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On WPS conflict, ‘Trillanes cut deals’
Amid the guessing game started by China on who the unnamed President was who promised to remove the BRP Sierra Madre from Ayungin Shoal, Chief Presidential Legal Counsel Juan Ponce Enrile has pointed to a former senator as the culprit. “I haven’t heard from previous presidents that they promised to remove the Sierra Madre, but what I know is that the late President Benigno Aquino III did some backchanneling, and his backdoor agent was former Senator Antonio Trillanes IV,” Enrile said. He added: “Trillanes bypassed then Ambassador Sonia Brady in negotiating with China, and his only credential was he rode in a Philippine Navy boat when he was in the military service.” “The subject of the backchanneling was the Scarborough Shoal standoff, but Trillanes was deceived by the Chinese. The Philippine vessels withdrew from the area of the deadlock, but China stayed put,” he recalled. 2012 Senate skirmish Then-senator Enrile and Trillanes had a confrontation in September 2012 over the government’s covert negotiations with China that Aquino had assigned to Trillanes. In a face-off on the Senate floor, Enrile produced the so-called Brady notes, a report on the discussions between the ambassador and Trillanes on the backchanneling mission. During his several engagements with Chinese officials, Enrile quoted the Brady notes as saying that Trillanes indicated that Filipinos needed more interest in the conflicting claims in the region. Enrile said the Brady notes stated that Aquino was not made fully aware of the details of Trillanes’s actions, and there was a point when the President did not know the talks were suspended for two weeks and that Trillanes was acting on his own. “And for whom? Whose interest was he serving?” Enrile asked. While admitting that it was the prerogative of Aquino as Commander-in-Chief to resort to backchannel talks, designating Trillanes was a huge mistake, he said. “Trillanes should have been discreet, and he should have brought along an embassy representative to record the event. Trillanes thought he was James Bond. That should not have been allowed,” Enrile said. “A person entrusted by the President with a mission must first exercise discretion. When you go to a country to deal with a foreign power, you must notify the embassy,” he said. “Trillanes should have notified the embassy to alert them that he was there on a mission, and he should have brought along at least one responsible official,” he added. He continued: “Everybody should have known that international law already provided the way to settle the dispute, which was the United Nations Convention on the Law of the Sea, but which China did not respect.” “China based its claims not on international law but on its might. We should have a counter-balancing force,” according to Enrile. “We should not rely solely on the assistance of other nations; we should keep building up our military assets.” “We should also be prepared, and one way to do that is to require all young Filipinos to undergo training to defend the country.” “Only Filipinos can fight for their country; nobody else can do the fighting for you,” Enrile stressed. False narrative Meanwhile, China was accused of using deception in its sea maneuvers when it tried to block a resupply mission to Ayungin Shoal on 7 September. Armed Forces of the Philippines spokesperson, Col. Medel Aguilar, at the weekly Saturday News Forum in Quezon City, said the Philippine Navy offered to help a Chinese rubber boat in distress near Ayungin Shoal. “Our troops offered assistance, but the Chinese refused and another boat came to their rescue,” Aguilar said. He said one of the Chinese rigid hull inflatable boats had gotten entangled in a fishing line while it was tailing the Philippine vessels heading to Ayungin to resupply the troops there. Aguilar said that while the Chinese boat’s refusal to accept aid from Philippine forces was expected, what surprised the troops was Beijing’s radio call where they blamed the Filipinos for the incident. “They had the guts to challenge our radio message. ‘Philippine Coast Guard, because of your maneuvers, the Chinese Coast Guard vessel came into problem,’” he quoted the Chinese as saying. Aguilar said this was another narrative the Chinese would tell their people. “After this incident, they will come up with their narrative to tell their people about what happened,” Aguilar said. “We don’t want the truth to be drowned out by what really happened,” he added. Misplaced bullying Aguilar described the China Coast Guard’s behavior as “misplaced bullying” amid its continued aggression in Philippine territorial waters. “The CCG is a misplaced bully in the WPS,” Aguilar said. Meanwhile, Commodore Jay Tarriela, PCG spokesperson, said several CCG ships and maritime militia vessels tried to block the Philippine vessels and stop the resupply mission. “It is very important for the government, for us, to be more transparent about what is happening in the West Philippine Sea,” he said. “We face the media; we give them the true story. The media will play a very important role in curtailing this fake news that spreads every time the Chinese release their narratives.” He said China has been pushing the narrative that the Philippines is acting on behalf of the United States. Ayungin Shoal, which is part of the Kalayaan island group, is an integral part of the Philippines and is well within its exclusive economic zone and continental shelf, over which the country has sovereignty, sovereign rights, and jurisdiction. The BRP Sierra Madre has been grounded on Ayungin Shoal since 1999, where it stands as a symbol of Philippine sovereignty and on which a dozen Filipino Marines and sailors are holding the fort. The post On WPS conflict, ‘Trillanes cut deals’ appeared first on Daily Tribune......»»
Sabah claim report now in Palace
Solicitor General Menardo Guevarra said they have already submitted the study and report to President Ferdinand Marcos Jr. in connection with the Philippine claim on Sabah. This was disclosed by Guevarra when asked about the status of the study conducted by a team he created to look deeply into the international arbitral award that favored the heirs of the sultanate of Sulu. “The OSG submitted its comprehensive study and report to PBBM on the Philippine claim to Sabah and the arbitral award to the heirs of the sultanate of Sulu before the President visited Malaysia a few weeks ago,” said Guevarra in a message. Earlier, Guevarra has issued an assurance to the public that the team he created to look into an international arbitral award in favor of the heirs of the Sultanate of Sulu is deeply studying the matter. The team is studying legal and constitutional implications of the $14.92-billion award of a French arbitration court to the descendants of the last Sulu Sultan, Guevarra said. He said the OSG team is very deep in its study of the arbitral award in favor of the heirs of the Sultanate of Sulu in relation to the Philippine claim over Sabah. Guevarra told the DAILY TRIBUNE that he will let it know when the study already ripened as they started collating reference materials for the study, but the task would require a lot of manhours to complete. To recall, lawyers of the Sulu royal family have already served notice to seize $2 billion worth of assets of Malaysia abroad, including those of state-owned oil company Petronas, in line with the award. The Palace though has distanced itself from the claims of the heirs of the Sultanate of Sulu saying it does not see it as a matter impacting national sovereignty at the moment. The award stemmed from the agreement made by the Sultan of Sulu with a British trading company in 1878 for the exploitation of resources in Sabah in Borneo, which is currently under Malaysian control. Malaysia took over the regular payment to the heirs of Sabah after its independence from British rule. But in 2013, it decided to stop the payments altogether. The Malaysian government offered to resume the payments in 2019, but the offer was rejected by the heirs, who wanted to renegotiate the deal after fuel and oil resources were discovered in Sabah. The post Sabah claim report now in Palace appeared first on Daily Tribune......»»
