Filipinos in South Korea

ASEAN- China agree to observe guidelines covering Spratlys' disputes

The Association of Southeast Asian Nations (ASEAN) and China on Wednesday agreed on the guidelines on implementing the Declaration of Conduct (DOC) in the South China Sea (West Philippine Sea).

The agreement was clinched during talks among senior officials in Bali, Indonesia for the 44th ASEAN Foreign Ministers Meeting.

“This is an important milestone document on the cooperation among China and ASEAN countries," said China Assistant Foreign Minister Liu Zhenmin after the meeting.

The DOC provides a framework for future deliberations on territorial claims on the islands and ocean space in the South China Sea. It was signed in 2002 during the 8th ASEAN Summit.

The Philippines proposed the adoption of an agreement entitled “Zone of Peace, Freedom, Friendship, and Cooperation in the South China Sea." The agreement would have opposed China’s claims on the Spratly Islands, which they call the Nansha Islands.

In a text message to GMA News, a Philippine official clarified that the proposal was not rejected by the ASEAN.

In its Joint Communiqué, ASEAN noted the proposal with appreciation and added that an ASEAN Senior Officials Meeting (SOM) with maritime legal experts has been called to study the proposal.

In a statement released Wednesday, ASEAN said that it “[welcomes] the offer of the Philippines to host maritime legal experts meeting in 2011, report to the SOM, and make recommendations to the Foreign Ministers prior to the 19th ASEAN Summit."

Next September, legal experts will be sent to the Philippines to study the proposal and suggest an agreement that would differentiate the disputed from the non-disputed areas in the South China Sea.

One of the central issues discussed in the Foreign Ministers Meeting is the dispute over the South China Sea that includes the Spratlys group, which China, Brunei, Malaysia, Taiwan, Vietnam and the Philippines have also claimed wholly or in part as their own.

On Tuesday, Indonesian President Susilo Bambang Yudhoyono urged ASEAN to come up with guidelines to the DOC, adding that “things do not necessarily have to be this slow."

Cebu Queen City of the South declared ASEAN City of Culture

Cebu City, considered as the Philippines’ Queen City of the South, was declared a City of Culture by the Association of Southeast Asian Nations (ASEAN), the Department of Foreign Affairs (DFA) announced on July 20, 2011.

ASEAN Awards the Following Cities for different titles;

1.       Angono in Rizal

2.      Tarlac City

3.      Angeles in Pampanga

4.      Batangas City

5.      Roxas in Capiz

6.      Tagbilaran in Bohol

7.      Cagayan de Oro in Misamis Oriental

8.      Dapitan City in Zamboanga.

9.      Manila

10. Cebu - tenth Philippine city to be awarded the title

“From the historic Magellan's cross planted in the heart of the city, to the city's magnificent hotels, pristine beaches and diving spots, colorful religious and tourist festivals and vibrant industries-you name it, Cebu has it," said Olivia Palala, executive director of the DFA Office of ASEAN Affairs.

The recognition was in line with the country’s distinction as the ASEAN Culture Capital for 2010 and 2011, a project that gives countries the distinction of being a Culture Capital for two straight years.

The news was met with festivities in Cebu last Friday, starting at the Radisson Blu Hotel where Cebuano college students decked in traditional attire of ASEAN member-states and carrying the 10 flags of the ASEAN kicked off a series of events for the day.

The day was highlighted by the unveiling of the “Cebu City as ASEAN City of Culture" marker at the Talamban Family Park where the 12th ASEAN Summit is also located.

Other events included a roundtable discussion featuring the city’s artists and traders and five ASEAN resident ambassadors, a cultural extravaganza, a sampling of Cebu delicacies, a furniture and fabric exhibit at SM Cebu, an evening fashion show at the Rizal Library and a heritage walk around the city.

Cebu will pass on the honor of being the ASEAN Culture Capital to Singapore in January during the city’s annual celebration of the Sinulog Festival.

The ASEAN City of Culture movement began in 2008 and aims to strengthen ASEAN identity and increase the prominence of ASEAN inside and outside the region by celebrating Southeast Asian arts and culture.

