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DFA: China’s 9-dash claim crux of the problem in Spratly islands tensions

By PATTY MALUTO

AMID increasing political and maritime security tensions, Foreign Affairs Secretary Albert del Rosario on Friday said that China’s 9-dash claim is the “crux of the problem” that poses a stumbling bloc to the resolution of the West Philippine Sea (South China Sea) territorial dispute.

In a speech that will be delivered at the Ateneo de Manila University’s Department of Political Science at 4pm today, August 5, del Rosario said that while there are certain progress in the path to settle the dispute, Beijing’s 9-dash claim over all of the West Philippine Sea continues to create animosity between claimant-countries.

“China’s 9-dash line claim… presents a game changer. We see 9-dash as the crux of the problem. For how can we exact conduct from a party which claims full sovereignty over everything?” del Rosario said.

The 9-dash line, or “ox tongue” line for Vietnam, represents the nine dashes found in old Chinese maps that purportedly mark’s Beijing’s claim over the whole 1.7-million kilometer area of the West Philippine Sea.

This is the same basis that China used in denying alleged Chinese intrusions in the Philippines’ 200-nautical mile Exclusive Economic Zone from February to May this year.

For the Chinese side, military activities in the area are well within China’s right as it holds full sovereignty over the region.

The Philippines, along with Vietnam, Indonesia and Malaysia, already protested the 9-dash claim before the United Nations.

“The Philippines contends that the 9-dash claim of China… to put it plainly, illegal. It is arbitrary and bereft of any basis or validity under international law, specifically the United Nations Convention on the Law of the Sea or UNCLOS,” del Rosario said.

Del Rosario, a former Philippine ambassador to the United States also warned the international community that China’s “baseless” claim would not only adversely affect Manila’s sovereign rights and jurisdiction, but that “it would also potentially threaten the freedom of navigation and unimpeded commerce of many other nations.”

Over the past months, the Philippine government protested at least seven alleged Chinese intrusions in the Philippines-claimed part of the region—particularly within the 85 nautical miles from the nearest island of Palawan where the Philippines still exercises full sovereign rights under the UNCLOS.

Beijing, on the other hand, denied such allegations.

Shortly thereafter, the Foreign Affairs chief proposed for the dispute to be brought before the United Nations-backed International Tribunal on the Law of the Seas.

China maintained that it will only negotiate with claimant-countries on a bilateral level.

The Asian superpower, however, showed its willingness to settle the dispute when it agreed to the final draft of the guidelines on the implementation of the 2002 Declaration on the Code of Conduct (DOC) during the Association of Southeast Asian Nations (Asean) regional forum held in Bali, Indonesia last July.

A non-binding edict, the DOC was signed in 2002 by China and Asean member-countries to reduce political tension in the region.

After nearly a decade, the signatories have reached a consensus on the implementing guidelines of the DOC.

Del Rosario though questioned Beijing’s sincerity, and said that the guidelines lacked “teeth” to ensure that increasing Chinese military activities in the region will soon cease.

He said that a “rules-based approach is the only legitimate way in addressing the dispute.”

“Where there are disputes, rules provide an effective and authoritative tool for peaceful and fair resolution,” del Rosario stressed.

Aside from the rules-based approach, the DFA chief also proposed for a cooperative framework for managing disputes, called the ASEAN-China Zone of Peace, Freedom, Friendship and Cooperation, or ZoPFFC.

“Under the ZoPFFC, we propose that the disputed relevant features in the West Philippine Sea be segregated from the undisputed waters in accordance with international law, specifically the UNCLOS,” del Rosario said.

“The undisputed areas could be developed in accordance with domestic laws, while the disputed areas could be transformed into areas for joint cooperation and development,” he added.

The West Philippine Sea is home to the disputed Spratly Islands, which is believed to hold vast resources of gas, oil and minerals.

It is being claimed in whole by China and in part by the Philippines, Vietnam, Taiwan, Malaysia and Brunei.

“We are resolved to hold sacrosanct the primacy of international law, which levels the playing field between strong and weak countries,” del Rosario said.

He added that as the Philippines renounces war as an instrument of national policy, it also adopts the generally accepted principles of international law and “adheres to the policy of peace, equality, justice, freedom, cooperation, and amity with all nations.” (OFW Journalism Consortium)

DFA: China’s 9-dash claim crux of the problem in Spratly islands tensions

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