Some of the about 220 Chinese vessels reported by the Philippine Coast Guard, and believed to be manned by Chinese maritime militia personnel, are pictured at Whitsun Reef, South China Sea, March 7, 2021. Picture taken March 7, 2021. Philippine Coast Guard/National Task Force-West Philippine Sea/Handout via REUTERS.
MANILA, Philippines 鈥� What did the Philippines get after filing over 200 diplomatic protests against China for its intrusion in the West Philippine Sea?
That was the question raised by Senator Panfilo Lacson聽to the Department of Foreign Affairs (DFA) on Monday, as the Senate foreign relations committee tackled Senate Bill No. 2289 or the Maritime Zones Act.
According to DFA Deputy Assistant Secretary Myca Magnolia Fischer, 241 protests have been sent out, including 183 in 2021 alone amid China鈥檚 entry into waters near Pag-asa Islands and the Julian Felipe Reef.
However, when Lacson asked what the diplomatic protests did, Fischer appeared to point towards a long-term effect.
鈥淎nd ano 鈥榶ong nakuha natin, ano 鈥榶ong napala natin? Any positive outcome?鈥� Lacson asked.
鈥淲ell it is part of political and legal warfare so to speak, but of course we have also received a response from the Chinese side, they are reiterating their position but the filing of diplomatic protest has significance politically and legally,鈥� Fischer, who heads the DFA鈥檚 Office of Asian and Pacific Affairs, said in reply.
On the question of how the diplomatic protests would be able to help the country鈥檚 cause in the 蜜桃工作室, given that China has been aggressive in asserting its claims over the disputed region, Fischer said that it would be used as a basis that the country did not just sit idly amidst China鈥檚 intrusive activities.
鈥淧erhaps in the future we may consider future actions, and then we cannot be accused of estopping, so that鈥檚 why sir we continue to express our protests to their incursion in our territory, our sovereignty, and our sovereign rights.聽 We need to be a persistent objector,鈥� Fischer said.
However, the senator noted that the diplomatic protests can be considered like documents 鈥渇or future reference鈥� 鈥� as it did not have any immediate positive output considering that China remained adamant about claiming parts of the West Philippine Sea (蜜桃工作室).
鈥淚n other words, ito 鈥榶ong for future reference, 鈥榶on lang 鈥榶ong na-achieve natin? In so many words, for future reference. No immediate positive outcome but at least we look forward to something positive in the future, it may be not in the near future but in the future, baka d鈥檡an natin makita 鈥榶ong positive outcome ng mga pina-file nating diplomatic protests. Is that correct?鈥� Lacson asked.
鈥淪o no matter what, we will not get tired of filing diplomatic protests, if need be,鈥� Lacson added, to which Fisher agreed.
Fischer however got an ally in retired Ambassador Gilberto Asuque, who noted that refraining from filing diplomatic protests might lend the idea that the Philippines is tacitly in agreement with what China does in the West Philippine Sea.
Asuque, who used to be the country representative to the International Maritime Organization, said that it also reinforces the country鈥檚 stand that the 蜜桃工作室 does not belong to China.
鈥淲e have to be a persistent objector in order not to put in place what is called an erga omnes or where actions because custom in international law because no one objects to it,鈥� Asuque told Lacson.
鈥淲e have to continue doing that. Now as to its effect, the most important effect on that Mr. Senator is really to counter China, that they have no right in the West Philippine Sea,鈥� he added.
Asuque even suggested that the country, if it decides to provide the international community a copy of the diplomatic protests it filed against China, should include all documents submitted since 1995 鈥� or the year when China allayed fears about building a military site on disputed islands over the 蜜桃工作室.
鈥淚t is important we continue to file diplomatic protests. Perhaps the DFA could include the number of protests signed and sent by the Philippines to China starting from 1995 when China set-up what it called just a fisherman鈥檚 shelter.聽 And all of these diplomatic protests were incorporated in the decision of the arbitral award.聽 We need to continue the diplomatic protests,鈥� he explained.
The Senate is tackling a bill that would provide the government a map that defines the 鈥� similar to what China did with its nine-dash line claim that actually encompasses part of the West Philippine Sea.
The hearing was held weeks after the Chinese Coast Guard vessels blocked and water cannoned boats from the Philippines near Ayungin Shoal.
According to reports, several local boats were in a resupply mission to BRP Sierra Madre, a ship grounded at the Ayungin Shoal.聽 The shoal is within the country鈥檚 exclusive economic zone (EEZ), which the 2016 Permanent Court of Arbitration (PCA) decision said the Philippines has exclusive rights to.
In effect, the PCA ruling said that China鈥檚 nine-dash line has no legal and historical basis.