‘China’s clam harvesting violates Philippines sovereignty’

MANILA, Philippines —  Malacañang yesterday described as an “affront” to Philippine territory and sovereignty the harvesting of giant clams in Panatag (Scarborough) Shoal by Chinese ships as the Department of Foreign Affairs (DFA) announced it would take legal action against China over the incident.

As this developed, the Supreme Court (SC) was asked to compel the government to protect disputed shoals in the West Philippine Sea where Chinese fishermen have reportedly been harvesting marine resources.

A senior Navy official also said Chinese militia vessels continue to maintain their presence within the country’s Kalayaan Island Group (KIG) and that they appear to be just sailing from one place to another in the region.

As regards the harvesting of giant clams, presidential spokesman Salvador Panelo said China’s action was consistent with its claim that it owns Panatag Shoal, which is well within the Philippines’ exclusive economic zone.

“They are just being consistent with themselves. We have to be consistent with ours. As far as we are concerned, that is ours so we will be objecting to any intrusion into our own territory,” Panelo said at a press briefing. 

Panelo and Foreign Secretary Teodoro Locsin Jr. said the department has filed a diplomatic protest after catching the Chinese ships collecting the giant clams.

On Twitter, Locsin said the government “will be taking legal action” and that he was “with our legal department now” as he replied to a netizen who shared ABS-CBN’s report about the incident.

ABS-CBN News reported that the Chinese Coast Guard drove its team away from Panatag Shoal while wooden trollers bearing the Chinese flag extracted giant clams. 

Panelo was mum on the role that the United States, the Philippines’ military ally, will play amid the new developments in the West Philippine Sea. 

“We will wait for the President’s decision on that… These are very serious matters and require serious study,” Panelo said.

He said the administration is still awaiting China’s response on the protest. 

Protect Phl territory

In a 34-page petition filed through the Integrated Bar of the Philippines yesterday, a group of fishermen from Palawan and Zambales asked the high court to issue a writ of kalikasan and writ of continuing mandamus ordering the government to protect, preserve and rehabilitate the environment in Panatag Shoal, Ayungin Shoal and Panganiban (Mischief) Reef amid unabated Chinese intrusions into these areas.

They sought relief from the SC against what they called “neglect of performance of the duties of the government in violation of environmental laws resulting in environmental destruction or damage in the shoals.”

Petitioners specifically named as respondents in the petition the Department of Environment and Natural Resources, Department of Agriculture, Philippine Navy, Philippine Coast Guard, Philippine National Police and Department of Justice.

“Respondents have failed to perform their duties as mandated in the above-mentioned environmental laws and regulations,” they alleged, referring to lack of action taken against the activities of Chinese fishermen in the areas.

“Chinese fishermen harvested endangered and threatened species and used cyanide and explosives in their fishing... the marine environment and resources in the above-mentioned areas were damaged severely and extensively in spite of adequate Philippine laws to protect them. Clearly, the damage is brought upon by lack of enforcement of Philippine environmental laws by respondents,” they argued.

Petitioners also cited the island-building activities in Panganiban Reef as the Permanent Court of Arbitration found in its ruling in 2016.

“Based on compelling evidence, expert reports and critical assessment of Chinese claims described above, the Tribunal has no doubt that China’s artificial island-building activities on the seven reefs in the Spratly Islands have caused devastating and long-lasting damage to the marine environment,” they added.

The group explained that Ayungin Shoal and Panganiban Reef are part of the country’s EEZ as declared by the PCA.

They said Panatag Shoal, on the other hand, is part of the EEZ under Republic Act 9522 or the Philippine Baselines Law, thus these areas should be covered by environmental laws of the country such as the Philippine Fisheries Code.

Petitioners said they sought relief from the SC because they “have no other plain, speedy and adequate remedy as petitioners are complaining of acts by the government agencies themselves who are supposed to be upholding Philippine environmental laws and protecting the environment and resources in Philippine territory.” 

‘They never left’  

Vice Admiral Rene Medina, commander of the Palawan-based Western Command (Wescom), meanwhile, said the hundreds of Chinese vessels in KIG are still in the area.

“Paikot ikot lang (Just roaming around),” said Medina in a chance interview on the sidelines of a meeting on the upcoming elections at Camp Aguinaldo yesterday morning.

Armed Forces of the Philippines chief Gen. Benjamin Madrigal Jr. said latest report reaching him showed that there are still more than “200 Chinese maritime vessels” inside KIG.

Madrigal said these Chinese “fishing boats” believed to be Chinese maritime militia of the China People Liberation Army-Navy were being monitored by the military in several areas in KIG on a daily basis.

Asked if the Chinese vessels were also monitored in an unoccupied Jackson Atoll and Half Moon Shoal, Medina said yes but did not elaborate.

Located near Panganiban Reef, Jackson Atoll, which once served as the fishing ground and sanctuary of Filipino fishermen, was previously monitored to have been converted into a “parking area” for Chinese warships and fishing boats.

The large presence of Chinese maritime militia vessels close to Pag-asa Island last month has triggered speculations among local and regional defense experts that Beijing is planning to occupy the area where Kalayaan, a fifth class municipality of Palawan, is located.

The DFA said the “swarming” of Chinese vessels near Pag-asa in the West Philippine Sea is “illegal” and a clear “violation” of Philippine sovereignty.

The DFA stressed Pag-asa Island is an integral part of the Philippines over which it has sovereignty, sovereign rights and jurisdiction.

“‘Swarming in unison’ is definitely not traditional fishing under any definition,” Locsin said on Monday.

Locsin said the Philippines will never abandon the Hague ruling that invalidated China’s claim over the whole of the West Philippine Sea “nor concede an inch of the reefs taken from us.”

“No and never,” Locsin said.

However, Panelo and Locsin said negotiations with China over the maritime and territorial dispute will continue.

“Do we want to cut ourselves off from this rising economic dynamo without parallel in speed and scale in world history? Think. It may be a new experience,” Locsin said.

Asked when is the right time to raise the arbitral ruling, Locsin said: “Such rashness will more certainly lead to a worst result. Meanwhile I am thinking of a military draft of critics of our foreign policy to lead the attack and test the waters.”  –  With Edu Punay, Jaime Laude