Press Statement by the Republic of the Philippines

Khmer Times
Press and Information Section,
Embassy of the Republic of the Philippines,
Phnom Penh, Kingdom of Cambodia.

Flag of the Republic of Philippines. Supplied

What is the significance of the joint communique of the 49th Asean Foreign Ministers’ Meeting and related meetings in relation to the July 12, ruling of the Arbitral Tribunal?

While there is no direct mention of the Tribunal award in the communique, the essence of this milestone decision is reflected in Paragraph 2:
“2. We reaffirm our shared commitment to maintaining and promoting peace, security and stability in the region, as well as to the peaceful resolution of disputes, including full respect for legal and diplomatic processes, without resorting to the threat or use of force, in accordance with the universally recognized principles of international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS).”

The said paragraph clearly recognizes the approach that the Philippines took in filing the arbitration case. Moving the reference to the principles of “full respect of legal and diplomatic processes” in Paragraph 2 under the heading of “ASEAN Community Building” is a significant decision by Asean because it enshrines the said principle as a core value of Asean community building efforts.

As a core Asean value, it will now govern all activities of the community, including efforts to peacefully resolve disputes in the South China Sea. But more importantly, the phrase “full respect for legal and diplomatic processes” is widely recognized to include arbitration among other legal processes recognized under the UN Charter and the 1982 UNCLOS.

In addition, Paragraphs 174-181 under the heading of the South China Sea reiterate the consensus reached by all the Asean member states during the Asean-US Special Summit in Sunnylands and Asean Foreign Ministers’ Retreat in Vientiane in February, including the Special Asean-China Ministerial Meeting in Kunming in June. This demonstrates Asean’s solidarity and centrality with respect to the South China Sea issue.

Contrary to news reports, the Philippines did not withdraw nor had wavered in its resolve to advance its strong advocacy as guided by the national interest, towards the peaceful resolution of disputes and adherence to the rule of law, and international law, including UNCLOS, to maintain peace and stability in the region.

The Philippines did not oppose the consensus to adopt the joint communique as it satisfied our concern for recognition of our legal approach and to uphold the spirit of Asean solidarity.

These developments, taken together, defined the secretary’s participation and commitment to advance Philippine interests at the meetings in Vientiane. It is a victory not just for the Philippines, but for Asean.