Tensions Set To Rise In The South China Sea

A series of recent events points to a declining state of stability and security in the South China Sea.

Over the last month and a half, seven significant developments indicate that tensions in the South China Sea are set to rise in both the short and long term. The five short-term trends include: Philippine defiance of China’s fishing ban; continued inaction by the Association of Southeast Asian Nations (ASEAN); the Chinese navy’s repeated assertions of sovereignty over James Shoal; the possibility of an Air Defense Identification Zone (ADIZ) over the South China Sea; and stronger United States opposition to China’s ADIZ and maritime territorial claims.

First, in January, the Philippines stepped up its public defiance of China and its territorial claims in the South China Sea. On January 15, Emmanuel Bautista, Chief of Staff of the Armed Forces of the Philippines, stated in a television interview with respect to new fishing regulations issued by Hainan province that Filipino fisherman should not give in to threats or intimidation. A day later, Secretary of Defense Voltaire Gazmin stated that the Philippines would disregard Hainan province’s new fishing regulations and would provide escorts to Filipino fishermen in the West Philippines Sea “if necessary.”

On January 17, the local media published aerial reconnaissance photographs taken at Ayungin Shoal (Second Thomas Reef) on August 28, 2013. The photographs showed the presence of two People’s Liberation Army Navy (PLAN) warships, including a frigate, and a Coast Guard vessel. The press quoted from a confidential government report that stated the Chinese naval presence “could be part [of] a renewed and possibly more determined effort to remove Philippine military presence on Ayungin Shoal and from the whole Spratly island group.”

On February 4, President Benigno Aquino in an interview with The New York Times called on the international community to lend its support to resist China’s claims in the South China Sea.

Second, the ASEAN Foreign Ministers held a Retreat in Bagan, Myanmar from January 16-17. Philippines Secretary of Foreign Affairs Albert del Rosario called on ASEAN to “maintain regional solidarity” in response to China’s imposition of an ADIZ and new fishing regulations in the South China Sea.

“Clearly, in addition to unilateral measures to change the status quo and threats to the stability of the region,” del Rosario stated, “these latest developments violate the legitimate rights of coastal and other states under international law, including UNCLOS, and more specifically the principles of freedom of navigation and overflight, and is contrary to the ASEAN-China Declaration on the Conduct of Parties in the South China Sea.”

The ASEAN Ministers “expressed their concerns on the recent developments in the South China Sea. They further reaffirmed ASEAN’s Six-Point Principles on the South China Sea and the importance of maintaining peace and stability, maritime security, freedom of navigation in and overflight above the South China Sea.”

The ministers repeated ASEAN’s standard line that all disputes should be resolved by peaceful means in accordance with international law and that all parties should show “self-restraint in the conduct of activities.” The ministers declined to be specific and took no further action.

Third, on January 20 a PLAN flotilla comprising three ships, the Amphibious Landing Craft Changbaishan, and two destroyers, Wuhan and Haikou, left the naval base on Hainan to commence annual naval exercises in the South China Sea. The flotilla first conducted drills off the Paracel islands including amphibious landings “on every reef guarded by China’s navy,” according to the commander of the flotilla.

The flotilla then sailed south to the Spratly islands. On January 26 the Chinese media reported that when the ships reached James Shoal eighty kilometers off Sarawak, PLAN sailors conducted an oath taking ceremony vowing to safeguard China’s sovereignty and maritime interests.

The following day Qin Gang, a spokesperson for China’s Foreign Ministry, reiterated China’s “indisputable sovereignty” over James Shoal.

However, when Admiral Tan Sri Abdul Aziz Jaafar, the Chief of the Malaysian Navy, was interviewed by the New Straits Times on January 29 about the PLAN activities at James Shoal, he denied they took place.

According to Admiral Aziz, “There has been no act of provocation on the part of the Chinese or threat to our sovereignty as they are conducting their exercises in international waters” one-thousand kilometers away. Admiral Aziz was apparently referring to naval exercises conducted previously by the aircraft carrier Liaoning and its escorts.

This is the second time in two years that PLAN warships have visited James Shoal to assert Chinese sovereignty claims. On both occasions Malaysian authorities have denied any knowledge of Chinese activities. This raises questions about the veracity of Malaysian accounts, deficiencies in Malaysia’s maritime domain awareness capacity, or whether Malaysia ordered its navy out of the area to avoid any incident.

Fourth, the Asahi Shimbun reported on January 31 that a draft ADIZ for the South China Sea had been drawn up by air force officers at the working level at the Air Force Command College and submitted to the government in May 2013. The draft ADIZ reportedly covers the Paracel islands and some of the South China Sea. The Japanese report stated that Chinese officials were still deliberating on the extent of the ADIZ and the timing of the announcement.

Immediately after the Asahi Shimbun report was published it was dismissed by China’s Foreign Ministry. A spokesperson declared “generally speaking, China does not feel there is an air security threat from ASEAN countries” and therefore does not feel a need for an ADIZ.
It should be recalled, however, that in November last year when China announced its ADIZ in the East China Sea, a Ministry of National Defense spokesperson affirmed that “China will establish other Air Defense Identification Zones at the right moment after necessary preparations are completed.”

Fifth, in February, high-level United States officials became more assertive in opposing China’s ADIZ and territorial claims in the South China Sea. For example, on February 1, Evan Medeiros, Director for Asia at the National Security Council, stated in an interview, “We oppose China’s establishment of an ADIZ in other areas, including the South China Sea. We have been very clear with the Chinese that we would see that as a provocative and destabilizing development that would result in changes in our presence and military posture in the region.”

