Kuala Lumpur, 6 August 2015
Mr. Chairman,
Review of EAS Cooperation
Ten years ago, we started this East Asia Summit initiative in Kuala Lumpur, Malaysia. This milestone regional initiative has since then attained prestige and status as an ASEAN-led success story.
The EAS is our premier forum where we can openly discuss strategic issues that affect peace, security and stability in the region. The Philippines underscores that such a forum should be creating a space for building confidence and mutual trust. It should, likewise, facilitate understanding among our Leaders. As such, we need to strengthen further the EAS consistent with this strategic thrust.
Now is the time to undertake a comprehensive review of EAS cooperation areas. This review should cover impact assessment and enable us to determine which mechanism we can most effectively pursue functional cooperation. The Philippines supports the view that EAS should not overlap with mechanisms such as the ASEAN Plus Three, ASEAN Plus One, and others. This review should also examine how the six areas of cooperation will fit into our ASEAN 2025 Vision; uphold ASEAN Centrality; and be consistent with our efforts to streamline ASEAN processes and mechanisms.
On this note, I wish to thank the Committee of the Permanent Representatives in undertaking preliminary work in our effort to take stock of the EAS and for conducting a dialogue with our non-ASEAN partners in order to chart the future focus areas and direction of the EAS.
The 6th EAS Summit already recognized the importance of promoting maritime cooperation as an important area of our engagement in EAS. The Philippines supports the inclusion of maritime cooperation as the seventh priority area of cooperation.
The strategic issues that fall under the purview of the EAS are not confined to the geographical limits of East Asia. Security threats such as the Islamic State, Ebola, extremism, natural and man-made disasters know no geographic boundaries. In this regard, we have issued timely statements on the subjects of transnational cyber issues and violent extremism. These are areas where the discourse at EAS can be reinforced and broadened with the participation of like-minded dialogue partners and applicants such as Canada and the EU.
Exchange of Views on Regional and International Issues
South China Sea
Please allow me now to focus on our region’s major security concern, namely the South China Sea.
The Philippines believes that the EAS is an appropriate forum to address vital regional security issues, particularly the South China Sea.
Over the past several years, the Philippines and its ASEAN partners and China have sought to fully implement the DOC and conclude a binding COC. While there have been some movements in this regard, this is by no means sufficient to manage the recent increase in tensions arising from disputes and aggressive unilateral actions, including massive reclamation activities.
The Philippines also had sought through bilateral and multilateral means to resolve these problems with China. Ultimately these all failed. Therefore, the Philippines turned to arbitration as a transparent, friendly, durable and peaceful dispute settlement mechanism consistent with international law, including UNCLOS. More importantly, we pursued the arbitration procedure to precisely preserve a valued friendship.
Update on the PH Arbitration Case
Mr. Chairman, the Arbitral Tribunal, constituted under UNCLOS, conducted a hearing on 7-13 July 2015 on the jurisdiction and admissibility of the Philippines’ claims against China. The Philippines emphasized the following points:
First, China is not entitled to exercise what it refers to as “historic rights” over the waters, seabed and subsoil beyond the limits of its entitlements under the Convention;
Second, the so-called nine dash line claim has no basis whatsoever under international law;
Third, the various maritime features relied upon by China as a basis upon which to assert its claims in the South China Sea are not islands that generate entitlement to an exclusive economic zone or continental shelf, and that China’s recent massive reclamation activities cannot lawfully change the original nature and character of these features;
Fourth, China has breached the Convention by interfering with the Philippines’ exercise of its sovereign rights and jurisdiction; and,
Fifth, China has irreversibly damaged the regional marine environment, in breach of UNCLOS, by its destruction of coral reefs in the South China Sea, including areas within the Philippines’ EEZ, by its destructive and hazardous fishing practices, and by its harvesting and poaching of endangered species.
You may wish to take note that the massive reclamations cover at least 800 hectares, approximately equivalent to over 1,000 football fields.
To be clear, we should not accept massive reclamation and construction on them as fait accompli. Under Article 60, paragraph 8 of UNCLOS, “Artificial islands, installations and structures do not possess the status of islands. They have no territorial sea of their own and their presence does not affect the delimitation of the territorial sea, the exclusive economic zone or the continental shelf.”
We also oppose any acts that threaten freedom of navigation and freedom of overflight and raise the risk of miscalculations if not conflict.
The Philippines believes that the final outcome of this arbitration process would contribute to the peaceful and long-term resolution of overlapping maritime jurisdictions in the South China Sea.
It is furthermore urgent, even as we strive for a final enduring resolution of disputes, that we redouble our efforts to reduce tensions now. For this reason, we had proposed last year the cessation of aggressive activities that heighten tensions. Unfortunately, such aggressive activities have not ceased.
As a means of de-escalating tensions in the region, the Philippines fully supports the call of the United States on the "3 halts": halt in reclamation, halt in construction, and halt in aggressive actions that could further heighten tensions.
All parties to the DOC must reach a common understanding on the practical meaning of the principles of non-use of force or threat of force and self-restraint. They should not negate their commitment, under the DOC, to observe self-restraint, and not inhabit any uninhabited features, which the Philippines has honored fully since DOC’s inception.
We hope that we will finally see from concerned parties actions that are consistent with their words, so that genuine efforts to lower tensions in the South China Sea could succeed.
Iran’s Nuclear Program
On Iran’s nuclear program, the Philippines fully supports the issuance of an EAS Foreign Ministers Statement welcoming the Joint Comprehensive Plan of Action reached on July 14, 2015 between the E3 / EU+3 and the Islamic Republic of Iran.
We welcome the agreement as an important measure in promoting security and stability, both regional and global, and we join the call for the countries involved and the international community to help maintain the positive momentum for long-term peace that this agreement creates.
Conclusion
In conclusion, Mr. Chairman, let me express the Philippines’ firm belief that the EAS should play a major role in crafting the region’s security architecture and it must address all major issues that prevent us from truly creating a region of peace and cooperation.
I thank you, Mr. Chairman.