MANILA, Philippines — President Benigno Aquino III himself said China violated the Declaration on the Conduct of Parties in the South China Sea (DOC) when it reclaimed land on a disputed reef.
Speaking to reporters in Bicol, Aquino pointed out that under the fifth provision of the DOC, China and members of the Association of Southeast Asian Nations (ASEAN) should exercise "self-restraint" in the conduct of activities that would complicate or escalate disputes and affect peace and stability."
The President, reading the provision, said China and ASEAN countries should refrain from "action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner."
"So meron ditong provision parang pinag-uusapan nga na hindi kayo mag-iintroduce ng mga bagong facilities. Walang changes until matapos nga yung territorial disputes," Aquino said.
"Sa aking pananaw, 'yung ginawa sa Mischief Reef noong araw, 'yung ginagawa ngayon, lahat ng ito ay parang seemingly violation nung pinagkasunduan na Declaration on Conduct," the President added.
Aquino said the DOC was created in 2002 when ASEAN countries and China failed to come up with a Code of Conduct that will manage the territorial disputes and govern nations' behavior in the South China Sea.
Signatories of the DOC include then Foreign Affairs Sec. Blas Ople, Chinese Vice Minister of Foreign Affairs Wang Yi and other officials from the ASEAN member states.
But even if China violated the DOC, Aquino said the agreed declaration is "not binding and enforceable" since the Code of Conduct is still needed.
Last week, the Department of Foreign Affairs (DFA) announced the Philippines had protested China's reclamation of land in the disputed Mabini Reef which can be used to build an airstrip or an offshore military base.
DFA Sec. Charles Jose turning the reef into an island in effect shrinks the Philippines' territorial claim. Under the U.N. Convention on the Law of the Sea, the maritime entitlement for a rock is 12 nautical miles while it is 200 nautical miles for an island.
The Philippines said the change jeopardizes Manila's international arbitration case, which primarily seeks clarification on maritime jurisdiction and entitlements.
"If you will change the character or nature of that feature, from a rock to an island, of course, the maritime entitlement will become different, it will be bigger," Jose said. - with Oliver Teves, the Associated Press