JUST one day after announcing it had reached this week a "provisional arrangement" with China covering resupply missions to Ayungin (Second Thomas) Shoal, Manila said Beijing's account of the conditions required under the agreement was "inaccurate."
It is unclear if the agreement was the result of an error on the Chinese spokesman's part or a deliberate attempt by Beijing to change the rules after the deal had been reached. But the speed at which the arrangement has run into problems does not bode well for ongoing diplomatic efforts built on the China-Philippines Bilateral Consultation Mechanism (BCM) on the South China Sea, an approach championed by the previous administration that sought to ease tensions in that sea by papering over fundamental differences in how the two sides interpreted international law.
Part of the problem, it seems, is that regardless of what China's Foreign Ministry says or does, the People's Liberation Army Navy and its surrogates in the South China Sea — the China Coast Guard and the Chinese Maritime Militia — will do whatever they want to enforce Beijing's mistaken notion that they are protecting Chinese territory, when in fact the Permanent Court of Arbitration has already ruled that there is no legal basis for Beijing's expansive claims in that body of water.
In fact, Ayungin Shoal is 106.3 nautical miles from the island province of Palawan, 423.3 nautical miles from the Paracels and 617.39 nautical miles from the Chinese mainland — clearly beyond the 200-nautical-mile maximum maritime entitlement for an exclusive economic zone (EZZ) under the United National Convention on the Law of the Sea (Unclos). In accordance with the Unclos and the final and binding 2016 Award in the South China Sea Arbitration, Ayungin is within the Philippines' EEZ and continental shelf, over which the country has sovereign rights and jurisdiction. China cannot, therefore, lawfully exercise sovereignty over it.
It is curious how some Chinese scholars now argue against this point when they could have brought up these and other arguments during the hearings before the arbitral tribunal, which Beijing spurned out of hand.
In announcing the new arrangement, the Department of Foreign Affairs (DFA) said the Philippines and China "reached an understanding on the provisional arrangement" for resupply missions to the beached Filipino naval ship, the BRP Sierra Madre, on Ayungin.
The DFA said both sides recognized the need to de-escalate tensions and concurred that the agreement "will not prejudice each other's positions in the South China Sea."
A day later, however, the Chinese Foreign Ministry spokesman said the arrangements were based on several conditions, including an agreement that the Philippines would inform Beijing in advance when conducting a resupply mission — and after onsite verification to prevent the transfer of construction materials that might be used to reinforce the Philippine outpost on Ayungin.
By any definition, this would clearly prejudice the Philippines' position on sovereign rights to Ayungin and its freedom of navigation in its own waters. After all, why would a sovereign state need the permission of another to engage in activities in its own territory? Perhaps that concept has been lost in translation.
In any case, the DFA itself has not helped matters by keeping the arrangement's provisions close to its chest.
On Thursday, senators urged the department to provide details of the provisional arrangement.
"This deal should be transparent and not shrouded in secrecy," said Sen. Francis Tolentino, chairman of the Special Committee on Philippine Maritime and Admiralty Zones. "It is important that we are able to deliver food and medicine for our soldiers. While this deal can help de-escalate tensions, the government must also assure our people that our sovereignty was not compromised."
Faced with the Philippines' legitimate concern, the Chinese have taken to gaslighting yet again, urging Manila "not to backpedal" on its commitment to carry out the provisional agreement.
"We call on the Philippines not to backpedal, not to create problems, and not to do anything that would complicate the situation," China's Foreign Ministry said.
It is a familiar refrain — one that Beijing has been trying to sell us ever since its "gentleman's agreement" with its favorite son, former president Rodrigo Duterte, and the new arrangement it tried to shove down our throats by releasing an alleged wiretapped conversation between a Chinese official and a Philippine military officer.
It is impossible to de-escalate tensions if one side refuses to acknowledge the legitimate concerns of the other. Papering over our differences in Beijing's favor won't work — at least, not for us. Perhaps, it is time Beijing tried something different. Some goodwill and flexibility — and a dose of transparency — come to mind.
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