Palace on arbitral ruling: ‘We have done all we could’

Posted to the Philippine News Agency (Jul 12, 2021): Palace on arbitral ruling: ‘We have done all we could’ (By Azer Parrocha and Filane Mikee Cervantes)

The Duterte administration has done all that it could to assert the Philippines’ rights in the West Philippine Sea (WPS), Malacañang said on Monday.

Presidential Spokesperson Harry Roque made this remark as the country commemorates the fifth anniversary of the historic arbitral ruling in The Hague, Netherlands which affirmed the Philippines' territorial claims covered by the country’s exclusive economic zone (EEZ) against China.

“We have done all that we could, given the absence po of an enforcement mechanism under international law,” he said in a press briefing in San Juan City.

He said President Rodrigo Roa Duterte affirmed the 2016 PCA verdict against China’s expansive maritime claims in the South China Sea during the 75th Session of the United Nations General Assembly (UNGA) in New York on Sept. 23, 2020.

“Dahil wala pong pulis na magpapatupad niyan, ginawa na po ng gobyerno ang lahat ng hakbang para nga po magkaroon ng buhay iyang desisyon na iyan kasama na po iyong pagtatalumpati ng Presidente sa ating UN General Assembly na sinabi niya na kabahagi na po ng international law ang arbitral decision na iyan (Since there is no police to enforce that, the government has taken all the steps to bring its decision to life, which was also included in the President's speech at the UN General Assembly in which he said that arbitration decision is already part of international law),” he said.

Roque acknowledged the importance of commemorating the country’s arbitral win which covers the maritime territory.

“Bagama’t dapat talagang ipagdiwang iyang panalo nating iyan, tuloy pa rin po ang pinag-aagawang teritoryo dahil ang naapektuhan lang po ng desisyon ay iyong isyu na related sa karagatan (Although we should really celebrate that victory, the territorial dispute will continue because the only thing affected by the decision is the issue related to the sea),” he said.

Since the sea dispute has yet to be resolved, Roque emphasized the importance of promoting close trade and investment relations between the Philippines and China.

“Patuloy pa rin po ang pag-aagawan ng teritoryo, at ang importante po ay habang hindi nareresolba itong pinag-aagawang teritoryo ay isantabi po muna iyan at isulong ang pupuwedeng mga isulong sa larangan ng kalakalan at pamumuhunan (The territorial dispute is still ongoing, and the important thing is that while this dispute has yet to be resolved, it should be set aside first and make possible advances in the field of trade and investment),” he added.

In his speech delivered before UNGA, Duterte said the ruling is “now part of international law, beyond compromise and beyond the reach of passing governments to dilute, diminish, or abandon.”

Duterte said his administration also rejects attempts to “undermine” the sea ruling that favors the Philippines.

On July 12, 2016, the Philippines won the arbitration case it lodged against China after the PCA in The Hague, Netherlands invalidated Beijing's nine-dash line claim that covers nearly the entire South China Sea.

China refused to acknowledge the arbitral ruling and instead ramped up its militarization.

Apart from the Philippines and China, Brunei, Malaysia, and Vietnam are also laying claim to parts of the contested sea.

Free to fish

Meanwhile, Roque disputed claims that Filipino fishermen are being prevented by Chinese vessels from fishing in the Scarborough Shoal.

“I dispute that. Ako lang naman ang tumayong abogado ng mga mangingisda galing sa [Bajo de] Masinloc, galing sa iba’t ibang bahagi po ng Pangasinan. At alam ko po, I have personal knowledge na halos lahat po sila ay nakabalik na sa kanilang hanapbuhay lalung-lalo na diyan po sa Borough. So I dispute that (I dispute that. I happen to have stood as counsel for fishermen from Masinloc and other parts of Pangasinan. And I know, and I have personal knowledge that almost all of them have already returned to their livelihoods, especially in Scarborough. So I dispute that),” he said.

Despite this, he said he will look into concerns made by fisherfolk groups.

“I will again ask the local officials in the relevant communities to verify if the fishermen are excluded from pursuing their livelihoods in Borough because I regularly do so and all the reports that I have received indicate that they are continuing their livelihoods in Borough,” he added.

Roque also urged fishermen to file complaints to confirm that they continue to experience harassment.

“Dapat magreklamo po ang mga mangingisda nang mabigyan ng kumpirmasyon. Dahil bilang abogado, wala naman po kaming mga personal na knowledge tungkol diyan; kinakailangan maimbestigahan (Fishermen must file complaints so that they can be confirmed. Because as a lawyer, we have no personal knowledge about that; needed to be investigated),” he said.

He also reassured them of the Philippine Coast Guard's continued protection.

“Patuloy po ang order ng ating Pangulo, na ang ating Coast Guard ay maglayag diyan sa ating karagatan at protektahan ang ating mga mangingisda at paalisin ang mga mangingisdang mga dayuhan na hindi pupuwedeng mangisda sa ating Exclusive Economic Zone (Our President's order stands, that our Coast Guard sail there in our ocean and protect our fishermen and expel foreign fishermen who are prohibited from fishing in our Exclusive Economic Zone),” he added.

WPS Victory Day

On July 7, Deputy Speaker Rufus Rodriguez filed House Resolution No. 1975 urging Congress to declare July 12 of every year as National West Philippine Sea Victory Day.

He said it is very important for the government to ensure that the country's landmark legal success in The Hague “be kept alive in the hearts of our people, despite others believing that it is a hollow victory.”

“The WPS is exceptionally biodiverse, and contains numerous species of fish, echinoderms, mangroves, seagrasses, giant clams, and marine turtles, including those considered vulnerable or endangered, and vast coral reefs,” he said.

https://www.pna.gov.ph/articles/1146793