On February 5, Daniel Russel, Assistant Secretary of State for East Asian and Pacific Affairs, stated in testimony to the House Foreign Affairs Subcommittee on Asia and the Pacific that China should refrain from establishing other ADIZs in the region.

Russel also said, “any use of the ‘nine-dash line’ by China to claim maritime rights not based on claimed land features would be inconsistent with international law” and that China’s “pattern of behavior in the South China Sea reflects an incremental effort by China to assert control over the area contained in the so-called ‘nine-dash line’.”

Finally, Russel provided the strongest U.S. endorsement of the Philippines’ action in taking its territorial dispute with China to arbitration. Assistant Secretary Russel, “We fully support the right of claimants to exercise rights they may have to avail themselves of peaceful dispute settlement mechanisms. The Philippines chose to exercise such a right last year with the filing of an arbitration case under the Law of the Sea Convention.”

The two long-term trends include new U.S. assessments of the future balance of power in the Asia-Pacific and continued Chinese maritime modernization.

During January and February, three high-level U.S. officials proffered sober assessments of the changing balance of power in the Western Pacific.

On January 15, Admiral Samuel Locklear, Commander U.S. Pacific Command, was quoted by Defense News as stating, “our historic dominance that most of us… have enjoyed is diminishing, no question.” Admiral Locklear was referring to the rise of China’s naval power that would take time to eventuate. He concluded, “That’s not something to be afraid of, it’s just to be pragmatic about.”
In late January, Frank Kendall, Deputy Undersecretary of Defense for Acquisition and Technology, stated that U.S. military technological superiority is being “challenged in ways that I have not seen for decades, particularly in the Asia-Pacific Region.” He cited China’s military modernization and shrinking U.S. defense budgets as the main causes.

On February 4, James Clapper, Director of National Intelligence told a hearing of the House Intelligence Committee with respect to China, “They’ve been quite aggressive about asserting what they believe is their manifest destiny, if you will, in that part of the world. “ Clapper noted that China’s “very impressive military modernization” was designed to address what China views as U.S. military strengths.

According to testimony by the Office of Naval Intelligence (ONI) to the U.S. China Economic and Security Review on January 30, “The Chinese navy has ambitious plans over the next 15 years to rapidly advance its fleet of surface ships and submarines as well as maritime weapons and sensors.” The ONI reported that China laid down, launched or commissioned more than 50 naval ships in 2013 with a similar number planned for this year.

At the same time, it was reported that China has begun construction a second aircraft carrier which it hopes to launch in 2018. Security analysts believe that China plans to operate a carrier battle group in the “far seas” by 2020. There were also reports that China was building a hypersonic missile capable of penetrating the U.S. missile defense system.

In an analysis released in early February, IHS Jane’s estimated that China’s defense spending would reach nearly $160 billion in 2015, up from $139 billion spent in 2013. According to Deputy Undersecretary Kendall, “Overall, China’s military investments are increasing in double-digit numbers each year, about 10 percent.”

China continued to make similar advances on the paramilitary front. On January 10, a new 5,000 tonne ship was commissioned into China Coast Guard South Sea Fleet and stationed at Sansha City on Woody island in the Paracels. The China Ocean News reported on January 21 that the new vessel would commence regular patrols in the South China Sea to protect China’s maritime interests and provide a “speedy, orderly and effective emergency response to sudden incidents at sea.” Also on the same day, the Global Times and Beijing Times reported that China was building a 10,000-ton marine surveillance ship, the largest of its kind in the world.

Current short-term and long-term security trends appear likely to exacerbate tensions over territorial disputes in the South China Sea. The Philippines continues to engage in a war of words with China, while China continues to invest in Second Thomas Reef by stationing warships in the area.

Differences in approach between the Philippines and Malaysia make it unlikely the four claimant states can reach a common position for ASEAN to endorse. ASEAN itself appears unable to reach a consensus that Chinese fishing bans in the South China Sea, coupled with the possible imposition of a Chinese ADIZ, are security issues affecting the whole of Southeast Asia.

China is continuing its build-up and modernization of both PLAN warships and paramilitary Coast Guard vessels. The former continue to conduct military exercises in areas where China’s nine-dash line overlaps with the Exclusive Economic Zones of claimant states. The latter are increasing in size thus enabling them to patrol and remain on station in the South China Sea for longer periods.

The current proactive U.S. challenge to China’s nine-dash line claim and opposition to any ADIZ in the South China Sea is likely to meet Chinese political, diplomatic and possibly military resistance in the form of challenges in contested waters. In the long-term, China’s naval modernization and expansion will result in the relative decline of U.S. naval primacy in the Western Pacific.

Article Source: The Diplomat

China planning permanent structures on Bajo de Masinloc?

China has maintained a continued naval presence on Bajo de Masinloc or Scarborough Shoal, which is widely seen as a preparation for the establishment of a permanent structure well within Philippine territorial waters in the West Philippine Sea (South China Sea). 

A confidential Philippine government report acknowledged that Beijing will use its growing military capability to assert its sovereignty and control in the disputed territories despite Manila’s assertions and continued diplomatic efforts to resolve the disputes.

Documents obtained by News5 showed that Chinese Coast Guard and Marine Surveillance vessels have been constantly present on the shoal as far back as April 2012.

Apart from the ships, it appears China has also been placing buoys as a “prelude” to the establishment of a permanent presence on the shoal. 

Bajo de Masinloc, the largest atoll in the West Philippine Sea, which China calls Huangyan Island, sits on an area believed to hold vast mineral, oil, and gas reserves. 

China's presence 

The Philippine government report of China’s continued naval presence comes after major developments involving the South China Sea disputes: China’s enforcement of a fisheries law and China state media reports that Beijing has readied a “detailed combat plan” to seize control of Pag–asa Island in the Kalayaan Island Group, located in the Philippine zone of the disputed Spratly islands.

