth.

These have all being ushered in by Admiral Dewey in the spirit of Manifest Destiny in that infamous afternoon when the hapless Montojo saw his fleet sunk against a glorious Manila Bay sunset. This American naval victory heralded the brutal and harsh colonization of a far eastern country. Our former colonizer, Spain just looked on helplessly as a former ward nation underwent a harsh change of masters. Not any of the western master nations could lift a finger in succour of vanquished wimp nations.
Manifest Destiny is not arguable and so is might is right, an unfortunate but factual notion.

However, it provides the other powerful nations like the US, UK and France the reason to just stay away from the scene and let the travesty happen. At the end of the day, nations instinctively avoid order threatening situations and other issues which may be more inimical than beneficial for their state. They once had their fling with Manifest Destiny in one form or another, so, even without condoning China’s imperialist thrusts, they understand and may cast a blind eye.

Only the noisome terns and frantic baby terrapins would be witness to the abuse committed on distant shoals. The bullied is alone.

Woe to the Philippines and the other countries that would be swept away by the Yellow tide, the ever extending boundaries of Chinese sovereignty.

The Philippines should have a measured response with whatever we have got in terms of representation and the rallying of other geographically threatened nations. It should merit the attention of international organizations and have their opinions compel the Chinese to desist from continuing their bully tactics or even just lessen the sabre rattling.

“Our position is we do not recognize China’s fishing ban in as much as portions of the ban encompass our Exclusive Economic Zone (EEZ),” the Philippine Department of Foreign Affairs (DFA) posted in its web portal.

The DFA added that President Aquino has decided that “it would be advisable for us to issue our own fishing ban for a period of time to replenish our fish stock.”

Prior to the webportal posting date, the Philippine Consulate in Sydney circulated a DFA resource material detailing the position of the Philippine government over the Scarborough Shoal, also known as Panatag Shoal, Bajo de Masinloc (from the Philippine side) and Huangyan Island (from the China side).

The DFA material – issued a few days after the start last April of the Philippines-China stand off – maintains the Philippine position that the Scarborough Shoal is Philippine territory and “the Philippine Coast Guard is present in the area … to enforce relevant Philippine laws.”

The shoal is located 124 nautical miles (NM) west of Zambales which is well within the 200 NM Exclusive Economic Zone (EEZ) and 200 NM Continental Shelf of the Philippines, the DFA document stated.

In relation to China, the shoal is located 472 NM off China’s nearest Hainan province.

Scarborough Shoal is a very rich fishing ground.

The DFA document contains Question-and-Answer commentaries which outline the official position of the Philippine government.

Question: But what about the historical claim of China over Bajo de Masinloc (Scarborough Shoal)? Does China have a much superior right over Bajo de Masinloc (Scarborough Shoal) on the basis of its so-called historical claim? China is claiming Bajo de Masinloc (Scarborough Shoal) based on historical arguments, claiming it to have been discovered by the Yuan Dynasty? China is also claiming that Bajo de Masinloc (Scarborough Shoal) has been reflected on various official Chinese Maps and has been named by China in various official documents?

Answer: Chinese assertion based on historical claims must be substantiated by a clear historic title. It should be noted that under public international law, historical claims are not historical titles. A claim by itself, including historical claim, could not be a basis for acquiring a territory.

Under international law, the modes of acquiring a territory are: discovery, effective occupation, prescription, cession, and accretion. Also, under public international law, for a historical claim to mature into a historical title, a mere showing of long usage is not enough.

Other criteria have to be satisfied such as that the usage must be open, continuous, adverse or in the concept of an owner, peaceful and acquiesed by other states. Mere silence by other states to one’s claim is not acquiesecence under international law. Acquiescence must be affirmative such that other states recognize such claim as a right on the part of the claimant that other states ought to respect as a matter of duty. There is no indication that the international community have acquiesced to China’s so-called historical claim.

In relation to name giving and maps, name-giving (or names in general) and placing of land features on maps, these are also not bases in determining sovereignty. In international case law relating to questions of sovereignty and ownership of land features, names and maps are not significant factors in the determination of international tribunals’ determination of sovereignty.

Question: What about China claims that Bajo de Masinloc as traditional fishing waters of Chinese fishermen?

Answer: Under international law, fishing rights is not a mode of acquiring sovereignty (or even sovereign rights) over an area. Neither could it be construed that the act of fishing by Chinese fishermen is a sovereign act of a State nor can be considered as a display of State authority. Fishing is an economic activity done by private individuals. For occupation to be effective there has to be clear demonstration of the intention and will of a state to act as sovereign and there has to be peaceful and continuous display of state authority, which the Philippines has consistently demonstrated.

