OFWs urged to keep abreast of shoal dispute with China

Consul General Medardo Macaraig stressed yesterday the need for Filipinos to be informed and to understand the issues surrounding the disputed Scarborough Shoal as tensions escalate between the Philippines and China. See related stories on next page.

Macaraig circulated copies of the Philippine position containing the “basic arguments” in support of its ownership claim on Scarborough Shoal and its surrounding waters.

“This information is being disseminated because there are a lot of questions about the claims of the Philippines. We have to give the public the information they’re requesting,” said Macaraig during the presentation of Saipan Simbang Gabi Group’s donation at the Filipino Workers Resource Center.

The ongoing standoff between the two nations arose on April 8 this year when a Philippine Navy surveillance aircraft conducting maritime patrols observed eight Chinese fishing vessels anchored inside the shoal’s lagoon.

Philippine Navy frigate BRP Gregorio del Pilar dispatched an inspection team two days later and found out that compartments of the discovered fishing vessels contained large amounts of illegally collected corals, giant clams, and live sharks-a “serious” violation of the nation’s sovereignty and maritime jurisdiction, the Fisheries Code, and the U.N. Convention on International Trade in Endangered Species of Wild Flora and Fauna.

Also known as Bajo de Masinloc and Panatag Shoal, Scarborough Shoal is a ring-shaped chain of reefs and rocks and is considered part of the Municipality of Masinloc in Zambales. It sits 124 nautical miles west of Zambales and is well within the 200 nautical-mile exclusive economic zone and continental shelf under the United Nations Convention on the Law of the Sea, or UNCLOS.

Philippine flags have been raised on some of the islets of the shoal in 1965 and 1997. A small lighthouse was also built and operated on one of the islets in 1965. The Philippine Navy rehabilitated the lighthouse and published it in the International Maritime Organization’s List of Lights in 1992.

Scarborough Shoal was used as an impact range by Philippine and U.S. Naval Forces stationed in Subic Bay in Zambales and is a site for scientific, topographic, and marine studies conducted by the Department of Environment and Natural Resources with the University of the Philippines.

Due to its proximity to coastal towns of Southwest Luzon, the shoal has been a familiar fishing ground for Filipino fishermen.

The “full sovereignty and jurisdiction” exercised by the Philippines over the rock features of the shoal is based not just on UNCLOS but also in other principles of public international law, particularly the “effective exercise of jurisdiction,” which is a modality for acquiring territorial ownership over a piece of real estate and was used in several cases tried in international courts and tribunals.

China’s assertion over the shoal is anchored on historical claims, which must satisfy several criteria according to public international law.

“The Philippines is committed to the process of consultations with China toward a peaceful and diplomatic solution to the situation,” the position stated.

“As the DFA works toward a diplomatic solution, the Philippine Coast Guard is present in the area and is continuing to enforce relevant Philippine laws,” it added.

Macaraig emphasized that Filipinos “have to know the pressing issues of the day.” “Otherwise, you will be lost in the future if you don’t keep yourself abreast with the present issues. You won’t be able to understand what might happen. Not knowing the truth is also a form of disinformation.”

A copy of the position may be obtained at the Consulate office on the 5th floor of Marianas Business Plaza. For information, call 234-1850.