“The Philippines is so arrogant as to announce in the New Year that it will increase its navy and air force deployment at Zhongye (Pag–Asa)  Island, a Chinese island that it has illegally occupied for years,” the Qianzhan report said, emphasizing further: “The battle is aimed at recovery of the island stolen by the Philippines from China.”

But the report assured that, “There will be no invasion into Filipino territories.”

Government documents showed that for whole 2013, China has maintained at least one ship in the Bajo de Masinloc/Scarborough Shoal area. The only times the Chinese ships withdrew from the area was in July and November due to bad weather “but returned a few days after.”

In April 2012, the Philippines intercepted eight Chinese fishing vessels on Bajo de Masinloc and seized large amounts of illegal collected corals, giant clams, and live sharks. China protested the seizures, insisting Bajo de Masinloc is within Chinese territory.

Manila strongly argued that Bajo de Masinloc is not part of the disputed territories wit China and that it is 124 nautical miles from the coast of Luzon – well within the 200 nautical mile exclusive economic zone of the Philippines.

Similar to Mischief Reef? 

Since the start of the standoff in April 2012, Chinese Maritime Surveillance and PLA Navy ships were present on Bajo de Masinloc. The government report stated the presence of the ships there is part of a China’s pattern to establish a permanent presence – similar to what they did in Mischief Reef.

“China has a history of occupying islands or territory that does not belong to her, just like the case of Mischief Reef. We should not discount the possibility that it will exert its full influence and capacity in order to occupy disputed areas in the West Philippine Sea and Scarborough Shoal as evidence by the prepositioning of naval frigates and destroyers,” the confidential government report stated.

Surveillance photos, taken in August 2013, show three Chinese coast guard vessels were seen at the shoal’s entrance. The photos also showed that China has placed a white buoy and built a concrete platform near the shoal’s entrance.

The Chinese Coast Guard vessels were identified by their hull numbers: BN 1127, BN 1117, and BN 3412.

“The sighting of buoys at Scarborough Shoal is seen as a prelude to occupation as patterned from the occupation of Mischief Reef in 1995,” the documents stated, adding that the Chinese ships allows them to respond “quickly to a contingency at Scarborough Shoal.”

The buoy and concrete platform are different from the 75 concrete blocks found in the area, which Manila had earlier claimed was placed by China. It was later found out the blocks were placed by the US since the area was once used as a gunnery range.

In the Mischief Reef case, the Philippine discovered buoys and concrete platforms placed by China but Beijing at that time insisted they wouldl just build shelters on stilts for its fishermen.

However, over the years, Beijing gradually built a massive garrison made up of four complexes with 13 multi–storey buildings that can house up to 50 soldiers. The Mischief Reef complex is also equipped with satellite communications and radar facilities, a windmill to provide power, helicopter landing pads, and docks for patrol ships.

The report likewise warned that China is expected to show “more assertive actions” should Manila confront them anew over Bajo de Masinloc.

According to the report, among the expected Chinese reponses to Manila are: a show of force to demonstrate effective control of Scarborough Shoal; deploy more maritime law enforcement ships to prevent the Philippines’ from patrolling the area and the construction / placement of more buoys around Scarborough Shoal.

Philippine Coast Guard has maintained patrols in the area, shadowing the Chinese ships.

The report concluded by stressing that “the situation at Scarborough Shoal requires the Philippines to remain vigilant and ready in any eventuality should tensions escalate between the two claimants.”

Bajo de Masinloc's importance to China

French geographer Francois-Xavier Bonnet, research associate of the Bangkok-based Research Institute on Contemporary Southeast Asia, explains the importance of Bajo de Masinloc to China in his November 2012 paper titledGeopolitics of Scarborough Shoal. 

He says the shoal is part of a larger archipelago called Zhongsha Qundao, whose only features above sea level are the few rocks on Bajo de Masinloc. 

“The stakes are high... If China loses these rocks, it would not only lose the natural resources around the shoal (fishing grounds and the potential deposits of polymetallic nodules4) but also the possibility of claiming Zhongsha Qundao and, by consequence, the whole of the South China Sea,” says Bonnet. 

Article Source: InterAksyon

Has China 'roped off' Scarborough?

MANILA, Philippines -- Chinese fishing boats may have left Scarborough (Panatag) Shoal but Philippine authorities said they appear to have “roped off” the entrance to the disputed territory.

Defense Secretary Voltaire Gazmin said they “assumed” the barrier had been placed there by China to prevent Filipino vessels from entering the shoal.

“Ang nakita sa report ng Coast Guard, may nilagay pa na tali sa entrance ng shoal (The Coast Guard report said there was a rope tied across the entrance to the shaol),” Gazmin said.

He added that two Chinese vessels, one from the Fisheries Law Enforcement Command and a maritime surveillance ship, remained at the shoal, which the Philippines also calls Bajo de Masinloc.

The Philippines and China have been engaged in a standoff over Scarborough since April, when the Navy flagship BRP Gregorio del Pilar intercepted Chinese fishing boats laden with contraband marine products.

Gazmin said the inclement weather has made it difficult for Philippine ships and boats to go to Scarborough.

The Defense chief said there is a need to resolve the latest situation.

"Pine-prevent tayo makapasok because kine-claim nila kanila, kine-claim din natin na atin, kaya kailangan mag-usap para mabigyang kalutasan ito (They are preventing us from entering because they claim the area, we claim it too, so we should talk and find a solution to this)," Gazmin said.

