Senate seeks briefing from DFA on West Philippine Sea

MANILA, Philippines — The Senate foreign affairs committee will ask the Department of Foreign Affairs (DFA) to conduct a briefing on the real situation in the West Philippine Sea after China passed its Coast Guard Law, which allows its coast guard to fire on foreign vessels and demolish other countries’ structures that are on Chinese-claimed reefs.

Sen. Aquilino Pimentel III said the Senate committee on foreign affairs, which he chairs, will set a hearing on the West Philippine Sea development based on the privilege speech of Sen. Francis Tolentino.

“We will ask DFA Secretary Teodoro Locsin Jr. to brief us on what is happening in the West Philippine Sea. We also need the analysis of experts. What are the possible scenarios?” Pimentel said in a mix of Filipino and English in an interview over radio dwIZ.

Pimentel said the Senate hearing will likely be through executive session due to the sensitivity of the matter.

“We will not force them to release the report in public. If they will ask for an executive session, I will grant because I understand the sensitivity of the issue,” he said.

In a privilege speech, Tolentino said the National People’s Congress of the People’s Republic of China passed the Coast Guard Law of the People’s Republic of China.

The law for the first time explicitly allows its coast guard, under certain circumstances, to fire on foreign vessels, fishing boats, coast guard boats, naval boats or any peace-seeking NGO boats to defend China’s maritime rights and interests. This law will take effect on Feb. 1.

Pimentel admitted that such a law, although considered local legislation, will be applied to the disputed areas and will affect to Filipinos.

“For generations, Filipinos are going there. This is not a good development, because the policy there is that everyone should agree, that we should not increase the tension. There is tension,” he added.

Pimentel also commended Locsin for raising the matter through a diplomatic process, “the peaceful way of trying to resolve disputes.”

“I will talk to Secretary Locsin, maybe we can course it through ASEAN, as China will talk to ASEAN – as China agreed that we have a code of conduct there in disputed waters,” he added.

Tolentino brought the attention of the Senate to the new Chinese law, as some Filipino fishermen – including those from Zambales, Mindoro, Palawan, Batangas and Cavite – will go fishing not knowing its existence allowing its coast guard to take all necessary measures, including the use of weapons, when national sovereignty rights and jurisdiction are supposedly being illegally infringed upon by foreign organizations or individuals at sea.

“The law is very specific. It specifies the circumstances under which the different kinds of weapons, handheld – I’m referring to pistols or rifles – shipborne missiles, or airborne coming from planes, can be used,” he said.

Another important point, Tolentino said, the law as passed allows the Chinese coast guard personnel to demolish other countries’ structures built on Chinese-claimed reefs and to board and inspect vessels in waters claimed by China.

Solons back DFA

Meanwhile, ranking lawmakers yesterday supported the diplomatic protest filed by the DFA against China’s new law.

House foreign affairs committee chair Ann Hofer said the action taken by Locsin was a step in the right direction.

“I fully support DFA’s action of filing a diplomatic protest against China over the new law which sets an unnecessary and dangerous precedent, considering the past incidents in the West Philippine Sea involving our fishermen and the Chinese coast guard,” she told The STAR in a text message.

The Zamboanga Sibugay congresswoman believes that China should repeal the law.

“We are cognizant of China’s sovereignty in shaping its foreign policy and legislating its laws. However, the use of force must at all times be exercised with restraint and only as a last resort. I hope Beijing sees reason and repeals the new law at the soonest possible time,” Hofer appealed.

For his part, panel vice chair Ruffy Biazon said the new Chinese law requires a renewed alliance with the US under President Joe Biden.

“The threat brought about by the new Chinese law authorizing the Chinese coast guard to use weapons in West Philippine Sea should compel the government to rethink the termination of the VFA,” Biazon stressed, referring to the Visiting Forces Agreement with the US.

The Muntinlupa congressman also cited the statement of the Biden administration affirming the US’ defense commitment to the Philippines.

US Secretary of State Antony Blinken has “stressed the importance of the Mutual Defense Treaty for the security of both nations” in a phone call to Locsin.

Blinken noted the treaty’s “clear application to armed attacks against the Philippine armed forces, public vessels or aircraft in the Pacific, which includes the South China Sea.”

The American official also reiterated the US position rejecting China’s maritime claims in the South China Sea to the extent that they exceed the maritime zones China is permitted to claim under international law as reflected in the 1982 Law of the Sea Convention, the agency said.

Biazon also took note of recent activities of the US military in the West Philippine Sea and cited a report that two B-52H bombers have entered via the Sulu Sea.

The lawmaker believed that these actions of the US send a message to China that it “can reach out and touch those man-made islands.” – Edu Punay