MANILA, Philippines – The Philippines can go to the United Nations
should diplomatic efforts fail to resolve its standoff with China after
vessels of both countries have refused to budge from a territory they
both claim.
If necessary, the Philippines can bring the case before the
international body since the issue involved violation of the UN
Convention on the Law of the Sea, Eastern Samar Representative Ben
Evardone and Citizens' Battle Against Corruption (CIBAC) partylist
Representative Sherwin Tugna proposed on Thursday.
Bayan Muna partylist Representative Neri Colmenares said the country
can invoke the 2002 Declaration on the Conduct of Parties in the South
China Sea, which enjoins all parties "to resolve their territorial and
jurisdictional disputes by peaceful means, without resorting to the
threat or use of force, through friendly consultations and negotiations
by sovereign states directly concerned, in accordance with universally
recognized principles of international law, including the 1982 UN
Convention on the Law of the Sea."
The lawmakers offered the proposal to go to the United Nations, a day
after the Philippines' only frigate--the BRP Gregorio del Pilar--was
blocked by two Chinese surveillance ships at Scarborough Shoal, a chain
of reefs and islands 220 kilometers west of Zambales.
The Philippine ship was supposed to apprehend the crew and cargo of
eight Chinese boats caught fishing in a territory that the Chinese claim
as its own.
“From all indications, the Chinese are hell-bent in intruding on our
territory to get to our resources especially natural gas, fisheries and
others, we must ensure that we will continue to defend what is ours,”
Colmenares said.
Evardone said Philippine officials should be able to find peaceful
and diplomatic means to resolve the standoff without giving up the
country’s legal claims over Scarborough Shoal.
“If necessary, the UN should step in because what is violated by the
Chinese fishermen is the UN Convention on the Law of the Sea. The UN
should assert that its international laws should be observed and
respected by member-nations,” Evardone said.
Tugna said that while the government should set a timeline on dealing with China through negotiations.
“Give it two or three formal sit-down negotiations, and if the
parties do not arrive at an agreement, then we can file a case in the UN
against China,” he said.
Tugna also enjoined all Filipinos to back the Philippine Navy and
Coast Guard who are in the frontlines of guarding the country’s
territory in the disputed area.
“Our Navy and Coast Guard need all the help they can in these
dangerous times. We are fully aware that our Armed Forces are no match
to the mighty (People’s Liberation Army), but we need to take a stand
and show the whole world that we won’t take any intrusion into our
rightful territories sitting down,” he said.
In a separate statement, the Kabataan partylist said the previous
Arroyo administration should be blamed for passing the Baselines law
that merely considered the Scarborough Shoal as a “regime of islands”
under the UNCLOS, rather than declaring it part of the country’s
territorial waters.
“By declaring the Scarborough Shoal as a mere regime of islands, the
country had effectively lost full sovereignty over Scarborough Shoal and
the Kalayaan Group of Islands, thus subjecting our claim over these
islands to mere diplomatic resolution,” lawyer Terry Ridon, the group’s
spokesperson, said.
"We are thus constrained to merely explore and exploit the resources
found therein, instead of being able to exercise full political,
economic and military sovereignty over these waters,” he added.
Ridon said that the Arroyo administration fully knew that they had
passed the law from a position of weakness and fear of China, instead of
valiantly staking the country’s historical claim over these islands.
He said the Baselines Law should be repealed “to restore full sovereignty over these islands and water.”
Enacted into law in March 2009, Republic Act 9522 or the Baselines law defined the country’s territorial waters.
The law treats the disputed Spratlys Islands and Scarborough Shoal,
as a "regime of islands" under the Republic of the Philippines, despite
the strong protest lodged by China, one of several claimants.
Beijing then said the provision on the “regime of islands” violated its sovereignty.
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