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Abigail Kwok | InterAksyon.com | August 3, 2012 | Article Link

Philippines 1st 'mistake' in Scarborough

MANILA, Philippines – For 8 Chinese fishing boats, the Philippines sent its biggest warship.

This, said a Singapore-based public policy expert, was the Philippines' fundamental “mistake” in the Scarborough Shoal dispute that erupted in April. The Philippine Navy then sent its flagship, the former US Hamilton-class cutter BRP Gregorio del Pilar.

“First, you sent out a message that you're ready to fight; you sent a warship. Second, you handled it as an international dispute,” said Huang Jing, professor at the National University of Singapore's Center on Asia and Globalization.

Huang spoke Friday, July 20, in a forum at the University of the Philippines titled "The Rise of China and the US Asia Pivot: Implications for the Philippines, Asean, and the West Philippine Sea Dispute."

NAVY'S FASTEST. The BRP Gregorio Del Pilar. Photo from www.gov.ph

Philippine Navy chief Vice Admiral Alexander Pama had said BRP Gregorio del Pilar was initially meant to go to Poro Point, La Union to prepare for North Korea's rocket launch before the standoff began. The ship, however, was diverted to Scarborough Shoal after authorities spotted the Chinese vessels.

For its part, China sent two maritime patrol ships, which are civilian in nature.

“China also sent two messages,” Huang said. “The first message, 'I'm trying to do it peacefully.' The second message – that is more fundamental – 'These are internal affairs, so I'm going to send my civilian police force.'”

This is because China wants to prove its “peaceful rise.” “China has always said that it follows a strategy of peaceful rise – and indeed China's rise has been peaceful... This is a test. Will this global power still remain peaceful?” he said.

BOATMEN INVOLVED. Some of the Chinese fishermen accosted by the Philippine Navy pose before their fishing boat. Screen grab from news.xinhuanet.com

The Philippines, eventually, pulled out BRP Gregorio del Pilar and had Coast Guard vessels – civilian ships – to conduct surveillance instead.

'Best' in response

Following this was a series of commitments between the Philippines and China to deescalate the tension in Scarborough Shoal. 

Eventually, the two countries supposedly promised to pull out their ships from the shoal's lagoon. The Philippines claimed China broke this commitment, while China asserted there was no such promise in the first place.

SCARBOROUGH VESSELS. In this graph issued May 23, the Philippines' Department of Foreign Affairs tracks the increase in Chinese vessels as opposed to the Philippines' ships in Scarborough Shoal. Courtesy of DFA

Other analysts have criticized China over its attitude in the dispute.

In a recent forum organized by the Center for Strategic and International Studies (CSIS), Southeast Asian security expert Carlyle Thayer hit China's “dismissive” attitude.

“It's the best country in the world to respond to an incident. As soon as an incident occurs anywhere, China's never to blame. The other side's lying, mendacious, they made it up, or within 24 hours, we can tell you, it's just normal Chinese jurisdiction activities. They've never once conceded that there may be hothead, rogues, or miscalculation by someone out there... that they need to investigate and look at,” Thayer said.

For others, China should join the Philippines in bringing the Scarborough Shoal dispute before an international court. China, however, has repeatedly rejected the Philippines' invitations to do so, because “internationalizing this issue will only complicate and magnify the situation.”

US support?

Meanwhile, Huang cautioned Filipinos against depending too much on US aid in South China Sea issues. This, despite the 1951 Philippine-US Mutual Defense Treaty that states: “Each party recognizes that an armed attack in the Pacific area on either of the parties would be dangerous to its own peace and safety, and declares that it would act to meet the common dangers in accordance with its constitutional process.”

“If China dares to attack the Philippines, the United States will have no choice but to come to your defense,” Huang said. But if it happens in the South China Sea, "it's not really covered by the treaty.”

The MDT limits its coverage to armed attacks “on the metropolitan territory of either of the parties, or on the island territories under its jurisdiction in the Pacific, or on its armed forces, public vessels, or aircraft in the Pacific.” 

Huang noted the US has made it clear it will not take sides in South China Sea disputes. Much less would US go into war with China given the latter's growing economic and military might, according to Huang.

“If you are (US President Barack) Obama right now, do you want a war in the South China Sea? The answer is, that will be a nightmare for him,” Huang said. “He cannot send troops to fight the Chinese. But if he does not do that, he will be grilled alive by people like (Mitt) Romney.”

When President Benigno Aquino III visited the US in June, however, what US President Barack Obama did was pledge freedom of navigation in the South China Sea.

Nevertheless, the ongoing dispute has produced “very good” effects for the Philippines, said Southeast Asian analyst Zachary Abuza in an interview on Rappler's Talk Thursday.

He said the Philippines, for one, has recognized the importance of broading alliances with the US and the rest of the Southeast Asian region.

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 Paterno Esmaquel II | Rappler.Com | July 20, 2012 | Article Link

DFA: China boats blocking PHL vessels from Panatag Shoal

China has blocked Philippine ships and fishing vessels from the lagoon of the disputed Panatag (Scarborough) Shoal in West Philippine Sea by setting up barriers to its entry point, a top Department of Foreign Affairs official said Wednesday.

 

In its boldest display of assertion to date over the area, China had placed barriers at the entrance of the lagoon of Bajo de Masinloc or Scarborough Shoal, DFA Undersecretary Erlinda Basilio said.

 

China has reneged on its commitment to remove the barriers and also to withdraw its vessels inside the shoal, which Philippines officials say is well within Manila’s territory.

 

“The Philippines forged an agreement with a neighboring country for the simultaneous pullout of all vessels inside the shoal, which we undertook in good faith last June 4,” Basilio said, referring to China.

