It has been four years since the historic 2016 Hague Ruling, where the Permanent Court of Arbitration recognized the Philippines’ territorial claims in the contested waters of the West Philippine Sea. This is consistent with the United Nations Convention on the Law of the Sea (UNCLOS), to which China is also a signatory. However, despite what appears to be a victory of the rule of law and democratic institutions over international strong-arm tactics, the contested waters and their islands remain just that— contested.
There has been a slew of violative intrusions since the ruling. These include collisions with Philippine fishing vessels, the building of military structures, renaming of islands, and even going as far as pointing a radar gun at a ship of the Philippine Navy. Unfortunately, the Philippines is not the only victim of Chinese aggression. Indonesia, Vietnam, and other ASEAN coastal states that have claims under international law have also been forced to contend with Chinese expansionism.
The mounting aggression from Beijing has led to national and international repercussions. In the Philippines, Sec. Teodoro L. Locsin, Jr. of the Department of Foreign Affairs issued a strongly worded statement reaffirming the “non-negotiable” nature of the award. Similarly, US Secretary of State, Mike Pompeo, formally rejected China’s claims on the South China Sea, calling China’s claims to offshore resources “unlawful,” adding that “the world will not allow Beijing to treat the South China Sea as its maritime empire.”
On a more local level, the Filipino public does not trust China. A recent SWS survey shows that 61% of Filipinos believe that China for withheld information on the Wuhan virus, and of that, 77% believe China should be held accountable. In addition, 70% Filipinos believe that the Philippines should assert its right to the West Philippine Sea, and 82% believe the Philippines form alliances with other democratic countries to defend their sovereignty.
The Duterte administration, despite campaign promises to the contrary, has cozied up to the Chinese Party-State, comparing them to “best friends,” as Palace Speaker Harry Roque would put it, relying on China for loans and investments with questionable benefit for the Philippines at best. Corrosive Chinese capital, expansionism, and posturing in the West Philippine Sea all stand to erode the rule of law, national sovereignty, and the already fragile order established by the international community of democratic states.
We at Democracy Watch Philippines believe that the Philippines is, first and foremost, a democracy. As such, all power held by the government emanates from the will of the people. It is clear, in both law and public sentiment, that the Filipino people yearn to uphold their sovereignty in the West Philippine Sea. It is high time that the government fulfill its mandate and prove our democracy; it must build alliances with other democratic nations and stand up for our sovereignty and the rule of law.
Paco A. Pangalangan
Lead Convenor, Democracy Watch Philippines
Executive Director, Stratbase ADR Institute