Philippines seeks another ASEAN support for possible China meet on Spratly row

Recently, the Philippines protested early year 2012 for another China's invasion to the Philippines territory in Sabina Shoal which is only a 82 Miles from the Philippines Main Island.

China rejected the protest of the Philippines and pronounced that they owned everything in the West Philippines Sea and voiced that it will call for another negotiation to settle Spratly.

The Philippines is committed and lead for the resolution of the Spratly and called anew for the support of the Association of Southeast Asian Nations (ASEAN) in having a meeting with China to resolve the territorial row involving the Spratly Islands.

Foreign Affairs Secretary Albert del Rosario made the call at the ASEAN Foreign Ministers' Meeting Retreat at Siem Reap, Cambodia, where he reiterated his stand for a rules-based solution to the problem.

"In the context of the Philippine position and the background on this issue, the Philippines reiterates its proposal that a meeting be held as soon as possible among the claimant states including China, under the guidance of ASEAN, to resolve the conflicting claims in the WPS (West Philippine Sea) based on the rules-based regime of (the United Nations Convention on the Law of the Sea). This proposal for constructive engagement should be acceptable to all," Del Rosario said.

He added the Philippines calls on all ASEAN Member States to endorse this proposed claimant states' meeting, which the Philippines is ready to host.

"We would also welcome other ASEAN Member States to host this meeting if they would like to unequivocally express their support for and advance a rules-based approach in the region," he said.

The text of his statement delivered last Jan. 11 was posted Sunday on the DFA website.

Aside from the Philippines and China, other claimants to the Spratlys include Taiwan, Brunei, Malaysia, and Vietnam. Of these, the Philippines, Brunei, Malaysia and Vietnam are members of ASEAN.

Only legitimate approach

Del Rosario maintained a rules-based approach is the only legitimate way in addressing disputes in the West Philippine Sea.

He said the dispute settlement mechanism established in the UNCLOS is the fundamental principle of the rules-based approach being espoused by the Philippines.

"I have emphasized this at the 44th ASEAN Ministerial Meeting (AMM) and 18th ASEAN Regional Forum (ARF) and again at the last ASEAN Foreign Ministers' Meeting, all held in Bali. This rules-based approach under UNCLOS also calls for the resolution of disputes through peaceful means. For this reason, the Philippines proposed to ASEAN the Zone of Peace, Freedom, Friendship, and Cooperation (ZoPFF/C) as the actionable framework to clarify and segregate the disputed land features from the non-disputed waters of the West Philippine Sea, and in the process, address the issue of the 9-dash line," he said.

He also said the Philippines has stated it is considering third party adjudication, arbitration or conciliation, as appropriate, in the context of the dispute settlement mechanism of UNCLOS.

On the other hand, he said the Philippines also proposed during the November AMM a meeting of claimant states in the West Philippine Sea to specifically include China, to resolve these claims and define the non-disputed and the disputed areas for the purpose of establishing a Joint Cooperation Area.

The rules-based approach calls for: solving the issue peacefully in accordance with the rule of law, particularly international law and UNCLOS the multilateral participation of various stakeholders to account for the various perspectives and interests.

"As we work on building the ASEAN Community, it behooves Member States to now play a positive and meaningful role to solve the disputes peacefully in accordance with the Treaty of Amity and Cooperation (TAC) and reach a stage whereby we are able to help resolve sensitive issues decisively without letting such issues fester and adversely affect the progress of our bilateral or multilateral relations," Del Rosario said.

Code of conduct

Del Rosario also said all are eager to move forward on the Code of Conduct to resolve the issues in the West Philippine Sea.

He said the Philippines is ready to accept a Code of Conduct that calls for the primacy of international law, including UNCLOS, in resolving the disputes in the West Philippine Sea.

"It is ready to accept a Code of Conduct that espouses the concrete and actionable activities to foster cooperation in the West Philippine Sea in the context of international law. And, lastly the Philippines is willing to commit to a Code of Conduct that addresses the very core of the issue and that is to define, clarify, and segregate the disputed areas from the non-disputed areas in the West Philippine Sea," he added.

He pointed out ASEAN is at a critical juncture of playing a momentous role for the resolution of the disputes in the West Philippine Sea.

