MANILA, Philippines – The Senate on Tuesday, August 1, shelved an earlier call to bring China’s harassment of Filipino fishermen before the United Nations General Assembly (UNGA), and instead approved a resolution “strongly condemning” China’s moves in the West Philippine Sea.

The Philippine Senate approved Resolution No. 718, which was a merged version of Resolutions No. 659 and 707 filed by Senate Deputy Minority Leader Risa Hontiveros and Senate President Migz Zubiri, respectively.

In this new resolution, senators did not call on the the Department of Foreign Affairs (DFA) to bring China’s harassment before the UNGA as originally proposed by Zubiri and Hontiveros. Instead, they included the UNGA option only among five proposed moves in case China continues harassing Filipinos in the West Philippine Sea.

“Now therefore be it resolved, as it is hereby resolved by the Senate of the Philippines, to strongly condemn the continued harassment of Filipino fishermen and the incursions in the West Philippine Sea by the Chinese Coast Guard and militia vessels, and to urge the Philippine government to take appropriate action in asserting and securing the Philippines’ sovereign rights over its exclusive economic zone and continental shelf, and to call on China to stop its illegal activities in accordance with the United Nations Convention on the Law of the Sea and the 2016 ruling of the Permanent Court of Arbitration,” the resolution read.

Resolution No. 718 came after senators held a closed-door meeting on Monday, July 31, and after Senator Alan Peter Cayetano, who once served as DFA chief under then-president Rodrigo Duterte, expressed reservations about bringing the issue before the UNGA.

“This bipartisan effort tells the Filipino people that when it comes to matters of national sovereignty, we will never be bullied into submission. In the face of relentless China propaganda since last week, we held our ground. Despite fake news and lies to prevent the adoption, we stood firm,” said Hontiveros, one of two minority senators in a Senate dominated by Marcos allies, in a mix of English and Filipino.

Here's a copy of Senate Resolution 718. It states here that the Philippine DFA is expected to continue holding dialogue with Chinese gov't to push for rights over WPS. If there will be continued harassment, the DFA is urged to take actions, including bringing the issue to UN. pic.twitter.com/RQOWlGz7OK

— Bonz Magsambol (@bnzmagsambol) August 1, 2023

Senate Resolution No. 718 states that the DFA is expected to continue holding dialogues with the Chinese government to push for the recognition of the Philippines’ sovereign rights over the West Philippine Sea. If there will be continued harassment, the Senate recommended the following actions to be taken by the Philippine government:

• Bringing international attention to China’s harassment of Filipino fishermen in the Philippine exclusive economic zone and its continued violation of the Hague ruling and the United Nations Convention on the Law of the Sea (UNCLOS);
• Utilizing international fora to rally multilateral support for the enforcement of the Hague ruling and raise awareness on the real situation in the West Philippine Sea;
• Engaging like-minded countries in various international organizations, meetings, and other fora to call on China to respect the Hague ruling and UNCLOS, and subject to necessity and prudence;
• Filing a resolution before the UNGA to call for the cessation of all the activities that harass Philippine vessels and violate the Philippines’ established rights in the West Philippine Sea; and
• Pursuing such other diplomatic modes as the DFA may deem appropriate and necessary

Prior to the approval of the resolution, the senators on Monday night held a closed-door meeting with security officials to discuss the next possible actions of the Philippine government on the unlawful incursions of the Chinese vessels in the West Philippine Sea.

Senate Resolution No. 718 was the amended and adopted version of Hontiveros’ resolution. Some senators, including Cayetano, last week moved to put on hold the approval of Senate Resolution 659. They believed that bringing the issue before the UN might trigger tensions between the two countries, prompting the Senate to hold an executive session with security officials.

“We have agreed to merge the provisions between the two resolutions and pass a resolution condemning the harassment of the Filipino fishermen and continued incursions of Chinese Coast Guard and militia vessels in the West Philippine Sea,” Zubiri said.

“It was a very cordial, straightforward and productive meeting between the senators and our key government officials dealing on the West Philippine Sea,” the Senate President added without giving further details on what transpired during the closed-door meeting.

Speaking to reporters in Malaysia on Thursday, July 27, President Ferdinand Marcos Jr. seemingly downplayed Hontiveros’ resolution, saying that it’s the executive that sets foreign policy.

“So, I mean – of course, the senator (Risa Hontiveros) is free to file whatever resolution she wants. But I do not know how that will translate to any action that will reach the United Nations General Assembly,” said Marcos.

Reacting to the President’s pronouncement, Hontiveros took a swipe at him, saying that he seemed to forget the role of the legislation.

“Naku naging senador din naman si Presidente noon. Baka nakaligtaan lang nila or baka nalito lang sila sa reso ng senado at ‘yung inuudyok namin na reso ng gobyerno sa pamamagitan ng DFA sa UN General Assembly among many other possible more assertive actions,” she said.

(The President was a senator before. Maybe he forgot or was confused with what a Senate resolution is and our resolution urging the government through the DFA to bring the issue before the UN General Assembly, among many other possible more assertive actions.)

The UNGA is the UN’s main policymaking body and is made up of all member-states. While resolutions passed by the assembly hold no legal sway, Hontiveros has argued that it carries “significant political weight and serves as an expression of the will and consensus of the international community.”

Retired Supreme Court Associate Justice Antonio Carpio, a leading voice and advocate against China’s incursions in the West Philippine Sea, had made the same suggestion in the past. – Rappler.com