Bicol Saro Party-list Rep. Brian Raymund Yamsuan (Photo courtesy of Office of Comelec chairperson George Garcia)
MANILA – A party-list lawmaker on Wednesday called for the swift approval of a measure seeking to establish archipelagic sea lanes to bar the unauthorized passage of foreign vessels within the Philippines' territorial waters and airspace.
Bicol Saro Party-list Rep. Brian Raymund Yamsuan made the call after the recent collision incident in the West Philippine Sea (WPS), which he said was a "threat to regional peace and stability" and a blatant violation of international law.
“While China continues to disregard our freedom of navigation within our own exclusive economic zone (EEZ), we should act quickly to ensure that such actions do not embolden them to encroach on our territorial waters and conduct any kind of activity without the permission of our government,” he said.
Citing the Office of the Solicitor General and the National Security Council, Yamsuan said establishing archipelagic sea lanes and implementing a Maritime Zones Act would both strengthen the Philippines’ position in terms of obligating other countries to comply with the provisions of international law.
He said the continued non-designation of the country’s archipelagic sea lanes “is tantamount to waiving this right" under the United Nations Convention on the Law of the Sea (UNCLOS).
The House has approved on final reading House Bill (HB) 7819 or the proposed Maritime Zones Act, which provides for a general declaration of the maritime zones under the jurisdiction of the Philippines. These include its internal waters, archipelagic waters, territorial sea, contiguous zone, EEZ, and continental shelf.
Aside from the proposed Maritime Zones Act, Yamsuan emphasized the need to designate the sea lanes and air routes in the WPS for the continuous and speedy travel of foreign ships and aircraft exercising their right of innocent passage, which is proposed under HB 9034.
The President is empowered under the bill to fix the coordinates of the designated sea lanes and substitute or add to them.
Under HB 9034, foreign ships and aircraft shall pass the designated sea lanes as quickly as possible for the sole purpose of “continuous, expeditious and unobstructed transit” and “shall refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of the Republic of the Philippines.”
The measure also includes other rights and obligations of foreign ships and aircraft exercising the right of archipelagic sea lane passage. These include banning transiting ships and planes from conducting any research activity unless permitted by the Philippine government, and from conducting any fishing operation or exploitation of Philippine marine resources.
The bill also penalizes foreign civilian ships and aircraft violating provisions of the measure. Violations are punishable by imprisonment ranging from six months and one day to two years and two months or a fine of USD1.2 million or both.
Yamsuan recalled an instance last year wherein the Department of Foreign Affairs (DFA) summoned the Chinese ambassador to explain why a reconnaissance ship of its People’s Liberation Army Navy (PLAN) entered Philippine waters without permission and stayed there for three days.
“Huwag na nating hintayin na makapasok silang muli na wala tayong puwedeng gawin kundi magprotesta lang (Let's not wait for them to enter our waters again where the only thing we could do is to protest). I urge fellow lawmakers to act quickly on the measure designating our archipelagic sea lanes when Congress resumes session next month,” Yamsuan said.
On Oct. 22, Chinese Coast Guard and maritime militia vessels tried to prevent anew the Philippine routine resupply to BRP Sierra Madre (LS-57) in Ayungin Shoal, deliberately bumping supply boat Unaiza May 2 and its escort, BRP Cabra (MRRV-4409).
The other supply boat, Unaiza May 1, completed the delivery to the troops aboard BRP Sierra Madre.
Clear violations of international conventions
The Lakas-Christian Muslim Democrats (Lakas-CMD) party, in a statement issued through Secretary General Jose "Joboy" Aquino II, condemned in "the strongest possible terms" China's latest display of aggression in the WPS
"Said actions seriously endangered the lives and safety of Filipinos on board said vessels. The illegal and dangerous maneuvers of the Chinese vessels clearly violated the international conventions on the prevention of collisions at seas," the party said.
LAKAS-CMD noted that the "reckless and aggressive behavior" of the Chinese vessels occurred in waters within the 200 nautical miles of the Philippines’ EEZ based on the UNCLOS.
"China's continuing intrusion and aggressive stance constitutes a stark affront to our nation's sovereign rights over our waters and pose a direct threat to Filipino lives. Actions that undermine regional and global peace and cooperation are incompatible with the principles of a free and harmonious international community," it said.
The party said it is committed to a rules-based international order, endorsing the July 2016 arbitral award, which "unequivocally recognizes" Philippine sovereign rights in the WPS.
"We therefore call on the Chinese government to desist from its aggressive posture and behavior and unfounded claims over waters in the West Philippine Sea that in accordance with international law belong to the Exclusive Economic Zone of the Philippines," the party said.
Lakas-CMD also expressed its "full and unqualified support" to President Ferdinand R. Marcos Jr. as the "chief architect of the nation's foreign policy and as commander-in-chief of the Armed Forces in his handling of this important national concern". (PNA)
