Our policy makers should analyze the meaning of sovereignty from sovereign right. Only by understanding the fine difference between the two can we understand the problem that is being hyped up to keep alive the wedge between China and this country. I am referring to the issue in Benham Rise.
This column calls it an issue, not a dispute, because China is not claiming that vast expanse body of water, west of Luzon. There can be no dispute because the United Nations has already declared the area to be a part of the Philippine continental shelf. The UN Commission on the Limits of Continent Shelf has already approved the country’s position stating that it forms part of an extinct volcanic ridge located off the coast of Dinapigue, Isabela.
The problem is that the US-guided local media is rather quick to put things in black and white ignoring that beyond the 12-mile limit, we can only exercise limited sovereign right, it being part of the country’s continental shelf. This means, while we enjoy prior right to exploit or develop the natural resources in the area, it does not vest in us the exclusive right to exclude other states from exercising certain rights recognized under UNCLOS, foremost of which is the right of innocent passage for maritime navigation.
The most lucid analysis on the issue is the explanation made by our own Ambassador Jose V. Romero in his column, to quote: “Before we lose our cool over the issue, let us first understand what exclusive economic zones are all about. These vast areas are not part of the territorial waters of this country which is only 12 miles from land. It does, however, grant the country less than sovereign rights to exploit resources thereto without preventing other nations from doing the same. In short, UNCLOS, by awarding it as an exclusive economic zone, is not making the area part of the archipelago. It merely awards sovereign [not territorial] right for the purpose of exploring and exploiting, conserving and managing the natural resources of the area. It does not, however, in any way, allow this country to restrict freedom of navigation or right of innocent passage [even of warships] or prevent other nations from fishing and doing things enumerated below.”
“In sum, under UNCLOS, all states enjoy the rights of innocent passage which include: a) freedom of navigation; b) freedom of overfight; c) freedom to lay submarine cables and pipelines; d) freedom to construct artificial island, and other installations permitted under international law and conditions laid out by the convention; e) freedom of fishing, subject to conditions; and f) freedom of scientific research.”
Surprisingly, Justice Antonio Carpio, an arch China basher, earlier came out to squelch the fear of the local Sinophobe that China is about to corral the country from east to west of Luzon, and to quote what he said, “Other states, like China, have the right to conduct in Benham Rise (1) fishery research because the fish in the ECS (extended continental shelf) belongs to mankind; (2) surveys on water salinity and water currents because the water column in the ECS belongs to mankind; and (3) depth soundings for navigational purposes because there is freedom of navigation in the ECS. If the Chinese vessels were looking for submarine passages and parking spaces, that would be part of freedom of navigation and the Philippines has no reason to complain.”
Carpio even went as far as to concede that countries that have submarines can navigate through that ridge of the continental shelf to hide or seek shelter to avoid satellite and sonar detection. This is to elaborate on his statement that one cannot impose sovereignty over a body of water. If Chinese submarines are now exploring the area, as Carpio insinuates, there is no way we can prevent them under UNCLOS.
Maybe, China can toss the same question why we have not done anything to prevent US submarines and naval ships from crisscrossing the archipelago on their way to South China Sea. Not a single instance did the US sought our permission to allow both its surface and underwater warships to enter the Philippine archipelago. Understanding our precarious position, President Duterte explained that the Philippines only exercises sovereign rights over Benham Rise, not sovereignty.
This clarification made by the President failed to calm down the misplaced anxiety of those people who have been seeking to create a wedge between China and this country. Reuters quoted China’s Foreign Ministry spokesman, “China will respect the Philippine maritime area rights over the Benham Rise. On this point, there has not been, is not at the moment and will not be a dispute between China and the Philippines.” Note that China used the term “maritime right over the Benham Rise.”
China’s policy makers are not naïve as their counterpart here not to realize the implication should they claim that area. There is absolutely no basis whatsoever for them to claim the area unless China insists that the Philippines was once a part of the Chinese empire, and by implication, pursue the line that Benham Rise is part of the Philippines’ continental shelf. Such outlandish assertion could surely trigger an avalanche of political shockwaves. It means that China is now redrawing its geographic map to include all the countries in the Pacific Ocean.
Failing on this issue, these media trolls now focus their attention to the renaming of five portions in the Benham Rise area with Chinese names. Specifically these are: Jinghao Seamount and Tianbao Seamounts, both located some 70 nautical miles east of Cagayan; Haidonquing Seamount further east at 190 nautical miles; Cuiqiao Hill and Jujiu Seamount, both form the central peaks of the Philippine Rise undersea geological province itself. According to Jay Batongbacal, the International Hydrographic Organization has approved last year the naming of these areas with Chinese names.
They see this as the weak point to castigate President Duterte. But nobody is contesting that. It does not signify anything like ownership by China of the area. Maybe they have their reason which is to serve as guide to Chinese scientists conducting research, but definitely we cannot prevent them. If we are annoyed, we can do our renaming of those areas, and surely nobody can prevent us just like that political stunt made by Noynoy to change of South China Sea to West Philippine Sea.