2 laws - UNLCOS 200 NMEEZ and "Archipelagic States" to End Spratlys Disputes

The following Countries competing to owned the vast oil and gas resource Spratlys: The Philippines, Brunei, Vietnam, China, Taiwan (China), Indonesia, Malaysia.

Written by: Dan We ( Twitter: @Dan_We_)

NO ONE IS ABOVE THE LAW...

The most powerful country – the USA is under the LAW and they governed their states and country UNDER THE LAW

CHINA is NOT ABOVE THE LAW... China govern their people under their communist law

The fueling disputes in the West Philippines Sea (WPS) or also called as South China Sea (SCS) might be the flash point which leads to the never ever wanted 3rd World War. (WWIII)

No one ever wants to have their people die from war and conflicts. The good leader must learn how to respect and be respected. A good leader must know how to lower his pride to avoid tensions. A good leader must learn that there is a doom beyond their unlimited pride and ambition to rule the world by their arms.

China has been so confident to replace the US power but their move is not in the right direction. China could bully small neighbors economically but not by arms because small ants are willing to bite and eat the dragon’s flesh if their colony is destroyed and overtaken. Small ants could be worthless but could weaken the dragons power while another giants will come to the rescue and to end the dragons ambition.

China must first plant a good seeds of trust; seeds of unity, seeds of love and seeds of power and wait that those planted seeds would grow and bear fruits for what they have planted for them to overtake other power. It’s early for china to say they are powerful if the whole countries around them are against their power. Unlike US, China never planted any seeds and wants to reap the fruit of the other peasant.

The bottom-line is china would live alone if they will make the unwanted stupid mistake. Any wrong move of china could ends its power both arm and economy. Any wrong move of china will trigger the world to fight against them lead by the US Power, United Nations and the ASEAN nations.

China must have to think that among top 10 Super powers of the World; they got only 1 friend to fight with the other 8.  2 super powers versus 8 super powers is the doom’s day of China and his 1 ally. Who will take over china’s power if they are in the doom’s day? Korea? Vietnam? Russia? India? Mongolia? USA? or Japan?

China! Look before you leap and think before you talk. You must learn how to grow in a peaceful way. You must learn how to get along with other country’s culture than just yours. And you must follow the 2 laws that would end the disputes of the seas.

2- Laws of the United Nations to end the Spratlys disputes.

The first provision of law applicable to the disputed Spratlys is the law formulated by the United Nations in Jamaica last December 10, 1982. The provision for the Archipelagic States.

(1.)           THE ARCHIPELAGIC STATES

The Philippines and four other states (Indonesia, Papua New Guinea, Fiji and Bahamas) got the approval in the UN Convention on the Law of the Sea (UNCLOS) held in Jamaica last December 10, 1982. They were qualified as archipelagic states.

In various conferences of the United Nations on the Law of the Sea (UNCLOS), the Philippines which is composed of 7,107 islands PLUS... is RECOGNIZED AS ARCHIPELAGIC STATES given freedom forming its archipelago that  composed of groups of islands forming a state as a single unit, with the islands and the waters within the baselines as internal waters. By this concept (archipelagic doctrine), an archipelago shall be regarded as a single unit, so that the waters around, between, and connecting the islands of the archipelago, irrespective of their “breadth and dimensions”, form part of the internal waters of the state, subject to its exclusive sovereignty

The approval of the United Nations for the 5 countries as Archipelagic States must be respected by the world for the 5 countries:

1.      The Philippines

2.      Indonesia

3.      Papua New Guinea

4.      Fiji

5.      Bahamas

The  above mentioned countries could enjoy undisputable sovereignty of the waters and islands around them from the said laws. Waters around their country between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states and is belong to its sovereignty. This provision of the UNCLOS is very clear that this law could end the disputes of the Spratlys. The United Nations could not formulate again another provision that would opposed the above “Archipelagic State”.

For the Philippines – The Spratlys is considered as the waters around the Philippines between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states which simply means Spratlys is part of the Philippines sovereignty and the Philippines don’t have any disputable issues between china and other countries who are not classified as “Archipelagic States”.

(2.)          The United Nations Conventions of the law of Sea (UNCLOS) 200 Nautical Miles Exclusive Economic Zone

The 200 Nautical Miles Exclusive Economic Zone is another provision of the law by the UNCLOS that could resolve the Spratlys disputes.

Regardless of what kind of law of china have for its country is not acceptable in the international law would deem that their law is invalid and must be superseded by the United Nations Law that for the particular disputes that would affect many countries around them.

