Finding Answers Former Senator
Atty. Joey Lina The late Benigno “Noynoy” Aquino III had many notable achievements during his term as the 15th president of the Philippines which made many Filipinos proud despite the criticisms he faced. It was when his administration was in power from 2010 to 2016 that the Philippine economy shined with numbers unseen before. Our country won its first ever investment grade rating from global rating firm Fitch that upgraded  the Philippines’ sovereign credit rating to BBB- from BB+ in 2013. The feat paved the way for other international credit rating firms to follow suit, allowing the Philippines to join A-lister countries deemed safe to invest in. It was also during PNoy’s time that Philippine education got a tremendous boost with the passage and implementation of the K-12 law which put Filipino students at par with the rest of the world, making our graduates globally competitive. But the most notable achievement of PNoy which I consider a national pride is the historic victory of the Philippines in the Permanent Court of Arbitration in The Hague which declared baseless the 9-dash line claim of the People’ Republic of China that it practically owns almost the entire South China Sea. PNoy’s relentless efforts in seeking the Arbitral Award, which recognized the sovereign rights of the Philippines to exclusively explore and develop the natural resources in our EEZ and continental shelf in the West Philippine Sea (WPS) in accordance with the United Nations Convention on the Law of the Seas (UNCLOS), showed his dogged determination to stand up to China amid its persistent incursions into Philippine waters. The Award determined that PROC violated the UNCLOS and the sovereign rights of the Philippines in the WPS by building several large artificial islands with huge infrastructure like airport and seaports, massive fishing, bullying of Filipino fishermen, destruction of the environment, and conducting maritime surveys, among others. The significance of the Award that invalidated China’s 9-dash line is momentous not only for the Philippines but for many other countries as well, considering that the South China Sea is a main shipping passageway with an estimated $3 trillion to $5.3trillion worth of international trade, or nearly one-third of all global maritime trade, passing through it every year. But for Filipinos alone, PNoy’s tremendous efforts at the WPS are truly significant. It was he who initiated the move to call it the West Philippine Sea. Larger than the entire land area of the Philippines, WPS includes part of the South China Sea which extends 200 nautical miles from the entire western shoreline of the Philippine Archipelago. WPS is rich in fish, oil, gas and other mineral and aquatic resources worth several trillions of dollars when explored and developed -- patrimony that can benefit present and future generations of Filipinos who alone are entitled to it. It is unfortunate that almost five years from the time the Award was announced on July 2016, the PROC, an UNCLOS signatory like the Philippines, obstinately refuses to recognize and follow it, and continues to disrespect our national dignity, insult our officials who protest against its violations in the WPS, and haul away millions of tons of fish from our EEZ that should have been the rightful catch of our fishermen and much needed meals at the tables of impoverished Filipino families. Fortunately, our leaders headed by President Rodrigo Duterte are united in appreciation of the historic significance of the Award and the need to enforce it, contrary to misimpression linked to confusing and seemingly inconsistent statements from the President himself, which tend to cast doubt on the AWARD’s paramount importance to the Philippines. But the official Philippine position on the Arbitral Award is what our President declared before the family of nations during the 75th United Nations General Assembly last year: "The Philippines affirms that commitment in the South China Sea in accordance with UNCLOS and the 2016 Arbitral Award. The Award is now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish or abandon.” In his stunning speech, the President also declared: “We firmly reject attempts to undermine it. We welcome the increasing number of states that have come in support of the award and what it stands for-- the triumph of reason over rashness, of law over disorder, of amity over ambition. This - as it should - is the majesty of the law." Unfortunately, UNCLOS has no enforcement mechanism. Bilateral talks with PROC to enforce the Award have proven ineffective. Thus, President Duterte’s official statement at the UN that “we welcome the increasing number of states that have come in support of the award” is highly significant. It sent the message across the world that our country is open to international support in enforcing the arbitral ruling. Seeking international support is certainly in line with a Social Weather Stations survey last year that 82 percent of Filipinos agree that the Philippines should “form alliances with other democratic countries that are ready to help defend its territorial rights in the West Philippine Sea.” With the backing of an overwhelming majority of Filipinos for efforts to seek international support, it is imperative to exhaust all possible means, without resorting to war, to have the Award enforced. Many believe that is the only way to honor PNoy’s greatest and lasting legacy. Email: [email protected]