Philippine Daily Inquirer

DUTERTE: ARBITRAL RULING NOT AN ISSUE FOR ASEAN

- By Leila B. Salaverria — WITH REPORTS FROM GABRIEL CARDINOZA, NIKKO DIZON AND REUTERS INQ @LeilasINQ

President Duterte on Thursday said it was pointless discussing at the Associatio­n of Southeast Asian Nations (Asean) summit the Philippine­s’ victory over China in the South China Sea dispute, and no one dared pressure Beijing anyway.

Mr. Duterte told reporters that the UN-backed Permanent Court of Arbitratio­n’s ruling in favor of the Philippine­s in the South China Sea dispute was an issue between Manila and Beijing only and it was not worth discussing with other Asean member states during the summit in Manila this week.

“I will skip the arbitral ruling. It is not an issue here in the Asean,” Mr. Duterte said.

Handed down on July 12 last year, the arbitral ruling invalidate­d China’s claim to almost all of the South China Sea and said Beijing violated Manila’s sovereign right to fish and explore resources in the West Philippine Sea, waters in the South China Sea within the Philippine­s’ 370-kilometer exclusive economic zone.

Mr. Duterte, however, said the Philippine­s, the Asean chair this year, could not alone force China to abide by the ruling.

“China said [it was] completely ignoring the [ruling], so what more can you ask of it? Make noise? For what?” he said.

‘Misunderst­anding’

On reports that China’s Navy harassed Filipino fishermen at Union Banks, in the Spratly archipelag­o, Mr. Duterte said there had been a “misunderst­anding.”

“We have talked about it. I said I [hoped it would] not happen again,” he said.

The ruling is relevant to the disputes between China and three other Asean members—Brunei, Malaysia and Vietnam—over territory in the South China Sea.

But Mr. Duterte, a selfstyled socialist who came to office in June last year, has deferred assertion of the country’s legal victory to repair relations with China that had been frayed by the Philippine challenge in the Hague court.

He visited Beijing in October last year and returned home with millions of dollars in Chinese pledges of projects and investment in the Philippine­s.

A study commission­ed by the Philippine government in 1975 establishe­d that the Kalayaan group belongs to the Philippine­s and not to China, Jay Batongbaca­l, director of the University of the Philippine­s (UP) Institute for Maritime Affairs and Law of the Sea, told a forum sponsored by the military’s northern command in Tarlac City on Wednesday.

But the study was never published, Batongbaca­l said.

“It was a secret study. It was basically commission­ed by the government through then Solicitor General Estelito Mendoza. It was conducted by UP professors whowere then with what is now the Asian Center,” he said.

“If it was published at that time, we [won’t be facing] this ‘historic rights’ argument of China [today,” he said.

An offshoot of the study was Presidenti­al Decree No. 1596, which declared the Kalayaan group part of the Philippine territory, Batongbaca­l said.

It was issued by dictator Ferdinand Marcos in 1978, he added.

On Wednesday, Marciano Paynor Jr., director general of the Asean 2017 National Organizing Council, said that as chair of this year’s summit, the Philippine­s should be neutral in the South China Sea disputes.

Adraft of the customary joint statement to be issued by the Asean leaders at the end of their summit on Saturday indicates that they will express serious concern over territoria­l disputes in the South China Sea but will not directly refer to China or mention the arbitral decision.

China has steadfastl­y opposed the raising in internatio­nal forums of its territoria­l disputes with Asean nations and Taiwan in the South China Sea.

When they played host to the Asean summit, Cambodia and Laos, both economical­ly dependent on China, allowed mention of the disputes in the postsummit statement, but not reference to China by name.

Code of conduct

As Asean chair, however, the Philippine­s has a “golden opportunit­y” to push for the completion a framework for a code of conduct for the South China Sea claimants, according to UP professor Chester Cabalza.

Mr. Duterte, Cabalza said on Thursday, should maximize his “influence in the region and good relations with China” for the conclusion of the code, which should recognize freedom of navigation and overflight.

Mr. Duterte said the Manila summit would discuss the proposed code, the framework for which the Philippine­s hopes will be completed this year.

 ?? —LYN RILLON ?? LUNETA RITES Sultan Hassanal Bolkiah of Brunei leads wreath-laying ceremonies at the Rizal Monument in Luneta Park during his state visit to the Philippine­s.
—LYN RILLON LUNETA RITES Sultan Hassanal Bolkiah of Brunei leads wreath-laying ceremonies at the Rizal Monument in Luneta Park during his state visit to the Philippine­s.

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