‘Phl committed to finish int’l arbitration on sea row’

MANILA, Philippines - It was only after the failure of “bilateral dialogues and consultations” with China on the West Philippine Sea issue that Manila decided to tap international arbitration and “committed to finishing it,” Foreign Affairs spokesman Raul Hernandez said yesterday in a statement released through the Palace.

China has publicly rejected arbitration before the International Tribunal for the Law of the Sea. Raising the issue before an international tribunal is in accordance with the United Nations Convention on the Law of the Sea (UNCLOS). UNCLOS allows each country an exclusive economic zone, but Beijing’s nine-dash line gives China virtual jurisdiction over almost the entire South China Sea and the West Philippine Sea.

Hernandez and Presidential Communications Operations Office Secretary Herminio Coloma Jr. declined to comment if China had ever demanded that the Philippines drop the case to repair damaged relations.

Filipinos overwhelmingly support the government’s decision to file a case against China over its excessive claims in the West Philippine Sea, the latest Social Weather Stations (SWS) survey showed.

At least 81 percent of respondents agree with the filing of an arbitration case before the UN tribunal, with the highest approval in Metro Manila at 88 percent, Luzon (81 percent) and Mindanao (79 percent).

Coloma also downplayed a US military official’s dismissing as “not helpful” President Aquino’s drawing parallelism between China’s growing aggressiveness in the region and the Nazi Germany’s annexation of Sudetenland in 1938.

The comments of General Herbert Carlisle, commander of US air forces in the Pacific, were published in a Bloomberg report.

Coloma again clarified that President Aquino had simply called the attention of the world to the “need for international solidarity in asserting the primacy of the rule of law to deter expansionism in West Philippine Sea” when he mentioned the case of Sudetenland. Aquino made the comparison in an interview with the New York Times on Feb.5.

“It’s understandable for a military commander to adopt a viewpoint that’s different from a head of state’s perspective,” Coloma said.

In the Bloomberg report, Carlisle urged all countries involved in territorial disputes with China to work out ways to defuse tensions.

But Carlisle stressed that any move by China to extend an air defense identification zone south, where it has disputes over oil-rich waters with the Philippines, Vietnam and Malaysia, would be “very provocative.”

Aquino said he was elated by the strong public support for the administration’s effort to challenge through peaceful means China’s expansionism.

“There is a need to clarify the entitlements and duties of every state involved in the decades-old dispute in the sea known by many names. The 81 percent reflects the maturity and aspiration of our people for a real peaceful resolution on the matter,” he said. “We are now reaching out to the remaining 19 percent of our population: Our position, which adheres to the rule of law, redounds to the benefit of our people and our region.”

Appeal to UN

At the House of Representatives, senior administration lawmakers filed yesterday a resolution asking the United Nations arbitration tribunal to expedite the resolution of the Philippine government’s case against China.

The appeal to the UN was contained in House Resolution 796 filed by Reps. Ben Evardone (Eastern Samar), Cesar Sarmiento (Catanduanes), Dakila Carlo Cua (Quirino) and Rene Relampagos (Bohol).

They also called on other countries to support the rules-based approach in resolving the maritime disputes in accordance with UNCLOS.

“The early resolution of the arbitration case filed with the UN arbitration tribunal of judges could permanently settle the conflicting claims (therein) and ensure peace and stability in the region,” the resolution stated.

On Jan. 21, 2013, the Philippines initiated an arbitration process seeking to declare “illegal” Beijing’s expansive and forceful nine-dash line claim.

“China’s unilateral actions in the West Philippine Sea persist despite the ongoing arbitration,” the lawmakers said, noting that after more than a year, Beijing has yet to submit to the process.

The lawmakers said the most recent “bullying” act of China was its coming out with fisheries regulation requiring all foreign vessels to obtain approval from Chinese authorities before transiting into Hainan province’s so-called “administrative zone” in the South China Sea for fishing or surveying activities.

In the face of China’s persistent bullying, defense officials said the Philippines continues to exercise restraint.

“Based on the previous occurrences, it is clear that the Philippines has been the object of harassment,” Defense department spokesman Peter Galvez said in a statement.

“We believe that the Philippines’ defense and military establishments have exercised maximum restraint with respect to the situation in the West Philippine Sea,” he added.

Galvez said the Philippines’ call for the international community to reject aggressive and expansionist acts would ultimately serve the interest of the region.

“We believe that in opposing aggressive and expansionist behavior, the Philippines is not only serving its national interests, but also serving the region’s as well, including all states which have a stake in freedom of navigation and clear territorial rights as defined under the principles of UNCLOS,” he said.

Help from China Red Cross

The territorial dispute, however, does not distract the China Red Cross from its task of providing assistance to Typhoon Yolanda survivors.

This was according to Zhao Baige, vice president of Red Cross Society of China who visited Tacloban City recently to lead in the turnover of 166 classrooms.

“No matter the misunderstanding – economic or military – the fundamental foundation remains we should extend help to people who need it the most,” Zhao, concurrently vice president of the International Federation of the Red Cross and Red Crescent Societies, said.

Zhao first visited Tacloban with Philippine Red Cross chairman Richard Gordon last year.

The Chinese embassy in Manila earlier said the current dispute between China and the Philippines was just “temporary” and would not ruin the two countries’ millennium-long friendship.

Meanwhile, a congressman-ally of Vice President Jejomar Binay is supporting President Aquino’s firm position against apologizing to Hong Kong for the Manila hostage-taking incident in 2010.

“My rational is more of the principle that the whole country nor the President cannot apologize for one man’s mistake or the failed rescue efforts of the local police force. To be fair, Hong Kong should accept an apology from the mayor of Manila or the head of the police agency,” Valenzuela Rep. Sherwin Gatchalian said.

He said former president and Manila Mayor Joseph Estrada had expressed his willingness to apologize to Hong Kong, even if he was not the leader of the city when the incident happened.

Gatchalian is deputy secretary general of Binay’s United Nationalist Alliance.

Gatchalian said he could not understand why Hong Kong is insisting on an apology from Aquino.

“Hong Kong seems to put much weight on the apology and has totally forgotten the fact that the Philippine government has deeply regretted the incident and has profusely shown its compassion to the families of the victims of the Rizal Park tragedy,” he said.

He noted that in 2010, the administration ordered all flags flown at half-mast.

“I believe that was already a concrete gesture of apology,” he stressed.

“Even without the apology, Hong Kong should have felt and seen the sincerity of the Filipino people in conveying their utmost regret and grief by lowering the flags in half mast,” Gatchalian said. “Isn’t that acceptable enough for an act of apology?” he asked.

“The Philippine government must not back down to the coercive pressure of Hong Kong. The restraint alongside the visa restriction is an implicit assertion of superiority,” he said. “The issue of apology has become a political ploy anchored to a much bigger issue, which is the standing territorial dispute between the Philippines and China.” – With Paolo Romero, Alexis Romero, Pia Lee-Brago, Jess Diaz