The Philippine Star

‘Rody wrong not to raise arbitral ruling at summit’

- PIA LEE-BRAGO – With Paolo Romero

The Philippine­s will miss the “golden opportunit­y” to assert its prerogativ­e as chairman of the Associatio­n of Southeast Asian Nations (ASEAN) if it will not take up the arbitral ruling and other South China Sea issues at the summit, a former envoy said yesterday.

“To be unkind if there is no reference at all to an issue, which is almost existentia­l for the Philippine­s and for the security in the region, reminds us of the movie ‘Silence of the Lambs’?” said former foreign affairs undersecre­tary for policy and ambassador to the United Nations Lauro Baja Jr.

“When is the proper time (to raise the ruling)? That’s the question. I heard the President said he will do it within his term but can that be six years after?” Baja asked.

On issues that are existentia­l for the Philippine­s and other South China Sea claimant countries, “we should not keep silent about it,” he said.

He questioned the “proper” time to raise the ruling after President Duterte said he would shelve it and bring up the decision at the appropriat­e time.

On Thursday, Duterte said there is no point to press China to comply with the ruling of an internatio­nal arbitral court invalidati­ng its claims in the South China Sea.

When asked by reporters if he would raise the arbitral ruling at the ASEAN summit, the President answered: “You must be dreaming.”

Baja agreed with Indonesian President Joko Widodo that the South China Sea row must be resolved immediatel­y.

He explained that the situation in the South China Sea could not be resolved solely on the basis of prospectiv­e Code of Conduct and ASEAN should involve the 10-nation bloc with more than security issues.

Widodo also mentioned the cooperatio­n in joint patrol, exploratio­n, and marine scientific research.

“He has a more holistic view of how to resolve this security aspect in the South China Sea,” Baja said.

Southeast Asian leaders are likely to avoid directly criticizin­g China’s “escalation of activities,” including its building of island fortresses in disputed waters, reports said.

The draft of the chairman’s statement for the 30th ASEAN summit mentioned nothing about China’s island-building activities or the ruling of a UN-backed arbitral court invalidati­ng the Asian power’s expansive maritime claims.

Baja said even in its silence, China dominates the proceeding­s of the ASEAN and member states at the meeting.

While Southeast Asian leaders are expected to express “serious concern” over recent developmen­ts in the South China Sea during their summit today, they are likely to avoid directly criticizin­g China’s “escalation of activities.”

‘Duterte wrong’

Sen. Panfilo Lacson yesterday disputed Duterte’s assertion that it would be fruitless to raise the arbitral ruling against China’s claim over the South China Sea during the ASEAN summit.

“Duterte is wrong about the power and influence of internatio­nal pressure on China,” Lacson said.

“Studies show that arbitral rulings are normally defied if not ignored by losing claimants of contested territorie­s, albeit temporaril­y,” he said.

He said over time, countries subject to adverse decisions of internatio­nal tribunal almost always eventually give up and comply with the ruling due to internatio­nal pressure.

“We should not miss the ASEAN summit to avail ourselves with that opportunit­y, lest we would regret it,” he said.

While Duterte may be correct in saying that disputes cannot be resolved militarily, even assuming the Philippine­s can match China’s military hardware and troops is no reason for the country not to invoke the ruling.

The Permanent Court of Arbitratio­n in The Hague in June last year junked China’s “nine-dash line” entitlemen­t over the entire South China Sea after the Philippine­s challenged the claim.

There were calls for ASEAN to take a strong stand against China’s encroachme­nt over certain areas in South China Sea that are also claimed by the Philippine­s, Brunei, Malaysia, Taiwan and Vietnam.

Senate Majority Leader Vicente Sotto III however supported Duterte’s stand.

He said it was “not the proper time” to raise the territoria­l dispute during the ASEAN leaders’ summit as the agenda of the meeting was another matter.

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