Posts Tagged ‘Philippine-US Mutual Defense Treaty’

South China Sea: Albert del Rosario, Justice Antonio Carpio do not ‘fully comprehend the nature of arbitration,’ Philippine Government says

July 12, 2018

Does Philippine sovereignty matter? Is it meaningless?

Presidential Spokesperson Harry Roque says former foreign secretary Albert del Rosario and other individuals do not ‘fully comprehend the nature of arbitration’

FRIENDSHIP FORWARD. Philippine President Rodrigo Duterte and Chinese President Xi Jinping pose for a photo following a bilateral meeting at the Boao State Guesthouse on April 10, 2018. Malacañang file photo

FRIENDSHIP FORWARD. Philippine President Rodrigo Duterte and Chinese President Xi Jinping pose for a photo following a bilateral meeting at the Boao State Guesthouse on April 10, 2018. Malacañang file photo

MANILA, Philippines – Presidential Spokesperson Harry Roque said the Philippines under the Duterte administration continues to defend its rights over the West Philippine Sea even as he said there is no need to enforce the landmark ruling won by the country against China.

“I’m not sure what they mean by enforcing an arbitral decision because an arbitral decision is binding on parties thereto,” said Roque on Thursday, July 12, the 2nd anniversary of the historic Hague ruling.

DIPLOMATIC PROTEST. Acting Chief Justice Antonio Carpio and former Philippine foreign secretary Albert del Rosario urge the Duterte administration to file a diplomatic protest against China's bombers in the South China Sea. File photos by LeAnne Jazul/Rappler

Acting Chief Justice Antonio Carpio and former Philippine foreign secretary Albert del Rosario

Asked by Rappler if he means there is no need for enforcement, Roque said in a message: “Who will enforce? It’s self-executory as it’s binding on parties thereto.”

“We continue to assert our sovereignty and sovereign rights, but we have decided to move on on issues that are non-controversial,” he said in a press conference.

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He questioned the call of former foreign secretary Albert del Rosario for the Duterte administration to enforce the ruling.

“I don’t know what makes him an authority to give that view…. It clearly underscores the fact that some individuals, including the former secretary of foreign affairs, [do] not fully comprehend the nature of arbitration,” said Roque. (READ: How to enforce Hague ruling? PH lead counsel explains)

It was under Del Rosario’s watch as Department of Foreign Affairs (DFA) chief when the Philippines took China to court.

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Roque, asked why he thinks Del Rosario does not understand the nature of arbitration, said: “Because he’s calling for enforcement when clearly arbitration is binding…. Whether or not China will acknowledge it, China is bound by it because that is the nature of arbitration.”

However, China’s refusal to acknowledge the ruling, coupled with the Philippines’ decision to shelve it for later, has made the ruling ineffective in changing the situation on the ground.

Despite the ruling, China continues its military buildup in the West Philippine Sea and harassment of Filipino fishermen in areas declared by the decision as common fishing grounds. – Rappler.com

https://www.rappler.com/nation/207132-malacanang-no-need-enforce-hague-ruling

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Philippines should support freedom of navigation in South China Sea to protect own rights

July 12, 2018
In March, the French Navy announced that Floréal-class surveillance frigate Vendémiaire conducted a patrol in the South China Sea to assert French presence in the region.

French Navy, File
Audrey Morallo (philstar.com) – July 12, 2018 – 6:12pm

MANILA, Philippines — The Philippines should encourage freedom of navigation and overflight operations in the South China Sea as these could strengthen the enforcement of the historic arbitral ruling, Acting Chief Justice Antonio Carpio said on Thursday.

Carpio explained that the operations enforced the core legal effect of the 2016 ruling of the United Nations-backed tribunal.

“In effect, these operations enforce the core legal ramifications arising from the Award- that there are high seas in the South China Sea, and aroud these high seas are the exclusive economic zones belonging to the adjacent coastal states, including the EEZ (exclusive economic zone) of the Philippines in the West Philippine Sea,” Carpio said in a forum organized by the Stratbase ADR Institute in Makati City.

