Supporting international law for regional peace

Dear friends,

Yesterday, 12 July 2023, was an important day. It marked the seventh anniversary of the landmark South China Sea Arbitral Award. The Arbitral Award made important pronouncements on unlawful maritime claims and activities in the South China Sea and represents the fundamental importance of using international law to resolve disputes peacefully.

The world, and our region, is currently experiencing the most challenging geopolitical context since World War II. And that is why it is particularly important that we work hard to promote and protect the international rules that play a vital role in safeguarding international peace and security.

Both the Philippines and Australia depend on a region governed by accepted rules and norms, where all countries can cooperate, trade and thrive. This includes ships and aircraft being able to take goods to market unimpeded. The South China Sea is a vital waterway for the Philippines, Australia and indeed the entire international community, and we want to see an open and peaceful South China Sea where international law is respected and adhered to.

But the South China Sea faces many risks and challenges. Maritime claims inconsistent with the United Nations Convention on the Law of the Sea (UNCLOS) are causing tension, worsened by the militarization of disputed features and unsafe behavior at sea and in the air, which we have unfortunately continued to see this year.

This is against a backdrop of illegal, unregulated and unreported fishing, barriers to harnessing marine resources and degradation of the natural environment.

Australia is deeply concerned when countries pursue claims or engage in activities that are inconsistent with international law, where they undertake activities that are provocative and destabilising, where they don’t respect the rights and freedoms of others or when they advance their claims by intimidation or coercion.

UNCLOS provides the comprehensive legal framework for all activities in the oceans and seas and provides the foundation for peace, security and stability in the maritime domain. Adherence to UNCLOS is vitally important for the region. Maritime claims – whether in the South China Sea or elsewhere – must be consistent with UNCLOS. On its seventh anniversary, it remains as important as ever that the parties abide by the 2016 South China Sea Arbitral Award.

Australia’s actions are guided by our desire to support our partners, enhance maritime security and uphold international law. That is why we invest in maritime partnerships in the region: to build maritime domain awareness and combat challenges like illegal, unreported and unregulated fishing, and why we will continue to exercise freedom of navigation and overflight, support the rights of others to do the same and strengthen our relationships with regional partners.

This has been a big year for the Philippine-Australia relationship, with high-level visits from our Deputy Prime Minister and Defence Minister Richard Marles, Foreign Minister Penny Wong, Trade and Tourism Minister Don Farrell and Special Envoy for Southeast Asia Nicholas Moore. And last week we held a very valuable Bilateral Maritime Dialogue, the third time we have done so.

This demonstrates just how important the Philippine relationship is to Australia. Our maritime partnership is central to our relationship and the vision we share for our region: it is about safety, stability and prosperity, respect for sovereignty, mutual trust, shared ambition and hope for the future.

That is why formally elevating our relationship to a Strategic Partnership later this year is a top priority for the Australian Government. This will formalize what we already know to be true: that we are already de facto strategic partners, with our maritime partnership being a central pillar of our longstanding and wide-ranging relationship.

It is also why Australia is investing P3.6 billion in regional maritime programs, of which the Philippines is a significant beneficiary. During Australian Foreign Minister Penny Wong’s visit to Manila in May this year, she reiterated Australia’s commitment to promoting a safe, secure and prosperous Indo-Pacific, where sovereignty is respected, and announced new maritime programs that Australia will pursue with the Philippines.

This includes: providing drones, associated training and other technology to strengthen the Philippine Coast Guard’s maritime domain awareness and marine environmental protection capabilities; information sharing and technical assistance for Philippine maritime legislators and government officials; technical assistance to help mitigate the environmental impacts of the recent Mindoro oil spill; regional training for Philippine fisheries officers to strengthen illegal fishing responses and fostering women’s leadership in maritime security and marine environmental protection.

These new maritime projects complement Australia’s comprehensive suite of existing maritime initiatives with the Philippines, which includes law of the sea courses, which have trained over 440 Philippine Government officials; maritime tabletop exercises; the Royal Australian Navy’s flagship regional engagement activity, the Indo-Pacific Endeavor, which will return to the Philippines in August; maritime governance support; university scholarships and short courses; maritime dialogues; skills and technology transfer; coral reef restoration; sea cucumber and giant clam cultivation and reintroduction; measuring and reducing marine plastics and maritime study exchanges to Australia.

As Australia’s Ambassador to the Philippines, I offer this commitment: our embassy will work tirelessly with our Philippine friends and other valued partners to promote adherence to international law and the 2016 South China Sea Arbitral Award, in an effort to support the peaceful, prosperous and stable region we all deserve to live in. In the current environment, I can think of few greater priorities than that.

Yours truly,

HK

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HK Yu PSM is the Australian Ambassador to the Philippines. Follower her on Twitter @AusAmbPH