For the following Countries competing to owned the vast oil and gas resource Spratlys:

1.      The Philippines

2.      Brunei

3.      Vietnam

4.      China

5.      Taiwan (China)

6.      Indonesia

7.      Malaysia

The 7 countries mentioned above competing claims have their common grounds which is the UNCLOS 200 Nautical Miles Exclusive Economic Zone. Each country might have to study first if their claim is valid or not.

For the Philippines; 2 provision of laws that would protect them to own the Spratlys exclusively with undisputable sovereignty by the application of the “Archipelagic States” that say the waters around the Philippines between and connecting the islands of the archipelago, irrespective of their breadth and dimension form part of the internal waters of the states which simply means Spratlys is part of the Philippines sovereignty and the Philippines don’t have any disputable issues between china and other countries who are not classified as “Archipelagic States”.

Secondly the Philippines still subject to enjoy the second provision of laws of the United Nations Conventions Laws of the Sea (UNCLOS) 200 Nautical Miles Exclusive Economic Zone. Since most part of the Spratlys is within 200 Nautical Miles Economic Zone of the Country then Majority stakes for the Spratlys sovereignty is lawful to be granted to the Philippines. “Proximity” the Spratlys is just within Philippines backyard.

The application of the 2 provisions of laws of the United Nations Convention of the Laws of Sea (UNCLOS) the  “Archipelagic States” and the “200 Nautical Miles Exclusive Economic Zone” means the “Whole Spratlys” is under the Philippines Sovereignty and the Philippines supposed to be must enjoy their undisputed territory in both their main land and the Spratlys.

The Paracels is another disputed islands between Vietnam and China which both of them could benefit the 200 Nautical Miles Exclusive Economic Zone must send the disputes to the United Nations and they will signed an agreement to solve the disputes peacefully. The United Nations also must mediate and implement the law to end the disputes.

WHAT MUST CHINA DO? (AN SO ORDER!)

1.       China must respect Vietnam’s territory and 200 Nautical Miles Exclusive Economic Zone from Vietnam Shore (The Paracel Conflict between China and Vietnam) and vice versa, Vietnam must respect also the China’s 200 Nautical Miles Exclusive Economic Zone.

2.       China must stop disputing with the Philippines as the Philippines is recognized by the United Nations as Archipelagic States which means water and islands  connecting the Philippines regardless of its breadth is belong to the Philippines sovereignty.

3.       China must settle the disputes with Vietnam in the United Nations and respect the UNCLOS 200 Nautical Miles Exclusive Economic Zone.

Japan & Philippines Tighten Defense Ties for Spratlys

Bolstering defense Japan - Philippines

Japan and the Philippines agreed on during the visit of the Philippines' president to Japan September 27, 2011 to strengthen maritime security ties, while also underscoring the importance of preserving peace and stability in the West Philippines Sea (South China Sea) amid rising tensions with China.

China has pronounced many times that they owned everything the in West Philippines Sea that worries other tiger economies in Asia such as Japan & South Korea which major of their trades are passing the world's most busiest sea in the West Philippines Sea and South China Sea – Spratlys archipelago.

Prime Minister Yoshihiko Noda and the Philippines President Benigno Aquino III met, on a four-day visit to Japan. Japanese Prime Minister told reporters that the two sides committed to bolstering "cooperation between coastguards and defense-related authorities."

A joint statement said bilateral ties have evolved from friendly relations to a "strategic partnership," and called for more collaboration on "regional and global issues of mutual concern and interest." The two countries also agreed to conduct frequent discussions on defense at more senior levels and increase the number of Japan Coast Guard missions to help train their Philippines counterparts.

Although the agreement does not directly mention China, it is a major symbolic step toward a multilateral consensus in Asia on dealing with increasing territorial friction with China.

China maintain its claim to the whole West Philippines Sea & South China Sea  with its 9 dotted map inspite of criticism of the ASEAN neighbor with 200 Nautical Miles Exclusive Economic Zone claim in the sea.

The Philippines and China both lay claim to the Spratly Islands; an archipelago in the West Philippines Sea and South China Sea that geologists think may lie atop significant oil and gas deposits and rumored to be the 4^th largest oil and gas deposit in the world. Philippines' officials have accused Chinese vessels of hindering oil and gas exploration in a portion of the waters known as Recto Bank (Reed Bank) which is just few kilometers off Palawan Province – Philippines says this is not part of the disputed areas. Vietnam, which also claims part of the Spratly chain, has likewise complained of China's increasingly assertive claims in the region.

