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Wednesday, April 11, 2012

Philippines and China Standoff in Scarborough Panatag Shoal

The Philippines' biggest warship was locked in a standoff with two Chinese vessels in the124 Nautical Miles Panatag Shoal or  Scarborough Shoal of the West Philippines Sea (South China Sea), reigniting tensions in a decades-long dispute over the resource-rich waters.

The Philippine government said the Chinese ships were blocking efforts by its navy flagship vessel to arrest Chinese fishermen that were found on the weekend to have illegally entered its territory.

In a dramatic day of diplomacy, the Philippines summoned the Chinese ambassador in Manila and lodged a formal protest, but China insisted it had sovereign rights over the area and ordered the Philippine warship to leave.

Philippine President Benigno Aquino said he was looking to end the standoff through diplomatic means.

"No one will benefit if we have violence," he told reporters.

Philippine Foreign Affairs Secretary Albert del Rosario said both sides wanted a peaceful resolution, but also cautioned that negotiations were at an "impasse" and his country was ready to defend its territory.

"If the Philippines is challenged, we are prepared to secure our sovereignty," del Rosario said.

The standoff was occurring at Scarborough Shoal, just 124 nautical miles from the Philippines' main island of Luzon.

China insists it has sovereign rights to all of the South China Sea, even waters close to the coast of other countries and hundreds of kilometers from its own landmass.

The Philippines says it has sovereign rights over areas of the sea within its 200-nautical-mile exclusive economic zone, and that its position is supported by international law.

Apart from China and the Philippines, Taiwan, Malaysia, Brunei and Vietnam have overlapping claims to parts of the South China Sea, making the waters one of Asia's potential flashpoints for armed conflict.

The South China Sea holds enormous economic and political significance, as it is believed to sit atop vast oil and gas resources, has huge fish stocks and hosts shipping lanes that are vital for global trade.

The Philippines and Vietnam complained last year of increasingly aggressive acts by China in staking its claim to the West Philippines Sea (South China Sea).

The Philippines accused Chinese vessels of firing warning shots at Filipino fishermen, as well as harassing an oil exploration vessel and placing markers on islets within Philippine territory.

However this week's stand-off is the highest-profile in recent years.

It occurred after the Philippines detected eight Chinese fishing boats at Scarborough Shoal on Sunday.

Panatag Shoal or  Scarborough Shoal

The Philippines said the boats were subsequently found to have hauled in live sharks, corals and some endangered species including giant clams.

The two Chinese surveillance vessels appeared on the scene yesterday, and blocked the Philippine warship from approaching the fishing boats.

The Chinese embassy in Manila released a statement today ordering the warship out of the disputed waters.

In Beijing, foreign ministry spokesman Liu Weimin accused the Philippines of "harassing" the Chinese fishermen and said a protest had been lodged.

"We urge the Philippine side ... not to make new troubles and create conditions for the friendly relations of the two countries," Liu said.

But in Manila, del Rosario insisted the Philippines could do as it pleased at Scarborough Shoal.

"We are there because we have sovereignty over the area. We want to be there and we have the right to be there," he said.

The Philippine coast guard also said it would deploy a boat to support the warship.

On Wednesday evening, del Rosario briefed reporters again, saying no breakthrough had been achieved.

Philippine concerns about China's perceived aggressiveness prompted it to seek help last year from the United States in building up its poorly equipped military and weak maritime defense capabilities.

The US responded favorably, delivering the Gregorio del Pilar, a a 115m decommissioned US coast guard cutter, to replace a World War II-era vessel as the Philippine Navy's biggest ship.

The Gregorio del Pilar is the vessel involved in April 11, 2012 Wednesday's stand-off.

China insisted again on bilateral talks on Spratlys row - not UNCLOS

Philippines - China wants to directly discuss and negotiate the crafting of the Code of Conduct of Parties in the South China Sea (COC) with the Association of Southeast Asian Nations (ASEAN).

However, the Philippines has called on ASEAN to first arrive at a common and collective position.

On Thursday, Chinese Foreign Ministry spokesperson Hong Lei said at a press conference in Beijing that China must take part in discussions and negotiations on the crafting of the COC before it is finalized and presented.

"As part of the implementation of the Declaration on the Conduct of Parties in the West Philippines Sea (South China Sea) DOC, formulating the Code of Conduct in the South China Sea should be directly discussed and negotiated between China and ASEAN countries," he said.

Hong said China and ASEAN have been actively implementing the DOC, including conducting relevant research programs and cooperative projects.

He was reacting to an ASEAN country's statement that discussion of the main content of the COC should be ASEAN-centered and agreement should be reached among ASEAN countries before inviting China to join the discussion.

Hong said China and ASEAN signed the DOC 10 years ago to promote peace and stability in the West South China Sea.

"ASEAN has also reiterated that as a regional organization, it does not hold a position on the dispute, and the South China Sea dispute should be settled by the claimants through peaceful negotiations," he said.

The DOC is not designed to resolve disputes over territorial sovereignty and maritime rights and interests in the South China Sea, Hong said.

China claims the entire South China Sea. Taiwan and four ASEAN members - the Philippines, Malaysia, Brunei and Vietnam - also have overlapping claims to the territory.

The Philippines is pleased that ASEAN is now working to identify the main elements of the regional Code of Conduct to be a legally binding instrument.

President Aquino said during the Retreat Session of the 20th ASEAN Summit in Phnom Penh, Cambodia last week that the Philippines believes that the COC must be a real "move forward" in terms of substance, that it should contain not only provisions on cooperative activities but, more importantly, provisions on dispute settlement and the clarification and segregation of disputed and non-disputed areas.

Aquino urged ASEAN member-states to arrive at a common and collective position on the COC before meeting with China to craft a legally binding code in the South China Sea, which the Philippines calls the West Philippine Sea.

Aquino said the Philippines considers the peaceful resolution of the disputes in the West Philippine Sea through a rules-based approach under relevant dispute-settlement mechanisms of the United Nations Convention on the Law of the Sea (UNCLOS) as paramount to regional peace, stability, and progress.

The Philippines has offered to host a meeting among claimant countries to the Spratly Islands, including China, to arrive at a peaceful and diplomatic resolution of the disputes.

In a statement on the Code of Conduct of Parties in the South China Sea during the ASEAN Foreign Ministers Meeting in Phnom Penh last week, Foreign Affairs Secretary Albert del Rosario said the Philippines is pleased that the ASEAN Senior Officials Meeting (SOM) Working Group is now working to identify the main elements of the regional Code of Conduct.

The Philippines believes that the COC must contain fundamental guidelines in which stakeholder-states are to conduct themselves in the West Philippine Sea, and mechanisms on dispute settlement including the appropriate structure for its effective implementation, he added.

Del Rosario said the COC must clarify and segregate disputed from non-disputed areas in accordance with international law, including the UNCLOS.

It must have provisions relating to cooperative activities, as may be appropriate, for the disputed areas, he added.

Del Rosario said the Philippines adheres to the primacy of international law in resolving the disputes.

"On the COC, it is important for ASEAN to first agree among themselves on the draft text of the COC before meeting with China," he said.

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