No joint exploration with China, for now

MANILA, Philippines - With reports of intrusions into Philippine waters by Chinese vessels, a joint exploration with China in the West Philippine Sea is out of the question - at least for now, according to Malacañang.

“I think it’s premature to talk about that right now. We haven’t even clarified with all countries what our territory is and what is considered disputed. We still need to fix a lot of things,” Presidential Communications Development and Strategic Planning Office Secretary Ricky Carandang said.

“We have to talk to other countries in ASEAN (Association of Southeast Asian Nations) so it’s not the right time to talk about that right now,” he said.

“Ultimately, what we want to see is a way that the resources in the disputed areas can be jointly explored and jointly exploited by the different claimants. But it’s far ahead into the future – we need to clarify first to all countries our position on Recto (Reed) Bank, Spratlys,” Carandang said.

The joint marine seismic undertaking (JMSU) entered into by the Arroyo administration with China came into focus following incursions by Chinese vessels and aircraft in the West Philippine Sea.

Critics said the signing of the JMSU by former President and now Pampanga congresswoman Gloria Macapagal-Arroyo was tantamount to treason and a sellout of Philippine territory.

On Wednesday, former House speaker Jose de Venecia Jr. also proposed the demilitarization of the West Philippine Sea and for the Philippines and China as well as other claimant countries to work out a joint exploration arrangement.

But Carandang said claimant countries have not yet even finalized a code of conduct on the West Philippine Sea.

“So there are many steps that have to be taken at this point before we could seriously discuss the proposal of the former speaker,” Carandang said in a press briefing.

Carandang said the Philippines has been explaining to ASEAN member-countries its position on the West Philippine Sea.

“They have pledged their support but we still need to bring everybody together on ultimately some kind of ground rules: how will we address these issues in a way that is acceptable to all parties. So we have been actually, over the last several months, engaging our ASEAN partners in trying to come up with a common position on the issues in the South China Sea,” he said.

Carandang said the Department of Foreign Affairs (DFA) is preparing to bring up China’s incursions to the United Nations, but added, “I don’t know the exact schedule of when the DFA plans to do that but I think it’s being readied already and it shouldn’t take too long before that is submitted to the United Nations.” Carandang said.

“ASEAN does not require submission of a formal report. Many of our ASEAN member-countries, our friends in ASEAN, are aware of the different things that were happening just like we are aware of the different things that are happening with China and Vietnam; Vietnam is aware of the incidents that are happening between China and the Philippines and this is being communicated to our ASEAN neighbors. So there may not be a need to submit the same kind of report to the ASEAN but we will submit to the United Nations,” Carandang said.

Earlier, Energy Secretary Jose Rene Almendras announced that the Aquino administration would no longer pursue any JMSU in the West Philippine Sea but did not give details.

In 2008, the Arroyo administration caved in to criticism and canceled Phase 2 of the JMSU entered into by the Philippines with China and Vietnam in 2004.

Critics led by UP professor and lawyer Harry Roque Jr. said the Arroyo administration should have first strengthened its position in the West Philippine Sea issue before entertaining the idea of a joint exploration with China.

The areas being eyed for joint exploration under JMSU have turned out to be within the Philippines’ 200-nautical mile exclusive economic zone under the UN Convention on the Law of the Sea.

Critics also said the JMSU was illegal because it violated the constitutional provision against exploration and exploitation of natural resources by foreigners.

Lawmakers also said the Arroyo administration failed to have the JMSU ratified by the Senate in violation of the Constitution, which requires Senate imprimatur for treaties.

At the time of the signing of JMSU, critics said the country did not yet have a baselines law that would define its exclusive economic zone.

Back to baseline law

Arroyo was silent on the JMSU but advised officials to seek direction from the Archipelagic Baselines Law, which was also signed during her presidency. She also accused the administration of engaging in too much “talk and rhetoric” in tackling the issue.

She said Republic Act 9522 or the Archipelagic Baselines Law “is a vital step in establishing the limits of our maritime jurisdiction.”

“But a lot of work has still to be done and to accomplish this we need to consult with those who are knowledgeable on this matter. Talk and rhetoric won’t help,” Arroyo said.

Parañaque Rep. Roilo Golez, for his part, said the country should “always keep (its) guard up in spite of the conciliatory tone of the latest China statement on the Spratlys.”

“In the 1995 Mischief Reef conflict, Chinese authorities lulled us with reassuring words that they built temporary structures only for their fishermen. Three, four years after, in 1998-99, we woke up to discover full-blown concrete military structures and facilities,” Golez, a former national security adviser, said.

He said in its recent statements, the Chinese government “issued warnings, combined with physical harassment that they own the seas all the way to the Recto (Reed) Bank and they followed with a friendly, conciliatory message that they wouldn’t use force.”

“If we allow them to lull us again, we might wake up one morning witnessing a flotilla of PLA-N (People’s Liberation Army-Navy) frigates and DDGs (guided missile destroyers) patrolling the Recto Bank within stone’s throw from Palawan’s west shoreline,” Golez said.

He said ordinary Filipinos should help by engaging in “public diplomacy” to support state diplomacy.

“The Filipino public should get into the game using ‘a million needles’ to prick China and rouse the world about China’s bully tactics,” he said.

He said public diplomacy or the “million needles effort” can be carried out in various international fora like ASEAN, UN, UNESCO, the International Monetary Fund, and even in social networking sites like Facebook or YouTube.

US should stay away

Former President Joseph Estrada, meanwhile, said the US should not get involved in the issue.

“I believe that this is an issue that the Philippines as a sovereign republic should settle on its own, without American intervention. While the United States has historically been an ally, we must not fail to recognize and respect China as our neighbor and fellow Asian nation, and resolve this issue as peaceful Asian neighbors,” Estrada said. “Otherwise we risk having China regard the Philippines not as an independent country but as a partner of the United States, with all the implications of such arrangement,” Estrada said.

Meanwhile, Cagayan de Oro City Rep. Rufus Rodriguez and his brother Maximo, who represents the party-list group Abante Mindanao, filed Resolution 1249 seeking a House probe on the proliferation of structures in the Spratlys.

“From one islet it began occupying in 1984, Malaysia now has troops on five islets, including Swallow Reef, where there is now a 1,200-meter runway, which can reportedly accommodate heavy civilian and military planes, as well as a naval station,” an explanatory note in the resolution read.

“Chinese military developments were also monitored in Cuarteron Reef, while Fiery Cross Reef is serving as communications and oceanographic research center,” they added. With Paolo Romero, Jose Rodel Clapano, Jess Diaz, Perseus Echeminada, Alexis Romero