China's Fishing Vessel tactics

China has been noticed by the neighbors that they are using fishing vessel tactics which equipped with high powered weapon to enter other waters. Japan learned from China's tactic after China invaded the Mischief Reef few kilometers off Palawan province of the Philippines using the fishermen vessel to erect a fishermen shelter then later converted it into a Military Garrison even inside the Philippines territory.

In 2011 alone, Japan intercepted Chinese Fishing vessel entering their waters. Moreover, Indonesia's coastguard also arrested Chinese entering their seas using a fishing vessel.

The recent issue that escalate tension between Vietnam and China happened also this year when Chinese fishing vessel cut the cable of the Petro Vietnam, a Vietnam Government Owned Oil exploration which china alibi as it is just a Chinese Fishing vessel and mistakenly drag the cable but later admitted that Vietnam is illegally operating in the area as they said its owned and they do not violated any law and they are not invading.

The Philippines didn't escape from China's harassment. China harassed Filipino Fishermen in the Philippines Waters saying to leave the area because it belongs to china, then another incident happened when China fired the Filipino Fishermen in the Palawan Sea and put markers in the Island and waters in Palawan shore.

Japan too, has seen its relations with China strained by a territorial dispute, this one over islands in the East China Sea. A war of words broke out between Beijing and Tokyo last autumn following the arrest of a Chinese fishing crew by the Japanese coast guard, and the year since has brought a series of incursions by Chinese ships into the disputed waters. Mr. Noda earlier this month voiced concern over China's military build-up and increased maritime activity near Japan.

The agreement between Japan and the Philippines stresses the two countries' shared interests, bringing the similar but separate maritime squabbles with China under a larger cooperative umbrella.

"The peaceful settlement of disputes serves the interests of the two countries and the whole region," said the joint statement, signed by both leaders. Japan and the Philippines "share the recognition that these same interests should also be advanced and protected in the West Philippines Sea and South China Sea."

Responding to the Japan-Philippines meeting, China's foreign ministry on Tuesday (September 27, 2011) reiterated its claim to the disputed waters in the South China Sea.

"China has indisputable sovereignty over the island and surrounding waters of the South China Sea," said ministry spokesman Hong Lei in Beijing.

Regardless of many criticisms, China never leaves the phrases; "we owned everything" & "China has indisputable sovereignty over the island and surrounding waters". Philippines Challenged China to bring the disputes to the United Nations to end it but China refused and said we are only open to bilateral settlement not to the United Nations. 

The next ASEAN tiger cited by Asia Inc & Business leader could be the Philippines

The Philippines has a most unique economy in the world which is highly dependent on domestic consumption that drives their economy that could be hardly hit for any possible global economic recession. Inspite of rich resources, Philippines did not rely on exports to drive a better and fast forward economy.

The Philippines now tagged with fresh opportunities in Asia, boosting and high grades gold mining, boosting of oil and gas exploration,  good political leader,  revived confidence from global investors and now named as to be Asia’s next tiger economy, potentially regaining the glory lost decades ago, according to a visiting regional business leader from Brunei.

Dato Timothy Ong, a leading Brunei businessman who founded and now chairs regional dialogue platform Asia Inc. Forum, said in a press briefing on last September 26, 2011 that he has seen signs that the Philippines could return to its goal of being the next Asian tiger despite staying at the bottom half of the 10-member Association of Southeast Asian Nations (ASEAN) in terms of economic performance for years.

Ong is also the convener of ASEAN 100 Leadership Forum, which will be hosted by the city of Makati on Sept. 28-29, 2011 at the Makati Shangri-La. This year’s ASEAN meet aims to foster insightful and intelligent discussions on the future of ASEAN and how the region can emerge as one of the world’s significant economic blocs.

According to Dato Timothy  Ong, the Philippines can join the ranks of Taiwan, Singapore, South Korea and Hong Kong, the so-called Asian “tiger” economies or newly industrializing countries. He cited five reasons why the country, though a “dark horse,” or a sick man in Asia had the makings of the next move to be the next “tiger.”

The Chair of the regional dialogue platform Asia Inc. Forum cited 5 following reasons why the Philippines could be the next ASEAN Tiger as:

1.      The new leadership under President Aquino has promised to weed out corruption in the country, which has been creating a lot of optimism. It’s widely perceived that the high level of corruption in the country has driven up the cost of doing business.

