Study: Maritime disputes affect domestic stakeholders too

MANILA, Philippines — The Philippines's maritime disputes with China and Taiwan over the South China Sea affect domestic stakeholders from the government and from the private sector, according to a study.

According to "Domestic Stakeholders in Philippine Maritime Disputes: Impact and Influence on Foreign Policy" that University of the Philippines Asian Center Professor Aileen Baviera presented in a public lecture last Friday, maritime disputes in the South China Sea or West Philippines Sea occupy a central role in the Philippines's foreign policy as it shapes the definition of "national interest."

The disputes animate the country's diplomacy with big powers such as the Association of Southeast Asian Nations, countries in East Asia and the United Nations.

"Our policies and positions are expressions of our values and identity perceived by others," Baviera said.

Domestic stakeholders in government, private sector

Baviera's study showed that the main stakeholders of the maritime disputes include the national and local governments, the energy sector, the fisheries sector, trade and investment and tourism. Civil society stakeholders include Chinese-Filipinos, epistemic communities and public opinion.

Since maritime and territorial disputes are treated as a legal and diplomatic issue, the defense, security and law enforcement sector shifts its focus to seeking legal clarity (baselines, United Nations Convention of the Law of the Sea, arbitration) and creating regional cooperation pacts such as the Declaration on the Conduct of Parties in the South China Sea (DOC).

The study also noted that the nature of the disputes and conflict and the presence of "grey zones" where rules of engagements are unclear has changed the security landscape.

The Armed Forces of the Philippines, for example, shifted its focus from international security operations to territorial defense. Baviera said that foreign policy positions constrain rather than enable defense or law enforcement operations.

An example is when DOC requires the Philippine Navy or Coast Guard to observe maximum tolerance with Chinese fishermen who enter the country's exclusive economic zone due.

For local government stakeholders, there exists contradictory national-provincial-municipal role expectations, which lead to incoherence. Baviera cited the Bajo Masinloc or Scarborough Shoal as an example.

"Does the mayor have real authority? Who 'owns' Bajo de Masinloc? Is there a role for provincial government?" Baviera said.

The professor noted that the local government unit has an advantage as it has access to information and can quickly address crises on the ground as opposed to the slow response of the national government.

"The national government, including foreign policy decision-makers, should listen to voices of local stakeholders who are asked to carry burdens for national sovereignty. Local governments are a vital link in this process," Baviera said.

The sea dispute has also affected the fisheries sector due to inadequate data on fishing operations. The sea is seen by fisherfolk as common heritage despite national jurisdictions.

The 2012 Bajo de Masinloc standoff resulted in a backlash against fishers. Government action disrupted the harmonious relations among fishers of different nationalities. There is no certainty if arbitration or diplomacy can fix this. It is a challenge for the government to restore or normalize fishing activities in the area and free it from threat and confrontation.

Baviera suggested that there is a need to fasttrack the modernization and capability building of defense and law enforcement agencies to clarify their respective roles and cooperation strategies for operations within the country's exclusive economic zone.

The study also noted that there is a need to address the lack of accurate scientific data on living and non-living resources that can be used as bases for future development planning.

Baviera concluded that maritime dispute settlement objectives should be re-oriented to address stakeholder needs. This involves not just sovereignty and territorial integrity but also development diplomacy.