Vietnamese expatriates and Filipinos display placards as they join together in a rally in front of the Chinese Consulate at the financial district of Makati to protest the recent moves by China to construct an oil rig near the Vietnamese-claimed Paracels off the contested Spratlys group of islands and shoals in the South China Sea on May 16, 2014. President Aquino on Thursday, June 5, said Chinese ships were moving around other reefs in the West Philippine Sea possibly to reclaim land. AP PHOTO/BULLIT MARQUEZ
MANILA, Philippines–Expressing concern, President Aquino on Thursday said Chinese ships were moving around other reefs in the West Philippine Sea possibly to reclaim land, but he vowed to see through a peaceful resolution of the country’s territorial dispute with China in the United Nations.
Aquino said Philippine authorities had observed the movement of Chinese ships around Gavin and Calderon reefs in the West Philippine Sea, part of the South China Sea within Manila’s 370-kilometer exclusive economic zone recognized under the United Nations Convention on the Law of the Sea.
Gavin Reef is internationally known as Gaven Reef. Calderon Reef’s international name is Cuarteron Reef.
Foreign Secretary Albert del Rosario on Thursday said the Philippines would lodge a fresh diplomatic protest with China if the Chinese activities at Gavin and Calderon reefs proved to be land reclamation, as on Mabini Reef.
“We are taking a good look at what’s happening there. If in fact it’s clear to us that … the status quo there is being changed, then we will take a look at a formal protest,” Del Rosario told reporters on the sidelines of the Asia-Europe Meeting (Asem) conference on disaster risk reduction in Manila. “Right now, we aren’t sure.”
Aquino said the Chinese ships were similar to the vessels reclaiming land on Mabini Reef, internationally known as Johnson South Reef, in the West Philippine Sea.
“We are again bothered that there seems to be developments in other areas within the disputed [waters],” the President told reporters after speaking at the Asem conference.
“The pictures that I saw were of ships that can be used for reclamation. These are just pictures, unlike Mabini where there was a transformation from nothing to a geographical feature,” Aquino said.
In early April, Manila protested China’s reclamation of land on Mabini Reef in an apparent preparation for the construction of an airstrip or an offshore military base.
Beijing rejected the Philippine protest, claiming Mabini Reef was part of its territory.
Covered by arbitration case
Both Gavin and Calderon reefs are covered by the arbitration case filed by the Philippines against China in the International Tribunal for the Law of the Sea challenging China’s claim of “indisputable sovereignty” over 90 percent of the 3.5-million-square-kilometer South China Sea.
That extensive claim has set China against the Philippines, Brunei, Malaysia, Vietnam and Taiwan, all of which claim parts of the South China Sea within their own exclusive economic zones
Disputed by the six countries are islands, islets, reefs and shoals believed to be sitting atop vast oil and gas reserves.
The South China Sea is also crisscrossed by vital sea-lanes where a third of annual global cargo passes.
Status quo agreement
To avoid clashes among the claimants, the Association of Southeast Asian Nations (Asean) and China signed an agreement, the Declaration of Conduct of Parties in the South China Sea, in 2002.
Under that agreement, the claimants are committed not to change the status quo in the South China Sea.
The Philippines has standing protests over China’s incursions on its territory, including Mabini and Ayungin Shoal (Second Thomas Shoal) off Palawan and Panatag Shoal (Scarborough Shoal) off Zambales province.
If China’s activities at Gavin and Calderon are leading to land reclamation, it would be another violation of the 2002 status quo agreement, Del Rosario said.
He described the situation as worrying, especially since the new reports of Chinese encroachment on Philippine territory came amid repeated incidents that had increased tensions between China and Vietnam in the East Sea, part of the South China Sea within Hanoi’s exclusive economic zone.
China moved a deepwater oil drilling rig to the East Sea on May 1, sparking a face-off between dozens of Chinese and Vietnamese ships, with rammings being reported by Hanoi and one of its fishing vessels being sunk.
With China’s apparent “expansion agenda,” Del Rosario said he doubted Beijing’s sincerity in pursuing negotiations with Asean on a code of conduct in the South China Sea, a binding upgrade to the status quo deal that would prevent the territorial disputes from erupting into armed conflict.
“Although there has been some [effort to move] the agreement forward, I’m not very optimistic about whether China is serious about an expeditious conclusion, because I can see the aggressive, provocative acts that we’re seeing now, which is I think in pursuit of their expansion agenda. That’s clear to everyone,” Del Rosario said.
China has a separate territorial dispute with Japan over uninhabited islands in the East China Sea, where it has declared an air defense zone where no aircraft can go through without Beijing’s permission.
The United States and its Asian treaty allies the Philippines and Japan, as well as Australia, Canada and European countries have rejected the air defense zone.
1st UN arbitration vs China
The UN arbitral tribunal on Monday ordered China to defend its claims despite its refusal to participate in the arbitration process. It gave China up to Dec. 15 to submit its response to the Philippine challenge.
China rejected the order, reiterating its earlier advice to the tribunal that it was not taking part in the process.
Under the rules, however, the arbitration process may continue even without China’s participation, with the tribunal basing its examination and ruling solely on the Philippine complaint.
The Philippine case is the first to be brought against China related to the territorial disputes in the South China Sea. A second case may be coming, with Vietnam saying last month that it was considering following the Philippine lead and taking legal action against China.
Clarification of rights
President Aquino vowed to press the case against China and see it through.
To resolve the dispute, he said Manila resorted to the “arbitral track” provided for by the UN Convention on the Law of the Sea.
“So at the very least, what we’ll get if they rule in our favor is a clarification: What is the right of any state and what are its obligations?” he said.
Aquino said he recognized China’s right not to participate in the arbitration.
“We’ve invited them to join us [in finding] a peaceful way of resolving the dispute. Now, I have no right to judge why they don’t want to join us in this method of peacefully resolving [the dispute],” he said.
The President declined to speculate on the impact of China’s refusal to take part in the arbitration, but said he hoped that “they would conform” to all the treaties, covenants and agreements, including the law of the sea.
Respect rule of law
“It’s our position . . . that China should participate, and the object of the whole exercise is to be able to clarify entitlements for everyone,” Del Rosario said. “If China refuses to participate, I don’t think it’s relevant as far as the outcome is concerned, because the case will proceed with or without China, and an award will be handed down, which [we hope] will be final and unappealable.”
Del Rosario urged China to respect international law.
“I think China, as a world power, would like to be respected and would like to be considered a responsible state. And in order for that to happen, they must respect the rule of law,” he said.
Originally posted at 11:21 pm | Thursday, June 5, 2014
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