DFA fires back at China

The Philippines on Thursday urged China to remove all of its illegal militarized artificial islands and cease its reclamation activities in the West Philippine Sea.

In a strongly worded statement, Department of Foreign Affairs spokesperson Teresita Daza lambasted China over its recent statement that accused the Philippines of expanding its military outpost in Ayungin Shoal, which they also claimed and referred to as Ren'ai Jiao.

"We call on China to remove all these illegal structures, cease reclamations in the South China Sea, and be accountable for the damages caused by these illegal activities," Daza said, responding to Chinese Foreign Ministry spokesperson Wang Wenbin's recent statement.

She said the Philippines' rotation and resupply mission, or RoRe, including the maintenance of the BRP Sierra Madre, are "legitimate activities" of the government within its 200-nautical-mile exclusive economic zone.

The resupply mission, she said, is in accordance with international law, particularly the United Nations Convention on the Law of the Sea, to which China is a signatory party.

"It is difficult to imagine how these activities could be deemed threatening to China," she said.

Daza also responded to China's "unproven" claims that Manila allegedly promised to tow away the BRP Sierra Madre in Ayungin Shoal.

According to her, the Philippines deliberately stationed the BRP Sierra Madre in Ayungin Shoal in 1999 to "serve as a constant Philippine government presence in response to China's illegal occupation in 1995 of Panganiban Reef, also known as Mischief Reef."

"Panganiban Reef is a low-tide elevation that forms part of our continental shelf and is within our EEZ. You may all recall that in 1995, when we protested China's construction of a structure in Mischief Reef, China promised that it was only a 'fisherman's shelter' and would remain as such," she said.

She added: "The reef is now a militarized artificial island. So are Calderon Reef, also known as Cuarteron Reef; Kagitingan Reef, also known as Fiery Cross Reef; Burgos Reefs, also known as Gaven Reefs; McKennan Reef, also known as Hughes Reef; Johnson Reef; and Zamora Reef, also known as Subi Reef. Let us not forget that."

"The Philippines has not entered into any agreement abandoning its sovereign rights and jurisdiction over its EEZ and continental shelf, including in the vicinity of Ayungin Shoal," Daza said.

Not bowing down

The Philippines also insisted it would not ask for permission when conducting a resupply mission to Ayungin Shoal.

"We are being asked to give prior notification each time we conduct a resupply mission to Ayungin Shoal. We will not do so," Daza said.

"The resupply missions are legitimate activities within our EEZ, in accordance with international law," she added.

Wang insisted on China's territorial and sovereign rights over Ayungin Shoal and defended the China Coast Guard's actions which included the carrying out of dangerous maneuvers and the use of water cannoning on Philippine resupply vessels.

He accused the Philippines of trespassing into their waters, which he said "gravely violated China's sovereignty."

Daza said the Philippines' actions in the West Philippine Sea are within the bounds of international law.

"The Philippines remains guided by UNCLOS and the Arbitral Award as the twin anchors of our policy and actions in the South China Sea," she pointed out, referring to the 2016 South China Sea Arbitral Award, which solidified Manila's claims over the West Philippine Sea, including Ayungin Shoal.

"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. China cannot, therefore, lawfully exercise sovereignty over it," she said.

Citing the 2016 Arbitral Award, Daza said UNCLOS superseded any "historic rights" or other sovereign rights or jurisdiction in excess of the limits imposed by UNCLOS.

"China cannot claim entitlements in areas of the 'nine-dashed line,' now '10-dashed line,' that exceed UNCLOS limits," she added.

Daza said Ayungin Shoal, a low-tide elevation, is located 106.3 nautical miles from the Philippine island of Palawan.

"On the other hand, Ayungin Shoal is 423.30 nautical miles from the Paracels and 617.39 nautical miles from the Chinese mainland — clearly beyond the 200 NM maximum maritime entitlement for an EEZ under UNCLOS," she said.

"We reiterate that creating and maintaining a favorable and conducive environment is essential to the peaceful resolution of the South China Sea situation," Daza said.