Chinese official says 2016 Hague ruling still unacceptable
AN administration lawmaker yesterday said the administration of President Marcos Jr. should press for China’s compliance with the July 12, 2016 ruling of the Permanent Court of Arbitration (PCA) invalidating Beijing’s territorial claims in the South China Sea (SCS), including a big part of the Philippines’ 200-mile exclusive economic zone (EEZ).
The Philippines won the landmark arbitration case exactly seven years ago after the tribunal concluded that China’s claim to almost the entire SCS, where about $3 trillion worth of sea-borne goods pass every year, was groundless.
Cagayan de Oro Rep. Rufus Rodriguez made the call on the seventh anniversary of the country’s victory at the United Nations-sanctioned arbitral tribunal, saying the government “should mark this day with more vigor and the more forceful assertion of the ruling and our victory.”
To highlight the importance of the date, Kabataan party-list Rep. Raoul Manuel filed a still-unnumbered House Bill entitled “An Act Declaring July 12 as the West Philippine Sea Day” to commemorate the historic 2016 Hague Ruling.
“The bill aims to raise awareness among Filipinos about the significance of the ruling and its implications for the country’s sovereignty, territorial integrity, and marine resources,” the bill’s explanatory note read.
Manuel believes that efforts to commemorate the event would be “a huge first step in order to continue to build an independent foreign policy that will stand up for our sovereignty and territorial integrity.”
“The Philippine government instating a yearly commemoration of the 2016 Hague Ruling and consistent efforts to educate and raise public awareness are more concrete and genuine actions than anything previously taken by the Marcos, Jr. regime so far. We hope that once passed, this bill will help foster genuine nationalism and respect for sovereignty among the youth and citizens,” he said.
Sen. Riza Hontiveros also filed a resolution seeking to declare July 12 every year as “National West Philippine Sea Day” in commemoration of Manila’s victory over China in the arbitral proceedings.
“Considering the unresolved territorial dispute between the Philippines and China and the presence of Chinese vessels in Panatag Shoal and other parts of the WPS, which continue to threaten and harass Filipino fisherfolk and prevent them from exercising their traditional fishing rights in the area, it is essential that the spirit of the country’s landmark legal victory in the Hague be kept alive in the hearts of our people through a special day of remembrance, and other related activities,” Hontiveros said in proposed Senate Resolution 674.
She said China’s activities in the WPS, including the reclaiming and construction of artificial islands have caused P33 billion in severe and irreparable harm to the marine ecosystem.
Sen. Jinggoy Estrada said the arbitral ruling was not only a victory for the Philippines but also a triumph for international law and the principle of sovereignty.
“Seven years have passed since that historic ruling, yet we continue to face challenges and threats to regional stability, maritime security, and freedom of navigation. As a nation, we must persist in asserting our claims and defending our interests in accordance with international law,” Estrada said, adding that the government should continue to assert the country’s rights in the WPS.
Sen. Francis Tolentino said the government must speak with one voice on the issue, even on such issue as banning films like “Barbie” that supposedly portrayed China’s nine-dash line map.
“Kaya nga dapat consistent tayo all approaches – diplomatic, engagement with other allies and even sa ibang bagay kagaya ng psychological swarming, kagaya ng eksena sa Barbie na dapat ay inalis (We should be consistent in all approaches – diplomatic, engagement with other allies and even in other issues such as the psychological swarming and the scene in the film Barbie that should have been deleted),” Tolentino said.
The Movie and Television Review Classification Board on Tuesday rejected Tolentino’s call to ban the showing of Barbie in local cinemas saying it has no basis to do so as there is no clear or outright depiction of China’s supposed nine-dash line map in the South China Sea.
Tolentino earlier called for the banning of the film in the country after it allegedly featured a map showing Beijing’s “nine-dash line” claim in the disputed South China Sea.
Vietnam, another country claiming parts of the South China Sea, has banned the domestic distribution of “Barbie” over the alleged nine-dash line depiction.
The Philippines brought China to the Permanent Court of Arbitration in the Netherlands in 2013, questioning its massive claim in the SCS.
China declined to participate in the arbitral proceedings and in 2016, the arbitral tribunal ruled in favor of Manila, saying that Beijing has no legal right to claim the disputed waterway as its own.
