Eyes on Conflict
The progress of the China-PH dispute over the South China Sea
by Marilou Hanapin Celestino
Remarkable progress was achieved by the country in terms of the South China Sea (SCS) territorial dispute when the UN Permanent Court of Arbitration ruled in favor of the Philippines over its claim on SCS against China last July 12, 2016. Threat, however, still looms as China has firmly contested the decision, with President Xi Jinping even reasserting China’s “historical rights” over the area. The territorial rivalry between China and the Philippines has seemingly intensified, and different security actions and tactics are expected to be maintained and executed more rigorously.
However, it must be noted that the dispute over South China Sea has been a long-time international issue, not just due to it concerning East and Southeast Asian countries, but also because of possible external intervention. It is not only a simple conflict between countries claiming islands and seas to be theirs, but the domination of politics and gaining of interests that turns the wheel of the issue — who claims what and what affects who.
Assertions
The hollow of abundant resources has not only summoned interposing interests, but also assertions on territorial control, sovereignty, and power.
In the past centuries, countries aside from China and the Philippines have made claims over the SCS, such as Vietnam, Taiwan, Malaysia, and Brunei. While these claims arose from historical bases, they are also being asserted as estimates of the rich natural resources in the area are continuously being unveiled. Among the abundant natural resources in the SCS are over 250 small islands, atolls, cays, shoals, reefs, and sandbars. Particular islands are usually mentioned in claims made by various countries — these islands include The Spratly Islands, which are estimated to have between 0.8 and 5.4 billion barrels of oil and between 7.6 and 55.1 trillion cubic feet of natural gas in undiscovered resources; the Paracel Islands, the Pratas Islands, the Natuna Islands, and the Macclesfield Bank.
China, Philippines, and Taiwan have specifically asserted their claims over Scarborough Shoal or the Bajo de Masinloc, known to contain minerals, natural gas, and rumored huge oil deposits. Apart from these portions of the area are the gulfs and straits which are mostly used as shipping routes by nearby locale. In terms of trade, more than half of the world’s annual merchant fleet tonnage passes through the Straits of Malacca, Sunda, and Lombok, with the majority continuing on to the SCS. Almost a third of global crude oil and over half of global liquefied natural gas (LNG) trade passes through the SCS, making it one of the most important trade routes in the world.
Oil and gas resources are what primarily attract different nations. The US Energy Information Administration (EIA) estimates the deposits in the SCS with approximately 11 billion barrels of oil and 190 trillion cubic feet of natural gas in proved and probable reserves. In addition to proven and probable reserves, the SCS may have additional hydrocarbons in underexplored areas. Thus, control over the disputed areas could serve as a game changer for the economy of any country, given such huge oil deposits.
But beyond the argument of resources, the reason as to why parties have increasingly resorted to aggression and not diplomatic procedures must be looked upon. Specifically, one must look at the influence that the United States and its “pivot to the Pacific” exerts on the Asian region. Military presence in the disputed areas were scarce until China started to gear towards aggression in 2010, with the United States then asserting itself in the name of upholding “freedom of navigation”. This has materialized through militarization, such as when the US sent the missile destroyer USS Lassen within twelve nautical miles of Subi Reef in the Spratlys.
The US itself has admitted its national interests regarding freedom of navigation — proof that it not only seeks to restrain China, but also to assert its “pivot to the Pacific”. As a response to the deployment of the destroyer ship, China sent its South Sea Fleet to conduct a naval exercise in the disputed area. Thus, beyond the conflict on resources is the standoff of two global powers seeking to assert their dominance in the Asian region. Sonny Africa from the IBON Foundation states that a big mistake of the Aquino administration was intensifying its subservience to the US, and narrowing its foreign policy to US militarism. This was seen through the enactment of the Enhanced Defense Cooperation Agreement (EDCA) and the Visiting Forces Agreement (VFA) under the hopes that the US will protect the Philippines in case of a war with China.
By giving prime on aggressive and US-directed measures that do not necessarily guarantee security and protection for the country, the former administration undermined the legal procedures and negotiations needed to actually resolve the dispute.
Jurisdiction
With militarism having been provoked by an administration committed to a US-dependent foreign policy, the binding effect of the recent international ruling on the dispute is yet to be felt.
The glaring conflict on the control over SCS is yet to be meditated by international law and diplomatic procedures. When the United Nations Convention on the Law of the Sea (UNCLOS) lacked in terms of resolving jurisdictional issues, it was followed in 2002 by the Declaration on the Conduct of Parties in the South China Sea (DOC) signed by the Association of Southeast Asian Nations (ASEAN) and China. In the declaration, the parties involved have sworn “to exercise self- restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.” However, the dispute still continues as the parties fail in abiding to the provisions of the DOC.