Besides when UNCLOS took effect, it has precisely appropriated under various maritime zones to coastal states, thus eliminating so-called historical waters and justly appropriating the resources of the seas to Coastal States to which said seas are appurtenant. “Traditional fishing rights” is in fact mentioned only in Article 51 of UNCLOS, which calls for archipelagic states to respect such rights, if such exist, in its archipelagic waters.

It should also be noted, that in this particular case, the activities of these so-called fishermen can be hardly described as fishing. The evidence culled by the Philippine Navy showed clearly that these are poaching activities involving the harvesting of endangered marine species which is illegal in the Philippines and illegal under international law, specifically the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES).

B. Waters Outside and Around Bajo de Masinloc: Basis of Philippine Sovereign Rights under UNCLOS

As earlier indicated, there is a distinction between the rock featues of Bajo de Masinloc and the waters within its vicinity. The question of who owns the rocks is a matter governed by the principles of public international law relating to modalities for acquiring territories. On the other hand, the extent of its adjacent waters is governed by UNCLOS. In like manner, the waters outside of the maritime area of Bajo de Masinloc are also governed by UNCLOS.

As noted, there are only about five rocks in Bajo de Masinloc tha tare above water during high tide. The rest are below water during high tide. Accordingly, these rocks have only 12 NM maximum territorial waters under Article 121 of UNCLOS. Since the Philippines has sovereignty over the rocks of Bajo de Masinloc, it follows that it has also sovereignty over their 12 NM Territorial Waters.

Question: But what about the waters outside of the 12 NM Territorial Waters of the rock features of Bajo de Masinloc, what is the nature of these waters including the continental shelves? Which State has sovereign rights over them?

Answer: As noted, Bajo de Masinloc is located approximately at latitude 15.08 degrees N and longitude 117.45 degrees E. It is approximately 124 NM off the nearest coast of the Philippine Province of Zambales. Clearly, the rock features of Bajo de Masinloc are within the 200 NM EEZ and CS of the Philippine archipelago.

Therefore, the waters and continental shelves outside of the 12 NM Territorial Waters of the rocks of Bajo de Masinloc appropriately belong to the 200 EEZ and CS of the Philippine archipelago. As such, the Philippines exercises exclusive sovereign rightsto explore and exploit the resources within the said areas to the exclusion of other countries under UNCLOS. Part V of UNCLOS, specifically provides that the Philippines exercises exclusive sovereign rights to explore, exploit, convserve, and manage resources whether living or non-living, in this area. Although other states have the right of freedom of navigation over the said areas, such rights could not be exercised to the detriment of the internationally recognized sovereign rights of the Philippines to explore and exploit the resources in its 200 NM EEZ and CS. To do otherwise would be in violation of international law specifically UNCLOS.

Therefore, the current action of the Chinese surveillance vessels in the said 200 NM EEZ of the Philippines that are law enforcement in nature is obviously inconsistent with its right of freedom of navigation and in violation of the sovereign rights of the Philippines under UNCLOS.

It must also be noted that the Chinese fishermen earlier apprehended by Philippine law enforcement agents may have poached not on Bajo de Masinloc per se, but likely on the EEZ of the Philippines. Therefore, these poachers have likewise violated the sovereign rights of the Philippines under UNCLOS.

The DFA document also stated that the Philippines is “committed to the process of consultations with China towards a peaceful and diplomatic solution to the situation”.

Handballer Bevan driving a goal past a taller player... Photo: Gerken / shz.de

Recently selected as Handball Ambassador by Prime Minister Julia Gillard, Filipino-Australian Bevan Calvert will join the Australian Handball Men’s Team to compete in the Oceania Region Handball World Championship Qualifyer, Handball Australia announced recently.

Calvert is Germany-based and will come home specifically to join the Australian team for the qualifyer.

The Qualifyer will be held for two days on June 22 and June 23. Filipinos in Metro Sydney will have the oppportunity to see their local hero in action as the games will be played at the Dural Sport and Leisure Centre.

The Handball Australia team members are Luka Krajnc (NSW, Left Wing), Mitch Hedges (NSW, Left Wing – Pivot), Ogi Matic (NSW, Left Back), Caleb Gahan (Qld, Left Back), Tommy Fletcher (Sweden/ACT, Pivot – Left Back), Callum Mouncey (ACT, Pivot), Steven Plummer (NSW, Pivot), Bojan Stojanovic (Qld, Centre Back), Bevan Calvert (Germany / NSW, Right Back), Tim Anderson (NSW, Right Back), Dan Kelly (Denmark/Qld, Right Wing), Michael Sullivan (NSW, Right Wing), Ogi Lationovic (Qld, Goalkeeper), and Pascal Winkler (NSW, Goalkeeper).

