The Philippines on Friday demanded that China immediately cease its “illegal occupation and activities” in Panganiban and Zamora Reefs, asserting that no amount of unlawful island-building there can strip Manila of its exclusive maritime rights over these features as upheld by the 2016 arbitral award and international law. 

The call was triggered by reports that China fired multiple flares against an unarmed Philippine Coast Guard plane conducting a maritime domain awareness flight over part of the Kalayaan Island Group on Monday, 7 September, during which they spotted a large number of Chinese maritime militia vessels inside the lagoons of both reefs.

The Department of Foreign Affairs contended that China has no business being in the Panganiban (Mischief) and Zamora (Subi) Reefs as they are “within the Philippines’ exclusive economic zone and continental shelf” in accordance with the United Nations Convention on the Law of the Sea (UNCLOS) and as upheld by the 2016 Arbitral Award.

“As low-tide elevations, the Philippines exercises sovereign rights and jurisdiction over the features, and these can neither be the subject of a sovereignty claim nor capable of appropriation under international law,” DFA spokesperson for maritime affairs Rogelio Villanueva stressed. 

The DFA added that China’s persistent island-building on Panganiban and Zamora Reefs is a clear violation of the Philippine Maritime Zones Act (RA 12064) and UNCLOS, to which China is also a state party like the Philippines.

Despite being legally bound by the treaty’s terms, China has been headstrong in refusing to honor the 2016 arbitral ruling, which was consistent with UNCLOS.

China has turned the Panganiban and Zamora Reefs into artificial islands equipped with military bases and other facilities, but the DFA asserted that no amount of unlawful construction there can change their legal status as low-tide elevations, and that the Philippines holds exclusive rights over them. 

“The Department will continue to assert the Philippines’ sovereignty, sovereign rights and jurisdiction in the West Philippine Sea, and champion the Philippines’ legitimate rights and interests in the maritime domain,” it added. 

Chinese Embassy Deputy Spokesperson Guo Wei alleged that it was the PCG aircraft that “intruded without authorization into the airspace near China’s islands and reefs,” which he deemed a blatant violation of international law.

“China has sovereignty over the Nansha Islands, including Meiji Jiao (Mischief Reef) and Zhubi Jiao (Subi Reef), as well as the adjacent waters, and exercises jurisdiction over the relevant waters,” he stressed. 

Guo contended that China only took “necessary measures” to safeguard its sovereignty and the security of its people stationed there. He also brushed off the Philippines’ complaints over the use of flares, claiming that China’s actions at the scene were “professional, restrained, and conducted in a standardized manner.” 

China’s latest assault against the Philippines only adds to a series of Beijing’s past attacks against Filipino troops in the West Philippines, including the military-grade laser pointing, boat collision, and missile deployment, among others. 

The arbitral ruling invalidated China’s sweeping claims in the vast majority of the South China Sea, including those that overlap with the West Philippine Sea.

China has never honored the decision, calling it “a worthless piece of paper that is illegal, null and void, and has no binding force” in Beijing. 

China has argued that land-territorial issues are not subject to UNCLOS, which merely governs maritime entitlements and does not determine territorial sovereignty over land features. Hence, China contended that it “will not accept any imposed solution with respect to territorial issues and maritime delimitation disputes.”