China is the aggrieved party in the Philippines’ “infringement and provocation” in Scarborough Shoal and Ayungin Shoal, Chinese Ambassador Huang Xilian said Tuesday, as he urged Manila to return to “dialogue and consultation” regarding its differences with Beijing in the West Philippine Sea.
In a statement to China-run Xinhua News, Huang stressed that Huangyan Island and Ren’ai Reef – the Chinese names for Scarborough (also known as Bajo de Masinloc) and Ayungin – “have always been China’s territories, and that China has indisputable sovereignty over the South China Sea Islands and the adjacent waters.”
Meeting with Department of Foreign Affairs officials on Monday night after he was summoned to explain recent incidents in the sea area, Huang also “lodged stern representations and strong protests to the Philippine side over its recent infringement and provocation” in the waters near Scarborough and Ayungin, the envoy added to Xinhua.
But the DFA said the Philippine government told Huang it demanded China do the following: direct the Chinese vessels to cease and desist from its illegal actions against Philippines vessels as well as stop interfering in legitimate Philippine government activities or lingering in waters around Ayungin Shoal.
It also warned Beijing against and doing any action that violates the Philippines’ sovereign rights and jurisdiction in its exclusive economic zone; comply with obligations under international law, including the 1982 UNCLOS, the 2016 Award in the South China Sea Arbitration, and the 1972 COLREGS (International Regulations for Preventing Collisions at Sea); and adhere to its commitments under the 2002 ASEAN-China Declaration on the Conduct of Parties in the South China Sea (DOC).
The DFA also protested China’s conduct of dangerous maneuvers and its use of water cannons against three Bureau of Fisheries and Aquatic Resources (BFAR) vessels, which were engaged in a humanitarian and support mission to fishermen off Bajo de Masinloc.
Meanwhile, the Armed Forces of the Philippines (AFP) on Tuesday said it is not yet time to invoke the country’s Mutual Defense Treaty (MDT) with the United States, saying that China’s recent water cannon attacks on Filipino boats in the West Philippine Sea are not considered armed attacks.
AFP chief of staff Gen. Romeo Brawner Jr. said the 70-year-old MDT that binds Washington to defend Manila from any aggression can be triggered only by an armed attack.
“’Water cannoning is not considered an armed attack,” he said.
Brawner, who was on one of the resupply vessels that was water cannoned on Sunday, said China engages in what some refer to as “gray zone tactics,” which stop short of military action to achieve political objectives.
“But what we call it is illegal, coercive, aggressive, dangerous and deceptive actions,” he said.
Defense Secretary Gilberto Teodoro Jr., meanwhile, said China has no peaceful agenda when it comes to the West Philippine Sea (WPS).
“If we accept their illegal and roguish behavior, that will be viewed as acceptance. We cannot do that,” Teodoro said in Filipino.
“China’s intent is to take over the South China Sea, because that is what they say, it belongs to them. That we cannot agree to because that’s not in the law. It’s not in international law,” he said.
“We have a plan. That is not to yield because of the fact that our operations — our actions–are based on the law,” he added.
On Sunday, a Chinese Coast Guard (CCG) vessel rammed and water cannoned Philippine vessels that were conducting a resupply mission to the BRP Sierra Madre in Ayungin Shoal.
The attack prompted the Philippine government to file a diplomatic protest against China and summon its ambassador.
On Tuesday, Gen. CQ Brown Jr., chairman of the US Joint Chiefs of Staff, spoke with Brawner on phone regarding assessments of the regional security environment, including China’s actions against the Philippine resupply mission in Ayungin Shoal.
“The leaders also discussed mutual strategic security interests and opportunities for increased military cooperation, including enhancing maritime cooperation, improving interoperability and information sharing, and increasing training and exercises,” according to Joint Staff spokesperson Navy Capt. Jereal Dorsey. Dorsey said the two agreed to remain in “close consultation.”
“The US continues to closely partner with the Philippines and remains committed to maintaining a relationship founded upon shared strategic interests and democratic values,” Dorsey said.
The conversation with Brawner was their first since Brown became chairman of the US Joint Chiefs of Staff. On Monday, Philippine diplomats protested the “aggressive and harassing actions” made by Chinese Coast Guard (CCG) and militia vessels, after Ambassador Huang was summoned to the Department of Foreign Affairs (DFA) office.
“DFA Undersecretary Ma. Theresa P. Lazaro verbally delivered the protest against the Chinese dangerous maneuvers that led to collision, illegal shadowing and undue use of water cannons against the rotation and resupply mission undertaken by the Philippines yesterday in the Ayungin Shoal for the Philippine government detachment in the BRP Sierra Madre,” DFA said, in a statement.
Citing the United Nations Convention on the Law of the Sea and the 2016 Arbitral Award, DFA maintained that Ayungin Shoal is not an island but a low-tide elevation that is not subject to a sovereignty claim or any appropriation under law.
The DFA said Ayungin is part of the Philippine exclusive economic zone (EEZ) and continental shelf. “Undersecretary Lazaro also emphasized that the Philippines’ resupply missions to BRP Sierra Madre are part of the regular operations of the Philippine Government in line with domestic and international law,” the DFA said.
Lazaro also stressed that China “has no right to interfere with the Philippines’ legitimate activities in the Philippines’ own EEZ.” “The actions of the Chinese vessels within the Philippine EEZ are illegal and violate the freedom of navigation,” the department said.
In other developments:
* National Security Council Assistant Director General Jonathan Malaya said the Philippines may look into its legal options against China to demand compensation after Philippine vessels were damaged by the water cannon attacks by the China Coast Guard.
* Former Senior Associate Justice Antonio Carpio, who led efforts to obtain the 2016 Arbitral Award favoring the Philippines, said the country should build a civilian structure such as a lighthouse or marine research center on Ayungin Shoal. Then, instead of sending supplies to a military outpost, the government could be sending supplies to a civilian installation, he said. Carpio said a civilian structure could also be used to protect the marine environment amid reports of rampant coral harvesting by Chinese vessels.
* Senate President Juan Miguel Zubiri said it was time to install a new Chinese envoy who could ease tensions between Beijing and Manila. Zubiri earlier urged President Marcos to expel Chinese Ambassador Huang. “I think it’s about time to send a new ambassador who can actually make strides and try to reach our side, the Philippine side, and calm things down and not add fuel to the fire,” Zubiri told ANC’s “Headstart.” Zubiri also said that next year’s national budget would provide a much-needed P10.47 billion boost to the country’s defensive posture in the WPS.