Int’l court tells China: Answer Phl complaint

Beijing: No we won’t

MANILA, Philippines - A Hague-based international tribunal has asked China to defend its territorial claims in the South China Sea and West Philippine Sea from a legal challenge posed by the Philippines by submitting evidence within six months or by Dec. 15.

China has refused to join the arbitration process initiated by the Philippine government before the United Nations last year.

“China’s stance of not accepting and not participating in the relevant Philippines’ arbitration case has not changed,” Chinese foreign ministry spokesman Hong Lei told reporters yesterday.

Philippine officials pressed a call yesterday for China to join the arbitration by the International Tribunal for the Law of the Sea (ITLOS) as a peaceful and durable solution to the territorial disputes, which have flared in recent years and sparked alarm across Asia and beyond.

At Malacañang, presidential spokesman Edwin Lacierda reminded Beijing of its obligations under the United Nations Convention on the Law of the Sea (UNCLOS).

“We are all signatories to a treaty or a pact and all parties should abide by the treaty – the treaty provisions that we all entered into,” Lacierda said.

“And for that particular reason, we have used the legal mechanism of arbitration to ensure and to clarify all the rights and entitlements of each country under the United Nations Convention on the Law of the Sea,” he told a news conference.

“So we will leave it with China whether they should respond or not to the memorial filed by the Philippines. But, again, this is a process that all parties are abiding by. So, whether China responds or not, we’ll leave it with them,” he said.

The Department of Foreign Affairs made the same appeal to Beijing.

“We continue to urge China to reconsider its decision not to participate in the arbitration proceedings,” said DFA spokesman Charles Jose.

“We also wish to reiterate that arbitration is a peaceful, open and friendly resolution mechanism that offers a durable solution to the disputes in the South China Sea.”

Until Dec. 15

The Hague-based tribunal issued a statement Tuesday giving China until Dec. 15 to submit written arguments and evidence against the Philippine complaint, which questioned the validity of China’s so-called “nine-dash line” claim. That refers to a rough Chinese demarcation on its official maps of its territorial claims that cover virtually the entire South China Sea.

Aside from China and the Philippines, Brunei, Malaysia, Vietnam and Taiwan have overlapping claims across the vast South China Sea, with Beijing saying it has sovereignty over virtually all of the resource-rich waters since ancient times.

China’s separate disputes with the Philippines and Vietnam have worsened recently, especially after it deployed an oil rig early last month in waters also claimed by Hanoi, sparking violent anti-China protests in Vietnam.

There have been fears the territorial conflicts in the region, including a dispute between Japan and China in the East China Sea, could spark Asia’s next armed conflict, although analysts say a major fight is unlikely, given fears that any major instability could shatter bullish economies in the region.

After filing a complaint early last year, the Philippines submitted written arguments and evidence against China’s claims on March 30.

The five-man tribunal asked China to respond, but said the Chinese government sent a notice last month reiterating that “it does not accept the arbitration initiated by the Philippines” and that the notice it sent “shall not be regarded as China’s acceptance of or participation in the proceedings.”

The tribunal suggested it would continue hearing the Philippine complaint even without China’s involvement.

“The arbitral tribunal will determine the further course of the proceedings, including the need for, and scheduling of any other written submissions and hearings, at an appropriate later stage, after seeking the views of the parties,” it said.

The Armed Forces of the Philippines through spokesman Lt. Col. Ramon Zagala said the tribunal’s directing China to comment on Manila’s case is “a step towards a peaceful settlement of the prevailing conflict.”

“While we are hoping that China will finally comply with the ITLOS order, our vigilance will continue to ensure the well-being and safety of our own troops on forward deployment in the region,” another senior military official said.

Sea clash possible

The possibility of another hostile encounter in disputed waters – this time between Philippine and Chinese vessels – is something Defense Secretary Voltaire Gazmin is worried about and is preparing for.

“Anything can happen but we are preparing contingency for this,” Gazmin said in a press conference yesterday when asked of the possibility that Chinese vessels might harass Filipino fishermen.

“Our Coast Guard is accompanying our fishermen up to a certain point so they won’t be harassed,” he added.

Gazmin said the Coast Guard does not allow local fishermen to venture into areas where Chinese ships operate.

“We have to keep them (fishermen) away from danger,” he said.

In January, a Chinese coast guard vessel used water cannon to drive away Filipino fishermen from Panatag (Scarborough) Shoal, an area located 124 nautical miles from the nearest point in Zambales or well within the country’s exclusive economic zone.

Sought for explanation, China said the area is part of its territory.

Earlier, the Philippines and Vietnam issued a joint statement opposing China’s aggressive behavior in the West Philippine Sea and bared plans to form a “strategic partnership.”

Gazmin also said he is optimistic that the implementation of the Enhanced Defense Cooperation Agreement (EDCA) will not be delayed despite court petitions questioning its legality.

“Perhaps it (EDCA) won’t be delayed because the Supreme Court is set to come up with a decision,” the defense chief said. “Right now, it is still in the planning stage.”

The Philippines and the United States signed EDCA last April in a move widely regarded as an attempt to counter China’s aggressive acts in the region.

‘West Phl Sea center’

Meanwhile, a Mindanao congressman is proposing the creation of a West Philippine Sea Center in the DFA that would study, strengthen and defend the country’s claim over disputed islets and shoals.

Cagayan de Oro City Rep. Rufus Rodriguez made the proposal in Bill 4158.

Rodriguez said the West Philippine Sea is considered one of the world’s busiest sea-lanes, and has rich fishing grounds and vast energy reserves.

Several islets, shoals, reefs in the West Philippine Sea including Spratly Islands, Scarborough Shoal and Ayungin Shoal are being claimed by other countries, particularly China.

“These islands are being claimed by the Philippines, China, Vietnam, Brunei, Malaysia and Taiwan, as these islets, reefs and coral outcrops are believed to be rich in oil and gas. These overlapping claims have long been feared as Asia’s next source of tension, which could lead to armed conflict,” he said.

The proposed center, according to Rodriguez, would study the basis of the claims of the Philippines over waters and islands in the West Philippine Sea under UNCLOS.

“Likewise, the center is tasked under the measure to perform other duties and responsibilities that would strengthen our sovereignty and other claims over the area and to perform other functions as may be directed by the President in relation to concerns over the West Philippine Sea,” he said. – With AP, Reuters, Aurea Calica, Alexis Romero, Jess Diaz, Jaime Laude