Tolentino hits China embassy for interfering with Senate affairs

MANILA, Philippines — Former Sen. Francis Tolentino on Wednesday said that the Chinese embassy and its spokesperson are violating the Vienna Convention on Diplomatic Relations by interfering with Senate affairs on tackling issues related to the West Philippine Sea (WPS).

Tolentino made the statement after the word war between the Chinese embassy and several senators, including Senate President Vicente Sotto III.

The embassy recently criticized a Senate resolution condemning its remarks against Philippine officials and institutions for defending the country’s sovereign and maritime rights. 

READ: China’s criticism of reso vs embassy remarks sparks senators’ backlash

Tolentino said that he is defending the Senate, emphasizing that the embassy may have forgotten that the Senate is a participant and key player in foreign policy, therefore highlighting its role in the treaty-making process. 

“It seems now that, and I am speaking as someone who came from the Senate, is that an insult to the Senate President, an insult to Senator Pangilinan is an insult to the Senate as an institution,” Tolentino said in partly in Filipino during the Kapihan sa Manila Bay Forum in Malate, Manila.

Tolentino said that criticizing a senator, especially when their remarks or debates are made within the plenary hall of the Senate, is an interference with the legislative process, which he said is a violation of Article 41 of the Vienna Convention of Diplomatic Relations.

It states that: “Without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect the laws and regulations of the receiving State. They also have a duty to not interfere in the internal affairs of that State.”

And what would be the proper response to this? Tolentino then called on the DFA to review the said convention. 

READ: China bars ex-senator Tolentino from entering its territories over WPS stance

“I call the attention of the Department of Foreign Affairs. Review your Section 9 of Vienna Convention of Diplomatic Relations. You can summon the spokesman, the ambassador. They are interfering with the debate in the Senate,” Tolentino said.

According to Article 9 of the convention, “[t]he receiving State may at any time and without having to explain its decision, notify the sending State that the head of the mission or any member of the diplomatic staff of the mission is persona non grata or that any other member of the staff of the mission is not acceptable. In any such case, the sending State shall, as appropriate, either recall the person concerned or terminate his functions with the mission. A person may be declared non grata or not acceptable before arriving in the territory of the receiving State.”

Further, Tolentino said that the DFA “must be mindful of the Vienna Convention of Diplomatic Relations amid the attacks against Philippine officials. 

“They should act now that the dignity of our country is being trampled on,” he added.

Tolentino is the principal author and sponsor of twin measures Philippine Maritime Zones Act and the Archipelagic Sea Lanes Act, which asserts the country’s territorial rights over its maritime zones.

He was previously banned by the Chinese government from entering mainland China, Macao, and Hong Kong for his defense of the WPS. /gsg