 

China has agreed to remove the blockade, she said.

 

To this day, Basilio said “the neighboring country has not fulfilled its obligations under the agreement and has maintained its ships inside and outside the shoal, as well as its barrier, in its aim to establish effective control and jurisdiction in the shoal and surrounding waters.”

 

The Chinese blockades comprised of a long rope and fishing nets held by buoys from end to end.

 

GMA News Online contacted the Chinese embassy in Manila, but there was no response as of this posting.

 

Several Chinese dinghies were tied together and used to block the lagoon’s entrance, Philippine officials who requested not to be named as they were not allowed to speak to the media told GMA News Online.

 

Manila and Beijing have been locked in a tense standoff in the area since April 10. Last month, President Benigno Aquino III pulled out Philippine vessels in the face off with Chinese ships due to bad weather.

 

The impasse started when Chinese ships blocked the arrest of fishermen, who were caught poaching by Philippine authorities.

 

China and the Philippines and are both claiming ownership over Bajo de Masinloc.

 

Manila says the rich fishing ground falls within its 200-nautical mile exclusive economic zone under the United Nations Convention on the Law of the Sea (UNCLOS).

 

China, which claims almost the whole of the resource-rich West Philippine (South China) Sea, maintains Bajo de Masinloc is “an integral part of Chinese territory,” citing ancient maps to back its claim.

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Michaela Del Callar | GMA News Online | July 18, 2012 | Article Link

Philippines slams Chinese 'duplicity, intimidation'

The Philippines' foreign minister on Thursday denounced Chinese "duplicity" and "intimidation" in the South China Sea, souring the mood at a regional gathering designed to soothe tensions.

"If Philippine sovereignty and jurisdiction can be denigrated by a powerful country through pressure, duplicity, intimidation and the threat of the use of force, the international community should be concerned about the behaviour," Albert del Rosario told the meeting, according to an official statement.

He was referring to a recent standoff between Chinese and Philippine boats at a rocky outcrop called the Scarborough Shoal, which is claimed by both sides.

Del Rosario said Beijing's increasingly assertive stance over disputed and non-disputed areas of the South China Sea posed a "threat to the peace and stability" in the Asia Pacific region.

"If left unchecked, the increasing tensions that is being generated in the process could further escalate into physical hostilities which no one wants," he said at the ASEAN Regional Forum, which was also attended by Chinese Foreign Minister Yang Jiechi and US Secretary of State Hillary Clinton.

The dispute over Scarborough Shoal began after Chinese government vessels blocked Philippine ships in an operation to arrest Chinese fishermen near the shoal on April 10.
China claims nearly all of the South China Sea, even waters close to the coasts of neighbouring countries. The Philippines says the shoal is well within its 200-nautical-mile exclusive economic zone.

A sharp disagreement over whether to mention the standoff over the shoal has held up a joint statement being prepared by the Association of Southeast Asian Nations (ASEAN).
Manila wants the standoff mentioned while Cambodia, a staunch Chinese ally that currently holds the ASEAN chair, has rejected the proposal.

The Philippines is also leading a push for ASEAN to unite to propose to China a code of conduct aimed at governing behaviour and preventing conflicts in the South China Sea.
Progress on the code, strongly encouraged by the United States, was seen by analysts as a way of dissipating anger in the region and smoothing tensions after a string of recent confrontations.

Vietnam has accused China of aggressive behaviour and on Wednesday Japan lodged a formal complaint over Chinese boats approaching islands in the East China Sea which are controlled by Tokyo.

ASEAN has already agreed the key elements it will propose in any negotiations with China, including using international law such as the UN Convention on the Law of the Sea as the basis for any dispute.

But analysts said Beijing was likely to reject any use of international law to settle disputes because its position is to deal bilaterally with each claimant.

Yang has told his fellow ASEAN ministers in Cambodia that China will consider the proposal but stressed that negotiations for a code of conduct will only be launched when "conditions are ripe".

Clinton said earlier Thursday that nations should settle their territorial disputes "without coercion, without intimidation, without threats, and without use of force".

She also urged progress on the long-stalled code of conduct for the South China Sea to avoid "confusion and even confrontation" over shipping and fishing rights in the resource-rich waterway which is home to key shipping lanes.

The Scarborough Shoal sits about 230 kilometres (140 miles) from the Philippines' main island of Luzon. The nearest major Chinese landmass is 1,200 kilometres northwest of the shoal, according to Philippine navy maps.

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Martin Abbugao | AFP News | July 12, 2012 | Article Link

P-Noy to China: Pull out ships from shoal

MANILA, Philippines - President Aquino yesterday called on China to pull out all its ships from Panatag (Scarborough) Shoal as he assailed Beijing for asking the Philippines to stop making provocative statements while itself continuing to talk.

“It’s not clear to me what provocative statements the Philippines or Filipino officials have made. But we know that the other side has been saying a lot. So maybe they should read first what have been written on their end and with all due respect, maybe they can balance that with reality,” Aquino said yesterday.

Malacañang also said that the redeployment of ships to Panatag Shoal, also known as Bajo de Masinloc, would depend on the weather.

“There are many schools of thought on how to handle (or) how to deal with the Chinese. So we will be getting, in effect, a discussion on the opposite points of view on what is the best approach to settle this issue,” Aquino noted.

As this developed, the Department of Foreign Affairs (DFA) summoned on Wednesday China’s top diplomat in the Philippines and gave her a note verbale protesting Beijng’s establishment of a new “prefectural-level” city of Sansha to administer three disputed islands in the West Philippine Sea and future development of the islands.

