MANILA, Philippines – Any bilateral talks with China will be anchored on the ruling of an international arbitral tribunal voiding Beijing’s expansive territorial claim in the South China Sea and West Philippine Sea.
President Duterte gave this assurance during his meeting with visiting US Secretary of State John Kerry yesterday at Malacañang, a Cabinet official said.
“The President did mention that whatever talks we will engage in will begin with the ruling. That will be the foundation – the ruling regarding the area,” presidential spokesman Ernesto Abella told reporters in a press briefing.
Last July 12, the Permanent Court of Arbitration based in The Hague invalidated China’s nine-dash-line territorial claim that covers nearly the entire South China Sea.
The tribunal also awarded the Philippines sovereign rights over Panganiban (Mischief) Reef, Ayungin (Second Thomas) Shoal and Recto (Reed) Bank, all in Palawan.
While the court did not award the Philippines sovereign rights over Panatag (Scarborough) Shoal off Zambales, it declared the area a traditional fishing ground for both the Philippines and China and other neighboring countries.
China has refused to recognize the ruling, calling it “unlawful since day one.” The US has refused to take sides on the maritime row but has advocated the rule of law in disputed areas.
Asked whether Duterte and Kerry had talked about using the Enhanced Defense Cooperation Agreement (EDCA) to implement the international tribunal’s ruling, Abella said: “There was no discussion regarding that. They’re not related.”
Signed in 2014, EDCA seeks to provide the US greater access to Philippine military camps. The signing of the deal is widely viewed as an attempt to counter China’s aggressiveness in the South China Sea and West Philippine Sea.
Duterte and Kerry, however, affirmed the close relations between the Philippines and the US, which signed a defense treaty in 1951.
“They also discussed common concerns: terrorism, crime, drugs, religious fanaticism and maritime security. In relation to this, they also mentioned a menu of solutions,” Abella said without elaborating.
There are about four million Filipinos in the US and there are at least 500,000 Americans in the Philippines.
‘Can’t be irrelevant’
In a press briefing yesterday, Kerry maintained the arbitral ruling on the sea dispute can’t be irrelevant even it was not mentioned in the post-summit statement of the Association of Southeast Asian Nations (ASEAN).
“It’s impossible for it to be irrelevant. It’s legally binding and it’s obviously a decision of court recognized under international law,” Kerry said in a joint press conference with Foreign Affairs Secretary Perfecto Yasay Jr. after a meeting at the Department of Foreign Affairs (DFA).
Kerry again urged China to respect the ruling and comply with its obligations under the law.
“That has to be part of the calculation and I’m confident that our friends in the Philippines will make their judgment about their negotiating position and how they intend to proceed forward,” he said.
The US official said he was satisfied with ASEAN’s joint communiqué, which – despite being silent about the tribunal’s decision – has clearly made reference to all legal rights, decisions and processes.
He explained it is not always the case to have every single word included in a statement.
But every single principle and every single value of rule of law, he said, was “embraced” in the communiqué, which was clear about its support for the UN Convention on the Law of the Sea or UNCLOS.
“The rights of all countries under the law should always be respected. That’s what international law is about. That’s what a rules based order is about,” Kerry said.
He noted that the decision itself is a binding decision “but we’re not trying to create a confrontation.”
“We’re trying to create a solution mindful of the rights of people that are established under the law,” he added.
Kerry said the US appreciates the very responsible and measured way the Philippine government has responded to the tribunal decision.
“We hope and see a real opportunity for claimants to work together to constructively, peacefully manage and ultimately resolve their differences consistent with international law,” Kerry said. “We hope to see a process that will narrow the geographic scope of the maritime disputes, set standards for behavior in contested areas to lead to mutually acceptable solutions, perhaps even a serious confidence building step.”
Triumph
For his part, Yasay said the joint communiqué was a triumph for ASEAN as it expressed concerns over destabilizing actions in the South China Sea and called for restraint and sobriety among claimants.
“This to me is a triumph for ASEAN because it makes ASEAN more credible to the international community and it makes it more efficient, effective and more relevant as a regional group,” the DFA chief said.
He also belied China’s claim of victory after the latter succeeded in preventing ASEAN from mentioning the landmark arbitral ruling in its joint communiqué.
“I’m just saying this to dispel the reports that have been said that China came out victorious in the ASEAN meeting because we precisely agreed to not mentioning the arbitral award,” Yasay said.
In making the joint communiqué, Yasay said ASEAN members particularly had in mind the dispute in the South China Sea.
“I would like for all of you to take close note and scrutiny of this statement, whether it is correct for anyone to say that we have given up our position in so far as the decision of the Arbitral Tribunal is concerned,” Yasay said.
“Whether or not you will say that this is a triumph of China, of the Philippines or a defeat of China or a defeat of the Philippines, the fact is clear and this is what you should remember as why we went to ASEAN for this meeting. This is a victory for ASEAN for upholding the very principles of international law and the procedures – legal and diplomatic processes,” he added.
The DFA chief stressed that the Philippines had vigorously pushed during the meeting for the inclusion of a clear reference to the tribunal’s ruling in the joint statement.
“Yes, vigorously I pushed for the inclusion and mentioning of the Arbitral Tribunal award,” he pointed out.
He stressed this was a diplomatic tact that had to be made “but we knew that there was middle ground without compromising the rights of the Philippines and the award that was recognized by the Arbitral Tribunal.”
The Philippines, under the previous Aquino administration, launched the legal challenge in 2013 against China’s claims to most of the sea.
China insists it has sovereign rights to nearly all of the sea, including waters approaching ASEAN members the Philippines, Vietnam, Malaysia and Brunei.
Efforts to forge a united ASEAN front on the issue have crumbled in recent years as China has successfully lobbied Cambodia and Laos, which are members of the bloc but are close Chinese allies.
The Philippines has also adopted a more moderate stance on China under President Duterte, who has courted closer Chinese economic and political ties since taking office on June 30.
Yasay initially said on Tuesday he had not asked ASEAN members to refer to the ruling in its end-of-meeting statement.
“No. Never, never did. Please don’t put words into my mouth,” Yasay told reporters in Vientiane when asked if he had called for a reference.
“The other countries are not part of our filing of the case before the arbitral tribunal, so why would we insist that it be put in the ASEAN statement?”
Yesterday in Manila, Yasay denied making those comments. “I never said those things, all right? And please don’t put words into my mouth,” he told reporters.
A recording of Tuesday’s interview in Vientiane by an AFP reporter confirmed Yasay’s initial comments.
When asked to explain why Yasay denied lobbying, a foreign affairs spokesman said yesterday he was unable to clarify.
Adding to the confusion, Cambodia’s foreign ministry spokesman Chum Sounry said his nation had not vetoed Philippine efforts.
He said Yasay withdrew his request for the tribunal mention, after discussions in which Cambodia made clear it wanted to remain “neutral.”
“The Filipino foreign minister himself decided to remove (it) and not to mention the ruling,” Chum Sounry said. – Pia Lee Brago