Yesterday, as part of a reaction story I was asked to write for South China Morning Post, I asked Communist Party of the Philippines founding chair Jose Maria Sison for his reaction to the ruling.
Here is what he gave me.
I was able to use a small portion of it. So I thought I would post his entire statement. – raissa
Joma Sison welcomes and is elated by the South China Sea arbitration court ruling
By Prof. Jose Maria Sison
Founding Chairman, Communist Party of the Philippines
NDFP Chief Political Consultant
Chairperson, International League pf Peoples’ Struggle
July 12, 20i6
I welcome and I am elated by the ruling of the Permanent Court of Arbitration (Arbitral Tribunal of the ITLOS) today on the case of the Philippines against the People’s Republic of China in favor of the Philippines.. I congratulate the Philippines and the Filipino for their resounding victory.
The Tribunal upholds the sovereign rights or entitlement of the Philippines over its exclusive economic zone and extended continental shelf under the UN Convention on the Law of the Sea, invalidates China’s nine-dash claim of false historic rights over 90 per cent of the South China Sea.
It holds China culpable for having violated the sovereign rights of the Philippines, unjustly attacking or hindering Filipino fishermen, preventing Philippine oil exploration and other economic activities, damaging marine life and environment by unlawfully building artificial islands and endangering navigation.
All countries, especially China, should respect the final and binding decision of the Tribunal. The arrogant claims of China over almost the entire South China Sea have no leg to stand on. China must accept the ruling in the face of the international community, especially the signatories of the UNCLOS, the majority members of the UN General Assembly, the ASEAN and other neighboriung countries.
China will certainly face reputational damage by continuing to violate international law. It cannot boast of its supposed economic and military power to ignore or violently oppose the judgment of the Tribunal. This is a time of serious economic and social troubles for China domestically because of its own crisis of overproduction and extreme abuse of credit and public debt and because of the ever worsening crisis of the global capitalist system. More powerful capitalist countries are not on the side of China on the issue of Philippine rights under UNCLOS.
It is best for China to come to terms with the Philippines and other ASEAN countries, respond positively to the call of President Duterte for appropriate bilateral negotiations and counter the scheme of the US to pretend being the protector of the Philippines and yet dominating, occupying Philippine territory with the use of military bases, oppressing and exploiting the entire Filipino people.
The Tribunal concludes in its Award or ruling that there is no legal basis for China to claim historic rights to resources within the sea areas falling within the so-called ‘nine-dash line’. It explains that the Convention comprehensively allocates rights to maritime areas and that protections for pre-existing rights to resources were considered, but not adopted in the Convention.
Accordingly, the Tribunal rules that, to the extent China had historic rights to resources in the waters of the South China Sea, such rights were extinguished to the extent that they were incompatible with the exclusive economic zones provided for in the Convention.
The Tribunal notes that although Chinese navigators and fishermen, as well as those of other States, had historically made use of the maritime features or elevations (shoals, reefs, islets and the like) in the South China Sea, there was no evidence that China had historically exercised exclusive control over the waters or their resources.
The Tribunal concludes that transient use of said maritime features does not constitute inhabitation by a stable community and that all of the historical economic activity had been extractive. Accordingly, the Tribunal rules that none of the Spratly Islands is capable of generating extended maritime zones.
The Tribunal rules that that none of the features claimed by China was capable of generating an exclusive economic zone and that it can—without delimiting a boundary—declare that certain sea areas are within the exclusive economic zone of the Philippines, because those areas are not overlapped by any possible entitlement of China.
The Tribunal finds China as having encroached on the exclusive economic zone of the Philippines and that China has violated the Philippines’ sovereign rights in its exclusive economic zone by (a) interfering with Philippine fishing and petroleum exploration, (b) constructing artificial islands and (c) failing to prevent Chinese fishermen from fishing in the zone.
