Euro parliament backs Phl move for peaceful resolution of sea row

BRUSSELS – The European parliament continues to back the Philippine stand for a peaceful and rules-based method of solving maritime disputes, including the decision to seek international arbitration in accordance with the United Nations Convention on the Law of the Sea (UNCLOS).

Foreign Affairs Secretary Albert del Rosario met here on Wednesday with Members of the European Parliament (MEPs), as part of his three-day visit to Belgium and Luxembourg.

The European Commission (EC) told del Rosario during a meeting at the European Union headquarters here on Monday that the Philippines and the EU are “like minded” because of the reforms that the Aquino administration had undertaken.

Del Rosario briefed them on the arbitration process that the Philippines had resorted to for a legal and durable solution to the dispute with China on the South China Sea.

Del Rosario expressed appreciation to the EU for the support for peaceful settlement and resolution on the dispute in the West Philippine Sea (South China Sea).

The stance reiterated the European Parliament resolution in March supporting the peaceful resolution of disputes and arbitration as being in accordance with international law.

Foreign Affairs Committee chairman Elmar Brok welcomed Del Rosario at the European Parliament, along with Delegation for Relations of Southeast Asia and ASEAN chairman Werner Langen and Philippine-European Union Partnership and Cooperation Agreement (PCA) rapporteur Norica Nicolai.

On March 14, the European Parliament adopted a resolution approving a report, including support for the Philippines’ arbitration initiative under the UNCLOS to clarify its maritime entitlements in the South China Sea.

The report of the Parliament’s Committee on Foreign Affairs on European Union-China relations also called on China to  commit  itself to observing the UN Charter and international law in pursuit of its goals abroad.

The European Parliament, along with the European Council, is in charge of the general political direction and priorities of the EU. 

MEPs Nicolai and Langen conducted working visits to the Philippines in October 2012 and February 2013.

Del Rosario underscored the arbitral proceedings that the Philippines had initiated to challenge China’s excessive claims during a forum, “Managing the South China Sea and Other Regional Security Issues” and Experts’ Roundtable on Regional Approaches to Maritime Security in the West Philippine Sea/South China Sea at the Brussels Press Club on Tuesday.

He said the arbitration process is not in conflict with the crafting of the COC because arbitration is one of the dispute settlement mechanisms, a component of international law under the UNCLOS.

“The ASEAN as a group is fully behind our strategy in terms of peaceful resolution in accordance with international law,” he said. Present at the forum were ambassadors and diplomats from foreign embassies here, EU officials, media and members of academe.

Del Rosario stressed that the Philippines undertook many efforts to peacefully engage China and settle these disputes, but that these were unsuccessful.

“The Philippines had exhausted almost all political and diplomatic avenues for a peaceful negotiated settlement of its maritime dispute with China,” he said.

“The last resort when confronted with increasing incursions into its territory was to utilize the legal track which also covered the management of disputes.”

Del Rosario said the rules-based resolution and management of disputes in the South China Sea contains two elements: the third-party arbitration of maritime claims, in accordance with the universally recognized principles of international law, specifically UNCLOS; and the early conclusion of a COC on the South China Sea between ASEAN and China.

“It is unfortunate that despite several invitations, China declined to join us in this peaceful endeavor,” he said.

Del Rosario said China’s position to settle the dispute on a bilateral basis is not correct because there are at least four other ASEAN claimants to the various areas of the South China Sea that are in dispute.

“We believe that a multilateral approach is the way to do this,” he said.

“What is our roadmap if we follow the legal approach is we are for seeking arbitration after having failed in terms of our approaches in the political track as well as the diplomatic track. We see the legal track as the final resort and we see that arbitration is the best dispute settlement mechanism in our view.

“We believe that this must be done in combination while we seek an award and wait for this award to come down. On the arbitration front we believe the COC should be concluded in the most expeditious possible time.”

ASEAN and China agreed at the ASEAN Ministerial Meeting in Brunei last month to start formal consultations on the COC for dispute management on the South China Sea during the ASEAN-China Senior Officials Meeting scheduled this September in China.

China’s claim of indisputable sovereignty over the entire South China Sea is the core issue of the dispute and its excessive claim is in violation of international law.

European Council President Herman Van Rompuy acknowledged the Philippines’ decision to resolve territorial maritime issues peacefully and within the framework of international law was the right path to take.

The EU is the fourth biggest aid donor to the Philippines. 

It was one of the first to send sympathies and assistance worth P160 million after Typhoon Pablo. The EU leads the rehabilitation and development component of the Mindanao Peace Process International Monitoring Team and supports the Philippines’ call for a peaceful resolution of the West Philippine Sea issue.