JV: Not my father who made ‘deal’ to remove BRP Sierra Madre
Senator Joseph Victor “JV” Ejercito on Monday refuted claims that it was his father, former President Joseph “Erap” Estrada, who made an alleged agreement with China to remove the BRP Sierra Madre from the Ayungin Shoal. Ejercito said the claim that it was his father who committed to removing the BRP Sierra Madre from Ayungin Shoal is “impossible,” since it was Estrada who ordered the grounding of the World War II ship in the low-tide elevation. “That claim seems inconsistent. The mere fact President Estrada was the one who ordered the BRP Sierra Madre be grounded in Ayungin Shoal, it’s impossible he will commit to remove the same,” he told reporters in a Viber message. He also took a swipe against columnist Rigoberto Tiglao, who claimed it was his father who made such a commitment to China. “At least President Erap had the courage to fight for our sovereignty,” he said. “Unlike them who paved the way for NBN-ZTE, the first salvo of Chinese intrusions in our country,” he added, referring to the canceled National Broadband Network project with ZTE Corp., a Chinese telecommunications firm, during the time of former president Gloria Macapagal Arroyo, now Pampanga 2nd District Representative. Tiglao served as the former presidential spokesperson and Chief of Staff of Arroyo, who served as the 14th president of the Philippines following the ouster of Estrada during the second People Power Revolution or EDSA II in 2001. China is insisting on its territorial rights over the Ayungin Shoal, which is located 105 nautical miles west of Palawan and is part of the Philippines’ exclusive economic zone. It also claimed the Philippine government had repeatedly made promises to tow away the grounded BRP Sierra Madre from Ayungin Shoal. “Who was closer to China? Was it Erap? The VFA was in fact approved also during his time,” said Ejercito, referring to the Visiting Forces Agreement between the Philippines and the United States. According to the Department of Foreign Affairs, the Philippines decided in 1999 to deploy the BRP Sierra Madre as a permanent station on Ayungin Shoal in response to China’s illegal occupation of Panganiban Reef in 1995. It also explained that the Philippine station on Ayungin Shoal was deployed in 1999, years ahead of the conclusion in 2002 of the Declaration on the Conduct of Parties in the South China Sea. “[It] is therefore not a violation of the DOC,” the DFA pointed out. The post JV: Not my father who made ‘deal’ to remove BRP Sierra Madre appeared first on Daily Tribune......»»
Hurry up
Looking back to the first year of President Ferdinand R. Marcos Jr.’s administration leads us to believe that he has pivoted out of his predecessor Rodrigo Duterte’s tight embrace of China and rebuilt friendships with old allies, particularly the US and Europe. In his official trips abroad to meet with leaders of other Association of Southeast Asian Nations, he never failed to be emphatic about the need to comply with international law and the UN Convention on the Law of the Sea. Explicit appeals had also been made to European nations to support the enforcement of UNCLOS and the historic decision of the Arbitral Tribunal in the South China Arbitration (Philippines v. People’s Republic of China) of 12 July 2016 that unanimously favored our beloved Philippines in its dispute against Chinese claims on Philippine territorial waters. In rebuilding ties with the US, four more US bases were added to the existing five sites under the 2014 Enhanced Defense Cooperation Agreement or EDCA that was signed to bolster the Visiting Forces Agreement between the two countries. While we leave the wisdom of more EDCA sites to the security sector, which should prioritize the national interest above anything else, there is another equally important sector confronted by challenges. The Philippine Atmospheric, Geophysical and Astronomical Services Administration raised the El Niño alert, saying it may declare the start of the phenomenon this week as it expects it in the next two months with a probability of 70 percent. Defined as a climate phenomenon characterized by the abnormal warming of the surface waters of the eastern tropical Pacific Ocean, El Niño could have significant effects on global weather patterns, including on agriculture. Given that farmers, policymakers, and agricultural communities must monitor weather forecasts and adapt their practices to mitigate potential impacts, the President continues to take the lead in handling agriculture — a stand that has been met with askance by many, even among those in the government. Eyebrows were raised at the seeming inability to effectively address what bedeviled agriculture in the past year, including the ginormous prices of essential commodities like sugar, eggs, and onions, which at one point rocketed to as high as P700 a kilo. Behind the critical headaches in the agri sector are the already suffering Filipinos whose pockets are badly frayed by inflation rates, and farmers losing their only source of livelihood. A lingering controversy is the government’s addressing of the soaring rise in sugar prices through importation. In 2022, Sugar Order No. 4 was issued by the Sugar Regulatory Administration, giving the nod to import 300,000 metric tons of sugar. Who would forget that the denial resulted in the firing of SRA and DA officials, along with then-Executive Secretary Vic Rodriguez? Likewise puzzling is the recent selection of just three entities to import 440,000 metric tons of sugar. It remains unclear who handpicked sugar traders All Asian Countertrade, Sucden Philippines Inc., and Edison Lee Marketing Corporation. Either way, it doesn’t look good and bears clarification. Everyone, including many of the President’s supporters, is clueless as to why, despite the myriad issues and problems that he has to attend to in all other sectors, a full-time secretary is yet to be appointed — someone who could give the department and the sector his/her full-time attention. Faced with the imminent threats of El Nîno, time is of the essence. Lowly Filipinos cannot afford to wait unprepared for the dry spell with shifts in rainfall patterns. Whatever it takes, it is crucial to act quickly, efficiently, and without delay. In the words of Albert Einstein, “We cannot solve our problems with the same level of thinking that created them.” To solve agricultural problems, we need to think beyond the existing mindset or approach that might have contributed to those problems in the first place. The post Hurry up appeared first on Daily Tribune......»»
Equalizer in place
On 10 March 2022, a couple of weeks before President Rodrigo Duterte’s term ended and after the Russian invasion of Ukraine, Philippine Ambassador to the United States, Jose Manuel Romualdez announced a sharp turn in policy after Duterte said he was ready to open the country’s military facilities to American forces under the improved Enhanced Defense Cooperation Agreement or EDCA. Duterte then announced in his patented permutation of events that the Philippines had no choice but to allow the Americans access to local military installations if Russia’s war against Ukraine intensified and embroiled the United States. Romualdez thereafter revealed that the “President stated that if they (the United States) are asking for the support of the Philippines, it’s obvious that, of course, if push comes to shove, the Philippines will be ready to be part of the effort, especially if this Ukrainian crisis spills over into the Asian region.” Duterte added that in the event of an emergency, “the Philippines would allow US forces to return to the former naval station at Subic Bay and the nearby Clark Air Base.” The growing worry was that Beijing might take a page out of Russia’s playbook by applying gray zone operations, conducting hybrid warfare, and using force to acquire and eventually annex disputed territories. Thus, the implication, according to the American policy think tank Brookings Institution, that the Duterte administration expressed its willingness to allow American forces to use the Philippines as a staging ground in a Taiwan contingency. Before President Ferdinand Marcos Jr. took office in June 2022, Manila and Washington appeared to have struck a deal regarding their complementary roles. On 2 February, Philippine and US defense officials announced that the US military would be given new access to four Armed Forces of the Philippines bases nationwide under the enhanced EDCA. The two allies sought to expand the US strategic footprint in Southeast Asia and the Indo-Pacific region in the face of an aggressive and expansionist China. Negotiated by the two countries during US Defense Secretary Lloyd Austin’s second visit to the Philippines, the improved EDCA increased the number of bases from five to nine. While it was billed as an agreement for rapid deployment of relief materials during emergencies and calamities, it was obvious that the United States can use the new sites for training, setting up equipment, and building runways and other facilities. Inside the EDCA camps, American forces will be allowed to build warehouses, living quarters, joint facilities, and store combat materiel — except for nuclear weapons which are prohibited by the Philippine Constitution. There was only limited construction of EDCA sites during Duterte’s six-year term. Nevertheless, the United States has allocated over $82 million for infrastructure investments at the five original EDCA sites. These investments support economic growth and job creation in the local communities. The decision to increase the number of joint locations was made in October 2022, when the United States sought to deploy more of its forces and weapons to the new joint military camps, mainly in the central northern Luzon region, which the 160-mile Luzon Strait separates from the self-governed island of Taiwan. This development coincided with the US and Filipino forces expanding their joint combat and disaster response training in preparation for future contingency operations in the South China Sea — which lies to the Philippines’ west, and the Taiwan Strait, which is north of the country’s Luzon region. In 2022, the newly formed 3rd Marine Littoral Regiment, or MLR, deployed several combat concepts with the Philippine Marine Corps Coastal Defense Regiment in provinces on the Luzon Strait. By prepositioning MLR equipment in northeastern Luzon, “US Marines could respond more quickly in a crisis over Taiwan or aid the US military’s power projection into the Luzon Strait and South China Sea,” a Brookings Institute analysis said. The post Equalizer in place appeared first on Daily Tribune......»»
