Philippines files diplomatic protest over Chinese harassment at Ayungin
MANILA, Philippines (Updated 3:18 p.m.) — The Philippines has lodged another diplomatic protest against China over "aggressive activities" by the China Coast Guard against Philippine vessels in the vicinity of Ayungin Shoal.
The protest was sent to the Chinese Embassy in Manila on Tuesday, a day after the Philippine Coast Guard recounted how BRP Malapascua (MRRV-4403) was shadowed, blocked, and flashed by a military-grade laser by CCG vessel 5205 in an incident on February 6.
The Philippines said the "acts of aggression" are "disturbing and disappointing" as the incident comes weeks after President Ferdinand "Bongbong" Marcos Jr.'s state visit to China.
"He and Chinese President Xi Jinping agreed to manage maritime differences through diplomacy and dialogue, without resorting to force and intimidation," said Ambassador Ma. Teresita Daza, spokesperson of the Department of Foreign Affairs.
Among the agreements signed during Marcos Jr.’s trip to Beijing last month was the establishment of a communication line between the two countries to sort out issues in the West Philippine Sea. Manila and Beijing have yet to set guidelines for the hotline, but the DFA said they are currently making use of other diplomatic channels to communicate.
READ: DFA: No details yet on 'direct line' with China on West Philippine Sea
The recent protest filed is among the eight notes verbale sent just this year.
China blames the Philippines
BRP Malapascua was on a rotation and resupply mission to deliver food and other supplies to BRP Sierra Madre, the Philippines’ permanent presence in the Ayungin Shoal. The Sierra Madre is grounded on Ayungin but is still a commissioned ship of the Philippine Navy.
The CCG directed its military-grade laser twice toward the BRP Malapascua, which then cause temporary blindness among the crew in the targetted area. The Chinese vessel took maneuvers and by going close to the Philippine ship, risking a collision while at sea.
Its crew also challenged the BRP Malapascua to leave the vicinity.
Wang Wenbin, spokesperson of Ministry of Foreign Affairs, blamed the PCG for "intruding the waters off the Ren’ai Reef without Chinese permission," claiming that the CCG acted in accordance to local laws and the United Nations Convention on the Law of the Sea.
"The China Coast Guard ship upheld China’s Sovereignty and maritime order and acted in a professional and restrained way," Wenbin said, adding that Beijing hopes the Philippines will "respect China’s territorial sovereignty and maritime rights and interests in the South China Sea and avoid taking any actions that may exacerbate disputes and complicate the situation."
China urged to comply with obligations
The 2016 Hague ruling already invalidated China’s sweeping nine-dash claims over the waters that included parts of the West Philippine Sea.
Under the Philippines’ submission No. 5, the Permanent Court of Arbitration ruled that the Mischief Reef and the Second Thomas Shoal (Ayungin Shoal) are within 200 nautical miles of the Philippines’ coast via Palawan.
This means that an international court already said the Ayungin Shoal, where the incident happened, is within the exclusive economic zone (EEZ) and continental shelf of the Philippines.
"The Philippines has the prerogative to conduct legitimate activities within its [EEZ] and continental shelf. China does not have law enforcement rights or powers in and around Ayungin Shoal or any part of the Philippine EEZ," DFA spokesperson Daza said in a statement on Tuesday.
RELATED: After fresh incident with China Coast Guard, DFA asserts Ayungin part of Philippines
In a separate statement dated February 13, the United States expressed its support for the Philippines in asserting its rights in the disputed waters and reiterated that Washington stands ready to back Manila in case of an armed attack.
“[China’s] dangerous operational behavior directly threatens regional peace and stability, infringes upon freedom of navigation in the South China Sea as guaranteed under international law, and undermines the rules-based international order,” US State Department Spokesperson Ned Price said.
READ: US: China's laser use vs Coast Guard vessel 'provocative, unsafe'
New coast guard law
This may not be the last incident concerning Chinese vessels as Retired Chief Justice Antonio Carpio warned that the China's new coast guard law “authorizes its coast guard vessels to use whatever force is necessary to enforce China’s nine-dash line claim.”
“This is itself violates the UN Charter, which outlaws the use of force to settle disputes between states and mandates that all such disputes be settled peacefully through negotiation, meditation, arbitration, or other peaceful means,” Carpio said in a separate statement.
China’s Coast Guard Law took effect in February 2021, which the Asia Maritime Transparency Institute (AMTI) previous noted that the measure allows China’s maritime enforcement to “use lethal force on foreign ships operating in China’s waters.”
This means that since China still recognizes the Ayungin Shoal as part of its own, its vessels may assert China’s sovereignty over it despite an international ruling. AMTI said the law violates the UNCLOS. – with a report from Kristine Joy Patag
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