AUSTRALIA ON SPRATLYS: RESPECT LAW OF THE SEA
[PHOTO - Respect UNCLOS: Australia said those involved in the territorial dispute — Brunei, China, Malaysia, Philippines, and Taiwan — should adhere to the United Nations Convention on the Law of the Sea (UNCLOS), which codifies the international law of the sea. Officials of the Philippines and Australia also engaged in extensive and detailed discussions on strategic issues such as maritime security at the West Philippine Sea. Australia's expression of support came less than a week after Washington expressed its support to Manila over the same issue. COURTESY OF GMANEWS TV]
MANILA, JUNE 18, 2011 (STAR) By Pia Lee-Brago - Australia shares the position of the Philippines that international law, particularly the United Nations Convention on the Law of the Sea (UNCLOS), should be the basis for settling territorial disputes in the West Philippine Sea and South China Sea.
The Philippines, meanwhile, called on member-states of the Association of Southeast Asian Nations (ASEAN) to take a common stand on developments in the West Philippine Sea.
Australia voiced its position through its top ministers in a joint statement with Philippine officials at the 3rd Philippines-Australia Ministerial Meeting in Canberra last Thursday.
Australian Foreign Affairs Minister Kevin Rudd and Trade Minister Craig Emerson met with their Philippine counterparts Foreign Affairs Secretary Albert del Rosario and Trade Secretary Gregory Domingo.
"The Ministers and Secretaries agreed on the value of rules-based cooperative approaches, based on respect for international law, particularly UNCLOS," the joint statement read. "The Ministers and Secretaries agreed on the importance of sustaining bilateral dialogue on strategic and regional issues of mutual interest, and agreed to establish a strategic dialogue at senior officials' level to take this forward," it said.
The officials have committed to deepen the partnership between Australia and the Philippines, particularly on global issues of mutual interest. The previous Philippines-Australia Ministerial Meeting was held in Manila in 2008.
The Australian ministers also welcomed the presentation by the Philippines of its Zone of Peace, Freedom, Friendship and Cooperation (ZoPFF/C) initiative.
President Aquino has said that ZoPFF/C would help ensure that "what is ours is ours, and with what is disputed, we can work towards joint cooperation."
"The Secretaries and Ministers welcomed our important cooperation on maritime security and agreed to explore options for expanding this work in the context of the Philippine Government's formal establishment of National Coast Watch System. They also welcomed our ongoing practical cooperation in border security, transport and law enforcement," the statement said.
The secretaries and ministers noted the Philippines' and Australia's "history of continuing positive engagement in regional and multilateral fora, including the ASEAN Regional Forum, the East Asia Summit (EAS), ASEAN Defense Ministers' Meeting Plus, Asia-Pacific Economic Cooperation (APEC) and the United Nations."
The two countries also agreed on the "central importance of ASEAN, working in partnership with other EAS countries, in encouraging discussions on political, economic and security issues in the region and ensuring that EAS members commit to priority areas of cooperation."
Common stand
Del Rosario met yesterday afternoon with the nine ambassadors and charges d'affaires of ASEAN member-states based in Manila and briefed them on Philippine perspectives on recent developments in the West Philippine Sea.
Present during the meeting were Brunei Ambassador Malai Halimah Yussof, Cambodian Ambassador Hos Sereythonh, Indonesian Charge d' Affaires Sritomo Wirodihardjo, Lao Ambassador Malayvieng Sakonhninhom, Malaysian Charge d' Affaires Zakaria Nasir, Myanmar Ambassador U Aung Khin Soe, Singaporean Ambassador A. Selverajah, Thai Ambassador Prasas Prasasvinitchai, and Vietnamese Ambassador Nguyen Vu Tu.
"As members of the ASEAN which is building the ASEAN Community, one should be able to share issues with one another and share practical solutions. In the case of the West Philippine Sea, we have proposed a rules-based regime in the area, and that claims should be based on and validated by international law," Del Rosario said.
"For instance, Philippine ownership and sovereignty over the Recto (Reed) Bank is backed by international law. Recto Bank is within the Philippine continental shelf and some 80 nautical miles from Palawan," Del Rosario said.
"The increasing presence and incursions of a third party's vessels into Philippine territory are 'worrisome' and there is a need to address the issue," he stated, apparently referring to China.
The Vietnamese ambassador said his country welcomed the call for greater consultation among concerned ASEAN members regarding maritime disputes.
China peeved
China condemned yesterday the release of "untrue and irresponsible remarks" by some countries including the Philippines, aimed reportedly at undermining its sovereignty.
"Recently, some countries took unilateral actions which impaired China's sovereignty as well as maritime rights and interests and released untrue and irresponsible remarks with the attempt to expand and complicate disputes over the South China Sea. This is where the root-cause lies," Chinese Foreign Ministry spokesman Hong Lei said.
