China rejects to settle Scarborough Standoff in International Court but summons Manila envoy

China has rejected the Philippines' appeal to take the dispute over Scarborough (Panatag) Shoal to an international court.

Foreign Ministry spokesman Liu Weimin said Wednesday that China has evidence to prove its ownership of the shoal, where military vessels of both countries have been facing off since last week.

The Philippines said the shoal is well within the country's 230-mile (370-kilometer) exclusive economic zone that is recognized under the U.N. Convention on the Law of the Sea.

Liu said that claim is "completely baseless."

The Philippines is appealing to China to bring the dispute before the International Tribunal on the Law of the Sea (ITLOS).

In a statement released to on Wednesday, the Department of Foreign Affairs (DFA) reiterated that the shoal is part of Philippine territory, and actually part of a province in Luzon, called the Bajo de Masinloc.

"Bajo de Masinloc is an integral part of the Philippine territory. It is part of the Municipality of Masinloc, Province of Zambales. It is located 124 nautical miles west of Zambales and is within the 200 nautical-mile Exclusive Economic Zone (EEZ) and Philippine Continental Shelf," the DFA said.

The DFA also debunked China's "historical" claim over the shoal. It said that the claim has yet to be substantiated "by a clear historic title."

"It should be noted that under public international law, historical claims are not historical titles. A claim by itself, including historical claim, could not be a basis for acquiring a territory," the DFA said.

Malacañang, meanwhile, reiterated that the Philippines will continue to look for "diplomatic, legal and peaceful" means to resolve the dispute over the shoal.

Communications Secretary Ricky Carandang said in a press briefing in Malacañang that the best way to resolve the dispute is through international law and international legal procedures.

"The best way to resolve the issue is through international law and international legal procedures which all nations have promised to adhere to so we are looking for peaceful and clear solutions to the issue...," Carandang said.

He said that part of the government's effort to solve the issue through international procedures is the DFA's appeal to China to settle the dispute in the ITLOS.

"... as the President said, we don't intend to go to war over this. If we can resolve this diplomatically, peacefully and legally then that is what we are going to do., so in adherence with our stand that it should resolved in consistency with the international law, that is what we are asking from China," he added.

China summoned a diplomat from the Philippines for a second time on Wednesday to protest Manila's claim over an area of the South China Sea, a foreign ministry spokesman said, as the standoff between the two countries showed no sign of ending.

The most recent dispute is well into its second week, with a Philippine coast guard ship and two Chinese maritime surveillance vessels faced off near the Scarborough Shoal in waters believed to be rich in oil and gas.

Vice Foreign Minister Fu Ying "urgently summoned" the Philippines Charge' d'affaires, Alex Chua, on Sunday and again on Wednesday, Foreign Ministry spokesman Liu Weimin told reporters.

"She pointed out that the Philippines military vessels' harassment of Chinese fishermen and fishing boats have drawn the close attention of China," Liu said.

"We hope the Philippines side will honor its commitment and withdraw its ships from the relevant waters immediately, so that the waters of Scarborough Shoal /Panatag Shoal (Huangyan island) can return to peace and stability."

The small group of rocky islets, known in the Philippines as the Panatag Shoal but which the Chinese call Huangyan, is about 124 nautical miles off the main Philippine island of Luzon, near a former U.S. Navy base in Subic Bay.

The Philippines is to ask China to agree to take the dispute to an international court.

Liu stress Beijing's position that the islands are part of China's "inherent territory", adding that "China was the first to discover and name the Huangyan island, the first to list it into China's territory and to practice sovereign jurisdiction".

The Philippines Foreign Affairs Department said on Wednesday that "a claim by itself, including historical claim, could not be a basis for acquiring a territory".

Philippine Foreign Affairs Secretary Albert del Rosario said he summoned China's ambassador to Manila, Ma Keqing, for talks last week.

The dispute is one of myriad of conflicting claims over islands, reefs and shoals in the South China Sea that pit China against the Philippines, Vietnam, Brunei, Malaysia and Taiwan.

Tension has risen in the past two years over worries China is becoming more assertive in its claims to the sea which straddles shipping lanes between East Asia and Europe and the Middle East.

Continue reading

China Vs Philippines - ICJ The dispute over Scarborough Shoal

Jose Mario Dolor de Vega

I am writing in reference to the stand-off between the Philippines and China last week in relation to the dispute and ownership of the Spratly islands.

The pertinent facts of this latest confrontation are not in dispute.

According to the Associate Press:"A Philippine warship attempted to arrest several Chinese fishermen accused of illegal entry and poaching, but was prevented by the arrival of two Chinese surveillance ships. One of the Chinese ships blocked the entrance to a lagoon at the shoal, where at least eight Chinese fishing vessels were anchored. The Chinese ships also ordered the Philippine warship to leave Scarborough, claiming Chinese sovereignty over the rich fishing ground. But the warship has stayed put, arguing it is Philippine territory."

Hence, due this volatile and fragile situation, diplomats from the two countries concern are scrambling to resolve the impasse.

