FINDING ANSWERS

It’s been seven years since that momentous time in 2016 when the Philippines showed the world that a tiny and poor country can stand up to a rich giant and win a historic arbitration case. Last week’s anniversary of the landmark ruling of the Permanent Court of Arbitration in The Hague that invalidated China’s nine-dash line claim over the South China Sea brought in more expressions of support from many countries, including those in the European Union, which called the Arbitral Award a “significant milestone.” The Award is undoubtedly highly significant as it recognized the sovereign rights of the Philippines to exclusively explore and develop the natural resources in our exclusive economic zone (EEZ) and continental shelf in the West Philippine Sea (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, among many others. Based on various surveys since 2017, Filipinos have overwhelmingly expressed desire for the Award to be enforced, and to resolutely oppose China’s 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 of the Philippines have not stopped China’s incursions and harassment of Filipino fishermen in the WPS. Despite being an UNCLOS signatory like the Philippines, China refuses to recognize and follow the arbitral ruling. Thus, it is now necessary to resort to other measures to up the ante on the significance of the Award. And one of the measures I find laudable is the proposal of Sen. Risa Hontiveros, supported by majority of senators led by Senate President Miguel Zubiri, to bring the issue to the UN General Assembly. While bringing the issue before the UN General Assembly may not lead to something legally binding, it would provide many countries affected by China’s actions the opportunity to muster more international support. They can focus discussions on the adverse impacts of China’s behavior on freedom of navigation, regional security, and rights of coastal states that are being trampled upon. International support for aggrieved countries could potentially lead China to change behavior. 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 Senate proposal for the Department of Foreign Affairs to sponsor a resolution at the UN calling on China to stop its harassment can certainly be a major part of the strategy. The strategy also calls for our civil society organizations to highlight the significance of the Award, the EEZ, and UNCLOS. Alliances with international counterparts to enlist support for our cause must also be formed. Retired Supreme Court Justice Antonio Carpio is right in his call for a grand coalition with citizens of other nations to show that “people of the world are against the nine-dash line of China.” This grand coalition could even reach out to the Chinese people themselves and tell them that their communist government is wrong in its intrusions in the WPS. We need not go into a shooting war to assert our WPS rights. But we should wage war in other fronts – reaching out to other nations that despise the antics of China. Joining hands with the citizens and non-government organizations (NGOs) of other countries can form a very strong moral force against the Chinese government and Chinese Communist Party. A united Filipino citizenry can provide invaluable support to our government, knowing that government is obliged by the Philippine Constitution to assert our country’s rights in the WPS. The 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.” The rest of the world must know that the EEZ around the Philippine archipelago belongs to us, that the Arbitral Award invalidated China’s claims in the South China Sea. It is our sacred duty to uphold what is ours. Because our forefathers fought off powerful invaders, we who are beneficiaries of their sacrifices ought to do no less. We must exhaust all possible means, without resorting to war, to conserve and develop our patrimony for the sake of future generations of Filipinos. And crucial expressions of support from many countries ought to give us strength and courage to be relentless in fighting for our rights. (Email: [[email protected]](mailto:[email protected]))