Thursday, 30 August 2012

Preservation of rights under French colonial rule.



In the second half of the 19th century, the Southern part of Vietnam, named Cochinchina, became a French possession (1867). This was followed by the establishment of a French protectorate over the remaining Vietnamese territory (1883). Therefore the French temporarily took over the responsibility to defend the territorial integrity of the "Annam Empire". On behalf of Vietnam, the French continued the normal exercise of sovereignty over the Hoang Sa Islands (Paracels). They did fulfil their responsibilities. Although kept busy by the task of strengthening their authority on the Indochina mainland, the French colonial government did not forget the far-off islands and took all the necessary measures to ensure an orderly administration, an adequate defense and a better knowledge of what a French author called in 1933 "the infinitely small Paracels of our colonial domain" (27). The Vietnamese title to sovereignty was not only preserved, it was reinforced. On the other hand, numerous scientific studies about the islands were produced which could only be conducted if the Paracels were firmly under French-Vietnamese control.
The international responsibility that the Nguyen emperors had already accepted in regard to navigation of foreign vessels was not neglected by the French, who completed in 1899 a feasibility study for the construction of a lighthouse on one of the Hoang Sa Islands. Unfortunately, this project, which was supported by Indochina Governor General Paul Doumer, could not be realized for lack of funds. However, French patrol vessels assured the security of sea traffic and conducted many rescue operations for wrecked foreign ships in the Paracel. Beginning in 1920, apparently worried by the suspect presence of various kinds of vessels in the Hoang Sa area, the Indochinese customs authorities started making regular inspections to the islands for the purpose of checking illegal traffic. As early as the end of World War I, the French control was so evident that Japanese nationals called on French Indochina's authorities for the exploitation of phosphate. This was the case of the Mitsui Bussan Kaisha Company, which extracted phosphates for many years from two islands, Ile Boisee (Phu Lam) and Ile Roberts (Cam Tuyen). The Japanese Government, on its part, implicitly recognized French jurisdiction in 1927. In a report to the Minister of Colonies in Paris dated March 20, 1930, the French Governor of Indochina wrote that in 1927, the Japanese consul in Hanoi, Mr. Kurosawa, was instructed by his government to inquire with the French authorities about the status of some groups of islands in the South China Sea. But the Consul declared that, according to instructions from the Japanese Government, the Paracels were expressly left outside of the discussions, the question of ownership of these islands not being a matter of dispute with France (Japan was then involved in controversies over the Truong Sa or Spratly Islands).
The French jurisdiction was sufficiently firm and peaceful to permit such actions as the conduct of scientific surveys on the islands. An impressive list of superior-level scientific studies in all- fields was made available by colonial institutions or private authors. Starting in 1925, with the first recorded scientific mission on the vessel De Lanessan by scientists from the famed Oceanographic Institute of Nha Trang, knowledge about this part of Vietnamese territory increased. The trip by the De Lanessan confirmed the existence of rich beds of phosphate, which became the object of many detailed studies. For example:
-  Maurice Clerget, Contribution a l'etude des iles Paracels; les phosphates.
Nhatrang, Vietnam 1932.
-  A. Lacroix, Les ressources minerales de la France d'Outre-Mer, tome IV (Paracels' phosphate: p. 165), Paris 1935.
-   United Nations, ECAFE, Phosphate Resources of Mekong Basin Countries; 4. Vietnam, (1) : Paracel Islands; Bangkok 1972.
The De Lanessan survey mission also proved the existence of a continental shelf which reaches out in platforms from the Vietnamese coast into the sea: the Paracels rest on one of these platforms, and thus are joined to the coast of Vietnam by a submarine plinth. In the following years, the names of many French ships have entered the history of both the Paracel and Spratly archipelagoes: the Alerte, Astrobale, Ingenieur-en-Chef Girod made other survey trips to the Hoang Sa Islands. The result was an increasing number of other scientific publications about these islands in all fields of human concern and activities. Some of these are:
A. Krempf, La forme des recifs coralliens et le regime des vents alternants, Saigon 1927.
J. Delacour and P. Jabouille, Oiseaux des iles Paracels, Nha-trang, 1928.
Numerous reports called Notes of the Oceanographic Institute of Indochina in Nhatrang containing valuable scientific data about the Paracels, for instance the "5th Note" (1925-26) and the "22nd Note" (1934).
