Manalo: Arbitral win vs China to anchor PH policy | Inquirer News

Manalo: Arbitral win vs China to anchor PH policy

By: - Reporter / @santostinaINQ
/ 06:00 AM July 13, 2022

Foreign Affairs Secretary Enrique Manalo, STORY: Manalo: Arbitral win vs China to anchor PH policy

Foreign Affairs Secretary Enrique Manalo

MANILA, Philippines — Foreign Secretary Enrique Manalo on Tuesday said Manila’s landmark victory in its maritime dispute with China six years ago was now one of the “twin anchors” of the country’s policy and actions in the West Philippine Sea.

More than a historic milestone, Manalo said the July 12, 2016, arbitral tribunal ruling against China’s expansive claims to the South China Sea affirmed that the rule of law prevailed, and that stability, peace, and progress can only be attained when founded on a rules-based international legal order.

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The tribunal ruled to invalidate China’s historic claims to nearly the entire South China Sea demarcated by its so-called nine-dash line, which included the West Philippine Sea, waters within the country’s 370-kilometer exclusive economic zone.

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Beijing refused to participate in the arbitration and continues to ignore the arbitral award despite international pressure.

Other countries, including the United States and Japan, reiterated their support for the landmark decision.

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The United States said it remained committed to defending the Philippines against any armed attack in the South China Sea and repeated its call on China “to abide by its obligations under international law and cease its provocative behavior” in the South China Sea.

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‘Reason and right’

“The Award and the United Nations Convention on the Law of the Sea (Unclos) are the twin anchors of the Philippines’ policy and actions on the West Philippine Sea,” Manalo said in a statement to mark the sixth anniversary of the arbitral ruling.

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Manalo said it was an “affirmation” that the dispute resolution mechanism resorted to by the Philippines established “how matters should be considered — through reason and right” and “beyond the reach of arms to change” and this would serve to inspire other states facing similar conflicts.

“And so, we say once again: the present that we need and the future that we want is a peaceful South China Sea. The Philippines is committed to this for as long as it exists,” said Manalo.

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6 years, 300 protests

Despite the July 2016 arbitral award, China continued illegal activities in the West Philippine Sea, prompting the Department of Foreign Affairs (DFA) to file over 300 diplomatic protests.

One of them, in April 2020, was against one of China’s naval vessels that pointed a radar gun at a Philippine Navy ship in Philippine waters. Another was against Beijing’s declaration that parts of Philippine territory were parts of Hainan province.

The DFA also protested against Beijing’s May-August fishing ban in the South China Sea that extended into the West Philippine Sea. China rejected the protest.

International sentiments

The intrusion by Chinese government and maritime militia vessels into Philippine waters, harassment of Filipino fishermen and the construction of new structures on China’s seven artificial islands have all been protested by Manila, according to the DFA.

Beijing routinely rejects these protests, saying all its actions are done within waters where it claims it has sovereign rights.

In Washington, Secretary of State Antony Blinken reaffirmed the July 13, 2020, US policy enunciated by his predecessor Mike Pompeo, which stated that “an armed attack on Philippine armed forces, public vessels, or aircraft in the South China Sea would invoke US mutual defense commitments under Article IV of the 1951 US-Philippines Mutual Defense Treaty.”

“We call again on the [People’s Republic of China] to abide by its obligations under international law and cease its provocative behavior,” he said, adding that it will continue working with its allies and partners “to protect and preserve the rules-based order.”

The Japanese government said Beijing’s refusal to accept the arbitral award “is against the principle of peaceful settlement of disputes” and “undermines the rule of law as a fundamental value of the international community.”

Japanese Foreign Minister Hayashi Yoshimasa, in a statement, lauded the Philippines for having “consistently complied” with the award and for showing its “commitment to a peaceful settlement” of disputes.

“Japan renews its objection to maritime claims in the South China Sea that are inconsistent with Unclos and remains seriously concerned about the current situation,” Hayashi said.

Japan and China also are locked in a similar dispute over islands in the East China Sea.

Germany, a key European ally of the Philippines, expressed support for the country with Ambassador Anke Reiffenstuel saying that only through “joint multilateral approach” can the international rules-based maritime order be upheld and defended.

The Canadian government expressed concern over China’s “continued unwillingness to accept” the tribunal decision and its “ongoing coercive activities” in the East and South China Seas.

“Canada reaffirms its strong opposition to unilateral actions that escalate tensions and undermine regional stability and the rules-based international order. This includes China’s use of naval, coast guard and maritime militia vessels to intimidate the ships of other states and assert unilateral claims over disputed features,” it said.

Australian Ambassador to the Philippines Steven Robinson, in a post on Twitter, said “it’s as important as ever the parties abide by the decision” of the arbitral tribunal.

French Ambassador Michele Boccoz reiterated her government’s commitment to ensuring respect for international law particularly Unclos, and promoting a rules-based, multipolar order in the South China Sea and throughout the Indo-Pacific zone.

Risa: Be sharper

At the Senate, opposition Sen. Risa Hontiveros urged the Marcos administration to “take a sharper position compared to its predecessor” with regard to the country’s ties with China.

“China’s unlawful and aggressive incursions must also stop, especially their addition of artificial islands in disputed waters. Mr. President, it is your duty to prohibit these operations,” Hontiveros said.

Hontiveros said any discussion of a so-called “shared prosperity” with China with respect to Philippine resources “must yield to international law and our own Constitution.”

She said the “special friendship” between Manila and Beijing under President Ferdinand Marcos Jr. should still put Filipino interests ahead.

“No amount of diplomatic relations should ever imperil our sovereignty,” she said, alluding to former President Rodrigo Duterte’s refusal to assert the arbitral ruling to avoid “war” with China an in exchange for Chinese aid and investments.

—WITH REPORTS FROM DJ YAP AND INQUIRER RESEARCH 

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