It is my firm contention and considered view that the most appropriate way and reasonable manner of settling this dispute and claim of ownership must be lodge to the International Court of Justice.

Based on International Law, this sensitive case is so impressed not only with regional peace and stability, but most importantly of both human and universal interest.

The International Court of Justice (ICJ), without a doubt, has the exclusive jurisdiction to resolve this matter of great and grave concern.

The crucial issues that the Court will address and finally pass judgment will be the following:

a) Who among the different claimants and disputants has the superior right with regard to the possession of the said group of islands?

b) Who has the exclusive and/or the collective owner(s) of the same?

c) The judicial act of giving, handling and granting custody, possession and jurisdiction to the rightful and legal owner(s).

My legal contention is in conformity with the thesis advanced by V. Thomas: "Tensions between China and the Philippines rose when the Philippines challenged China's claims of exclusive rights and sovereignty over the Spratlys. These islands are reportedly rich in gas, oil and other mineral deposits. China, the Philippines, Taiwan, Brunei, Vietnam and Malaysia have all made claims to them.

"It could turn into a regional hot spot unless a diplomatic way is found to defuse the tension, such as by sharing the resources or, better still, if all the claimant countries refer the dispute to the International Court of Justice in the Netherlands.

"Malaysia, Singapore and Indonesia have availed themselves of the court's international law expertise to settle territorial disputes.

"The court's judgment was accepted in good faith by all and this has raised its stature."

It is my fervent hope that after the ruling of the Court, all the contestants, parties-in-interests, and disputants to this issue will respect and abide by the decision and thereby secure the peace and harmony that the region and the whole world justly deserve.

Indeed, "it is better to settle territorial disputes with the court than opt for war". A military confrontation or an armed hostility would be against the interest of humanity.

However, having said and laid down this humble suggestion in the hope of reasonably, peacefully and diplomatically adjudicating and resolving the problem, it is sad and unfortunate to state that China with her full might and vast power is doing acts and postures which undeniably are detrimental and indeed prejudicial to regional peace!

Do I have to list down here their series of historical confrontations with the other disputants with regard to these islands through the years?

China always invoked their so-called historical right to the said islands by virtue of the fact that it is located at the West Philippines (South China) Sea.

This is not only a preposterous and outrageous idea, but definitely ridiculous! If we will follow the "logic" of this argument, that is if a reasonable mind could even construe it as an argument its conclusions would be that technically the whole of those islands and countries of Southeast Asia are domains and properties of China.

And if the world will sanction this myopic position of China, then it will serve as a precedent that will empower India to say and assert that all those islands and countries that lie in the Indian Ocean based on their own historical right righteously belongs to it! This is utterly laughable to the core!

A Philippine newspaper reported on April 13 that: "The government has stated that it is prepared to protect the sovereign integrity of the shoal which, at 124 nautical miles off Zambales, is well within the 200-Nautical -mile exclusive economic zone. In comparison, China is some 500 nautical miles from Scarborough Shoal."

The pertinent question here is, given this irrefutable facts and undeniable proof, does China have the moral and the legal right to claim the said group of islands, solely on the dubious ground that those islands lies on the sea which contains their name?

On this juncture, may I refer the attention of the public to the article of Chow How Ban, "The Philippines and China in troubled waters", The Star, April 14. The author stated in no ambiguous term the following remarkable words:

"Tension is rising in the South China Sea. China's navy is ready to hit back if a clash between several Chinese fishing boats and a Filipino naval vessel in the waters of Huangyan Island cannot be resolved diplomatically, Chinese patriots have been flooding the media with provocative comments stating that they are ready to go to war."

China's navy is ready to hit back, the question is: Who hit first? The Philippine warship was within their countries exclusive economic zone, while China is 500 nautical miles away from their home. Who was the aggressor and the invader here?

The Filipinos since day one have always resorted consistently to maximize the diplomatic channel and agreeable for the ICJ to assume jurisdiction!

Question: Will China voluntary submit its claim to the jurisdiction of the ICJ?

Chinese patriots are flooding the media with their provocative calls that they are ready for war.

Commentaries: This is the same thing that the Japanese war-freaks did during 1929 to 1932 when they are emerging then as a global imperial power. We all know what they did to China then and the rest of the Southeast Asian countries. Is the author implying that China is now the new Japan?

I vehemently condemn the provocative position taken by the writer which borders on arrogance and pure ignorance.

Because there is a problem the solution is war?

Does he put into consideration how the world will receive this latest impending military fiasco?

Does it mean that the UN and the Asean will simply just keep their mouths shut while China is conducting war on the Philippines and/or Vietnam?

How about the global bar of public opinion of the international community? Does it mean that they will just sit back and enjoy watching from a distance this newest version of the battle between David and Goliath?

I do not think so!

As V. Thomas stated:"Should the dispute worsen, the solidarity of Asean members could be tested, apart from endangering the Zone of Peace, Freedom and Neutrality concept, which is a principle accepted by all major military powers to keep Southeast Asia free from conflict.

