Vietnam Sovereignty: Danger Signals

Original Vietnamese version by Tran Binh Nam;
English version by Le Khac Ly

On November 20, 2007, the government of China endorsed a resolution to establish an administrative city at county level named “Tam Sa”, which consists of three archipelagoes of Hoang Sa, Trung Sa (Macclesfield Bank, a submerged reefs of 6,250 square kilometers located on the east and about 250 km from the center of Hoang Sa), and Truong Sa, directly dependent on the province of Hai Nam. This province was established in 1988 after it was separated from the province of Quang Dong. Due to the sensibility of the subject, the resolution has not been publicly released.

Hoang Sa (Paracels) and Truong Sa (Spratleys) are located offshore of Vietnam. The archipelagoes of Hoang Sa are situated between latitudes 16 and 17 north, directly administered by the city of Da Nang and the center of the archipelagoes is 350 kilometers away from Da Nang. The archipelagoes of Truong Sa are much bigger, spread from latitudes 7 to 11 north, directly dependent on the province of Khanh Hoa, and if observed from the city of Nha Trang facing South East, its center is 600 kilometers away from the Vietnamese shore.

During French domination (from the mid 19th century to 1945), then successively during the administration of the Tran Trong Kim cabinet, the government of the Democratic Republic of Vietnam, the government designated by Chief of State Bao Dai, these two archipelagoes were under the jurisdiction of the governments of Vietnam and were undivided parts of Vietnam.

During their domination, the French set a meteorological station on the biggest island of the archipelagoes of Hoang Sa. After the Geneva Accords in 1954 to divide the country into two parts, the two archipelagoes of Hoang Sa and Truong Sa, which are located below latitude 17; therefore belonged to the Republic of (South) Vietnam. Warships of this government frequently went to carry out re-supply missions to a military garrison unit at Hoang Sa, and always conducted patrols to keep an eye on the cluster of islands around Truong Sa.

Back in history, from the17th century, every year, the Nguyen Lords always sent ships to Hoang Sa and Truong Sa, and created a naval unit called North Sea Naval Unit whose mission was to protect those islands. A chronicle by the Chinese Buddhist Monk Thich Dai San written in 1696 confirms those facts. In his historical document written in 1776, the Vietnamese scholar Le Quy Don described in details the archipelagoes of Hoang Sa.

The sovereignty of Vietnam over Hoang Sa and Truong Sa has been mentioned in all historical documents written after the unification of the country by The Emperor of Gia Long (1802) such as Du Dia Chi, Dai Nam Thuc Luc, Dai Nam Nhat Thong Chi. .

There were no western documents depicting Chinese sovereignty over Hoang Sa and Truong Sa. Even in Chinese documents, written before 1909, none of them mentioned that the two archipelagoes Hoang Sa and Truong Sa belong to China.

In 1958, the Chinese began a plan to invade Vietnamese land after Mao had solidly established a communist regime in his century-long-intimidated- by-western-influences country. On September 4, 1958, China published a declaration saying that its territorial sea now is 12 nautical miles from shore to ocean instead of 3 miles as previously established, with a map attached, intentionally showing a boundary of its sea territory embracing Hoang Sa and Truong Sa as they belong to China.

Ten days later, on September 14, 1958, the Prime Minister of the government of North Vietnam, Pham Van Dong, signed a diplomatic note recognizing the Chinese declaration of its new territorial sea changing from 3 to 12 nautical miles, tacitly accepting that Hoang Sa and Truong Sa belong to China. Thanks to this diplomatic negligence (or intentionally, this still is a subject to be debated), China has developed plans to encroach little by little on Vietnamese land and sea territories.During this period of time, China could not yet do anything with the two archipelagoes Hoang Sa and Truong Sa since they were belonged to South Vietnam according to the Geneva Accords of 1954, and South Vietnam was an ally of the United States. It is noteworthy that at the time, the US Seventh Fleet was a dominant power in the Pacific.

The great opportunity arrived in the 1970s when the Vietnam War moved to the ending phase. Hanoi was about to take over South Vietnam through the Paris Agreements, which meant the Hanoi regime would eventually control Hoang Sa and Truong Sa. The United States did not want the Soviet Union, through the Hanoi government, to use Hoang Sa and Truong Sa as observation stations watching all activities in South Pacific, which could cause trouble for the waterway from Indian Ocean crossing through the Malacca straits, up to the North-West Pacific, a vital route for the US fleets. It is also an oil supply route from the Middle-East to Japan, Taiwan, and South Korea, the U.S. allies. The US had settled it, through a meeting in Beijing between Henry Kissinger, the US Secretary of State and Chu An Lai, the Chinese Prime Minister, by agreeing to let China occupy the archipelagoes of Hoang Sa, blocking the path toward South Pacific of the USSR fleets. At this moment, the relationship between Hanoi and Moscow was smooth, while its relationship with China was at the low ebb. Meanwhile, the US had just established diplomatic relations with Beijing and both saw the USSR as a threat to the region. (See document “Bien Dong Day Song [East Sea Blazes Up] no.118, http://webmail.central.cox.net/do/redirect?url=http%253A%252F%252Fwww.tranbinhnam.com%252F, Commentary pages).

