Numb alien trespassers

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 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.