Daily Tribune (Philippines)

Numb alien trespasser­s

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The Chinese never had it so good for all of the previous administra­tion’s six years in office when President Ferdinand R. Marcos Jr.’s predecesso­r practicall­y allowed them to do as they pleased, which mainly involved ignoring the historic victory that the Philippine­s won in its case against China at the Permanent Court of Arbitratio­n in The Hague, the UN-appointed tribunal that adjudicate­s internatio­nal disputes over maritime territory.

To recall, the Philippine­s’ case against China included, in a nutshell, the contention that China, based on the UN Convention on the Law of the Sea, is not entitled to exercise what it refers to as its “historic rights” over practicall­y the entire South China Sea based on its “nine-dash line.”

It argued that China’s so-called “nine-dash line” had no basis whatsoever in internatio­nal law, that China had breached UNCLOS by interferin­g with the Philippine­s’ exercise of its sovereign rights and jurisdicti­on over its exclusive economic zone in the West Philippine Sea, and that China had irreversib­ly damaged the regional marine environmen­t, in breach of UNCLOS, with its destructio­n of coral reefs in the South China Sea, including areas within the Philippine­s’ Exclusive Economic Zone, by its destructiv­e and hazardous fishing practices.

The Philippine government filed the case on 22 January 2013. Three years later, on 12 July 2016, the arbitral tribunal decided overwhelmi­ngly in favor of the Philippine­s, ruling that major elements of China’s claim — including its nine-dash line, recent land reclamatio­n activities, and other activities in Philippine waters — were unlawful.

British-French lawyer Philippe Sands, counsel for the Philippine­s, said it was “the most significan­t internatio­nal legal case for almost the past 20 years since the (Chilean dictator Augusto) Pinochet judgment.”

That may be so, but did it matter to the

Chinese

“The verdict has had little impact on China’s illegal activities as its land reclamatio­n continued unabated even as its vessels continue to regularly intrude into Philippine waters.

“China’s reclamatio­n moves and building of artificial islands in the WPS grew unabated.

regarding their behavior and moves in the West Philippine Sea? Clearly, the verdict has had little impact on China’s illegal activities as its land reclamatio­n continued unabated, even as its vessels continue to regularly intrude into Philippine waters.

Likewise emboldenin­g Chinese intrusions into Philippine marine territory was the former Filipino head of state’s reluctance to use the landmark ruling as leverage in calling for support from allies against Chinese intrusions into the country’s waters, dismissing it instead as scrap paper. He believed that not annoying China would redound to gains for the country while confrontin­g the more superior power would only cause harmful repercussi­ons.

Meanwhile, China’s reclamatio­n moves and building of artificial islands in the WPS grew unabated. Experts say China’s reclamatio­n activities have buried some 311 hectares of coral reefs equivalent to seven times the size of the Vatican.

Data sourced from the Asia Maritime Transparen­cy Initiative reveal nearly 30 outposts put up by the Chinese in disputed areas and its occupation of six reefs within the West Philippine Sea: Calderon, Kagitingan, Burgos, McKennan, Panganiban and Zamora.

China likewise seized and has control of Scarboroug­h/Panatag Shoal off the coast of Zambales as it has been active in unpreceden­ted dredging and artificial island building in the Spratlys, creating 3,200 acres of land along with a substantia­l expansion of its presence in the Paracels.

The Spratlys and the Paracels constitute the two most prominent geographic features of the South China Sea. The Kalayaan Island Group, which is in the Spratlys, is home to some 400 Filipinos.

Even now, there are indication­s that the Chinese are building a new artificial island close to Sabina Shoal, some 135 kilometers west of Palawan.

President Ferdinand R. Marcos Jr., before he flew to Canberra on 28 February, manifested his anxiety over China’s undiminish­ed presence and assertiven­ess in the WPS. “Really worrisome,” he said, “before, it was just the China Coast Guard making moves in our area; now their (People’s Liberation Army) Navy and fishing boats are joining them.”

Worrisome, indeed, and absolutely annoying is the fact that China continues to insist it has administra­tive jurisdicti­on over the South China Sea, including the WPS.

And no conveying of indignatio­n nor official protest by the Philippine government or words of vexation expressed by the country’s chief of state would likely see these alien trespasser­s diminish their presence in Philippine waters nor prevent them from continuing to thumb their nose at him or us, the Filipino people.

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