Another Chinese attack and the 211th diplomatic note
November 22, 2021by Orlando Oxales originally published in The Manila Standard
“The next leaders we elect will put our interests first — not Beijing’s.”
In yet another act of aggression and in blatant violation of Philippine territory, Chinese coast guard vessels blocked two Philippine supply boats and sprayed water cannons in a resupply mission in Ayungin Shoal.
This reportedly happened November 16 and has sparked another diplomatic protest – the 211th diplomatic note against China during the Duterte administration – and a barrage of strongly worded denouncements from, well everybody.
The attack happened in Ayungin Shoal which is part of the Kalayaan Island Group (KIG) and well within the Philippines’ exclusive economic zone and continental shelf. The Philippines has sovereign rights and jurisdiction over this.
US State Department spokesperson Ned Price in a statement issued two days after the incident said, “The United States stands with our ally, the Philippines, in the face of this escalation that directly threatens regional peace and stability, escalates regional tensions, infringes upon freedom of navigation in the South China Sea as guaranteed under international law, and undermines the rules-based international order.”
Timely was the latest virtual town hall discussion of international think tank Stratbase ADR Institute (ADRi), on “Responding to Emerging Maritime Security Challenges in the Indo-Pacific” wherein German Ambassador H.E. Anke Reiffenstuel in her keynote speech said, “Incidents like the one reported just this week (the Ayungin Shoal incident) contribute to increasing tensions and to deteriorating maritime security environment as well as a threat to the peaceful development of the region. At the same time, it becomes evident that multilateral cooperation is the right way to address these challenges.”
Amb. Reiffenstuel sees Asia and the Indo-Pacific region as one of growing global economic, political and geostrategic importance against the background of the strategic rivalry between the US and China.
“It is obvious that the shape of tomorrow’s international order will be decided in the Indo-Pacific region. Conscious of this situation, a reliable international rules-based maritime order is indispensable.”
She emphasized that the United Nations Convention on the Law of the Sea (UNCLOS) provides this necessary comprehensive multilateral framework for a rules based maritime order as well as the adequate instruments and mechanisms, and it provides the basis for regional and global cooperation and partnerships in the maritime domain.
“It wouldn’t really make a difference that supports the multilateral approach to bring in the EU as a strategic partner with the EU and its Indo-Pacific guidelines and growing commitment to engage and to increasingly engage in the region. It would not only make sense, but also welcome and confirm the commitment that has been made by the EU,” Amb. Reiffenstuel said.
Prof. Rüdiger Wolfrum, Director emeritus, Max Planck Institute for Comparative Public Law and International Law and Former Judge of the International Tribunal of the Law of the Sea said that even if China does not believe the claim of the Philippines, blocking the Philippine supply vessels was the wrong means and the wrong attitude. He said that the issue should be brought up before the International Court of Justice in accordance with Article 33 of the United Nations Charter to which China must abide.
He pointed out that instead of unilateral acts, there should be multilateral response and advocated for regional cooperation under the ASEAN.
“I believe it is now for ASEAN to take an initiative to build peace, modify or to downgrade the tension that is evidently existing in this area. Unilateralism in this respect will only aggravate the situation and create new challenges,” Prof. Wolrum said.
Stratbase ADRi President Prof. Dindo Manhit likewise stated that the institute firmly believes that the future of the Indo-Pacific lies in the multilateral and inclusive cooperation among like-minded states in the region such as the United States, Australia, India, and Japan, as well as members of the European Union such as Germany.
“Given these challenges coupled with the regions’ evolving security architecture, the Filipino people should remain vigilant against any attempt by foreign countries to encroach on the country’s jurisdiction.”
“The upcoming May 2022 elections is an opportunity to move away from this appeasement policy towards China that permits aggressive attacks against Filipinos and to elect leaders who will remain committed to protecting the country’s national security and sovereign rights in the disputed territory,” Prof. Manhit said.
This new Chinese incursion into our sovereign territory in another calculated — short of a shooting — assault against Philippine vessels will not be the last of its escalating acts of aggression in the West Philippine Sea. The President’s preferential policy towards China manifested by his words and acts betrays his duty to the country. While we must be more vigilant and assertive in guarding our territories, we must make sure that the next leaders we elect will put our interests first, and not Beijing’s.