Category: Taiwan

China takes the offensive

Ellen


It was short and clear. And combative.

In 10 paragraphs, Chinese Ambassador Huang Xilian made known last Sunday, April 16, his government’s anger over the decision of President Ferdinand Marcos Jr. allowing the United States military to preposition and store defense equipment, supplies and materiel in sites “only a stone’s throw away from Taiwan.”

He warned what China, which boasts of the strongest military in Asia and third in the world, might and can do: “… we will not renounce the use of force, and we reserve the option of taking all necessary measures.”

He laid out to the Marcos government how it could be affected adversely in case armed hostilities erupt in Taiwan, where over 150,000 Filipinos work, and what it should do to help prevent that situation from happening: “The Philippines is advised to unequivocally oppose ’Taiwan independence’ rather than stoking the fire by offering the U.S. access to the military bases near the Taiwan Strait if you care genuinely about the 150,000 OFWs.”

Two weeks earlier, when the pre-dominantly Catholic Filipinos were starting their observance of the week-long Holy Week retreat, the government released the location of the additional four EDCA sites: Lal-lo Airport in Cagayan; Camilo Osias Naval Base in Santa Ana, Cagayan; Camp Melchor dela Cruz in Gamu, Isabela; and Balabac Island in Palawan.

EDCA stands for Enhanced Cooperation Agreement between the Philippines and the United States signed in 2014 which established “agreed locations” in the country where the United States Armed Forces can have access on a rotational basis.

Under EDCA, “the Philippines authorizes the United States forces, United States contractors and vehicles, vessels and aircraft operated by or for United States forces may conduct the following activities with respect to Agreed Locations: training, transit, support and related activities; refueling of aircraft, bunkering of vessels; temporary maintenance of vehicles, vessels and aircraft; temporary accommodation of personnel; communications; prepositioning of equipment, supplies, materiel; deploying forces and materiel and such other activities as the Parties may agree.”

The four new sites bring to nine the EDCA sites in the country. The five earlier agreed locations are Cesar Basa Air Base in Pampanga, Fort Magsaysay Military Reservation in Nueva Ecija, Lumbia Air Base in Cagayan de Oro, Antonio Bautista Air Base in Puerto Prinsesa and Mactan Benito Ebuen Air Base in Cebu.

The two sites that are driving China up the wall are Lal-lo Airport in Cagayan, which is 590 kilometers to Taiwan, and Camilo Osias Naval Base in Santa Ana, Cagayan, which is 623 km to Taiwan.

The ambassador explained: “Obviously, the U.S. intends to take advantage of the new EDCA sites to interfere in the situation across the Taiwan Strait to serve its geopolitical goals, and advance its anti-China agenda at the expense of peace and development of the Philippines and the region at large. Many Filipino politicians and ordinary Filipino people are questioning whether opening new bases will serve the national interests of the Philippines. ’Why are the new EDCA sites only a stone’s throw away from Taiwan?’ ‘How will the Philippines effectively control the prepositioned weapons in the military bases?’ ‘Why will the Philippines fight for another country through the new EDCA sites?’ These are soul-searching questions of the Philippine people and also doubt by people in China and across the region.”

That’s when he raised the worrisome possibility: “But we will not renounce the use of force, and we reserve the option of taking all necessary measures. This is to guard against external interference and all separatist activities. The Philippines is advised to unequivocally oppose ’Taiwan independence’ rather than stoking the fire by offering the U.S. access to the military bases near the Taiwan Strait if you care genuinely about the 150,000 OFWs.”

On April 10, Marcos said he will not allow the EDCA sites to be used in any offensive attack. He added in Filipino, “If no one attacks us, they don’t need to worry because we won’t fight them.”

Taiwan is one of China’s core issues. Since 1949 when the then Mao Tse Tung-led Communist Party of China took over the mainland after more than two decades of civil war and pushed the Chiang Kai shek-led Nationalist Party of China to Taiwan – an island about 100 miles away – the Beijing government has made the One-China Policy a pre-requisite in its relations with other countries.

