Militarization of the South China Sea

As if China’s latest move of establishing a military garrison on the disputed Paracel Islands in the West Philippine Sea (South China Sea) is not bad and provocative enough, now comes Taiwan's Ministry of National Defense (MND) confirming that it will complete the installation of a certain number of cannons and mortars on Taiping Island in the South China Sea next month in a move to enhance its military presence in the disputed seas amid the escalating conflict over the region.

Taiwan controls the Dongsha Islands, the largest island group in the South China Sea, as well as Taiping Island, the largest of the Spratly Islands and the only one where fresh water is available.

A total of eight sets of 40mm autocannons and a certain number of 120mm mortars is said to be shipped to the island by the end of August after a legislative committee demanded in May that the MND should do so on Taiping Island and Dongsha Island within six months.

What we seem to be seeing now is the beefing up of arms and forces in the most unlikely place between these two antagonistic countries.

China regards Taiwan as a breakaway province which it has vowed to retake, by force if necessary.
It must be recalled that Chiang Kai-shek's Republic of China (ROC) government, which fled the mainland to Taiwan in 1949, at first claimed to represent the whole of China, which it intended to re-occupy. It held China's seat on the United Nations Security Council and was recognized by many Western nations as the only Chinese government.

But in 1971, the UN switched diplomatic recognition to Beijing when the sleeping giant started waking up and flexing its muscles and the ROC government was forced out.

While China belittles Taiwan’s existence as a sovereign state, Taiwan’s leaders, however, claim that it is clearly much more than a province, arguing that it is a sovereign state, as it has its own constitution, democratically-elected leaders, and over 400,000 troops in its armed forces.

With the militarization of the South China Sea by the Chinese and Taiwanese governments, not to mention the minuscule presence of naval forces from the Philippines and Vietnam, which are both active participants in the sovereignty dispute in the region, the more that we see tension building up and the prospect of resolving the dispute slipping away.

For as long as China continues asserting, for historical reason, its claim of sovereignty over nearly all of the sea, which is believed to hold vast amounts of oil and gas, a rich fishing grounds and is home to shipping lanes that are vital to global trade, it leaves no doubt in everybody’s mind that the region will be an inevitable flashpoint in the years to come.

China’s despotic incursions in other country’s territory

Not being done yet bullying the Philippines and other sovereign countries in the region over territorial dispute in the South China Seas, China has shifted its sights and now is causing an uproar in Japan by telling its government to respect Beijing’s “indisputable sovereignty” over islands claimed by both countries in the East China Sea.

The islands referred to here are islands known as Senkaku in Japanese and Diaoyu in Chinese.

Like the contested Spratly Islands and Scarborough Shoal in the South China Seas, the Senkaku or Diaoyu also lies in rich fishing grounds and are thought to contain valuable mineral reserves.

Tokyo recognizes a private Japanese family as owner of the Senkaku Islands in Okinawa Prefecture, which the government intended to purchase, but claimed otherwise by China, thus, the intrusion into Japanese territorial waters by Chinese patrol vessels.

It has been reported that the owner of the islands is demanding that either the Japanese government or the Tokyo government, which is also vying to buy the islets, construct a naval base to secure Japan's sovereignty over them.

It will be remembered that the Senkakus were controlled by the US after World War II, but were returned to Japan together with Okinawa. Chinese claims over the islands emerged in the late 1960s, about the time that a UN survey revealed the existence of a big hydrocarbon deposit beneath them.

Again, as in the Spratly and Scarborough dispute, the Chinese government issued a statement, saying, that “the Diaoyu Islands and their affiliated islets have always been China’s territory since ancient times.”

Unlike the small and poor nation claimants in the South China Seas that is being bullied with impunity by China, the latter has to think twice its actions towards Japan since it has been confirmed by the State Department that the Senkakus, which lies between Okinawa and Taiwan, "fall within the scope of Article 5 of the 1960 US-Japan Treaty of Mutual Co-operation and Security".