The Tribunal also recognizes that fishermen from the Philippines (like those from China) has traditional fishing rights at Scarborough Shoal and that China has interfered with these rights in restricting access. The Tribunal further holds that Chinese law enforcement vessels had unlawfully created a serious risk of collision when they physically obstructed Philippine vessels.
The Tribunal takes China to task by damaging the marine environment with China’s recent large-scale land reclamation and construction of artificial islands at seven features in the Spratly Islands. It finds that China has caused severe harm to the coral reef environment and violated its obligation to preserve and protect fragile ecosystems and the habitat of depleted, threatened, or endangered species.
The Tribunal also finds that Chinese authorities are aware of Chinese fishermen having harvested endangered sea turtles, coral, and giant clams on a substantial scale in the South China Sea (using methods that inflict severe damage on the coral reef environment) and having failed to fulfill their obligations to stop such activities.
The Tribunal rules that China’s recent large-scale land reclamation and construction of artificial islands are incompatible with the obligations on a State during dispute resolution proceedings and castigates China for inflicting irreparable harm to the marine environment by building a large artificial island in the Philippines’ exclusive economic zone, and destroying evidence of the natural condition of features in the South China Sea that formed part of the Parties’ dispute. ###
Duterte wants FVR as special envoy to China
“Ramos, in an ambush interview after Duterte’s speech, said the president may only have been joking.
“I think he just made that in jest because I’m busy writing my legacy for you young people and China is only one of my areas of interest,” he said.
“I have not seen the offer. I was out of range when he said it,” Ramos added.
Campaign hang over?
Time for Filipinos to assess DU30, serious or still on his joking episodes?
Nasaan nah ang pa jet ski ni digong?
Tumatawa lang naman ang mga chino.
Chinese vessel blocks Pinoy fishermen in Scarborough Shoal, even after an international court backed the maritime case filed by the Philippines against china
An ABS-CBN News team joined Filipino fishermen in their attempt to enter the area but were blocked by chinese vessel, Chiara Zambrano said.
They were met by a chinese fishing vessel, which followed them and stopped them from entering the area around Scarborough Shoal. Fishermen also noticed another chinese fishing vessel blocked the entrance of Bajo de Masinloc, one of the traditional fishing grounds of Filipinos living near the area.
Aside from the two chinese vessels, the group also sighted four more vessels in the area. Because they were not allowed to enter Scarborough Shoal, the Filipino fishermen decided to just fish outside the area. However, two speed boats circled around the fishermen as they were fishing. The chinese coast guard also used megaphones to tell the Filipinos to leave the area, saying “this is china coast guard. This is a law enforcement operation. We order you to leave the area immediately.” Zembrano narrated.
Scarborough Shoal is around 16 hours from Masinloc town in Zambales. Because of the incident, the fishermen were only able to get a small amount, enough only for a night’s meal.
ANC pn now
SC Carpio said that there cannot be joint exploration with any country within our eez because it is unconstitutional.
West Philippines Sea refers to the body of water inside Phil jurisdiction.
Spratlys should be left alone for at least hundred years for the marine life regrowth.
Joe America says
When the SC gets repacked, any ruling might be re-visited and we would discover that Associate Justice Carpio is only one lonely vote.
Let us all hope then that not all 11 new justices are will be working for china or PD only,, maybe just one.
even SC Carpio will be resigning 3 years from now. 2019
how many schoolmates of PD are now judges?
jbc veted them each applicant. Last say/choose by PD.
In another news usecJacinto said will propose to lease islands busuanga palawan to rich countries or,personalities to become business hubs, Phil will then have rental fees. Free 5 year lease while they are building, lease minimum 50/100 years. Is there not something wrong here?
I only wonder what countries will be allowed to lease. And what businesses are allowed to prosper.
China do not have to stay on those islands, they can come right in with their feasibilities, promises, offers and lastly their yuan.
But US bases, no?
This deals with your topic rent-society.
U.S. bases no way Jose.
REACTIONS FROM THE 2 SUPERPOWERS:
Beijing: “China should brace itself for worst-case scenario including “potential military collisions after a Hague-based arbitral tribunal ruled in favor of the Philippines on the West Philippine Sea (South China Sea) row, a chinese newspaper said Wednesday.
