Govt summons Chinese envoy, files protest
BY VICTOR REYES and ASHZEL HACHERO
THE National Task Force for the West Philippine Sea (NTF-WPS) yesterday said government will never abandon Ayungin Shoal (Second Thomas) in the West Philippine Sea, site of numerous incidents of Chinese harassment, the latest of which was last Saturday’s water cannoning of Philippine vessels.
In a press briefing, NTF-WPS spokesman and National Security Council assistant director general Jonathan Malaya also said the shoal, which is about 108 nautical miles from Rizal in Palawan, is technically under Chinese blockade.
“For the record, we will never abandon Ayungin Shoal. We are committed to Ayungin Shoal,” Malaya said in a joint press conference at the Department Foreign Affairs with the National Security Council, the Armed Forces, and the Philippine Coast Guard.
Last Saturday, six vessels of the China Coast Guard (CCG) and two Chinese maritime militia vessels subjected to repeated dangerous maneuvers and water cannoning two vessels of the Philippine Coast Guard (PCG) and two indigenous boats near the shoal.
The indigenous boats, escorted by the PCG vessels, were chartered by the military to deliver supplies and troops to Ayungin Shoal. Filipino troops stationed in Ayungin Shoal are staying at a grounded Navy ship, BRP Sierra Madre.
The Department of Foreign Affairs filed a diplomatic protest and summoned Chinese Ambassador Huang Xilian over the latest harassment incident.
It was the 35th diplomatic protest lodged by Manila against Beijing over the intrusion and aggressive activities of its coast guard and maritime militia vessels in the WPS since January this year, and the 445th such protest since 2020.
President Ferdinand Marcos Jr. said the country continued to assert its sovereignty and territorial rights despite challenges in the South China Sea. He also said the Philippines had relayed its complaint against China.
China claims sovereignty over almost the entire South China Sea and the Spratly island, which consists of many islets, reefs banks and shoals and lie in the center of South China Sea and along major shipping lanes.
The island is claimed by China, Vietnam, Taiwan, Brunei, Malaysia and the Philippines.
Malaya said China might be “looking for weaknesses in the Philippine position or are trying to gauge our commitment to resupply,” thus the continuing Chinese harassment in Ayungin Shoal.
“We are here precisely to reassure the Filipino people that, as directed by our President… we will not lose an inch or our territory,” said Malaya.
BLOCKADE
Malaya said BRP Sierra Madre is a commissioned Navy vessel, “therefore we will continue to resupply, we will do what is necessary to provide supplies and provisions for our troops there.”
He likened what happened last Saturday in Ayungin to a “David versus Goliath situation.” He noted that six CCG ships and two Chinese maritime militia vessels were directly involved, plus three Chinese Navy ships observing near the area, against two PCG vessels and two civilian boats.
“So technically this looks like a blockade of the Ayungin Shoal because the facts on the ground… clearly showed the increased deployment of the Chinese Coast Guard vessels. I think that’s the most number (in Ayungin) in recent memory,” he said.
Malaya said the Philippines “strongly condemns” the “aggressive, dangerous and unlawful actions” by the Chinese in Ayungin Shoal, which is well within the country’s 200-nautical mile exclusive economic zone (EEZ).
Malaya said the “repeated water cannoning and continuous dangerous maneuvers” by the CCG and Chinese maritime militia vessel placed the lives of the crew of the Philippine vessels at risk, in violation of humanitarian and international law.
He said one of the supply boats failed to bring much-needed food, water, supplies and other provisions to Ayungin Shoal “because of the dangerous and unlawful tactics employed” by the CCG vessels and Chinese maritime militia vessels.
The second boat, Malaya said, “was able to break the blockade and successfully delivered much-needed supplies and provisions to BRP Sierra Madre. “
“At one point, a CCG vessel blocked the way of a PCG vessel within 20 yards, a maneuver that could have resulted in a collision that was only abated by the skill and quick thinking of our coast guard officers,” he said.
‘UNMISTAKABLE VIOLATION’
He said China’s actions were “clear and unmistakable violation” of domestic laws, the Convention on the International Regulation for Preventing Collisions at Sea, the UN Convention on the Law of the Sea, and the 2016 Permanent Court of Arbitration that recognized Philippine rights in the West Philippine Sea.
“The Chinese Coast Guard and the Chinese militia vessels have no right whatsoever to place a blockade or impede or otherwise control the movement of the Philippine Coast Guard and Philippine supply boats in Ayungin Shoal or anywhere else in the West Philippine Sea especially when they are undertaking a mission to resupply our troops stationed there,” said Malaya.
“We demand the government of the People’s Republic of China to immediately cease and desist all its coercive, unlawful and unacceptable activities in the West Philippine Sea,” added Malaya.
