Reed Bank, now or never

Government’s resolute action is needed to head off possible Chinese maneuvers to occupy the resource-rich Reed Bank in the West Philippine Sea and the steps are realizable.

Retired Associate Justice Antonio Carpio, who was the point man in the arbitral case that the country won in 2016, said the administration of President Ferdinand Marcos Jr. must settle the Reed Bank issue with urgency.

The Philippine Coast Guard said the dumping of crushed corals at Escoda Shoal, commonly known as Sabina Shoal, might be the precursor to a build-up of Chinese structures.

The shoal is the most immediate maritime feature near the resource-rich Reed Bank.

Carpio said the suspected Chinese effort to create new artificial islands would be a compelling reason for the country with the help of its allies to secure Reed Bank and obtain the resources from it.

“We have to get the gas in Reed Bank because it is a matter of national security and survival,” according to Carpio.

Setting Malaysia and Indonesia as examples, Carpio said countries with territorial disputes with China extracted the resources in their exclusive economic zones (EEZ) with the help of other nations.

“We have an arbitral award and a mutual defense treaty with the US, which is willing to hold joint patrols with the Philippines,” Carpio enumerated the country’s advantages in pursuing its maritime rights.

Reed Bank, he said, would be the litmus test of the government’s determination since the bottom line is “who can get the natural resources in the EEZ.”

“Even if China does not recognize the arbitral award, as long as we get the resources, we win,” Carpio summed up the situation.

He said negotiating with China on a joint development of the area was out of the question.

During the term of President Rodrigo Duterte, a memorandum of understanding (MoU) was signed, which was encouraging even for Carpio.

Under the deal, China would come in as a service contractor through the state-owned China National Offshore Oil Co. for the Reed Bank development.

“I was hopeful that it would finally resolve the dispute in the West Philippine Sea. Under the MoU, China recognized that the oil and gas belonged to the Philippines while CNOOC would help in extracting it by coming in as a service contractor,” Carpio recounted.

He said that at the last minute, however, the Chinese demanded that the phrase “the oil and gas belongs to the Philippines and the service contract will be governed by Philippine laws” be removed from the agreement.

“Of course, that would violate the Constitution and reverse the arbitral award and so then Foreign Secretary Teddy Boy Locsin said ‘I can’t proceed anymore’ and had the MoU terminated,” according to Carpio.

All is not lost, however, as the country can follow the formula of Malaysia and Indonesia which was to send survey and drill ships during joint patrols with the United States “to prevent the China Coast Guard from harassing the local vessels.”

Carpio said the two countries conducted explorations in the areas of dispute with China during military drills with the US and Australia so that apart from issuing warnings, Beijing could not do anything to stop the activities.

The formula is “we go to Reed Bank, send our survey and drill ships but there must be a joint patrol.”

In the case of Malaysia and Indonesia, there were no formal announcements of foreign involvement but the US and Australia announced the conduct of exercises which of course was “orchestrated behind the scenes.”

Carpio said the Philippines could announce to the world the holding of a joint patrol in the contested area because of the mutual defense treaty with the US.

During the time of Duterte, the government refused to allow Philippine ships to go to Reed Bank on the pretext that there would be a massacre or war, which of course was not likely to happen.

In short, the Philippines has been successful in bringing the Chinese incursions to the world’s attention and the time is ripe for more resolute action.