Blogger's Notes:
Commentary of an Academic
(Copyright @ 2018 by Chester B Cabalza. All Rights Reserved).
In an act of bravado to signify Philippine interest to cordon off the Philippines’ latest maritime gem, President Rodrigo Duterte aboard BRP Davao del Sur signed on May 15 a presidential proclamation declaring portions of the Philippine Rise, formerly known as the Benham Rise, and Eastern Kalayaan in the Spratly Islands as protected areas. The 50,000 hectares resource-rich continental shelf which became a Strict Protection Zone exclusively for Philippine scientific studies was ruled out by the United Nations in 2012 as part of the country’s Exclusive Economic Zone (EEZ) giving the Southeast Asian’s archipelagic nation-state the sovereign rights to explore and exploit resources in the area.
The Philippine
Rise is an uncontested underwater plateau about 150 nautical miles to the east
of the northern Philippine island of Luzon. It was renamed also in May last
year from Benham Rise, fortified through the Executive Order No. 25, renaming
the 13-million hectare area undersea landmass off Aurora and Cagayan provinces
in an apparent bid to assert the country’s sovereignty amid alleged incursions
by Chinese ships.
Two years ago,
in a campaign showdown between and among presidential candidates in the
Philippines, the firebrand leader caught the attention of Filipino voters when
Duterte said, out of his witticism to augment his tactical approach, to ride a
jet ski to the contested waters of the West Philippine Sea on China’s reclaimed
land in the Spratlys and plant the Philippine flag there to stir his patriotism
to the country at the height of the ongoing row in the West Philippine Sea
between China and the Philippines. As of this time, that political promise has
yet to be realized.
Last year, China
sought permission from the Philippines Department of Foreign Affairs to conduct
its own hydrographic surveys in the uninhabited and structure-free Philippine
Rise which saw its presence in several periods. The massive rise has no
scintilla of ownership dispute and is recognized by international law that
gives an apparent geostrategic importance to China in its quest to establish
itself as a regional hegemon. China’s newfound defense and economic confidence
is near completion on its reenvisioned maritime power. Understandably, this
undersea scientific playing ground matters to China’s quest for maritime
expansion.
Despite the
warming relationship of China and the Philippines and frequent visits of strongmen
Asian leaders in Beijing and Manila, how come that the Filipino president tries
to assert his sovereignty rights over the Philippines Rise? Will China
continuously pursue bilateral cooperation in the exploration and exploitation
of the resource-rich rise?
In a conciliatory
bid to soften Manila’s aggressive attack on Beijing, President Duterte’s recalibrated diplomatic knack swiftly nurtured
a welcoming friendly ties with Xi Jinping after the highly-talked about July
2016 Arbitral Tribunal invalidation of China’s nine-dash line claims, for which
after several high-level summits, it will pave a way for an holistic Framework
on the Code of Conduct in managing the contested islands to avert the costly
consequences of any potential outbreak of armed confrontations in the disputed
sea region.
Underlining
President Duterte’s action man persona proves that he is trying to assert
sovereignty to Philippine territories bounded by the spirit of the Philippine
Constitution that explicitly adheres to the protection and security of the
country’s national sovereignty and territorial integrity. In his thrust to
accelerate federalism, he had ordered the composition of the Consultative
Commission that intends to harmonize the country’s 1987 constitution with
existing international laws of the sea.
In the proposed
Article 1 of the draft charter on Sovereignty Over Territory and Sovereign
Rights, Section 1 states that, “the Philippines has sovereignty over its
territory, consisting of the islands and waters encompassed by its archipelagic
baselines, its territorial sea, and its airspace. It has sovereignty over
islands and features outside its archipelagic baselines pursuant to the laws of
the Federal Republic, the law of nations, and the judgments of competent
international courts or tribunals. It likewise has sovereignty over all the
other territories belonging to the Philippines by historic right or legal
title. While Section 2 stipulates that, “the Philippines has sovereign rights
over that maritime expanse beyond its territorial sea to the extent reserved to
it by international law, as well as over its extended continental shelf
including the Philippine (Benham) Rise. Its citizens shall enjoy the right to
all resources to which they are entitled by historic rights.”
However historic
right and legal title on the Philippine Rise can become a potent factor to
circumvent the ambiguity and volatility of regional security environment that may
make or break any strategic undertaking. To subscribe to the historical claims
would be a haphazard calculation of China’s saber rattling military manuevering
to legitimize its claims in the disputed islands in the region. It is a
double-edged sword tactic resulting to pessimistic multiplier effects on how to
deal with the Philippine Rise conundrum.
On the query on
bilateral cooperation between the Philippines and China, it appears relatively affirmative
and promising. In terms of joint scientific research, Philippine law would
allow foreign research in its territory as long Filipino scientists are aboard
the research vessel and the findings of the study are shared internationally.
Hence, Article 246 of the United Nations Convention on the Law of the Sea
(Unclos) permits in normal circumstances the granting of consent for marine
scientific research projects by other countries.
Nonetheless, the
world’s second largest archipelago remained weak in defending its stolen
territory and maritime entitlements despite an increase to 13 million hectares
on Philippine archipelagic territory based on endowment of the Unclos to the
Philippine Rise. Hence, Philippine defense laws and security executive
issuances should essentially identify fundamental interests, primarily for the
fortification of the country’s sovereignty and territorial integrity. In the
end, the Philippines is still locked in a period when hegemony of naval powers
reign at seas to regain its real independence.