He stressed the Philippine government “will continue to uphold sovereign rights and preserve our nation’s sovereignty and territorial integrity.”
Malaya assured the Filipino people that the government will “will not lose any inch of our territory.
“We will never waver in our determination to resupply our troops stationed in Ayungin Shoal and other Philippine-occupied features,” he said.
OTHER CLAIMANTS
Malaya said the government will also “pursue constant dialogue and diplomatic approaches with other claimants towards the resolution of any issue that may arise.”
Commodore Jay Tarriela, PCG spokesman for the West Philippine Sea, said the Chinese started shadowing the PCG vessels and the two boats a day earlier near Sabina Shoal.
Tarriela said the dangerous maneuvers of the Chinese successfully separated the PCG vessels from the indigenous boats, leading to the water cannoning incident.
Against one of the supply boats, Tarriela said “they (Chinese) carried out a very dangerous maneuver as if they were going to ram the supply boat from behind.”
He said one of the PCG vessels, during the Chinese dangerous maneuver” “had to stop its engine, otherwise it’s going to ram the Chinese Guard (vessel).”
Tarriela said the Chinese maritime militia vessels were tapped by the Chinese Coast Guard to prevent a second attempt by the supply boat to enter Ayungin Shoal.
Tarriela declined to answer questions as to what is the end goal of China in Ayungin Shoal.
Armed Forces spokesman Col. Medel Aguilar said the boats were carrying supplies to make sure “they (troops in Ayungin) have food to eat, water to drink, and (they will have) other supplies needed.”
Aguilar said the military has already increased assets deployed in the West Philippine Sea in the past to conduct maritime patrols. He did not elaborate on the number due to “security considerations.”
On the China Coast Guard’s appeal to the Philippines to remove BRP Sierra Madre from Ayungin Shoal and return the shoal to its original state, Aguilar said: “Who is China Coast Guard to tell us what to do.”
On the dilapidating condition of BRP Sierra Madre, Aguilar said: “We will do what is necessary to make sure that it will continue to stand there.”
China said it had earlier told Manila not to send ships to the shoal and not to send “construction materials used for large-scale repair and reinforcement” to the warship after it learned of this recent supply plan, the Chinese coast guard said in a statement on Monday.
China’s Foreign Ministry said that the Philippines’ move violated China’s sovereignty and the Declaration on the Conduct of Parties in the South China Sea. It said the vessel was stopped in “accordance with the law.”
The Chinese Coast Guard’s use of water cannons on Saturday was not the first, as it also sprayed water at Manila’s boats on a mission to supply food and water, for a handful of troops living aboard the rusty warship In November 2021.
‘STRONG PROTEST’
Foreign Affairs spokesperson Teresita Daza said Undersecretary Theresa Lazaro summoned Huang to express the country’s “strong protest” over the Ayungin Shoal incident.
“This is to convey to the Chinese ambassador the strong protest over the water cannoning incident against Philippine ships doing regular resupply operation to Filipino personnel in Ayungin Shoal,” Daza said in the joint press conference.
“The note verbale has actually been issued this morning by Usec Lazaro,” she added.
Daza said Lazaro reminded Huang of China’s obligations under the United Nations Convention on the Law of the Sea (UNCLOS) and its commitments under a non-binding Code of Conduct in the South China Sea.
She added that Lazaro also reiterated to Huang the country’s position that the 2016 arbitral ruling that junked China’s sweeping claim in the South China Sea is final, binding, and must be complied with and respected by China.
Daza said Ambassador to China Jaime FlorCruz also relayed the government’s protest to the Chinese Foreign Ministry.
“Our ambassador in Beijing also called the Foreign Ministry to protest in strong terms what happened,” she said.
Daza said the DFA will continue lodging protests against the Chinese ships’ activities in the country’s waters.
“It is important for us to continue to assert what is ours so as not to allow the Chinese to continue its narratives,” she said.
“We will exhaust all fora and mechanisms so that we can bring to the fore the Philippine position on what is happening in our waters. The filing of diplomatic protest is another action, the summoning of the ambassador is another action, but each case will determine what actions will be undertaken by the DFA,” she said.
Daza reiterated Ayungin Shoal is “is a low-tide elevation that is part of the Philippines exclusive economic zone and continental shelf, pursuant to the 1982 UNCLOS and as affirmed by the 2016 Arbitral Award. The Philippines exercises sovereign rights and jurisdiction over Ayungin Shoal.”
Daza acknowledged the incident added tension the relations between the Philippines and China.
“We value our relations and we hope they also value the relation with the Philippines. But this incident does provide tension to our bilateral relations,” she said, adding the resupply mission was a routine activity within the country’s EEZ and China “has no right or legal basis to prevent us from exercising our sovereign rights.”
