China’s claim to Scarborough Shoal has no legal basis, Philippines says

CHINA’s repeated claims of sovereignty over the Scarborough shoal in the South China Sea has no legal basis under international law, a senior Philippine security official said on Wednesday.

“Since the Philippines exercises sovereign rights over Bajo de Masinloc and its surrounding waters under international law, only the Philippines has the authority to exercise maritime law enforcement functions to the exclusion of other countries,” National Security Council spokesman Jonathan Malaya said in a statement, referring to the disputed shoal by the Philippine name.

China’s coast guard late on Tuesday said Beijing has indisputable sovereignty over the shoal, which is located within the Philippines’ exclusive economic zone.

China has indisputable sovereignty over the Scarborough Shoal and its adjacent waters, and has always resolutely countered infringements by the Philippines, a spokesperson for the China Coast Guard said in a statement released late Tuesday.

The spokesperson said four Philippine personnel illegally intruded in certain areas on Jan. 28, and the coast guard warned them to leave in accordance with the law. The interaction was “professional and standardized,” according to the statement.

Accusations and run-ins have occurred frequently between the two countries in the past year over disputed areas of the South China Sea.

China claims sovereignty over almost the entire South China Sea, which has angered neighboring countries that dispute some boundaries they say cut into their exclusive economic zones.

Meanwhile, President Ferdinand R. Marcos, Jr. on Tuesday night said he is still pushing a separate South China Sea code of conduct with Vietnam.

“We are pretty much there,” he told reporters when asked about the progress of the code. “The memorandum of understanding that we have done between our two coast guards, including the plan to conduct joint cruises, joint exercises this year, 2024, was about that.”

Mr. Marcos held a two-day visit to Hanoi that started on Monday, resulting in the signing of several bilateral deals, including a joint maritime cooperation between the Philippine Coast Guard and its Vietnamese counterpart.

The two nations also signed a memorandum of understanding to prevent untoward incidents in the South China Sea.

Mr. Marcos first announced the country’s efforts to forge a separate South China Sea code of conduct with Vietnam and Malaysia during his visit to the United States in November.

The Philippine leader cited the slow pace of progress of the code between China and members of the Association of Southeast Asian Nations.

China had warned against the initiative, saying any departure from the Declaration on Conduct of the Parties in the South China Sea would void.

The push for a separate code of conduct with Malaysia and Vietnam are very unlikely to succeed because of their contrasting diplomatic approaches and reluctance to undermine ties with Beijing, Aushaz Irfan, an intelligence analyst at United Kingdom-based Healix International told BusinessWorld this month.

Mr. Marcos has pursued closer ties with the US and allies like Japan and Australia. In February last year, he gave the US access to four more military bases on top of the five existing sites under their 2014 Enhanced Defense Cooperation Agreement (EDCA).

Three of the new EDCA sites are in parts of northern Luzon facing Taiwan, while one is on the island of Palawan facing the South China Sea.

Political group P1NAS said it was alarmed by the US government’s allocation of more than $30 million for the upgrade of Basa Air Base in Pampanga province north of Manila because it makes the Philippines “a pawn in the escalating tensions between the US and China.”

“This move further entrenches the country into the US-led war preparations in the region,” it said in a statement.

Under the US government’s budget for military construction for 2024, $35 million was allocated for the construction of a “transient aircraft parking apron” at Basa Air Base, P1NAS said.

The parking apron could accommodate as many as 20 aircraft for use by the US Air Force since Basa does not have enough space now, it said, citing reports.

Last year, the two countries completed a $25-million repair and upgrade of the Basa Air Base runway “to accommodate larger aircraft,” according to the US Naval Institute website.

“Public pronouncements both by the US and Philippine government have sought to highlight how these investments will be used to enhance humanitarian assistance and disaster relief operations,” P1NAS spokesman Antonio Tinio said. “In reality, the explicit objective is to enable the US to deploy its combat aircraft and related military assets as it prepares for war with China.” — Kyle Aristophere T. Atienza with Reuters