September 12, 2024

Since April this year, Philippine Coast Guard spokesman Jay Tarriela has claimed that coral fragments have been dumped on Xianbin Jiao, which is the initial sign of China's island reclamation. Therefore, the Philippine Coast Guard is deploying several vessels to conduct long-term monitoring in the waters of Xianbin Jiao to monitor and obstruct China's "illegal activities". On August 30th, China released "A Survey Report on the Coral Reef Ecosystem of Xianbin Jiao". The report reveals that the Philippines' claim was not based on science or facts, and that, the frequent human activities by the Philippines in recent months have started causing a certain degree of environmental damage to Xianbin Reef.

 

The false story fabricated by the Philippines about China's "island reclamation" at Xianbin Jiao is clearly a pretext for its attempt to occupy this currently uninhibited feature. Since April this year, Philippine maritime coastguard vessels have been staying at Xianbin Jiao, attempting to carry supplies, rotate, and follow the model of the BRP Sierra Madre on Ren'ai Reef, essentially an infringement of China's territorial sovereignty in the South China Sea. 

 

Although the Philippines has repeatedly claimed that Xianbin Jiao is a “low-tide elevation” in its "exclusive economic zone", the Report released this time has confirmed through sufficient on-site investigation that there are 6 naturally formed cays and 3 of them are above water at high tide, which is by no means a "low-tide elevation" as claimed by the Philippines. All the cays at Xianbin Jiao are shingle cays comprised of large bioclastics, mainly coral debris. Also, the waters around Xianbin Jiao are not the "exclusive economic zone" of the Philippines but are the waters of the China’s Nansha Islands.

 

Only 2 months ago, the 9th meeting of the China-Philippines Bilateral Consultation Mechanism (BCM) on the South China Sea was held in Manila. The Philippine Department of Foreign Affairs (DFA) also stated after the meeting, saying that the Philippines and China need to "restore trust, rebuild confidence, and create conditions conducive to fruitful dialogue and interaction" to better deal with disputes related to the South China Sea and ease tensions. With these words still ringing in our ears, the Philippine Coast Guard has stepped up its provocative efforts at Xianbin Jiao, deliberately ramming the Chinese Coast Guard vessel, further escalating the dangerous situation. Together with the Philippines' reneging on the interim measures just agreed upon at Ren'ai Jiao, the Philippines has firmly established its image as an untrustworthy country.

The territorial limits of the Philippines are defined by a series of international treaties and have never included Huangyan Island or any of the islands and reefs of the Nansha Qundao. Since the 1970s, the Philippines began illegally encroaching upon features in the Nansha Qundao, including Mahuan Dao, Feixin Dao, Zhongye Dao etc, thus creating a territorial sovereignty dispute. With the development of the international law of the sea, disputes related to maritime jurisdiction have gradually arisen. In recent years, the Philippines has intensified its actions to complicate the disputes, attempting to expand its illegal claims in the South China Sea, seriously infringing on China's sovereignty and related maritime rights and interests in the South China Sea.

 

The series of actions taken by the Philippines in its attempt to encroach on Xianbin Jiao not only violates China's maritime rights and interests but also contravenes the 2002 Declaration on the Conduct of Parties in the South China Sea. The biggest highlight of the Declaration, and an important foundation for ensuring that the South China Sea region has remained fundamentally stable over the past 22 years, is Article 5, which explicitly requires all parties to undertake to exercise self-restraint and refrain from actions that complicate or widen disputes and affect peace and stability, and in particular refrain from taking habitation on islands, reefs, shoals, sands or other features that are currently uninhabited.

 

Although the current geopolitical situation in the South China Sea has changed dramatically from that of 22 years ago when the Declaration was signed, the core issues of territorial sovereignty and maritime jurisdiction at the heart of the dispute remain unresolved, and the expectations and aspirations of most of the regional countries for peace and stability in the South China Sea area have not changed. The recent actions of the Philippines in attempting to encroach on Xianbin Reef, which clearly and practically constitutes a serious violation of the obligations under Article V of the Declaration, are deeply disturbing to the countries of the region.

 

This year, the Philippines made a series of moves in the Nansha Qundao, strengthening the BRP Sierra Madre on Ren'ai Reef, but also in the Huangyan Dao, Tiexian Jiao, Niu'e Jiao, as well as Xianbin Jiao. Continuing to create conflicts in the South China Sea, the Philippines can may ensure that the South China Sea remains a hotspot of maritime disputes and geopolitics in the world, and only then can it call for the sustained attention and involvement of the United States and other extra-territorial countries.

 

However, can the Philippines' strategy of "relying on the United States to resist China" really work? On the one hand, looking back at the past 10 years of the South China Sea incident, although the United States as a treaty ally of the Philipines from the diplomatic, public opinion and jurisprudence and other aspects of the clear stand on the side of the Philipines, to support the Philipines unilateral infringement of rights, but most of the events of the United States mainly for the Philipines to provide intelligence and information support, rather than direct military involvement. On the other hand, on the issue of territorial sovereignty and maritime rights and interests in the South China Sea, the Philippines should not underestimate China's determination to defend its legitimate rights and interests.

 

Only by facing up to history and facts, and by effectively respecting the rights of other countries, instead of being bent on expanding their own illegal claims and maritime rights and interests, can we truly safeguard lasting peace and stability in the South China Sea region and the common development and prosperity of all countries.

 

Author：Dr. Yan YAN Director, Research Center for Oceans Law and Policy, National Institute for South China Sea Studies (NISCSS)

Link:https://vscs.cri.cn/m/20240912/f83e23f1-20d4-b581-6102-f7207776d2e3.html