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Home Opinion Columns About Town by Ernesto M. Hilario

Bilateral talks on South China Sea dispute

Ernesto M. HilariobyErnesto M. Hilario
August 27, 2021, 12:10 am
in About Town by Ernesto M. Hilario
Reading Time: 4 mins read
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"Diplomacy requires tact."

 

How should we deal with China on the territorial and maritime dispute in the South China Sea?

The prudent thing to do is to let diplomacy and negotiations settle contentious issues that arise from time to time.

Diplomacy requires tact, however, and part of that is keeping sensitive matters under discussion or have yet to be resolved under wraps until such time that agreement has been reached—and therefore can already be made public.

That appears to be the operative principle behind the Bilateral Consultative Mechanism (BCM) between the Philippine and China in the aftermath of the 2016 ruling of the Permanent Arbitral Tribunal established by the United Nations Convention on the Law of the Sea (Unclos).  

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Understandably, the communiqués issued after the meetings of the total of six BCMs since 2017 have been couched in general terms, mainly on agreements reached, rather than on controversial issues.

Let us deal with the most recent BCM—the sixth—held last May 21 with Chinese Assistant Minister of Foreign Affairs Wu Jianghao and Philippine Deputy Foreign Minister Elizabeth Buensuceso as co-chairs. The meeting was held via video link because of the raging COVID-19 pandemic.   

At the outset, Wu Jianghao pointed out, China-Philippines relations have maintained a healthy and stable development in recent years: "The two sides have made efforts to enhance political mutual trust and cooperate on an extensive and intensive basis, bringing tangible benefits to the two peoples. We should strictly follow and fully implement a series of important consensus reached by the top leaders of the two countries on the South China Sea-related issue, and make positive contributions to maintaining friendly relations between the two countries and peace and stability in the South China Sea."

For her part, Deputy Foreign Affairs Secretary Buensuceso emphasized that the BCM is an important initiative to implement the consensus of Chinese President Xi Jinping and President Rodrigo Duterte and also a platform for the two sides to have candid and pragmatic exchanges on South China Sea-related issues.

The Foreign Affairs official said  two sides should carry out "dialogue and exchanges in a spirit of friendship and mutual respect, and translate the results of the dialogue into practical actions" to strengthen the relations between the two countries.

The two parties noted the efforts made by both China and ASEAN countries "to maintain the momentum of consultations on entering into a Code of Conduct in the South China Sea in spite of the difficulties brought by COVID-19." Both sides discussed their positions on issues of common concern, including cooperation on maritime security, oil and gas exploration, fisheries, environmental protection, maritime search and rescue, and marine scientific research.

The meeting was also attended by representatives from Chinese and Philippine departments tasked with foreign affairs, national defense, environment and natural resources, transportation, agriculture, and energy. Interestingly, the Coast Guard of both sides also attended the meeting. Three working groups established under the BCM, namely Political and Security Affairs, Fisheries Affairs, Marine Scientific Research and Environmental Protection, also conducted separate meetings.

Responding to a question from Shenzhen TV, Chinese Foreign Ministry spokesperson Zhao Lijian had earlier said the two sides

established the bilateral consultation mechanism on the South China Sea in 2017 to discuss confidence-building measures and promote maritime security and cooperation.

Summing up the discussions in the previous five BCM meetings, the Chinese diplomat said the two sides had in-depth communication and dialogue on maritime disputes.

Furthermore, he said, the meetings "played an active role in promoting the sound and steady development of bilateral ties and upholding peace and stability in the South China Sea."

We see the continuing series of BCMs as a positive development as these are a convenient platform for Manila and Beijing to thresh out seemingly irreconcilable differences on the South China Sea  issue.

We know that China has taken a strong stand against the 2016 ruling of the Permanent Arbitral Tribunal in The Hague that favored the Philippine case. The Chinese Embassy in Manila reiterated in July last year: "China's position is consistent, clear and firm. The

South China Sea arbitration and its so-called award are illegal and invalid. China does not accept or participate in the arbitration, nor does it accept or recognize the so-called award. China's territorial sovereignty and maritime rights and interests in the South China Sea will under no circumstances be affected by this award. China firmly opposes and will never accept any claim or action based on aforesaid award."

The hardline stand of the Chinese government, however, has not prevented the two sides from  facing each other across the negotiating table. In fact, as pointed out by their embassy in Manila, both countries "have already reached consensus on properly handling the so-called arbitration case, which has laid down solid ground for the turning-around of bilateral relations."

Through bilateral negotiations and consultation, the two countries appear to have managed controversial issues away from the glare of TV cameras. But we hope the two sides can also make public the details of specific agreements, to avoid speculation and misunderstanding. What's important, from where we sit, is for the two sides to continue to exert efforts to sustain the momentum of bilateral relations and keep these on an even keel despite turbulent waters every now and then. 

ernhil@yahoo.com

Tags: Bilateral talksChinaErnesto HilarioSouth China SeaUnclosUnited Nations Convention on the Law of the Sea
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Ernesto M. Hilario

Ernesto M. Hilario

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