“China cannot therefore lawfully exercise sovereignty in the area. Interference with Philippine legitimate operations and resupply operations including the use of water cannons constitutes a violation of international law,” she said.
‘STOP ILLEGAL ACTIVITIES’
The DFA demanded that China stop its coercive and unlawful activities in the WPS as it stressed that the 2016 arbitral ruling proves that the Philippines has exclusive rights over the area.
“The Philippines demands that China immediately stop its illegal activities in our maritime zones. As a low-tide elevation, Ayungin Shoal can neither be a subject of a sovereign claim nor is it capable of appropriation under international law. A fact affirmed by the 2016 Arbitral Award. China cannot lawfully exercise sovereignty over it,” Daza said.
The 2016 arbitral ruling junked China’s sweeping claims in the South China Sea, including the WPS, saying that its so-called nine dash line which it based its claim on has no legal or historical basis.
The President, in an interview in Bulacan, said the Philippines would continue to communicate with the Chinese government led by President Xi Jinping “because we need to really come to a conclusion.”
“We continue to assert our sovereignty, we continue to assert our territorial rights in the face of all these challenges and consistent with the international law and UNCLOS especially… that is always been our stand but we still have to keep communicating with the Chinese government, with President Xi, with Beijing because we really need to come to a conclusion,” Marcos said.
US SUPPORT
Senate President Juan Miguel Zubiri said the US has reaffirmed to protect the Philippine sovereign rights in the WPS.
This was after US Sen. Tammy Duckworth visited the Senate where the lawmakers had a “fruitful” discussion on the US-Philippines relation.
Zubiri said Duckworth “shares our strong resolve to pursue Freedom of Navigation and the Rule of Law as dictated by the UNCLOS (United Nations Convention on the Law of the Seas).”
“She relayed that the US is squarely behind their oldest treaty ally when it comes to protecting our sovereignty in the WPS,” Zubiri added.
Duckworth visited the Senate on Monday morning with US Ambassador MaryKay Carlson, during which they discussed the China issue with Zubiri, Senate President pro tempore Loren Legarda, and Sen. Francis Tolentino, aside from defense, renewable energy, environment, and trade.
No more details were provided by Zubiri on their talks with the US officials.
Senate deputy minority leader Risa Hontiveros urged the Marcos administration to ban the Chinese Communication Construction Co. and its subsidiaries operating in the Philippines.
“China is not a friend. She is not even a good neighbor… Banning one of their state-owned companies is a way to tell China that we will not tolerate any abuse anymore,” Hontiveros said in a statement.
She said loan application processes for major CCCC-funded projects in the country have been terminated by former Finance Secretary Carlos Dominguez, but the Marcos administration resumed the negotiations.
“It is in the interest of the Philippines to decline any CCCC funding as well,” she said.
‘DRASTIC ACTION’
At the House, Cagayan de Oro City Rep. Rufus Rodriguez said it is time for the President to take “more drastic” actions against China for its latest “harassment and bullying tactic.”
“I ask the President to downgrade our embassy in Beijing to show our deep indignation, anger and protest over the water cannon blast by the Chinese Coast Guard on our personnel,” he said. “The President should also order our unusually quiet and inactive ambassador there to return to Manila and to replace him with a lower-level diplomatic officer.”
Rodriguez said the administration “should now firmly address these continuous violations of our sovereignty rights over the West Philippine Sea.”
“We cannot allow these harassment and bullying tactics and encroachment on our maritime territory to continue. We have to take more drastic actions, instead of filing the usual diplomatic protest note,” he said.
He added that he would file a resolution condemning the Chinese Coast Guard and calling for the downgrading of the country’s diplomatic representation in China, which would “effectively shrink our ties with Beijing.”
Rep. Arlene Brosas (PL, Gabriela), a member of the Makabayan bloc, condemned China’s action, saying the firing of water cannons is “unacceptable and violates international law.”
“This a critical point for the Philippine government to stand with the Filipino people and end this one-sided diplomatic dance with China. President Marcos Jr. must openly condemn China’s aggressive actions in the West Philippine Sea which continues to threaten the livelihood and security of our fisherfolk and coastal communities,” Rep. Arlene Brosas said.
Camarines Sur Rep. Luis Raymund Villafuerte, president of the National Unity Party (NUP), urged the government to press ahead with its planned joint patrols in the WPS with the United States and possibly with other allies.
“Our NSC (National Security Council) expects the proposed maritime patrols with the US to begin happening before the year is over,” Villafuerte said. “Under the circumstances, it is my hope that such joint sails can start much sooner and possibly include other allied nation that have similarly condemned China’s illegal maneuvers and strive for peace and stability in the crucial international waterway.” — With Jocelyn Montemayor, Raymond Africa, Wendell Vigilia, and Reuters
