PRESIDENT Aquino indicated on Tuesday his determination to press for international action against China’s continuing aggression in the West Philippine Sea (South China Sea) in blatant violation of an existing Declaration of Conduct (DOC) on the South China Sea, citing ongoing Chinese construction of runway facilities at Mabini Reef that it recently occupied, which is well within Philippines territory.
“In putting up these facilities, the reclamation work they are doing at Mabini Reef really constitutes violation of both the spirit and the letter of the DOC, which was agreed upon in 2002,” Mr. Aquino said in an interview after attending the 216th Philippine Navy anniversary rites at a naval base in Palawan off the West Philippine Sea.
Mr. Aquino added: “And we brought this up and we will be bringing it up again before Asean and probably also in Itlos.” He was referring to the Association of South East Asian Nations (Asean) United Nations’s International Tribunal on the Law of the Sea.
The Philippines government, through the Department of Foreign Affairs, earlier filed a case to assert sovereignty over its territories, backed by 10 volumes of evidence called “memorial,” before the Netherlands-based Permanent Court of Arbitration, which handles issues under the United Nations Convention on the Law of the Sea.
On Tuesday President Aquino again invoked specific provisions of the DOC that China violated in building structures at Mabini Reef.
He read to reporters the DOC’s fifth declaration which states that “the parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including among others, refraining from action of inhabiting on the presently uninhabited island, reef, shoals, case and other features and to handle their differences into a constructive manner.”
Mr. Aquino said the ongoing Chinese construction projects at Mabini Reef are “a big violation” of the DOC. “No matter how good a lawyer is, one cannot defend the violation,” he said citing the prohibition against “inhabiting presently uninhabited” territories.
He recalled that during the recent Asean leaders dialogue in Myanmar (formerly Burma), he joined Vietnamese Prime Minister Nguyen Tan Dung of Vietnam in expressing “alarm” over increasing incidents of Chinese aggression in the region.
“We are alarmed by this and we join calls to abide by the provisions clearly stated in the DOC to avoid increasing tension in the region,” Aquino said, lamenting that “while everybody is saying we will conform to international law and everyone is talking about peaceful negotiations, we are getting worried why these developments are still happening,” referring to the reported Chinese encroachments in neighboring territories.
“But having said that, of course, we are watching everything that is happening. We are getting the right lessons and these are being studied by our Armed Forces, the Coast Guard and other concerned agencies who are looking at possible scenarios and appropriate responses,” Aquino assured. “Now, if I tell you the response, ‘like giving away the game plan to those who see things differently from us. So, let us just keep our contingency plans confidential for the meantime,” he said.
http://www.businessmirror.com.ph/index.php/en/news/nation/32823-aquino-mulls-over-itlos-options-vs-china-s-aggression-in-west-philippine-sea
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