2.      Mr. Ong said that the Philippines’ would be vast pool of hardworking professionals and skilled manpower, many of whom have been deployed across the globe. “With this wealth of human resources, it’s important to ask then why the Philippines aren’t more successful economically,” he said. Many countries had been dependent on Filipino Professionals and skilled workers to drive their economy like for example banning the Filipino to work in Taiwan will paralyze the Taiwan’s economy. Banning the Filipino to work in the Middle-east might paralyze their economy. Deporting Filipinos in (North Borneo) Sabah might paralyze the Sabah’s economy which the world knew how important the human resources are.  The continues development in the other north Asian countries had been dependent on Filipino skilled workers like for example the Billion Dollar projects of Korea’s builder Hyundai Engineering in Kazakhstan and Turkmenistan which been dependent on Overseas Filipino Workers as highly skilled which the builder could not outsource such kinds from the local man power pool in the 2 ‘stan countries. Many Leading fortune 200 companies in the world are talents hungry but the Philippines have vast and awashing man power pool. Many countries take advantage of Filipinos for not just for cheap labor but also trustworthy multi-tasker and English speaker that could compete globally.

3.      The third factor would be the Philippines’ “centers of excellence,” Ong said, noting that the country has become a competitive hub for business process outsourcing. He likened the Makati central business district to a “First World” city in a Third World country.  “If the Philippines is capable of being first world in these centers of excellence, why can’t it be First World in every respect?” he said.

4.      Ong said the fourth reason would be the Philippines’ homegrown companies that were at par with the world’s best.  He cited fast-food giant Jollibee Foods Corp., international port operator International Container Terminal Services Inc. and the Ayala group of companies. “There is a sense of optimism that characterizes the country as a whole.  As the new government takes its steps in leading the country towards change, it may be able to experience higher standards of governance,” he said.

5.      Finally, Ong noted the Philippines’ “sharply improving competitiveness” as another factor supporting its aspiration to be the next tiger economy. He cited recent reports that the Philippines had jumped 10 notches to 75 from 85 in the latest ranking of the World Economic Forum. Ong said this happened only within the first 15 months of the term of the new president.

Meanwhile, Ong said ASEAN would likely partly meet its target to establish an integrated economic community by 2015.

“A One ASEAN is important for our collective future to accelerate the economic growth, social progress and economic stability in the region; to promote active collaboration and mutual assistance in economic, social, cultural, technical and administrative spheres,” Ong said.

“At the moment, Southeast Asia is like a big gated community where neighbors barely know each other. They know each other by name, they exchange pleasantries but they wouldn’t really go out of their way to have dinner at each other’s house,” he said.

Once integrated, he said, ASEAN could be a very influential bloc as it could become Asia’s third-largest economy next to China and Japan and the ninth-largest in the world.

The Philippines hinting to be a the second ASEAN tiger is so closed to achieve.

The Philippines' 2011 2nd protest Against china for Invading Philippines waters

The United Nations Convention on the Law of the Sea (UNCLOS) shows the light Blue Dotted line as 200 Nautical Mile Economic Zone for the Philippines, Vietnam, Brunei, Malaysia and Indonesia. The Blue dotted line includes most part of the Kalayaan Island Group (Spratly) of the Philippines. UNCLOS did not show any China’s territory in the West Philippines Sea. The Philippines recorded already 6 invasion by china to the West Philippine Sea As of June 3, 2011.

Philippine Online Protest against china’s 6 Invasion to the Philippine waters leaded by Young Filipinos is launched today at http://spratly.highkot.com/ It is ahead from the formal protest to the UNCLOS which is on the process by the Philippine Government.

Malacañang Palace Manila said that preparations are underway for the Philippines’ protest before the United Nations Convention on the Laws of the Sea (UNCLOS) on the Spratlys issue, stressing that it wants to resolve the matter in a diplomatic and peaceful way.

Deputy presidential spokesperson Abigail Valte said the government is preparing what it can present to the UNCLOS.

“We will prepare accordingly and we hope for the best and again, we prepare for the worst,” she said. “We reiterate our commitment to resolve the dispute peacefully.”

Valte said that President Aquino has always pushed for a “diplomatic resolution of any conflict that will arise in connection with the West Philippine Sea.”

“We wish to stress that the way we are approaching these incidents is that we are fully committed to resolving it in a very diplomatic manner and a peaceful manner as well,” she said.