"ASEAN members, noting the danger of the dispute should initiate a move, with the support of China and Taiwan, to refer the matter to the court."

Again, I reiterate that the immediate way to facilitate the prompt resolution of this dispute is for all parties concern to voluntarily submit their contention to the jurisdiction of the ICJ. That is the right and the moral thing to do!

However, if I may again call the attention of the public to the unwise and unfortunate words of Chow How Ban: "China attaches great importance to friendly ties with countries around South China Sea but a recent altercation between Chinese fishermen and the Philippine navy in the disputed Huangyan Island may turn into a full-scale war."

Commentaries: Wow! Reading these words I thought I was inside the movie house watching a typical Hollywood film about military hostility and armed confrontation.

Question: Is this a warning to us? Are you threatening us?

Reply: To that writer of war of scenario and to the whole of the Chinese empire, may I remind you that we may be small as compare to your hugeness, we may be a dwarf as compare to your gigantic size, we may be poor, as compare to your economy but our people, the Filipino people are not weak, our people have character and strength.

That was precisely shown and exemplified in action in conjunction with our latest showdown when we stood our ground, stayed put and dared you!

Don't forget that we are the first country in Asia to overthrow a foreign power and declare a republic!

During World War II, we stood and fought the Japanese Imperial Army from day one up to the end!

We fought a dictator for more than two decades and had two revolutions. In fact, when your people tried to copied our own 1986 revolution in 1988 at Tiannamen Square, your government viciously crackdown on the people and the students who led the same!

Hence, do not take us lightly, in the same vein that we are not taking you for granted, too.

We may be small, yet we are capable of inflicting damage to you too!

As a Filipino writer puts it so succinctly, Jose Ma. Montelibano, Philippine Daily Inquirer, April 13: "China may risk killing some of us but it will find too costly to kill millions of us".

Lastly, I am not threatening you, but warning you that we have our history of courage and greatness, too.

Hence, I implore China to learn from history: do not ever forget the lessons of the Battle of Thermopylae.

It is always the case that the tiniest of the dust often cause the greatest irritation and discomfort to the biggest bloody eyes! Again, we are also warning you!

* Jose Mario Dolor de Vega reads The Malaysian Insider.

* This is the personal opinion of the writer or publication. The Malaysian Insider does not endorse the view unless specified.

http://www.themalaysianinsider.com/sideviews/article/the-dispute-over-scarborough-shoal-jose-mario-dolor-de-vega

Continue reading

6,800 US and Filipino Forces Joined the War Game near Spratlys – France Fighter jets spotted?

Thousands of US soldiers will begin nearly two weeks of war games in the Philippines on Monday April 16, 2012 as the two nations look to strengthen their military alliance amid concerns over China's rising power.

The Balikatan (Shoulder-to-shoulder) exercises are an annual event but this year are expected to attract a greater focus with some of the drills set to be held close to sensitive Wet Philippines (South China) Sea waters claimed by the Chinese.

The Philippines insists the exercises, involving 6,800or 4,500 US personnel and 2,300 Filipino troops, should not be seen by China as a provocation.

This year they are taking place off Palawan, near parts of the South China Sea both Manila and Beijing claim.

 "Our aim is not against any country, our aim is to protect maritime security and to protect the interests of our country," Major Emmanuel Garcia, Philippine military spokesman for Balikatan.

Meanwhile Philippine and Chinese vessels remain at the Scarborough Shoal, a week after the deadlock began.

The Philippines said its warship found eight Chinese fishing vessels at the shoal - which both sides claim - when it was patrolling the area on 8 April.

When navy personnel boarded the Chinese fishing vessels on Tuesday they found a large amount of illegally-caught fish and coral, it said.

Two Chinese surveillance ships then arrived in the area, preventing the navy from making arrests.

Nevertheless, Garcia confirmed US and Philippine ships will stage drills in waters facing the South China Sea, while Filipino leaders have repeatedly said that China is one of the country's main "maritime security" concerns.

China claims all of the West Philippines (South China) Sea as a historic right, even waters close to the coasts of the Philippines and other Southeast Asian countries.

The competing claims to the strategically vital waters have long made the area one of Asia's potential flashpoints for military conflict.

The Philippines has complained over the past two years that China has become increasingly aggressive in staking its claim to the waters, accusing the Chinese of acts such as firing warning shots at Filipino fishermen.

Tensions spiked again this month when Philippine and Chinese ships became locked in a standoff at a tiny set of islets called Scarborough Shoal or also called Panatag Shoal by the Philippines in the West Philippines (South China) Sea.

After a week, both sides have refused to back down and are still keeping civilian vessels at the shoal, 230 kilometers (140 miles) west of the Philippines' main island of Luzon, in an effort to assert sovereignty and around 900 miles from Hong Kong' Chinas closest independent province.

Facing the perceived growing threat from China, Philippine President Benigno Aquino III last year called for closer military ties with the United States.

