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Saturday, September 7, 2024

‘Inaccurate’ interpretation of agreement

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“Both sides should strive to de-escalate the situation in the vital sealane and to manage differences in a peaceful manner and to the extent possible”

Early last week, news reports indicated the simmering tension in the West Philippine Sea between the Philippines and China had begun to cool down, in a way, and could eventually lead to a mutual understanding.

That was my initial impression after the Department of Foreign Affairs reported the Philippines and China had reached an “understanding” on a “temporary arrangement” for the rotation and resupply (RoRe) missions of daily necessities to the BRP Sierra Madre in Ayungin (Second Thomas) Shoal.

Here’s what the DFA actually said: “Both sides continue to recognize the need to de-escalate the situation in the South China Sea and manage differences through dialogue and consultation and agree that the agreement will not prejudice each other’s positions in the South China Sea.”

Beyond this, however, the DFA was tight-lipped on the specifics of the supposed deal.

That must have been the diplomatic, or tactful, thing to do so as not to pre-empt what the other side had up their sleeve.

The supposed agreement was reached after a series of consultations following what the two countries described as “frank and constructive discussions” during the 9th Bilateral Consultation Mechanism (BCM) held in Manila on July 2.

The DFA side was led by DFA Undersecretary Ma. Theresa Lazaro while the Chinese were represented by Chinese Vice Foreign Minister Chen Xiaodong.

I have followed the progress of the BCMs since they started in 2017 with no less than then Ambassador Chito Sta. Romana representing the Philippine side.

My conclusion is the two sides have never really agreed on anything substantial that would lead to the resolution of issues, if what’s been happening in the West Philippine Sea is any indication.

In practice, the two sides never really publicly discuss the specifics of their supposed agreements.

The communiqués they have issued after each meeting were always couched in diplomatese—“frank and cordial” discussions—they said, with no reference at all to, for instance, any banging on the table amid heated discussions or serious disagreements.

The latest communiqué said in part: “In her comments, Undersecretary Lazaro underscored to her counterpart that the Philippines will be relentless in protecting its interests and upholding its sovereignty, sovereign rights, and jurisdiction in the West Philippine Sea.”

On July 22, however, it appears the Chinese side had issued a statement that did not adhere to what they had agreed upon.

The spokesperson of China’s Ministry of Foreign Affairs claimed the two sides had agreed on the need for prior notification and on-site confirmation before conducting resupply missions in Ayungin (Second Thomas) Shoal.

Our DFA reacted sharply to this: “The spokesperson’s statement … regarding prior notification and on-site confirmation is inaccurate.”

It was not clear, however, if the provisions cited by the Chinese MFA were part of the conditions under the agreement as both parties have yet to release specifics of the deal.

Responding to inquiries about the agreement, the Chinese MFA, through the Chinese Embassy in Manila, reiterated its “principled” position with three main points, primarily its demand for the Philippines to tow away the rusting warship, which serves as a military outpost in the West Philippine Sea.

“Between now and when the warship is towed away, should the Philippines need to send living necessities to the personnel living on the warship, China is willing to allow it in a humanitarian spirit if the Philippines informs China in advance and after on-site verification is conducted. China will monitor the entire resupply process,” it said.

The Chinese MFA added Beijing would “absolutely” reject and “resolutely stop” any attempt by Manila to send large amounts of construction materials to the warship and build fixed facilities or permanent outposts.

Responding to the “inaccuracy” of the prior notification and on-site confirmation conditions laid down by China, our DFA said: “The principles and approaches laid out in the agreement were reached through a series of careful and meticulous consultations between both sides that paved the way for a convergence of ideas without compromising national positions.”

The DFA also emphasized the agreement was concluded with the clear understanding on both sides it would not prejudice both countries’ respective national positions.

I’m afraid it is the same murky situation in the West Philippine Sea at present from where we sit, despite face-to-face negotiations through 9 BCMs.

But it is entirely correct for the Philippines to continue asserting its rights and jurisdiction in our Exclusive Economic Zone that includes Ayungin Shoal where the BRP Sierra Madre is grounded.

At the same time, however, both sides should also strive to de-escalate the situation in the vital sealane and to manage differences in a peaceful manner and to the extent possible. (Email: ernhil@yahoo.com)

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