PH protests China plan to establish nature reserve in Scarborough Shoal

The Philippine government on Thursday "strongly" protested China's plan to establish a nature reserve at Scarborough Shoal, a resource-rich area where Manila and Beijing have overlapping claims.

Manila has repeatedly declared that provocative moves, such as construction activities at the shoal, which it calls Bajo de Masinloc or Panatag Shoal, are considered "red lines" or non-negotiable and unacceptable actions for the Philippines.

A formal formal diplomatic protest will be filed "against this illegitimate and unlawful action by China as it clearly infringes upon the rights and interests of the Philippines in accordance with international law," the Department of Foreign Affairs said.

"The Philippines urges China to respect the sovereignty and jurisdiction of the Philippines over Bajo de Masinloc, refrain from enforcing and immediately withdraw its State Council issuance, and comply with its obligations under international law, particularly the 1982 UN Convention on the Law of the Sea (UNCLOS), the final and binding 2016 South China Sea Arbitral Award, and the 2002 Declaration on the Conduct of Parties in the South China Sea (DOC)."

China’s State Council said the designation of the nature reserve on the shoal, referred as Huangyan Island by the Chinese, is "an important guarantee for maintaining the diversity, stability, and sustainability of the atoll’s natural ecosystem."

Beijing said it will soon announce specific boundaries and zoning of the reserve.

"The Philippines strongly protests the recent approval by the State Council of China of the establishment of the so-called 'Huangyan Island National Nature Reserve'," the DFA said.

"Bajo de Masinloc is a longstanding and integral part of the Philippines over which it has sovereignty and jurisdiction. The Philippines likewise has the exclusive authority to establish environmental protection areas over its territory and relevant maritime zones."

The shoal, a U-shaped rocky outcrop teeming with marine resources was seized by China from Manila in 2012 following a two-month standoff, triggering an arbitration complaint by Manila 10 years ago. 

READ: EXPLAINER: What is Scarborough Shoal and why is it important?

Pretext towards eventual occupation

For its part, the National Security Council (NSC) rejected China's plan, saying such is a "clear pretext towards eventual occupation."

In a statement, National Security Adviser Secretary Eduardo Año said China’s plan is illegal as it violates the UNCLOS, the 2016 Arbitral Award, and the 2022 Declaration on the Conduct of Parties.

"This move by the PRC is less about protecting the environment and more about justifying its control over a maritime feature that is part of the territory of the Philippines and its waters lie within the exclusive economic zone of the Philippines," Año said.

“It is a clear pretext towards eventual occupation,” he added.

Año pointed out the "irony" for China to establish a nature reserve in the shoal considering that since 2016, Chinese fishers have been conducting large-scale harvesting of endangered species and reef destruction as cited by the Arbitral Tribunal.

"To now claim stewardship over an ecosystem that they themselves has damaged is both contradictory and misleading," he said. "True protection of Bajo de Masinloc demands cooperation, transparency, and respect for international law; not unilateral declarations that restrict access to Filipino fisherfolk under the guise or cover of conservation." 

The arbitration court in The Hague, Netherlands invalidated China’s sweeping claims over the South China Sea in 2016, but ruled that Scarborough Shoal s a traditional fishing ground for Filipino, Vietnamese and Chinese fishermen.

It also ruled that Beijing violated the rights of Filipinos, who were blocked by Chinese Coast Guard from fishing in the disputed shoal off northwestern Philippines.

China, which claims the South China Sea nearly in its entirety, does not recognize the ruling.

Manila maintains it has sovereignty over the shoal, locally called Bajo de Masinloc, saying "it forms an integral part of the Philippine national territory under the Constitution."

Scarborough is 472 nautical miles from China’s nearest coastal province of Hainan and lies 124 nautical miles off the nearest Philippine landmass of Zambales. 

Parts of the South China Sea that fall within Philippine territory have been renamed by the government as West Philippine Sea to reinforce the country’s claim.

The West Philippine Sea refers to the maritime areas on the western side of the Philippine archipelago including Luzon Sea and the waters around, within and adjacent to the Kalayaan Island Group and Bajo de Masinloc. — with Joviland Rita/RSJ, GMA Integrated News