The United States was the colonial ruler of the Philippines in the first half of the 20th Century and maintained military bases until the early 1990s, but was forced to end its permanent presence amid anti-US sentiment.

Aquino's appeal last year was welcomed in the United States, which has been seeking to rebuild its presence across the Asia Pacific, partly to counter the growing political, economic and military might of China.

Aquino told AFP last month that, although there would be no return to permanent US bases in the Philippines, he welcomed a greater American military presence through more joint exercises such as Balikatan.

In this context, Balikatan will hold extra significance in terms of sending a message to China, according to John Blaxland, a regional security and political expert from the Australian National University.

"It's a subtle message affirming for the Philippines that the US is serious about playing in Asia and will lend assistance to those in need," Blaxland told AFP.

The Balikatan exercises, which run from April 16, 2012 Monday until April 27, are scheduled to be held on Luzon as well as Palawan, a narrow island that forms the country's western-most landmass.

The Philippines and the United States have emphasized that Balikatan is not focused solely on conflict, with troops also set to conduct humanitarian and disaster-relief exercises.

Balikatan opening in manila; In a speech at the opening ceremony for the exercises in Manila, Philippines' armed forces chief Jessie Dellosa did not specifically mention China but said the war games highlighted strong US support for its weaker ally.

"Given the international situation we are in, I say that this exercise, in coordination with all those we had in the past, (is) timely and mutually beneficial," Dellosa said.

"The conduct of this annual event reflects the aspirations to further relations with our strategic ally, a commitment that has to be nurtured especially in the context of the evolving challenges in the region." 

France Fighter jets – spotted

While the deadlock between the Philippines and China continues in the Scarborough Shoal, it has been reported that China intensity the conflict in the Philippines territory and sending another navy patrol and warplane flying over the Philippines ships and harassing the Filipino fishermen and French national's-Scientist conducting research in the area with Philippine government approval.

After the incidents of China's harassment to the French Scientists, it has been reported by civilians from the southern Philippines that 2 France Fighter jets has been spotted many times flying so close in the Southern Philippines. This report is not yet confirmed by the Philippines authority as initially reported by the civilians.

China continued its effort for expansionism that starts hurting the international community in their aggression.

In 2011, China spend all efforts to buy all antique map around the world that named the Philippines islands in different name and replace it with new name based on China's locally coined name to assert its claim in the Philippines territory.

Inspite of their effort, the Philippines are not be bothered but relied the United Nations to intervene the China's aggression and insisted that the disputed triggered by china in invading the Philippines territory must be resolve by the UNCLOS.

United Nations has been silent and never reacts of the recent disputes in the Seas of the South East Asia and not even shows its strength to implement the United Nations convention on laws of Seas.

Continue reading

French Scientists harassed by Chinese Patrol in Panatag Shoal – Philippines Territory

A week long standoff between the Philippines and China in the Philippines territory of the Panatag / Scarborough Shoal continue to escalate as China tighten their naval presence and invasion in the Philippines territory that hit not just Filipinos but also France Nationals-Scientist  who are conducting a research in the area with approval from the Philippine government.

Filipino Nationalism continues to rise and calling China as "bastos" or immodest, unfair, un-respectful and arrogant of their power.

China recently detained Vietnamese fishermen who seeks for shelter during the storm in the Paracel Islands's Viet Nam's 200 nautical Miles Exclusive Economic Zone and call Vietnam to stop poaching in the territory which is under control by china's government.

The poaching of Chinese fishermen is a strategy to challenge the Philippine capability to fight with China's might resulting to a continued standoff in the Panatag Scarborough Shoal west of Zambales Province Philippines.

Even small, even weak, and even poorly equipped, Philippines flex its might to defend its territory will calling the united front from the ASEAN countries to create one voice to end the standoff.

It wasn't mere fish poaching that sparked the near clash between armed Chinese and Philippine ships in Scarborough Shoal last week. Two Chinese maritime surveillance vessels popped up on scene to shield the poaching lancha just as a Philippine Navy cutter was accosting them. This showed they were just in the vicinity of the shoal, trespassing Philippine waters like their fish-rustling compatriots. A third Chinese fisheries enforcement craft arrived to reinforce the two. It was not bent on enforcing international bans on harvesting live shark, giant clams, and corals found on the poaching boats. Then, while diplomatic talks were ongoing to diffuse the tension, one of the Chinese ships harassed and a patrol plane buzzed a Filipino research craft with French scientists onboard.

China's aim is apparent. Its patrols were acting as advance scouts for its People's Liberation Army-Navy. Under pretext of innocent fishing, China is out to grab Scarborough Shoal, just like it did to Mischief Reef in 1995.

Manila cannot ignore the disquieting pattern. Scarborough Shoal and Mischief Reef are not part of the Spratly Islands disputed by the two countries. Both lie within the Philippines' 200- nautical miles exclusive economic zone, far beyond China's, under the UN Convention on the Law of the Sea.

