National maritime body protests illegal presence of China vessels

MANILA, Philippines — The Philippines has protested the “illegal” presence and “escalatory” actions of a Chinese helicopter and ships within the country’s exclusive economic zone (EEZ), saying they disregarded local and international laws and were not in line with the exercise of freedom of navigation and innocent passage.

The National Maritime Council (NMC) said the illegal presence and operations of China Coast Guard vessels CCG 5901 and CCG 3304 were detected on Jan. 5 and 10, respectively, in and around the waters of Panatag Shoal or Bajo de Masinloc and about 70 to 90 nautical miles from the coastlines of Zambales province.

According to the NMC, the Philippine Coast Guard (PCG) continuously challenged the two CCG vessels and told them to leave the area immediately.

China also deployed a People’s Liberation Army-Navy helicopter that hovered above a PCG vessel, a move that the NMC labeled as “provocative.”

“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,” the NMC said in a statement yesterday.

The council described China’s actions as “clear violations” of the Philippine Maritime Zones Act and international law, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS) and the 2016 arbitral ruling that affirmed the Philippines’ sovereign rights in its maritime zones, especially in the West Philippine Sea.

The landmark ruling, which stemmed from a case filed by the Philippines, also invalidated China’s expansive maritime claim in the South China Sea.

“In view of the situation, the Philippines has filed the appropriate diplomatic protest to counter China’s recent illegal actions in the WPS (West Philippine Sea),” the council said, referring to the part of the South China Sea that is within the Philippines’ 200-mile EEZ and continental shelf.

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

Based on UNCLOS

The council, led by Executive Secretary Lucas Bersamin, said China’s actions are inconsistent with the exercise of freedom of navigation and innocent passage as well with as the exercise of rights and observance of duties by other states in the Philippines’ EEZ under the Philippine Maritime Zones Act, UNCLOS and the 2016 arbitral ruling.

The NMC pointed out that the Philippines has long-standing sovereignty over Bajo de Masinloc and its territorial sea and has sovereign rights and jurisdiction beyond the shoal’s territorial sea and over waters within its EEZ measured from its lawful archipelagic baselines.

The maritime zones, as declared in the Philippine Maritime Zones Act, are in accordance with the UNCLOS and the arbitral ruling, the council added.

“China does not have any basis to conduct law enforcement activities or maritime patrols over these waters,” the NMC said.

“The Philippines remains resolute in asserting and protecting its sovereignty, sovereign rights and jurisdiction in the WPS and urges China to observe Philippine laws and comply with its obligations under international law, particularly UNCLOS,” it added.

The council said the Philippine government remains committed to continuing 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.

With China’s “monster ship” back in Zambales, Sen. Risa Hontiveros said the Philippines must work on strengthening alliances with friendly nations whose coast guards can help patrol the West Philippine Sea.

“China is not starting the year right. Instead of keeping the peace in the region, she has chosen to create more disturbance,” Hontiveros 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.

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

Senate President Pro Tempore Jinggoy Estrada, for his part, called for a “comprehensive and proactive response” from the government to China’s repeated incursions.

“I have said many times, we have the legal grounds to fight for our rights. The Arbitral Award, a landmark ruling issued on June 12, 2016, by the Permanent Court of Arbitration, affirmed our claim to sovereign rights in the maritime areas of the West Philippine Sea,” Estrada said.

Former senator Francis Pangilinan has also strongly condemned China’s latest acts of aggression in the West Philippine Sea.

“We should not be intimidated even if China is bigger and more powerful than us. We will not let China bully us,” he said in Filipino.

On Sunday, PCG Commodore Jay Tarriela reported that the “monster ship,” with bow number 5901, was spotted “approximately 95 nautical miles off the coast of Zambales” by PCG’s BRP Teresa Magbanua.

“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,” according to Tarriela.

He said the PCG would “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.” — Cecille Suerte Felipe, Ghio Ong