China sea claims have no basis: SC Justice

CHINA’S NINE-dashed line claim in the West Philippine Sea could not be supported by evidence, a Supreme Court (SC) Justice said, pointing to ancient maps and historical data which debunk Beijing’s claims over disputed waters.

“Clearly there is nothing ‘historical’ or ‘right’ about China’s nine-dashed line claim. The nine-dashed line claim is based not on historical facts but on historical lies,” Associate Justice Antonio T. Carpio said in 63-page report.

“In sum, China’s so-called ‘historical facts’ to justify its nine-dashed lines are glaringly inconsistent with actual historical facts, based on China’s own historical maps, Constitutions and official pronouncements,” he added.

Mr. Carpio said China has no historical link to Scarborough Shoal.

“The rocks of Scarborough Shoal were never bequeathed to the present generation of Chinese by their ancestors because their ancestors never owned those rocks in the first place,” Mr. Carpio said.

Mr. Carpio, citing historical maps and data, pointed out that China’s southernmost territory of China “has always been” Hainan island, the smallest and southernmost province of the country.

“The southernmost territory of China under its imperial dynasties was always Hainan island, and has remained so under several Constitutions of the Republic of China,” Mr. Carpio said.

Mr. Carpio has been among the vocal critics of China’s nine-dashed line, which claims almost the entire South China Sea, encroaching the 200-nautical mile exclusive economic zone (EEZ) of countries around the disputed waters, including that of the Philippines.

A United Nations arbitral tribunal has already asked China to answer the Philippines’ plea on overlapping claims in the West Philippine Sea.

China, however, said it would not participate in the proceedings. The Philippines, has submitted to the tribunal its memorandum asserting its claim to disputed islands within the West Philippine Sea through a 4,000-page, 10-volume “memorial” serving as proof of its sovereignty within its 200-nautical mile exclusive economic zone.

The country’s move to seek international arbitration prompted China to accuse the Philippines of violating morality and international law to resolve the territorial dispute.

Meanwhile, the government is yet to verify reports that China is planning to build a military base at the disputed Kagitingan Reef, a Malacañang official said yesterday.

“The report that China is building up on the Fiery Cross Reef was reported over the weekend on a Chinese newspaper, so that still needs verification,” Presidential Spokesperson Edwin S. Lacierda told a press briefing yesterday, adding he does not want to comment on questions regarding the options of the Philippines in case China declares an air defense identification zone (ADIZ) over the West Philippine Sea.

“On the ADIZ over South China Sea, that is purely speculative at this point, so hypothetical at this point, so we don’t want to speculate,” he said.

DIPLOMATIC TRACK
The Palace Spokesman reiterated the country will continue to push the diplomatic track against the escalating tensions over the West Philippine Sea, amid China’s seeming expanded activities in the disputed shoals.

Mr. Lacierda noted that the country’s move for a peaceful resolution to disputes has been gaining approval from the international community.

He said the Philippines does not want to further escalate the tensions over the contested waters.

“We will continue to resort to the diplomatic track that we have resorted to and that particular track has been gaining approval from the international community,” Mr. Lacierda said.

“Certainly, we do not want to escalate any tensions in the South China Sea. That is not what we are there for and, therefore, the best thing that we can do is to resort to the diplomatic mechanism,” he added.

Mr. Lacierda said that with the growing support for a peaceful resolution to the maritime rows from the international community, the country is hoping that China will change its mind and participate in arbitration initiated by the Philippines to resolve the territorial disputes among countries in Asia.

“People seem to underestimate the power of the diplomatic track, [but] we believe that with the international community’s support, we can persuade China to act as a responsible member of the international community. And also that China realizes the importance of being a member of the international community in good standing,” Mr. Lacierda said.

NEWS REPORT
Mr. Lacierda’s statement comes on the heels of a South China Morning Post report on Saturday indicating that China plans to put up a military base in the disputed Kalayaan Island Group amid escalating tensions over maritime territorial rows with regional neighbors in Asia.

In its report, South China Morning Post said: “A military base will be built after the planned expansion of an artificial island located on Fiery Cross Reef”, which the Philippines refers to as Kagitingan Reef.

The planned military base, the report noted, will feature an air strip and a port which will also house storage facilities for military supplies. An observation post on the reef already exists, the report added.

Should China push through with the said plan as announced, the Asian economic giant will have the most strategic outpost in the heart of the disputed territories over the West Philippine Sea, the Spratly Group of Islands, Professor Jay L. Batongbacal of the College of Law Maritime Affairs and Law of the Seas of the University of the Philippines (UP) said.

“It makes perfect strategic sense in terms of asserting its claim such bases will enable China to carry out its current operations versus other claimant countries on a continuous basis 24/7 operations,” he told BusinessWorld in a text message.

In terms of its strategic competition with the US, Mr. Batongbacal added that a base in the West Philippine Sea, “is essential to be able to monitor and constrain US naval movements.”