Biden to meet Marcos amid rising tension with China
United States President Joe Biden will welcome Philippine President Ferdinand Marcos Jr. to the White House on May 1 in a sign of a warming bond between the two nations amid US tensions with China over Taiwan. Biden will reaffirm Washington’s "ironclad commitment to the defense of the Philippines, and the leaders will discuss efforts to strengthen the longstanding US-Philippines alliance," White House Press Secretary Karine Jean-Pierre said. The White House announcement comes a week after the largest-ever joint US-Philippines military exercises in the disputed South China Sea in the face of China's growing assertiveness in the region, particularly over Taiwan, the self-governing island it claims as its own. Last week, the US secretaries of Defense and State met with their Philippine counterparts in Washington in a high-level summit, days after the US gained greater military access in the Philippines. Defense Secretary Lloyd Austin warned of "a troubling increase in coercion and dangerous operational behavior" in the South China Sea, an apparent reference to a three-day Chinese military exercise that simulated a blockage and targeted strikes against Taiwan. The White House statement said Biden and Marcos would discuss other matters including economic cooperation, clean energy and respect for human rights. "The two leaders will also discuss regional matters and coordinate on efforts to uphold international law and promote a free and open Indo-Pacific," the statement said. Manila earlier this month announced the locations of four more military bases it is allowing the US military to use on top of the five agreed on under the 2014 Enhanced Defense Cooperation Agreement, known as EDCA. The deal allows US troops to rotate through and store defense equipment and supplies. China warned last week the expanded military deal could endanger regional peace, and accused Washington of a "zero-sum mentality." The four additional bases include sites near the hotly disputed South China Sea and another not far from Taiwan. Marcos said China's reaction over the expanded military deal was "not surprising," but assured them the Philippines is only shoring up its territorial defense. "We will not allow our bases to be used for any offensive actions. This is only aimed at helping the Philippines whenever we need help," Marcos told reporters. "If no one is attacking us, they need not worry because we will not fight them." US-Philippines ties stalled under former president Rodrigo Duterte, who favored closer ties with China. But Marcos, who succeeded Duterte in June, has adopted a more US-friendly foreign policy. The post Biden to meet Marcos amid rising tension with China appeared first on Daily Tribune......»»
Win-win cooperation
PEACE-MAKER Jose de Venecia Jr.Former Speaker of the House Lebanon and Israel, two countries technically at war, signed several days ago a historic agreement settling their years-long maritime border conflict involving oil and gas fields in the Mediterranean Sea. The accord will raise huge revenues and ease tensions not only between the two countries but in the region. Israeli Prime Minister Yair Lapid said it “will strengthen Israel’s security, inject billions into Israel’s economy, and ensure stability of our northern border.” It will also contribute greatly to Lebanon’s economic recovery and political stability as the country has been beset with financial difficulties for three years now. On the maritime disputes, the one that is causing grave concern is in the West Philippine Sea/South China Sea, sparked by the raging disagreement and conflicting sovereignty claims. But we have repeatedly pointed out that there is the potential for a peaceful settlement. We had the privilege to officially propose in 2004-2005, then as speaker of the house, the three-nation Seismic Agreement officially signed and undertaken by Manila, Beijing and Hanoi. Its aim was to assess the area’s potential for oil/gas exploration and development preparatory to drilling and create the environment for peace and cooperation. Hydrocarbon specialists of the three countries pronounced the area’s prospects as “promising.” We explained that the rival nations could convert the area from one of conflict into a zone of peace, friendship, cooperation, and development. We must find ways and means to jointly develop its oil/gas potential to help lessen our expensive common dependence on distant petroleum sources in the Persian/Arab Gulf of the Middle East. Imagine the potential for peace in the heartland of the West Philippine Sea if we undertake a joint development of its resources. From an area of conflict, it could be transformed into a landscape and seascape of small seaports, airports and oil pipelines. Fishing villages and small tourism townships could rapidly rise and the contested areas could become the untrammeled passage way for global shipping, carrying more than 50 percent of the sea freight of the world. We have always pointed out that this is perhaps the most realistic, most common-sensical solution to the problem and which could be joined by Vietnam, Malaysia, Brunei, and Taiwan; and could also be the same formula for the dangerous problem between China and Japan in the tiny isles in the Senkaku Straits or Diaoyu in the East China Sea. A history of conflict avoidance and joint development involving rival nations abound, perhaps as a result of intelligent, creative, humble, and pragmatic diplomacy. In the Norwegian Ekofisk oil field in the North Sea, which we visited when we were president of the Petroleum Association of the Philippines in the 1970s, the discovered oil in the sea goes even now to Norway and to Teeside, England and the natural gas goes to Germany. The oil in the Caspian Sea countries is shared by Iran, Russia, Kazakhstan and Azerbaijan and others, because among them, there is demarcation and practical mutual understanding and goodwill. The 2006 agreement between giant Australia and tiny East Timor share the hydrocarbons in the South Pacific in the waters just below Darwin and on the southeast side of Asia’s newest republic. The 1989 deal between Malaysia and Thailand enabled them to jointly develop their disputed waters in the Gulf of Thailand. The Guinea-Bissau and Senegal accord of 1993 helped the concerned countries develop their disputed areas. The border conflicts in Asia are more explosive, seemingly more intractable – between India and Pakistan over Kashmir, between India and China in their common mountainous region, between Azerbaijan and Armenia in Nagorno-Karabakh, among others. However, even as dangerous a dispute as one between Russia and China, which led the two countries involving hundreds of thousands of their troops poised to pounce on each other in the brink of war, did not explode into full-scale bloody confrontation because of prudence. The conflict was over a territory in the vicinity of the Ussuri (Wusuli) river in the eastern region of the then USSR, north of Vladivostok, in 1969. The surprise 1992 border agreement between China and Russia rapidly resolved their territorial dispute in the Argun and Amur rivers, where China was granted control over Tarabahov Island (Yinlong Island) and about 50 percent of Bolshoy Ussuriysky Island (Heixiazi Island) near Khabarovsk. Asia and the world must never forget one of the foremost leaders in Asian history, China’s “paramount leader” Deng Xiaoping and its President Yang Shangkun and the USSR’s President Boris Yeltsin for the classic Border Agreement between China and Russia that resolved what could have been an explosive and ruinous conflict between the two major powers, with Russia still supported by its satellite states at the time and both already wielding powerful weapons. Indeed, the idea of “win-win cooperation,” of a pragmatic and intelligent sharing of areas and resources could help build a model for lessening tensions and solving conflicts, and avoiding the possibility of war in Asia’s manifold and dangerous flashpoints......»»
