DEFENSE Secretary Gilberto Teodoro Jr and his American counterpart, Lloyd Austin, denounced China’s recent harassment of Philippine vessels and a US aircraft in the South China Sea (SCS).
Teodoro and Austin, who met on the sidelines of the ASEAN Defense Ministers Meeting-Plus in Indonesia on Wednesday, reiterated their call for China to respect international laws.
A joint statement issued by the spokespersons of the US and Philippine defense departments said Teodoro and Austin discussed the importance of “preserving the rights of all nations to fly, sail, and operate safely and responsibly wherever international law allows.”
“In this context, they denounced the recent harassment by vessels from the People’s Republic of China (PRC) towards Philippine Coast Guard and resupply vessels conducting lawful resupply operations around Second Thomas Shoal (Ayungin Shoal), as well as dangerous operational PRC maneuvers against U.S. aircraft and ships lawfully operating in the South China Sea,” the statement said.
On Friday last week, Chinese Coast Guard and maritime militia vessels conducted dangerous maneuvers against three Philippine Coast Guard vessels and two military-chartered wooden boats delivering supplies to Filipino troops at Ayungin Shoal.
One of the Chinese Coast Guard vessels fired water cannon at one of the supply boats, M/L Kalayaan. Despite the harassment, M/L Kalayaan and the other supply boat, Unaizah Mae 1, accomplished their mission.
Last month, a Chinese fighter jet came within 10 feet US B-52 bomber flying over the South China Sea, putting the both aircraft in a danger of collision.
“Taking note of the concerns expressed about the PRC’s recent harassment by a growing number of foreign governments globally, they also emphasized that the 2016 Arbitral Tribunal Ruling is final and binding on the Parties and called on the PRC to abide by its obligations under international law,” the statement said.
The 2016 Permanent Court of Arbitration ruling invalidated China’s excessive claim in the South China Sea. It also recognized the rights of Philippines over its 200 nautical miles exclusive economic zone.
“The Secretaries reaffirmed that the Mutual Defense Treaty extends to both countries’ armed forces, public vessels, and aircraft–including those of its Coast Guard –anywhere in the Pacific, to include the South China Sea,” it added.
Article IV of the 1951 MDT says each party recognizes that an armed attack in the Pacific region on either parties “would be dangerous to its own peace and safety and declares that it would act to meet the common dangers in accordance with its constitutional processes.”
The succeeding article says an armed attack is deemed to include an “armed attack on the metropolitan territory of either of the parties, or on the Island territories under its jurisdiction in the Pacific Ocean, its armed forces, public vessels or aircraft in the Pacific.”
IRONCLAD COMMITMENT
The statement said Austin reiterated the message of US President Joe Biden on the US’ ironclad commitment to the Philippines, emphasizing that US “stands shoulder-to-shoulder with the Philippines in defending its sovereign rights and jurisdiction in its exclusive economic zone.”
It said Teodoro and Austin welcomed the “historic momentum” of the ties of the two countries and committed to strengthen US and Philippines alliance which it said has “upheld peace and security in the Indo-Pacific region for over 70 years.
“They reaffirmed their countries’ shared vision of a free and open region grounded in transparency, the rule of law, respect for sovereignty, and the peaceful resolution of disputes,” it said.
They also highlighted the progress to modernize the alliance of the two countries, enhance interoperability, and address “new and emerging challenges.”
They also welcomed the progress of the implementation of Enhanced Defense Cooperation Agreement projects, including the P1.3 billion upgrade of the runway at Basa Air Base in Pampanga.
The statement said the defense chiefs “pledged to further accelerate EDCA implementation.”
“They committed to explore further opportunities to strengthen bilateral operations and planning, including through the upcoming Balikatan 2024 exercise, and noted their desire to expand multilateral activities with like-minded partners,” it said.
It said the defense secretary reaffirmed their commitment to the expeditious conclusion of a General Security of Military Information Agreement and the bilateral Philippines Security Sector Assistance Roadmap.
“Secretary Austin welcomed the updates shared by Secretary Teodoro on the Philippines’ Horizon III modernization plan and reiterated the US commitment to supporting Philippine defense modernization,” the statement added.