“The DFA sent a note verbale dated 28 June 2012 and handed this to Ambassador Ma yesterday, protesting the establishment of Sansha City as the extent of the jurisdiction of the city violates Philippine territorial sovereignty over the Kalayaan Island Group (Spratlys) and Bajo de Masinloc and infringes on Philippine sovereign rights over the waters and continental shelf of the West Philippine Sea,” Foreign Affairs spokesman Raul Hernandez said.

He pointed out “it was a diplomatic protest” since the declaration of the establishment of Sansha City contradicts the spirit of the Declaration of Conduct of Parties in the South China Sea and the non-aggression accord in 2002.

A senior security official also noted that China’s latest move showed that it has no respect towards its neighbors when it comes to peacefully settling territorial disputes in the region.

“With the way Beijing is behaving, it only showed that they don’t have any respect towards its neighbors,” the security official, who asked not be named, said.

Contrary to Beijing’s claim that the Philippines is plotting to further increase the tension in the region, its present actions to bolster its territorial claim of the entire South China Sea showed otherwise, the security official said.

Earlier, presidential spokesman Edwin Lacierda said Chinese officials and the state media were the ones who should be careful about issuing statements.

“Can I say to the Chinese ‘xiao xin yi dian.’ Be a little careful about your statements,” Lacierda said in reaction to a commentary in the People’s Daily of China, which admonished the Philippine government for its plan to ask the United States to deploy spy planes over the West Philippine Sea to help monitor the country’s territorial waters.

Lacierda stressed the Philippines has the right to explore all options in safeguarding its territorial waters, including seeking help from the US.

He added that the request should be viewed in the context of the defense cooperation between the Philippines and the US.

“So there’s no issue to us. We do not view it as a provocative statement,” Lacierda said. 

“And as the President said, by no stretch of the imagination can you consider the Philippines as an aggressor.”

Defending Kalayaan

Meanwhile, Kalayaan, Palawan Mayor Eugenio Bito-onon said his civilian constituents in the Spratly region are not disturbed by China’s current aggression.

“We are not disturbed at all,” Bito-onon said, adding that aside from the Philippines, China has also to deal with other Spratlys claimant countries if Beijing so decides to settle the territorial dispute by force.

Western Command (Wescom) commander Lt. Gen. Juancho Sabban also vowed that they would defend at all costs Kalayaan municipality.

“We will keep on doing our duty, prepare for any contingency and let our leaders do the high level solutions. Kalayaan municipality is ours. We will defend it,” Sabban said.

Wescom, a composite military unit of the Armed Forces of the Philippines (AFP), has operational jurisdictions over the Kalayaan Island Group (KIG) and has forward troops deployed in the region.

The Philippines and China are currently locked in a territorial dispute not only in Panatag Shoal but also in the Spratly region, which is also being claimed in whole or in part by Vietnam, Malaysia, Taiwan and Brunei.

The Spratly archipelago is a chain of islets, reefs, atolls and sand bars straddling the South China Sea, which is believed to be rich in mineral and fuel deposits.

Panatag Shoal is located 124 nautical miles from Zambales Province and is within the Philippines’ 200-nautical mile exclusive economic zone (EEZ) and continental shelf.

China stands on a historical claim while the Philippines has taken the view that Beijing’s claim is not supported by the United Nations Convention on the Law of the Sea (UNCLOS) 

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Aurea Calica | The Philippine Star/Yahoo News Online | July 6, 2012 | Article Link

'Be careful what you say,' Palace tells China

MANILA, Philippines - Malacanang on Wednesday cautioned China about accusing the Philippines of stirring up tensions in the South China Sea, which Manila calls the West Philippine Sea.

“Xiao xin yi dian (Be a little careful about what you say)," Palace spokesman Edwin Lacierda said as he denied Chinese claims President Benigno Aquino III's statement that he may ask the United States to deploy spy planes to help monitor its waters was a provocation.

A commentary in the People's Daily, known to be a mouthpiece of China's Communist Party, said on Tuesday that the Philippines was planning to stoke tensions at a meeting of Association of Southeast Asian Nations foreign ministers in Cambodia this week.

"On the cusp of the ASEAN foreign ministers meetings, the Philippines is sparing no effort to stir up the South China Sea issue through all sorts of means, and we should be on guard against its plots," the newspaper wrote.

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News5/InterAksyon.Com | July 4, 2012 | Article Link

Coast Guard ready to sail back to Panatag Shoal

MANILA, Philippines - The Coast Guard is all set to sail back to Panatag (Scarborough) Shoal.

Coast Guard fleet commander Rear Adm. Rodolfo Isorena said all their vessels are on standby and ready to perform maritime duties in the shoal, 124 miles from Zambales.

“Any time we are prepared to go back,” he said. “We are just waiting for orders.”

Isorena spoke at the sidelines of the official launching of this year’s joint naval and maritime exercise between the Philippines and the United States in General Santos City in which the Coast Guard is participating.

The BRP Pampanga was the first Coast Guard vessel to be dispatched to Panatag Shoal.

Maritime tension between the Philippines and China started when two Chinese maritime surveillance ships blocked moves of the Philippine Navy flagship BRP Gregorio del Pilar from effecting the arrest of Chinese fishermen caught poaching in the shoal and illegally harvesting endangered marine species like giant clams, corals and sharks.

Coast Guard vessels have been alternately maintaining their presence in the shoal since May 10 until President Aquino ordered the pullout last month due to bad weather.

While in General Santos City, the Pampanga and crew are all geared up for the sea phase of CARAT 2012.

CARAT 2012 is a bilateral training exercise between the Philippine and US navies. It started in 1995 in line with the Phl-US Mutual Defense Treaty (MDT).

