BEYOND THE BEND: The One China Policy again

(MindaNews / 07 April) – The top general of the Armed Forces of the Philippines (AFP), Romeo Brawner Jr., recently caused alarm, and a little bit of scandal, with this statement addressed to our soldiers in the Northern Luzon Command (NOLCOM) during their 38^th anniversary program: “But let me give you this challenge, this further challenge: Do not be content with securing just the northern hemisphere up to Mavulis Island. Start planning for actions in case there is an invasion of Taiwan.”

Malacañang immediately called for calm. Executive Secretary Lucas Bersamin insisted that there was no reason to be anxious as the general was merely ordering the troops to be ready for any contingency. Presidential Communications Undersecretary Claire Castro likewise assured the 250,000 OFWs in Taiwan that “the government is prepared to help them anytime.” Even the AFP clarified that the order was just a “prudent measure to ensure readiness for potential scenarios.”

But the fact that the suggestion of a forthcoming Taiwan invasion came from the AFP Chief of Staff stirred the public sphere crazy. Beijing apologists in our midst expectedly used this issue to highlight their principal’s narrative that we are war mongering. While anti-American voices loudly reiterated their opposition to being dragged in another external armed conflict. But a thought-provoking question was posed to me by a respected journalist, how do we balance our adversarial relationship with China and its belligerence towards Taiwan?

Obviously, this query involves a very complex issue that requires a multifaceted approach. The answer would invoke international law, layered with diplomacy and international relations, and further nuanced by international trade policy. But at the most basic level, our position in the matter must abide by the One China Policy.

Our One China Policy is found in the 1975 Joint Communique between Manila and Beijing, whereby among other things, “The two Governments recognize and agree to respect each other’s territorial integrity.”

This accord was spurred by Resolution No. 2758 of the United Nations General Assembly issued on October 25, 1971 that expelled the “Republic of China” (Taiwan) and replaced it with the Peoples Republic of China (PRC) in the United Nations. 

Pertinently, there is no standard “One China” policy that is institutionalized in every nation in the world. Each country would have had its own formulation of this policy when they established formal diplomatic relations with the PRC.

Specifically, the Philippines’ One China Policy as contained in the Joint communique reads as follows:

“The Philippine Government recognizes the Government of the People’s Republic of China as the sole legal government of China, fully understands and respects the position of the Chinese Government that there is but one China and that Taiwan is an integral part of Chinese territory, and decides to remove all its official representations from Taiwan within one month from the date of signature of this communique.”

The crux of this policy is that the Philippines “fully understands and respects” China’s claim regarding Taiwan. Clearly, it offers no final and definitive view regarding the status of Taiwan itself. And neither does it convey support for any specific Chinese action regarding Taiwan.

Ultimately the final resolution of Taiwan’s status will be contingent on International Law and the Taiwanese people themselves. And like any other nation in the world, the Philippines can only adhere to the recognition of Taiwan’s standing by the international community itself.

The only plausible caveat with regards to our non-interference commitment is when International Humanitarian Law compels other nations to be involved in a potential armed conflict. This is the only scenario where the Philippines can be forced to intervene in an otherwise domestic affair. Even then, the Philippine government can dictate the scope and extent of this intervention. 

Pertinently, the Joint Communique never precluded the Philippines from developing relations with Taiwan. According to Executive Order No. 313 (December 17, 1987), “it was the understanding that people-to-people relations between the Philippines and Taiwan may continue, such commercial, economic, cultural and other unofficial contacts;”. Thus, despite having no diplomatic relations, economic and cultural ties between the Philippines and Taiwan were nurtured throughout the years. Indeed, the Philippines and Taiwan have been dealing with each other extensively economically.

Finally, recall that the Joint Communique mandated a reciprocal respect for territorial integrity. And so, while the Philippines has religiously done everything legally possible to abide by its commitments under the Joint Communique, our troubles in the West Philippine Sea clearly show that it is actually Beijing which has not lived up to their end of the agreement. We still have to respect our One China Policy, though, but it seems pretty clear who the villain is in the potential invasion of Taiwan.

(MindaViews is the opinion section of MindaNews. Michael Henry Yusingco, LL.M is a law lecturer, policy analyst and constitutionalist)