Duterte: Arbitral ruling can’t be ignored by any country, however big and powerful

November 12, 2020

By Celerina Monte

President Rodrigo Duterte said on Thursday that the United Nations arbitral ruling cannot be ignored by any country, even the big and powerful ones.

This as Duterte apparently expressed dismay that up to now, the code of conduct of parties in the South China Sea between the Association of Southeast Asian Nations and China has not been completed.

Duterte made the statement during his intervention at the plenary session of the 37th Association of Southeast Asian Nations via a video conference.

"The 2016 Arbitral Award on the South China Sea is an authoritative interpretation of the application of UNCLOS (United Nations Convention on the Law of the Sea). It is now part of international law. And its significance cannot be diminished nor ignored by any country, however big and powerful," he said.

The Hague-based Permanent Court of Arbitration, in its 2016 ruling, invalidated China's historic and sovereign claim in almost the entire South China Sea, including those areas within the exclusive economic zones of other countries like the Philippines.

Aside from China and the Philippines, other ASEAN countries which have claims in the South China Sea are Brunei, Malaysia, and Vietnam.

ASEAN has been trying to forge a code of conduct with China. The Philippines has been acting as the coordinator on the matter.

"The Philippines is one with ASEAN in transforming the South China Sea into a sea of peace and prosperity for all. We are committed to the immediate conclusion of a substantive and effective Code of Conduct in the South China Sea. And if I may add, it has been a long time and it is a long wait," Duterte said.

Despite the arbitral ruling, China has continued to ignore it as it has been aggressive on its activities in the South China Sea where it even built artificial islands in the area.

"As I have said before, the South China Sea issue is ASEAN’s strategic challenge. How we deal with this matter lays bare our strengths and weaknesses as a Community. We must act with haste," Duterte said.

"The Philippine position is clear and firm. We must solve the disputes peacefully and in accordance with international law, including UNCLOS," he stressed.

Duterte also said the Philippines is committed to build a politically cohesive ASEAN, at the center of the region’s peace and security agenda.

"We have made significant progress towards this goal. But the current geopolitical landscape creates challenges to our claim of Centrality. As we chart our Community’s post-2025 future, it is crucial that we consolidate ASEAN’s position in the evolving regional order," he said.

"Dictated by zero-sum logic, external powers will continue to maneuver to get us to choose camps. And this we must resist – consistently and firmly," he said.

Duterte was apparently referring to United States and China's tension, including its trade war. US and other countries have also been critical about China's aggressive stance in the disputed waters.

"Peace and stability can only be ensured by an open and inclusive order, where ASEAN remains the fulcrum of regional security processes and mechanisms. ASEAN Centrality is not, however, a constant given. We have to work for it to deserve it. We have to enhance our credibility as an independent actor able to engage all regional stakeholders with vision and strategic coherence," he said.

"We must, therefore, remain united. We must show that we are masters of our region’s destiny and that we can work together to achieve shared aspirations and solve common problems," Duterte added. Celerina Monte/DMS