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Category: Foreign Affairs

PH files Memorial in UN case vs China

Foreign Secretary Albert del Rosario and Solicitor General Francis Jardeleza.
Foreign Secretary Albert del Rosario and Solicitor General Francis Jardeleza.

By Ellen Tordesillas, VERA Files

The Philippines submitted its Memorial before the Arbitral Tribunal of the United Nations Convention on the Law of the Sea in The Hague, Netherlands in the suit it filed to nullify China’s 9-dash line map, Foreign Secretary Albert del Rosario said today.

China’s reaction: http://www.fmprc.gov.cn/eng/xwfw/s2510/t1142356.shtml

Del Rosario said the 4,000 page Memorial consisting of 10 volumes “demonstrates that the Arbitral Tribunal has jurisdiction “over the case and that every claim in the Statement of Claim filed on Jan. 22, 2013 “is meritorious.”

China’s 9-dash line map covers almost the whole of South China Sea and encroaches on several parts of Philippine territory.

PH ignores China request to delay filing of Memorial vs 9-dash line

China's 9-dask line
China’s 9-dash line

By Ellen T. Tordesillas, VERA Files

Despite Chinese requests to delay it, the Philippines is filing on March 30 its memorandum challenging before the United Nations China’s territorial claims over the South China Sea.

The memorandum, called a Memorial in international law, will be filed with the Arbitral Tribunal of the United Nations Convention on the Law of the Sea (UNCLOS) at The Hague in the Netherlands, contesting China’s 9-dash line territorial rule.

Under the 9-dash line rule, China claims almost the whole of the South China Sea as part of its territory, but the Philippines and three other Southeast Asian nations are staking various claims to parts of the area.

Sources said the Chinese government had asked President Aquino through back channels to wait a little longer before filing the Memorial.

BRP Sierra Madre in Ayungin shoal:Test for MDT

BRP Sierra Madre in Ayungin Shoal. Photo from New York Times.
BRP Sierra Madre in Ayungin Shoal. Photo from New York Times.

The rising tension at the Ayungin shoal, just 21 nautical miles from Mischief Reef where China has built fortifications, could be a test on the usefulness of the 1951 PH-US Mutual Defense Treaty

In its statement issued last Friday, the Department of Foreign Affairs said: “The BRP Sierra Madre, a commissioned Philippine Naval Vessel, was placed in Ayungin Shoal in 1999 to serve as a permanent Philippine installation in response to China’s illegal occupation of Mischief Reef in 1995. This was prior to the signing of the Declaration of Conduct of Parties in the South China Sea in 2002. The Philippines reiterates that Ayungin Shoal is part of its continental shelf over which the Philippines has sovereign rights and jurisdiction.”

This is the first time that the Philippine government admitted that the 100 meter-long Sierra Madre, a World War II vintage LST that had served the United States as USS Harnett County during the Vietnam War and acquired by the Philippines in 1976, was deliberately grounded in Ayungin Shoal, 105.77 nautical miles from Palawan. Before, Philippine authorities played coy about the grounding of Sierra Madre in Ayungin shoal, which the Chinese call Ren’ai Reef.

Brunei snubs ASEAN Spratlys claimants’ meeting to forge one stand on China

Sultan of Brunei Bolkiah is welcomed by Chinese President Xi Jinping in Beijing. Photo from Brunei Times.
Sultan of Brunei Bolkiah is welcomed by Chinese President Xi Jinping in Beijing. Photo from Brunei Times.
By Tessa Jamandre, VERA Files

Four members of the Association of Southeast Asian Nations (ASEAN) with claims in the South China Sea failed to take a united stand on China’s growing aggressiveness after Brunei opted out of a recently held meeting in Manila.

Brunei was a no-show in the 1st ASEAN Claimants Working Group Meeting held at Pan Pacific Hotel in Manila Feb. 18, and is expected to skip the second round in Malaysia on March 25,diplomatic sources privy to the talks said.

The meeting, however, saw a more engaged Malaysia, which has abandoned its former passive attitude toward China’s military activities in the region.

Why the 28 day-delay in reacting to water cannon incident in Bajo de Masinloc

AFP Chiel Emmanuel Bautista
AFP Chiel Emmanuel Bautista
Why did it take Armed Forces Chief of Staff Emmanuel Bautista almost a month to tell the President and the Department of Foreign Affairs about the Chinese Coast Guards using water cannons against Filipino fishermen in Bajo de Masinloc?