READ: US to continue operations in South China Sea despite China’s dissent — Pentagon chief

The acting chief justice said that China would not be able to transform the South China Sea into its mare nostrum with these operations.

Carpio said that immediately after the release of the ruling naval powers such as the US, the UK, Australia, France, Canada, India and Japan conducted their naval and aerial operations in the region.

The tribunal in the Hague invalidated in 2016 China’s expansive claim to the South China Sea, which was based on its so-called nine-dash line.

The ruling was released several weeks into Rodrigo Duterte’s presidency, and after initial uncertainty he eventually chose to back burn it to court Chinese money and investments into the country.

He has since tried to forge warmer ties with China, a stark contrast to the frosty relations between Manila and Beijing under former President Benigno Aquino III, whose government filed the case.

“Thus, effectively the president has placed in deep freeze any enforcement of the (arbitral) award by the Philippines,” Carpio said.

According to Carpio, it is the responsibility of Duterte as commander-in-chief of the Armed Forces of the Philippines to ensure that the military was conducting regular naval and aerial patrols in the country’s exclusive economic zones.

He said that the 1987 Constitution mandated the military to be the protector of the State and was mandated to secure its sovereignty and the integrity of its territory.

He also urged the Philippines to campaign among Southeast Asian nations and the US to make the building on the Scarborough Shoal their red line in the dispute.

He said that the US should treat this as a trigger for it to invoke the Philippine-US Mutual Defense Treaty which requires the countries to come to the aid of each other if it is attacked.

“I have always said that defending Philippine maritime zones in the West Philippine Sea is an intergenerational struggle,” Carpio said.

READ: France, UK sail warships in South China Sea

https://www.philstar.com/headlines/2018/07/12/1832907/philippines-should-support-freedom-navigation-south-china-sea-protect-own-rights

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China says it has sovereignty over all the South China Sea north of its “nine dash line.” On July 12, 2016, the Permanent Court of Arbitration  in The Hague said this claim by China was not valid. But China and the Philippine government then chose to ignore international law.

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Philippines: President Duterte Foes Amend Impeachment Complaint, Call Duterte Stance on China ‘Dereliction of Duty’

March 20, 2017
Magdalo party-list Rep. Gary Alejano holds a copy of the impeachment complaint he filed against President Duterte at the House of Representatives on Thursday. Philstar.com/File photo
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MANILA, Philippines — Magdalo Party-list Rep. Gary Alejano said that his group is considering  filing a supplemental complaint against President Rodrigo Duterte for allegedly being subservient to China.
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Alejano’s statement came after Duterte claimed last week that he allowed China to send survey ships to Benham Rise as part of an agreement.
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The Department of Foreign Affairs last week said it was not aware of an agreement or policy over the Benham Rise region.
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In an interview on CNN’s ‘The Source,’ Alejano said that the president’s action is a matter of national security since there is a conflict of interest with China on the West Philippine Sea, the part of the South China Sea that Manila claims.
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“We’re talking about national interest here, we’re talking about national security here because we have a clear conflict of interest in West Philippine Sea,” Alejano said.
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China has repeatedly reiterated its position over the South China Sea, saying it has a historical and legal claim over the vast area.
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An international tribunal however, ruled in favor of the Philippines in an arbitration case against China, saying that China’s “nine-dash line” claim over a large part of the South China Sea, including part of the Philippines’ exclusive economic zone, has no basis.
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In a speech on Sunday, Duterte also said that he cannot stop China from setting up a reported monitoring station in the Scarborough Shoal, also known as Panatag or Bajo de Masinloc.
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“We cannot stop China from doing its thing. Hindi nga napara ng Amerikano,” Duterte said.
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Duterte added that the country will lose all of its military and policemen if he declares war against China.
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Alejano however, said that war is not the only solution, saying that the president could constantly raise issues in the West Philippines Sea.
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“He’s not doing that because he’s afraid to offend China,” Alejano said.
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He added that if Duterte said he cannot do anything to protect the country’s territory “then that’s dereliction of duty.”
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 (Contains links to several previos articles on the South China Sea)

Philippine President Duterte Seeking Allies For At Sea Code of Conduct

March 20, 2017
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Duterte is welcomed by his Myanmar counterpart U Htin Kyaw at the Presidential Palace in the capital Naypyitaw yesterday. Duterte flew to Bangkok, Thailand last night. AP

MANILA, Philippines – In a bid to avoid tension in disputed areas in the South China Sea, President Duterte called for support for the approval of a Code of Conduct (COC) among members of the Association of Southeast Asian Nations (ASEAN).

