Australia, Southeast Asian nations call for restraint
BY JOCELYN MONTEMAYOR and ASHZEL HACHERO
PRESIDENT Marcos Jr. yesterday said he views with “great alarm” the latest provocation by China in the West Philippine Sea but there is yet no reason to invoke a defense pact between the Philippines and the United States.
The 1951 Mutual Defense Treaty binds the two countries to defend each other if under attack.
The US State Department reaffirmed Washington’s commitment to its ally under the MDT and said it is discussing with the Philippines the latest Chinese harassment of a resupply mission to the Ayungin Shoal which is within the Philippines’ exclusive economic zone (EEZ).
Australia and Southeast Asian nations yesterday called for restraint in the contested South China Sea and adherence to a “rules-based” order in the Indo-Pacific.
“We encourage all countries to avoid any unilateral actions that endanger peace, security and stability in the region,” they said in a joint statement after a three-day meeting.
In China’s latest act of aggression, its vessels on Tuesday damaged two Philippine vessels and injured four crewmen on a resupply mission to the Ayungin Shoal in the West Philippine Sea (WPS).
“I do not think that it is time or the reason to invoke the Mutual Defense Treaty,” the President said in a media interview in Melbourne, Australia before departing for Manila.
But he said the Philippines will protest the Chinese actions of harassing, blocking, and firing water cannons at the Philippine vessels, aside from executing dangerous maneuvers.
“We continue to view with great alarm this continuing dangerous maneuvers and dangerous actions that are being done against our seamen, our Coast Guard. And this time, they damaged the cargo ship and caused some injury to some of our seamen and I think that we cannot view this in any way but in the most serious way,” he said.
“Once again, we will make our objections known and hope that we can continue to communicate to find a way so that such actions are no longer seen in the West Philippine Sea,” Marcos said.
US State Department spokesperson Matthew Miller, in a press conference in Washington, said “We are in discussions with the Philippines about this matter. The latest actions, which are just the most recent in a series of provocative actions by the People’s Republic of China, demonstrate once again a reckless disregard by the PRC for the safety of Filipinos and also for international law.”
“By impeding the safe operation of Philippine vessels carrying provisions to Filipino service members stationed at Second Thomas Shoal (Ayungin Shoal), the PRC interfered in lawful Philippine maritime operations and in Philippine vessels’ exercise of high-speed — of high-seas freedom of navigation. And I will just say that the United States stands with our Philippine allies in the face of these dangerous and unlawful actions,” he added.
Miller did not give a categorical answer when asked if Beijing’s recent actions could initiate the MDT, even if he said Washington stands with Manila in the face of these “dangerous and unlawful actions.”
“Article IV of the 1951 US-Philippines Mutual Defense Treaty extends to armed attacks on Philippine armed forces, public vessels, or aircraft, including those of its coast guard, anywhere in the South China Sea,” Miller said, reaffirming Washington’s commitment under the MDT.
“We condemn the PRC’s repeated obstruction of Philippine vessels’ exercise of high seas freedom of navigation and its disruption of supply lines to this longstanding outpost. The PRC’s actions once again show disregard for the safety and livelihoods of Filipinos and international law,” he added, referring to the Philippine Navy ship BRP Sierra Madre grounded in Ayungin or Second Thomas Shoal that served as a garrison for a small contingent of Filipino troops.
The vessel attacked by water cannons of the Chinese Coast Guard was on the way to resupply Filipino troops in the grounded BRP Sierra Madre.
Miller also referenced the 2016 award of the Permanent Court of Arbitration which ruled in favor of the Philippines and junked China’s massive claim in the South China Sea under its so-called nine dash line, which the arbitral panel held has no historical or legal basis.
“As provided under the 1982 Law of the Sea Convention, the 2016 Arbitral decision is final and legally binding on the PRC and the Philippines, and the United States calls upon the PRC to abide by the ruling and desist from its dangerous and destabilizing conduct,’ Miller added.
Both Manila and Beijing are signatories to the 1982 United Nation Convention on the Law of the Sea.
On Tuesday afternoon, the Department of Foreign Affairs summoned Zhou Zhiyong, the deputy chief of mission of the Chinese Embassy in Manila to convey the Philippines strong protest against the recent harassment and aggressive actions undertaken by its vessels in Ayungin Shoal.