Under the One-China Policy, which the Philippines, the U.S. and more than 180 countries have adopted, the Beijing-based People’s Republic of China is the legitimate government of China and Taiwan is a province of China.

For many years, the world has seen peace under a delicate situation of “no unification, no independence, and no use of force” policy. In recent years, however, Beijing finds Taiwan under President Tsai Ing-wen leaning more towards independence.
Two years ago, I asked a Chinese journalist about the possibility of an armed confrontation over Taiwan, he said, “Not in our lifetime.”
Last month, I asked him the same question. His answer: “I’m not sure anymore.”

Water source crucial in determining status of Itu Aba (1)

Ellen

Itu Aba. Photo by AMTI.CSIS.org

Itu Aba. Photo by AMTI.CSIS.org


Is the water coming from the grounds of Itu Aba (Chinese name: Taiping; Philippine name: Ligaw) suitable for drinking?
The answer to this question is crucial in determining whether Itu Aba is an island or a rock.

The determination of Itu Aba’s feature- whether a rock or an island- is important in establishing the extent of the Philippine’s territory and coverage of its sovereignty.

Itu Aba, occupied by Taiwan, is the biggest feature in the Spratlys in South China Sea which is being claimed wholly by China and Taiwan and partly by Philippines, Vietnam, Malaysia and Brunei.

The United Nations Convention on the Law of the Sea or UNCLOS defines an island as “a naturally formed area of land, surrounded by water, which is above water at high tide.”

An island is entitled to maritime regimes similar to a land territory: territorial sea (12 nautical miles from the baseline), contiguous zone (24 nm), economic exclusive zone (200 nm), continental shelf (200 nm) and extended continental shelf (350nm).
On the other hand, “rocks which cannot sustain human habitation or economic life of their own shall have no exclusive economic zone or continental shelf,” according to UNCLOS.

The issue of whether Itu Aba is a rock or an island has again come to the fore with the visit of Taiwan’s outgoing President Ma Ying-jeou there last Jan. 28.

In his speech addressing the troops stationed in Itu Aba, Ma voiced his resentment that Taiwan had been ignored in the arbitration case filed by the Philippines against China before the U.N Arbitral Tribunal when Itu Aba was included among the Spratlys features being contested.

Ma said:“The Philippines sought arbitration with the Permanent Court of Arbitration in 2013 concerning competing claims with mainland China vis-à-vis the South China Sea. This arbitration is of particular importance to our country, yet we have not been invited to participate, nor has our opinion on the matter been sought. “

Foreign Affairs officials explained that the Philippines has no diplomatic relations with Taiwan because it adheres to the One China policy, which recognizes the Beijing government as representative to the Chinese people. The People’s Republic of China considers Taiwan as its province. The Philippines’ relations with the Republic of China (Taiwan), robust as it is, is limited to “people to people.” Political exchanges with Taiwan are banned under the One- China policy.

Moreover, Taiwan is not a member of the United Nations.

In his speech, Ma talked lengthily about Itu Aba or Taiping’s capability to sustain human habitation.

President Ma Ying-jeou visits Itu Aba

President Ma Ying-jeou visits Itu Aba

He said: “The Philippines holds that Taiping Island has no freshwater, and no arable soil, claiming that food and water must all be imported and human habitation is impossible. This, the Philippines says, means that it is not an island, but a rock, to which no claim can be made on territorial waters beyond 12 nautical miles. However, such statements find no basis in either science or fact; they are totally wrong. The economic, environmental, and cultural realms all provide evidence sufficient to show that the island has—and has had for over 100 years—ample resources to be self-sufficient.

“Geological study of the island shows that Taiping Island was formed perhaps 3 million years ago. Roughly 20,000 years ago, it rose upward to 100 meters above sea level. Perhaps this sheds light on why Taiping Island became the only island in the Nanshas to have its own sources of potable water.

