Quo Vadis (Second of two parts)

Duty of every citizen

The protection of our environment is a duty not only of governments, but of every citizen of this planet. Due to the interconnection of natural ecosystems, an environmental disaster in one area inevitably spills over to other parts of the globe. This is especially true in the rich biodiverse region of the South China Sea.

Even the Philippine Constitution provides that every Filipino, as part of the Philippine State, shall protect the nation’s marine wealth.

China’s crimes against humanity

For our part, on March 13, 2019, former Ombudswoman Conchita Carpio Morales and I – with Justice Antonio Carpio as our counsel – submitted a communication to the Office of the Prosecutor of the International Criminal Court (ICC) to show that Chinese President Xi Jinping, Foreign Minister Wang Yi and former Chinese Ambassador Zhao Jianhua, among others, committed Crimes Against Humanity by, among others, (1) illegally blockading the traditional fishing grounds like the waters around Scarborough Shoal and the Spratlys and (2) causing the near permanent destruction of the marine environment of the South China Sea.

We consider this private sector initiative as our contribution to what should be a global effort to protect the South China Sea and to demand accountability from China.

We are delighted to know that there are now non-governmental organizations and individuals who have made the protection of the South China Sea as their advocacy. We are also heartened to know that, as of now, more than 98,000 individuals have signed an online statement of support for our ICC Case.

Integrated approach

We should continue to explore ways that complement our efforts to protect the South China Sea and demand accountability from China.

The countries bordering the South China Sea are victims of China’s wanton environmental destruction in the Spratlys.

Governments and citizens of these countries can file cases before their own courts, especially against Chinese state-owned enterprises such as China Communications Construction Company which operate in their respective territories and which are linked to the illegal reclamation and island-building in the Spratlys.

For the Philippines alone, the University of the Philippines Marine Science Institute conservatively estimated that we are losing at least $662 million annually from our damaged reef ecosystems due to China’s reclamation activities and illegal fishing operations. This sums up to $4.634 billion since the start of 2014 (around the time China started dredging) until this year. This money can be used to save our fish and rehabilitate the marine ecosystem destroyed by China in our waters.

The countries bordering the South China Sea have the right to seize assets and properties owned by Chinese State in their territory as compensation for the crimes committed by the Chinese State against their people.

Right makes might

We should not allow China to commit the perfect crime: to let China be simply because it is a superpower. To allow a superpower to commit abuses is to magnify such abuses because the superpower realizes that, with its resources and influence, it has no constraints in the world.

If we do not speak out against these abuses, then not only is China to blame but also ourselves. By speaking out against abuses, we show the world that we are enlightened humans who remain guided by morals and reason and not by the law of the jungle.

The author is chair of the ADR Stratbase Institute and former secretary of foreign affairs.