Category: Foreign Affairs

PH wins: Arbitral court invalidates China’s 9-dash line

Published by Ellen on July 12, 2016

China's 9-dash line map — China’s 9-dash line map

The Permanent Court of Arbitration ruled today that China’s all-encompassing nine-dash line is not valid.

(To read the 501-page Award, please click to this site: https://pca-cpa.org/wp-content/uploads/sites/175/2016/07/PH-CN-20160712-Award.pdf)

“The Tribunal found that China’s claim to historic rights to resources was incompatible with the detailed allocation of rights and maritime zones in the Convention and concluded that, to the extent China had historic rights to resources in the waters of the South China Sea, such rights were extinguished by the entry into force of the Convention to the extent they were incompatible with the Convention’s system of maritime zones,” the decision said.

The Tribunal concluded that there was no legal basis for China to claim historic rights to resources, in excess of the rights provided for by the Convention, within the sea areas falling within the ‘nine-dash line

The pitfalls of joint development of Spratlys with China

Published by Ellen on July 10, 2016

It’s best that Foreign Secretary Perfecto Yasay Jr. study carefully the intricacies of joint exploration with China so he can advise President Rodrigo Duterte to go slow about it.

Yasay, in his clarification about what he said in an interview with Agence France Presse last week, said, ““As the ruling will not address sovereignty and delimitation, it is possible that some time in the future, claimant countries might consider entering into arrangements such as joint exploration and utilization of resources in disputed areas that do not prejudice the parties’ claims and delimitation of boundaries in accordance with Unclos (United Nations Convention on the Law of the Sea).”

Even if the Philippines gets a favorable ruling Tuesday on the issues they raised against China before the Permanent Court of Arbitration, there would still be a lot of complications about joint development of the disputed areas in the South China Sea.

The number one problem is China’s concept of “setting aside dispute and pursuing joint development.”

One of the resource materials on the issue in the website of the China’s Foreign Ministry, says “The concept of setting aside dispute and pursuing joint development has the following four elements: 1. The sovereignty of the territories concerned belongs to China. 2. When conditions are not ripe to bring about a thorough solution to territorial dispute, discussion on the issue of sovereignty may be postponed so that the dispute is set aside. To set aside dispute does not mean giving up sovereignty. It is just to leave the dispute aside for the time being. 3. The territories under dispute may be developed in a joint way. 4. The purpose of joint development is to enhance mutual understanding through cooperation and create conditions for the eventual resolution of territorial ownership.”

Unsolicited advice to Robredo: Lead opposition

Published by Ellen on July 5, 2016

Update: Robredo is Housing Secretary. http://newsinfo.inquirer.net/794933/hello-maam-leni-duterte-offers-robredo-housing-post-via-phone-call

Gil Ramos, who monitors what’s going on in the Philippines, especially political happenings from the United States where he is based, wrote me his view that it is better that Vice President Leni Robredo is not part of the Duterte cabinet.

Vice President Leni Robredo pays a courtesy call on President Duterte. Photo by King Rodriguez, Malacañang Photo Bureau.

I share his view. A democracy can only be vibrant if there’s a strong opposition.

In fact, I cannot understand, the fuss by the Mar Roxas- Leni Robredo supporters about the VP not being appointed to a cabinet position. The President is not obliged to give Robredo a cabinet post and he has already explained why — he is concerned about the feelings of Ferdinand Marcos, Jr, the closest opponent of Robredo. There are other reasons like the friendship of his father to late president, Ferdinand Marcos, as well as the support of the Marcoses to him last election.

Duterte is planning to give Marcos a cabinet position after the one-year ban on candidates who lost in the last May elections and it would indeed be awkward for Robredo and Marcos to be working together under Duterte.

No Hitler-calling vs China; no jetskiing to the Spratlys

Published by Ellen on July 3, 2016

President Duterte greets Chinese ambassador Zhao Jianhua in a reception of the Diplomatic Corps during the inaugural ceremony on June 30,2016

Change has come.

The sober position that the Duterte administration is taking in connection with the impending decision of the United Nations Arbitral Court on the case filed by the Philippines against China is a reversal of the “Shame China” strategy that the Aquino administration undertook.

It is also a departure from cinematic solution that then candidate Rodrigo Duterte regaled his supporters with during campaign rallies:
“I will ask the Navy to bring me to the nearest point in South China Sea that is tolerable to them and I will ride a jet ski. I’ll carry a flag and when I reach Spratlys, I will erect the Filipino flag. I will tell them, suntukan o barilan.”

Now carrying the mantle of the presidency, Duterte was a voice of moderation during the cabinet discussion aired live on TV on how they would handle the July 12 U.N. Court decision.

Ways to make China comply if U.N. ruling on SCS favors PH

Published by Ellen on June 23, 2016

Senior Associate Justice Antonio T. Carpio at PPI June 23, 2016

The Philippines is not exactly helpless if the United Nations Arbitral Court decides in our favor in the case we filed against China and China ignores it.

The Hague-based U.N. Artbitral Court is expected to decide on the case on July 7.

