Protest filed vs China’s moves at WPS

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THE Philippines has filed a diplomatic protest against China over the illegal presence and activities of Chinese vessels, including its Coast Guard’s (CCG’s) “monster ship,” in the country’s exclusive economic zone and territorial sea, the National Maritime Council (NMC) said yesterday.

It was not clear when the diplomatic protest was filed.

In a statement, the NMC said the Philippine government remains committed to sustaining and intensifying its legitimate maritime law enforcement and patrol operations and to safeguarding and providing humanitarian support to Filipino fisherfolk in the West Philippine Sea (WPS).

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The NMC said recent actions by China’s vessels are clear violations of the Philippine Maritime Zones Act (Republic Act 12064) and international law, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 Arbitral Ruling that affirmed Manila’s sovereign rights in its maritime zones, especially in the West Philippine Sea.

It added that the actions of China’s vessels and aircraft are also inconsistent with the exercise of freedom of navigation and innocent passage as well as the exercise of rights and observance of duties by other States in the Philippines’ EEZ under the Philippine Maritime Zones Act, 1982 UNCLOS and the 2016 Arbitral Ruling.

“The Philippines objects to the continued illegal presence and activities of Chinese maritime forces and militia within the country’s territorial sea and Exclusive Economic Zone (EEZ),” it said.

“The Philippines strongly opposes the continued illegal presence and operations of the CCG vessels, as well as the provocative actions of the PLA-N (People’s Liberation Army-Navy) helicopter, within the country’s maritime zones. The escalatory actions of these Chinese vessels and aircraft clearly disregard Philippine and international laws,” it added.

In a news conference, Chinese foreign ministry spokesperson Guo Jiakun said that its coast guard “patrol and law enforcement activities” were “reasonable, lawful and beyond reproach.”

“China urges the Philippine side to cease its malicious hype,” Guo said.

The NMC said that CCG vessels 5901 and 3304 were detected on January 5 and January 10, respectively, in and around the waters of Bajo de Masinloc and about 70-90 nautical miles from the coastlines of Zambales.

It said the Philippine Coast Guard (PCG) continuously challenged and told CCG 5901 and CCG 3304 to leave the area immediately.

It added that the Chinese government also deployed a PLA-N helicopter that hovered above a PCG vessel that was lawfully conducting its mandate in a peaceful, non-provocative, and professional manner.

The NMC said the Philippines has a long-standing sovereignty over Bajo de Masinloc and its territorial sea, and beyond its territorial sea that is within the Philippines’ EEZ, as measured from its lawful archipelagic baselines.

It added that these maritime zones, as declared in the Philippine Maritime Zones Act, are in accordance with the 1982 UNCLOS and the 2016 Arbitral Ruling.

“China does not have any basis to conduct law enforcement activities or maritime patrols over these waters. The Philippines remains resolute in asserting and protecting its sovereignty, sovereign rights and jurisdiction in the WPS,” the NMC said.

“(The Philippines) urges China to observe Philippine laws and comply with its obligations under international law, particularly UNCLOS. China should direct its vessels to desist from conducting illegal actions that violate the Philippines’ sovereign rights in its EEZ,” it added.

The NMC said the Philippine government remains committed to sustaining and intensifying its legitimate maritime law enforcement and patrol operations, and safeguarding and providing humanitarian support to Filipino fisherfolk in the WPS.

The Philippines and China have had several rows in the past in the wake of aggressive actions by China in the WPS/ South China Sea.

China has made a sweeping claim over almost the entire South China Sea based on its nine-dash line theory – later amended as the 10-dash line – which was invalidated by the international arbitral court in 2016.

China’s claims overlap with the territorial claims of several countries, including the Philippines, Vietnam, Malaysia, Brunei and Taiwan.

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VIGILANT MONITORING

A PCG vessel monitoring a Chinese Coast Guard (CCG) vessel off Zambales encountered “challenging sea conditions” last Sunday, according to PCG spokesman Commodore Jay Tarriela.

Despite these conditions, however, the PCG remains committed to protecting the country’s maritime territory against the Chinese, Tarriela said.

“Despite adverse sea conditions with estimated wave heights of three to five meters, the Philippine Coast Guard vessel, BRP Teresa Magbanua (MRRV-9701), continues to conduct vigilant monitoring of the illegal presence of the Chinese Coast Guard vessel 5901,” said Tarriela.

He said the Chinese vessel “has been kept at a considerable distance of approximately 95 nautical miles off the coast of Zambales.”

Two other CCG vessels have been monitored in the area since January 4, including CCG 5901, known as “The Monster,” reportedly the world’s largest coast guard vessel.

“Additionally, the PCG is actively conducting radio challenges to address the unlawful presence of the Chinese Coast Guard within the Philippines’ Exclusive Economic Zone,” said Tarriela.

Tarriela earlier said the presence of the Chinese vessels in Zambales is rooted in China’s 10-dash line claim in the South China Sea.

He has also said that China’s goal is to normalize such deployments. If these are not unchallenged, Tarriela said this will enable the Chinese to “alter the existing status quo.”

“As highlighted in the PCG’s analysis of satellite imagery tracking the movements of the CCG vessels, it is crucial for the Philippines to persistently challenge their presence to prevent the normalization of their illegal activities, which could ultimately lead to a successful alteration of the status quo,” said Tarriela in a statement last Sunday night.

“The PCG will continue to fulfill its patriotic duty to guard and protect our maritime jurisdiction against actors that disregard international law, all while ensuring that tensions remain non-escalatory,” added Tarriela.

ESTRADA WEIGHS IN

Senate president pro tempore Jinggoy Estrada said it is high time the government took a “comprehensive and proactive response” on China amidst its coast guard’s continuous incursions in the country’s exclusive economic zone.

In a statement, Estrada said the Philippines has all the legal basis to assert its rights in the maritime areas of the West Philippine Sea where the China Coast Guard “monster ship” was repeatedly sighted.

“I think it’s crucial to take action now. We need a proactive, united, and sustained approach to protect our rights and ensure the safety and security of our people. The Philippines will not yield to coercion or intimidation when faced with challenges to our sovereignty,” he said.

He said the Philippine government must assert its rights in the WPS based on the 2016 Arbitral Ruling of the Permanent Court of Arbitration.

“Likewise, the Senate has consistently recognized the seriousness of China’s actions against the Philippines. On August 1, 2023, it adopted a united and strong stance (Resolution No. 79) condemning the ongoing harassment of Filipino fishermen and the intrusions into the West Philippine Sea by Chinese Coast Guard and militia vessels. The Senate also urged the government to take appropriate measures to assert and secure our sovereign rights within our exclusive economic zone and continental shelf,” he added.

Senate deputy minority leader Risa Hontiveros said China is not starting the new year right by creating “more disturbance” instead of keeping the peace in the region.

“As I insisted before, Malacanang should start filing new cases before an international court. Beijing’s ships will only keep coming back if we do not take appropriate measures,” she said.

“In the meantime, we must work on strengthening alliances with like-minded nations whose coast guards can patrol with ours. Together, let us show China that no ‘monster’ ship can scare us,” she added. – With Victor Reyes, Raymond Africa, and Reuters

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