French scientists continued to work for Vietnam-in its early years of independence and continued to contribute to our knowledge of these Vietnamese islands. Among them was Mr. E. Saurin, the author of numerous studies of great scientific value:
-  Notes sur les iles Paracels (Geologic archives of Vietnam No. 3), Saigon 1955.
-  A propos des galets exotiques des iles Paracels (Geologic archives of Vietnam No. 4), Saigon 1957.
-   Faune Malacologique terrestre des iles Paracels (Journal de Conchiliologie, Vol. XCVIII), Paris 1958.
-  Gasteropodes marins des iles Paracels, Faculty of Sciences, Saigon, Vol. I: 1960; Vol. II: 1961.
Another French scientist, H. Fontaine, produced, 'm cooperation with a Vietnamese colleague a remarkable study of the islands' flora called "Contribution de la connaissance de la flore des iles Paracels" (Faculty of Sciences, Saigon 1957). These scientific achievements, accomplished over a long period of time, could only have been achieved by a country exercising sovereignty over these islands to the fullest extent. As a matter of fact, Vietnam would not run any risk by challenging other countries having a pretense to sovereignty over the Hoang Sa Islands to show the list of scientific publications they had made available in the past.
In their acts mentioned above, the French, who merely took over rights and responsibilities temporarily transferred to them by the people under their "protection", simply assured a normal continuation of jurisdiction on behalf of the Vietnamese. However, in the face of unfounded Chinese claims over and illegal actions connected with, the Hoang Sa Islands in 1932, the French felt that it was necessary to take defensive measures. Since 1909, China has made sporadic claims over the islands. On one occasion during that year, the provincial authorities of Kuang Tung sent gun-boats to conduct a reconnaissance mission there. On March 20, 1921 the Governor of Kuang Tung, signed a peculiar decree annexing the Hoang Sa Islands to the Chinese Island of Hainan. However, his action went unnoticed because it is recorded only in the provincial records therefore, nobody could know about it in order to make comments or to protest. Although not followed by occupation of any sort, actions such as these were enough to cause some preemptive actions by the French. For instance. in 1930 crew-members of La Malicieuse landed on many of the Hoang Sa Islands to plant flags and set up "sovereignty columns ".
More serious was the Chinese intention to invite bids for the exploitation of the islands' phosphate. When the Chinese intent became known, the French Government protested to the Chinese Embassy in Paris by a note dated December 4, 1931. A few months later, when the Chinese effectively called for bids, the Paris Government renewed the protests by a Note dated April 24, 1932. This time the French strongly reaffirmed their rights with substantive supporting arguments, e.g. the former rights exercised by the emperors of Vietnam, the official taking of possession by Emperor Gia Long in 1816, and the sending of Indochinese troops to guard the islands, etc... On September 29, 1932, the Chinese Government rejected the French protest on the ground that at the time Gia Long took possession of the islands, Vietnam was a vassal state of China. It may be true that, as in other periods of its history, Vietnam was then a nominal vassal of China (although it was never quite clear when this situation started or ended),. but it is certain that by this reply China implicitly recognized that Vietnam had asserted its claim to the Hoang Sa Islands. The Chinese Government also appeared confused about the legal distinction between suzerainty and sovereignty : even if Vietnam was a vassal state of China in 1816, the formal relationship of suzerainty could not preclude such Vietnamese acts of sovereignty as the incorporation of new territories.