Malacanang has said that the new construction by China in the West Philippine Sea (South China Sea) is a “cause for concern”

The DFA had requested clarification from the Chinese Embassy on the recent sightings of a China Marine Surveillance (CMS) vessel and other People’s Liberation Army Navy (PLAN) ships at the vicinity of Iroquois Reef-Amy Douglas Bank in the West Philippine Sea. These ships reportedly unloaded building materials, erected an undetermined number of posts, and placed a buoy near the breaker of the Amy Douglas Bank.

The Amy Douglas Bank is located southwest of Recto (Reed) Bank and east of Patag (Flat) Island and is well within the Philippines’ 200 nautical miles Exclusive Economic Zone (EEZ). There are currently no structures on the said bank and the latter is unoccupied, according to a DFA statement.

The posts and buoy placed by the Chinese at the vicinity of the Amy Douglas Bank, however, are about 26 nautical mile east of Patag Island and 125 nautical mile from mainland Palawan.

Foreign Affairs Secretary Albert del Rosario had said that “any new construction by China in the vicinity of the uninhabited Amy Douglas Bank is a clear violation of the 2002 ASEAN-China Declaration on the Conduct of Parties (DOC) in the South China Sea.”

It will be recalled that during the dialogue between President Aquino and Chinese Defense Minister Liang in May, an agreement was forged between China and the Philippines to continue engaging in dialogue towards an amicable settlement on the disputed Spratly islands.

Both parties also agreed that the best way to solve the issue is to continue to engage into dialogue, not just between China and the Philippines, but also other countries that are claimants to the Spratlys.

 

The Philippines will file a new protest at the United Nations for China's 6 series of Invasion in the Philippine Waters

The United Nations Convention on the Law of the Sea (UNCLOS) shows the light Blue Dotted line as 200 Nautical Mile Economic Zone for the Philippines, Vietnam, Brunei, Malaysia, China and Indonesia. The Blue dotted line includes most part of the Kalayaan Island Group (Spratly) of the Philippines. UNCLOS did not show any territorial rights for China in the West Philippine Sea of the South China Sea which is Within the Philippine water and closer to the Kalayaan Island Group of the Philippines. The Philippines recorded already 6 invasion by china to the West Philippine Sea.

The Philippines will file a new protest at the United Nations accusing China of territorial incursion, the president said Thursday in an escalation of spats over disputed West Philippine Sea of the South China Sea islands.

China's Embassy in Manila earlier denied the Philippine government's allegations its ships intruded into the Spratly Islands close to the Philippine coast to build new structures and fortify its claim in the potentially oil-rich region.

President Benigno Aquino, speaking to Filipino reporters during a visit to Brunei, said that the Philippines is planning to file a new protest at the U.N. for a series of incursions.

"There are six or seven (incursions) happening after February 25, 2011. We are completing all the necessary data and then we will present it to them (China) and then file it with the appropriate body, which is the U.N.," he said.

Aquino said he is still hoping to visit Beijing later this year, and will engage China, a key trade partner, in talks during upcoming regional summits.

The disputed Spratlys, which are believed to be atop vast oil and gas reserves, have long been feared as a potential flash point of armed conflicts in Asia. The chain of largely uninhabited islands, reefs and banks which are within 200 Nautical Mile Economic Zone of the Philippines and part of the Philippine Waters are claimed by China, Brunei, Malaysia, Taiwan and Vietnam, straddle some of the world's busiest commercial sea lanes.

The Philippine military has reported that a Chinese surveillance vessel and navy ships were seen unloading building materials and erecting posts in the vicinity of Iroquois Reef and Amy Douglas Bank an uninhabited undersea hill of the West Philippines Sea at  about 125 miles (230 kilometers) from south-western Palawan province. UNCLOS specified that the 200 Nautical Mile Economic Zone is part of the Philippine territory.

It is part of the Spratlys but well within the Philippines' 200-mile exclusive economic zone, the Philippine Foreign Affairs Department said.

The Chinese Embassy in Manila said in a brief statement that "the reported 'incursion of Chinese ships' is not true." But, it acknowledged the presence there of a Chinese marine research ship "conducting normal maritime research activities in the South China Sea."

Foreign Secretary Alberto del Rosario said any new construction by China in the area "is a clear violation" of a 2002 accord that China signed with the Association of Southeast Asian Nations, which includes the Philippines. It calls for countries to exercise restraint and stop occupying new areas in the disputed waters.

Two Philippine foreign affairs officials told reporters Thursday that local authorities have monitored about six aggressive acts of China in the Spratlys that have raised worries that Beijing may be embarking to fortify its territorial claims by constructing new structures on barren offshore areas.

