FORMER Foreign Affairs Secretary Albert F. Del Rosario on Friday reiterated that the Philippines should not remain silent on China’s “non-adherence to the law” in the South China Sea.
In his speech during a forum organized by Stratbase ADR Institute, Mr. Del Rosario said the Philippines should act instead “with peaceful resistance against threats” to the country’s sovereign rights.
“Let us not be willing victims by supporting and fueling China’s non-adherence to the rule of law. Concomitantly, we cannot remain silent,” he said.
“By being silent, we have weaponized an aggressor to do more harm. By being silent, we have encouraged further aggression into our territories and marine resources,” Mr. Del Rosario added.
He also said the country should stand up and begin to rally the support of other countries. The Philippines may seek the United Nations General Assembly to issue a resolution that would order China to comply with the arbitral ruling.
Mr. Del Rosario maintained that China must abide by the “totality of the UNCLOS (UN Convention on the Law of the Sea) and not choose its actions arbitrarily for its benefit.”
“Since our northern neighbor is a signatory to UNCLOS, it cannot pick and choose arbitrarily what benefits China,” he said.
He also cited successful cases wherein the states involved resolved territorial disputes, such as The Netherlands and Russia, Mauritius and United Kingdon, as well as Nicaragua and the United States.
“The losing parties in these cases ultimately and substantively complied with the award of the arbitral tribunal,” he said.
Mr. Del Rosario also lauded the recent remarks of President Rodrigo R. Duterte regarding China’s radio warnings in the region. The President earlier called on China to temper its behavior in the disputed region.
“Nine out of 10 Filipinos would be encouraged and inspired by this manifestation of our President’s positive leadership,” he said.
For her part, Australian Ambassador Amanda Gorely urged Southeast Asian nations to ensure the Code of Conduct in South China will not “prejudice the interests of third parties.”
In her speech, she highlighted the importance of a rules-based international system, especially in managing the situation in the South China Sea.
“Negotiating a strong and effective Code of Conduct for the South China Sea, without prejudicing the interests and rights of non-signatories, could make a positive contribution,” she said.
Ms. Gorely added that aside from the threats coming from countries ignoring international law, “countries that do not defend the rules when they are challenged” pose risks in defending the international system.
She advocated a dispute settlement mechanism under UNCLOS, which she said allowed Australia and Timor Leste to solve their maritime disagreements in a peaceful manner.
She pushed for freedom of navigation and overflight in the South China Sea region, saying that such principle has allowed Australia to bring support to the Philippines from trade to disaster responses.
“Any illegitimate restriction on freedom of navigation is unacceptable to Australia,” she said.
The United Kingdom also appealed for all parties in the South China Sea region to respect freedom of navigation and international law, including the arbitral ruling favoring the Philippines.
“It is critical for regional stability, and for the integrity of the rules-based international system, that disputes in the region are resolved, not through force, militarization or coercion, but through dialogue and in accordance with international law,” said UK Minister of State for Foreign and Commonwealth Office Mark Field MP. — Camille A. Aguinaldo

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