Zubiri hits China bid to detain ‘trespassers’ in disputed waters

Fr. Robert Reyes leads a thanksgiving prayer with fishermen and volunteers of “Atin Ito”  Coalition aboard one of the four fishing vessels sailing to Panatag (Scarborough) Shoal in the West Philippine Sea on Thursday morning. (INQUIRER / RICHARD A. REYES)

MANILA, Philippines — China’s new rule that would supposedly grant its coast guard the power to detain foreigners deemed “illegally crossing” its borders without trial is a violation of international laws, Senate President Juan Miguel Zubiri said on Friday. 

In a radio interview, Zubiri said the South China Sea, including the West Philippine Sea “are freedom of navigation lanes.”

“Clear violation of United Nations Convention on the Law of the Sea (UNCLOS) yan. Clear violation of the law of the seas, particularly on the freedom of navigation,” said Zubiri over Radyo 630. 

“Napaka-klaro na itong lugar na ito — West Philippine Sea — South China Sea — these are freedom of navigation lanes. Dapat libre pong dumaan ang tao kahit sino po. Kahit Vietnamese, kahit Malaysian, kahit Pilipino. Kahit sino ay dapat libreng makalusot diyan at hindi dapat i-restrain, hulihin, or paalisin — kahit sino. Yan po ay napaka-klaro under UNCLOS,” he emphasized. 

(It is very clear that this area — the West Philippine Sea, the South China Sea – these are freedom of navigation lanes. Anyone can pass freely through, Vietnamese, Malaysian, or Filipino. Anyone can pass by it freely and they shouldn’t be restrained, arrested, or told to leave. That is very clear under UNCLOS.)

‘Deterioration of peace’

In the same interview, Zubiri warned that this could lead to “deterioration of peace and order” if China proceeds to act on its policy. 

“Magkakaproblema po. Magre-react po ang mga allies, magre-react ang iba’t ibang claimant countries. And I think magkakaroon ng complication dito sa whole setup,” he said. 

(We will have problems. Allies will react, claimant countries will react. And I think there will be a complication in this kind of setup.)

But what should the Philippine government do in light of China’s policy change? Zubiri said the Philippines can “take it up with the United Nations.” 

Zubiri said the Philippine government can file a formal complaint and protest if China really acts on its plan. 

“[K]ung mangyari yan illegal detention yan that’s considered illegal detention,” he said.  (If it happens, that is considered illegal detention.)

In the same interview Zubiri admitted that he’s wondering if China’s policy could trigger the Mutual Defense Treaty between the United Nations and the Philippines.

He said it is only a diplomatic question that remains unanswered to date. 

“Kung magkakaroon po ng what you call illegal detention of fisherfolk, coast guard personnel, that might trigger the Mutual Defense Treaty and escalate the already tense situation sa West Philippine Sea. Kaya kung ako ang Tsina, huwag po sana silang magsalita ng ganyan. Hindi lamang sila ang claimant diyan,” he added. 

(If the illegal detention of fisherfolk or coast guard personnel happens, that might trigger the Mutual Defense Treaty and escalate the already tense situation in the West Philippine Sea. That’s why If I were China, I wouldn’t do this. China is not the only claimant in the area.)

China’s continued aggression is borne out of a sweeping claim over most of the South China Sea, including the West Philippine Sea. It, however,  has long been dismissed by an arbitral tribunal.

In 2013, the Philippines challenged China’s assertions before the Permanent Court of Arbitration in The Hague, Netherlands.  It ruled overwhelmingly in favor of the Philippines in 2016.