DID the Philippines cross the proverbial Rubicon when it ordered its Coast Guard (PCG) to cut and remove the floating barrier placed by the Chinese off the southwest portion of Bajo de Masinloc (also known as Scarborough Shoal) located some 124 nautical miles off Zambales on September 25?
Observers said the removal of the Chinese floating barrier—triggering tensions further in the West Philippine Sea (WPS)—could be the “most aggressive” action of Manila since the Philippines lost control of the shoal following a tense standoff with the Chinese coast guard (CCG) and its maritime militia in April 2012.
In the aftermath of that incident, the Philippine government resorted to just monitoring and filing diplomatic protests whenever Chinese incursions in its vast maritime territories were detected.
Bajo de Masinloc is situated 124 nautical miles off Masinloc, Zambales, and is within the Philippines’ 200-nautical-mile exclusive economic zone (EEZ).
It is approximately 472 nautical miles from the nearest Chinese coast.
Despite the distance, China continues to lay claim to Bajo de Masinloc, saying the feature is within its territory.
But under the United Nations Convention on the Law of the Sea (Unclos), that part of Bajo de Masinloc covered by the Philippines’ EEZ falls under Philippine control and jurisdiction.
The 2016 Arbitral Award also affirmed BDM as a traditional fishing ground of Filipino fisherfolk—and of other Southeast Asian nations. Meaning, China has no right to blockade it.
As of this writing, China has still to make a more concrete response on the removal of its floating barriers off Bajo de Masinloc, except to ridicule the Philippine efforts.
Discovery of the obstacle
THE PCG and the Bureau of Fisheries and Aquatic Resources (BFAR) discovered this obstacle laid by the China Coast Guard while on a routine maritime patrol on September 22.
“The floating barrier with an estimated length of 300 meters was discovered by the PCG and BFAR personnel on board BRP Datu Bankaw when they conducted routine maritime patrol on September 22, 2023, at the vicinity of BDM [Bajo de Masinloc],” PCG spokesperson for WPS, Commodore Jay Tarriela, said.
Subsequent investigation revealed that the floating barrier was placed by three CCG rigid-hull inflatable boats (RHIB) and a Chinese maritime militia (CMM) service boat.
CCG vessels usually install floating barriers when they monitor a large number of Filipino fishermen in the area.
At that time, 50 Filipino fishing boats were fishing in the area.
Recognizing the importance of supporting artisanal or subsistence fishing of these fishermen, the BFAR provided them with various grocery items and fuel to sustain their operations, Tarriela said.
“However, a total of four CCG vessels (CCG-3065, CCG-3066, CCG-3105 and CCG-3301) initiated a series of 15 radio challenges in an attempt to drive away the BFAR vessel and FFBs,” he added.
The CCG claimed that the presence of the BFAR vessel and Filipino fishermen violated international law and the domestic laws of China.
Tarriela said the BFAR vessel responded to each radio call and emphasized that they were carrying out a routine patrol within the territorial sea of Bajo de Masinloc.
Tarriela said the CCG ships maintained a safe distance upon learning that media practitioners were also on board the BRP Datu Bankaw.
Initial PHL responses
INITIALLY, Tarriela said on September 25 the PCG needs authorization from the government to cut and remove the floating barrier off Bajo de Masinloc.
He issued this comment when asked why they did not cut these obstacles upon sighting.
“Ang PCG ay gumagawa lang po ng mga bagay na ipinaguutos ng ating [only does tasks ordered by the] national government; our primary mission there is to provide relief goods and to distribute fuel subsidy sa ating mga mangingisda [to our fishermen], and [at that time], we were able to document itong paglalagak ng floating barrier na to sa bunganga ng [the placement of the floating barrier at the mouth of] Bajo de Masinloc,” he said.
Tarriela said documentation or evidence of these obstacles must be presented to the National Task Force for the West Philippine Sea (NTF-WPS) before any action could be done.
“We have to clear it with the Department of Foreign Affairs or even the Department of Justice, and more importantly, to seek guidance from the National Security Adviser himself [before doing anything],” he stressed.
‘Appropriate actions’
MEANWHILE, later in the day, National Security Adviser (NSA) Eduardo M. Año said the Philippine government will take the necessary action to remove these floating barriers.
“We will take all appropriate actions to cause the removal of the barriers and to protect the rights of our fishermen in the area,” he added.
Año, who is also head of the National Security Council, said the placement of these floating barriers by China violates the traditional fishing rights of Filipino fishermen.
