Before this code of conduct was created, sixty four souls were taken by PRC leaders who believes that all territorial claims can be solved by means of deception, force, and threats. This event which I am referring to was known as The Jhonson South Reef Massacred which happened on March 14, 1988.
The footage below shows how Chinese navy fired their powerful machine gun to a defenseless Vietnamese soldiers while encircling their flag to support and defend their sovereignty.
All warfare is based on deception ~ Sun Tzu
To maintain peace and stability over the disputed waters the ASEAN leaders agreed and signed a declaration on the conduct of parties in the south China Sea and China is among the signatories of this code of conduct.
But China took advantages of this agreement and deceived all claimants, after demilitarisation of all disputed parts of South China Sea, they erected structures and make artificial island in Jhonson South (Mabini) reef. The Philippine has speculated that this artificial island will be used by PRC as an airstrip for their military base.
China again used their deception tactics by altering the nature of (Mabini reef's) land feature so that the status quo is being changed and trying to redefine the reef as an island in order to bolster its claims of sovereignty over surrounding waters.
Under the terms of the UN Convention of the Law of the Seas (UNCLOS), a feature that is defined as an island contains a 200 nautical mile exclusive economic zone (EEZ). Thus, a state possessing sovereignty over an island can claim the EEZ it generates. By contrast smaller features like a reef or rocks do not have EEZ, according to UNCLOS.
These actions are considered destabilizing and in violation of the Declaration on the Conduct of Parties in the South China Sea (DOC) and international law.
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| China Soldier Guarding The Reclamation Area done in disputed part (Mabini Reef) of West Philippine Sea. |
Because Mabini reef is a part of Kalayaan Island located west of Palawan and it is situated in the West Philippine Sea, a Filipino living on this island are at stake once the reclamation on the Jhonson reef turn into a complete military base.
Asia Pacific Stability and Peace can be easily attained if all leaders of the nation involved in the disputed part of South China sea will talk and honor their words for peace and welfare of humanity. The Great Architect Of The Universe created the South China Sea not for China to own but for all his creatures to enjoy.
We as a civilized Asian nations should respect each others right and follow the Declaration on the Conduct of parties in the South China sea and international rules. Because all Laws made by higher authority are ordained by God.
Therefore he that resisteth the power, withstandeth the ordinance of God: and they that withstand shall receive to themselves judgment. Practicing the Golden Rule is not a sacrifice; it is an investment for us to attain peace and stability. But if whoever has the gold makes all the rules it may lead to war and find himself at the end lost and ashamed.
DECLARATION ON THE CONDUCT OF PARTIES IN THE SOUTH CHINA SEA
The Governments of the Member States of ASEAN and the Government of the People's Republic of China,
REAFFIRMING their determination to consolidate and develop the friendship and cooperation existing between their people and governments with the view to promoting a 21st century-oriented partnership of good neighbourliness and mutual trust;
COGNIZANT of the need to promote a peaceful, friendly and harmonious environment in the South China Sea between ASEAN and China for the enhancement of peace, stability, economic growth and prosperity in the region;
COMMITTED to enhancing the principles and objectives of the 1997 Joint Statement of the Meeting of the Heads of State/Government of the Member States of ASEAN and President of the People's Republic of China;
DESIRING to enhance favourable conditions for a peaceful and durable solution of differences and disputes among countries concerned;
HEREBY DECLARE the following:
1. The Parties reaffirm their commitment to the purposes and principles of the Charter of the United Nations, the 1982 UN Convention on the Law of the Sea, the Treaty of Amity and Cooperation in Southeast Asia, the Five Principles of Peaceful Coexistence, and other universally recognized principles of international law which shall serve as the basic norms governing state-to-state relations;
2. The Parties are committed to exploring ways for building trust and confidence in accordance with the above-mentioned principles and on the basis of equality and mutual respect;
3. The Parties reaffirm their respect for and commitment to the freedom of navigation in and overflight above the South China Sea as provided for by the universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;
4. The Parties concerned undertake to resolve their territorial and jurisdictional disputes by peaceful means, without resorting to the threat or use of force, through friendly consultations and negotiations by sovereign states directly concerned, in accordance with universally recognized principles of international law, including the 1982 UN Convention on the Law of the Sea;
5. The Parties undertake to exercise self-restraint in the conduct of activities that would complicate or escalate disputes and affect peace and stability including, among others, refraining from action of inhabiting on the presently uninhabited islands, reefs, shoals, cays, and other features and to handle their differences in a constructive manner.
Pending the peaceful settlement of territorial and jurisdictional disputes, the Parties concerned undertake to intensify efforts to seek ways, in the spirit of cooperation and understanding, to build trust and confidence between and among them, including:
a. holding dialogues and exchange of views as appropriate between their defense and military officials;
b. ensuring just and humane treatment of all persons who are either in danger or in distress;
c. notifying, on a voluntary basis, other Parties concerned of any impending joint/combined military exercise; and
d. exchanging, on a voluntary basis, relevant information.
6. Pending a comprehensive and durable settlement of the disputes, the Parties concerned may explore or undertake cooperative activities. These may include the following:
a. marine environmental protection;
b. marine scientific research;
c. safety of navigation and communication at sea;
d. search and rescue operation; and
e. combating transnational crime, including but not limited to trafficking in illicit drugs, piracy and armed robbery at sea, and illegal traffic in arms.
The modalities, scope and locations, in respect of bilateral and multilateral cooperation should be agreed upon by the Parties concerned prior to their actual implementation.
7. The Parties concerned stand ready to continue their consultations and dialogues concerning relevant issues, through modalities to be agreed by them, including regular consultations on the observance of this Declaration, for the purpose of promoting good neighbourliness and transparency, establishing harmony, mutual understanding and cooperation, and facilitating peaceful resolution of disputes among them;
8. The Parties undertake to respect the provisions of this Declaration and take actions consistent therewith;
9. The Parties encourage other countries to respect the principles contained in this Declaration;
10. The Parties concerned reaffirm that the adoption of a code of conduct in the South China Sea would further promote peace and stability in the region and agree to work, on the basis of consensus, towards the eventual attainment of this objective.
Done on the Fourth Day of November in the Year Two Thousand and Two in Phnom Penh, the Kingdom of Cambodia.
Related stories:
Justice Carpio debunks China’s historical claim
China reclamation violates Asean code, says DND
Why China military base in West PH Sea is a 'game- changer'
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