As COVID-19 ravages the Philippines, a bible thumper insults our intelligence
RJ Nieto We have been made too aware of the speakership catfight in the House of Representatives. On one side is Speaker Alan Peter Cayetano who, last year, agreed to a term sharing deal that entails his voluntary resignation this month. On the other side, the PDP-Laban Lord Allan Velasco, head of the House’s biggest political party. If Cayetano just complied with the term-sharing agreement that he himself insisted on having, then the nation could have moved on and returned its focus on the COVID-19 pandemic that has been ravaging the erstwhile flourishing Philippine economy. But that was not the case: after getting a taste of his lucrative position for 15 months, Cayetano didn’t want to let go. In mid-September, Cayetano said he should remain as the speaker as he claims to enjoy majority support. Days later, his camp even went a step further when Camarines Sur Rep. LRay Villafuerte accused Velasco of planning to delay the passage of the crucial 2021 National Budget. President Rodrigo Duterte, acting as head of the Kilusang Pagbabago Coalition, mediated the rift when he called for a meeting with Cayetano and Velasco. There are various versions of what happened during the meeting, but what’s clear is that both sides agreed to a vote on the speakership on October 14th. At this point, minus the speakership drama, pretty much everything else in the House, especially the 2021 budget deliberations, was going quite smoothly . At this point, the Cayetano-Velasco catfight was still a purely political skirmish. But things took a turn for the worse during the October 7 House session. While the budget debates were still ongoing, Cayetano abruptly declared the end of debates. He then moved to suspend House sessions until mid-November, effectively cancelling the October 14th vote for speaker. Cayetano’s move squarely violated Section 16(5), Article VI, of the Constitution, which forbids the House from adjourning for more than three days without the Senate’s nod. The term he used — “suspension” — is just semantic acrobatics for adjournment. Cayetano’s move effectively delayed the transmission to the Senate of the budget’s House version from October 14 to mid-November at the earliest. For the sake of holding onto power, he escalated the purely political skirmish into a full-blown national crisis. If Cayetano and his allies did not want a speakership change because his replacement will just delay the budget, then why did he delay the budget himself? The COVID-19 pandemic is creating a New Normal, and we need a national budget that takes this New Normal into account. However, the speaker’s latest political stunt risks the reenactment of the previous national budget, a budget that was written before COVID-19 ravaged us. How can the nation address the rampaging pandemic without a national budget that recognizes COVID-19 as a national disaster? We need more IT infrastructure funding as more Filipinos engage in e-commerce and as schools shift to online learning. We need more healthcare funding as Filipinos continue to get infected with this virus. We need more fiscal support for ailing businesses as thousands have gone bankrupt after the economy ground to a halt. But all of these may not happen because of what Cayetano did. He can bicker with anyone as much as he wants, but he should not sacrifice the welfare of this nation for the sake of his ambitions. Cayetano loves to quote the Bible every chance he gets, but it appears that the Bible he reads excludes all the verses that mention greed. I know for a fact that politicians want power. Running for office, after all, is inherently a quest to gain power. But power is sought not for power’s sake. Power is just a means to towards an end, and that end should be public welfare. Too bad for us earthlings, Cayetano may not share the same view of power. And even if he does, his notion of power is a warped, twisted version that serves his aspirations more than those of the Filipino people. And despite what he’s done, he has the gall to insult our intelligence by claiming that he has the nation’s best interests in mind. If there’s anything we can learn from Cayetano, that would be new and more creative ways to cringe. Alan Peter Cayetano’s latest stunt suggests that while Alan Peter Cayetano may still love this country, Alan Peter Cayetano happens to love Alan Peter Cayetano more. For comments and reactions, please email TP@ThinkingPinoy.net or visit Facebook.com/TheThinkingPinoy.....»»
Collision or ramming?
When nations compete for dominance, the concepts of fairness and sovereignty often go by the wayside. This weekend’s collision of Philippine vessels with Chinese ships in the West Philippine Sea should serve as a vivid reminder of China’s aggressive expansionism in this crucial maritime region. While troubling, this incident is just part of a larger pattern of Chinese harassment of Philippine vessels within our territorial waters. China once again relied on its victim-blaming strategy, accusing the Philippines of “deliberately stirring up trouble” in an incident that the Philippine Coast Guard allegedly planned. These claims are ridiculous and unfounded, part of China’s long-running endeavor to legitimize its illegal acts in the West Philippine Sea. But regardless of Beijing’s bluster, the Philippines has the right to stand up to a neighborhood bully. Its claim to sovereignty over the West Philippine Sea is firmly rooted in the Permanent Court of Arbitration’s 2016 ruling, which categorically rejected China’s extensive claims over nearly the entire South China Sea, including areas that overlap with the West Philippine Sea. This landmark decision made it evident that China’s historical claims do not hold up under international law, in an area where competing claims by other countries like Malaysia, Vietnam, Brunei and Taiwan have sparked geopolitical concerns. Historically, the territorial irritants that have the potential to become full-blown conflicts have centered on fishing rights, oil and gas reserves, and the strategic importance of controlling these waterways. Still, unlike China’s bold territorial expansion and contempt for international jurisprudence, the Philippines’ approach is founded on the rule of law. China’s predilections extend beyond the assertion of spurious territorial claims, as it includes the unauthorized construction of artificial islands in the South China Sea. These man-made islands function as military outposts, providing China with a strategic regional advantage. Such acts are not only illegal, but they also pose a direct threat to regional peace and stability. As the Philippines struggles for its rights, exposing China’s duplicity on a global scale is critical. While China portrays itself as a rational and responsible nation in international crises such as the Russia-Ukraine crisis and the Israel-Hamas conflict, its actions in the South China Sea reflect a different face — that of a regional bully. China cannot preach peace and diplomacy while actively pursuing territorial expansion and disregarding international law when it does not support its aspirations. The collision (or was it an intentional incident of ramming by China of Philippine vessels?) near the Second Thomas Shoal in the Spratly Islands is just the latest chapter in China’s unrelenting pursuit of regional supremacy. Philippine efforts to safeguard its sovereignty and defend international law merit support not only from its neighbors, but also from the world community at large. The West Philippine Sea is more than just a body of water; it represents sovereignty, justice, and the triumph of law over aggression. The Philippines’ resistance to China’s bullying is a fight for the rights of all nations that value international norms, territorial integrity, and conflict resolution through peaceful means. China’s activities in the West Philippine Sea and its disrespect for the verdict of the Permanent Court of Arbitration must be countered by the international community with the position that in the South China Sea, might does not equal right. As we consider the perilous situation in the West Philippine Sea, it’s critical to understand that this is not a one-off occurrence but part of a larger pattern. The Philippines has been subjected to constant harassment by Chinese vessels within its own waters. Filipino fishermen are being harassed, maritime resources (like coral reefs) are being pillaged, and Filipino military troops are being put in danger by Chinese warships that have no business being in Philippine waters. There can never be a repeat of the 2012 Scarborough Shoal standoff, which allowed China to build bases on man-made islands. As it stands resolute against China’s gunboat diplomacy, the Philippines serves as a beacon of hope for all nations confronting unjustified hostility. The Philippines’ dedication to upholding international law, maintaining its sovereignty, and defending its people’s rights is admirable. The post Collision or ramming? appeared first on Daily Tribune......»»
Helper woes
Dear Atty. Joji, Our house helper absconded from her job without prior notice. While having to find her replacement is one issue, the bigger concern is that she owes us almost P100,000. We want to take legal action because such amount of money is hard to come by. What type of case can we file to pursue this matter legally? Maris *** Dear Maris, Based on the facts you provided, filing a “Small Claims” case before the lower-level court or the Metropolitan Trial Court is applicable in your case. A.M. No. 08-8-7-SC or “The 2016 Revised Rules of Procedure for Small Claims Cases” provides: Small claims refer to cases involving monetary disputes where the amount in question does not exceed P1,000,000, excluding interest and costs. The purpose of a small claims process is to provide a simpler and a more inexpensive and expeditious means of settling disputes involving purely money claims. The claim or demand may be: (a) For money owed under any of the following: Contract of Lease; Contract of Loan and other credit accommodations; Contract of Services; or Contract of Sale of personal property, excluding the recovery of the personal property, unless it is made the subject of a compromise agreement between the parties. The procedure on small claims cases was promulgated for faster resolution of claims. Since the amount of claim is relatively small, it is the court’s policy not to keep these cases from dragging for long periods before finally being decided. Since the proceedings must be speedy, inexpensive, and informal, the procedure was simplified. However, it is important to note that in Small Claims Cases, parties are generally not allowed to be represented by lawyers. A case for Small Claims may be commenced as follows: SEC. 6. Commencement of Small Claims Action. — A small claims action is commenced by filing with the court an accomplished and verified Statement of Claim (Form 1-SCC) in duplicate, accompanied by a Certification Against Forum Shopping, Splitting a Single Cause of Action, and Multiplicity of Suits (Form 1-A-SCC), and two (2) duly certified photocopies of the actionable document/s subject of the claim, as well as the affidavits of witnesses and other evidence to support the claim. No evidence shall be allowed during the hearing which was not attached to or submitted together with the Statement of Claim, unless good cause is shown for the admission of additional evidence. Alternatively, an action for breach of her employment contract, if any, may be filed against her for her sudden departure without providing proper notice. Hope this helps. Atty. Joji Alonso The post Helper woes appeared first on Daily Tribune......»»