This year’s joint naval and maritime training, aimed to further foster strong relationship and mutual cooperation of the units involved, is also introducing, for the first time, minesweeping and nighttime naval insertion operations in the Mindanao Sea.

In this year’s exercise, the US government invited the Philippine Coast Guard to actively participate in the sea phase, anti-terrorist and other related trainings.

No problem with Chinese ships

Armed Forces chief Gen. Jessie Dellosa does not see any problem with China’s sending of patrol ships to the West Philippine Sea.

“As long as they are within the freedom of navigation area, there is no problem with that,” he said. “Ships usually navigate that area. There is no problem.”

Speaking to reporters yesterday, Dellosa said it would be up to the national government to redeploy Philippine vessels to the hotly contested Panatag Shoal.

Dellosa said the Navy must not be involved in the dispute as the Coast Guard is already monitoring the situation.

“We will just wait for the instructions,” he said. “As of now, there is none. We don’t want to escalate the situation. It’s been the Coast Guard (that is monitoring the area). We have no Navy (ships) there so I do not have control.”

The Navy’s latest aerial surveillance showed 28 Chinese vessels and boats are in the area.

However, the latest report was issued on June 26 and no other updates have been released after that.

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Jaime Laude | The Philippine Star | July 4, 2012 | Article Link

DFA to seek clarification on return of Chinese vessels to Panatag

MANILA, Philippines -- The Philippine Department of Foreign Affairs on Wednesday said it would seek clarification from China regarding the return of its vessels to the lagoon of the Scarborough [Panatag] Shoal off northwestern Philippines two days after it was reported to have left the contested area.

“We would like to ask for clarification as to what happened,” Foreign Affairs spokesman Raul Hernandez told reporters as he reiterated China’s commitment to pull out its vessels inside the shoal.

Hernandez said China’s renewed presence at the lagoon would be taken up in the government’s next consultations with Chinese embassy officials in Manila.

“Negotiations and decisions always require people to act in good faith," he said. "We would like the parties to this issue to comply with commitments."

“That’s how we try to move forward with the discussion and to resolve this issue diplomatically and peacefully,” Hernandez said.

Manila and Beijing both pledged to pull out all its government and fishing vessels from inside the shoal’s lagoon to ease tensions, Hernandez said.

Weeks earlier, Philippine vessels, as part of this commitment, left the lagoon and moved outside the shoal, but Chinese government ships and fishing boats have remained inside.

Both the Philippines and China claim ownership to the shoal, which had been at the center of weeks-long territorial feud between the two nations.

A standoff erupted between the two countries on April 10 when China’s government ships prevented Philippine authorities from accosting Chinese fishermen poaching in the shoal, which Manila said was part of its territory.

On June 15, the President Benigno Aquino III ordered the pullout of the two remaining Philippine government ships in the area due to bad weather, in a move that temporarily halted the standoff.

Aquino has said that he would send back Philippine sovereignty vessels to the shoal if Chinese ships would not leave the area.

A Philippine plane, he said, would conduct surveillance to check on the Chinese presence as soon as the weather clears.

Scarborough, a ring-shaped coral reef with rocky outcrops teeming with marine life, is called Panatag or Bajo de Masinloc by Manila and Huangyan Island by Beijing.

The Department of Foreign Affairs has sent its recommendations to the President regarding the current situation at the shoal.

“We’ll just wait for the higher authorities to make a decision,” Hernandez said, declining to give further details. “I am not at liberty to divulge these recommendations at this time.”

On Monday, the DFA announced that Chinese government ships and fishing vessels have left the shoal’s lagoon.

Hernandez said the basis of the DFA’s announcement was based on information it received on June 23 that there are no more Chinese vessels inside the shoal.

Two days later, the Philippine Navy conducted an aerial survey of Scarborough and sighted six Chinese fishing vessels, accompanied by 17 smaller boats, inside the lagoon while five of Beijing’s government ships stood guard outside the contested area.

Manila said the shoal, located 124 nautical miles from Masinloc town in Zamabales and 472 nautical miles from China’s nearest land mass in Hainan province, was within the country’s 200-nautical mile exclusive economic zone as provided by the United Nations Convention on the Law of the Sea.

Both countries, along with 162 other nations, are signatories to the treaty.

China rejected Manila’s assertion over the shoal, saying proximity alone could not be a basis for ownership.

It said it was the first to have discovered Scarborough, citing ancient maps to prove its claim.

Apart from Scarborough, China also claims the South China Sea nearly in its entirety, including areas that overlap with the Philippines’ territorial waters.

Competing claims to the South China Sea, believed to be harboring vast oil and gas deposits, by the Philippines, China, Malaysia, Vietnam, Brunei and Taiwan, have ignited violent confrontations in the past, sparking fears it could be Asia’s next potential flashpoint for war. 

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Philippine News Agency/InterAksyon.Com | June 27, 2012 | Article Link

PNoy gags Navy on Panatag Shoal; China sends 4 patrol ships to West Philippine Sea

MANILA, Philippines – (UPDATE: 4:58 pm) President Benigno Aquino III has restricted to the Department of Foreign Affairs (DFA) all public announcements of updates in the Panatag Shoal standoff, and wants a full discussion of the conditions in the area before pursuing a declared intent to redeploy Philippine ships that were pulled out last week due to bad weather.

Even as Palace officials indicated Manila will still redeploy its boats to the area off Masinloc, Zambales if Chinese ships stay put, Beijing was reported to have deployed four maritime surveillance ships to the South China Sea (called West Philippine Sea by Manila) on regular patrols.

The apparent gagging of non-DFA agencies was apparently taken after the Philippine Navy monitoring report on Tuesday showed 28 Chinese ships of varying sizes were still in the area, some right within the lagoon, as of late Monday, as seen by an aerial sweep of a Navy islander plane. 

