Thursday, 30 August 2012

Exercise of normal state authority.



The headquarters of a French administrative officer, who also commanded a guard detachment ' was located on Itu Aba Island. Because of the isolation and the hard living conditions on the island, only volunteers to the post were sent there. Sometimes, no government official would volunteer, so the Indochinese authorities had to recruit private citizens by means of contracts which lasted one year. These contracts contained generous allowances and other largesses in an attempt to retain volunteers on the island. One of the a "contract officials," was Mr. Burollaud who held out for 2 years (1938-1940). It was apparently difficult to find a successor for Mr. Burollaud, since the Governor General in Hanoi had to send a note dated August 22, 1940 throughout Indochina (and to the French possession of Kouang- Tcheou-Wan in ichina) to look for a volunteer - who must be a European. The official finally recruited turned-out to be most unlucky, since, according to an eyewitness named Tran Van Manh who was serving at that time with the Itu-Aba Meteorological Station, he was seized and tied to the flag pole by Japanese troops occupying the Spratlys in 1941 (43). Regarding administrative organization, 3 months after the official incorporation of the Spratlys, the Governor General of Indochina signed Decree No. 4762-CP dated December 21, 1933 making the archipelago a part of the Cochinchinese province of Ba-Ria. After Cochinchina was returned to Vietnam, this organization was confirmed in 1956 bv a Decree of the President of the Republic of Vietnam (44). Seventeen years later, the Spratlys were attached to a village of the same province (the name of which had in the meantime changed to Phuoc Tuy), the village of Phuoc Hai, Dat Do district (45). State activities on the Spratlys were necessarily restricted because the islands were uninhabited and situated too far away from the mainland. In 1938, the Indochina Meteorological Service set up a weather station on Itu-Aba, which was considered the best place in the South China Sea to provide meteorological data for neigbouring countries. The Station functioned in French hands for over 3 years after which it was reported to have continued operations under Japanese military occupation. Before the Japanese seizure, the Itu-Aba station was important enough to be given an international code number: 48919. Data provided by the Station were recorded all over the world qnd were listed under - French Indochina - Cochinchina,,. The French also continued scientific surveys of the Spratlys after 1933. For instance, a valuable geographic and aeologic study of the Spratlys was made available in the 22nd Report of the Oceanographic Institute of Indochina (46). Thus, on behalf of Vietnam, the French conducted various kinds of activities which substantiate the right to sovereignty over a territory. These also include diplomatic activities to ensure the protection of possession by the authority in control. France defended with success the Spratlys against Japanese aims. The Ministry of Foreign Affairs in Paris protested energetically on April 4, 1939 when Japan announced that she had "placed the islands under her jurisdiction". France remained active right until 1956, the year when all her troops finished their withdrawal from Indochina. ' As late as May 1956, after Mr. Tomas Cloma created his so-called "Freedomland", the French Charge d'Affaires in Manila was reported to have reminded the Philippine government of the French rights resulting from the 1933 occupation (47). At the same period, the French Navy vessel Dumont d'Urville made a visit to Itu-Aba in a demonstration of French - Vietnamese interest in the archipelago. The Republic of Vietnam's Ministry of Foreign Affairs, for its part, issued a statement on June 1, 1956 recalling the Vietnamese rights. Two weeks later, Foreign Minister Vu Van Mau of the Republic of Vietnam reaffirmed at length the rightful position of his country (48). He recalled, among other facts, that five years earlier the head of the Vietnamese Delegation at the San Francisco Peace Conference had solemnly reaffirmed Vietnamese sovereignty over the Truong Sa archipelago and that the statement was not challenged by any participating country, including China and the Philippines.
From 1956 on, in the face of Chinese and Philippine  groundless pretenses, the Republic of Vietnam's Navy began to launch various operations to reassert control over the Truong Sa Islands. Crewmembers erected sovereignty steles on almost all of them and built poles to hoist the Vietnamese flag. The cruiser Tuy Dong (HQ-04) was assigned these missions in August 1956. In 1961, the two cruisers Van Kiep and Van Don landed on the islands of Song Tu Tay (South-West Cay) Thi Tu, Loai Ta and An Bang. Two other islands, Truong Sa (Spratly proper) and Nam Ai (Nam Yit) were visited the following year by the cruisers Tuy Dong and Tay Ket. Finally, in 1963, all of the sovereignty steles on the main islands were systematically rebuilt by crew members of the three vessels Huong Giang, Chi Lang and Ky Hoa: May 19, 1963 steles on Truong Sa Island (Spratly proper) May 20, 1963 steles on An Bang Island May 22, 1963 steles on Thi Tu and Loai Ta Islands  May 24, 1963 steles on Song Tu Dong (North East Cay) and Song Tu Tay (South West Cay).
The pace of these patrol and control operations were reduced after 1963 due to the war situation in the Republic of Vietnam. That does not mean, however, that Vietnamese rights on the Truong Sa archipelago have been diminished, even if foreign powers were then able to take advantage of the situation to commit illegal intrusion in some of these islands. These rights had been openly established in the name of Vietnam when the French incorporated the archipelago into Indochina. Moreover, these territories were traditionally known and frequented by Vietnamese in the past. The French action of 1933 was entirely in conformity with international rule and practice. It was challenged by no one except Japan, who later relinquished all her claims. An effective presence and a peaceful exercise of sovereignty have been firmly assured. This has only been interrupted once and temporarily when Japan seized the Truong Sa Islands by force in 1941. As in the case of the Hoang Sa Islands, a foreign military presence has not and will not break the will of the Vietnamese to remain as the owner of all their territories. Therefore, let it be reminded that the islands now illegally occupied by foreign troops are indivisible parts of the Truong Sa archipelago which belong to the Vietnamese people.

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