"The trip enhances bilateral ties in the years ahead."
Not unexpectedly, the fifth visit to China of President Rodrigo Duterte last week failed to achieve what Filipinos wanted: for his Chinese counterpart Xi Jinping to recognize the decision of the Permanent Court of Arbitration favoring the Philippines in the territorial dispute in the South China Sea.
Duterte did raise the issue when he met President Xi last week, as he had promised before his trip. But Xi stuck to his guns and reiterated that China stands by its claim of ownership over nearly the entire South China Sea through the “nine-dash line” that it says is based on historical antecedents.
While China rejected outright the arbitral award on the contentious SCS issue, the visit nevertheless had its bright spots.
The two leaders agreed that they would refrain or avoid performing aggressive or provocative acts that trigger untoward incidents in the disputed sealane. They agreed to continue peaceful dialogue, observe international law and the United Nations Convention on the Law of the Sea (Unclos) to maintain regional peace and security.
Duterte and Xi also emphasized that relations should not be anchored on their views on the maritime row but on the centuries-old friendship and the benefits to be gained from cooperation. While they may have divergent positions on the South China Sea issue, their differences need not derail nor diminish the friendship between the two countries, and that the contentious issue is not the sum total of the Philippine-Chinese bilateral relationship.
Both leaders likewise agreed to work together, on the basis of mutual trust and good faith, to manage the South China Sea issue, and to continue to hold peaceful dialogues to resolve the conflict.
What this means in concrete is that there will be no more intrusions by Chinese warships into Philippine territorial waters or sinking of Philippine fishing boats by Chinese vessels.
Duterte also raised the prospect of joint exploration of resources in the West Philippine Sea, an undertaking that officials said could ensure Manila’s energy security.
Xi responded to this by ordering the creation of a steering committee that would prepare a substantive program on the matter. During their bilateral meeting, Duterte also raised the need to finalize the long-delayed Code of Conduct in the South China Sea that would contribute to the resolution of numerous conflicts in the region.
President Xi said the Code of Conduct should be crafted within the last remaining years of Duterte in office. The Association of Southeast Asian Nations (ASEAN) and China have vowed to come up with a binding Code of Conduct in 2020. We hope this target is achieved.
A significant result of the visit is that both countries agreed to “move with a sense of urgency” in pushing for joint development of oil and gas resources in the South China Sea since the Malampaya gas field in Palawan is running dry and would have a negative impact on our energy security.
The Philippines and China signed a memorandum of understanding on cooperation in oil and gas development last November during President Xi’s official visit. The MOU serves as the framework for the proposed joint development of resources in the West Philippine Sea.
The two countries will discuss details as well as the composition of the steering committee and working group that will thresh out ways to implement the MOU.
The implementation of the proposed joint development, however, faces big hurdles, including provisions of the Philippine Constitution and Unclos. But the MOU states that both sides would follow the spirit of the United Nations Charter, Unclos, international law and both sides would proceed without giving up their legal positions on certain issues.
Duterte’s latest visit to Beijing also resulted in the signing of six agreements. Among them are cooperation in the field of higher education from 2019 to 2024; scientific and technological; cooperation and mutual assistance on Customs matters; and project consultancy for the Philippine National Railways South Long Haul Project.
In sum, Duterte’s fifth visit to China further enhances bilateral ties in the years ahead, even as critics insist that the Philippines should still push its legal victory in The Hague in other venues, such as the United Nations General Assembly. And why not?