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Philippine Government Failed to Defend Our Rights in the South China Sea
Filipino youth on Pagasa island rally against Chinese incursions into Philippine territory. Photo:Kalayaan Atin Ito/Facebook/smh.com.au

t is not every day that Filipinos can claim to have altered the course of global events. Some say we tend to see ourselves as insignificant. Even a well-intentioned UP professor once compared Filipinos to ants who should stay away from the US-China conflict least they get squashed by the dueling giants. Well, Filipinos are not insignificant. In fact, as plaintiffs in the case brought before the Permanent Court of Arbitration (PCA), we Filipinos had a very significant role to play.

When the PCA handed down its decision in 2016, there was palpable excitement across the globe. An article from Lawfare, by Robert Williams, a senior research scholar at Yale Law School, captured the zeitgeist of that moment, noting that "a nearly across-the-board win for the Philippines, and a searing verdict on the lawfulness of China's artificial island construction and other actions in the South China Sea." Even neighboring countries like Vietnam and Taiwan celebrated the PCA decision as they too had territorial claims.

The Hague Tribunal's 501-page decision was a courageous one. It clearly noted that the Philippines was entitled to its Exclusive Economic Zone (EEZ) based on the 1982 United Nations Convention on the Law of the Sea (UNCLOS). However, it did not accuse China of bad faith. Instead, it sought to clarify the law for both parties.

In the past, a territorial dispute between countries was usually settled by going to war. However, this time would be different. The nations of the world have agreed to follow the rules and conventions that would negate the need for hostilities. Mankind was moving toward a better, more humane world for all.

But because the PCA had no means to enforce its ruling, it was up to the Philippines to rally the support of law-abiding nations across the globe to join together and—through peaceful means—get China to change its ways. In the past, many countries have changed their behavior due to pressure from the global community.

Unfortunately, the Philippines dealt a severe blow to international jurisprudence when it set aside the PCA's landmark decision and instead chose to negotiate bilaterally with China. What the Philippines had to negotiate with was never made clear. However, it was just what China wanted. The Philippines tossed out its winning hand—the unanimous ruling in their favor—and instead took a subservient stand towards Beijing.

Not surprisingly, China got everything it wanted, while the Philippines ended up with nothing but empty promises. This is the Chinese Communist Party's idea of a win-win situation (we win because we get everything, but you also win because we don't destroy you).

Some sectors in the Philippines believe that China knew early on that they would lose the arbitral case. To mitigate—and possibly even reverse—any damage, this group believes China rigged the elections and backed a candidate they knew they could control. There is no evidence to prove or disprove any of these assertions, though a growing number believe them to be true.

What has become apparent during the intervening four years is that China has grown more obstinate with its South China Sea claims. It has no intention of ceding its occupied territories, even if those territories are inside the Philippines' EEZ. Also apparent is the fact that current Philippine leaders appear incapable or unwilling to make any demands on China. They are there to meekly bow their heads and take any punishment or humiliation that Beijing metes out.

One final point: Filipinos should not expect other countries to do all the heavy lifting for them. They need to do that work themselves by speaking out and rallying global support to force China to return control of everything it occupies in the South China Sea that legally belongs to the Philippines. Published 4/10/2021







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