“We condemn the installation of floating barriers by CCG in BDM. The placement by the People’s Republic of China (PRC) of a barrier violates the traditional fishing rights of our fishermen whose rights have been affirmed by the 2016 Arbitral Ruling,” he added.
“It [2016 Arbitral Ruling] ruled categorically that such action by the PRC violated the traditional fishing rights of our fishermen in the shoal who have been fishing there for centuries. Any State that prevents them from doing artisanal fishing there violates Unclos and international law, in general,” the NSA stressed.
Barriers removed from BDM
WITH this clear guidance coming from Año, the PCG later announced that it had conducted a special operation to remove the floating barrier that obstructed the southeast entrance of Bajo de Masinloc.
Tarriela said this special operation is in response to the instruction of President Ferdinand R. Marcos Jr. issued to the NTF-WPS, which Año chairs.
In justifying their removal, the PCG official said these floating barriers posed a hazard to navigation, a clear violation of international law.
They also hinder, he added, “the conduct of fishing and livelihood activities of Filipino fisherfolk in BDM, which is an integral part of Philippine national territory.”
Tarriela also emphasized that the 2016 Arbitral Award has affirmed that Bajo de Masinloc is the traditional fishing ground of Filipino fishermen.
“Thus, any obstruction hindering the livelihoods of Filipino fisherfolk in the shoal violates international law. It also infringes on the Philippines’ sovereignty over BDM,” he added.
“The decisive action of the PCG to remove the barriers aligns with international law and the Philippines’ sovereignty over the shoal,” he noted.
“The PCG remains committed to upholding international law, safeguarding the welfare of Filipino fisherfolk, and protecting the rights of the Philippines in its territorial waters,” Tarriela concluded.
‘Visibility’ drive
MEANWHILE, Tarriela said the PCG now has the capability to station its ships at the Bajo de Masinloc.
But while the PCG can deploy its ships there, these vessels cannot stay for as long a period as their CCG equivalent, which can stay for three to five weeks before being relieved, he pointed out.
“We have been doing this strategic deployment of our Coast Guard vessels since the new administration. At first we attempted to come close to eight nautical miles; and then two weeks or three weeks after, we did seven [nautical miles] and then six [nautical miles] and then five [nautical miles], we do this gradually until right now we become successful in reaching out to 300 meters,” Tarriela explained.
He said these efforts will be further sustained in the coming days along with plans to take control again of Bajo de Masinloc and its lagoon, which the country lost access to since the April 2012 standoff.
“As I said, since the new administration took office, we have already strategized how we…can take control once again of Bajo de Masinloc, especially the lagoon in Bajo de Masinloc. As I said for so many months we were able to calibrate our deployment until such time that we can already anchor at a distance of 300 meters,” Tarriela added.
Tarriela said they cannot give any further details about the plan, but stressed that the PCG, along with the BFAR and with the support of the Armed Forces of the Philippines, “will be able to sustain this patrol with the end goal of once again allowing the Filipino fishermen to be able to go inside the lagoon” and fish.
No more barriers…please
AS this developed, Western Command (Wescom) chief Vice Admiral Alberto Carlos on September 27 said they will immediately remove any floating barrier should China ever come close to placing any of these off Ayungin Shoal.
He issued this comment when asked if they detected any escalation on the part of the Chinese following the successful removal of the barriers off Bajo de Masinloc.
“We are monitoring [that] very, very closely; the removal of the barrier. My concern is, they [could] also put a barrier in Ayungin, so there is already a template in Scarborough, so there is no question about that, if they do that in Ayungin, we also have to remove the barriers and we do not have to wait for the order of the President to remove that,” Carlos said at the sidelines of a forum in Makati City.
A Filipino detachment aboard the grounded BRP Sierra Madre is keeping watch and maintaining Philippine sovereignty in the area.
Tensions there flared up last month as CCG vessels and their maritime militia attempted to block Filipino resupply vessels and their escorts from going about their lawful mandate.
Carlos said they will remove immediately anything that China will place there.
“I monitored very closely the situation in Scarborough because whatever happens there will happen also in Ayungin; so there is already a template for me to follow, and it’s the President’s order, sabi nga nila [they said it is a] direct order from the President, so if it happens in Ayungin, [that’s] automatic,” the Wescom chief stressed.
And while not giving any details, Carlos said the government is now tweaking its strategy in the WPS.
He stressed this is a normal procedure and takes into consideration the changing geopolitical situation in the area.
“The strategy now is working, we are okay with the strategy but we are tweaking it to make it more effective against the situation, to address the situation on the ground,” Carlos stressed.
Image credits: Philippine Coast Guard via AP