Beijing refused to acknowledge the arbitral ruling and insisted on bilateral talks to address the maritime dispute, where experts said its growing military might and economic heft could be brought to bear on Manila and other claimant countries.
NOT RECOGNIZED
China, whose “aggressive” actions in the SCS have been the subject of hundreds of diplomatic protests filed by the Philippines, maintained it does not accept any claim or action based on the ruling.
“With its ruling, the tribunal violated the principle of state consent, went beyond its authority to hear the case and perverted law,” Chinese foreign ministry spokesperson Wang Wenbing told a regular news conference.
Rodriguez said the Philippine government should insist on China’s compliance with the arbitral ruling by abandoning areas within the Philippines’ EEZ that it has occupied and “by ceasing to harass and bully Philippine vessels, including small boats, and Filipino fishermen.”
Maritime Law expert Jay Batongbacal said it is up to the Philippine government to take steps to enforce the country’s 2016 victory over China.
Speaking at the “Laging Handa” public briefing, the University of the Philippines professor stressed that the country has to keep asserting its rights over its maritime entitlements that were upheld in the arbitral ruling despite China’s contrary claims.
While Beijing has made increasingly aggressive actions in disregard of the said ruling, Batongbacal said the Philippines is not standing alone against Asia’s military and economic giant as other countries recognize the importance of freedom of navigation in the area.
“Nakita po natin maraming bansa ang nagsasalita, pinapanigan ang Pilipinas at nangangakong tutulungan ang Pilipinas na panindigan ang kanyang mga karapatan dito sa West Philippine Sea (We have seen other countries declare their support for the Philippines with a commitment to support in enforcing its right),” he pointed out.
Other than the United States, he also mentioned Japan, France, and Australia as countries blocking China’s unlawful claims.
“This is what we have been waiting for… for our government to make the correct moves. We have shown the international community that we are backing down and remains insistent that China respect international law and our country’s rights,” the maritime lawyer said.
He cited the regular monitoring and patrol by Philippine Navy and Coast Guard vessels over the WPS and the continued protests over illegal activities by Chinese ships.
“The other step we have to make is to enact a law to specifically identify our maritime zone and mark the limits of our entitlements in the West Philippine Sea. These are key steps in the enforcement of this arbitral award,” Batongbacal added.
China’s countermoves are to be expected because of the potential rich resources of the WPS and her need to have a security buffer without regard for the valid rights of other countries in the Southeast Asian region.
“We have the backing of many countries whose own economies and interests are reliant on free access to WPS. Our stand is categorical: respect Philippine rights, respect the UNCLOS (United Nations Convention on the Law of the Sea),” he pointed out.
Vice Admiral Alberto Carlos, commander of the AFP’s Western Command (WESCOM), said the 2016 PCA ruling “gave credence and validation to Philippine sovereignty, sovereign rights and entitlements in the West Philippine Sea.”
“We are heartened by the solid fact that the decision is now part of international law, is recognized by the international community and has become the basis for policies and actions in the WPS,” Carlos said in a statement.
“We are one with our neighbors and allies in enforcing a rules-based order, freedom of navigation, trade and commerce, and the gifts of nature will continue to flourish to be enjoyed by all generations,” he also said.
WESCOM spokesman Commander Joseph Ariel Coloma said their forces would stand firm on the administration’s directive not to surrender a single inch of Philippine territory to foreigners.
“Sa WESCOM, kahit ano pa man ang ating pinaghahawakan na ruling as of the moment, we are standing firm sa utos ng liderato na we should not lose a single inch of our territory diyan sa WPS (In the WESCOM, we will follow firmly the leadership’s instruction that we should not lose a single inch of our territory there in the WPS),” Coloma told radio dzBB.
INTERNATIONAL SUPPORT
The United States urged China to stop its “routine harassment” of vessels of SCS claimant countries that are operating and plying their trade in their EEZs.
“The United States reaffirms its July 13, 2020 policy regarding maritime claims in the South China Sea. We continue to urge Beijing to comport its maritime claims with international law as reflected in the 1982 Law of the Sea Convention, cease its routine harassment of claimant state vessels lawfully operating in their respective exclusive economic zones, halt its disruption to states’ sovereign rights to explore, exploit, conserve, and manage natural resources, and end its interference with the freedoms of navigation and overflight of states lawfully operating in the region, “ a press statement issued by State Department spokesperson Matthew Miller said.