EXCLUSIVE ZONE
The Department of Foreign Affairs yesterday issued a strongly-worded statement decrying China’s latest actions near Ayungin Shoal (Second Thomas Shoal) and insisted that Ayungin is within the country’s 200-mile exclusive economic zone (EEZ), and as such the government will never seek permission from Beijing in the conduct of resupply mission to Filipino troops in the area.
The department dismissed the claim of China, reiterated in a Nov.10 briefing in Beijing by Foreign Ministry Spokesperson Wang Wenbin, that Chinese Coast Guard vessels are only exercising lawful enforcement mission within its territory when they blocked a Philippine resupply mission to Marine troops garrisoned in the grounded BRP Sierra Madre in Ayungin Shoal.
“The law is clear. Ayungin Shoal is not an island, it is a low-tide elevation that cannot be appropriated or subjected to sovereignty claims,” the DFA said, as it pointed out the absurdity of Beijing’s claim, considering the distance of the shoal from the latter’s territory.
Ayungin Shoal is located 106.3 nautical miles from Palawan.
On the other hand, it is 423.30 nautical miles from the Paracels, and 617.39 nautical miles from the Chinese mainland, clearly beyond the 200-nautical mile maximum maritime entitlement for an EEZ under the 1982 United Nations Convention on the Law of the Sea.
Both Manila and Beijing are signatories to the UNCLOS.
“In accordance with UNCLOS and the final and binding 2016 Award in the South China Sea Arbitration, Ayungin Shoal is within the exclusive economic zone and continental shelf of the Philippines, over which the Philippines has sovereign rights and jurisdiction,” the DFA said, as it dismissed China’s claim through its so-called nine dash, and now, ten-dash line as having no legal or historical basis.
The DFA further said the resupply missions and the upkeep of the BRP Sierra Madre in Ayungin Shoal are “legitimate Philippine government activities in our EEZ, and in accordance with international law, particularly UNCLOS.
“It is difficult to imagine how these activities could be deemed threatening to China,” the DFA added.
The BRP Sierra Madre was grounded in Ayungin Shoal in 1999 to serve as Manila’s constant presence in the area in response to what the DFA said is China’s “illegal occupation” in 1995 of Panganiban Reef or Mischief Reef.
The dilapidated vessel with a small contingent of Filipino Marines remains a commissioned ship of the Philippine Navy.
Panganiban Reef is a low-tide elevation that forms part of Manila’s continental shelf and is also within its EEZ.
‘CHRISTMAS CONVOY’
The National Security Council (NSC) discouraged a non-government organization from delivering Christmas gifts to troops stationed at Ayungin Shoal.
NSC assistant director general and National Task Force for the West Philippine Sea spokesman Jonathan Malaya warned that such mission may further provoke China.
During a public briefing, Malaya disclosed that the group, Atin Ito, requested National Security Adviser and NTF-WPS chairman Eduardo Año for “permission and support” to the group’s “Christmas Convoy Civilian Supply Mission” planned on December 4.
“We understand the sensitivity and importance of activities in the West Philippine Sea. We commit to strictly adhere to guidelines and instructions provided by your office, the National Task Force for the West Philippine Sea, and other relevant authorities to ensure the safety and security of our mission,” the group said in its November 8 letter to Año.
The group said it is “eager to work closely” with the NTF-WPS “to ensure the successful execution of this mission.” It added: “Your support and permission will be pivotal in making this endeavor a reality.”
“If we are talking of Ayungin Shoal, we cannot support it (convoy). We highly discourage this group from conducting their Christmas convoy civilian mission, though their intention is good, because of security reasons,” said Malaya.
“We all know that Ayungin Shoal is a hot spot, the tension is high there. There were already water cannoning incidents there, collisions, and dangerous maneuvers (by Chinese vessels),” Malaya said.
“We don’t know what will happen because the tension there is high. Since they are using civilian supply boats, we cannot guarantee their security and this might be interpreted by China as a provocative act,” said Malaya.
Malaya urged the group to instead turn over their gifts to the military so the latter can deliver these to the troops during their routine resupply mission to Ayungin Shoal.
He said Atin Ito may also consider doing such mission to the eight other features that occupied by Filipino troops in the West Philippine Sea. — With Ashzel Hachero
