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Phl, Indonesia APPF resolutions on maritime disputes nixed after China objection

Lade Jean Kabagani · Nov 24, 2023, 5:55 PM

Resolutions sponsored by the Philippines and Indonesia on maritime security and settling disputes adopting international laws were rejected at the 31st Asia-Pacific Parliamentary Forum.

Senator Ronald "Bato" Dela Rosa, who chaired the APPF 31 cluster on political and security matters, said China objected to the provisions which urged adherence to international laws through international bodies, such as the United Nations Convention on the Law of the Sea. 

"We are espousing adherence to international law through the international bodies, right? Sila naman, ang gusto nila (On their part, they want) to go back to the traditional ways of settling disputes. That is, an amicable settlement, talking bilaterally na walang pakialam yung mga ibang (without the interference of other) bodies like the United Nations," Dela Rosa said in an interview.

The senator bared that China had reservations about almost all the paragraphs.

"China opposed it. Halos lahat ng paragraph meron silang reservations (They had reservations about nearly all the paragraphs)," he said.

Citing the APPF rules in which a resolution can only be adopted through a consensus, Dela Rosa said China's objection resulted in the rejection of the Philippines and Indonesia's maritime resolutions.

In its draft resolution on strengthening the capacity of parliaments to promote regional peace and stability, the Philippines urged member-parliaments to "support continued adherence to and promotion of the 1982 Manila Declaration on the Peaceful Settlement of Disputes, which, among others, encourages states to make full use of the provisions and procedures provided in Chapter VI of the Charter of the United Nations, and affirms that recourse to judicial settlement of disputes should not be considered an unfriendly act between states."

The country's resolution also urged member parliaments to "support relevant states as they earnestly work toward the early conclusion of an effective and substantive Code of Conduct that is consistent with international law, particularly the 1982 UNCLOS."

Meanwhile, in its draft resolution on enhancing maritime security cooperation in Asia-Pacific, Indonesia emphasized "the need of all APPF Member Parliaments to encourage unwavering commitment from all Asia-Pacific countries to international laws, including adherence to UNCLOS, as well as commitment to expedite negotiations for the South China Sea's COC with the goal of achieving a stable, safe, and prosperous region."

Indonesia likewise called on the APPF member-parliaments to "continue promoting cooperation and constructive dialogue on maritime issues of common interests and shared concerns, ranging from traditional to non-traditional issues in the Southeast Asia region in accordance with international law, including the 1982 UNCLOS, and other relevant international maritime instruments and conventions."

China, a party state to UNCLOS, has rejected the arbitral ruling that its claim of historic rights to nearly the entire South China Sea "has no basis in law and is without legal effect."

The Hague-based decision, constituted under the UNCLOS, also upheld the Philippines' sovereign rights and jurisdiction in its exclusive economic zone in the portion of SCS called the West Philippine Sea.