Global trade’s call
The 2016 Permanent Court of Arbitration award has proven to have a more significant value than favoring the Philippine position in the West Philippine Sea dispute as international law experts said it plugged the legal loopholes on the freedom of navigation. China insists on its historical claim to the West Philippine Sea, or WPS, but it never articulated the legal status of the sea areas within the “nine-dash line,” which lie beyond its territorial sea and exclusive economic zone, or EEZ, under the United Nations Convention on the Law of the Sea. “However, by laying ‘historic’ claim to all the WPS features (islands, rocks, and reefs) and referring to all these as islands entitled to EEZ and Legal Continental Shelf status, it has implicitly claimed sovereign jurisdiction over the entire sea area enclosed within the nine-dash line,” National Maritime Foundation of New Delhi Executive Director Gurpreet Khurana said. “Based on such assumed sovereign rights — though disputed by other claimant states — China has been curtailing freedom of navigation in these areas, particularly for warships,” Khurana added. He recalled that in the days leading to the international tribunal’s verdict on the China-Philippines arbitration, Beijing declared a “no sail zone” in the area of dispute during a major naval exercise from 4 to 11 July 2016. Initially, it was solely the United States that had been actively conducting naval operations to protect the international sea lanes, but Beijing’s increasing aggressiveness raised the threat level in the region. The WPS is one of the world’s most important shipping lanes. Ships carrying goods between markets in Asia, Europe, Africa, and the Americas transit through it. An estimated $5.3 trillion in trade passes through the sea annually. One country controlling the sea lane may require ships to circumnavigate it, which would involve considerable expense and delays in delivering goods. Thus, most nations have a direct stake in ensuring that freedom of navigation is respected in the WPS. Geopolitical analysts said the actions of China, mainly the setting up of infrastructure in the disputed maritime zone, have been the source of the escalation of threats of direct conflict. Beijing has accused the Philippines and the United States of scaling up the stakes in the disputed waters through provocative actions like the recent expansion of the Enhanced Defense Cooperation Agreement or EDCA. China, nonetheless, has left out the need to keep the lanes open to all nations, which is the paramount issue. The US has said it does not take a position on territorial disputes over features in the WPS. Its involvement concerns the illegal claims to the waters surrounding sea features and the illegal restrictions on navigation. Several states in the region have made excessive maritime claims that illegally limit the freedom of navigation. Washington said it conducts freedom of navigation operations in the WPS to protest these claims. China has accused the Philippines of being complicit with the US in the latter’s actions in the WPS, and when it comes down to the issues involved, the accusation could only be true. The Philippines joins other countries in ensuring that the sea passage remains open to all nations, and a single country’s control of the international waters should never be allowed. Despite Beijing’s oft-repeated claim that it adheres to UNCLOS, its actions in the WPS are inconsistent with the law. Just recently, it expanded its historic claim to a 10-dash line. As a responsible member of the international community, nations expect China to adhere to the international tribunal ruling. China respecting the arbitration award would not only contribute to peace and prosperity, it would be in the long-term interest of all, including that of the superpower. The post Global trade’s call appeared first on Daily Tribune......»»
‘Geopolitical tension’ a major threat to climate action: IEA chief
The International Energy Agency (IEA) said Monday that nations need to set aside "geopolitical tensions" and fight for greater international cooperation in order to advance the struggle against climate change. "The 1.5C target" agreed in Paris in 2015 is "still within reach" but it faces "many challenges" the energy watchdog's boss Fatih Birol told an international climate and energy gathering in Madrid ahead of COP28. Among the challenges, "the geopolitical fragmentation of the world" was "creating a key impediment for some of the steps we are hoping to take", he told the gathering of some 40 ministers and top global energy and environment leaders. Although levels of investment in "the technology area and in clean energy technologies" were "very strong", it is not enough, he said. "The lack of international cooperation is a major, major problem. We have to find a way to isolate these geopolitical tensions ... to focus on this issue of countries coming together," he said. The world's energy future will be at the heart of debates at the UN's COP28 climate summit in Dubai, a major oil producer, between November 30 and December 12. Spain's Ecology Minister Teresa Ribera admitted that talks at COP28 were likely to be "challenging" but said "multilateralism is the way to respond to the current challenges". "A global problem deserves a global response," she told delegates. 'Race against time' Global tensions have mounted in recent years notably due to Russia's invasion of Ukraine and the growing rivalry between the United States and China, hiking fears the climate crisis will be pushed down the geopolitical agenda. The crunch Dubai talks should enable the international community to make progress on the reduction of greenhouse gases and the clean energy transition. It will also be a chance to take stock of national commitments to meet the objectives of the Paris Agreement to keep global warming below 2C and if possible to 1.5C compared with pre-industrial levels -- a difficult task in light of current conditions. "The green transition process must pick up speed, we're in a race against time to tackle climate change," Ribera told a press conference, while adding there is "room for optimism" about COP28. The IEA says several conditions must be met for the Dubai conference to be considered a success. Key issues will be a tripling of investment in renewables and a funding mechanism for clean energy in developing countries. In November 2022, the COP27 summit hosted by Egypt wrapped up with a landmark deal on funding to help vulnerable countries but it made no progress on phasing out fossil fuels, which the IEA sees as urgent. "July and August" have been "perhaps the hottest in history, and it looks like 2023 will be the hottest year ever," Birol said with heatwaves, floods and wildfires soaring on all continents. The post ‘Geopolitical tension’ a major threat to climate action: IEA chief appeared first on Daily Tribune......»»
