'Friendly understanding' behind unmolested fishing, but PH retains rights under PCA ruling - NSA

From InterAksyon (Oct 31): 'Friendly understanding' behind unmolested fishing, but PH retains rights under PCA ruling - NSA

 The Philippines and China have reached a "friendly" understanding allowing Filipinos to fish around a disputed shoal seized by Beijing in 2012, a senior aide to President Rodrigo Duterte said Monday.

However, national security adviser Hermogenes Esperon said, the Philippines' rights as cemented by the July 12 ruling of the Permanent Court of Arbitration (PCA) stands; and is not being pushed as part of the current priority given to quickly restoring the fishermen's ability to return to rich fishing grounds off Luzon's western coastline, in the Scarborough (Panatag) Shoal.

Duterte negotiated the understanding during his recent meeting in Beijing with Chinese President Xi Jinping, said Esperon.

As a result, he said, in recent days Filipino fishermen have been able to fish unmolested at Scarborough Shoal in the South China Sea while Chinese government vessels have patrolled nearby.

The UN arbitral court had ruled against China’s excessive “9-dash line” claim in the South China Sea, which covers a big portion of the West Philippine Sea (WPS). The fishing grounds at Panatag are well within the 200-nautical mile exclusive economic zone (EEZ) as provided for by the United Nations Convention on the Law of the Sea (UNCLOS).

Asked in a phone interview if President Rodrigo Duterte took up the issue of the PCA with President Xi Jinping during his recent visit in China, Esperon said that while Duterte did not push the envelop completely as far as asserting Manila's rights is concerned, “when we go to another round of talks we will again assert it.”

There had been speculations about what transpired in the meeting between Xi and Duterte, but Esperon assured Filipinos the President will always stand by his sworn duty to defend and protect the country.

After the China visit, there were reports the Chinese Coast Guard has been allowing Filipino fishermen to enter and fish inside the Panatag (Scarborough) Shoal, which they blockaded since April 2012, when they figured in a standoff with the Philippine Navy.

The government also reported that warships of the Chinese Navy had already left the shoal -- a claim later disputed by a Department of National Defense spokesman, who said the Chinese Coastguard boats were still there: it's just that they were not moving to block or harass the Filipino fishermen, as they have done the past four years.

Panatag is just 124 nautical miles off the coast of Masinloc, Zambales.

Esperon noted that Duterte's visit had eased tensions between the two countries. He described this as a “win-win” situation.

“Win-win pareho but this is not to say that we have dropped our claim because we have asserted it also, the President reiterated it,” he said.

Pressed what rally transpired between Duterte and Xi, Esperon said both asserted their country’s historical rights over the disputed seas.

“They didn't dwell at length on the subject matter because they tackled several other things, so there was no agreement. I don't know about their other agreements but our President believes our fishermen won't be touched since the matter was also brought up,” he said.

“Although the two presidents were not able to come up with a resolution on the disputed territories  . . . why allow yourselves to be in that confrontational position when you can talk about economic relations, trade relations?” Esperon explained.

'Friendly understanding'

In short, he explained, the Philippines and China have reached what may be characterized as a "friendly" understanding allowing Filipinos to fish at Panatag.

"The coastguard of China is there, but their navy is gone. And now, our fishermen are no longer being accosted, no longer being forced out, so we can say things are now friendly," he added.

Chinese foreign ministry spokeswoman Hua Chunying acknowledged some changes.

"The Chinese side has continuously exercised normal jurisdiction over Huangyan Island, and the situation has not changed," she said in Beijing, referring to the shoal by its Chinese name.

"Relations between China and the Philippines have comprehensively improved, and under such a situation, China has already made some proper arrangements with regards to issues of concern to President Duterte."

China took control of Scarborough Shoal, 230 kilometres (140 miles) west of the main Philippine island of Luzon, in 2012. It had been driving away Filipino fishermen from the rich fishing ground, sometimes using water cannon.

But last weekend Filipino fishermen were once more able to fish at the shoal with the Chinese ships not interfering.

Esperon stressed that neither country dropped its claim to the shoal, with China insisting on its "historical rights".

China claims most of the South China Sea despite partial counter-claims by the Philippines, Brunei, Malaysia, Taiwan and Vietnam.

Esperon said Duterte's position was that the Philippines also had "historical rights," and that it was also bolstered by an international tribunal ruling in July that there was no basis for China's claims to most of the South China Sea.

He said the two leaders decided to sidestep the issue to repair frayed ties.

"There is no talk on territorial rights, there is no talk on assertion of rights, but they respect our traditional rights," Esperon added.

Duterte's predecessor Benigno Aquino had brought the case before the international tribunal which resulted in the resounding victory over China.

Aquino's strong opposition to China's territorial claims strained ties with Beijing.

However Duterte, who was elected in May, has said he will not press the territorial issue and instead seek more aid and investment from China.

"There is no resolution, so why allow yourselves to be in that confrontational position when you can talk about economic relations, trade relations?" said Esperon.

"It is win-win for both but this is not to say that we have dropped our claim."

http://www.interaksyon.com/article/133846/friendly-understanding-behind-unmolested-fishing-but-ph-retains-rights-under-pca-ruling---nsa