In the end of January 1974, as a result of that unwritten mutual agreement, the Chinese Navy took over Hoang Sa, after a fierce naval battle with the South Vietnam Navy. The US Seventh Fleet had been asked for help but neither intervened nor rescued Vietnamese sailors drifting at sea. [The US government made a good gesture by soliciting the Chinese to release the prisoners captured at Hoang Sa within a month. Mr. Gerald Kosh, an American working for DAO (Defense Attaché Office) at the US Embassy in Saigon – also captured at Hoang Sa - was released with five wounded Vietnamese sailors earlier on Jan. 31, 1974. Other 43 sailors and soldiers were released on February 15, 1974.]

For its part, Hanoi never raised its voice to protest China’s invasion. Hanoi would believe that it was better to let Hoang Sa to fall into the hands of a communist country than leaving it in the hands of South Vietnam.

After the collapse of Soviet bloc in 1991, the reconciliation between Hanoi and China had given the latter the momentum to begin gnawing land in the northern border of Vietnam, and sea territory in the gulf of Tonkin, and particularly little by little to swallow the archipelagoes of Truong Sa. In addition to its strategic location in the region, archipelagoes of Truong Sa today also are a shelf of ocean bed promisingly rich in oil and gas.

Hanoi has shown its feeble spirit when facing the obvious invasion of China. The unique weapon that Hanoi is using up to this day is some perfunctory words of protest from its Department of Foreign Affairs.

This time, facing the resolution of the China government to officially integrate Vietnamese territory into theirs, Hanoi again protests weakly. During a press conference on December 5, 2007, Mr. Le Dung, the spokesman of the Department of Foreign Affairs, said: “Vietnam has obtained complete historical evidence and legal basis to affirm the sovereignty of Vietnam towards the two archipelagoes of Hoang Sa and Truong Sa. This act has violated the territorial sovereignty of Vietnam, not agreeable with general perception of the leaders of two countries, not beneficial for the process of negotiation to seek for a fundamental and lasting measure for the sea problems of two parties”.

To the act of China appropriating Vietnamese territory brazenly and officially on papers, the Vietnamese at home and abroad are extremely angry. They are waiting for Hanoi government to take strong action to protect the national frontier, like the invasion-fighting tradition of our ancestors.

It is regrettable that until today, the Hanoi government has not do anything except utter few words to confirm the sovereignty of Vietnam over the archipelagoes of Hoang Sa and Truong Sa. When students of the Technology College which is part of National University System of Hanoi prepared a demonstration in front of the Chinese Embassy, university officials obeying (communist) party authority issued a circular requesting students and cadres of the school to be calm and not demonstrate, because that would “not be beneficial for the process of negotiation to find fundamental and long-lasting measure for sea problems of two parties.”

Hanoi government, however, could not prevent students from taking to the streets on December 9, 2007 in both cities of Hanoi and Saigon to protest the Chinese invasion. But, in order to avoid offending China, when asked about the demonstrations, Le Dung said: “This is a spontaneous act of the people, not authorized by the authorities. When it occurred, the police were timely present to explain and to request fellow citizens to stop doing that”. Le Dung continued to explain Vietnam’s point of view which is “to have all conflicts solved peacefully through negotiations on legal base and international reality.” Hanoi obviously did not do what needed to be done to protect the country.

If the balance of naval forces between China and Vietnam does not allow Vietnam to send warships to hoist national flags on the archipelagoes of Truong Sa to confirm its sovereignty, at least as a minimum, Hanoi should convene the Chinese ambassador to the Department of Foreign Affairs to receive a protesting diplomatic note. Hanoi may convene the people Congress to pass a resolution confirming the sovereign rights of Vietnam over Hoang Sa and Truong Sa.

Next, Hanoi should take the issue to the UN Security Council with a dossier of complete historical documents to prove the sovereignty of Vietnam over the two disputed archipelagoes, then prepare a strong resolution to accuse Chinese invasion for the Security Council to debate.

In reality, the veto power of China will prevent the passage of the resolution, but Vietnam may get 9 of 15 votes of the Security Council reflecting the international opinion in favor of Vietnam. Those documents and the resolution submitted by Vietnam to the UN Security Council will be used as a foundation for present government to mobilize people power to protect Truong Sa, and for next generations to conduct the fight to reclaim the archipelagoes of Truong Sa, and to nullify the Chinese integration of Truong Sa. In addition, Hanoi should file a case to the international court suing China for the invasion and nullify the resolution of the Chinese National Affairs Institution.

The above are what a country with sovereignty should do in the defense of the motherland. What makes the leaders in Hanoi stuck, and cannot do what they should do? The only reason that may explain Hanoi behavior is that the Vietnamese communist party who is presently in power in Vietnam is controlled by the Chinese government by a fifth column in the highest leadership.If that is true, Vietnam is facing the greatest danger in its four thousand years history.

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