Doing right
Plucky 54-year-old Filipino fisherman Arnel Satam best characterizes where we should be following last week’s significant incidents at a disputed atoll variously called Scarborough Shoal, Bajo de Masinloc and Panatag Shoal. Bucking a tense standoff between Filipino and Chinese government vessels at the shoal’s southeast last 22 September, Satam, aboard a tiny wooden light blue “bangka” (outrigger boat), sped towards the shallow, fish-rich waters of the atoll’s inner lagoon. He just wanted to fish. Responding speedboat-riding Chinese coast guardsmen hotly pursued Satam for several thrilling minutes before Satam willingly turned back. But Satam, whose daring act was caught on video, had already made his indelible mark in one of the tensest areas in the South China Sea. “Hindi ako natatakot (I wasn’t scared),” said Satam, who told reporters he often baits the Chinese to chase him. “Pinagtatawan-tawanan ko lang sila. Inaasar ko lang sila eh (I just laugh at them. I only pique them).” Earlier that same Friday, the China Coast Guard was caught in the act of installing a 300-meter floating barrier around Panatag’s inner lagoon by a Bureau of Fisheries and Aquatic Resources boat on routine patrol. Like Satam, Filipino coast guard divers the following Monday afternoon did the unthinkable, vividly executing a first-ever underwater operation, also dramatically captured on video, against Chinese bullying in the West Philippine Sea. Using only knives, the divers cut the rope connecting the buoys that held up the barrier and hauled up an anchor holding the floating barrier in place. Filipino fishermen said the Chinese frequently put up barriers to keep them from Panatag, a traditional rich fishing ground of fishermen mostly sailing out of Zambales. Some 50 Filipino fishing boats, in fact, were near the shoal when the Chinese installed the floating barrier. Filipino fishermen could only fish outside the shoal because Chinese vessels had blocked the inner lagoon since the 2012 standoff between the Philippines and China over the shoal. After the successful “special operation,” authorized by President Marcos himself, the PCG reported that China Coast Guard vessels, probably awed by the Filipinos’ audacity, were seen calmly picking up pieces of the torn barrier. Still, that same calm demeanor could also mean the Chinese “might still return the floating barrier,” said PCG spokesperson Jay Tarriela, particularly since last Tuesday China tersely warned the Philippines not “to provoke and cause trouble.” But the PCG and the military establishment have vowed to make the Filipino presence felt at the shoal, even permanently, with Tarriela expressly saying, “We have shown the world the Filipino people will not back down, and we’re still going to consistently carry out whatever is necessary for us to maintain our presence.” Emphasizing our “presence” at Panatag is a crucial and careful distinction. The 2016 arbitral award ruled that Chinese, Vietnamese, and Filipino fishermen had traditional fishing rights at Panatag Shoal. Our maritime authorities, therefore, are in the right insofar as asserting that Filipino fishermen have the same rights as the Chinese to safely navigate around Panatag to fish, and that China has no right whatsoever to drive them away or bar them. Frustratingly, however, some imprudent Filipinos toe China’s self-interested and false sovereignty claims despite the due care with which Filipino maritime authorities qualify their actions. Oddly enough, too, these same imprudent Filipinos quickly blame the victims of China’s abusive actions. It is as if these imprudent Filipinos are so invested in their fear of China that they are now losing their willingness to defend Filipino fishermen and their livelihood bit by bit, without even noticing. We cannot be like them. We must all finally realize that to assert ourselves in the world; we must bravely stand up to any form of bullying against fellow Filipinos. We individually need to be an Arnel Satam. The post Doing right appeared first on Daily Tribune......»»
Removal of Chinese barrier in WPS necessary — PBBM
President Ferdinand Marcos Jr. on Friday defended the removal of a Chinese floating barrier in the West Philippine Sea, saying that it was necessary to protect the country's fishermen and maritime territory. In an interview with reporters in Siargao, Marcos said that the barrier was inside Philippine territory, preventing fishermen from accessing their traditional fishing grounds. "I don't see what else we could do because those fishermen, when the rope was cut, the fishermen who entered on that day caught 164 tons of fish, just in one day. That's what our fishermen are losing. So, it's not right to put up a barrier like that, and it's clearly inside the Philippines," Marcos said. "We're not looking for trouble. We're just going to continue to defend the Philippines, the maritime territory of the Philippines, and the rights of our fishermen who have been fishing in those areas for hundreds of years," Marcos added. He added that he did not understand why China had installed the barrier, but that the Philippines was "avoiding conflict" and "heated words." "We are steadfast in defending the territory of the Philippines," Marcos said. In recent months, China's actions in the West Philippine Sea have been marked by an increasing level of aggression, asserting control over nearly the entire South China Sea. China has also disregarded the 2016 arbitral ruling that upheld the Philippines' exclusive economic zone and rejected China's historical claims. Last week, Chinese Coast Guard ships placed a barrier made of ropes and nets, supported by buoys, when a Philippine government fisheries vessel was approaching, and over 50 Philippine fishing boats gathered around the shoal, as reported by the Philippine Coast Guard. Executive Secretary Lucas Bersamin said earlier this week that the Philippines might submit a new protest to a tribunal after the Philippine Coast Guard (PCG) uncovered damaged coral reefs in a region of the West Philippine Sea frequently visited by Chinese militia vessels. In an interview with Anthony Taberna, Bersamin affirmed that China knew the Philippines' preference for a multilateral approach in its foreign relations. The executive secretary verified that the President issued the directive to eliminate the floating barriers. "When such orders are given, they come directly from the President after consulting with officials involved in the matter. We cannot disclose the details of how it was done. Still, a decision-making process was established, and they convened to decide to go there," Bersamin said. The post Removal of Chinese barrier in WPS necessary — PBBM appeared first on Daily Tribune......»»
Spins, deceptions, barrage
Chinese propaganda was in full force yesterday as the country’s state media again referred to the Philippines’ removal of the floating barrier as done to further the interest of the Americans. The narrative that China wants the world to follow is that the actions of the Philippines are all being dictated by the United States, to which the country has a long history of subservience. Thus, the Philippines’ sovereign interests are really at stake in the challenges to China’s aggressive assertions. Beijing’s propaganda mill has been busy since the expanded Enhanced Defense Cooperation Agreement increased from five to nine the number of Philippine military bases US forces have access to. It initially raised the bogey of the broader military pact being the launch pad for an American defense of Taiwan if China attacked, which is farthest from the truth since it presumes that Filipinos would be stupid enough to risk their country for another’s interest. The latest volley from China was related to removing the floating barrier that cordoned off Scarborough Shoal or Bajo de Masinloc to Filipino fishermen. The Philippine Coast Guard should check the contraption to determine where it was manufactured. Recall the suspicion that the rocks and other materials used for China’s reclamation of Philippine islands had come from Zambales with the collusion of local government officials. Wang Wenbin, China’s Ministry of Foreign Affairs spokesperson, said the Philippine statement was just what it wanted to believe itself. “China’s resolve in safeguarding its sovereignty and maritime rights and interests over Huangyan Island (Scarborough Shoal) is unwavering. We call on the Philippines not to make provocations or stir up trouble,” Wang said. Moreover, China parrots the line that opening four additional military bases was a move “to win US support for its claims in the South China Sea.” The US then wants to exploit the Philippines so that “it can intervene in the Taiwan question and the South China Sea issue from a closer range.” The US is using the Philippines as a pawn in its campaign to “contain China,” according to the propaganda minions. EDCA was an offshoot of the Mutual Defense Treaty, a post-World War II pact in which the Philippines and the United States committed to come to each other’s aid in case of attack. Based on the hype generated in Beijing, the Philippines has made several “failed” attempts to deliver building materials to reinforce the “grounded warship” on China’s Ren’ai Jiao, also known as Ayungin or Second Thomas Shoal, since August. Indeed, attempts to reinforce the BRP Sierra Madre ended in a cat-and-mouse chase that succeeded, revealing that China is out of touch with reality. Also, the Sierra Madre is not a warship but a landing craft. It is an LST 542-class tank landing ship, previously known as the USS Harnett County, built for the United States Navy during World War II. The paid hacks and lapdogs of the Chinese government want to create an image that the venture between the Philippines and the US is meant to contain Beijing. The fundamental issue, however, remains the provisions of the United Nations Convention on the Law of the Sea, or UNCLOS, that has under it the International Tribunal on the Law of the Sea, or ITLOS. The Permanent Court of Arbitration, or PCA, issued the 2016 ruling favoring the Philippines was formed under ITLOS. Thus, UNCLOS invalidated China’s historical claims and upheld the exclusive economic zone from which the Philippines can derive economic benefits. Any argument that strays from the guiding principle must be treated with a grain of salt, if not doused with cold water. The post Spins, deceptions, barrage appeared first on Daily Tribune......»»