“It’s very important for China and the rest of the nations, especially the ASEAN, to come up with a Code of Conduct,” Duterte said in a press briefing in Myanmar on Sunday night.

The President also pitched for the COC while he was in Myanmar, which was part of the last leg of his introductory tour of Southeast Asia in the run-up to the ASEAN summit this November in Manila.

The Declaration on the Code of Conduct of Parties in the South China Sea (DOC) was signed by all members of ASEAN and China on Nov. 4, 2002. It lists the principles of self-restraint and non-militarization.

Duterte said he would invoke the arbitral ruling favoring Philippine claims if China starts gathering mineral resources from the disputed areas.

“Kung ang China kukuha na sila ng mga oil o uranium (If China starts getting oil or uranium) or whatever that’s inside the bowels of the sea, kalabitin ko sila (I will do something). Ako man rin ang may-ari niyan (We own it). You claim it by historical right, but by judgment I won and it’s mine,” he said.

But Duterte again admitted that the Philippines cannot stop China from building a radar station at Panatag (Scarborough) Shoal because the Philippine military is no match for Chinese armed forces. And he cannot allow Filipino soldiers to go to disputed areas to avoid casualties.

“First hour pa lang ubos na ‘yun (they are finished already). We are not in a position to declare war,” he said.

“But I said to China that someday during my term as President, I will have to confront you about the arbitral ruling and that would be maybe, during the time when you begin to extract minerals and the riches of what is inside the bowels of the earth,” he added.

Duterte also claimed that the United States is also “scared” of China.

“Hindi nga natin mapigilan kasi hindi natin kaya ang China. Hindi nga mapigilan ng Amerikano. In the first place, sa umpisa pa lang niyan, hindi na pumunta ang Amerikano, natakot na (We cannot stop China. Even the Americans cannot stop it. In the first place, from the start America did not respond, they got scared right away),” he said.

He noted that what the Philippines has right now are only entitlements.

“Just entitlement, not territory. I said repeatedly it is not within our territorial waters. But what we are trying to achieve is that we are also recognized to own the entitlements,” he said.

“The structures have nothing to do with the economic zone. It might impede but actually it’s a construction that would disturb the navigation of the sea,” he added.

Despite China’s excessive claims, Duterte said he is working to further bolster economic and trade ties between Manila and Beijing.

Defend Panatag

Supreme Court Senior Associate Justice Antonio Carpio reminded Duterte that he has the constitutional duty to defend Panatag Shoal from Chinese incursion.

Carpio also formulated a five-point strategy on how the Duterte administration can respond to China’s reported plan to install a radar station in the disputed shoal.

The magistrate explained that Panatag is part of the national territory under Republic Act No. 9522 or Philippine Baselines Law and should be defended to “preserve for future generations of Filipinos their national patrimony in the West Philippine Sea.”

But he stressed that since the Philippines cannot match the military power of China, Duterte may opt for other actions to defend the country’s sovereignty over the shoal and fulfill his duty as president.

First, Carpio suggested that the government should file a strong formal protest against the Chinese building activity before the Permanent Court of Arbitration (PCA) in The Hague.

“This is what the Vietnamese did recently when China sent cruise tours to the disputed Paracels,” he added.

The PCA ruled that Panatag Shoal is a “common fishing ground” of fishermen not only from the Philippines but also from China and other neighboring countries and nullified China’s nine-dash line claim over South China Sea. The justice said the government could also send the Philippine Navy to patrol the shoal.

“If the Chinese attack Philippine Navy vessels, then invoke the Philippine-US Mutual Defense Treaty which covers any armed attack on Philippine navy vessels operating in the South China Sea,” he suggested.

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