Bato wants water cannon, laser use to be grounds to invoke Mutual Defense Treaty

Senator Ronald “Bato” dela Rosa wants laser-pointing and the use of water cannons added to the list of “non-conventional threats” that could invoke the Philippines’ Mutual Defense Treaty (MDT) with the United States.

The lawmaker made the suggestion during the Senate foreign relations committee hearing on the resolution seeking to update and amend the 1951 treaty with America.

“Hindi ba puwede natin idagdag d’yan ‘yung…pag-water cannon? Alam natin it does not constitute armed attack pero ang epekto niya sa ating mga Coast Guard na tatamaan, pag tinamaan ang Coast Guard natin, natumba, nahampas ang ulo doon sa sahig ng barko, patay pa rin ‘yon,” Dela Rosa said.

(Can we add the use of water cannons? We know it does not constitute armed attack, but the effect on our Coast Guard personnel is if they are hit, they could fall, hit their head on the floor, and die.) 

“Walang bala na pinutok, tubig lang pero ang effect injury, even death, pag tinamaan ang ating mga tao doon, nahampas ang ulo doon sa sahig ng boat, patay pa rin. I don’t know how do we do that, kung pwede idagdag 'yan doon,” Dela Rosa said.

(No bullet would have been fired, just water, but the result is injury, even death. I don’t know how do we do that, if it's possible to add that.)

On August 5, Chinese militia vessels fired water cannons at four Philippine vessels on a resupply mission to Ayungin Shoal. They also performed "dangerous maneuvers" to separate the supply boats from their Philippine Coast Guard escorts.

Senator Imee Marcos, chairperson of the panel, also pointed out that the MDT guidelines also include cyberattacks and non-conventional threats.

“Ano yon? Non-conventional ba ang water cannon? Ayon ngayon dito sa bagong defense guidelines pati non-conventional [ay] covered. Tama ba ‘yung wording na nababasa ko?” she asked.

(Are water cannons non-conventional? According to the new defense guidelines even non-conventional are covered. Am I reading the correct wording?)

Senator Risa Hontiveros also followed her colleagues' query and cited the Philippine Coast Guard’s statement that the water stored in their boats is meant for fire-fighting.

“Ang sabi ng Coast Guard, ang pagdadala ng tubig sa barko ay para lang sa fire-fighting. Kaya talagang maling-mali ang ginawa ng Tsina sa atin doon,” Hontiveros said.

(The PCG said water brought onto boats is only for fire-fighting. So what China did to us is very wrong.)

Foreign Affairs Assistant Secretary Jose Victor Chan Gonzaga explained that while it appears to be in the guidelines, this should still be discussed with their US counterparts.

“Yes, that appears in the bilateral guidelines, but I think there’s still a lot of discussion about the specific kinds of activities that would be considered as coming under that,” Gonzaga told the lawmakers.

“Obviously, lawyers of both sides have things to say about these things, about water cannons, about all other kinds of activities…Also we have to look at the guidelines as a living document. Discussions are ongoing and [we] continue to discuss with our US counterparts and we’re hoping to get better clarification,” he added.

But Marcos said there’s no need to be “overly legalistic” about it.

“The operative word is threat. Clearly, the water cannons were a threat of some sort, ‘di ba [weren't they]? Whether classified as conventional or non-conventional, it is quite clearly a threat and the subject is threat, the modifier is the conventionality of the threat,” she said.

Still, the DFA official insisted the need to undergo a legal process.

At this point, Dela Rosa told the DFA to assert everything that would put the Philippines to an advantage.

“I think it is only appropriate for this committee to advise DFA [na] lahat na ng bagay na to our advantage isaksak na ninyo, bahala na sila umayaw. Kung umayaw ang America, eh wala na tayong magawa pero kung ‘yung ikakalamang natin, you know, dapat isaksak natin ‘di ba?” he said.

 I think it is only appropriate for this committee to advise the DFA to use everything that would be to our advantage; never mind their protests. If America protests, we can't do anything about that but we should do what would be advantageous for us, shouldn't we?)

“’Yung laser, laser attack, ‘di yan kasama pero kung puwede isama natin so that China will run out of unconventional tactics to bully our people. Idagdag natin ‘yan para malaman nila na, ‘Kasama na pala ‘yan, hindi natin gawin ‘yan.’ ‘Yung weather balloon. Lahat na ng puwede. Kung ako lang taga-DFA, kahit na bordering to whatever, basta lamang tayo doon tayo, ‘yun ang dapat nating position,” he added.

(The laser attack isn't included but we should include it so that China will run out of unconventional tactics to bully our people. Let's add it so that they'll realize, 'It's included, let's not do it.' The weather balloon. Everything that we can add. If I were with the DFA, whatever we can do where we are at an advantage, that should be our position.)

The MDT is a 71-year-old accord between the Philippines and the US which binds Washington DC to defend Manila from any aggression.

Under Article V of the MDT, “[A]n armed attack on either of the Parties is deemed to include an armed attack on the metropolitan territory of either of the Parties, or on the Island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific.” — BM, GMA Integrated News