The DFA said it demanded that Chinese vessels immediately leave Ayungin Shoal, adding that Ayungin Shoal is a low-tide elevation that sits well within the Philippines’ exclusive economic zone.
INTERFERENCE
Yesterday, in a press conference organized by the National Task Force on the West Philippine Sea, DFA spokesperson Teresita Daza reiterated the country’s position on the issue, adding that the Philippines “will never abandon its sovereignty and sovereign rights’ in the face of Chinese harassment and aggressive activities in the area.
“We called on China to cease and desist from undertaking action that violates Philippine sovereignty, sovereign rights and undermines confidence and trust in bilateral actions,” Daza said.
Daza again said there is no truth to China’s repeated claim that the Philippines has previously agreed to tow or remove the BRP Sierra Madre in Ayungin Shoal.
She also reiterated that Beijing’s interference with Manila’s routine and lawful activities in its own exclusive economic zone is unacceptable.
“China’s actions in Ayungin Shoal infringe upon the Philippine sovereign rights and jurisdiction,” she added.
Defense Secretary Gilberto Teodoro said China’s claims are baseless and its actions this week were “patently illegal and downright uncivilized.”
“This claim is, simply put, one that no right-thinking state in the world agrees with and which many outright condemn,” Teodoro said in a statement. “(Its) vain attempt to manufacture and sell this story falters in the face of real incontrovertible facts.”
China’s action has been condemned by the US, the European Union, Australia, Germany, Finland, Netherlands, Japan and Sweden.
China claims nearly the entire South China Sea where more than $5 trillion of goods passes annually.
It also rejected the 2016 ruling of the Permanent Court of Arbitration in the case brought by the Philippines that rejected its sweeping claims in the disputed waterway through its nine-dash line as having no legal or historical basis.
Aside from the Philippines and China, Malaysia, Vietnam, Brunei and Taiwan also claim parts of the disputed South China Sea as their own.
‘VERY CONCERNING’
The military commander overseeing operations in the WPS described as “very concerning and worrisome” China’s latest harassment.
Vice Adm. Alberto Carlos, commander of the AFP Western Command (Wescom), said he is hoping that concerned government officials will come up with win-win situation with China to prevent escalation of the tension.
Carlos was aboard the military-contracted civilian boat Unaizah Mae 4 that was subjected to dangerous maneuvers and water cannoning and figured in “minor collision” with a Chinese Coast Guard ship at the vicinity of the shoal last Tuesday.
The incident shattered the wind shield of the boat, causing minor injuries to four Navy personnel.
Carlos said he suffered minor injuries from splinters. He said he did not count himself as among those injured, stressing his injury is not severe compared to the four personnel.
Another supply boat, Unaizah Mae 1, reached Ayungin Shoal and successfully delivered supplies to troops who are staying at the rusting Navy ship BRP Sierra Madre which was grounded at the shoal in 1999 to serve as military outpost.
The incident also resulted in the damage of one of the two Philippine Coast Guard vessels that escorted the mission. BRP Sindangan sustained damage on its hull due to similar “minor collision” during dangerous maneuvers by a Chinese Coast Guard vessel.
“I’m disappointed that (this) happened because we’re all looking forward to an unimpeded RORE (rotation and reprovisioning mission),” said Carlos.
“I have to bring food and water to the troops. I am disappointed because some (of our troops) were injured. I’m sure this can be discussed, come up with a win-win situation through proper channel,” said Carlos.
“To me, that’s very concerning and very worrisome,” Carlos added, noting that some of his men were injured in the latest Chinese harassment.
“I know that the resolution of the issue in the West Philippine Sea in my area is not in my level. So I’m hoping that they come up with, whoever is in charge, people upstairs, to come up with a win-win solution very soon to avoid escalation. People were already hurt.
Fortunately, its minor injuries,” he said.
Nevertheless, Carlos stressed the government’s position that the Philippines has the legal right over Ayungin and the entire West Philippine Sea “and whatever China is doing is illegal and irresponsible.”
In keeping with the directive of President Marcos Jr, Carlos said Wescom will “not yield, we will be undeterred, and we will not leave Ayungin.”
DISINFORMATION
National Task Force for the West Philippine Sea (NTF-WPS) spokesman Jonathan Malaya, in a press briefing, scored at China for justifying its actions.