Hong was reacting to reports of US Sen. Jim Webb's condemnation of China's bullying.
"China is trying to safeguard its own justified rights and interests instead of infringing other countries' rights and interests. Justice lies in people's hearts," Hong said.
He reiterated China's position that a non-claimant country like the US should not get involved in the issue.
"This is also the consensus reached in the DOC (declaration of conduct) by relevant countries of the region. We hope non-parties respect the directly-concerned parties' efforts to resolve disputes through direct negotiation," Hong said.
He also rejected the Philippines renaming of the South China Sea as "West Philippine Sea."
"South China Sea is a name well recognized by the international community," he said.
Hong said Chinese vessels' patrolling and doing scientific research and survey were completely justified and lawful. He said the Philippines' claims of intrusions were groundless.
"These actions of Chinese vessels hamper the normal and legitimate fishing activities of the Filipino fishermen in the area and undermines the peace and stability of the region," the DFA said in response.
Beijing meeting
Speaker Feliciano Belmonte Jr. will lead a congressional delegation to Beijing next week to meet with his counterparts amid tensions between the Philippines and China.
Belmonte confirmed the trip but clarified the visit was set last year after a series of visits of Chinese leaders of parliament to the House of Representatives.
"The trip was set a long time ago and was postponed quite a few times and it was set next week," the Speaker said in a telephone interview.
Asked whether the renewed tensions between the Philippines and China over competing claims over the Spratly Islands in the West Philippine Sea would be taken up, he said: "We will present our country's viewpoint in our exchanges."
He said his delegation would include members of the opposition bloc in the House of Representatives.
Albay Rep. Al Francis Bichara, chairman of the House committee on foreign affairs, said the chamber was willing to help resolve the matter but the recent tensions must be tackled first by the executive branch.
Bayan Muna party-list Rep. Teodoro Casiño called on the leaders of the House to play a more active role in settling the escalating tension between the two countries.
"The House Foreign Affairs Committee can, motu proprio, invite the Chinese ambassador and other embassy officials to state their current intensions in the Spratlys and urge them to settle the dispute within the framework of the 2002 Declaration on the Conduct of Parties in the South China Sea to which China and Vietnam are signatories," Casiño said.
"We should try out all possible avenues to peacefully resolve the dispute. Congress is definitely one institution that the Chinese cannot ignore. We have good relations and even make representations with our counterparts in the Chinese parliament," Casiño said.
"Congress should not sit idle and allow an escalation of the conflict which is even now being used to justify preposterous ideas like going to war or bringing in the Americans to fight our battles," he said.
Casiño also revealed that a possible reason for China's increasing incursions in the Spratlys is the rich oil deposits discovered under the JMSU from 2005 to 2008.
"Through the JMSU, China as well as Vietnam learned of the enormous reserves of natural gas in the area, a field of which has about 3.4 trillion cubic feet of natural gas that supply the Philippines for 20 years. They might be positioning themselves in the hope of securing the area clearly under Philippine territory," he said.
"We have received reports that this escalation of activities may be China's way of pushing for a Joint Venture Agreement (JVA) in the JMSU area, which is subject to many legal and constitutional challenges," Casiño said.
Parañaque Rep. Roilo Golez said he is against a joint exploration in the West Philippine Sea.
Golez, a former national security adviser, was referring to the proposal of former Speaker Jose de Venecia Jr. for the revival of the JMSU.
"I am against the revival of the Tripartite Joint Marine Seismic Undertaking because it is disadvantageous to the Philippines," Golez said. "Most of the JMSU area – more than 75 percent – is located within our exclusive economic zone (EEZ)," he added.
One voice
Sen. Aquilino Pimentel Jr., for his part, said the Aquino administration should speak with one voice on the contentious Spratly Islands issue.
"There should be only one government agency that should speak on the Spratlys issue. That's the Department of Foreign Affairs acting on behalf of the administration," Pimentel said in a statement.
"While the Armed Forces of the Philippines is expected to put up a brave front and can say that it would do everything within its capability to defend Philippine territory from any form of foreign aggression, it should refrain from making any provocative statements that could antagonize any of the claimants, including China," Pimentel said.
"We have generally warm relations with the other claimant-countries, particularly China. Let's not unnecessarily antagonize them," Pimentel said.
"It doesn't help our claim over the contested islets if statements coming from the AFP or any other government entity would only stir up heated rhetoric instead of calm reason," Pimentel pointed out.
"We should leave it to the DFA to explain to media and to the international community our official stand on this issue," Pimentel added. Meanwhile, labor officials said the current spat with China is unlikely to affect the hiring of Filipinos abroad. "I don't think it would be affected much since we only deploy a very limited number of workers to China," Labor Undersecretary Danilo Cruz said. With Paolo Romero, Christina Mendez, Mayen Jaymalin
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