Don’t expect miracles, says ex-SC justice
THE Department of Foreign Affairs yesterday said a new mechanism that aims to improve the handling of maritime disputes by the Philippines and China has been established amid continuing tension between the two countries over the West Philippine Sea which Beijing also claims as its own.
In January last year, Manila and Beijing struck a similar deal to establish a line of communication. The new mechanism will allow the presidential offices of the Philippines and China to directly reach out to each other through an emergency hotline.
Former Supreme Court associate justice Antonio Carpio expressed skepticism over the communication lines “because that will not resolve the dispute.”
“We don’t know if they will answer when we call, so we will have to wait,” said Carpio, a member of the legal team to the Permanent Court of Arbitration where the Philippines won a case against China’s massive claim in the South China Sea. “It is good to have that but we should not expect miracles out of that.”
The Philippines and China agreed during the recent meeting on the need to “restore trust” and “rebuild confidence” to better manage disputes.
According to the DFA, the “Arrangement on Improving Philippines-China Maritime Communication Mechanisms” signed on July 2 would give both countries “several channels for communication to address maritime issues,” including one to be used by representatives designated by their leaders (Philippine President Ferdinand Marcos Jr. and Chinese President Xi Jin Ping), as well as officials of the foreign ministries of Manila and Beijing, including at the levels of the foreign minister or foreign secretary, or vice foreign minister or foreign undersecretary, or through their designated representatives.
Communication channels between the Philippine Coast Guard and China’s Coast Guard “will be set up once the corresponding memorandum of understanding between the Coast Guards is concluded,” according to the agreement.
DFA Assistant Secretary and spokesperson Teresita Daza said the department is in discussion with their Chinese counterparts “on the guidelines that will govern the implementation of the arrangement.”
Foreign ministry spokesperson Lin Jian, asked about the agreement, told a briefing in Beijing, “China has always been committed to working with the Philippines to properly address maritime issues through dialogue and consultation.”
“The two countries have agreed to further strengthen the dialogue on sea-related communication between diplomacy and the maritime police, so as to jointly safeguard the stability of the maritime situation and the overall situation of China-Philippines relations,” Lin added.
Reuters quoted a source as saying that under the new arrangement, three communication channels would be established specifically for maritime issues.
The first channel would be used by “representatives to be designated by their leaders,” with the other for respective foreign ministries at ministerial or vice-ministerial level, or their designated representatives, according to the document.
The third would involve their respective coast guards “which will be set up once the corresponding MOU (memorandum of understanding) between the coast guards is concluded,” the document said.
After the agreement in January to establish communication lines, the Philippine Coast Guard (PCG) said Chinese officials did not pick up the phone when the Chinese Coast Guard (CCG) blocked and used water cannons on a Philippine resupply mission to troops stationed at the grounded Philippine Navy ship BRP Sierra Madre at Ayungin Shoal.
On June 17, the most violent confrontation took place between Chinese and Filipino personnel when the former again tried to prevent a similar resupply run to Ayungin. This time, Chinese coast guard personnel brandished knives and other bladed weapons while their vessel rammed a Filipino rigid-hull inflatable boat (RHIB).
A Filipino sailor lost his thumb in the incident while Chinese coast guard personnel punctured the Navy’s RHIB and took away seven firearms.
Armed Forces chief Gen. Romeo Brawner said the cost of damage to the Navy was some P60 million.
The two countries have traded barbs repeatedly over jurisdiction in the contested South China Sea as the Philippines, emboldened by support of defense ally the United States, challenges China’s permanent presence around strategic features inside Manila’s exclusive economic zone.
Beijing maintains it has sovereignty over most of the South China Sea based on its old maps and has deployed hundreds of coast guard vessels deep into Southeast Asia to assert its claims, disrupting offshore energy and fisheries activities of other neighbors, including Malaysia and Vietnam.
China has refused to recognize a 2016 international ruling that concluded Beijing’s claims have no basis under international law.
The United States has backed the Philippines over the clashes, condemning what it calls Chinese aggression, while underlining its “ironclad” commitment to a 1951 Mutual Defense Treaty under which it must defend its former colony if attacked. China has accused the United States of interference.
While China claims almost all of the vital waterway, where $3 trillion worth of trade passes annually, the Philippines, Brunei, Malaysia, Taiwan and Vietnam lay claims to parts.
AYUNGIN INCIDENTS
Gen. Charles Brown Jr, chairman of the US Joint Chiefs of Staff, discussed with top Filipino security officials on Wednesday recent incidents at the Philippine-occupied Ayungin Shoal in the West Philippine Sea.
Brown held meetings with Defense Secretary Gilberto Teodoro Jr, National Security Adviser Eduardo Año, and AFP chief Gen. Romeo Brawner Jr on Tuesday and Wednesday during his visit in Manila, said a readout issued by Joint Staff Spokesman Navy Capt. Jereal Dorsey.
“The leaders discussed ongoing efforts to strengthen the alliance, including bilateral security assistance, utilization of Enhanced Defense Cooperation Agreement (EDCA) agreed locations and the importance of maritime domain awareness to counter illegal, coercive, aggressive and deceptive activities,” the readout said, without giving further details on the discussions.
The Philippine military has accused China of committing illegal, coercive, aggressive and deceptive activities, or ICAD, in the West Philippine Sea, including dangerous maneuvers, water cannoning and even ramming.
“The leaders also shared their assessments of the regional security environment, including recent events in the vicinity of Second Thomas Shoal (Ayungin), and the importance of maintaining a free and open Indo-Pacific,” the readout said.
“The US-Philippines Alliance has upheld peace and security in the Indo-Pacific for more than 70 years with a shared vision of transparency, the rule of law, respect for sovereignty, and the peaceful resolution of disputes,” it added.