“Annual rainfall on Taiping Island is roughly 3,000 mm. Rainwater is either trapped by the soil or seeps down into the coral below. The coral layer further down, having been there for a million years, has been lithified and become impervious to water, meaning that the island has a rich supply of groundwater. Water from the best well, the No. 5 well, has been tested by experts and found to be close to that marketed internationally under the brand name Evian in terms of conductivity and total dissolved solids. It can be drunk directly, and tastes as good as mineral water sold in stores.

“Historical documentary evidence attests to the presence of freshwater on the island. The earliest appearance of such documents is in 1879, with the Royal Navy’s The China Sea Directory, in which it attests to the use of Taiping Island by Chinese fishermen and the presence of wells, of which it states, ‘The water found in the well on that island was better than elsewhere.’

“ In 1939, a survey report on Taiping Island by a technician working at Taichu Prefecture (today’s Taichung City, Changhua County, and Nantou County) states that ‘the island has abundant potable water, sufficient for both fishing vessels and for use on the island itself.’

“ In 1946, a report written during a survey of the Nansha Islands by an ROC naval flotilla states that ‘there are several wells on the island, the water drawn from which is excellent.’ In 1994, the Council of Agriculture, in ‘Nanhai Shengtai Huanjing Diaocha Yanjiu Baogao,’ a report on the ecology of the South China Sea, states that the freshwater at two places on Taiping Island is of better quality than that found in most rivers or lakes. The Coast Guard Administration, meanwhile, last December released ‘Living Conditions on Taiping Island,’ which states that of the four wells on the island, the water of one is used to raise tilapia, while the other three can provide 65 tons of freshwater daily, and that on the average freshwater accounts for 92 percent of water drawn from these wells. Water drawn from Well No. 5, meanwhile, is 99 percent freshwater of good quality. History thus attests to the plenitude and quality of freshwater on Taiping Island, sufficient to support human life.”

In the hearing of Arbitral Tribunal on the Philippine suit against China in The Hague November last year, the Philippine panel presented an expert who testified that there is no freshwater in Itu Aba and cannot sustain human habitation. Therefore, it is a rock.

We will discuss this in the next column.

Fisheries agreement upgrades PH, Taiwan political relations

Ellen Leave a comment

Site of incident

Site of incident

Remember the Balintang Channel incident two years ago that briefly strained relations between the Philippines and Taiwan?

It was triggered by the shooting by members of the Philippine Coast Guard of a Taiwanese fishing vessel in the overlapping maritime borders between the Philippines and Taiwan in the Balintang Channel off Batanes on May 9, 2013. A Taiwanese fisherman, 65-year-old Hung Shih-cheng, was killed.

The Aquino government took the defensive position right away insisting that the Taiwanese vessel intruded into Philippine waters.

It was established that the incident happened 21.6 nautical miles from Batanes, not within the Philippine 12 nautical miles territorial waters but within the 200 NM economic exclusive zone. But at the same time it is 170 nautical miles from the southernmost point of Taiwan and still considered within its 200 EEZ.

International law provides the rules of engagement in overlapping EEZs. Shooting is never one of them.

The Aquino administration’s initial mishandling of the incident forced Taiwan to freeze the hiring and renewal of expiring work contracts of Filipino workers. There are some 120,000 Filipino workers in Taiwan. Taiwanese tourists also stopped coming to the Philippines hurting travel-related business.

It was an escalating crisis until some sense were pounded into the heads of the people in Malacañang. An apology was issued to Taiwan and the family of Hung Shih-cheng was given compensation.

From the video of the incident: PH Coast Guard personnel airming at Taiwanese fishing vessel

From the video of the incident: PH Coast Guard personnel airming at Taiwanese fishing vessel

The Philippine Coast Guard personnel involved were charged after an investigation showed they were at fault.

To prevent another similar incident to happen, the Philippines and Taiwan worked on a fisheries agreement that would set the guidelines in case of intrusion into what one country considers as its territorial waters or EEZ.

Last Nov. 5, the agreement was signed in Taipei by Representative Antonio I. Basilio of the Manila Economic and Cultural Office in Taiwan and Representative Gary Song-huann Lin of the Taipei Economic and Cultural Office in the Philippines.