“A base in the South China Sea is China’s solution to US increased rotational presence in the region. A full-blown military base will also support China’s military movements. Instead of making do with small outposts that have limited capacity and capability to support maritime operations, bases will give China all the capabilities it needs to elbow everyone else out of their current position,” Mr. Batongbacal further explained.

ASEAN MEETINGS
Meanwhile, the Philippines also renewed its call for the peaceful, rules-based resolution of disputes in the West Philippine Sea and South China Sea during high-level meetings of the Association of Southeast Asian Nations (ASEAN), ASEAN Plus Three (APT), East Asia Summit (EAS) and ASEAN Regional Forum (ARF) in Yangon, Myanmar.

Foreign Affairs Undersecretary Evan P. Garcia, Philippine Senior Official and Head of Delegation to the meetings, emphasized that recent provocative and unilateral actions by China constitute an infringement on the rights of the Philippines and other countries under the UN Convention on the Law of the Sea (UNCLOS), and a violation of the 2002 ASEAN China Declaration on the Conduct of Parties in the South China Sea (DoC).

He called on all parties to exercise self-restraint as provided by paragraph 5 of the DoC, citing that these unilateral actions “raise the level of tensions to a new high and undermine the spirit of good neighborly ties and mutual confidence necessary for the region to move forward and decisively to implement the DoC fully and effectively.”

Mr. Garcia stressed the urgency for ASEAN and China to expeditiously conclude a substantive and legally binding Code of Conduct in the disputed waters. Noting that the Arbitral Tribunal has fixed Dec. 15, 2014 as the date by which China should submit its response to the Philippine memorial, Mr. Garcia noted that the Philippines has invited China from the very beginning to take part in the peaceful, rules-based process to clarify the extent of its maritime claims before the international community.

He said the Philippines called for regional maritime norms which are compliant with international law to promote good order at sea, to serve as confidence-building measures and to reduce risks of miscalculation.

The series of meetings hosted by Myanmar, chair of ASEAN this year, began last Saturday, to prepare for the Ministerial Meetings in August.

The said meetings reviewed the progress of regional cooperation in comprehensive areas and discussed strategic and security issues affecting the Asia-Pacific region.

Aside from calling for a peaceful means to mend ties with China over escalating tensions, the Palace Spokesman maintained the Philippines’ relationship with the Asian economic giant is not solely dependent on the conflict with them in the South China Sea or the West Philippine Sea.

“Again, our relationship with China is multi-faceted, plus the fact that we have a number of Filipino-Chinese members in our country. We have always had very good relations with China in the other areas of exchange -- people-to-people, tourism, trade -- so I think it should not be a concern for us because, again, we have a very rich relation with China which is not limited to the current situation in the West Philippine Sea,” Mr. Lacierda said.

He added that President Benigno S. C. Aquino III is set to attend today, the joint celebration of the 116th Philippine Independence Day and 13th Filipino-Chinese Friendship Day at the Manila Hotel, organized by the Federation of Filipino-Chinese Chambers of Commerce and Industry, Inc. (FFCCCII).

Mr. Lacierda said the President will deliver a speech, during which, he will highlight the contributions of the Filipino-Chinese community not only to the growth of our economy but also to the enhancement of civic life.

The joint celebration marks the 13th Filipino-Chinese Friendship Day, the Palace Spokesman added, which is celebrated on June 9. Ambassador Zhao Jianhua of the People’s Republic of China will also deliver a message.

Earlier, the President confirmed China has expanded its activities on the disputed waters revealing he has received reports on the presence of Chinese ships in more areas in the disputed shoals over the West Philippine Sea, particularly in Gavin Reef and Cuarteron Reef in the Kalayaan Group of Islands.

Last month, the Philippine government tagged China’s reclamation activities in Mabini Reef as “illegal” accusing Beijing of violating the DoC.

The Chinese activity was first monitored by the Philippines in February 2014. On May 15, the Department of Foreign Affairs released photos of China’s “destabilizing” moves in the disputed seas.

‘A FARCE’
China yesterday expressed displeasure after Vietnamese and Filipino troops played sports together on a contested island, with the foreign ministry denouncing the activity as “a farce.”

The retort from Beijing came a day after Vietnam hosted Filipino troops on an island it controls in the disputed Spratlys archipelago in the South China Sea that the Philippines’ Navy said was designed to “foster camaraderie.”

Asked about the joint sports activity, Chinese foreign ministry spokeswoman Hua Chunying said at a regular briefing: “Don’t you think that these small tricks conducted by the Philippines and Vietnam are nothing but a farce?”

She also urged Hanoi and Manila to “refrain from taking any actions that may complicate or magnify the dispute” and said that China “exercises indisputable sovereignty over the Nansha Islands and adjacent waters”, referring to the Spratlys by their Chinese name. -- with Imee Charlee C. Delavin (Businessworld) and AFP