The US Department of Defense said Brown visited one of the none EDCA sites in the Philippines. All the sites are co-located at military facilities. The Americans are allowed to put up structures in these areas for prepositioning of equipment.
DEAL WITH JAPAN
In a statement, the Department of National Defense (DND) said Teodoro, during his meeting with Brown, reiterated the importance of the continued cooperation between the two defense departments.
Teodoro highlighted the recent signing of Reciprocal Access Agreement (RCA) between the Philippines and Japan. He expressed optimism that similar agreements will be signed with other like-minded countries.
Teodoro also cited the need to address some critical concerns, including in the field of information and communications technology and cyber domains.
“Our cyberspace is the most vulnerable in the defense establishment, and the most aggressive attacks come from state and non-state actors. In this age of disinformation, maintaining robust cybersecurity is paramount,” he said.
DND spokesman Arsenio Andolong said Brown “acknowledged the strong relationship between the Philippines and the United States, emphasizing the importance of his visit in sustaining the momentum of bilateral cooperation.”
Brawner, who accompanied Teodoro in the meeting, said: “This visit sends a strong message to our neighbors and signals that our military-to-military relationship is strong.”
“We hope that General Brown’s visit will be beneficial for both the Philippines and the US,” added Brawner.
MONSTER SHIP
China’s “monster ship” with bow number 5901 is still anchored at the vicinity of the unoccupied Sabina Shoal or Escoda Shoal, Commodore Jay Tarriela, Philippine Coast Guard spokesman for the West Philippine Sea spokesman, said yesterday.
On Tuesday, Navy spokesman for the West Philippine Sea Rear Adm. Roy Vincent Trinidad said the Chinese Coast Guard vessel has left the shoal.
Tarriela said PCG vessel BRP Teresa Magbunua (MRRV 9701), which is deployed at the shoal for the past months, is monitoring the Chinese vessel.
“The CCGV (Chinese Coast Guard Vessel) 5901 was approximately 638 yards away from the port quarter of the MRRV 9701,” said Tarriela of the Chinese vessel that anchored at the shoal last July 3.
Trinidad acknowledged the error, and said the vessel has been keeping an “on and off” presence at the shoal.
Tarriela said another China Coast Guard vessel, with bow number 5303, earlier spotted off Lubang Island in Occidental Mindoro is now enroute to Palawan.
On Monday, American maritime expert Ray Powell reported a Chinese vessel, conducting intrusive patrol, was monitored some 60 nautical miles off the island that day.
“Since last night (Tuesday night), we tracked its movement that its now moving away toward Palawan. So it’s no longer there in Lubang Island,” said Tarriela.
Tarriela announced the conduct of a joint passing exercise between PCG vessel BRP Melchora Aquino and the US Coast Guard cutter USCG Waesche, in the West Philippine Sea, particularly off Lubang Island.
“The exercise aims to strengthen maritime cooperation and interoperability between the two coast guard services in the areas of maritime safety and environmental protection,” he said in a statement.
Tarriela said the exercise focused on simulating various scenarios, including search and rescue, firefighting, communication exercise, and medical evacuation.
He shared a video showing the BRP Melchora Aquino firing a water cannon towards a rubber boat during the exercise. He said that was a “firefighting scenario.”
“By sharing best practices, concepts, doctrines, and standard operating procedures, the PCG and USCG enhance their respective capabilities to respond to maritime emergencies and contingencies,” said Tarriela.
He said the exercise began at 7 a.m. upon arrival of the US Coast Guard vessel, and was completed at noon.
“The joint exercise underscores the commitment of both Coast Guards to their vital role in safeguarding lives at sea, promoting maritime security, and protecting the marine environment,” said Tarriela.
Tarriela said the two coast guards “will continue to expand their collaboration and jointly strengthen their capabilities to effectively respond to maritime contingencies and promote a safe, secure and peaceful rules-based maritime order.”
MARITIME ZONES ACT
The proposed Philippine Maritime Zones Act, a reconciled version of the bills filed at the House of Representatives and the Senate, was approved yesterday by the bicameral conference.
Senate majority leader Francis Tolentino, the bill’s principal author, said the approved version of the proposed measure incorporates provisions for Palawan, the Philippine Rise, internal waters, and archipelagic sea lanes.
The bicam tackled the disagreeing provisions of Senate Bill No. 2492 and House Bill No. 7819, which both seek to define the internal waters, archipelagic waters, territorial seas, contiguous zones, continental shelves, and all other territories under the jurisdiction of the Philippines, including the exclusive economic zone.
“This will clearly define our rights and boundaries, including areas where our fisherfolk can sail and fish,” Tolentino said.
He said the bill is a landmark measure as it declares the country’s rights over its maritime zones.
“This will be the first time that the term West Philippine Sea will be embodied, mentioned, and referred to in a law that will be passed by Congress,” Tolentino said.
He said the measure renames Philippine Rise, a 13-million hectare underwater plateau located off Aurora province, to the “Talampas ng Pilipinas.”
He cited two recent incidents that can be related to the measure. They are the “hit and run” of a bulk ship on a small fishing vessel in Subic, Zambales; and reports that the Chinese Coast Guard has entered the waters off Lubang in Occidental Mindoro.
The Philippine Maritime Zones Act is one of the 28 priority measures announced by the Legislative-Executive Development Advisory Council (LEDAC).
Minority leader Aquilino Pimentel II and Sen. Sherwin Gatchalian joined Tolentino in the Senate contingent, while the House contingent was composed of Reps. Maria Rachel Arenas, Francisco Benitez, and Emigdio Tanjuatco III. — With Raymond Africa and Reuters
