Don’t bungle this

Herbie Gomez

JUST before the Permanent Court of Arbitration in The Hague gave a sweeping rebuke of Beijing’s behavior in the South China Sea, an Agence France-Presse (AFP) report in TV5’s online news portal Interaksyon.com quoted Foreign Affairs Secretary Perfecto Yasay as saying that the Philippine government is willing to share natural resources there with China.

The AFP report quoted Yasay: “We can even have the objective of seeing how we can jointly explore this territory. How we can utilize and benefit mutually from the utilization of the resources in this exclusive economic zone where claims are overlapping.”

I have no idea exactly how Malacanang intends to do it especially with last week’s landmark decision that the world, except China, sees to be legally binding. Beijing did not participate in the international court’s proceedings and it has clearly stated that it rejects the ruling. In fact, it categorically stated that it did not recognize the arbitration process from the very start, and even called the tribunal “illegitimate.”

While the community of nations recognize the ruling, giving the Philippines the legal upperhand, there are no mechanisms for enforcing the decision. And so, the Chinese Coast Guard is still there off the waters of Scarborough Shoal, driving our vessels and our fishermen away, and trampling on our territorial rights and mocking our sovereignty.

Beijing’s resolute adherence to its claims on the territory has no basis whatsoever except for assertions that China discovered the islands there in 2 BC and that these were marked in ancient maps supposedly compiled during the Han Dynasty.

Clearly, these claims and assertions by Beijing don’t stand vis-à-vis the United Nations Convention on the Law of the Sea (Unclos) that provides the 200-mile Exclusive Economic Zone. China and the Philippines ratified this. Therefore, the issue is really a no-brainer.

How long would Beijing be able to keep up with this bullheadedness and risk being labeled an international outlaw?

The tribunal made it very clear: there is no historical proof whatsoever that China had exercised exclusive control over the waters or resources there; China severely harmed the coral reef there; and it violated the Philippines’ sovereign rights. Whether China recognizes the tribunal and acknowledges the decision or not, fact is, the community of nations is on our side.

Malacanang should have been celebrating with all of us because the entire world knows that we are correct and China is wrong. But it looks like the Palace wasn’t in high spirits over the tribunal’s milestone decision.

Right after the verdict was made known, Yasay gave a sad face. Why? Was there a commitment given to China? Was there an arrangement Filipinos know nothing about?

Whatever the Duterte administration and Beijing agree to do, it has to be made clear that the Philippines cannot “share” or surrender its sovereignty over a territory that is ours. Sharing of natural resources is doable, I guess, but it would depend on the set-up and what’s going to be in the agreement. The devil is in the details.

Our officials should bear in mind that whatever the agreement would be would affect future generations of Filipinos, and tie the hands of administrations after Duterte’s and so, Malacanang should handle this very carefully. Every provision and word in such agreement has to be scrutinized and carefully weighed.

Share anything except Philippine sovereignty. Please don’t spoil our legal victory. Do not bungle this.

Pastilan.