Philippines fails to secure official ASEAN support in Spratlys dispute to International Court

ASEAN member like Malaysia; don’t want to resort their claim over the Spratlys to the United Nations because most part of the Spratlys is in the Philippines, besides Malaysia also overlapped their claim to the Philippines Water. One of the bases of Malaysia is the land of Sabah or North Borneo which still the Philippines have the state to regain it back, so Malaysia is not so interested to bring the issue in the higher court.

For Vietnam; they claim all part of the Spratlys including the Philippines water not according to the UNCLOS guidelines so Vietnam will not support the Philippines to raise the issue in the higher court. Besides, Vietnam knows that their claim Spratlys is belong to the Sultanate of Sulu which anytime will regain power under the Philippines so the claim if Vietnam would be invalid if the Sultanate of Sulu will rise again as the Spratlys is belong to the Ancestral Domain of the Royal Sultanate State which deprived with power by the Spain.

For Brunei, they will just back up to the Philippines because they knew that only a little portion of their Spratlys is their claim so before their claim would be affected; China must defeat the Philippines first.

For the Sultanate of Sulu; which is under the Philippines Government; they don’t need to claim as the Philippines Government do it in their behalf if they will rise back into power; the Spratlys is belong to their ancestral domains so the bases of claim for the Philippines would be more strengthen.

Philippines Fails

The Philippines will now be resorting to unilateral measures in order to secure its claim over disputed islands in the South China Sea (West Philippine Sea) in international courts after it failed to secure support from members of the Association of Southeast Asian Nations (ASEAN) in opposing China’s claim over the islands.

Members of ASEAN are in Bali, Indonesia for the 44th ASEAN Foreign Ministers Meeting.

Philippine Foreign Affairs Secretary Albert del Rosario on Tuesday said during the meeting that the region would not be able to move to the proposed adoption of the guidelines of the Declaration of Conduct (DOC) in the South China Sea signed between ASEAN and China because of Beijing’s “9-dash line" map petition before the United Nations Commission on the Limits of the Continental Shelf.

The “9-dash line" or “9-dotted line" map shows a series of nine dashes or dotted lines that form a ring around an area in the South China Sea that includes the Spratlys group, which China, Brunei, Malaysia, Taiwan, Vietnam and the Philippines have also claimed wholly or in part as their own.

“ASEAN should unite and question the definition and the reason for China’s nine-dash line petition," said del Rosario.

On Tuesday, Indonesian President Susilo Bambang Yudhoyono urged ASEAN foreign ministers to hasten the creation of guidelines on the DOC.

“We had an extensive debate because we informed [the ASEAN foreign ministers] that China’s 9-dash line map petition is a game changer to the DOC," he added.

Available legal measures

Del Rosario added that despite China’s refusal to join the Philippines in bringing the issue in front of international courts, legal measures in the United Nations Convention on the Laws of the Seas (UNCLOS) are still available for the Philippines to unilaterally pursue its case.

“I suggested that [the Philippines] go to bring the matter to international courts… and we have to do it alone," the Foreign Affairs chief added.

Indonesia, the current chair of the ASEAN Ministerial Meeting and the ASEAN Regional Forum, said that the bloc will not interfere in the Philippines’ move to go to international courts.

Indonesian foreign minister Marty Natalegawa said measures of ASEAN members to settle disputes in international courts are in “complimentarity and synergy" with the regional bloc’s rules.

“[Going to international courts to settle a claim] is a policy choice that is available to a sovereign country… and [ASEAN members] are not going to bottleneck with that effort," he added.

Del Rosario said that under UNCLOS, there are a “menu of choices" to deal with territorial disputes such as bringing the case to the International Tribunal for the Law of the Sea in Hamburg, Germany or the International Court of Justice in The Hague.

The both-parties rule

The Philippines, however, cannot resort to these courts as China has already objected to being a party to the case — the courts require both parties to participate in territorial disputes.

Del Rosario said the Philippines can resort to the Ad Hoc Arbitration and a “Special Arbitral Tribunal" made for certain kinds of disputes. There, measures do not require submission from China.

ASEAN foreign ministers have already agreed to send their legal experts to the Philippines next September to study the country’s proposal as well as to suggest an agreement that will differentiate the disputed from the non-disputed areas in South China Sea.

The Philippines had proposed the adoption of an agreement entitled “Zone of Peace, Freedom, Friendship, and Cooperation in the South China Sea" that would oppose China’s claims on the Spratlys Islands, which they call the Nansha Islands.

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