The agreement provides that before law enforcement action is taken against a fishing vessel from the other party believed to be operating illegally in the overlapping EEZs, one-hour advance notification will be given to the fisheries and coast guard agencies, as well as representative office, of the other party.

If the vessel is found to have violated the law and subsequently detained, it will be released within three days after posting reasonable bond, other security, or payment consistent with the law of the arresting party.

Although the May 2013 incident did not happen in the disputed waters of the South China Sea (where Taiwan is also one of the claimants), TECO said the agreement upholds the spirit and principles of President Ma Ying-jeou’s South China Sea Peace Initiative, which calls for shelving disputes, pursuing peace and reciprocity, and promoting joint exploration and development of resources.

It is noteworthy that the signing of the Philippines- Taiwan fisheries agreement happened two days before the historic meeting of China’s President Xi Jinping and Taiwan’s Ma in Singapore.

Diplomatic sources said the delay in the signing of the fisheries agreement was the opposition of China for any official accord with Taiwan in accordance with the Philippines’ One-China policy that considers the Beijing government the representative of the Chinese people and Taiwan is China’s province.

Signatories to the Fisheries Agreement TECO Rep. Gary Song-Huann Lin and MECO Rep. Antonio Basilio

Signatories to the Fisheries Agreement TECO Rep. Gary Song-Huann Lin and MECO Rep. Antonio Basilio

Philippine relations with Taiwan, although vibrant, is limited to “people-to-people.”

Taiwan’s officials, though, said the Xi-Ma meeting had nothing to do with the timing of the PH-Taiwan agreement.

The Philippines and Taiwan will continue to hold consultations related to the implementation of the accord.

The fisheries agreement will provide a more stable and safer environment for both Filipino and Taiwanese fishermen. It will lessen the tension and contribute to peace and stability in the region.

Definitely, it upgraded PH and Taiwan political relations.

Taiwan’s take on PH suit vs China

Ellen Leave a comment
Itu Aba, the biggest feature in Spratlys. Occupied by Taiwan.

Itu Aba, the biggest feature in Spratlys. Occupied by Taiwan.

The Republic of China (ROC) or Taiwan has its issue with mainland China (PROC-People’s Republic of China) but in matters of ownership of almost the whole of South China Sea, they have the same line.

In the statement released by Taiwan Tuesday, it asserted that Nansha islands also known as Spratly Islands; Shisha (Paracel) islands, Chungsha Islands Macclesfield Bank) and Tungsha (Pratas) Islands, as well as their surrounding waters, are an inherent part of ROC territory and waters.

“As the ROC enjoys all rights to these island groups and their surrounding waters in accordance with international law, the ROC government does not recognize any claim to sovereignty over, or occupation of, these areas by other countries, irrespective of the reasons put forward or methods used for such claim or occupation,” the statement said.

Some 80 percent of the vast South China Sea) is claimed by China, Taiwan and Vietnam. Some parts of the SCS are also claimed by the Philippines, Vietnam and Brunei. Many of the claims are overlapping.

Of the 750 features – reefs, shoals, rocks- in the South China Sea, Vietnam occupies the most number: 22. The Philippines occupies nine; China, eight; Malaysia, four; and Taiwan, one. Brunei is the only SCS claimant that does not occupy any shoal or reef.

Taiwan occupies the biggest feature known as Itu Aba. The Chinese name is Taiping. Philippine name is Ligao.
Although it is occupied by Taiwan, with whom the Philippines has a good economic and cultural relations, Itu Aba was mentioned in the Memorial because the Philippines has a One-China policy that recognizes the Beijing government as the representative of the Chinese people.

Under the One-China policy, Taiwan is a province of China.

Not to mention Itu Aba would be tantamount to agreeing that it belongs to the Chinese people.

There was another matter concerning Itu Aba that became a contentious issue between then Solicitor General Francis Jardelesa, now Supreme Court Associate Justice and the Philippine legal team headed by Washington-based Paul Reichler.

Jardeleza was of the view that including Itu Aba in the Memorial would weaken the Philippine case because the island has a water source and can sustain human habitation therefore entitled to exclusive economic zone.

