AMID Manila’s protests over the “swarming” of Beijing’s militia boats in the West Philippine Sea and the latter’s imposition of a “fishing ban” which Manila has ignored, the two Asian countries held a friendly and candid exchange on the situation and specific issues of concern in the South China Sea, the Department of Foreign Affairs (DFA) reported at the weekend.
At the 6th Bilateral Consultation Mechanism (BCM) virtual meeting recently, the DFA press statement said, “there was mutual recognition of the importance of dialogue in easing tensions and understanding each country’s position and intentions in the area.”
For two months starting in March, the DFA sent scores of notes verbale to the Chinese embassy in Manila, protesting the presence of more than 200 Chinese maritime militia vessels in the contested areas of the West Philippine Sea.
However, former Ambassador to Malaysia and Singapore, Alberto Encomienda, raised this question at the weekend: if this is the 6th meeting of the BCM since 2016, “what have this BCM been discussing in the past?” He noted this is an annual meeting set up as a platform for dialogue on the expanding bilateral relationship between the Philippines and China.
“This is the most important platform and this is the time for the Philippines to present our side,” he said, noting the numerous protests the DFA sent to the Chinese Ambassador to the Philippines, Huang Xilian.
“We sent a note for every incident, so what have we offered to the BCM for purposes of managing issues and addressing difference, none?” Encomienda asked.
At the same time, Encomienda said the BCM is also the platform where the country can straighten the narrative for managing issues and practical cooperation. “What happened in those two areas?”
Invoking the Permanent Court of Arbitration (PCA) ruling in 2016, the Philippines claims sovereign rights to exploit the resources within the country’s exclusive economic zone (EEZ), which include the various features in the contested waters.
On the other hand, China claims sovereignty over most the South China Sea based on what it calls its historic rights, which was deemed illegal by the Arbitral Ruling.
Both sides acknowledged the importance of addressing differences in an atmosphere of openness and cordiality to pave the way for practical cooperation and initiatives.
According to the DFA, the Philippines reiterated at the recent BCM forum its long-standing call for full respect and adherence to international law, including the 1982 United Nations Convention on the Law of the Sea (Unclos) and its authoritative interpretation and application—the final and binding 2016 South China Sea Arbitral Award.
The Philippines highlighted the progress made in the settlement of the Gem-Ver allision issue involving a Philippine fishing boat and a Chinese vessel.
It was left to the Department of Justice (DOJ) to seek just compensation for the victims in negotiations slated in June, the DFA said.
Encouraged by the positive momentum in the bilateral relations of the two countries, the three working groups of the BCM (political-security, fisheries cooperation, and marine environmental protection/marine scientific research) discussed common issues and possible areas of cooperation.
The BCM is a bilateral forum established by Duterte and Chinese President Xi Jinping during their 2016 meeting. It was envisioned as a platform for dialogue on the expanding bilateral relationship between the Philippines and China.
It has served as a confidence-building process for both sides to manage and address differences, to promote practical maritime cooperation and environmental protection, and to enhance mutual trust and confidence.
Foreign Affairs Acting Undersecretary for Bilateral Relations and Asean Affairs Elizabeth P. Buensuceso and Chinese Assistant Foreign Minister Wu Jianghao led their respective delegations.
The Philippine delegation included officials from the Bureau of Fisheries and Aquatic Resources (BFAR), Department of Environment and Natural Resources (DENR), National Security Council (NSC), Department of National Defense (DND), Philippine Coast Guard (PCG), Department of Justice (DOJ), and other key agencies.
Buensuceso stressed the importance of other complementary bilateral and multilateral platforms in maintaining regional peace and stability such as the Asean-China Dialogue Relations, the Asean Regional Forum, and the East Asia Summit.
Both sides reiterated the importance of the full and effective implementation of the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC), and their commitment to the early conclusion of an effective and substantive Code of Conduct in the South China Sea (COC).
China and the Association of Southeast Asian Nations have agreed to finish the two-decade old COC in 2020, but the Covid-19 pandemic delayed the process.
The Philippines currently serves as Country Coordinator of the Asean-China dialogue mechanism.