Conclusion
Remarks by Ambassador Albert F. del Rosario, former secretary of Foreign
Affairs, at the Conferment of Honorary Doctorate Degree in Humanities by the Ateneo de Manila University (ADMU) on September 25, 2018, at the Rev. Henry Lee Irwin Theater, Ateneo de Manila University, Loyola Heights, Quezon City.
IT is the prerogative and the responsibility of an incumbent administration to decide on our foreign policy and to craft our diplomacy. At the same time, in a democracy, the citizenry may freely express its views. Members of the foreign affairs community should also be encouraged to share their expertise, experience and proposals for the general good.
So where are we in this respect? Objectively speaking, are we at a stalemate? I would submit that we are not. China has not only rejected the Arbitral Ruling, but has steadily moved to consolidate its presence and power projection in the South China Sea. This can only be to the disadvantage of the Philippines and other regional claimant states.
Furthermore, while negotiations on a binding regional code of conduct may be commendable, we should take care that nothing in it will undermine the legal victory of the Philippines.
Given Beijing’s prevailing hostility to our legal process, we must be vigilant on this score.
Moving forward will clearly be a complex task, where action will be required on several fronts, to protect and promote the Arbitral Award. All our actions, however, must be guided by the Arbitral Ruling, the sterling manifestation of the Rule of Law.
While we are cognizant of the imperative not to start an armed conflict, we firmly believe that adherence to the Rule of Law is a profoundly pacifist way that everyone should be able to follow. The thought that war was the only alternative to setting aside the Arbitral decision cannot possibly be serious in this modern world.
We should, therefore, protest any further illegal action by China. This applies especially to violations of our airspace and maritime entitlements and illegal activities such as harassing our fishermen and stealing our natural resources.
Issuing protests is not an act of aggression. It is standard diplomatic practice. The important thing is to show our disagreement for the record so that it may never be said that we have renounced our legitimate claims in the South China Sea.
We must also be vigilant about further militarization on the artificial islands.
These are clearly of a destabilizing nature that affects the security not only of Southeast Asia but also of the entire East Asian region. We have to remain aware of Beijing’s larger game.
Beijing’s stance risks exacerbating the potential of great power conflict, the one eventuality that nobody wants. If, indeed, China is intent on changing the status quo in the waters of our region, the Philippines should not be complicit in this strategic maneuver.
Taking into consideration the interests of other countries, the Philippines should also remain open to discussing the regional impact of the ruling. China will probably not attend, but we may proceed with other interested countries. To dispel any fear, we can have such discussions in a purely academic setting to begin with. There are many think tanks that would find such a discussion of great interest in contributing to a more clear, predictable and stable regional future.
The Philippines should, of course, actively participate in any international or regional event that seeks to establish norms or rules, whether legally binding or soft-law, that would strengthen further the foundations of the Rule of Law in inter-state relations within the region. The South China Sea is not the only area of dispute in East Asia. Improvements in one might hopefully lead to amelioration elsewhere.
In the case of the South China Sea, given the existence of multiple claimants, multilateral diplomacy is necessary. This means the involvement not just of other territorial claimants but also of other states that have varied interests in the South China Sea basin. So the member-states of Asean, the EAS and the ARF should be appropriately included for reasons of transparency and fairness to all concerned.
Since we are far from a peaceful, final, and lasting political settlement of the South China Sea disputes, it makes eminent sense to promote interim trust and confidence-building measures and other practical initiatives.
These may not touch on borders or sovereignty questions, but would instead focus on such areas as fishing, marine environment, the safety of shipping and the avoidance of collisions and other untoward incidents at sea.
However, we must take great care about resource-sharing arrangements. We must ensure that they conform to the Philippine Constitution and do not serve to undermine the Arbitral Ruling. Indeed, joint exploitation is so sensitive an issue we really should create a multisectoral consultative body, with our best legal minds, to assist the administration in developing this initiative. It behooves us moreover to be transparent in our intentions.
The attitude of caution should also be present when we accept Chinese loans. Our country obviously needs greater investments to modernize infrastructure and sustain our growth to increase employment. Nonetheless, we should remain mindful of the numerous reports regarding so-called debt traps involving the injudicious use of loans from China in various countries.
Our ultimate objective is to lay the foundations for predictability and stability. All we do before that are steps on the way to that objective, accomplished within a framework of diplomatic dialogue and cooperation reinforced by what should be a common commitment to the Rule of Law.
The Rule of Law is the only principle that can transcend the interests of various jurisdictions in the sphere of international relations. If we do not adhere to the Rule of Law, then we consign our regional affairs to the clash of national interests without rules. The regional order would then be one where the strong will impose on the weak, and the regional order will be designed not to serve our shared interests in a prosperous and progressive future but the rival interests of great powers.
The Philippines took a giant step in promoting the Rule of Law in our region, and indeed, for the whole world by recourse to arbitration.
We are now at the crossroads of an opportunity which we should not let fall from our grasp. We are also beset by threats on all sides. As I said at the beginning, there are those not happy, for reasons right and wrong, with the current status quo in many areas.
The unifying principle that would help most in containing and eventually resolving international disputes is a solid adherence to the Rule of Law, through the different instruments and mechanisms that codify, explain and operationalize it.
Of course, this includes Unclos and the Arbitral Ruling that clarified critical points of its application in the South China Sea.
In conclusion, permit me to humbly leave a suggested approach on the table. As we continue to urgently request our government to seek a resolution from the UN
General Assembly to have China abide by the arbitral outcome, Filipino citizens can and should continue to discuss the subject. Not only at home, but with our friends and allies overseas.
This can be done with think tanks, universities, CSOs and peoples organizations in a positive spirit of mutual engagement. I respectfully invite you, members of the Ateneo community, to join us in exploring—if you will—the various options on how we can move forward to pursue our respective entitlements and to make our
region a safer place.
One major purpose of our think tank entity—the Stratbase ADR Institute—is not to work at cross-purposes with the administration. Rather, it is to help keep this singular legal achievement of our Republic in the public mind so all people can explore its full potential for consolidating the international Rule of Law.
The future may be unclear and uncertain today. But fidelity to the Rule of Law and believing that right is might would buttress a truly independent foreign policy.
Finally, how can each of us be helpful? We can help by understanding what is happening, by adding our voices to defend what is ours and by taking a united stand in upholding the Rule of Law and doing what is right.
I thank you.