FINDING ANSWERS

The suggestion of Sen. Francis Tolentino to recall the Philippine Ambassador to China as a way of expressing our country’s protest against China’s harassment in the West Philippine Sea (WPS) deserves serious consideration.

“This is us telling them that you’ve really gone overboard, to take notice because we have already filed hundreds of diplomatic protests,” Sen. Tolentino said in a radio interview on Sunday. But he stressed that it would not mean the Philippines was cutting diplomatic ties with China.

The latest incident according to a statement of the National Task Force–West Philippine Sea (NTF-WPS), occurred last Nov. 10 when Chinese Coast Guard (CCG) and Chinese militia vessels “recklessly harassed, blocked, and executed dangerous maneuvers in another attempt to illegally impede or obstruct a routine resupply and rotation mission to BRP Sierra Madre at Ayungin Shoal.”

“CCG vessel 5203 deployed a water cannon against Philippine supply vessel M/L Kalayaan in an illegal though unsuccessful attempt to force the latter to alter course," the NTF-WPS said.

“President Ferdinand Marcos Jr. commends the courage, commitment, and dedication to duty of the men and women of the Philippine Navy-Armed Forces of the Philippines and Philippine Coast Guard who go on these missions, placing their lives on the line in the service of the nation,” the NTF-WPS added.

It certainly is reassuring to know that our authorities, encouraged by no less than the commander-in-chief, are making a stand against the continued harassment, as well as ensuring an environment of transparency now exists to let the world know that our country is unwavering in protecting our interests at the WPS.

That we have sovereign rights in the WPS which comprises our exclusive economic zone is affirmed by the 2016 Arbitral Award which declared as baseless the claim of China to practically the entire South China Sea, including over three-fourths of the WPS.

The historic Award determined that China violated the United Nations Convention on the Law of the Sea (UNCLOS) and the Philippines’ sovereign rights in WPS by massive fishing, harassment of Filipino fishermen, building artificial islands with airport and seaports, and environmental destruction, among others.

The news of degradation of the marine environment in the WPS that went viral two months ago was really disturbing especially because present and future generations of Filipinos deserve and are entitled to the benefits of our patrimony in the WPS, to all its aquatic and mineral resources.

The environmental destruction in the WPS resulting from the massive damage and loss of coral reefs — necessary for various species of fish to flourish — certainly threatens our food security.

Thus, we ought to fully support our government in its obligation to protect our patrimony. The Philippine Constitution’s Article 12, Section 2 states: “The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.”

Besides Sen. Tolentino’s proposal, another suggestion that deserves merit is that of former Solicitor General Francis Jardeleza who said the Philippine Government, through the Office of the Solicitor General, can file another case before a UN tribunal to seek damages for all the harassment, aggression, and illegal actions in the WPS, including the laser-pointing and water cannon incidents.

He said filing a case is not just about seeking compensation, but to “deter future untoward incidents” at Ayungin Shoal during the constant resupply missions for our troops at BRP Sierra Madre, and also at the Reed Bank which is believed to contain vast amounts of natural gas that can replace the dwindling fuel resources from Malampaya.

It is unfortunate that UNCLOS has no enforcement mechanism. Bilateral talks with China to enforce the Arbitral Award, as well as the hundreds of diplomatic protests we filed have proven ineffective to stop the incursions.

Thus, it is necessary to resort to other measures. The Alliance for Life and the Law of the Sea which I helped form in 2021 has proposed a unified, multi-pronged, and whole-of-country strategy to fight off transgressions in the WPS.

The strategy also calls for our civil society organizations (CSOs) to educate members on the significance of the EEZ, 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.

CSOs must also form alliances with international counterparts to enlist support for our cause, leading to the creation of a Global Alliance for Life and the Law of the Seas.

Also, the Department of Education and the Commission on Higher Education must include WPS, EEZ, UNCLOS and the Arbitral Award as part of mandatory studies in high school and college, to ensure that Filipinos, including future generations, are more aware of our national patrimony.

Amid the continued disrespect for our rights in WPS, we need to up the ante in our unwavering stand to garner and sustain more worldwide support for our cause. ([email protected])