THE Department of Foreign Affairs yesterday said it had sent a note verbale to China seeking clarification on the recent confrontation between personnel of the Philippine Navy and Chinese Coast Guard near the Pag-asa Island in the West Philippine Sea.
Foreign Affairs Secretary Enrique Manalo said before sending the note verbale, the department had been “studying” the incident where the Chinese Coast guard “forcibly” took an unidentified floating object recovered by Filipino troops last Sunday. The floating object turned out to be debris from a spacecraft launched by China recently.
Last Wednesday, Department of National Defense officer-in-charge Jose Faustino Jr. disputed China’s claim that its coast guard gained possession of the rocket debris found by Filipino troops through “friendly consultation.”
Faustino stood by the report of the Armed Forces that a Chinese ship blocked the pre-plotted course of Philippine Navy personnel while towing the debris, cut the towing line attached to their rubber boat, and took the object.
The Chinese Embassy in Manila has denied that their coast guard forcefully retrieved the object from Philippine troops, saying that it was done after “friendly consultation” on the spot.
“The department has also taken action. We have issued a note verbale already seeking clarification from China on what happened,” Manalo told CNN Philippines.
Last Tuesday, President Marcos Jr. said Manila would send a note verbale to Beijing following the incident.
“We, of course, have our own reports but we would like to hear from the side of China,” Marcos said
Manalo said the DFA is ready to take further actions, including the filing of a diplomatic protest.
“At the same time, we will continue monitoring this incident and we’ll see what further diplomatic action might be needed,” the DFA chief said, adding their next action will depend on China’s reply.
A note verbale is a diplomatic note that is more formal than an aide-memoire, is drafted in the third person, and is never signed, while a diplomatic protest is in the nature of a complaint and usually expresses dissatisfaction with an official action or policy of the government to which it is addressed.
Manalo said it is up to Beijing whether it would consider the note verbale as a diplomatic protest.
“Technically, it’s a diplomatic note. We made it very clear that this is the report we have received and we’d like to seek clarification from China. They can take it whatever way they want but we hope they respond to us as soon as possible,” Manalo said.
Manalo added the DFA stands by the statement of the Philippine Navy on the issue.
“We stand by the statement of the Vice Admiral; we are taking that into heart. That is why we have referred it in effect in the note verbale to China and we’d like to see how they reply,” Manalo said, referring to the statement of AFP Western Command chief Admiral Alberto Carlos.
Last September, the DFA told the Senate that since Marcos assumed office last June, it has filed 48 diplomatic protests against China over the aggressive action of its vessels in the WPS.
Since January this year, the DFA said 172 protests have been filed against Beijing.
There were 388 diplomatic protests filed against Beijing under the China-friendly administration of former President Rodrigo Duterte.
The diplomatic protests covered such incidents as illegal fishing, illegal presence of Chinese ships, harassment of Filipino fishermen and law enforcement authorities, and unauthorized scientific research in the country’s exclusive economic zone.
China claims almost the entire South China Sea, with the Philippines, Vietnam, Taiwan, Brunei, and Malaysia having overlapping claims.
In 2016, the Netherlands-based Permanent Court of Arbitration declared invalid China’s sweeping claims in the disputed water under its so-called nine dash line in a historic case brought by the Philippines. Beijing, however, refused to acknowledge the arbitral ruling.
CODE OF CONDUCT
In a related development, Manalo said Marcos and Chinese President Xi Jin Ping have reaffirmed their commitments to come up with a Code of Conduct to ease tension among claimant countries and prevent it from spiraling into a military conflict.
“President Marcos and President Xi met at the sidelines of the APEC Summit, their first face-to-face meeting, and during the meeting they discussed a wide area of cooperation. The Code of Conduct was also discussed and both leaders reaffirmed their commitment to conclude the negotiation for a substantive code of conduct,” Manalo said, adding he expects negotiations on the Code to resume next year.
“I at least two or three rounds of negotiations next year,” Manalo said, adding the COVID-19 pandemic hampered earlier negotiations.
But he cautioned the negotiation might take some time to come into fruition considering the complex and technical issues involved.
“It is quite technical and many of our technical and legal experts on the law of the sea are involved in the negotiation. I don’t have a crystal ball but I hope in the next one or two years it will come into fruition. All I can say is we will do our best to conclude it at the best possible time,” he added.
A legally binding COC is expected to ease tension and lessen the chance for military confrontation in the area while enhancing confidence building measures among the claimant countries.