Convinced of her legitimate rights in the dispute, France by a diplomatic note to China dated February 28, 1937, proposed that a settlement of the conflicting claims be reached through international arbitration. But China knew the risks involved in such a challenge and declined the offer. Thus, the Chinese government simply responded by reaffirming its claim to the islands. That negative attitude caused the French to send military units, composed of Vietnamese soldiers and called Garde Indochinoise, to many of the Hoang Sa Islands (28). These units built many - sovereignty colums -, of which there exists photographic records. The column on Pattle Island contained the following inscription in French:
Republique Francaise
Empire d'Annam Archipel des Paracels 1816 - Ile de Pattle 1938
These dates marked the taking of possession -by Emperor Gia Long and the year the column was erected (29).
These troops, commanded by French officers, were to stay on the islands until 1956 with a brief interruption after 1941. Men the Japanese seized the Paracels (and the Spratlys) by force in -that year, France was the only power to officially protest against it. ' In 1946, shortly after their return to Indochina at the end of World War II, the French sent troops on. the vessel Savorgnan de Brazza to re-occupy the archipelago. However, events in the French-Vietminh war compelled these troops to withdraw from the Paracels in September, 1946. Informed that Chinese troops (who had supposedly arrived to disarm defeated Japanese troops pursuant to agreements between the Allied powers) continued to stay on the islands, the French issued a formal protest on January 13, 1947. Then they dispatched the warship Le Tonkinois to the area. Crewmembers found Boisee Island (Phu Lam) still occupied (January 17, 1947). The Chinese troops refused to leave and, being outnumbered, the French-Vietnamese soldiers left for Pattle Island where they established their headquarters. They also rebuilt the Weather Station which had operated for 6 years in the past, between 1938 and 1944. The new station became operative in late 1947 and, under international station code 48860, provided the world with meteorological data for 26 more years, until the day when Communist Chinese troops seized the Hoang Sa archipelago by force (January 20, 1974).
Beginning in the 1930's, these disputes, with China had already motivated the French authorities in Indochina to take stronger measures in administrative organization. By Decree No. 156-SC dated June 15, 1932 the Governor General of Indochina gave the Hoang Sa Islands the name of "Delegation des Paracels" - and the status of an administrative unit of Thua Thien Province. This decree was later confirmed by a Vietnamese imperial ordinance signed by Emperor Bao Dai on March 30, 1938 (the confirmation was necessary because, as the ordinance recalled, the Hoang Sa Islands had traditionally been part of Quang Nam and Quang Ngai provinces, from whence communications with the islands had originated). A subsequent Decree of May 5, 1939 by the French Governor General divided the archipelago into two Delegations: Crescent et Dependences, and Amphitrite et Dependences.
These administrative measures were adequately completed by the organization of services on the islands. For instance, health checks were regularly made on the workers, called coolies by the French, during their stay there. Consequently, civil service officers were appointed on a regular basis. These officers had to stay permanently on either Pattle Island (for the Crescent and Dependences Group) or Boisee Island (for the Amphitrite and Dependences Group). However, because of the islands' bad climate, they were allowed long vacations on the mainland and were relieved after short periods. One of these former civil servants is Mr. Mahamedbhay Mohsine. a French citizen of Indian origin who.. outraged by the Chinese invasion of 1974, has offered to testify anywhere on the legitimacy of Vietnamese rights. Between May 5, 1939 and March 13, 1942, Mr. Mohsine served as Administrative Officer or De1egue administratif for the Paracels. He was first posted on Pattle, then on July 16, 1941 was ordered to relieve a colleague, Deputy- Inspector Willaume, on Boisee. Later Mr. Mohsine was officially recommended for an award of distinction in consideration of his contribution to French colonial expansion in the remotest parts of Indochina (30).
Mr. Mahamedbhay was only one of the many civil servants and military personnel who, by serving the French colonial cause on the Hoang Sa Islands, directly contributed to the preservation of Vietnamese rights which had only temporarily been exercised by the French. At an early stage,, French action had been only intermittent - intermittence which is not at all incompatible with the maintenance of the rights but in the last 30 years of their presence, the French did fulfill all the obligations of a holder of title. Thus the French accomplished a valuable conservator act in the safeguarding of legitimacy for the Vietnamese sovereignty over the Hoang Sa Islands.

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