Manila threw a string of protests at Beijing for two incidents of alleged harassment by Chinese Coast Guard vessels within the Philippine exclusive economic zone and unilateral imposition of the fishing moratorium in the South China Sea.
According to the Department of Foreign Affairs, they have summoned a senior official at the Chinese Embassy in Manila to protest the harassment by Chinese Coast Guard on a Taiwanese vessel doing marine scientific research off Balabac Island in Batanes.
On March 24, RV Legend was conducting hydrographic surveys with Filipino scientists from the University of the Philippines on board, when a Chinese Coast Guard vessel based jn Panganiban (Mischief) Reef began shadowing it dangerously close at a distance of 2-3 nautical miles.
Taiwan also dispatched its own Coast Guard from Pratas Island and maneuvered to keep the Chinese Coast Guard away from the Taiwanese research vessel. However, the Chinese Coast Guard vessel continued to shadow RV Legend, even when it came close to thePanatag (Scarborough) Shoal near Zambales.
The Philippine Coast Guard also dispatched its own vessel, BRP Capones, to secure RV Legend. When the Taiwanese vessel returned to Taiwan in April 9, the Chinese Coast Guard stopped its tailing.
“The Philippine Department of Foreign Affairs takes appropriate diplomatic action for violations of Philippine sovereignty, sovereign rights within our maritime jurisdiction,” the DFA said.
The DFA also said that “illegal activities” around Ayungin Shoal “are subject of diplomatic protests.”
Without specifically mentioning the specific incident, the DFA asserted that the Philippines exercises sovereign rights and jurisdiction over Ayungin Shoal. It claimed that the 2016 United Nations arbitration tribunal affirmed Its claim that its part of its exclusive economic zone and continental shelf.
Washington DC-based think tank Asian Maritime Transparency Initiative had earlier reported that the research vessel of the Department of Agriculture’s Bureau of Fisheries and Aquatic Resources, M/V BFAR, was pursued by a Chinese Coast Guard vessel at extremely close range at a distance of only 100 meters multiple times on April 21. Two Hainan-based militia vessels also closed in, pressuring the M/V BFAR to retreat towards the Philippine-occupied Pag-asa Island.
AMTI also reported that another Philippine Coast Guard vessel, BRP Cape Engaño, also experienced harassment from Chinese Coast Guard and a militia vessel when it was approaching Ayungin Shoal. Three more Chinese militia vessels also shadowed Cape Engaño as it drew 6 nautical miles near Ayungin Shoal. A standoff ensured for several hours, after which Cape Engaño turned toward unoccupied Whitsun Reef.
Pending a detailed report, the DFA has yet to file a diplomatic protest on another incident involving a Norwegian vessel and supply ship contracted by a private firm, PXP Energy Corp., to do seismic survey near the Recto (Reed Bank). But offhand it said that based on initial report, the harassment incidents “are not consistent with innocent passage and are clear violations of Philippine maritime jurisdiction.”
“The DFA notes that only the Philippine Coast Guard has enforcement jurisdiction over these waters. The presence of foreign vessels following tracks that are not continuous nor expeditious, that are not consistent with Article 19 of UNCLOS, are against the interest of the Philippines,” it added.
Meanwhile, the DFA on Monday has also fired off a note verbale, protesting China’s “unilateral imposition” of a three-and-half-month fishing moratorium in areas of the South China Sea. The areas covered waters and land features north of the 12 degrees North latitude, including the West Philippine Sea, which Manila claims to have “sovereignty, sovereign rights, and jurisdiction.”
The fishing ban, which China imposes every year year, is expected to last until 16 August 2022.
The DFA cited the 2016 arbitration ruling again that China’s fishing ban within Philippine EEZ breached Article 56 of the 1982 UN Convention on the Law of the Sea (UNCLOS).
“The declaration of a moratorium on fishing that extends to the West Philippine Sea has no basis in law, and undermines the mutual trust, confidence, and respect that should underpin bilateral relations, as affirmed most recently by President Rodrigo R. Duterte and President Xi Jinping during their Telesummit on 08 April 2022,” the DFA added.
Chinese Embassy in Manila has no comment yet when asked about the DFA protests.