"We must now muster the will as an ASEAN Community to face these sensitive issues with determination. As you may appreciate, we believe that this is the only way for all of us to move forward and be able to demonstrate ASEAN's leadership in the global community," he said.

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Aquino Govt appeals to US to remove 'withholding element' in military aid

The Philippines appealed to the United States to remove the "withholding element" from its military assistance program, saying there is no factual basis for perception of worsening human rights situation in the country.

Foreign Affairs Secretary Alberto Del Rosario made the appeal as he met yesterday with visiting members of the US House Appropriations Committee at the Department of Foreign Affairs (DFA) with whom he discussed bilateral issues including defense, security development assistance and good governance.

"We talked about areas of continued assistance and what priority request we have from the US," Del Rosario told reporters following the meeting with the US lawmakers.

Del Rosario said he requested the withholding mechanism in the US Foreign Military Financing (FMF) dropped as the US Congress continues to withhold a portion of US assistance to the Philippine military until the Philippine government meets certain conditions related to solving and prosecuting cases of extrajudicial killings.

"As a result, their thinking is that we are not quite up to standard in terms of our human rights standard in the Philippines. We are trying to live those standards so that withholding element can be removed," Del Rosario said.

"We are asking them to revisit that because we do not like the idea that we are being portrayed as a human rights violator which is not factual. As a matter of fact, we are trying to address that perception and we do have very specific mechanisms to be able to do that," he added.

US Ambassador Harry Thomas Jr. informed representatives of Philippine-based human rights groups during a discussion at the US Embassy on Oct. 21, 2011 about the withholding of US assistance to the Philippines.

Human Rights Advocates (PAHRA) chairperson Teodoro de Mesa led representatives of human rights groups during the meeting with Thomas.

Thomas said the US Embassy was encouraged by the pledge that President Aquino made in his 2010 State of the Nation Address to curb extrajudicial killings in the Philippines.

Thomas noted however that the 2010 US Department of State Human Rights Report on the Philippines included assertions of cases of extrajudicial killings that occurred under the Aquino administration.

He expressed concern regarding the slow pace of investigations and prosecutions of past cases.

Thomas said that from 2007 to 2010, the US government extended $3.5 million in grants to the Philippine government and non-government organizations to strengthen their capacity to address human rights violations.

He said the US government would continue to press for progress on addressing past cases and the ongoing problem of extrajudicial killings in the Philippines.

The human rights groups' representatives informed Thomas of their ongoing projects and suggested measures that could significantly improve human rights conditions in the Philippines.

Del Rosario, meanwhile, said he also followed up the Philippine government's request for third Coast Guard Cutter and a squadron of F16 fighter jets under defense articles.

"We are following up on our request for our third Coast Guard Cutter. As you know the second one we are awaiting delivery. We are also following up our request for the F16. We are asking for a squadron to be considered for the Philippines," he said.

Del Rosario said that in December, the US expressed willingness to help the Philippines obtain a squadron of F-16 to improve its defense capability but stressed there is no discussion yet on stationing of US naval vessels in the Philippines.

He noted plans to station US navy ships in the region including Singapore but there was no discussion yet of stationing of naval vessels in the Philippines.

Del Rosario and Defense Secretary Voltaire Gazmin will visit the US in February or March to meet with their counterparts.

Del Rosario said the US is ready to help improve the Philippines' defense capability.

He said the planned acquisitions had already been discussed with US Secretary of State Hillary Clinton and other US officials.

Clinton delivered during her visit to Manila in November a strong message of assurance and support for the Philippines in protecting its maritime domain and improving territorial defense. Clinton delivered her message on the deck of an American warship that arrived in Manila for her visit.

The territorial conflict and heightened tensions between China and the Philippines over the resource-rich West Philippine Sea (South China Sea) remains a critical factor in bilateral relations between China and the Philippines.

The Philippines formally accepted in May the turnover of a US Coast Guard (USCG) Hamilton-class cutter acquired by the Philippines through the US Foreign Military Sales program. The cutter was refurbished and renamed BRP Gregorio del Pilar. It is now the largest patrol ship in the Philippine Navy.

Reference: Philstar News

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