MIRIAM URGES SPRATLYS PROTEST VS. TAIWAN

“The Philippines has good grounds to protest because it is a provocative act for Taiwan officials to visit their newly constructed airstrip on Taiping island in the Spratly chain,” the senator said.
Santiago said that the Taiwan visit to the Spratlys will violate the 2002 China-Asean Declaration on the Conduct of Parties in the South China Sea.

“Even if Taiwan is not a party to this Declaration, it has most likely evolved into regional customary international law, since it was signed six years ago by nine countries: China, Brunei, Cambodia, Indonesia, Malaysia, Myanmar, Philippines, Singapore, and Thailand. As customary international law, the Declaration binds all states in the Asian region, including non-parties,” she said.

Santiago explained that Taiwan was not invited to sign the Declaration, because China claims sovereignty over Taiwan, and China has insisted on a one-China policy in the United Nations.
The Declaration states “that the parties are committed to exploring ways for bringing trust and confidence on the basis of equality and mutual respect.”
The Declaration also commits the parties to “the freedom of navigation in and overflight above the South China Sea, as provided for by international law, including the 1982 UN Convention on the Law of the Sea.”

“The Taiwan airstrip jeopardizes the freedom of overflight above the Spratly chain. It is a provocative act and the Taiwanese visit there will add to the provocation. I hope that the foreign affairs department would be able to bring this controversy to the attention of President-elect Ma Ying-Jeou, before he takes office on May 20,” the senator said.

The Declaration binds the parties to exercise restraint and to hold dialogues and exchange of views between their defense and military officials.

“In our protest note, we should instead recommend that there should be dialogues between the Philippine defense secretary and armed forces chief of staff with their Taiwanese counterparts,” Santiago said.
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