Those acts included the reported firing last February by a suspected Chinese naval vessel to scare away Filipino fishermen from the Jackson Atoll in a Spratlys area part of the Philippine water, said the officials, who spoke anonymously because of the sensitivity of the subject.

In March, the Philippines accused two Chinese patrol boats of harassing a Philippine oil exploration ship near Palawan. Last month, the Philippine air force reported that two unidentified foreign fighter jets had flown near a Spratly island occupied by Filipino troops but China denied sending the aircraft.

Chinese media have reported that Beijing plans to install an advanced oil rig in the West Philippine Sea of the South China Sea in July. The Philippines expressed concern and asked China's embassy last week about the exact location of the planned oil rig and said that it should not be placed in Philippine waters.

In April, China countered a previous Philippine diplomatic protest at the United Nations by saying it has indisputable sovereignty over the Spratly islands that Manila "started to invade" in the 1970s.

China's claim to the islands and nearby geographic features was detailed in a map submitted to the U.N. in 2009.

Vietnam and Malaysia have also filed protests to the United Nations against China's map. The protests are registered with the U.N. Commission on the Limits of the Continental Shelf, which will not rule on a claim if it involves disputed territory unless there is prior consent given by all states involved in the dispute.

 

China fired at Filipino fishermen in Jackson atoll - Province of Palawan Philippines

“Bandit influenced Muslim and Subano Groups in Mindanao Angry of China”

A soft warning to china: “There is no giant that can sore your eyes; only David could kill Goliath and the Dragon” this is the word of hope by the young Filipinos reacting after hearing the news. “Who the hell is china to harassed our fellow Filipino in our territory? Filipinos are worth dying for. We are not scared to die to protect our land. Do not dare us!” they added. Young Filipino Muslims and Subano Tribe in Mindanao reacted this news as very alarming. They said “If Bin Ladin is killed by the US Forces, we don’t need him, he just divided the Philippines. Our Land needs our care, We will group again to fight china. Muslim in Mindanao are the bravest people in the world which never defeated by the Spanish for 300 years in the Philippines and never defeated by Americans. If the Philippines is divided by belief, we will unite again. We Muslims and Subano are lumad of the land are not scared of chinese” the group added.

===

Chinese Warship harassed Filipino Fishermen in Palawan Sea

Chinese harassed Filipino Fisherman in the West Philippine Sea February 25, 2011. The brazen Chinese Warship-men wants the Filipino Fishermen flee from the Philippine Waters in the West Philippine Sea of the Exclusive Philippine Economic Zone claiming the West Philippine Sea as the china’s territory.

“This is Chinese Warship 560. You are in the China territory. Leave the area immediately.”

Upon hearing this warning through a marine band radio, three Philippine boats fishing in Quirino, or Jackson atoll, a Philippine-owned islet off Palawan in the disputed Spratly Islands, scampered away.

But the Chinese warship still fired three shots at the vessels F/V Jaime DLS, F/V Mama Lydia DLS and F/V Maricris 12. The Philippine Navy later identified the Chinese warship as Dongguan, a Jianghu-V Class missile frigate.

The incident in the South China Sea happened on Feb. 25, 2011 - before March when the Philippine-commissioned seismic vessel was reportedly harassed in Reed Bank in western Palawan and before the Chinese vessels laid steel posts and a buoy in May in the Amy Douglas (Iroquois) Bank southwest of Reed Bank which Manila said is within its 200-mile exclusive economic zone.

Yet while the Philippine government protested the March and May incidents, one by note verbale another verbally, it did no such thing about the February incident.

Jackson atoll is a ring-shaped coral reef that has closely spaced islands on it encircling a lagoon. It is a rich fishing ground within Palawan’s 200-nautical-mile exclusive economic zone and belongs to the Kalayaan Island Group (KIG) which under Philippine law is part of the country’s regime of islands.

A military report seen by VERA Files said that on Feb. 25, 2011 while anchored at Jackson atoll, the three Philippine fishing boats were approached by the Chinese warship, which introduced itself through a marine band radio and demanded that the Filipino fishermen leave at once.

F/V Maricris 12, however, experienced trouble removing its anchor, and its captain, Russel De la Cruz, pleaded with the Chinese warship, also through a marine band radio to “please wait for a while.”

“However, the Chinese warship repeatedly answered, ‘I will shoot you.’ Then, De la Cruz heard three consecutive gunshots and saw the projectiles hit the surface of the water 0.3 nautical miles away from the position of F/V Maricris,” the military report said.

