PHL envoy to China: Seeking arbitration on sea row not an ‘unfriendly act’

As tensions in portions of the South China Sea, referred to by Manila as West Philippine Sea, once again fall into focus after Beijing's declaration of an air zone, Philippine Ambassador Erlinda Basilio to China said the Philippines’ move to seek arbitration on its territorial dispute with China was not an “unfriendly act.”

 

In an email to GMA News Online, Basilio said the Philippine government decided to bring the sea dispute issue to international arbitration because “a rules-based regime in the West Philippine Sea and the South China Sea would contribute to the respect for the legitimate rights of countries surrounding the sea.” 

 

“It would, over the long term, be beneficial to all stakeholders of the region, by providing the predictability and order necessary for continuing prosperity beyond our own generation,” she added.

 

She considers arbitration not as an unfriendly act but as “an intuitive approach which we all resort to when confronted with a seemingly intractable situation.”

 

“While continuing to express our friendly feelings for a close neighbor and kinsman, the embassy has always emphasized to China that this process will not only clarify China’s own maritime entitlements under international law, but will also provide it with an opportunity to demonstrate its even-handedness as a leader in the region.”

 

In July, a UN tribunal was convened in The Netherlands to look into the Philippines’ complaint questioning the legality of China’s extensive territorial claim in the resource-rich region. 

 

The Philippines, China, Vietnam, Malaysia, Brunei, and Taiwan all have claims to parts of whole of the South China Sea, whose vast waters are dotted with islands, reefs, cays, shoals and rock formations. The area is also believed to be rich in natural gas and oil deposits.

 

Citing the UN Convention on the Law of the Sea (UNCLOS), the Philippines in January sought to declare as “illegal” China’s nine-dash claim, which covers almost all of the South China Sea, including sections that have been declared as the West Philippine Sea.

 

China has resisted the move, saying the case carried unacceptable allegations.

 

In November, the Philippines warned that China's announcement of an Air Defense Identification Zone (ADIZ) in the East China Sea indicates the prospect of China doing the same for the South China Sea.

 

China’s air defense zone requires passing aircraft to provide flight plans, state their nationality, and maintain radio communication, or face "emergency defensive measures." The zone covers disputed Tokyo-controlled islands: known as Senkaku in Japan and Diaoyu in China.

 

Guided by the Constitution

 

In her email, Basilio said the Philippines' move to protect its “national interest in relations with other states is stipulated in our Constitution.” 

 

“We are guided by principles of peace, equality, justice, freedom, cooperation and amity with all nations,” she said. “Equally important is that, in renouncing war as an instrument of national policy, the Philippines adopts the generally accepted principles of international law as part of the law of the land.” 

 

She noted how the Philippines and its neighboring countries in Asia “have been hounded by misunderstandings and differing perceptions over the issue of maritime entitlements. Tensions in the region which were affecting our interests and rights were not abating.” 

 

“The Philippine government has adopted and articulated a principled position which emanates from the imperative of maintaining the rule of law, and of working within the generally accepted principles of international law,” she added.

 

She noted that the Philippines’ commitment to international law and multilateral institutions has had a long history, arising from that period when the Philippines was granted independence from the US after World War II, and the Philippines was “advocating equality in foreign relations.” 

 

“Over the decades, we have seen the equalizing effect of international institutions and international law. We feel that arbitration will provide a durable and lasting solution to this problem of entitlements which persists in the region,” Basilio said.

 

The Code of Conduct

 

Meanwhile, as the Philippines seeks to address the issue of maritime entitlements through arbitration, it is also pursuing the conclusion of the Code of Conduct (COC) in the South China Sea between ASEAN and China. 

 

“For the Philippines, a COC is important to manage tensions in the West Philippine Sea/South China Sea by establishing rules of behavior among countries surrounding it.,” Basilio said.

 

“These rules, based on the objective standards of international law, will lead to stability and offer a more conducive environment for cooperation,” she added.

 

In the formal discussions of the COC with China and ASEAN, Basilio said the Philippines strives “to find common ground with China and our ASEAN partners, and take their views and concerns into account with earnestness and sincerity.”

 

Broader picture of friendship, kinship

 

Basilio, however, said the Philippines and China continue to keep friendly relations despite maritime disputes.

 

“When President Benigno Aquino III visited China in 2011, he and then Chinese 

President Hu Jintao agreed not to let the maritime disputes affect the broader picture of friendship and cooperation between the two countries,” Basilio recounted. 

 

The ambassador noted that the Philippines’ bilateral relations with China are one of its most important, “given the immutable fact that we are neighbors.”

 

“The expanse and depth of contacts between the Philippines and China over the centuries and across all sectors are the inevitable consequence of this proximity,” she added.

 

She noted that after the recent super typhoon Yolanda wreaked havoc in the Philippines, it went on to batter southern China. 

 

“Perhaps this may provide meaning to the expression our common destiny,” Basilio said. 

 

“On a more existential level, many of the values and characteristic traits we Filipinos possess also evolved out of the centuries of contacts, exchanges and intermarriages 

between Filipino and Chinese people,” she added.

 

Veteran career diplomat

 

Basilio, a 69-year-old veteran career diplomat, was appointed Philippine ambassador to China in December last year, replacing Sonia Brady who suffered a stroke in Beijing in August last year.

 

In 2007, Basilio received the Order of Lakandula, one of the highest honors given by the Philippine government,for her political and civic contributions.

 

Basilio was also the former ambassador of the Philippines to Sweden for seven years until 2003. — RSJ, GMA News