For decades Mischief had been a rest stop of Filipino fishing craft from Malabon-Navotas and Zamboanga. It is 130 miles off Palawan, and more than 900 miles from China's closest island-province of Hainan. Allowed in the spirit of amity, Chinese fishers occasionally sought shelter there. During the monsoons of 1994, when Philippine naval patrols were off, China put up several stilt huts. Claiming these were innocent storm shelters for fishermen of both sides, China ignored Manila's protests. The following year China erected concrete structures, followed by communications towers, satellite dishes, helipads, and cannons. From then on, Philippine military and civilian craft were forbidden from approaching.

Soon after grabbing Mischief, China dropped buoys around Sabina Shoal, closer to Palawan, (70 miles). The Philippines confiscated these.

China then trained its eyes on Scarborough, 120 miles west of Luzon, but nearly 800 miles from Hong Kong, China's closest point. Recorded in the Spanish times as Masinloc Baja, after the jurisdictional Zambales town, Scarborough too is a fishermen's rest stop. Secured by warships, Chinese sailors attempted to build bunkhouses and plant markers around the 15,000-hectare lagoon. The Philippines beached a gunboat on the sandbar to signal readiness for protracted siege. The squatters from across the South China Sea retreated.

On routine patrol last Holy Week 2012 the Philippine Navy flagship BRP Gregorio del Pilar spotted eight Hainan-type launches inside the lagoon. Boarding from motorized rubber boats, Filipino Seals videoed the poached contraband. Then came three Chinese interloping ships from its bureaus of maritime surveillance and fisheries enforcement. With three other "civilian" agencies — coast guard, Customs, and maritime safety — the vessels of the "five dragons stirring up the seas" are well armed. Its coast guard alone has 86 patrol craft, all equipped with medium-range anti-ship cruise missiles.

The grey Philippine naval vessel may have looked inapt confronting white Chinese civil government craft, but the latter were as ready for sea battle. Beijing cried that the fishing craft had merely sought shelter from a storm in the shoal. Smartly Manila withdrew the del Pilar from the standoff to keep a "grey to grey, white to white" stance. Dispatched to the area was the Philippine Coast Guard's BRP Pampanga to treat the poaching as a police matter. Still, in light of China's past and continuing aggressions, Manila should keep the Navy on standby against any overt Chinese effort to occupy Scarborough. In recent months, China has harassed seismic research and fishing craft in the oil-rich Reed Bank 80 miles off Palawan. It planted markers in nearby Boxall Reef, Jackson Atoll, and again Sabina Shoal.

China claims ownership of Scarborough, Mischief, Sabina, Reed, Boxall, and Jackson by virtue of having Chinese names in unverified "ancient maps." But there are also Filipino names respectively for the six areas explored by the British Admiralty in the 1700s-1800s. These are Panatag Shoal, Panganiban Reef, Escoda Shoal, Recto Bank, Rajah Soliman Reef, and Quirino Atoll. Seismological maps of the University of London show these — and the Spratlys — to be within the Philippine continental shelf.

In 2011, China spend all effort to buy all antique map around the world that named the Philippines islands in different name as China's locally coined name to assert its claim in the Philippines territory.

Inspite of their effort, the Philippines are not be bothered but relied the United Nations to intervene the China's aggression and insisted that the disputed triggered by china in invading the Philippines territory must be resolve by the UNCLOS.

United Nations has been silent and never reacts of the recent disputes in the Seas of the South East Asia and not even shows its strength to implement the United Nations convention on laws of Seas.

Continue reading

China make the 5th invasion to the Philippines - Scarborough Shoal

China's naval intrusion to the Philippine territory since Saturday April 7, 2012 in the Scarborough Shoal / or also called Panatag Shoal is a follow-up to its recent forays into Philippine western territorial waters. It is the fifth times where China Intruded the Philippine Territory since June 2011.

China has confronted Philippine military and civilian vessels in the following places:

1. Recto Bank
2. Rajah Soliman Reef
3. Quirino Atoll
4. Escoda Shoal.
5. The recent is the Panatag Shoal / Scarborough Shoal.

All four lie a few dozen kilometers off Palawan but 2,000 km from China's nearest island-province of Hainan; Scarborough is 220 km off Zambales but more than 800 km from Hong Kong. China's pretext of protecting its fishermen and seismic surveyors is not unique. As in the last two decades, it trespasses into Philippine offshore oilfields and abets fish poaching to prop up a shaky counterclaim over the West Philippine (South China) Sea.

China's flouting of international and Philippine fisheries laws triggered the Scarborough standoff. Eight Chinese craft were spotted Sunday hauling in endangered shark, giant clams, and corals in the 150-sq-km lagoon called Baja Masinloc, long a rest stop of Luzon fishermen. As the Philippine naval patrol BRP Gregorio del Pilar approached, two Chinese marine surveillance ships cut its path to shield the poachers. Beijing was quick to accuse Manila of harassing Chinese fishers who supposedly had only sought shelter from a storm.

