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| STATEMENT OF SECRETARY ALBERT F. DEL ROSARIO |
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AT THE ASEAN FOREIGN MINISTERS’ MEETING (AMM) RETREAT
11JANUARY 2012, SIEM REAP, CAMBODIA
Mr. Chairman,
The Philippines believes that a rules-based approach is the only legitimate way in addressing disputes in the West Philippine Sea. The dispute settlement mechanism established in the United Nations Convention on the Law of the Sea (UNCLOS) is the fundamental principle of the rules-based approach being espoused by the Philippines. I have emphasized this at the 44th ASEAN Ministerial Meeting (AMM) and 18th ASEAN Regional Forum (ARF) and again at the last ASEAN Foreign Ministers’ Meeting, all held in Bali. This rules-based approach under UNCLOS also calls for the resolution of disputes through peaceful means. For this reason, the Philippines proposed to ASEAN the Zone of Peace, Freedom, Friendship, and Cooperation (ZoPFF/C) as the actionable framework to clarify and segregate the disputed land features from the non-disputed waters of the West Philippine Sea, and in the process, address the issue of the 9-dash line. Alternatively, the Philippines has stated that it is considering third party adjudication, arbitration or conciliation, as appropriate, in the context of the dispute settlement mechanism of UNCLOS.
As another approach to resolving the dispute, the Philippines proposed during the November AMM a meeting of claimant states in the West Philippines Sea to specifically include China, to resolve these claims and define the non-disputed and the disputed areas for the purpose of establishing a Joint Cooperation Area.
Thus far, we are pleased that fellow ASEAN Member States support the rules-based approach, which essentially calls for (1) solving the issue peacefully (2) in accordance with the rule of law, particularly international law and UNCLOS and (3) the multilateral participation of various stakeholders to account for the various perspectives and interests. These principles are the very bedrock of our international order. We have all furthermore agreed that we have to move forward with the COC.
Mr. Chairman,
As we work on building the ASEAN community, it behooves Member States to now play a positive and meaningful role to solve the disputes peacefully in accordance with the Treaty of Amity and Cooperation (TAC) and reach a state whereby we are able to help resolve sensitive issues decisively without letting such issues fester and adversely affect the progress of our bilateral or multilateral relations.
In the context of the Philippine position and the background on this issue, the Philippines reiterates its proposal that a meeting be held as soon as possible among the claimant states including China, under the guidance of ASEAN, to resolve the conflicting claims in the WPS based on the rules-based regime of UNCLOS. This proposal for constructive engagement should be acceptable to all.
The Philippines calls on all ASEAN Member States to endorse this proposed claimant states’ meeting, which the Philippines is ready to host. We would also welcome other ASEAN Member States to host this meeting if they would like to unequivocally express their support for and advance a rules-based approach in the region.
The Philippines eagerly awaits ASEAN’s response to this proposed meeting of claimant states.
We have further noted that all of us are eager to move forward on the Code of Conduct to resolve the issues in the West Philippines Sea. The Philippines is ready to accept a Code of Conduct that calls for the primacy of international law, including UNCLOS, in resolving the disputes in the West Philippine Sea. It is ready to accept a Code of Conduct that espouses the concrete and actionable activities to foster cooperation in the West Philippine Sea in the context of international law. And, lastly the Philippines is willing to commit a Code of Conduct that addresses the very core of the issue and that is to define, clarify, and segregate the disputed areas from the non-disputed areas in the West Philippine Sea.
We understand that these elements may require considerable focus to achieve our objective. As I have often expressed ASEAN is at critical juncture of playing a momentous role for the resolution of the disputes in the WPS/SCS. We must now muster the will an ASEAN Community to face these sensitive issues with determination.
As you may appreciate, we believe that this is the only way for all of us to move forward and be able to demonstrate ASEAN’s leadership in the global community.
Thank you. END
