OPINION | Make public the Philippines-China deal

July 22, 2024 , 08:24 PM

By Manny Mogato

(July 22, 2024) – Weeks after senior officials from the two foreign ministries met for bilateral consultation on the South China Sea, the Philippines announced a deal was reached to de-escalate tension in Ayungin Shoal.

On a humanitarian note, the Department of Foreign Affairs revealed that China had permitted the Philippine military to deliver food and fresh water to a few troops stationed on BRP Sierra Madre, enduring harsh conditions.

Security officials said the Philippines need not ask permission from China to deliver supplies and would prefer local troops to resupply without outside assistance. This preference extends to the United States, as the Philippines aims to maintain its independence in the dispute.

However, China’s foreign ministry had a different statement about the meeting. The two sides appeared to insist on their positions about the West Philippine Sea dispute.

In response to media queries about the meeting, a Chinese foreign ministry spokesperson said Beijing maintained its undisputed sovereignty over Ayungin Shoal, demanding Manila pull out of the grounded naval transport.

Beijing also wanted to monitor Manila’s rotation and resupply (RORE) missions at Ayungin Shoal and prohibited the transport of construction materials to repair and reinforce BRP Sierra Madre.

However, the Chinese foreign ministry spokesperson made a mistake when he said the Philippines violated the Declaration of Conduct of Parties in the South China Sea (DOC) when it occupied Ayungin Shoal.

The DOC was signed by China and the ten-member Association of Southeast Asian Nations in Phnom Penh in 2002.

The DOC prohibits new construction and new occupation of features. However, the Philippines occupied Ayungin Shoal in 1999 before the DOC took effect.

Of course, Manila also disputed China’s foreign ministry statements, insisting the Philippines has sovereign rights and jurisdiction over Ayungin Shoal based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS), a critical international agreement that governs the use of the world’s oceans and seas.

It also rejected China’s demand to tow away BRP Sierra Madre, a World War II vintage warship, from the submerged shoal and monitor its RORE missions.

Manila also wants Beijing to refrain from monitoring the RORE missions.

Based on the conflicting statements, there appeared to be no movement in the negotiations to settle the dispute amicably.

The Philippines and China are still poles apart on the South China Sea dispute. China claims almost the entire South China Sea based on its historical nine-dash-line.

China’s claim has no legal basis. It is excessive and illegal and was repudiated by the 2016 arbitral ruling in The Hague.

Beijing refused to honor the legal ruling despite being a signatory to the 1982 UNCLOS.

On the other hand, the Philippines’ jurisdiction over the West Philippine Sea was based on UNCLOS.

Therefore, the Philippines and China only agreed to disagree on the South China Sea position based on the conflicting statements issued by the two foreign ministries.

To help clarify things, the Philippines and China must disclose the contents of the agreement reached at the July 2 meeting.

Otherwise, the deal would still be confusing, similar to an earlier “gentleman’s agreement” between former Philippine president Rodrigo Duterte and China’s President Xi Jinping.

The public has the right to know about any deal between the two sides because their lives will be affected if anything goes wrong in disputed waters.

In a democracy like the Philippines, transparency is essential. The people have the right to know.

*The views expressed by the columnist do not necessarily reflect that of the media organization.

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