Barrier removal BBM’s call — PCG
Dismantling the floating barrier that China installed at Scarborough Shoal or Bajo de Masinloc is a matter for President Ferdinand Marcos Jr. to decide, a Philippine Coast Guard official said yesterday. Commodore Jay Tarriela, PCG spokesperson for the West Philippine Sea, said they had reported the discovery of the 300-meter barrier to the National Task Force for the West Philippine Sea, or NTF-WPS. “Should the NTF-WPS recommend to the President the actions to be taken, the PCG, the Bureau of Fisheries and Aquatic Resources, and even the Armed Forces of the Philippines would comply,” Tarriela said. Tarriela was apparently reacting to the call made by Senate President Juan Miguel Zubiri for the PCG to remove the barrier as it poses a danger to Filipino fishermen and keeps them from the shoal’s rich fishing grounds. Tarriela, however, said the PCG had yet to consult with Mr. Marcos and other officials of the national government on what to do about the barrier. The PCG said three China Coast Guard inflatable boats backed by a Chinese maritime militia vessel installed the floating barrier. Also on Monday, the Department of Foreign Affairs vowed to press the Philippines’ sovereignty over Scarborough Shoal. “We will take all appropriate measures to protect our country’s sovereignty and the livelihood of our fisherfolk,” the DFA said. “Bajo de Masinloc is an integral part of the Philippines over which we have sovereignty and territorial jurisdiction according to UNCLOS (United Nations Convention on the Laws of the Sea),” the DFA said. In 2012, Chinese and Philippine vessels faced each other in a standoff at the shoal, which was defused when the Philippines withdrew its ships, which China did not do with its ships despite an agreement to do so. China has since maintained control of the shoal even after a 2016 ruling of the Permanent Court of Arbitration deemed the shoal to be part of the Philippines’ 200-nautical-mile exclusive economic zone in the West Philippine Sea. The landmark ruling, which also dismissed as illegal China’s claim to nearly the entire South China Sea, arose from a case filed by the Philippines before the arbitral court in 2013. China, however, has refused to abide by the ruling. “The 2016 Arbitral Award affirms it (Bajo de Masinloc) as a traditional fishing ground for Filipino fisherfolk,” the DFA pointed out. “China’s reported installation of barriers and its negative impact on the livelihood of Filipino fisherfolk or any other activity that infringes on the Philippines’ sovereignty and jurisdiction in Bajo de Masinloc are violations of international law, particularly UNCLOS and the Arbitral Award,” it added. The installation of the barrier was roundly criticized by European Union Ambassador to the Philippines Luc Veron, who described it as “deeply concerning.” In a tweet, Veron said the “floating barrier is dangerous, detrimental to the livelihood of Philippines fishermen, and disregards the peace-driven objectives of UNCLOS.” The post Barrier removal BBM’s call — PCG appeared first on Daily Tribune......»»
PCG condemns China-installed floating barrier in southeast part of Bajo de Masinloc
The Philippines has accused the Chinese Coast Guard (CCG) of building a "floating barrier" that forbids Filipinos from fishing in the contested area of the West Philippine Sea. In a statement posted on X (formerly Twitter), Philippine Coast Guard (PCG) spokesperson Jay Tarriela said the barrier in part of the Scarborough Shoal prevents Filipino fishing boats from entering the shoal and depriving them of their fishing and livelihood activities. Images from the region, known as Bajo de Masinloc in the Philippines, showed Chinese boats set up and monitored several buoys and barriers arranged and protected by Chinese boats. Tarriela said the PCG and Bureau of Fisheries and Aquatic Resources (BFAR) personnel found the Chinese boats setting up the 300-meter-long barrier on Friday while on a "routine maritime patrol." "Three CCG's Rigid Hull Inflatable Boats (RHIBs) and Chinese Maritime Militia's service boat installed the floating barrier upon arrival of the BFAR vessel in the vicinity of the shoal. The Filipino fishermen reported that the CCG vessels usually install floating barriers whenever they monitor many Filipino fishermen in the area," Tarriela said. He added that the BFAR vessel observed more than 50 FFBs engaged in fishing activities in the area during the routine maritime patrol. Recognizing the importance of supporting the artisanal or subsistence fishing of these fishermen, Tariella said the BFAR provided them with various grocery items and fuel subsidies to sustain their operations. However, a total of four CCG vessels, namely CCG-3065, CCG-3066, CCG-3105, and CCG-3301, initiated a series of 15 radio challenges in an attempt to drive away the BFAR vessel and FFBs. "The CCG crew alleged that the presence of the BFAR vessel and Filipino fishermen violated international law and the domestic laws of the People's Republic of China (PRC)," Tariella said. "The BFAR vessel responded to each and every radio calls and emphasized that they were carrying out a routine patrol within the territorial sea of BDM," he added. Tariella further mentioned that the CCG vessels maintained a safe distance and moved away upon realizing the presence of media personnel onboard the BFAR vessel. "The PCG will continue to work closely with all concerned government agencies to address these challenges, uphold our maritime rights and protect our maritime domains," Tarriela said. However, the Chinese embassy in Manila has yet to comment on the matter. China claims 90 percent of the South China Sea, which overlaps with the exclusive economic zones of the Philippines, Vietnam, Malaysia, Brunei, and Indonesia. Beijing annexed the Scarborough Shoal in 2012, forcing Filipino fishermen to travel farther in search of lesser catches. During the period when bilateral ties were significantly improving under then-President Rodrigo Duterte, Beijing allowed Filipino fishermen to return to the uninhabited shoal. However, since Ferdinand Marcos Jr., his successor, gained government last year, tensions have increased once more. The post PCG condemns China-installed floating barrier in southeast part of Bajo de Masinloc appeared first on Daily Tribune......»»
Filipino fisherman chased by China coast guard in disputed waters
Filipino fisherman Arnel Satam guns the motor of his tiny wooden boat as he makes a dash for the shallow waters of Scarborough Shoal in the disputed South China Sea, with Chinese coast guard speedboats in hot pursuit. In a high-seas chase lasting several minutes, Satam tries in vain to outrun the faster boats in the hope of slipping inside the ring of reefs controlled by China, where fish are more abundant. Friday's pursuit was witnessed by AFP journalists on board the Philippine Bureau of Fisheries and Aquatic Resources ship BRP Datu Bankaw, which was delivering food, water and fuel to Filipino fishermen plying the contested waters, sometimes for weeks on end. The fishermen complained that China's actions at Scarborough Shoal were robbing them of a key source of income and a place to shelter safely during a storm. "I want to fish in there," a defiant Satam, 54, told journalists as he stood barefoot on his light blue outrigger bearing a Superman "S" emblem. "I do this thing often. They already chased me earlier today," he said, adding the Chinese speedboats had bumped his vessel. "I just laughed at them." Scarborough Shoal is 240 kilometres (150 miles) west of the Philippines' main island of Luzon and nearly 900 kilometres from the nearest major Chinese land mass of Hainan. Under the 1982 United Nations Convention on the Law of the Sea, which China helped negotiate, countries have jurisdiction over the natural resources within about 200 nautical miles (370 kilometres) of their shore. China, which claims sovereignty over almost the entire South China Sea, snatched control of Scarborough Shoal from the Philippines in 2012. Since then, it has deployed coast guard and other vessels to block or restrict access to the fishing ground that has been tapped by generations of Filipinos. Philippine officials also accused the Chinese coast guard of laying a 300-metre (-yard) long floating barrier across the entrance to the shoal shortly before the BRP Datu Bankaw arrived. The temporary barrier "prevents Filipino Fishing Boats from entering the shoal and depriving them of their fishing and livelihood activities," the Philippine coast guard and fisheries bureau said in a joint statement condemning its installation. Resupply missions It took 18 hours for the BRP Datu Bankaw to make the more than 300 kilometre journey to Scarborough Shoal from a port in Manila Bay. More than 50 wooden outrigger fishing vessels, which Filipinos call "mother boats", were operating in the deep waters outside the shoal when the Philippine ship dropped anchor last Wednesday. Some of the fishing crews had been there for two weeks already using nets, lines and spears to catch tuna, grouper and red snapper. To enable them to stay at sea for longer and catch more fish, the Bureau of Fisheries and Aquatic Resources carries out regular resupply missions. Four Chinese coast guard boats patrolled the waters, keeping the BRP Datu Bankaw and Filipino fishermen away from the shoal. The voice of a Chinese coast guard radio operator crackled over the airwaves 15 times, ordering the BRP Datu Bankaw to "immediately" leave "Chinese territory". The instruction was repeated in English on a scrolling digital message board on one of the Chinese coast guard vessels. Unfazed by the warnings, the 12 crew members of the BRP Datu Bankaw distributed 60 tonnes of fuel in blue plastic jerry cans to the fishing boats, as well as food packs for those running low on provisions. The supplies were free for the fishermen, but some showed their gratitude by giving the BRP Datu Bankaw crew tubs of freshly caught fish. 'This is ours' "We are very grateful for this assistance," said Johnny Arpon, 53, whose 10-metre boat "Janica" arrived at the shoal in time to stock up on extra diesel. Some of the Filipino fishermen crowding around the BRP Bankaw in small outriggers to receive provisions climbed aboard to eat snacks and drink fresh water. They told journalists they had been chased and water cannoned by Chinese vessels in the past and even had their anchors cut. "They should give it back to us because this is ours," said Nonoy de los Reyes, 40, referring to Scarborough Shoal. "They should leave this place." After decades of overfishing by countries surrounding the waters, the men have to spend longer at sea to catch enough fish to cover their costs and, hopefully, make a small profit. China's blocking of the shoal had made the situation even tougher and the fishermen said they hated them for it. "We barely have any catch so we'll probably need to stay two more weeks," said Alex del Campo, 41, who had already spent more than a week at sea. A day earlier, del Campo and two other fishermen had made a daring bid to enter the shoal in their small boats, but were chased away by Chinese coast guard personnel in rigid-hulled inflatable vessels. "We are defenceless because they are armed and there was just one fisherman in each of our three boats," del Campo said. "If they ram and sink our boats who will save us?" The post Filipino fisherman chased by China coast guard in disputed waters appeared first on Daily Tribune......»»
