FINDING ANSWERS
Former Senator
Atty. Joey Lina
As our country commemorated Independence Day last Sunday, the back-to-back diplomatic protests lodged against China a couple of days earlier for encroaching in Philippine waters got me thinking on what more should be done to get respect for our sovereignty and national dignity.
A flurry of questions kept crossing my mind: How can we overcome our seeming helplessness to stop the continued transgressions in our exclusive economic zone (EEZ)?
What efforts should be exerted towards the enforcement of the 2016 historic Arbitral Award that recognized the sovereign rights of the Philippines to exclusively explore and develop the natural resources in the EEZ and continental shelf in the West Philippine Sea (WPS)?
The questions as to how have to be pondered. But as to why, it ought to be very clear: Because our forefathers fought off powerful invaders, we who are beneficiaries of their sacrifices and victories ought to do no less.
Therefore, we must exhaust all possible means to conserve and develop our patrimony, without resorting to war. The significance of Philippine Independence Day commemorated every June 12 should inspire us to do so.
We must never lose sight of the fact that future generations of Filipinos deserve and are entitled to the benefits of our patrimony — WPS is rich in fish, oil, gas and other mineral and aquatic resources worth several trillions of dollars when explored and developed.
The arbitral award is undoubtedly highly significant. It declared as baseless the 9-dash line claim of China in practically the entire South China Sea, including over 3/4 of the WPS. It also determined that China violated the United Nations Convention on the Law of the Seas (UNCLOS) and the Philippines’ sovereign rights in WPS by massive fishing, bullying of Filipino fishermen, environmental destruction, and building artificial islands with airport and seaports, conducting maritime surveys, among others.
Filipinos have overwhelmingly expressed their strong desire, based on surveys since 2017 to enforce the Award and to resolutely oppose China’s continuing violations in the WPS. Unfortunately, UNCLOS, has no enforcement mechanism. Bilateral talks with China to enforce the Award have proven ineffective. And all the diplomatic protests, more than 300 already, have not stopped China’s incursions.
Thus, it is necessary to resort to other measures. The Alliance for Life and the Law of the Sea which I helped form last year has proposed the following unified, multi-pronged, and whole-of-country strategy, subject to further enhancement:
A. Civil society and education
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Civil society organizations (CS0s) must educate members on significance of EEZ, continental shelf, UNCLOS, and the Award through webinars, symposia, and town hall meetings organized at regional, provincial, city, town, and barangay levels, in cooperation with local government units.
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CSOs must form alliances with international counterparts to enlist support for UNCLOS and the enforcement of the Award, leading to the creation of a Global Alliance for Life and the Law of the Seas.
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Department of Education and the Commission on Higher Education must include the West Philippine Sea, EEZs, UNCLOS and the AWARD as part of mandatory study of the Philippine Constitution in high school and college, to ensure that Filipinos are more aware of Philippine territory and national patrimony.
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Institutions such as media, church, and business, must promote awareness and knowledge about UNCLOS and the Award in their spheres of influence.
B. Economic
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With legislation from Congress, appropriate departments of government must assert our sovereign rights over the EEZ by inviting joint-venture partners to exploit and develop oil, gas and other resources in the WPS, as well as the Philippine Rise (Benham Rise). There must be no monopoly by one country in the exploration and development of our EEZs.
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Philippine Navy and Coast Guard must show a pro-active assertion of our sovereign rights by protecting Filipino fishermen from being bullied by foreign fishermen or armed militias in the WPS.
C. Political and diplomatic
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Department of Foreign Affairs (DFA) must continue filing appropriate diplomatic protests every time our sovereign rights are violated, and to initiate actions to rally the world’s governments to respect UNCLOS and enforce the Award.
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DFA, in consultation with Congress and experts, must conduct an in-depth study on the propriety of filing a resolution before the UN General Assembly and other international bodies to call for compliance with the Award.
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Department of National Defense (DND) must join Freedom of Navigation Exercises by world powers and organize the same among ASEAN countries with overlapping claims in the South China Sea.
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DND must formulate a contingency plan to prepare and train able-bodied citizens, especially reservists, to help defend the state should the country's sovereignty and sovereign rights be threatened.
With fortitude and determination, we must summon the patriotic spirit imbued in us, and confront the formidable challenge to our sovereignty and sovereign rights. Let us together rekindle the soul of our nation through our firm resolve to stand our ground for the sake of our dear Motherland.
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