Phl can now assert WPS utilization rights — Chiz

The country can now fully assert its right to utilize the resource-rich West Philippine Sea after President Ferdinand R. Marcos Jr. signed the Philippine Maritime Zones Act and the Philippine Archipelagic Sea Lanes Act, Senate President Francis “Chiz” Escudero said on Friday.

Escudero said the two landmark laws defining the country’s maritime zones and archipelagic sea lanes will give more teeth to the legal and territorial claim of the Philippines over the WPS.

“The two laws will further strengthen our sovereignty and sovereign rights over our territorial waters and the airspace over it,” he added.

Senate Bill 2492, or the Philippine Maritime Zones Act, declares the Philippines’ sovereignty and jurisdiction over its internal waters, territorial archipelagic waters, and the airspace over it, as well as its seabed and subsoil, in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) and other existing laws and treaties.

This covers the contiguous zone of the Philippines, which refers to the waters beyond and adjacent to its territorial sea up to 24 nautical miles from the baselines, as well as defines the exclusive economic zone, the continental shelf, and the extended continental shelf that form part of Philippine territory.

It states that the Philippines has rights and privileges in the high seas and the international seabed as provided for under UNCLOS and other laws and treaties.

It also states that maritime scientific research in the maritime zones of the Philippines shall redound to the benefit of the Filipino people.

“By asserting our rights over the sea and air, we are in effect ensuring the utilization of the rich resources in our territorial waters for the benefit of our people,” Escudero said.

Senate Bill 2665, or the Philippine Archipelagic Sea Lanes Act, on the other hand, designates three sea lanes in the archipelagic waters through which foreign ships may sail and over which aircraft may fly. These are the Celebes Sea, Sibutu Sea and Balintang Channel.

The law defines the obligations in the exercise of the right of archipelagic sea lane passage as well as the acts prohibited on the sea lanes and over the air routes.

It also identifies the liability of ships and aircraft for any loss or damage suffered by the Philippines or any third party as a result of non-compliance with the provisions of the law.

“The crafting of these laws and their enforcement are in accordance with UNCLOS. They provide the country with more teeth in responding to infractions against Philippine interests,” Escudero said.

Victory for Filipinos

Senate Majority Leader Francis Tolentino welcomed the signing of the two landmark laws.

Tolentino, the principal sponsor and author of the Senate versions of the twin measures, said their signing was a victory for every Filipino.

“These laws represent a brave step forward, and a victory for every Filipino,” he said. “This is for every citizen who stands for a sovereign Philippines, where not a single inch of our territory is given up to any foreign power. This is for the future of our youth, where all the resources that fall within our jurisdiction are harnessed for our people’s enjoyment and benefit.”

The Maritime Zones Act will define the extent and bounds of our maritime domain, which Tolentino said will be recognized by the international community.

He said “West Philippine Sea” will be “more than just a term but will be formally defined and enshrined for the first time in national legislation.”

“Consider this the birth certificate of the WPS,” he said.

With the Archipelagic Sea Lanes Act, he said, this would prevent illegal incursions in the country’s sea lanes and air space.

Tolentino said the twin laws incorporate key components of the 2016 Hague arbitral ruling that favored the Philippines.

He said the measures will be officially submitted to the United Nations for its annotation, as well as to key multinational bodies, including the International Maritime Organization (IMO) and International Civil Aviation Organization (ICAO).

“By passing these laws, we seek to bolster international recognition for the Philippines’ assertion of its territorial and maritime rights, as well as the practice of making official references to the ‘West Philippine Sea’ in global maritime and aviation systems,” he said.

Crucial safeguards

Likewise, Deputy Minority Leader Risa Hontiveros hailed the signing of the two laws.

“It is only right that the President signed the two bills into law,” she said in a separate statement.

“I have been supportive of these measures since they were first brought up in the Senate, as they are crucial in safeguarding our territorial claims in the WPS. In fact, I am an author of the Philippine Maritime Zones Act, precisely so we can determine and establish the legal regimes and geographical extent of our maritime zones in accordance with UNCLOS.”

With the laws, Hontiveros said the Philippines would be able to protect its territory more efficiently.

“Ultimately, these new laws will help secure what is ours — our waters, our rich marine life — today and for future generations,” she said.

Trump support

Hontiveros expressed the hope that incoming US President Donald Trump would be supportive of the measures to establish a rules-based order in the South China Sea.