The Philippine response was mainly diplomatic. President Noynoy Aquino and Foreign Sec. Albert del Rosario quickly but firmly reminded the Chinese ambassador of the two countries' pact to shun violence in the troubled seas. The Navy has pulled out to let its Coast Guard civilian counterpart handle things as a police matter. A military skirmish would be futile. Though the Navy's fastest vessel, the del Pilar is a refurbished five-decade-old US coast guard cutter. The handful of other Philippine warships and planes are newer but lightly armed. On the other hand, China seems to treat tact as its debility. Both sides are signatories to the UN Convention on the Law of the Sea, which defines coastal and archipelagic countries' 200-mile exclusive economic zones. China's counterclaim to the long-recognized western Philippine shoals, reefs, atolls, and banks is based solely on unverified "ancient maps."

In contrast to Manila's stance, China is itching to play the military card. Its naval buildup has been worrying not only the Philippines but other ASEAN members as well, and Japan, South Korea, India, Australia, and America. China's annual defense spending has risen from $30 billion in 2000 to $120 billion in 2010, says the SIPRI (Stockholm International Peace Research Institute).

Since Beijing habitually deflates by half its true naval and arms acquisitions, reports The Economist, the true budget for 2012 including research and development could well run up to $160 billion. It's still less than a fourth of America's (declining) defense buys, so Chinese leaders make a show of shuddering at comments of aspiring to become a military "near peer." But while invoking China's "peaceful rise," they employ war footing with Vietnam, South Korea, and Japan— and the Philippines — when it comes to territorial counterclaims in the North, East and South China Seas.

Having 75 principal surface warships and some 50 diesel electric submarines emboldens China. Defense magazine's latest issue enumerated the arsenal of China's People's Liberation Army-Navy: 26 destroyers, 53 frigates, 26 tank-landing vessels, 49 attack submarines, and five nuclear submarines. Not counting the fighting craft from five civilian agencies (coast guard, maritime surveillance, fisheries enforcement, etc.) the PLAN also has 86 coastal patrol craft. All are armed with anti-ship medium-range cruise missiles.

China's avoidance of diplomacy also has to do with its hazy chain of command. While its government funds most of its operations, supplies and personnel, the People's Liberation Army does not report to the defense ministry. Its orders come instead from the Communist Party's Military Commission, headed by the Party chairman, also the President. By contrast, the foreign office is low in the Politburo totem pole. Perhaps it proceeds from Mao Zedong's tenets. "Political power grows out of the barrel of the gun," the founder of communist China had pounded. "Without the Army, the Party is nothing."

Neighbors doubt China's assurances that, like them, it wants peaceful resolution of its encroachments. Beijing's bigwigs talk from both sides of the mouth. The Party's English-language paper, Global Times, betrays the doublespeak. As the defense minister mentioned "peace" 26 times in a speech before East Asian leaders last October, it editorialized: "If these countries don't want to change their ways with China, they will need to prepare for the sounds of cannons. We need to be ready for that, as it may be the only way for the disputes in the sea to be resolved."

Beijing may disavow the communist hawks' opinions as unofficial. But there can be no doubt about the official line, as stated by the PLA's doctrinal "Science of Military Strategy," published in 2005. The Economist quotes it: "Although active defense is the essential feature of China's military strategy, if an enemy offends our national interests it means that the enemy has already fired the first shot. In which case, the PLA's mission is to do all we can to dominate the enemy by striking first."

In the news is not only the Philippine territorial row with China, but also ex-President Gloria Arroyo's arraignment for the NBN-ZTE scam. To better understand these and other events, readers may wish to read Exposés: Investigative Reporting for Clean Government. This selective compilation of my Gotcha columns also features, among others, the Diwalwal-ZTE scam, the near cession of territory to Moro separatists, and the NAIA-3 construction anomalies. Early copies available at National Bookstore and Powerbooks.

Continue reading

Philippines, China agree on diplomatic resolution in naval standoff in Scarborough Shoal as neither backs down

Philippines and China agreed to resolve an ongoing naval standoff diplomatically, but neither side was ready to back down Wednesday in the most dangerous confrontation in the disputed South China Sea in years.

Foreign Secretary Albert Del Rosario said he warned Chinese Ambassador Ma Keqing that the Philippines would defend itself if provoked. At their meeting, both insisted the Scarborough Shoal location was part of their own country's territory.

Despite the impasse, "we resolved to seek a diplomatic solution to the issue," Del Rosario told a news conference.

"Nobody will benefit if violence breaks out there," President Benigno Aquino III said.

The Philippine government said its navy tried to detain Chinese boats fishing in its waters, but was stopped by two Chinese surveillance craft. The Chinese Embassy accused the Philippine warship of harassing the fishermen.

The West Philippines Sea (South China Sea) is home to a myriad of competing territorial claims, most notably the Spratly Islands south of the shoal, that are believed to be in rich in oil and gas. The region is also prime fishing ground and one of the world's busiest sea lanes.