More recently, the Philippines has sought international arbitration due to the lack of progress in resolving the dispute. In January 2013, the Philippines took its assertion to an arbitration tribunal under the presages of the UNCLOS. This action highlighted the Philippines seeking for the declaration that claims in the SCS must comply with UNCLOS. This in turn, invalidates China’s nine-dash line and classifies maritime features occupied by China as rocks, low tide elevations, or submerged banks, but not islands. This also declares the Philippines’ right to operate inside of its exclusive economic zone (EEZ) and continental shelf as outlined by UNCLOS without Chinese harassment.
This move was rejected by China as it refused arbitral authority. Despite China’s refusal, the Permanent Court of Arbitration at The Hague has issued the rules of procedure and the initial timetable with which the Philippines have submitted throughout the given time period. China, being a major party in the issue, has been given an extended deadline for the submission of counter- argument reports by the Hague, but the said country still missed it. Nonetheless, the Philippines remained persistent on taking a stand over the case and has complied with every constraint the court requires. There have been two rounds of trial in the Philippines’ claim of jurisdiction over the territory. If also proven and decided by the tribunal, China must cease its reclamation activities in the area.
A year after the second rounds of argument ended, the tribunal backed the Philippines’ claim, stating that China had violated the Philippines’ sovereign rights, and that “there is no legal basis for China to claim historic rights to resources within the sea areas falling within the nine-dash line”. The line, which that marks the boundaries of its claim over two-thirds of the South China Sea, has overlapped with four ASEAN countries including the Philippines’ 200-nautical mile EEZ. The tribunal has also released ruling on the Scarborough Shoal that the fishermen from the Philippines (like those from China) had traditional fishing rights at Scarborough Shoal, and that China had interfered with these rights by restricting access. China has unlawfully prevented Philippine fisher folk from fishing, and has violated its obligations under UNCLOS to protect and preserve the marine environment. The international ruling has given rise to cheers for the victory of the Philippines over it sovereign rights. But apart from the revelry that had arisen when the courts favored the Philippines, there is tension that has been stirred up.
China rejected the decision and uttered that they will not be bound by it — thus, any action from the opposing party is highly expected, as it would not follow the verdict of the international court.
Marginalization
In the midst of clashing global powers and contesting territorial claims, the plight of the primary stakeholders — particularly the fishermen making a living by the disputed areas — must also be given light.
The Scarborough or Panatag Shoal, known locally as the Kalburo Shoal, has been a good fishing spot over the decades. Back in the 1970s, fishing in Kalburo began to be an alternative to the payaw fishing during the summer. Payaw is an artificial fish sanctuary or fish catching tool, usually made of piled and tied bamboo poles to catch fish. Due to its rich aquatic resources, Kalburo has been home to traditional fishing by the fisher folk from Pangasinan and Zambales. Despite being the main source of income for locals, the industry has been largely affected by long-time disputed and fishing and sailing constraints filed by claiming countries.
Chinese occupation in the area due to the country’s more aggressive stance on its claims had largely affected local fishing. Reports stated that fishing ships sent by China destroyed the marine environment in Kalburo, as Chinese vessels had scraped off corals, harvested Taclobo or giant clams, and captured sea turtles — all of which are clearly designated as illegal by the Philippine Fisheries Code. Aside from destruction of marine features in Kalburo, Chinese vessels have continually obstructed Filipino fishermen to go any nearer. Visible threats have been put such as high-powered weapons and water cannons to hinder local fishers from trying to fish in the shoal.
With the Chinese powers stopping fishermen to pursue their main livelihood, they have resorted to find other jobs such as being part-time tricycle drivers just to be able to make ends meet for their families. When left with no choice, spouses have also decided to work overseas mainly as domestic helpers. Due to difficulties in looking for steady income, some fishermen still attempt to go offshore to gather fish despite the perils that entail in the area. In 2013, for instance, there had been a report where two fishermen from Masinloc had been trapped inside the shoal, when a Chinese Coast Guard vessel prevented the mother boat from fetching them. Several similar cases of Chinese intervention have also been reported, thus massively affecting the livelihood of the fisher folk near the shoal.
With the situation of the Filipino fishermen being subjected to dire living conditions and poverty, all the more must the current administration assert its claim to Philippine sovereignty.
The international ruling favoring Philippines in its claim over the South China Sea serves as a step in backing and asserting the country’s sovereignty. However, it must be noted that the Philippines is still far from actually achieving full sovereignty, for as long as it remains dictated and in the iron grip of any imperialist power. Beyond its continuous fight for its territorial claims, the administration must be steadfast in not being under the wing of either the United States or China.
Genuine victory is yet to be achieved, as the international ruling remains to be threatened of being undermined and disregarded by China. As militarization in the area continues, the security of the country remains to be at stake, with the people residing and making a living near the area being compromised the most.
The challenge for the current administration is to push for the demilitarization of the region, in order to secure safety for its citizens and genuine freedom for the entire country.
This article was first published in The Manila Collegian Vol. 29 Issue №21–22, August 18, 2016.