The legal team however said it is just a small atoll consisting of tropical reef covered with sandy coral and shell and cannot sustain human habitation. A military ship services the “island.”

As a compromise the Philippine team agreed to mention Itu Aba in the memorial but it was not included in the features that it asked the Arbitral Court to rule on.

Taiwan's Coast Guard officers stand on duty on Itu Aba (Taiping island). Sept 2011 photo. Taipei Times.

Taiwan’s Coast Guard officers stand on duty on Itu Aba (Taiping island). Sept 2011 photo. Taipei Times.

In its statement, Taiwan said: “Taiping Island （Itu Aba）, the largest （0.5 square km） of the naturally formed Nansha （Spratly） Islands, has been garrisoned by ROC troops since 1956. In the same year, the ROC government established the Defense Zone of the Nansha （Spratly） Islands on Taiping Island （Itu Aba）. In February 1990, by executive decree, the Executive Yuan （Cabinet） of the ROC put Taiping Island （Itu Aba） under the administrative jurisdiction of Qijin District of Kaohsiung City. For the past six decades, ROC military and civilian personnel have dwelled on Taiping Island （Itu Aba）, conducting their respective missions while making use of and developing its natural resources.

“Taiping Island （Itu Aba） has groundwater wells, natural vegetation, and phosphate ore and fishery resources. Moreover, personnel stationed on the island cultivate vegetables and fruit and rear livestock. In 1959, personnel built the Guan Yin Temple, dedicated to the Bodhisattva of Compassion. From legal, economic, and geographic perspectives, Taiping Island（Itu Aba） indisputably qualifies as an “island” according to the specifications of Article 121 of the United Nations Convention on the Law of the Sea （UNCLOS）, and can sustain human habitation and economic life of its own; it is thus categorically not a “rock”. The ROC government will firmly defend this fact. Any claims by other countries which aim to deny this fact will not impair the legal status of Taiping Island （Itu Aba） and its maritime rights based on UNCLOS.”

The nine-dash line map which the Philippines is asking the U.N Arbitral Court to invalidate originated with ROC.

Taiwan’s statement touched on the map: “The South China Sea islands were first discovered, named, and used, as well as incorporated into national territory by the Chinese. In 1938 and 1939, Japan illegally occupied the Tungsha （Pratas）, Shisha （Paracel）, and Nansha （Spratly） Islands. On March 30, 1939, Japan integrated what it called “Shinnan Gunto” （comprising some of the Nansha （Spratly） Islands） into Takao Prefecture （today known as Kaohsiung City） through Announcement No. 122 of the Taiwan Governor-General’s Office. In 1946, following World War II, the ROC government reclaimed the Tungsha （Pratas）, Shisha （Paracel）, and Nansha （Spratly） Islands, erecting stone markers on major islands and garrisoning some.

In December 1947 it issued the revised names of the South China Sea islands and the Location Map of the South China Sea Islands, which delineate the scope of ROC territory and waters in the region.”

The controversial 9-dash-line.

The controversial 9-dash-line.

The map had 11- dashed lines. Much later, after an upheaval in China that pushed the ROC out of the mainland to Taiwan, the Beijing government removed the two dots reducing the dashed line to nine.

Taiwan said they are willing to work with other parties concerned to jointly ensure peace and stability in the South China Sea, as well as conserve and develop resources in the region.

More tourists and excellent dimsum from Taiwan to Manila

Ellen Leave a comment

Taiwan Representative Gary Song-Huann Lin

Taiwan Representative Gary Song-Huann Lin

At the reunion of Filipinos who have been to Taiwan upon the invitation of Taiwan government last week, Dr. Gary Song-Huann Lin, head of the Taipei Economic and Cultural Office in Manila, announced a number of good things that would strengthen relations between the Philippines and the Republic of China.

The one that I was interested in was the information that the famous Taiwanese dimsum restaurant, Din Tai Fung, will soon be in Manila.

The other welcome announcement was the increase of flights between Taiwan and the Philippines.