Both China and the Philippines flexed their muscles Wednesday. Del Rosario said that he warned China's ambassador that "if the Philippines is challenged, we are prepared to secure our sovereignty."

The Philippine navy was sending more vessels toward the shoal, which lies about 120 miles from the nearest Philippine coast, a Philippine navy official told The Associated Press. He spoke on condition of anonymity because of a lack of authority to discuss the situation with the media.

The standoff began Sunday when a Philippine navy surveillance plane spotted eight Chinese fishing vessels anchored in a lagoon at Scarborough, the Philippine navy said. That prompted the military to deploy its largest warship, the BRP Gregorio del Pilar, which was recently acquired from the United States.

On Tuesday, armed Filipino troops from the warship boarded the Chinese vessels for an inspection, finding large amounts of illegally collected coral, giant clams and live sharks inside the first boat. Del Rosario said the Chinese fishermen had been "engaged in illegal fishing and harvesting of endangered marine species."

The Filipino troops did not make any arrests and returned to the warship.

Two Chinese maritime surveillance ships later arrived and positioned themselves between the Philippine warship and the Chinese fishing vessels "thus preventing the arrests of the erring Chinese fishermen," the Philippine statement said.

The two Chinese ships told the Philippine warship by radio that it had intruded into Chinese territory and ordered it to leave. Philippine navy officials aboard the warship resisted, saying the area was not part of China's territory and well within Philippine territorial waters, the Philippine navy said.

"This resulted to the standoff which is still ongoing," the navy said.

The Chinese Embassy said the fishing boats had taken shelter from a storm in the lagoon, and that Philippine troops, including some who were armed, harassed the fishermen.

"Two Chinese marine surveillance ships are in this area fulfilling the duties of safeguarding Chinese maritime rights and interests," it said in a statement.

It said the shoal "is an integral part of the Chinese territory and the waters around it the traditional fishing area for Chinese fishermen."

In Beijing, Foreign Ministry spokesman Liu Weimin said China lodged a protest, saying the Philippines violated an agreement to maintain peace and stability in the region and prevent any escalation of disputes.

"We hope the Philippines can focus on China-Philippines friendship, peace and stability, and won't make new disturbances," Liu said.

Last year, the Philippines accused Chinese vessels of intruding into other parts of what it considers Philippine territory in the South China Sea. China has regularly dismissed the protests, saying Beijing has indisputable sovereignty over those areas on historical grounds.

The United States has insisted it takes no sides in the territorial dispute but says it should be solved peacefully. China has balked at what it considered U.S. interference in the region.

The disputes over the Spratlys have settled into an uneasy standoff since the last major clash involving China and Vietnam killed more than 70 Vietnamese sailors in 1988.

Sources: Fox news, Philippine Daily Inquirer, Al Jaseera

Continue reading

Philippines and China Standoff in Scarborough Panatag Shoal

The Philippines' biggest warship was locked in a standoff with two Chinese vessels in the124 Nautical Miles Panatag Shoal or  Scarborough Shoal of the West Philippines Sea (South China Sea), reigniting tensions in a decades-long dispute over the resource-rich waters.

The Philippine government said the Chinese ships were blocking efforts by its navy flagship vessel to arrest Chinese fishermen that were found on the weekend to have illegally entered its territory.

In a dramatic day of diplomacy, the Philippines summoned the Chinese ambassador in Manila and lodged a formal protest, but China insisted it had sovereign rights over the area and ordered the Philippine warship to leave.

Philippine President Benigno Aquino said he was looking to end the standoff through diplomatic means.

"No one will benefit if we have violence," he told reporters.

Philippine Foreign Affairs Secretary Albert del Rosario said both sides wanted a peaceful resolution, but also cautioned that negotiations were at an "impasse" and his country was ready to defend its territory.

"If the Philippines is challenged, we are prepared to secure our sovereignty," del Rosario said.

The standoff was occurring at Scarborough Shoal, just 124 nautical miles from the Philippines' main island of Luzon.

China insists it has sovereign rights to all of the South China Sea, even waters close to the coast of other countries and hundreds of kilometers from its own landmass.

The Philippines says it has sovereign rights over areas of the sea within its 200-nautical-mile exclusive economic zone, and that its position is supported by international law.

Apart from China and the Philippines, Taiwan, Malaysia, Brunei and Vietnam have overlapping claims to parts of the South China Sea, making the waters one of Asia's potential flashpoints for armed conflict.

The South China Sea holds enormous economic and political significance, as it is believed to sit atop vast oil and gas resources, has huge fish stocks and hosts shipping lanes that are vital for global trade.

The Philippines and Vietnam complained last year of increasingly aggressive acts by China in staking its claim to the West Philippines Sea (South China Sea).

The Philippines accused Chinese vessels of firing warning shots at Filipino fishermen, as well as harassing an oil exploration vessel and placing markers on islets within Philippine territory.

However this week's stand-off is the highest-profile in recent years.

It occurred after the Philippines detected eight Chinese fishing boats at Scarborough Shoal on Sunday.

