Phl files diplomatic protest over China’s nature reserve plan in Bajo de Masinloc

The Department of Foreign Affairs (DFA) has formally lodged a diplomatic protest against China over its decision to establish a national nature reserve in Bajo de Masinloc, also known as Scarborough Shoal, a disputed maritime feature within the Philippines’ exclusive economic zone (EEZ).

In a message to reporters, DFA spokesperson Angelica Escalona confirmed that the Philippines filed the protest on Friday, 12 September, through a note verbale, describing the move as a “strong, unequivocal and formal articulation” of Manila’s objections to Beijing’s latest actions in the contested waters.

Escalona has not yet confirmed whether Chinese Ambassador to the Philippines Huang Xilian was summoned in relation to the protest.

On 10 September, China’s Ministry of Natural Resources announced the approval of a national nature reserve at Scarborough Shoal, referred to by Beijing as Huangyan Island, a move widely seen as reinforcing its expansive territorial claims in the South China Sea (SCS).

The Bajo de Masinloc, also called Panatag Shoal, lies 124 nautical miles from Zambales and well within the Philippines’ 200-nautical-mile EEZ, but has been under de facto Chinese control since a standoff in 2012.

Red Line for Manila

The DFA earlier stressed that any construction or unilateral activity in the area is considered a “red line” or a non-negotiable and unacceptable act by the Philippine government.

Meanwhile, the United States (U.S.), a long-time treaty ally of the Philippines, echoed Manila’s opposition to China's “destabilizing plans” in Scarborough Shoal.

In a separate statement, U.S. Secretary of State Marco Rubio slammed Beijing's plan as “another coercive attempt to advance sweeping territorial and maritime claims in the South China Sea at the expense of its neighbors.”

Rubio called on China to stop blocking Filipino fishermen from accessing the area.

Also, the European Union reaffirms its support for the Philippines’ maritime entitlements and sovereign rights under international law, calling for full respect of the 2016 Arbitral Award and a peaceful resolution of disputes in the SCS.

“The EU stands in support of Philippine maritime entitlements and sovereign rights under international law, as upheld by the Arbitral Tribunal in 2016,” it said.

It further urged all parties to respect the 2016 Arbitration Award and the United Nations Convention on the Law of the Sea (UNCLOS). 

“Disputes should be resolved peacefully and any attempt to alter the status quo in disputed waters by unilateral action must be avoided,” the EU stressed. 

China dismisses protest

In Beijing, a Chinese Foreign Ministry spokesperson defended the move, saying the reserve is "within China’s sovereign rights" and aims to protect marine biodiversity and ecological sustainability.

“China does not accept the Philippines’ groundless accusations and so-called protests,” the spokesperson said during a press conference on 11 September.

The Chinese Embassy in Manila declined to provide additional comment, referring inquiries to the Ministry’s official remarks.

The National Security Council (NSC) dismissed China’s declaration as a “clear pretext toward eventual occupation,” and criticized it as a misleading attempt at environmental stewardship. 

NSC director-general and National Security Adviser Eduardo Año said China’s move violates international law, specifically the UNCLOS, the 2016 Arbitral Tribunal ruling, and the 2022 Declaration on the Conduct of Parties in the SCS.

“This move by the PRC is less about protecting the environment and more about justifying its control over a maritime feature that is part of the territory of the Philippines,” Año said.

In 2016, the Permanent Court of Arbitration in The Hague ruled in favor of the Philippines in a landmark case, invalidating China’s sweeping “nine-dash line” claim over most of the South China Sea. 

The tribunal declared that Scarborough Shoal is a traditional fishing ground for Filipino, Vietnamese, and Chinese fishermen, and that China had violated the Philippines’ sovereign rights by preventing access.

Despite the ruling, Beijing has refused to recognize the decision and has continued to assert control over the shoal and other contested features in the region.

Scarborough Shoal remains a strategic and symbolic flashpoint in the broader SCS dispute, a vital trade route through which more than $3 trillion in annual shipborne commerce passes.

The area is claimed in whole or in part by several countries, including the Philippines, Vietnam, Malaysia, Brunei, and Indonesia. 

China, however, claims nearly the entire sea under its controversial “nine-dash line.”

To reinforce its claim, the Philippine government has designated the areas within its EEZ as the West Philippine Sea, covering waters surrounding the Kalayaan Island Group and Bajo de Masinloc, through the passage of the Philippine Maritime Zones Act  and the Philippine Archipelagic Sea Lanes Act. 

These laws declare the country’s maritime zones under the standards set by the UNCLOS and designate Philippine archipelagic sea lanes, which would create routes over the country’s waters and airspace.