Friday, October 6, 2017

The operation of Chinese fishing vessels around Pag-asa is a violation of our laws and the Constitution. Accordingly, the DFA should strongly protest this incursion by Chinese fishing vessels.

It is not correct for China’s Ambassador to insist on "right of China to fish around pag-asa.”

The operation of Chinese fishing vessels around Pag-asa is a violation of our laws and the Constitution. Accordingly, the DFA should strongly protest this incursion by Chinese fishing vessels.

If we do not protest, I fear that China will make the presence of their fishing vessels permanent around Pag-Asa, then gradually increase the number of fishing vessels until China gobbles up Pag-Asa using their Maritime Militia consisting of fishing vessels, their front liner in territorial grabbing.

Under our laws, which all officials from the President to the most junior Philippine Navy and Coast Guard sailor are duty-bound to protect, China cannot fish in the vicinity of our Pag-Asa Island.

Pag-Asa is part of Kalayaan Island Group which is a Regime of Islands per Republic Act 9522 (Philippine Baselines Law) which provides:

"Section 2. The baseline in the following areas over which the Philippines likewise exercises sovereignty and jurisdiction shall be determined as "Regime of Islands" under the Republic of the Philippines consistent with Article 121 of the United Nations Convention on the Law of the Sea (UNCLOS):

"a) The Kalayaan Island Group as constituted under Presidential Decree No. 1596;”

Fishing resources are part of our marine wealth which the State must protect as mandated by the Philippine Constitution which provides (Article XII, Section 2): The State shall protect the nation’s marine wealth in its archipelagic waters, territorial sea, and exclusive economic zone, and reserve its use and enjoyment exclusively to Filipino citizens.

Thus it is not only a law that mandates we should not allow Chinese fishing boats to fish in the vicinity (within 12 nautical miles) of Pag-Asa. It is also a Constitutional mandate.

The DFA should therefore file a strong protest against the Chinese fishing vessels fishing near Pag-Asa island.

Envoy insists on right of China to fish around Pag-asa

Rappler
Chinese ambassador Zhao Jianhua invokes commitment to the Declaration of Conduct, an agreement China has repeatedly violated in the past 
Published 12:11 PM, October 05, 2017 
Updated 12:11 PM, October 05, 2017 
CAMP AGUINALDO VISIT. Chinese Ambassador to the Philippines Zhao Jianhua is in Camp Aguinaldo on October 5 to hand over Chinese assault rifles
CAMP AGUINALDO VISIT. Chinese Ambassador to the Philippines Zhao Jianhua is in Camp Aguinaldo on October 5 to hand over Chinese assault rifles 
MANILA, Philippines – Chinese ambassador to the Philippines Zhao Jianhua insisted on the rights of the Chinese to fish near Pag-asa (Thitu) amid protests against their presence around sandbars near the Philippine-occupied island in the West Philippine Sea (South China Sea).
"You may see some presence of Chinese ships or presence of Filipino ships but that's a part of what we say overlapping of disputed area," Zhao said on Thursday, October 5, when asked about the reported presence of Chinese ships near Pag-asa.
"It's quite natural to see some of the fishing boats to be there. They are carrying out their daily fishing. You don't have to be alarmed. Both Chinese and Filipino side have a clear understanding of what they are doing," Zhao added.
The ambassador said there was no cause for alarm because China was committed to a peaceful resolution of disputes. He said China would strictly abide by Article 5 in the Declaration on the Conduct of Parties in the South China Sea (DOC).
China, however, has violated the DOC when it reclaimed 7 reefs in the West Philippine Sea. 
There were concerns that China was eyeing to occupy the sandbars near Pag-asa Island that have long served as traditional fishing grounds for Filipino fishermen in the island. A bamboo pole was reportedly planted on one of the sandbars to fly the Chinese flag, but this was later denied by the Philippine government. (READ: 5 Chinese ships spotted near Pag-asa sandbars
Concerns about the presence of Chinese vessels were first raised by Magdalo Representative Gary Alejano in August. He again aired his concern on October 3 because the Chinese ships apparently didn't leave the area around Pag-Asa Island.
Zhao said Chinese moves to sell or donate defense assets to other claimants in the South China Sea "demonstrates that China has no intention at all to settle it by force."
"As far as military-to-military relations is concerned, we are enhancing our respective relations with all the claimant states including the Philippines, Vietnam, and Malaysia. We are even exporting submarines, missiles to some of the claimant states," he said.
He reiterated calls to look at the "bigger picture" when examining the relationship between the Philippines and China. 
"We do have disputes. But we have to put it in proper context. I said repeatedly earlier. It only constitutes 1% of our overall bilateral relationship. We need to look at the bigger picture and focus on friendship and cooperation," he said.
President Rodrigo Duterte ushered in warmer ties with China after a bitter conflict over maritime territory. – Rappler.com

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