Probe of PHL’s ‘provisional understanding’ with China on resupply missions sought

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A SCREENGRAB from a video provided by the Philippine military shows the confrontation with what it says were members of the China Coast Guard near Second Thomas Shoal. — ARMED FORCES OF THE PHILIPPINES

SENATOR Ana Theresia N. Hontiveros-Baraquel on Tuesday filed a resolution seeking to conduct a Senate inquiry into Philippines’ provisional understanding with China on routine rotation and resupply (RORE) missions to Ayungin Shoal, pressing for transparency on the agreement and its effectiveness.

Under Senate Resolution No. 589, Ms. Hontiveros raised that aggressions have persisted in the shoal amid the provisional understanding, as well as the differences in narratives between the Department of Foreign Affairs (DFA) and the Department of National Defense (DND) on the existence of the deal.

“The question is, is this agreement working? Because if it is meant to prevent conflict and protect our soldiers, why are they still being harmed while simply doing their job?” Ms. Hontiveros said in a press statement. “The Senate needs to see exactly what was agreed upon, and whether the Philippines is actually benefiting from it.”

Under the resolution, Ms. Hontiveros underscored the lack of full text on the provisional understanding, including annexes, side letters, agreed minutes, and details of the implementing arrangements.

She also cited incidents in the Ayungin Shoal starting June 17, 2024 involving tussles between the Chinese Coast Guard and Philippine vessels.

“These legitimate RORE missions have been consistently subjected to unprovoked aggression, dangerous maneuvers, water-cannoning, and ramming by Chinese Coast Guard and Chinese Maritime Militia vessels, constituting a blatant disregard for international law and human safety,” the resolution read.

DFA Spokesperson for Maritime Affairs Rogelio Villanueva, Jr. said in an Aug. 7 statement that the provisional understanding does not require the Armed Forces of the Philippines to seek permission from China in governing the resupply missions.

Mr. Villanueva added that the deal aims to prevent misunderstanding and miscalculation at sea.

“The DFA will always uphold the country’s sovereign rights in its EEZ (exclusive economic zone) as affirmed by [the] 2016 Arbitral Award,” he said.

The statement was made following retired Senior Associate Justice Antonio T. Carpio’s previous warning that the provisional understanding could undermine the Philippines’ rights under the 2016 South China Sea arbitral award.

The US Department of State on Aug. 11 released a statement reaffirming its support for the Philippines’ rights under the decade-old arbitral award following China’s attempts to enforce its administrative measures on the Scarborough Shoal.

“This is yet another unilateral attempt by China to use dubious environmental and legal pretexts, backed by coercion, to advance its sweeping territorial and maritime claims in the South China Sea at the expense of its neighbors,” US Department of State Spokesperson Thomas Pigott said.

The Chinese Embassy in Manila did not immediately reply to a message seeking comment on the resolution and the US’ statement. — Kaela Patricia B. Gabriel