F/V Maricris 12 had to cut its anchor lines in order to flee from what it sensed was imminent danger.

The gunshots were also heard by F/V Jaime DLS, which reported the incident by radio to the Philippine Navy detachment on Lawak Island which, in turn, relayed it to the Naval Station on Pag-Asa island until it reached the Naval Forces West headquarters in Palawan.

The three beleaguered fishing vessels proceeded to the Philippine-occupied Lawak where they sought refuge for two days. The Chinese warship was later sighted southeast of Lawak toward Patag Island, also held by the Philippines.

According to the military report, when F/V Maricris 12 returned to Jackson atoll on Feb. 28 to retrieve its anchor, it sighted three Chinese fishing vessels colored blue, red and green, exploiting the marine resources in the area.

The oil-rich Spratlys chain in the West Philippine Sea of the South China Sea which is being claimed in part by the Philippines, Malaysia and Brunei and wholly by China, Taiwan and Vietnam. Of the more or less 160 islands, Vietnam occuppies 25 islands; China, 12; the Philippines, nine; Malaysia, five, and Taiwan, one. Brunei does not occupy a single geographical feature but has established a fishing zone that overlaps a southern reef.

Defense Secretary Voltaire Gazmin expressed alarm at the increasing Chinese incursions in the hotly contested Spratly Islands.

“Dumami yung intrusions. Ibig sabihin e, yung mga areas nasa lugar natin na wala tayong mga gwardya ay doon ang nilalagyan nila. In other words, gusto nila magtanim ng mga bandera nila sa ganun masabi nila sa kanila yung area (The incursions are rising. This means they are positioning themselves in areas that are ours but are unguarded. In other words, they want to plant flags to claim these places),” Gazmin said in a briefing Wednesday.

Besides the recent incidents at Jackson atoll, Reed Bank and Amy Douglas Bank, a Chinese marine vessel with a flat bed was sighted in Abad Santos or Bombay shoal on May 6, and the Chinese Marine Surveillance ship 75 and Salvage/research Ship 707 were spotted steaming toward Southern Bank on May 21, 2011.

Armed Forces Chief Eduardo Oban said the military will maintain the level of force in the disputed islands, but will also increase the operational tempo of its routine patrols and reconnaissance flights within the country’s territorial boundaries.

On Tuesday, the Department of Foreign Affairs summoned the charge d’affaires of the Chinese Embassy in Manila to seek clarification on the recent sightings of a China Marine Surveillance (CMS) vessel and other People’s Liberation Army Navy (PLAN) ships at the vicinity of the Amy Douglas Bank.

The Philippine Navy, through the fishermen, had recovered steel posts with Chinese markings that were put up in the area, according to Oban.

Foreign Affairs Secretary Albert F. del Rosario said, “Any new construction by China in the vicinity of the uninhabited Amy Douglas Bank is a clear violation of the 2002 ASEAN-China Declaration on the Conduct of Parties (DOC) in the South China Sea.”

The Chinese vessels were first sighted by fishermen on May 24, 2011 and reported to the Philippine Navy the following day.

After receiving the report on May 26, the Navy headquarters in Manila ordered a ship deployed to the area to verify the sighting. Bad weather, however, hampered the immediate deployment of the ship to Amy Douglas.

By May 29, 2011 the Chinese vessels were no longer in the area, the posts had been dismantled and turned over to the Navy, and the buoy was no longer there.

The AFP intelligence department briefed Gazmin and Oban on the developments in the KIG on Monday and later Foreign Secretary Albert del Rosario.

On Tuesday, the Chinese embassy official was summoned to the Department of Foreign Affairs. The Cabinet’s National Security Cluster met at the Villamor Airbase regarding the incident shortly before the President left for a state visit in Brunei, and a statement was subsequently issued by the DFA.

The DFA, however, did not hand the Chinese embassy a note verbale when it summoned the charge d’affaires on Tuesday.

This was unlike the diplomatic protest it issued in March when Chinese boats ordered a Philippine seismic vessel in Reed Bank to leave, and even maneuvered close to the Philippine vessel at least twice, apparently to show they would ram it.

The diplomatic protest seen by VERA Files raised four points to prove that Reed Bank is not part of the disputed area by projecting 85 nautical miles from the basepoint in the northern part of Palawan and not from the KIG. China questioned this during meetings with the Philippines, but did not reply in a diplomatic note.

