China dared to open ‘despoiled’ Scarborough Shoal to inspection

The Philippines on Tuesday dared China to allow international bodies to inspect the environment around Bajo de Masinloc (Scarborough Shoal) in the West Philippine Sea amid accusations China was conducting harmful activities in the area.

National Security Council (NSC) Assistant Director-General and spokesperson Jonathan Malaya said that even as the Philippines is making the call, it expects China to deny that it has wrought environmental damage to the shoal.

“In the face of China’s repeated denials, we call on it to open Bajo de Masinloc to international inspection and we also call on third-party inspectors from relevant United Nations bodies or respected environmental organizations to determine the true situation therein to protect the environment,” Malaya said.

Citing Philippine Coast Guard reports, Malaya said Chinese fishermen have been harvesting massive quantities of giant clams, sea turtles, puffer fish, stingrays, topshells, eels, and other marine animals in the area since 2016.

“As expected, China, through its Foreign Ministry spokesperson, has denied the environmental destruction in Bajo de Masinloc despite incontrovertible proof presented by the Philippine Coast Guard yesterday,” Malaya said.

Chinese nationals were “continuously engaged in large-scale harvesting of endangered species and unlawfully exploiting the vulnerable species with wild abandon,” he said.

Giant clams are protected species under the Convention on the International Trade in Endangered Species of Wild Fauna and Faura (CITES), Malaya pointed out, while slamming China’s illegal use of the shoal’s resources.

Invalidated

“China has no legal rights over Bajo de Masinloc and all of its expansive claims over the entire South China Sea have been invalidated and nullified by the 2016 arbitral ruling,” Malaya noted.

“The tribunal also found that Chinese authorities were aware that Chinese fishermen have harvested endangered sea turtles, coral, and giant clams on a substantial scale in the South China Sea — using methods that inflict severe damage on the coral reefs — and had not fulfilled its obligation to stop such activities,” he said.

China has denied causing destruction to the area.

New rules violate UNCLOS

Also on Tuesday, Foreign Affairs Secretary Enrique Manalo maintained that China’s new regulations mandating its Coast Guard to detain foreign nationals it finds in the South China Sea violate the United Nations Convention on the Law of the Sea (UNCLOS).

Manalo made the assertion in a chance interview with Palace reporters in Taguig City after Beijing claimed the Philippines had a malicious misinterpretation of the new China Coast Guard (CCG) regulations.

“Why would they say it’s a malicious misinterpretation? They announced it, it was quite clear,” Manalo said. “We have to see what will happen, but obviously whatever they say, if that’s correct, is inconsistent with UNCLOS.”

President Ferdinand Marcos Jr. earlier condemned China’s detention order, stressing that such an action “would be completely unacceptable to the Philippines.”

Former Senate President Juan Miguel Zubiri also criticized China’s new regulations, which mandate the detention of any foreign nationals found in the area, as illegal under UNCLOS.

No order yet

In the interview, Manalo said the President had not yet issued specific instructions regarding the alleged wiretapping of Chinese embassy personnel discussing a “new model” deal on Ayungin Shoal.

Manalo said they had yet to receive solid evidence that a call on an alleged “new model” for Ayungin Shoal had transpired between a Chinese diplomat and a ranking Armed Forces of the Philippines officer, Vice Admiral Alberto Carlos.

Amid the controversy surrounding the alleged conversation with a Chinese embassy official, Carlos filed for a leave of absence but he was subsequently replaced as AFP Western Command chief.

Manalo explained that the government had never reached a Cabinet-level agreement on any Chinese proposals related to Ayungin Shoal.

“I have not received any instructions. If we find any evidence, obviously we will take whatever action is considered necessary,” he said. “It all depends on what kind of action. This applies to all diplomats.”

Puerto invites officials

In Puerto Princesa City, Palawan, the city council has asked that national government officials attend their upcoming regular session to discuss China’s detainment threat.

Councilor Elgin Damasco voiced concern about the consequences of the regulation for the city’s inhabitants, particularly the fishermen operating within the country’s exclusive economic zone in the WPS.

“As a result, some of our fishermen have been gripped by fear. Just imagine, they could be detained without trial,” he said.

China has not recognized the Philippines’ EEZ which was affirmed by UNCLOS and the 2016 arbitral ruling.