But, the most important question now is: What can you do to a UN member who refuses to recognize international agreements such as the International Tribunal on the Law of the Sea and the United Nations Convention on the Law of the Sea, which were crafted to settle disputes?

It is even useless to bring the issue to the International Court of Justice (ICJ), which normally could settle questions of boundaries and questions of sovereignty, because China has said, time and again, that it would not agree to the jurisdiction of ICJ.

If China, in this regard, is dishonoring the UN charter and its preamble, how could an organization of lesser eminence, the 10 members of Southeast Asian regional body ASEAN, be able to stop China from making despotic incursions on other country’s territory?

It is for a reason, therefore, that Philippine Foreign Secretary Albert del Rosario sounded desperate when he denounced Chinese “duplicity” and “intimidation” in the West Philippine Sea (South China Sea).

“If Philippine sovereignty and jurisdiction can be denigrated by a powerful country through pressure, duplicity, intimidation and the threat of the use of force, the international community should be concerned about the behavior,” Del Rosario said in the recently concluded annual ministerial meeting of the Association of Southeast Asian Nations in the Cambodian capital of Phnom Penh.

ASEAN should be a force to reckon with

The Association of Southeast Asian Nations (ASEAN) is a group of ten member countries that was organized to encourage political, economic, and social cooperation in the region for the good of each country and the welfare of their people.

According to ASEAN’s guiding document, the Treaty of Amity and Cooperation in Southeast Asia (TAC), there are six fundamental principles members have to adhere to and they are:

1) Mutual respect for the independence, sovereignty, equality, territorial integrity, and national identity of all nations.

2) The right of every State to lead its national existence free from external interference, subversion or coercion.

3) Non-interference in the internal affairs of one another.

4) Settlement of differences or disputes by peaceful manner.

5) Renunciation of the threat or use of force.

6) Effective cooperation among themselves.

From these fundamental principles one will immediately notice that the ASEAN is devoid of any military alliance. The organization is simply anchored on economic grounds.

Having said that, while member nations has respect for one another’s sovereignty, each member also demands that nations outside of their organization must also recognize their dominion over their lands and whatever else that belongs legally to them.

It is in this context that as the whole world is seeing how China is flexing its military muscles with impunity in the South China Sea or the West Philippine Sea, as the government has come to call it, specifically in areas where the Spratly group of islands (south of the Phl)and the Scarborough Shoal or Panatag Shoal (north of the Phl) are located, the Aquino government is asking the ASEAN to take a stand on the dispute with China over territorial claims as other member nations have also a stake in some parts of the contested region.

While we are claiming only that which the UN Convention of the Law of the Sea (UNCLOS) guarantees as within the 200 nautical miles Exclusive Economic Zone (EEZ), China’s argument, however, is that the whole of the West Philippine Sea is theirs on the basis of [its] nine-dash line claim, using a historical record.

China's historic nine-dash claim

The nine-dash claim is China’s delineation of its territory in the South China Sea, with nine dashes on the map that enclose all of the Spratly archipelago, parts of which are claimed by the Philippines, Brunei, Malaysia, Vietnam and Taiwan.

But, how could, for instance, China include in its claim the Scarborough Shoal, a protrusion of reefs lying north of the Spratlys and only 120 km off Zambales province on the western coast of Luzon? How could it be theirs when it is even less than the 200 nautical miles EEZ as prescribed by UNCLOS when it talks about the country’s continental shelf?

If China is claiming a solid mass that close to our shore, what will stop China from claiming Palawan later on?  It is for this reason that the ASEAN, as a group of respected nations with equally respected and competent leaders, should come out supportive of our claim and united and forceful in condemning the aggression and expansionist role China is playing in the region of the South China Sea, for if it could happen to us, it could, without doubt, happen to them, too.

The Philippines is thankful for Foreign Secretary Albert del Rosario for spearheading this move and for standing by his argument that ‘abiding by the rules set by the United Nations Convention on the Law of the Sea is the legitimate way of dealing with conflicting territorial claims in the disputed waters.’

ASEAN must show China that even without military alliance it remains a force to be reckoned with.