The State Department also reminded China that the arbitral ruling is “final and legally binding” to Manila and Beijing.
At the same time, it said Washington will continue working with “allies and partners to advance a free and open Indo-Pacific, one that is at peace and grounded in respect for international law.”
Manila and Washington have an existing Mutual Defense Treaty (MDT) that binds both countries to come to each other’s aid in case of invasion or an armed attack on their personnel, ships, or aircraft.
The US has repeatedly said the MDT covers Filipino personnel, ships and aircraft operating in the SCS.
Australia, the European Union delegation in Manila, Japan, Canada and the United Kingdom also reaffirmed their support for the arbitral ruling.
“On the 7th anniversary of the SCS arbitral award, Australia reaffirms its support for the decision, which is final and binding on both China and the Philippines. We continue to call for respect for international law, particularly the United Nations Convention on the Law of the Seas or UNCLOS for an open, stable, and prosperous region,” Australian Ambassador to Manila Kyong Yu said in a tweet.
For its part, the EU also said the arbitral ruling is legally binding and should be adhered to by the parties involved.
“The Award of the Arbitral Tribunal is a significant milestone, which is legally binding upon the parties to those proceedings, and a useful basis for peacefully resolving disputes between the parties,” it said.
The regional bloc also stressed the importance of upholding the freedoms, rights and duties established in UNCLOS, in particular the freedoms of navigation and overflight.
Japanese Foreign Minister Hayashi Yoshimasa urged China to abide by the ruling, saying that its continued refusal to do so is against international law.
“The claim by China that it will not accept the award is against the principle of the peaceful settlement of disputes in accordance with international law, in particular UNCLOS, and undermines the rule of law as a fundamental value of the international community,” Hayashi said.
“Japan strongly hopes that the parties’ compliance with the award will lead to the peaceful settlement of disputes in the South China Sea,” he added.
Hayashi also reiterated Tokyo’s opposition to any maritime claims in the SCS that are inconsistent with UNCLOS.
“Japan reiterates its strong opposition to unilateral attempts to change the status quo by force or coercion,” he said, adding that Tokyo is “seriously concerned” about the situation in the area.
Canadian Ambassador to Manila David Hartman said Ottawa has been very vocal in supporting the arbitral ruling.
“The 2016 arbitral ruling needs to be enforced and it is legally binding that it be included in the international law, we have always been strong in our position, and we have been an active vocal proponent on the enforcement of it, encouraging all parties involved to respect the ruling,” Hartman told CNN Philippines.
“Canada, like many members of the international community, is crystal clear on that. We very much support the government of the Philippines in its all efforts to enforce your territorial integrity,” he also said.
A subsequent statement issued by the Canadian Ministry of Foreign Affairs reiterates that the arbitral award is final, binding on all parties, and provides a vital foundation for the peaceful resolution of competing maritime claims in the region, consistent with international law.
It said China’s refusal to abide by the ruling and its aggressive activities in the SCS weakens international law.
“The People’s Republic of China’s continued refusal to accept the tribunal decision, and its coercive behavior in the East and South China Seas, including the occupation of maritime features and the use of naval, coast guard, and maritime militia vessels to harass and obstruct the lawful operations of the ships of other states, are dangerous, and incompatible with China’s obligations under international law,” it said.
“Canada reaffirms its strong opposition to unilateral actions that threaten the status quo. We stand with the Philippines and all Association Southeast Asian Nations member states in upholding international law as the essential basis for safe and responsible maritime activity,” it added.
British Ambassador to Manila Laure Beaufils reiterated her government’s support for the arbitral award and UNCLOS and opposition to the use of force to settle disputes.
“The UK will continue to demonstrate its support and stand up to the principles of sovereignty, territorial integrity and non-aggression. We will continue to oppose any action that raises tensions,” Beaufils said.
The French Embassy in Manila earlier expressed concern over recent incidents in the WPS and called for respect and adherence to international law and the peaceful resolution of disputes.
Rodriguez also welcomed and lauded the support extended by the United States, the European Union and 16 European nations for the 2016 arbitral ruling, saying “it shows that China has become a pariah insofar as the 2016 arbitral ruling and its harassment and bullying activities in the South China Sea are concerned.” — With Ashzel Achero, Peter Tabingo, Raymond Africa, and Reuters