These developments show that despite institutional diplomacy limitations, relations between the Philippines and Taiwan continues to improve.

The Philippines adopts the One-China policy which recognizes the People’s Republic of China which has its capital in Beijing, as the representative of the Chinese people. PROC considers Taiwan its province.

Taiwan has adopted a “no unification, no independence and no use of force” policy with mainland China which has resulted in a vigorous economic relations between them.

The Philippines maintains a people-to-people relations with Taiwan (represented by TECO in Manila and the Manila Economic and Cultural Office in Taipei) which has always been robust except for a strain in 2013 caused by the shooting of a Taiwanese fishermen by the Philippine Coast Guard in Balintang channel where the economic Exclusive Zones of both The Philippines and Taiwan overlap. The incident has been resolved.

What is still missing is a fisheries agreement that would formalize how to resolve fishing disputes, including procedures on the detention and release of any fishing vessels or fishermen.

Lin is enthusiastic about tourism between Taiwan and the Philippines. He said,“The first step to encourage tourism between our two countries is to increase more flights to and from Taiwan and the Philippines. To achieve this goal, our two countries have already held air service talks recently to liberalize and increase the two-way traffic of the flights.”

He said aside from increase in the number of flights between Manila and Taipei, there will soon be flights from Taipei direct to Boracay and Taipei to Palawan.

There are now direct flights from Taipei to Cebu.

Lin further announced that the Philippine government will liberalize the visa requirements for the Taiwanese visitors by launching the Electronic Travel Authority (ETA) system as from July 1, 2015.

“Thus, including the Philippines, there will be 142 countries and regions, including the E.U., U.S.A. and Australia which have given the visa-free treatment and ETA to the ROC (Taiwan) nationals. I believe that the Philippine government’s new approach will certainly facilitate the two way traveling so as to boost the tourism industries in our two countries,” he said.

Lin said Taiwan is interested to offer the expertise of its nationals in Small and Medium Enterprises (SMEs).

He noted that the business structure of Taiwan and the Philippines is quite similar. “Taiwan’s companies are not only energetic, but also flexible. They have strengths to adapt to the fast-changing international economic market. This is why the Taiwanese economy is doing very well. I believe that Taiwan’s experience and economic development model can be borrowed by the Philippines. If we work together, we can complement each other. That also may create many jobs for the young people in the Philippines,” he said.

Making xiao long bao at Din Tai Fung Pacific Sogo, Taipei.Photo by Fred Hsu.

Making xiao long bao at Din Tai Fung Pacific Sogo, Taipei.Photo by Fred Hsu.

Which brings us back to Din Tai Fung.

Lin said the owners of the world famous dimsum restaurant is finalizing talks with Filipino partners.

Din Tai Fung is known for xiaolongbao (soup dumplings).Outside Taiwan, Din Tai Fung also has branches in Australia, China, Hong Kong, Indonesia, Japan, Malaysia, Singapore, South Korea, the United States and Thailand. In 1993, it was named by New York Times as one of the he top ten restaurants in the world.

There are, of course, more to relations between the Philippines and Taiwan than dimsum and tourists.

Lin said, “My government has spent tireless efforts in promoting digital education exemplified in the establishment of the APEC Digital Opportunity Centers (ADOCs).”

He said Taiwan has helped the Philippines set up 17 ADOC Centers, allowing more than 180,000 Filipinos to receive training. Among them, 47.77 percent are female.

He said it Taiwan’s way of “assisting young Filipino generation to catch up with the digital era.”

But Lin noted that there are “still some blind spots in which we do not fully understand each other’s strengths, culture, history and the characteristics of the people” despite the fact that there are more than 110,000 Filipino workers in Taiwan and Taiwanese corporations are in various fields in the Philippines – from fishery, banking, trade, mining, electric power, wind energy, telecommunications.

He said there is an urgent need to have a bridge upon which we can have more exchanges, more mutual understanding, more educational and cultural exchanges and more investments.

He said during his stint here, “I intend to act as that bridge builder.” He encouraged the “Taiwan alumni” to join him in that mission.