THE Department of Foreign Affairs (DFA) has fired off two new diplomatic notes “in protest of the continued deployment, lingering presence, and activities of Chinese vessels in Philippine maritime zones.”
The presence of these vessels blatantly infringe upon Philippine sovereignty, sovereign rights and jurisdiction, the DFA said.
The reference to Philippine sovereignty in the West Philippine Sea (WPS) “referred to violations of our sovereignty in areas where Chinese vessels intruded upon our territorial waters, while violations of our sovereign rights is what applies to Chinese vessels intruding and fishing in our EEZ (exclusive economic zone), which is reserved for the Philippines sole economic use,” explained Ivy Banson-Abalos, executive director of the DFA Strategic Communications Office.
“Chinese vessels in Julian Felipe Reef and Ayungin Shoal which are part of PH’s EEZ are therefore violating our sovereign rights to the area,” she added.
The new diplomatic protests filed on Wednesday, April 21, were in addition to the daily protests being filed by the DFA against the continuing presence of Chinese vessels in Julian Felipe Reef.
As of April 20, 2021, Philippine maritime law enforcement agencies observed the continued unauthorized presence and activities of a total of 160 Chinese Fishing Vessels and Chinese Maritime Militia Vessels in Philippine waters.
The DFA said the vessels were observed within the territorial sea of high tide features in the Kalayaan Island Group, in the Philippine Exclusive Economic Zone (EEZ), and in and around the territorial waters of Bajo de Masinloc.
Meanwhile, five Chinese Coast Guard vessels with bow numbers 3103, 3301, 3305, 5101, and 5203 were seen deployed within the vicinities of the Pag-asa Islands, Bajo de Masinloc and Ayungin Shoal.
“Through these protests, the DFA reminded China that Bajo de Masinloc, Pag-asa Islands, Panata, Parola, Kota Islands, Chigua and Burgos Reefs are integral parts of the Philippines over which it has sovereignty and jurisdiction.”
The DFAadded: “The Philippines exercises sovereign rights and jurisdiction over Julian Felipe Reef and Ayungin Shoal.”
The massing of more than 200 Chinese blue-hulled vessels, dubbed People’s Armed Forces Maritime Militia (PAFMM), in Julian Felipe Reef was reported by the Philippine Navy first week of March. This became the basis for the filing of diplomatic protests by the DFA.
Chinese Ambassador Huang Xilian said the fishing vessels were seeking refuge in the calm waters of Julian Felipe, which they call Niu’e Jiao, “which is part of Nansha Island.”
Atmosphere of instability
The DFA then filed anothere diplomatic note, warning that it would continue to do so daily, until the PAFMM has left the area. Subsequent satellite photographs provided to the Armed Forces showed the vessels have left the boomerang-shaped lagoon, but have dispersed in nearby reefs and atolls.
“The continued swarming and threatening presence of the Chinese vessels creates an atmosphere of instability and is a blatant disregard of the commitments by China to promote peace and stability in the region,” the DFA said.
“The DFA has been demanding that China adhere to international law, including the 1982 United Nations Convention on the Law of the Sea (UnclosS), the final and binding Arbitral Award of the 12 July 2016 South China Sea Arbitration.”
“It has also reminded China of its commitments under the 2002 Asean-China Declaration on the Conduct of Parties in the South China Sea, in particular the exercise of self-restraint pursuant to Paragraph 5 thereof, in order to maintain an atmosphere conducive to the ongoing negotiations for a Code of Conduct in the South China Sea.”
The COC has been in the process of completion for the last two decades, and analysts have said was being deliberately delayed by China until it has completed its island-building in the disputed waters.
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