The Chinese foreign ministry said the Philippines illegally intruded in its territorial waters. It said its action was “professional and restrained, reasonable and lawful.”
It also urged the Philippine government to stop what it called “maritime violations and provocations and refrain from taking any actions that may complicate the maritime situation.”
The Chinese Coast Guard said its actions were “reasonable, legal and professional” and it was a PCG vessel that “deliberately crashed into the normal law enforcement” of a Chinese Coast Guard vessel “in an unprofessional and dangerous way, resulting in a slight scratch, and the responsibility was completely on the Philippines.”
“This is standard Chinese disinformation and fake news,” said Malaya, adding that it is the Chinese that conducted “provocative, unilateral, illegal, and unprofessional acts that is conduct unbecoming of coast guard officers and is a stain on the coast guard uniform we proudly wear.”
“We hold the CCG (Chinese Coast Guard) responsible for their actions,” he said.
Malaya dismissed the claim of the CCG that the Philippines cannot be trusted and deliberated stirred up trouble in the area.
“Let me ask them this question: Who is executing the blocking and dangerous maneuvers?
Who is deploying water cannons against un-armed ships? Is hurting or causing injury to Filipino personnel professional and legitimate? Who is deliberately blocking our ships in waters where the Philippines exercises sovereign rights and jurisdiction under international law? Is it the Philippines? No, it is China,” Malaya said.
“It is China that is deliberately stirring up trouble and maliciously inciting hype and not the Philippines. We wish to remind China that when it points a finger at others, there are three other fingers pointing back at them,” he added.
Malaya rejected China’s renewed pronouncement that the Philippine government promised to remove BRP Sierra Madre from Ayungin Shoal.
He said that claim “has not been supported by any shred of credible evidence and has been debunked a million times.”
‘CLEAR INTRUSION’
The President said he also views with “great concern” reported sightings of Chinese research vessels in the Philippine Rise (formerly known as Benham Rise), which Marcos said is already a “clear intrusion into the Philippine maritime territory.”
He said the incident has also added to the tension in the WPS as the presence of Chinese ships are “absolutely unnecessary.”
The President said if it were truly a research vessel, the Philippines and China could have simply come to an agreement for those research vessels to ply the Philippine waters and do their research.
“However, there is a suspicion that they are not only research vessels so, again, this is a bit of an escalation of the tension that is present in the West Philippines Sea,” he added.
The Philippine or Benham Rise is, a seamount within the country’s EEZ and has prospects for oil and gas.
Former US Air Force officer Ray Powell reported the presence of two Chinese research vessels in the Benham Rise area last week. The Philippine Navy confirmed that the two Chinese vessels passed through the Philippine EEZ and said no law was broken as the research vessels were transiting the area as guaranteed with the 1982 United Nations Convention on the Law of the Sea (UNCLOS).
The PCG, however, had deployed the patrol vessel BRP Gabriela Silang on a two-week voyage in the area.
STOP VIOLENCE
Senate President Juan Miguel Zubiri demanded that Beijing “stop these violent” activities inside the country’s EEZ.
Zubiri said China’s “non-stop” use of excessive force on small Philippine vessels out on a resupply mission is only “creating the atmosphere of fear and violence” in the WPS “which we are trying to deescalate.”
“The use of excessive force is against UNCLOS (United Nations Convention on the Law of the Seas), and the rule of law of the sea… We demand that the Chinese government stop all these violent activities, all these provocative activities in Ayungin Shoal and the West Philippine Sea,” Zubiri said in a press conference.
Sen. Francis Tolentino, chairman of the Senate Special Committee on Maritime and Admiralty Zones, said China has no right to object to the Philippine Maritime Zones Act which was recently passed by the upper chamber.
“China said the arbitral ruling should not have been included in the Maritime Zones Law.
That’s wrong. China has no right to veto The Philippine Maritime Zones law, if approved [by the President] …China cannot stop the approval of that law because Philippines is a sovereign nation),” Tolentino said in Filipino.
Tolentino was referring to the statement of Chinese Foreign Ministry spokesperson Mao Ning on Tuesday, where she said that the Philippine Maritime Zones Law “has attempted to further enforce the illegal Arbitral award on the South China Sea by domestic legislation.”
Tolentino said the House is discussing ways to come up with a counterpart measure of the Senate’s Philippine Maritime Zones Act. — With Victor Reyes, Raymond Africa and Reuters