Long-game scenario
Employing lawfare and so-called grey zone tactics may point to China preparing for the long haul, according to experts. The tactic involves wearing down its opponents in the South China Sea conflict while waiting for a suitable administration in the United States, which would again give less importance to America’s stabilizing role in the Asia-Pacific region. China’s preparations for a protracted conflict are evident in its latest moves, from making public the 10-dash line claim, the absence of Chinese President Xi Jinping from the Association of Southeast Asian Nations Summit in Jakarta, and the water spraying by a Chinese Coast Guard vessel of a Philippine Navy boat on a mission to resupply the grounded Sierra Madre. Regional analysts said China is employing a combination of lawfare, which is the use of legal systems and institutions to undermine an opponent, and gray zone tactics, which are maneuvers short of war that point to a conflict for the long haul. China’s drafting of a new map was timed to reassert its territorial claims and flex its muscles ahead of the ASEAN and G20 Summits. It did gain a measure of success as in the joint statements customarily issued at the end of the events; there was no explicit mention of China despite most members of the regional blocs expressing concerns about its assertive actions in the disputed waters. Collin Koh, a senior fellow at the S Rajaratnam School of International Studies based at Nanyang Technological University in Singapore, said the elephant in the room, amid the increasing aggressiveness of the Asian giant, was China’s undergoing multiple crises. Koh said that while lawfare and maritime coercion have been part and parcel of Beijing’s toolkit in the past, “there has been an obvious uptick that coincided with China’s domestic problems, which are property market woes, high youth unemployment, and sluggish exports.” For instance, during the term of former President Rodrigo Duterte, “the Philippines was subjected to boat swarming tactics similar to those recently seen.” The use of such methods intensified after the Philippines announced an expanded Enhanced Defense Cooperation Agreement with the United States, which Beijing interpreted as one of America’s efforts to intervene in its conflict with Taiwan. For China, digging in and preparing for a long engagement is beneficial. At Ayungin Shoal, China has been blocking Philippine missions to repair the dilapidated landing ship grounded there since it knows that the rusting hull would not last too long and nature will take care of its eventual removal. It can simply wear down the country’s resolve until it abandons its hold on the shoal, or so China believes. China is trying to prevent a united stand in the region since lawfare can be matched by counter-lawfare, such as by tightening existing legal maritime provisions or creating new ones in line with international law to assert the other claimant nations’ interests, according to geopolitical experts. ASEAN has inherent structural limitations make it challenging to take a united position on the South China Sea disputes. China exploits these limitations, such as the ASEAN decision-making process, where a disagreement by one member defeats a unified stand of the 10-nation group. Thus, the role of powers outside the region remains more important than ever to backstop the efforts to maintain stability while following international law. Previous talk about matching the military prowess of China, particularly for the long haul, would be impossible for the Philippines. This was why the alliance with the United States through EDCA was strengthened — to give the Philippines the minimum defense capability against aggressors. The post Long-game scenario appeared first on Daily Tribune......»»
Global concern
China’s recent release of its rewritten claim in the 10-dash line map is a prelude to more aggressive actions in the West Philippine Sea or WPS, according to the assessment of Defense Secretary Gilbert Teodoro. Through a media mouthpiece, Beijing described the revision of its boundaries as a “normal exercise of sovereignty by law.” Security officials, however, view the new map as establishing China’s intent to strengthen its “control and occupation of the West Philippine Sea.” Teodoro urged international support for the 2016 Permanent Court of Arbitration ruling invalidating China’s historic claim, or “if that’s not stopped, then the whole international rules-based order is in jeopardy.” China has consistently refused to arbitrate the overlapping claims in the WPS, insisting on bilateral dialogues or, at most, a settlement among claimants, which proved to go nowhere. Negotiations for binding rules in a proposed Code of Conduct have failed to advance for over 20 years. Ignoring China’s increasing assertiveness jeopardizes global trade since nearly all of the region’s goods shipments to the West and vice versa pass through the disputed waters. “If China’s claims are given credence, freedom of navigation and freedom of air traffic is jeopardized,” Teodoro warned. While China keeps blaming US intervention for creating instability in the region, the lack of concerted action among nations that Beijing encourages has led to its unbridled occupation of the sea features. Teodoro stressed that China’s “expansionist policy” heightens tensions. “It is the expansionist policy of China that is escalating the tensions not only between us but with Vietnam and other actors, and their 10-dash line is the best proof that they want to escalate tensions within the area,” he said. Teodoro contrasted the actions of China and the Philippines, saying that while Beijing asserts an arbitrary historical claim, Manila insists on enforcing international law based on the arbitral ruling. China’s containment is also not the target of the expanded Enhanced Defense Cooperation Agreement between the Philippines and the United States. “China keeps saying that we are containing them. If you use the word contain, that means to say you have an intention to expand, so for me, it’s disingenuous for them to use that term,” the defense chief explained. Despite the assertion of China that the Philippines has given the United States a free hand to intervene in the conflict, Teodoro said the country’s independent foreign policy of being a friend to all and an enemy to none is being maintained. “The (recent) water cannon (incident) proves that we are not leaning too much on the US because if we lean too much on the US, we would have asked them to escort us there, which we don’t want to do because we want to do things our way and we want a balanced foreign policy,” he said. President Ferdinand “Bongbong” Marcos Jr. said the country’s independent foreign policy is being upheld. Still, we will adhere to enforcing international law, particularly the 2016 international tribunal ruling based on the provisions of the United Nations Convention on the Law of the Sea. During the term of his predecessor, President Rodrigo Duterte, closer relations with China resulted in commitments of economic assistance and the fair resolution of the territorial rift through a CoC. Only a few promises were realized, rewards for actions that showed hostility towards the Americans. It didn’t go far, however, as in the twilight of his term, Duterte had to raise the international tribunal’s decision and the country’s maritime rights. Duterte said the ruling couldn’t be erased, and China would have to follow it, resulting in acrimony that continues today. The post Global concern appeared first on Daily Tribune......»»