Philippines says Sierra Madre a permanent station in Ayungin

Dismissing China's demand to remove a grounded Philippine vessel from the Ayungin Shoal, the Department of Foreign Affairs on Tuesday said the BRP Sierra Madre was a permanent military station tasked to "protect and secure Philippine rights and interests in the West Philippine Sea."

"The deployment of a Philippine military station in its own areas of jurisdiction is an inherent right of the Philippines and does not violate any laws," Foreign Affairs spokesperson Tess Daza said in a statement.

The BRP Sierra Madre has been grounded at the shoal since 1999.

The Philippines maintains a small Navy presence there to guard the territory, which is 105.77 nautical miles from the nearest Philippine province of Palawan and constitutes part of the country’s 200-nautical mile exclusive economic zone and continental shelf as provided under a United Nations convention.

Daza said the Philippines decided in 1999 to deploy a permanent station on Ayungin Shoal in response to China’s illegal occupation of the Panganiban Reef, also known as Mischief Reef, a Philippine territory, in 1995.

"The BRP Sierra Madre is a commissioned vessel of the Philippine Navy that serves as a permanent station for Philippine military personnel deployed to protect and secure Philippine rights and interests in the West Philippine Sea, particularly in the Ayungin Shoal and its vicinity," Daza said.

The BRP Sierra Madre manned by several Marines and Navy personnel has become a symbol of Philippine sovereignty.

The DFA also asserted that deployment of a Philippine military station within its jurisdiction is an inherent right and did not violate any laws.

Violations of international agreements

Manila on Monday protested the August 5 harassment of a Philippine Coast Guard vessel by Chinese Coast Guard vessels and the water cannon attack against a chartered boat bringing food supplies and other necessities to Filipino troops stationed in Ayungin.

Several countries, such as the United States, Japan, Australia, Canada, France, and Germany, expressed support for the Philippines and condemned China’s actions.

Foreign Affairs Undersecretary.Ma. Theresa Lazaro summoned China's top diplomat to Manila, Huang Xillian, to personally express the Philippine government's displeasure over the incident and handed a strongly-worded diplomatic note.

Maritime security expert Jay Batongbacal said he sees a possible reason for China’s sudden restriction of the resupply mission.

"At some point, baka magcollapse ‘yung istruktura dahil sa kalawang. Malamang ‘yan ang hinihintay ng China para sila ang mag-rescue. ‘Pag nirescue, tatanggalin nila tayo doon at di na tayo makakabalik," he said.

(At some point, the ship might collapse because of the rust. They may be waiting to rescue us. But after the rescue, they will occupy it, and we can never come back.)

The Chinese Coast Guard defended its actions, accusing the Philippine vessels of "illegally entering" its waters, adding they were "carrying illegal building materials."

CCG stressed they were enforcing "necessary controls" in accordance with Chinese laws.

China insists that the shoal, which it calls Ren'ai Reef, is part of China's Nansha Islands or what the Philippines refers to as Spratly Islands.

In response to Manila's protest, China demanded that the Philippines remove the BRP Sierra Madre from the shoal, adding the Philippine government had promised to pull the vessel out.

Daza maintained Ayungin Shoal was part of the West Philippine Sea and the country's exclusive economic zone, giving it sovereign rights and jurisdiction over the area.

"The Philippines’ resupply missions and repair of BRP Sierra Madre are part of regular operations in line with domestic and international law, and ensures safety and well-being of our stationed personnel," Daza said, adding all its activities there are legal and does not violate international laws.

Daza explained that the Philippine station on Ayungin Shoal was deployed in 1999, years ahead of the conclusion in 2002 of the Declaration on the Conduct of Parties in the South China Sea (DOC), and "is therefore not a violation of the DOC."

In place of a legally-binding code, China and the ASEAN, which groups the Philippines, Singapore, Vietnam, Thailand, Indonesia, Malaysia, Brunei, Cambodia, Myanmar and Laos, settled for a mere declaration in 2002 that calls on claimants to exercise restraint and stop new occupation in the South China Sea.

However, its non-binding nature and lack of provision to sanction misbehaving claimants, renders the accord useless against aggression.

Daza also reminded China of its obligations under the United Nations Convention on the Law of the Sea or UNCLOS and reiterated the Philippine position that the 2016 arbitral award that denigrated China’s massive claim over the resource-rich waters was final, binding, and must be complied with and respected. — with Sundy Locus/DVM/RSJ/VBL, GMA Integrated News