South China Sea: Philippine fishermen protest against new rule for coastguard arrest

Outside the Chinese consulate office in Makati, former Bayan representative Teddy Casiño said demonstrators were urging China to reconsider its coastguard policy.

“We are here to condemn China’s latest new level of grabbing our territory,” Casiño told reporters minutes after police officers blocked their further advance on the consulate building.

Under the regulation set to take effect on Saturday, the China Coast Guard is authorised to detain foreign nationals for up to 60 days if they are caught trespassing in what is considered Beijing’s territorial waters.

Protesters at a rally in front of the Chinese consulate in Manila on June 14. Photo: EPA-EFE

Leonardo Cuaresma, leader of the New Masinloc Fishermen’s Association in the town of Masinloc in Zambales, a province near Scarborough Shoal, told This Week in Asia in a phone interview that his community would continue to operate in their traditional fishing ground.

He reiterated a warning to abduct 10 Chinese nationals for every local hurt or detained by China. “There are many Chinese here in the country if that’s what they want,” he warned.

“We will continue to fish. We don’t care about that rule because we believe we are not violating any law,” Cuaresma said. “It’s like an ordinary day for us. They have been doing that before. They imposed a fishing ban and now they have added a new regulation. We are already immune to that.”

In 2012, China gained control of the Scarborough Shoal, a traditional fishing ground, after a stand-off with the Philippines, and the area has seen bouts of high-tension encounters over sovereignty and fishing rights for years.

Claimants such as the Philippines, Malaysia and Vietnam, among other Asean countries, hold that all maritime claims must be based on the 1982 United Nations Convention on the Law of the Sea (Unclos).

China – which is a party to Unclos – has rejected the ruling, insisting it has jurisdiction over the waterways as indicated by its so-called nine-dash line.

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Ban Chinese products

President Ferdinand Marcos Jnr earlier called Beijing’s policy “completely unacceptable”, with the Department of Foreign Affairs arguing the order was inconsistent with Unclos.

Cuaresma said the central government should take strong action against China’s aggression in the West Philippine Sea by banning its products in the country.

“We noticed that every time our government is taking actions like increasing patrols in the West Philippine Sea, the Chinese also are tripling their presence. I think it’s time for our government to take action because it looks like nothing is happening,” he said.

China’s new rules came amid heightened tensions with the Philippines in the disputed waters.

Earlier this month, the People’s Liberation Army’s Southern Theatre Command, which oversees the South China Sea, deployed three of its most advanced Type 055 guided-missile destroyers – the Xianyang, Zunyi and Yanan – for military drills focusing on maritime assault, anti-submarine operations and single-ship air defence.

Manila’s foreign affairs said Thursday it would study steps to take regarding the reported military drills allegedly within the country’s exclusive economic zone.

“As we’ve always said, we want to manage the situation peacefully and that if there is any incident that raises tension, that certainly is something that we would like to avoid,” Department of Foreign Affairs Secretary Enrique Manalo told reporters Thursday.

On the implications for bilateral relations, lawyer Aldrin Alba, a legal expert at the Political Economic Elemental Researchers and Strategists think tank, told This Week in Asia that, from the perspective of Manila and its allies, the China Coast Guard rule was a violation of the Philippines’ sovereign rights under international law and also contradicts the 2016 arbitral award.

Filipino fishermen and activists hold slogans to protest against alleged Chinese aggression at the disputed South China Sea as a rally in front of the Chinese consulate ahead of Independence Day in Makati, Philippines on June 11. Photo: AP

“Allies and other nations may exert diplomatic pressure on China to adhere to international norms and respect maritime boundaries as the situation will surely impact regional stability and security,” he said.

Alba said such a rule would have huge implications for regional security and international relations as it underscored the need for diplomatic efforts and adherence to the established legal frameworks to address territorial disputes in the West Philippine Sea.

“The fear of arrest may deter fishermen from venturing into the West Philippine Sea and the uncertainty of their safety on their traditional fishing grounds will affect not only their income and sustenance but also the marine supply in the market will surely be affected.

“The foreign vessels and maritime activities can be disrupted as normal maritime activities within the area as fishing boats, ships, and other vessels may need to alter routes or avoid some areas in the West Philippine Sea to prevent the risk of detention by the Chinese Coast Guard.”

According to Alba, a measured and strategic approach was necessary to prevent further conflict while safeguarding the country’s interests.

“To ensure the safety of Filipino fishermen, the government must strengthen the Philippine Coast Guard, coordinate with other claimant nations and other allied nations to enhance regional security and present a unified stance on maritime security on the said disputed territorial waters.”

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