The incident was reported when Bautista told Monday the foreign correspondents in the Philippines about the incident: “Chinese Coast Guard tried to drive away Filipino fishing vessels to the extent of using water cannon.

Asked if the Philippines would lodge a protest over the incident, Bautista said they would first have to investigate.

What? Twenty-eight days have passed and the government is still investigating?

Survey questions the DFA did not ask

Does Foreign Secretary Albert del Rosario have a problem with the case filed with the United Nations Arbitral Court against China’s nine-dash line map that prompted him to commission Social Weather Stations to do a survey which focused on the case and the problem with China in the West Philippine Sea?

SWS conducted a nationwide survey among 1,550 respondents on Dec. 11 through 16.

Foreign Affairs Spokesman Raul Hernandez said they wanted to know the sentiments of the public on specific issues and the results showed that the Filipino people “overwhelmingly” support the case filed by the Philippines at the UN Arbitral Tribunal January last year.

The results could not be less than “overwhelming” what with questions like “Dahil ang Tsina ay malakas sa aspetong military at ekonomiya, sinampahan natin ng kaso ang Tsina sa United nation sa paniniwalang pantay-pantay ang labanan sa ilalim ng batas internasyunal. Sang-ayon ba kayo o hindi?” (Opinion on whether the international law is a great equalizer against countries that are stronger militarily and economically.) Answer: 77% Yes; 15 % No; 8% Don’t know.

Overwhelming approval
Overwhelming approval

China to Aquino: We fought Hitler in WWII

Pres. Aquino warns the world against China in a New York Times interview.
Pres. Aquino warns the world against China in a New York Times interview.

By Ellen Tordesillas, VERA Files

China on Friday reminded President Aquino it had fought on the side of the Allied Powers against fascist Japan and Germany in World War II, after Aquino likened China’s encroachment into the South China Sea with Adolf Hitler’s hegemonic moves in World War II.

In a press briefing, China’s Foreign Ministry Spokesperson Hong Lei said, “As an unwavering upholder of international justice, China made huge sacrifice and indelible historical contribution to the victory of the World Anti-Fascist War. It is inconceivable and unreasonble to place China-Philippines South China Sea disputes in the same category with the WWII history.”

In an interview with New York Times Tuesday, Aquino had called on the international community to support the Philippine position of resisting China’s hegemonic moves in the South China Sea and not to make the mistake of appeasing the Asian superpower.

The unraveling of President Benigno Aquino III

President Aquino in the New York Times interview
President Aquino in the New York Times interview

In a meeting with Vietnamese Defense Minister Gen. Phung Quang Thanh in August last year, President Aquino asked the visiting official how they are able to maintain good relations with China despite conflicting territorial claims.

(Despite a ferocious battle over the Paracels Islands in the South China Sea 40 years ago that killed more than 70 Vietnamese soldiers,China and Vietnam established a hotline to deal with fishery incidents in South China Sea waters following the meeting of Chinese President Xi Jinping and Vietnamese President Truong Tan Sang in Beijing last June.)

Thanh told Aquino that almost every day, personnel of Vietnamese Navy battle Chinese fishermen who venture into disputed areas in the South China. Arrests are made, diplomatic protests are filed. But, he said, “We don’t talk to media.”

For a while, Aquino seemed to have taken to heart the lesson from the Vietnamese defense minister. He was a voice of moderation when China’s sole aircraft carrier sailed to the South China Sea.

Pride fuels standoff with Hongkong

The current standoff with Hongkong is an example of the danger of ignorance, power, and pride combined. As American minister Robert Fulghum said in his book,All I Really Need to Know I Learned in Kindergarten, “Ignorance and power and pride are a deadly mixture, you know.”

Hongkong Chief Executive CY Leung announces the lifting of no-visa privilege for Philippine government officials including diplomats.
Hongkong Chief Executive CY Leung announces the lifting of no-visa privilege for Philippine government officials including diplomats.
Last week, the Hong Kong Chief Executive Leung Chun-ying announced that the current 14-day visa-free arrangement for visiting Philippine diplomats and officials would be suspended starting Wednesday, February 5.

The sanction, which does not cover Filipinos who are going to Hongkong as tourists, is still over the Aug. 23, 2010 hostage- taking where eight Hongkong residents were killed after a disgruntled and desperate Filipino policeman hostaged a bus-load of Hongkong tourists at the Rizal Park in Manila.

In response, Foreign Affairs Spokesperson Secretary Raul Hernandez issued the government position of no apology, just regret.