“China Daily, the only national English paper in china, believes the tribunal’s decision “is guaranteed to escalate tense exchanges” and would surely be used by Washington to vilify Beijing.” http://bit.ly/29CNH5q
Washington: a former commander of US forces in the Pacific says the US should be willing to use military force to oppose chinese aggression at a disputed reef off the coast of the Philippines.
Dennis Blair has made the recommendation to a Senate panel in Washington, a day after an international tribunal invalidated the legal basis of beijing’s expansive claims in the South China Sea
Blair says the objective is not to pick a fight with china at the disputed Scarborough Shoal, but to set a limit on its military coercion. (Philstar 7/14/16)
Military collisions after the UN Court decided?
Is Pres. Xi of China indestructible?
Remember this quotes when Prime Minister Churchill was telling Joseph Stalin this:
. . . ” It was for the freedom and independence of Poland that Britain went into this war. The British feel a sense of moral responsibility to the Polish people, to their spiritual values. It’s also important that Poland is a Catholic country. We can’t allow internal developments there to complicate our relations with the Vatican…”
Stalin answered: “How many divisions does the Pope of Rome have?” Stalin asked, suddenly interrupting Churchill’s line of reasoning.” Once again, Stalin reaffirmed that he only respected force, and brought Churchill back down to earth from the nebulous heavens.
Pres. Xi might also retort to Pres. Duterte: How many divisions does the PHL AFP have?
Compare to China’s military divisions, PHL actually does not have 1 or 2 against China. But Stalin is now long gone dead. And still Catholic Church have had and until now more ‘popes.’ No divisions.
Thanks Pres. Nonoy Aquino III. . . we do not have military divisions as that of China. If we did, what would China have thought before intruding to PHL territories in that disputed sea area?
Once again, Stalin reaffirmed that he only respected force, and brought Churchill back down to earth from the nebulous heavens.
[ sorry – too many div here at Internet ]
Vhin AB says
Churchill, with his country’s conviction won the war against Hitler and Germany, of course, with help of the Allied forces.
The islands are not habited by people. It is more of the protection of freedom of navigation. In short, buiness as usual, with more or less $5T passing that shipping lane. War is real but not for now. And China cannot do anything about the UN Court’s decision. China wants those islands more on for future power projection and not about its natural resources. They need it to control the western pacific area to check Japan and the US. But it wont happen. Ang tanong: Saan pupulutin ang Pilipinas?
Chinese netizens have reacted angrily to the tribunal ruling, vowing to boycott Philippine imports such as mangoes and bananas and cancel holiday plans to the Philippines.
Some also urged the government to impose economic sanctions on the Philippines as a form of retaliation, to show the might of china’s 1.4 billion population. Many celebrities, including actress Fan Bingbing, also turned to social media to oppose the ruling. They reposted a poster from the People’s Daily, with a map of china and the “nine-dash line” that covers most of the south china sea, proclaiming that “this is china, not one bit less”
Aside from the growing “Chexit” movement, we must also start a movement boycotting all chinese products soonest
Johnny Lin says
It behooves why people give importance to Joma. He is on exile. His followers have turned to plain thieves, extortionists and bandits without idealism. His influence has dissipated because they see in him a leader enjoying abroad the good life of Westerners while they hide in the mountains pretending to be relevant rebels. Thus they followed their leader to enjoy life thru criminal activities earning money to give to their families to taste what Joma and his family enjoys in Netherlands. In the provinces, this is the sentiment of those followers and assessment of affected towns. This is a fact! discover for yourself by going to remote areas.
Look at those party list representatives. They are enjoying their lifestyles keeping themselves looking poor but they don’t live in poverty.
Best approach to Joma is ignore him and he will fade into obscurity. China is one of his piggy banks for luxurious lifestyle in a foreign country.