That information contradicted a DFA announcement that all Chinese ships had left the Panatag (Scarborough) Shoal area, site of a standoff since April 10.

Protest over  school  dismissed

Meanwhile, Malacanang Palace spokesman Edwin Lacierda dismissed Beijing’s protest over the establishment of a school on Pagasa Island in the Spratlys, saying Pagasa has long been Philippine territory. It is in fact listed among the voting precincts. 

On Wednesday, President Aquino sought a full discussion on Panatag Shoal before ordering the return of Philippine ships to the area.

The apparent gag order on non-DFA agencies notwithstanding, Palace officials indicated that the government will, as announced last week, redeploy its vessels to Panatag amid reports that a total of 28 Chinese vessels have returned to the area.

"The President’s position still stands," presidential spokesman Edwin Lacierda said on Wednesday.

This was in reference to President Aquino’s earlier pronouncement that the two vessels of the Bureau of Fisheries and Aquatic Resources and the Philippine Coast Guard would be redeployed to Panatag if foreign vessels remain in the area.

Based on the latest aerial surveillance by the Philippine Navy, 23 out of the 28 Chinese vessels are right inside the lagoon.

The remaining vessels – three Chinese maritime surveillance vessels and two fishery and law enforcement command (FLEC) ships – are outside the lagoon.

"(The redeployment will be) based on considerations. For instance, the weather will be a consideration. There will be parameters that will be considered," Lacierda added. 

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News5/InterAksyon.Com | June 27, 2012 | Article Link

Navy 'willing and able' to return to Panatag

MANILA, Philippines - The Philippine Navy is waiting for President Benigno Simeon Aquino III to order them to go back to the Panatag Shoal (Scarborough Shoal) following confirmation that Chinese vessels have yet to pull out from the disputed territory despite an agreement to do so.

"The Navy is willing and able to undertake whatever instructions given to us," Navy chief Vice Admiral Alexander Pama said in a television interview.

However, Pama said the Palace has yet to give the Philippine Navy its go-signal to return to the shoal. He also said the government is opting to send non-military ships to the shoal, which is called Bajo de Masinloc by Zambales residents.

The tension between the Philippines and China began in April when a Philippine Navy ship boarded eight Chinese vessels, which were allegedly caught poaching giant clams, baby sharks and coral reefs.

However, a large Chinese vessel blocked the arrest and detention of the Chinese fishermen.

On June 15, President Aquino ordered two ships from the Philippine Coast Guard and the Bureau of Fisheries and Aquatic Resources to pull out from the shoal due to bad weather.

The Department of Foreign Affairs (DFA) had said that the Philippines and China had an agreement to pull out ships from the lagoon of Panatag Shoal. It clarified that both countries can deploy ships outside the lagoon.

On Monday, DFA Secretary Albert del Rosario announced that Chinese boats have been pulled out from the lagoon.

Pama, however, reported on Tuesday that six fishing boats and 17 dinghies were spotted by the Philippine Navy inside the lagoon during an aerial inspection on Monday. He added that three Chinese maritime surveillance ships and two Chinese fishery and law enforcement command (FLEC) ships were outside the lagoon.

Pama clarified that Del Rosario could have been quoting a previous report.

President Aquino had said that he may order the return of Philippine ships to the shoal if the Chinese will continue its presence in the lagoon.

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The Philippine Star | June 27, 2012 | Article Link

28 Chinese vessels spotted around Scarborough Shoal - Philippine Navy

MANILA – (UPDATE, 2 p.m.) The Philippine Navy on Tuesday belied reports that China withdrew its ships from the disputed Scarborough Shoal.

Based on a report following an aerial surveillance by a Navy Islander plane, Navy flag officer-in-command Vice Admiral Alexander Pama said that as of 2 p.m. Monday, a total of 28 Chinese vessels and boats were spotted in and outside the lagoon.

This consists of three China maritime surveillance (CMS) vessels, two Fisheries Law Enforcement Command (FLEC) ships, six fishing boats, and 17 dinghies.

Of this number, the six fishing boats and 17 dinghies were spotted inside the lagoon itself.

No Philippine ships are in Scarborough Shoal after the government withdrew the vessels due to bad weather.

The Navy report was contrary to the statement of the Department of Foreign Affairs (DFA) on Monday that there were no more Chinese ships inside the lagoon itself. The DFA issued the same statement Tuesday afternoon.

The withdrawal of all types of vessels from inside the lagoon was part of the agreement between the two countries reached through diplomatic negotiations. 

The withdrawal of vessels from outside the lagoon and around the shoal is still to be negotiated, the DFA had said. 

Diplomatic sources said the Chinese ships are expected to leave the area as soon as weather permits. The shoal is a known sanctuary for fishermen caught in a storm in the West Philippine Sea.

Asked if China was lying based on this report, Defense Secretary Voltaire Gazmin said: "We would not cast judgment."

Gazmin said he would recommend that Philippine vessels return to the shoal once weather improves. 

The rainy season with its attendant typhoons has prompted President Benigno Aquino III on June 15 to call both the Philippine Coast Guard patrol vessel and the Bureau of Fisheries and Aquatic Resources survey ship to shore. 

China and the Philippines have remained in a standoff since April 10, when the Philippines' only warship BRP Gregorio del Pilar tried to enforce Philippine environmental laws on Chinese fishermen caught in the lagoon poaching and harvesting endangered marine species. China reacted and sent its maritime and fisheries ships in order to protect its fishermen. 

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Abigail Kwok | InterAksyon.com | June 26, 2012 | Article Link