Thursday, May 6, 2021

📜 Pièce de résistance, Sino-back

Today's briefing is not just a piece of paper: we're talking about David looking at Goliath and asking why nabbing those wearing face masks improperly poses a huge complication.
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By Camille Diola

Good morning.

Today's briefing is not just a piece of paper: we're talking about David looking at Goliath and asking why nabbing those wearing face masks improperly poses a huge complication.

1

 

Pièce de résistance

The unanimous UNCLOS arbitral award favoring the Philippines is more than just a piece of paper*.

The proverbial David defeated Goliath in the international legal arena: It was the result of an unbloody battle won by a generation of Filipinos expected to wield it to rally other nations in resisting China's bullying, intimidation, theft and destruction in resource-rich waters for the foreseeable future.

President Duterte said he tried to put it to use but failed.

"When I came into office the ships were already in the West Philippine Sea, Chinese boats (and) ships, we have nothing... Actually, I'll tell you to give it to me, I'll tell you, son of a bitch, it's just a piece of paper. I'll throw that in the wastebasket."

What others are saying:

  • Albert del Rosario, former foreign affairs secretary: "President Duterte did not waste time in advancing his declared embrace of Xi Jinping when he very quickly shelved the Arbitral Award in exchange for a promised $24 billion in Chinese investments and assistance, which, until now, has not materialized.
     
  • Delfin Lorenzana, Duterte's defense secretary: "There is no international law enforcement body that can enforce [the arbitral ruling]. However, even without the PCA ruling, we will continue to defend what is rightfully ours."
     
  • Jay Batongbacal, the U.P. maritime law expert who had Benham Rise recognized part of the Philippines: "Nakakalungkot na madinig na kung sino pa 'yung nanalo siya pa 'yung nagpawalang bahala sa kung gaano kahalaga itong sinasabi niyang papel na ito."

Flashback Friday: It wasn't just the arbitral award. In July 2019, President Duterte likened the 1987 Constitution to toilet paper from China's perspective. Malacañang said the comment was a metaphor.
 

2

 

Sino-back

President Duterte chose a COVID-19 vaccine not yet available to the public and is yet to receive approval from the Food and Drug Administration. Health Secretary Duque gave him a shot of the vax from Sinopharm, one of the two known brands of vaccines from China, under a conditional permit.

Why it matters: The COVID-19 Action Network, a loose grouping of doctors, health workers and other professionals, said the president's preference for Sinopharm over publicly available Sinovac vaccine sends "the wrong message to the already vaccine-hesitant public."

What's next: "It's a decision of my doctor and, all things said, this is my life," President Duterte said as he apologized for the move. He also asked China to take back its donation of 1,000 Sinopharm doses.
 

3

 

Mask down, arrest up

The sudden order to "arrest and detain" those wearing their face masks improperly entailed another adjustment to enforced pandemic-time ordinances already being enforced, especially that President Duterte only gave local authorities nine hours to do so.

LGUs, the Department of Interior and Local Government and the Philippine National Police have to tidy up the rules and "determine parameters of the presidential directive."

Why it's a problem: The process of adjustment is not exactly unwieldy, but it is tedious beyond the paperwork.

  • LGUs have different directives and sanctions. Most impose only warnings and fines.
     
  • Article 125 of the Revised Penal Code requires authorities to deliver detained individuals to judicial bodies for the filing of complaints within 12 hours.
     
  • Implementation of the order must also consider the availability of detention space.
     
  • The effect of arbitrary arrest and detention causes trauma and risks to violators.
     
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Tweet me your thoughts about today's START or pitch possible topics you'd like us to send out a briefing on. I'd be thrilled to hear from subscribers so don't be shy. 💭

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