Handball Australia and Head Coach Taip Ramadani are optimistic that the team will be successful in this important competition as in the past years.

The winning team will represent the Oceania Region in the World Championship to be held in Spain in January 2013.

Calvert has been playing world handball championships for many years. His first participation was in 2005 when he was 18 years old. In his last outing, he scored six goals with the top scorer chalking 10 goals.

Aside from being Handball Ambassador, Calvert is also a recipient of Sports awards from the Global Filipinos Australia and Filipino Communities Council of Australia.

That was the costly lesson a passenger who arrived in Cairns had when he was found to be carrying food items in his luggages which he did not declare, according to a news release by the Dept of Agriculture, Fisheries and Forestry.

An x-ray imagery of the passenger’s bag was all it took to alarm Customs and Border Protection officers to search the passenger’s bags which yielded almost 6 kilograms of fruit and vegetables as well as over a kilogram of duck meat.

After pleading guilty to a false declaration of food items the passenger was convicted and fined $1,000 plust costs of $1,390.

DIAC’s service called Community Status Resolution Service (CSRS) provides information about appropriate immigration or departure options for people in Australia who have overstayed their visa or been granted a bridging visa E (BVE).

The DIAC’s CSRS unit has case officers who can grant a BVE while an immigration matter is resolved.

According to DIAC, BVEs are most commonly used where a visa application is being considered, a legal process is underway or a person is making plans to depart Australia.

For people whose visa has just expired, they should see a CSRS office to apply for a new visa.

The immigration department provides incentives for those approaching the CSRS within 28 days of a visa expiring.

The CSRS can be contacted at 1300 853 773 or at the CSRS website.

Jerson opted to join Team Delta and Yshrael joined Team Seal.

The talent show which premiered on the Nine Network last Sunday April 15 is hosted by international TV presenter Darren McMullen. Aside from Delta Goodrem and Seal, the two other judges are Joel Madden and country singer Keith Urban.

Jerson... with Team Delta

Jerson is a 39 year old crooner who has established his audience followers and friends from Melbourne to Sydney, with some of his friends in the Filipino Australian media circle.

He began his singing career in the Philippines when he was 13. His family migrated to Australia in 1990, initially settling in Wagga Wagga, then moved to Sydney, and then to Melbourne.

“When I first started singing way back in Manila, I just followed the trend towards Original Pilipino music (OPM) where Pinoy artists composed and created original Pilipino sounds and yet conforming with and not too far from the international feel of the all too familiar pop music,” Jerson said in an interview

Jerson was picked by popular singer-songwriter Delta Goodrem after his rendition of John Legend’s “Ordinary People”.

Yshrael... with Team Seal

Yshrael, on the other hand, was picked by another judge, Seal to be part of his team after his performance of “Miss You” by the Rolling Stones.

The 33-year-old Yshrael, who was born in Marikina Philippines, started singing when he was 19. He has been in a boy band and has worked with a soul musical producer in LA.

He won the 2004 Music OzAward and was offered a publishing deal with Mushroom Publishing.

On video, Yshrael said to Seal: “I picked you I suppose, but thank you for the great pitch!”

“Winner takes all…”

Together with Jerson in Team Delta are Rachael Leahcar (the blind 14 year old singer), Matt Hetherington, Peta Jeffress, Danni Da Ros (she’s the voice teacher of Marianne Cuasay, one of the artists of Charity CD One), Adam Hoek Ben Bennett, Sarah Lloyde, Glenn Cunningham, Viktoria Bolonina, Matty Chaps, Jesse and Ashleigh.

With Yshrael in Team Seal are Casey Withoos, Karise Eden, Chris Sebastian, Paula Parore, Michael Duchesne, Emma Louise Birdsall, Sam Ludeman, Mitchell Thompson, Kieran Fraser, Anthony Dellamarta, Fatai Veamatahau.

The Voice of Australia winner will be awarded a recording contract with Universal Music Australia plus $100,000 cash.

The series consists of three phases, namely, a blind audition, a battle phase, and live performance shows.

In the final phase, the remaining contestants compete against each other in live broadcasts. The television audience will help to decide who moves on.

When one team member remains for each coach, the contestants will compete against each other in the finale.