Problem with China remains the same. Victory is on paper. Are they going to surrender? I don’t think so! They may negotiate but it will take years before China will relinquish some portions of authority in the islands.
And the Philippines can’t do anything about it except to negotiate.
In the end, result would be the same.
time was wasted by Aquino administration pursuing the case thru International Arbitration while China was busy building structures in the islands, instead of sitting down immediately with China for negotiated settlement for cooperative economic development, which, predictably, will be the final agreement of all concerns from the court decision. Imagine if Philippines has started oil exploration with the Chinese few years ago, if only Aquino pursued this cooperative venue? Maybe many OFWs will be working now in Spratlys instead of toiling in the arid desert of Middle East away from their families. Maybe?
hollow victory is indeed victory, yet in Reality it’s a piece of toothless paper not recognized by China. It gives the Philippines some form of leverage to economic partnership settlement. How great is unpredictable? End game is not different.
Again, What Now!
I’m not Chinese just a practical Filipino
He he he!
Just read today that China is willing to negotiate?
What will they negotiate for? I hope its not of another ZTE kind of thing
One of the best supports that the Philippines could have is a consensus from ASEAN. However, ASEAN may not arrive at a consensus of support because two states are pro China (Laos and Myanmar, I think).
Only individual support is heard, such as Vietnam’s.
And now, Taiwan is against the ruling of the PCA.
ASEAN has been as useful as toenail clippings. Even Vietnam is essentially a fence sitter. Understanably so because of proximity and bad blood going back centuries.
I say bilateral talks. The timing is perfect. China is in a fishbowl and its behavior being parsed by all. But we must send our best people. Seasoned negotiators. Astute, assertive when needed, culturally adept and guileful when the need arises. Not orators.
Correction – Cambodia, not Myanmar.
Sison is hardly the authority on how much the UNCLOS ruling affects China policy and strategy with regards to its territorial claims and control over the area covered by their 9 Dash line. His understanding of a former supporter and supplier of arms and ideology dates back at least twenty years at a time when China was becoming significantly capitalistic, industrialized and very reliant on international trade. It has since morphed internally into an economc giant and its primary focus is supplying the demand poof its 1.3 billion people and less its international reputation iyn order to facilitate export growth or overseas revolutions.
The present head of the Politburo, President Xi, has risen and consoidated power on a platform espousing a stronger military which he has expanded and strengthened ioand a declared need assert and defend China’s territorial sovereignty. Undeniably, the ruling and continued pursuit of historical claims inspite of it will exact a cost to their international reputation. Whether this cost will alter China’s behavior is debatable because thts has to be weighed against the loss of face and support the hardiners and Presient Xi may suffer from backing off their current direction.
Sison is hardly the authority on how much the UNCLOS ruling affects China policy and strategy with regards to its territorial claims and control over the area covered by their 9 Dash line. His understanding of a former supporter and supplier of arms and ideology dates back at least twenty years at a time when China was becoming significantly capitalistic, industrialized and very reliant on international trade. It has since morphed internally into an economc giant and its primary focus is supplying the demand of its 1.3 billion people and less its international reputation in order to facilitate export growth or overseas revolutions.
The present head of the Politburo, President Xi, has risen and consoidated power on a platform espousing a stronger military which he has expanded and strengthened and a declared need assert and defend China’s territorial sovereignty. Undeniably, the ruling and continued pursuit of historical claims inspite of it will exact a cost to their international reputation. Whether this cost will alter China’s behavior is debatable because thts has to be weighed against the loss of face and support the hardiners and Presient Xi may suffer from backing off their current direction.
All are puppets of the long nose! says
On the contrary, actually, if China caves in to the “arbitration” that considers the island of Taiping as a piece of rock, China’s reputation and dignity as a sovereign state will be damaged.
Full txt of Pres. Benigno Aquino III welcoming the The Hague ruling.
gma news july 12, 2016 7:29pm
i would rather read Pres. Noy full statement than jomas. sori.