In Jan. 2013, the Philippine asked the U.N. court to

1. declare as illegal China’s all encompassing nine-dash line map;

2. declare as part of Philippine 350 nautical mile continental shelf low tide elevations (rocks or shoals that are seen only during low tide) where China has built permanent structures;

3. declare that the waters outside the 12 nautical miles surrounding the Panatag Island (Scarborough shoal) should be declared as part of the Philippines 200 natutical mile Exclusive Economic Zone.

De Ocampo, Lhuillier aspire for London post

Published by Ellen on June 21, 2016

Ambassador Evan P. Garcia presents his credentials to Mr Julian Evans, Vice-Marshal of the Diplomatic Corps and Director for Protocol at the Foreign & Commonwealth Office

London is one of the most coveted posts in foreign service, including for Philippine diplomats.

The Philippine is currently represented there by Evan Ralph Garcia, who assumed the post last May.

A career diplomat who had served in embassies in Washington D.C, Tokyo, and as Philippine Permanent Representative to the United Nations in Geneva, Garcia was undersecretary for Policy before he was sent to the United Kingdom.

For career officers like Garcia, their foreign assignments last six years, then they return to the home office for three years’ service before they are sent out again. The six years can be in one foreign post or they can be assigned in two posts. A term of three years in a foreign post gives the ambassador time to learn about the host country and establish a network to strengthen relations with the Philippines. Of course, this is just the usual practice and can be changed by the powers- that- be. But less than three years in one post for an ambassador is a waste of money.

Salvador Panelo, who was spokesman of president-elect Rodrigo Duterte for a month, was said to desire to be ambassador to the Court of St. James. He has a new position now: presidential legal adviser.

PNoy, Del Rosario responsible for PH losing control of Scarborough shoal

Published by Ellen on May 19, 2016

Presumptive President-elect Rodrigo Duterte said early this week he wants to know why the Philippines lost Scarborough Shoal.

When he said this, he was apparently under the impression that Senator Antonio Trillanes IV, who exposed his BPI bank deposits amounting to no less than P200 million despite before the May 9 elections, was responsible for the Philippines losing control over the coral reef formation 124 nautical miles off Zambales.

By all means, Duterte should order a probe.

The term “lost Scarborough shoal” is debatable. Security officials deny that. Foreign affairs officials will not say that because that would be detrimental to the claim of the Philippines on the shoal which is included in the case filed by the Philippines against China before the Arbitral Court.

The reality, however, is that Filipino fishermen are denied access to the area around the shoal by three Chinese ships stationed there since June 2012.

How that situation came to be started on April 10, 2012 when BRP Gregorio del Pilar arrested eight Chinese boats with sizable quantities of endangered marine species, corals, live sharks and giant clams.

Chinese fishermen caught in Philippine waters is not an unusual happening – be it in Scarborough shoal in the northwestern side of the country or in the Spratlys, in the southwestern part of the country. When that happens, the fishermen are charged in court and the Chinese Embassy works for their release. The case is usually handled in the provincial and regional level.

The use of BRP Gregorio del Pilar, a warship, to arrest Chinese fishing vessels changed the atmosphere in the maritime row.

China hopeful of better relations with Duterte government

Published by Ellen on May 12, 2016

By ELLEN TORDESILLAS, VERA Files

CHINA is hopeful that relations with the Philippines will be better under the government of Rodrigo Duterte, who will succeed President Benigno Aquino III on July 1.

In a regular press conference in Beijing Wednesday, Foreign Ministry Spokesperson Lu Kang was asked about statements by Duterte that he is willing to talk with China and go into joint exploration in disputed areas in the South China Sea.

PH authorities knew of Subi Reef lighthouse construction 5 years ago

Published by Ellen on April 7, 2016

Lighthouse on Subi Reef in South China Sea is not in use. Photo by Xing Guangli. Xinhua

China has started the operations of a lighthouse in Subi Reef, The Chinese news agency Xinhua reported Tuesday.

Xinhua said the 55-meter high lighthouse contains technology to monitor passing ships.

The Philippines should be very concerned.

Aquino appoints Almendras foreign secretary

Published by Ellen on March 8, 2016

Rene Almendras at the World Economic Forum

With only three months left of his term, President Aquino appointed his cabinet secretary Jose Rene D. Almendras, 56, as foreign secretary.

Press Secretary Herminio Coloma announced tonight that “President Aquino has appointed Jose Rene Almendras as ad interim Secretary of Foreign Affairs, according to Executive Secretary Paquito Ochoa Jr. He replaces Secretary Albert del Rosario whose resignation took effect today.”

An ad interim appointment, made while Congress is in recess, allows the appointee to perform the functions and powers of the position until rejected by the Commission on Appointments.

A classmate of Aquino, Almendras first joined the Aquino cabinet in 2010 as energy secretary. He was later brought to Malacañang amid reports of gross inefficiency in Malacanang and the rivalry between the Mar Roxas allies (known as Balay group) and the Samar group,those who went for the Aquino-Binay in the 2010 elections.