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At UN, PH rejects China’s ‘dangerous, reckless’ acts

Ayee Macaraig

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Philippine Foreign Secretary Albert del Rosario criticizes China's 'dangerous, reckless and forceful activities' before the UN's biggest annual gathering

'EXPANSIONIST CLAIM.' Philippine Foreign Secretary Albert del Rosario seeks international support for the Philippines' arbitration case, saying China repeatedly violated international law.

UNITED NATIONS – The Philippines pointed out contradictions in China’s words and actions, telling the United Nations that Beijing repeatedly violated international law in its “expansionist claim” despite an appeal to follow “fair and just rules.” 

Without mentioning China by name, Philippine Foreign Secretary Albert del Rosario gave a detailed enumeration of Beijing’s activities in the South China Sea, saying these threatened peace and stability, and breached international law. The Philippines is claiming parts of the sea, which it calls the West Philippine Sea.

Del Rosario spoke at the annual UN General Assembly debate in New York, the world’s largest diplomatic gathering.  

“Instead of peacefully resolving the maritime disputes within the framework of [international law], said State embarked on a series of dangerous, reckless and forceful activities in an attempt to impose unilateral change in the maritime status quo of the South China Sea,” Del Rosario said on Monday, September 29.

Devoting a length of his speech to the topic, Del Rosario said China’s actions formed part of a pattern to “force change” as it refuses to join the Philippines in a historic arbitration case to settle the dispute before a UN-backed tribunal at The Hague. China is questioning the court’s jurisdiction.

The Philippines’ top diplomat defended his country’s move, saying Manila “resorted to the rule of law” in response to a rising military, economic and political power.

The Philippines has one of the weakest militaries in Asia but has started a modernization program, and entered into a military deal with the US as tensions escalate in the region. Seeking international support and credibility, Manila calls international law “the great equalizer” in dealing with its bigger neighbor.

The former Philippine envoy to the US hailed international law as “the core instrument for resolving maritime disputes,” which China violated through its actions despite its rhetoric. Just last Saturday, China’s Foreign Minister Wang Yi called on world leaders in the same assembly to “use fair and just rules” in solving disputes.

Del Rosario said that in reality, China does the opposite. “In the last two years, [China] has undertaken massive land reclamation activities in Johnson Reef, McKennan, and Hughes Reef, Cuarteron Reef and Gaven Reef in the Spratlys.” 

Analysts said China’s dredging and reclamation are meant to impose its interpretation of reefs and shoals’ sovereignty ahead of the decision in the arbitration case. (READ: PH: China reclamation ‘jeopardizing’ arbitration case)

Del Rosario said China’s 9-dash line is an “expansive claim of indisputable sovereignty” that violated both the UN Convention on the Law of the Sea, the so-called constitution for the oceans and seas, and a 2002 non-binding agreement with the Association of Southeast Asian Nations (ASEAN).   

“Earlier this year, said State imposed a unilateral moratorium on fishing in some areas of the South China Sea, which infringes on the legitimate sovereign rights of the Philippines and other Coastal States to their Exclusive Economic Zones.”

The Secretary was referring to regulations China’s Hainan province imposed in January requiring foreign fishing vessels to ask permission to enter its waters.

Del Rosario also pointed to the 2012 standoff between the Philippines on China on Scarborough Shoal (Panatag Shoal to the Philippines), which deteriorated the countries’ ties and even prompted Beijing to stop banana exports from Manila.

“After forcibly occupying the tiny rocks of Scarborough Shoal within 126 M (nautical miles) of the Philippine island of Luzon, the aforementioned State refused to abide by a mutual agreement to deescalate tensions by not withdrawing its vessels from the said rocks,” he said.

UN PUSH. After presenting before ASEAN the Philippines' Triple Action Plan, Del Rosario raises the proposal before the UN General Assembly. UN Photo/Amanda Voisard

‘Action plan does not prejudice claims’

The Philippines and China are locked in a maritime dispute over the South China Sea, of which Beijing claims almost 90%. Vietnam, Malaysia, Brunei and Taiwan also claim parts of the sea believed to hold vast deposits of oil and gas, and a major global shipping route. 

At the UN, Del Rosario called for global support for the Philippines’ so-called “Triple Action Plan” proposal, which China rejected when it was first presented to ASEAN. 

Arbitration is the final approach under the plan. The immediate approach is a freeze of activities that escalate tensions in the region while the intermediate approach is concluding talks for the creation of a binding ASEAN-China Code of Conduct on the South China Sea.

“The Philippines is pursuing such a resolution through Arbitration and believes that the Arbitration decision will clarify maritime entitlements and will pave the way for the full resolution of the maritime disputes in the South China Sea,” he said.

China’s Wang has said that if the Philippines wants to pursue the plan, it should first withdraw the arbitration case and “return to the first step.”

Del Rosario again addressed this point. “These approaches under the Triple Action Plan can be pursued simultaneously. It does not prejudice territorial claims.”

Disasters challenge development

Besides maritime tensions, Del Rosario said disasters are the greatest challenge to meeting the Millennium Development Goals, a set of targets to fight extreme poverty by 2015.

He said the Philippines was committed to the rehabilitation and recovery plan for victims of Super Typhoon Yolanda (Haiyan), the world’s most powerful storm that devastated the Visayas in November 2013, killing over 6,000. 

“We are resolute in not only building back but building back better …. We look forward to the forthcoming Third World Conference on Disaster Risk Reduction in Sendai, Japan and to the first-ever global Humanitarian Summit in Istanbul, Turkey, during which we hope to share the lessons we learned from Haiyan.” 

The Secretary said the international community must resolve both climate change and threats to peace and security.

“Development efforts are jeopardized by setbacks brought about by threats to peace, security and the rule of law. We must ensure that conflicts do not undermine any development agenda that we pursue.” – Rappler.com

Rappler multimedia reporter Ayee Macaraig is a 2014 fellow of the Dag Hammarskjöld Fund for Journalists. She is in New York to cover the UN General Assembly, foreign policy, diplomacy, and world events. 

 

 

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