Philippines files diplomatic protest vs China’s Panatag baseline declarations

MANILA, Philippines — The Philippines filed yesterday a diplomatic protest over China’s baseline declarations around Panatag or Scarborough Shoal after the Philippines’ enactment of the Maritime Zones Act.

Beijing responded to the Philippines’ approval of two laws defining its sea lanes and maritime zones on Sunday by releasing baselines and base points of the territorial sea around Panatag, also called Bajo de Masinloc, which is within the Philippines’ 200-nautical-mile exclusive economic zone (EEZ), but claimed by Beijing as its territory.

The National Maritime Council said yesterday it objected to China’s establishment of baselines around Bajo de Masinloc which contravenes the United Nations Convention on the Law of the Sea (UNCLOS) and the final and legally-binding 2016 Arbitral Award.

The Philippines said it is a continuation of China’s 2012 illegal seizure of the shoal, which Manila continues to strongly oppose.

As of yesterday, the Philippines has filed 56 diplomatic protests against China.

President Marcos has shrugged off China’s criticism of the Philippines’ enactment of two laws that clearly define the country’s maritime boundaries and designated sea lanes, saying Beijing’s comments were no longer surprising.

Marcos said the Philippine Maritime Zones Act “serves its purpose” in reinforcing the country’s entitlement and jurisdiction over its waters.

“Well, it’s not unexpected but we have to define closely… We have been saying a lot that we have to protect our sovereign rights and our sovereignty,” the President told reporters after attending a tourism event in Parañaque City Monday night.

“So, it serves a purpose that we define closely what those boundaries are, and that’s what we are doing,” Marcos added.

The signing of the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act last week has angered Beijing, which summoned the Philippine ambassador to relay its “strong protest.”

Chinese Foreign Ministry spokesperson Mao Ning had said the signing of the measures “seriously infringes on China’s territorial sovereignty and maritime rights and interests in the South China Sea.”

The US, meanwhile, lauded the Philippines’ enactment of the Maritime Zones Act that seeks to further bolster the country’s sovereign rights over its waters, particularly the West Philippine Sea, in accordance with international law.

Marcos signed on Nov. 8 Republic Act 12064 or the Philippine Maritime Zones Act which clearly defines the extent and boundaries of the country’s maritime zones in accordance with the Constitution, the UNCLOS and the 2016 Arbitral Award.

The new law reaffirms the Philippines’ maritime entitlements and invalidated China’s claims in the South China Sea, Philippine officials said.

Also signed was RA 12065 or the Archipelagic Sea Lanes Act which designates three sea lanes in the country’s archipelagic waters and their corresponding air routes. These are the Celebes Sea, Sibutu Sea and Balintang Channel.

Marcos stressed RA 12064 is essential in establishing the extent of the country’s maritime jurisdiction “to ensure that our rights and duties as an archipelagic state are well-defined in order that all Filipinos can rightfully enjoy the riches of our seas.”

At the Association of Southeast Asian Nations summit in Vientiane, Laos last month, Marcos called on member-states of the regional bloc “not to turn a blind eye to the aggressive, coercive and illegal actions of an external power against an ASEAN member-state.”

Apart from the Philippines and China, other ASEAN members Vietnam, Malaysia and Brunei along with Taiwan have overlapping claims over the South China Sea.

The Philippines has been demanding that China adhere to international laws, including the UNCLOS and the 2016 arbitral ruling. Beijing continues to ignore the Arbitral Award.

Navy monitoring

As the country continues to tackle Chinese provocations at sea, the Philippine Navy said it was able to monitor and issue radio challenges to a total of 13,874 foreign and domestic vessels passing through Philippine waters and the country’s EEZ last month.

Of the vessels monitored, 11,097 were foreign ships, including 15 Chinese Coast Guard (CCG) boats and 14 People’s Liberation Army Navy (PLAN) warships that were seen transiting or passing through the vicinity of Panatag (Scarborough) Shoal also known as Bajo de Masinloc, Sabina Shoal, Julian Felipe Reef and the Rozul (Iroquois) Reef.

Philippine Navy spokesman for the West Philippine Sea Rear Admiral Roy Vincent Trinidad said the Chinese vessels were not stationary but were still illegally within the country’s EEZ. Only 29 of the vessels were deemed to have illegally passed through the country’s EEZ, while the rest exercised freedom of navigation.

Trinidad said the release of the Philippine Navy’s October report shows the capability of the Armed Forces of the Philippines to monitor the country’s maritime domain. — Michael Punongbayan, Helen Flores