“At this point, may I suggest that instead of viewing this decision as a victory of one party over another, the best way to look at this judgement is that it is a victory for all. I say this because the clarity rendered now establishes better conditions that enables countries to engage each other, bearing in mind their duties and rights within a context that espouses equality and amity.”
other countries have already made their statements regarding the tribunal ruling. How come none yet from PDuterte himself. Except the yasay which comes out as reading a funereal litany. No hint of jubilation at all even secretly.
Don’t they know that the ruling will fall on their lap be it positive or negative? Or were they surprised that the ruling was favorable to the Philippines? May i remind everyone that even before the ruling and during the campaign, we were already kind of condition to the news that scarborough was lost. And the way to claim any island is for him to jetski to scarborough or was it spratly for him tp plant the Phil. Flag. And now?, PMayor, not even a peep. Needs a week to announce such speech? Seriously?
The govt needs a week , rather more than a week to think what to do or say for the giant became more aggressive and angrier than before and some allies are sympathetic for the loss , acting and speaking for China, as well.
Netty, that may be. Pero gasino na man lang na i acknowledge nya ang favorable ruling para sa bayan natin. Pasalamatan ang katatagan ng PNoy admin sa pagsampa ng kado at sa patuloy ng pag usad ng nasabing kaso. Mga matatalinong abugado, miyembro ng delegates na nagsampa ng kaso. There is no need to detail what he will do after the said fact. I mean, makipagbunyi man lang ba sa atin. Or is it na nabigla sila kc hindi na sya sakay ng jetski in guise of claiming the island. We do not need a hero hahaha.
Ay netty, bisita ka kay joeam.com may magandang spekulasyon doon, a little bit hair-raising.
sana, someone will bring a Kawasaki jetski to digong and say, mahal na pangulo, here’s your jetski, ready when you area, sir!
naalala ko tuloy ang term ni @leona, “utot mo!”
ako man, hindi ako basta maniniwala sa mga sinasabi ni joma.
nagpapa-epal na lang iyan.
tsaka pansinin mo ang napakalaking deperensya sa statement ni PNoy sa statement in joma… ga milya ang kay joma. samantalang kay PNoy, maikli pero mataimtim, mula sa puso at walang pa epal.
yeah, i did read din naman kay joma. nasuya lang ako hehehe.
kay PNoy walang paninisisi, walang taunting, walang bashing, walang specifics ng mga dapat gawin after the fact. kasi hindi siya paepal.
malabo yan kc hindi na gagamitin ni PD ang jetski, hindi na niya need magpakamatay. wala ng iiyak kasi naubos na luha para sa at ng mga pamilya ng mga bolina, dilis at alamang.
sa boracay or sa samal island na lang mag jetski.
. . . delikado mag Jetski sa dagat na yan. . . baka may ‘1-inch’ submerged na BATO ! . . . di mo makikita si Pres. Dutz sa tubig – NAN DOON sa TAAS lumilipad !
ha ha ha
gil garcia says
No hint of jubilation because they know that their peddled lies about Scarborough Shoal being lost by PNoy to the chinese is totally disproved by the ruling. They have no more cussing face to show to their believers.
Reputation? Acht. It was gone long, long ago.
No way is Joma going to fool us again. It shouldn’t be forgotten that CPP and its various fronts were more furious against us imperialism than chinese bullying tactics. When beijing’s belligerence was peaking a few years ago, the makabayans were holding demos at the US embassy to denounce its pivot to Asia while angry Filipinos were justly protesting the Chinese provocations and incremental occupation of our island territories. The maoist groups toned down their single-track attack on the Americans and tried in vain to depict the edca treaty as equally to blame as the chinese intrusions in creating the west philippine sea tensions. Thinking their duplicity will not be uncovered, the maoist groups co-opted the national response to the tribunal verdict by staging a so-called protest rally at the sino embassy. Joma is as usual playing his mischievous self trying to sidetrack accusations that his ultra-left party is collaborating with the fascist Duterte regime to stave off its impending and final demise.
the teacher and the student….remember?