Philippines And China Quarrel Over South China Sea At Munich Security Conference – OpEd

Representatives from the Philippines and China quarreled on Feb. 16 over the South China Sea during a roundtable discussion at the 61st Munich Security Conference, the ABS-CBN News website reported.

Speaking at the “Making Waves: Maritime Tensions in the Indo-Pacific” roundtable, Foreign Affairs Secretary Enrique Manalo asserted the Philippines remains steadfast in defending the rules-based international order and the rule of law, in particular the United Nations Convention on the Law of the Sea (UNCLOS).

“The basic issue here is that we are following international law. Whenever the Philippines undertakes any kind of activity within our exclusive economic zone, as defined by UNCLOS, we feel we are within our rights. But when another country, let’s say, applies its own domestic laws to certain areas within our [exclusive economic zone], then it really does create the kind of tension that we have been experiencing, especially over the last two years,” the ABS-CBN News reported quoting Manalo as saying during the roundtable.

He said countries who have signed agreements such as UNCLOS should abide by these agreements. 

“If this is not the case, then the rich, the powerful, who will actually be in a position to assert their own laws against the weaker countries, I believe then we’re in for a period of even greater tension,” Manalo noted.

However, former Chinese vice-foreign minister Fu Ying said China cannot agree for the Philippines to occupy Second Thomas (Ayungin) Shoal and Sabina (Escoda) Shoal “because that is a violation of the Declaration on the Conduct of Parties in the South China Sea.”

“Everybody signed to it. I remember that language, not to make more moves, that language was watered down with the Filipino request in order for the Philippines to also sign up,” the ABS-CBN News reported quoting Ying as saying.

“So we all agreed, if the Philippines can take new rocks, how can you stop others? How can you stop China from taking more? We are capable, there is no problem. But we are exercising constraints because we are committed to this DOC. So that’s a red line no one should be allowed to cross.”

The former diplomat also lambasted U.S. intervention in territorial disputes, saying China has always had to balance both defense of its sovereignty and protection of regional peace.

“What concerns China now is the shadow of U.S. behind the claimants that alerts the Chinese side. There’s a greater concern about losing the territories. We can, we cannot lose them, we have very strong position on ownership. But we, as one of the major countries in the region we have to take responsibility about the regional stability, so we have to constrain ourselves,” Ying said.

As with previous statements from China’s Ministry of Foreign Affairs, Ying also questioned the 2016 Arbitral Award.

“According to the Law of the Sea, one can go to arbitration on conditions. First, you should have exhausted the negotiations and that the issue be balanced. And the Philippines didn’t even tell us they went to arbitration and the result is very one-sided. And according to the Conventional Law, arbitration is not final, it can be challenged,” Ying said.

Ying also insisted that Chinese military ships “operate quite professionally.” But Philippine Secretary Manalo was quick to refute all claims by Ying.

“In 2023 and 24, the Philippine Coast Guard vessels experienced a number of incidents of ramming, water cannoning, even the use of laser. Our desire was that perhaps we could behave professionally…We use the mechanisms provided for by the IMO and not resort to water cannoning or ramming…by using these kind of tactics, we only raised tensions,” ABS-CBN News reported quoting Manalo as saying.

Manalo also pointed out the significance of the 2016 Arbitral Award.

“It’s clear that the Arbitral Award of 2016 is legally binding, it’s part of international law and our only hope is that one day, China can abide by the Arbitral ruling, it would certainly ease tensions,” Manalo said.

U.S. Senator Christopher Coons, a member of the U.S. Senate’s Committee on Foreign Affairs, meanwhile was questioned, why the U.S. is not a signatory to the UNCLOS.

“I think the UN Convention on the Law of the Sea is an excellent convention, one who’s ratification I have supported, as have many senators. But the larger point is that the tradition globally, and for decades, of making sure that the seas are open for commerce has been a foundation of our role globally and many of our partners and allies in making sure that territorial claims and disputes between other nations doesn’t interfere with free commerce globally,” the ABS-CBN News reported quoting Coons as saying.

Despite this, Coons reiterated the U.S. commitment to maintaining peace and stability in the Indo-Pacific region, where 40 percent of global trade is concentrated. He also expressed confidence in the Philippine-U.S. alliance.

“The U.S. Philippines relationship remain strong, is rooted in a shared history and shared values, and I don’t think there’s any reason for the Republic of the Philippines to be concerned by some recent statements or events at this conference or this week. I do think we need to reassure our allies here in Europe and around the world that American commitments can be counted on and more than an occasional speech here or there, I think our actions are the way we will be judged in that regard,” Coons said.

In a separate development, a Chinese navy helicopter flew within 10 feet (3 meters) of a Philippine patrol plane on Feb.18 in a disputed area of the South China Sea, as the Filipino pilot warned by radio: “You are flying too close, you are very dangerous.”

The helicopter was attempting to force a Cessna Caravan turbo-prop plane belonging to the Philippine Bureau of Fisheries and Aquatic Resources out of what China claims is its airspace over the hotly disputed Scarborough Shoal off the northwestern Philippines.

Increased Chinese coercion against the Philippine naval vessels and aircraft in the South China Sea and slow progress in negotiations on a Code of Conduct (COC) have intensified tensions between the Philippines and China.