PH ready to protest latest China incursion

By SAMMY JULIAN
Manila News Bureau Chief

MANILA – As soon as it is able to come up with a clearer picture of what China is doing in at least two more reefs found within the Philippine-claimed West Philippine Sea, the Department of Foreign Affairs (DFA) will surely file another protest.

“We are evaluating the information carefully,” said Foreign Affairs Secretary Albert del Rosario. “If in fact it is clear to us that (China is building facilities) and that the features of the reefs have been changed, then we will consider a formal protest. Right now we aren’t sure…”We continue to survey the situation.”

Del Rosario was referring to Cuarteron Reef and Gaven Reef found within the eight Kalayaan-island Group (KIG) that the Philippines has claimed and had annexed as part of Palawan. Reports said Chinese ships have been sighted in the vicinity of the said reefs.

It is also being claimed that China has already built supply platforms, docks for patrol boats, naval and anti aircraft guns, search radars and communications equipment at Calderon and Gaven Reefs,

According to the DFA chief, these reports are “concerning” because “you’re effectively changing the status quo and you are raising tension.”

With regards to China’s refusal to participate in the arbitration case filed by the Philippines, del Rosario declared that it is not relevant.

“We have invited them as I mentioned many times, the decision for them not to participate is their own decision, and i think they taken a good look what serves their national interest,” he added.

China has again reiterated its refusal to accept or participate in the arbitration case filed by the Philippines. On Wednesday, the Permanent Court of Arbitration in The Hague gave Beijing a December 15, 2014 deadline to respond to the arbitration case on South China Sea disputes filed by the Philippines.

Del Rosario pointed out that the arbitration case is “the only mechanism to us” since the Philippine government has tried “every possible effort, every possible means to engage China.

“The arbitration is to clarify,” he said. “We are contesting the position of China that it has indisputable sovereignty over all of South China Sea. That obviously is what we are trying to do.”

Del Rosario said arbitration is “friendly and durable and its really just beneficial to everyone.”

“Because when you clarify entitlements, you do it not only for China, you also do it for the Philippines. You do it for all the other countries who have to live with the jeopardy of having their freedom of navigation taken,” he stated.

According to the DFA chief China as a world power would like to be respected and would like to be considered as a responsible state and in order for that to happen they must respect the rule of law.

Del Rosario said he does not see see any desire on China’s part in moving for the expeditious conclusion of the Code of Conduct in the South China Sea and working on the effective implementation of the Declaration of a Code of Conduct in the South China Sea (DOC).

“I’m not very optimistic about whether China is serious in the expeditious conclusion (of the COC) because I can see the aggressive provocative act that we are seeing now,” he explained. “It’s their way to pursue their expansion agenda.”

“So until this expansion agenda is completed, I don’t see a desire on their part to conclude the COC because what effectively is going to happen is you have an expansion agenda and you’re looking at the COC,” he went on to declare. “You complete your expansion agenda because the COC looks forward instead of backwards. I hope I’m wrong. But we are still working feverishly with ASEAN for the implementation of the DOC and the conclusion of the COC in reality.”

Del Rosario said although there are serious concerns in terms of what has happened in the past and the recent confrontations between Vietnam and China, the Philippine government is “working in every possible way” to try and to improve its relations with Beijing.

“We work on that. We continue to pursue the actual realization of that agreement we signed between (former Chinese President Hu Jintao) and President Benigno Aquino II regarding the moving forward of major bilateral relations and shelving contentious issues,” he said.

Meanwhile, del Rosario said the Supreme Court’s recent decision not to issue a temporary restraining order (TRO) against the newly signed Enhanced Defense Cooperation Agreement (EDCA) between the Philippines and the United States “is a positive development.”

“I know for a fact that we are very careful in crafting an agreement that was mutually beneficial and totally within the Constitution,” he said. “I think that it’s clear to me this is a positive development, I’m 100 percent sure that the SC will recognize that we took every possible means not to violate the Constitution.”

Signed in April prior to the arrival of US President Barack Obama, the EDCA allows US troops access to a limited number of Armed Forces of the Philippines (AFP) camps.

Acting on two petitions questioning the EDCA, the High Court, instead of issuing a TRO, ordered the Office of the President, the Department of Foreign Affairs, and the Department of National Defense to explain and defend the agreement within 10 days from notice. /PN