Marcos powerless over China

China aggression continues in WPS

MANILA – The Philippines has again failed to protect a Filipino vessel transporting supplies to soldiers stationed at the grounded BRP Sierra Madre at the Ayungin Shoal in the South China Sea or West Philippine Sea following a recent attack by the Chinese Coast Guard that injured four passengers and damaged the boat.

The Philippines have filed tens of dozens of diplomatic protests over Chinese aggression inside Filipino territories being claimed by Beijing as theirs. A Chinese Coast Guard vessel blasted the boat with water cannons, but President Ferdinand Marcos Jr. did not invoke the Mutual Defense Treaty between the Philippines and the United States.

The United States (U.S.) Department spokesperson Matthew Miller branded the Chinese harassment as “dangerous and unlawful actions.”

Miller said the U.S. reaffirms its Mutual Defense Treaty with the Philippines following the actions of Chinese vessels in the South China Sea. “The United States reaffirms that Article IV of the 1951 US-Philippines Mutual Defense Treaty extends to armed attacks on Philippine armed forces, public vessels, or aircraft—including those of its Coast Guard—anywhere in the South China Sea,” he said.

Under the Mutual Defense Treaty, the two countries agree that an armed attack in the Pacific area on either the Philippines or the US would be dangerous and that they would act to meet the common dangers in accordance with its constitutional processes.

International maritime law expert, Professor Jay Batongbacal, said that while there are certain conditions needed to be met for any conflict to further escalate, the Philippines is right on its decision to take on a more peaceful and diplomatic avenue to resolve issues within its maritime domain.

“Sa tingin ko, iyon po ‘yung punto noong sinabi nga ng Pangulo na it’s not the right time. Tama naman po ‘no, hindi naman puwede na bawat sugat mo eh tatakbo ka na kay ‘Big Brother’,” Batongbacal said, noting that it is part of the Philippines’ obligation and responsibility to control situations that it may not escalate to any further tensions or even armed conflict.

“Ang atensiyon po nakatuon doon sa article na iyon, Article 4 ‘no, armed attack. Eh mayroon na pong Article 3 ‘no – eh sa Article 3 po malinaw din doon na for any other situation ‘no, iyon pong dalawang partido ay nag-commit na magtutulungan sa pagsagot sa mga challenges sa kanilang security ‘no. So diyan po papasok iyong magiging response dito sa ganitong klaseng situation,” he said.

“Kaya nga po nagtutulungan ang US at Philippines pagdating doon sa operations sa West Philippine Sea – ang minimum po diyan, kita natin information-sharing at saka monitoring, iyong surveillance, malinaw iyan na nangyayari na,” he pointed out.

The defense treaty does not imply immediate call to arms whenever maritime domain conflict happens, he added.

Batongbacal further explained the treaty is already in effect and is not a dormant agreement awaiting to be activated. “Iyong Mutual Defense Treaty, hindi po siya kumbaga inactive and then i-activate ‘no – it is already enforced between the parties,” he said. “Ang problema lang kasi doon, mayroong parang misunderstanding, may misconception na ‘pag sinabi mong ‘triggered the Mutual Defense Treaty,” mag-uumpisa ka ng giyera. Hindi po iyon ‘yung konsepto noon,” he stressed. 

Rhetorical statements

Marcos has again – in his usual rhetorical statements – vowed to defend the country’s territorial integrity and defend its sovereignty in the West Philippine Sea amid reports that the Chinese increased its electronic communication jamming activities against Philippine vessels in the contested area.

Marcos expressed his apprehension over the aggressive maneuvers of Chinese vessels in the WPS, saying Beijing is now deploying its Navy ships to support the Chinese Coast Guard vessels already deployed there.

“Nagbabago ang sitwasyon, but – well, maliwanag naman para sa atin, we don't really— we just watch, of course, what everybody is doing, but really for us, patuloy pa rin natin, we just defend our maritime territory,” he said.

“We continue to support all of our fishermen, fisherfolks who make their living from these fishing grounds at patuloy naman nating tutulungan sila. At despite whatever else happens, bina-block tayo, kung ano, may shadow, eh patuloy pa rin ang ating gagawin dahil ‘yan naman ang trabaho natin, trabaho natin tulungan natin ‘yung mga fishers na matagal na, ilang henerasyon na doon nangingisda,” he added.

Marcos’ statement came after Philippine Navy spokesperson for WPS, Commodore Roy Vincent Trinidad revealed the increase in cyber interference, electronic interference and signal jamming “not only for equipment of the ship but also for land-based communication equipment” of the Philippine Navy.

Marcos stressed the Philippine government will not change its tune on the WPS issue. “So, that’s essentially the issue there. So, that’s the basic principle there, is that the fishers must be allowed to fish in their traditional fishing grounds, which belong in the maritime territory of the Philippines,” he said.

He said the Philippines will continue to upgrade the capabilities of the Philippine Coast Guard and pursue the modernization of the Armed Forces of the Philippines.

“In this regard, we are upgrading the capabilities of our Coast Guard and pursuing the modernization of our Armed Forces and earlier this year, I approved the updated acquisition plan of the Armed Forces of the Philippines called Re-Horizon 3, in line with our Comprehensive Archipelagic Defense Concept,” Marcos stressed.

Patience

Marcos said the Philippines will be compelled to push back its partnership with China when the principle of the two countries is questioned or ignored amid tensions in the South China Sea. In his recent speech at the Lowy Institute Peace and Resilient Amidst Great Power Rivalries: The Philippine Perspective in Melbourne, Australia, Marcos emphasized that centuries of friendship and kinship bind the Filipino and Chinese people.

“We pursue with the People’s Republic of China Comprehensive Strategic Cooperation founded on mutual respect and mutual benefit,” Marcos said, referring to the bilateral ties between the Philippines and China. But he stressed that he will “push back ties” if the country’s sworn principles are questioned or ignored.

“Our independent foreign policy compels us to cooperate with them on matters where our interests align, to respectfully disagree on areas where our view differ, and to push back when our sworn principles, such as our sovereignty, sovereign rights, and our jurisdiction in the West Philippine Sea – are questioned or ignored,” he added.

Marcos reiterated that the interest of the Philippines in the context of the South China Sea issue will remain. He emphasized that the Chinese government continues to ignore the universal and unified character of the 1982 UNCLOS and in the final and binding determinations of the South China Sea Arbitration Award of 2016.

“It is unfortunate that despite the clarity provided by international law, provocative, unilateral, and illegal actions continue to infringe upon our sovereignty, our sovereign rights, our jurisdictions,” he said.

Marcos said that “this pattern of aggression” by China obstructs the path towards ASEAN’s vision of the South China Sea as a sea of peace, stability, and of prosperity. “As a country committed to the cause of peace and the peaceful settlement of disputes, the Philippines continues to tread the path of dialogue and diplomacy despite these serious difficulties,” he said.

He emphasized that the Philippines’s adherence to the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea remains steadfast, and the country’s commitment to working with ASEAN and China towards an effective and substantive Code of Conduct “that finds its moorings in UNCLOS and respects the interest of all stakeholders, including Australia.”

UNCLOS or the United Nations Convention on the Law of the Sea, also called the Law of the Sea Convention or the Law of the Sea Treaty, is an international agreement that establishes a legal framework for all marine and maritime activities. (Mindanao Examiner)