The military acknowledged its lack of capability to confront foreign enemies, but said it is ready to defend the country. But it said it prefers diplomatic means as the first option in dealing with the South China Sea dispute.

“The option open to us is first the diplomatic protest. We are in no position to confront the forces that are intruding in our territory simply because we don't have the capability,” Gazmin said.

He said the Chinese intrude into the disputed areas by initially setting up posts and then laying buoys to claim an area. The posts eventually become a lighthouse.

“Once this becomes a lighthouse these are boundaries of territories. So once that is established they can always claim that is theirs,” the defense secretary said. “That is why it is our responsibility to make sure that this doesn't happen now and in the future.”

He said the military is upgrading the capability of its maritime assets in the area to better guard the islands. “Hand-in-hand with this is the organization of our fishermen who provide us the necessary information and documentation needed to file a formal diplomatic protest,” Gazmin said.

 

The Philippines recorded 6 times Alarming invasion of China in the West Philippine Sea

The United Nations Convention on the Law of the Sea (UNCLOS) shows the light Blue Dotted line as 200 Nautical Mile Economic Zone for the Philippines, Vietnam, Brunei, Malaysia, China and Indonesia. The Blue dotted line includes most part of the Kalayaan Island Group (Spratly) of the Philippines. UNCLOS did not show any territorial rights for China in the West Philippine Sea in the South China Sea which is closer to the Kalayaan Island Group of the Philippines. The Philippines recorded already 6 invasion by china to the West Philippine Sea.

Philippines - Defense Secretary Voltaire Gazmin said on Wednesday that he will raise the issue of intrusions by China at the West Philippines Sea islands in the disputed Spratlys before the 2011 Asian Security Forum.

The forum, which is also called the Shangrila Dialogue, will be held in Singapore this weekend and will be attended by defense chiefs in Asia.

Gazmin said the military has monitored fresh intrusions by China in the disputed Spratlys.

In a press briefing organized by the Philippine Information Agency, Gazmin said the first intrusion occurred last May 21 when Chinese Defense minister Liang Guanglie and his party arrived Manila for a goodwill visit.

The second intrusion occurred last May 24, or a day after Gazmin and Liang met in Camp Aguinaldo, where the two defense chiefs vowed to ensure affect stability in Spratlys, which are also known as the Kalayaan Island Group.

The Department of Foreign Affairs has filed a diplomatic protest against China, the second since last March when the DFA also protested the harassment by 2 Chinese vessels of Department of Energy oil exploration ship at Reed Bank.

Gazmin said a buoy and posts were set up by a Chinese transport ship and 2 missile boats at the Amy Douglas Bank, which is near the Philippine-occupied Likas and Patag islands. The bank is about 100 miles off Palawan.

"We were not able to get a closer look on what the ship was carrying but we were certain that it was a flatbed ship," he said.

The defense chief said that the Chinese put up the buoy and the posts as part of their strategy to claim the island. "This means that they are putting up (structures) in our areas where we have no guards. In other words, they want to hoist their flag so that they can say the area is theirs," he added.

"The report that came in to us states that the fishermen were responsible in removing all these materials and these were turned over to the military… What we found there are steel posts and buoy," the defense chief revealed.

Gazmin said President Benigno Aquino III has been already informed of the Chinese intrusions. "The President has given instructions to do some actions on this," he said.

"The options open to us is first, the diplomatic protest. We are in no position to confront the force that are intruding into our territory simply because we do not have the capability, that is why we are in the process of actively pursuing our modernization program and the capability upgrade of our maritime assets," he added.

Gazmin said they have recorded at least 6 intrusions by China, which he considers as "alarming."

When asked what happens if the intrusions continue, Gazmin said:  "We will continue to file diplomatic protests."

"The most we can do is file diplomatic protest, that is the most civilized thing to do at the moment," said Gazmin, adding he is somewhat "affected" by the latest Chinese intrusion, noting that these occurred during the visit of Liang in Manila.

"We talked to them properly and our agenda is that all problems can be resolved through dialogue. But while we were doing these (talks), something is happening in our area,: he said.

"Before making a judgment, we want to know if the (defense) leadership is aware of that incident or if the (Chinese defense) minister is not aware of this plan."

The Chinese defense minister is expected to attend the Asian Security Forum.

"I will be raising the issue if and when we will have the chance to go on a bilateral or meeting between ourselves. Given the chance, I will," said Gazmin.

Armed Forces chief Gen. Eduardo Oban said he ordered the AFP Western Command to step up patrols in the area.