Panatag Shoal or  Scarborough Shoal

The Philippines said the boats were subsequently found to have hauled in live sharks, corals and some endangered species including giant clams.

The two Chinese surveillance vessels appeared on the scene yesterday, and blocked the Philippine warship from approaching the fishing boats.

The Chinese embassy in Manila released a statement today ordering the warship out of the disputed waters.

In Beijing, foreign ministry spokesman Liu Weimin accused the Philippines of "harassing" the Chinese fishermen and said a protest had been lodged.

"We urge the Philippine side ... not to make new troubles and create conditions for the friendly relations of the two countries," Liu said.

But in Manila, del Rosario insisted the Philippines could do as it pleased at Scarborough Shoal.

"We are there because we have sovereignty over the area. We want to be there and we have the right to be there," he said.

The Philippine coast guard also said it would deploy a boat to support the warship.

On Wednesday evening, del Rosario briefed reporters again, saying no breakthrough had been achieved.

Philippine concerns about China's perceived aggressiveness prompted it to seek help last year from the United States in building up its poorly equipped military and weak maritime defense capabilities.

The US responded favorably, delivering the Gregorio del Pilar, a a 115m decommissioned US coast guard cutter, to replace a World War II-era vessel as the Philippine Navy's biggest ship.

The Gregorio del Pilar is the vessel involved in April 11, 2012 Wednesday's stand-off.

Continue reading

China insisted again on bilateral talks on Spratlys row - not UNCLOS

Philippines - China wants to directly discuss and negotiate the crafting of the Code of Conduct of Parties in the South China Sea (COC) with the Association of Southeast Asian Nations (ASEAN).

However, the Philippines has called on ASEAN to first arrive at a common and collective position.

On Thursday, Chinese Foreign Ministry spokesperson Hong Lei said at a press conference in Beijing that China must take part in discussions and negotiations on the crafting of the COC before it is finalized and presented.

"As part of the implementation of the Declaration on the Conduct of Parties in the West Philippines Sea (South China Sea) DOC, formulating the Code of Conduct in the South China Sea should be directly discussed and negotiated between China and ASEAN countries," he said.

Hong said China and ASEAN have been actively implementing the DOC, including conducting relevant research programs and cooperative projects.

He was reacting to an ASEAN country's statement that discussion of the main content of the COC should be ASEAN-centered and agreement should be reached among ASEAN countries before inviting China to join the discussion.

Hong said China and ASEAN signed the DOC 10 years ago to promote peace and stability in the West South China Sea.

"ASEAN has also reiterated that as a regional organization, it does not hold a position on the dispute, and the South China Sea dispute should be settled by the claimants through peaceful negotiations," he said.

The DOC is not designed to resolve disputes over territorial sovereignty and maritime rights and interests in the South China Sea, Hong said.

China claims the entire South China Sea. Taiwan and four ASEAN members - the Philippines, Malaysia, Brunei and Vietnam - also have overlapping claims to the territory.

The Philippines is pleased that ASEAN is now working to identify the main elements of the regional Code of Conduct to be a legally binding instrument.

President Aquino said during the Retreat Session of the 20th ASEAN Summit in Phnom Penh, Cambodia last week that the Philippines believes that the COC must be a real "move forward" in terms of substance, that it should contain not only provisions on cooperative activities but, more importantly, provisions on dispute settlement and the clarification and segregation of disputed and non-disputed areas.

Aquino urged ASEAN member-states to arrive at a common and collective position on the COC before meeting with China to craft a legally binding code in the South China Sea, which the Philippines calls the West Philippine Sea.

Aquino said the Philippines considers the peaceful resolution of the disputes in the West Philippine Sea through a rules-based approach under relevant dispute-settlement mechanisms of the United Nations Convention on the Law of the Sea (UNCLOS) as paramount to regional peace, stability, and progress.

The Philippines has offered to host a meeting among claimant countries to the Spratly Islands, including China, to arrive at a peaceful and diplomatic resolution of the disputes.

In a statement on the Code of Conduct of Parties in the South China Sea during the ASEAN Foreign Ministers Meeting in Phnom Penh last week, Foreign Affairs Secretary Albert del Rosario said the Philippines is pleased that the ASEAN Senior Officials Meeting (SOM) Working Group is now working to identify the main elements of the regional Code of Conduct.

The Philippines believes that the COC must contain fundamental guidelines in which stakeholder-states are to conduct themselves in the West Philippine Sea, and mechanisms on dispute settlement including the appropriate structure for its effective implementation, he added.

Del Rosario said the COC must clarify and segregate disputed from non-disputed areas in accordance with international law, including the UNCLOS.

It must have provisions relating to cooperative activities, as may be appropriate, for the disputed areas, he added.

Del Rosario said the Philippines adheres to the primacy of international law in resolving the disputes.

"On the COC, it is important for ASEAN to first agree among themselves on the draft text of the COC before meeting with China," he said.

Continue reading