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PH cannot complain to UNCLOS vs China over latest Ayungin incident —Carpio
The Philippines cannot file a complaint to the United Nations Convention on the Law of the Sea (UNCLOS) against China over the latest incident in Ayungin Shoal, a former associate justice of the Supreme Court said Wednesday.
“At present, it is a military activity and we cannot go to UNCLOS to complain,” said retired Supreme Court Senior Associate Justice Antonio Carpio said at the Kapihan sa Manila Hotel.
Carpio pointed out that the resupply mission of the Armed Forces of the Philippines (AFP) to BRP Sierra Madre, the tank landing ship grounded at Ayungin Shoal, was considered a military activity, which is already outside the scope of the UNCLOS.
“In the arbitral award of July 12, 2016, the tribunal said that our ship in Ayungin Shoal, BRP Sierra Madre, and our effort to resupply that ship constitute a military activity.
“Under UNCLOS, military activities are outside the scope of UNCLOS and outside the scope of compulsory arbitration because it is a military activity. That’s an exception,”
Accordingly, Carpio suggested establishing a civilian lighthouse and marine research center in Ayungin Shoal so that the Philippines can file a complaint to UNCLOS if China shows aggression in connection with these structures.
On Tuesday, four people were injured after two China Coast Guard (CCG) vessels water cannoned a Philippine boat on a resupply mission to BRP Sierra Madre in Second Thomas Shoal.
"The use of water cannons by the CCG vessels shattered the wind shield of Unaizah May 4, causing minor injuries to at least four personnel on board," the National Task Force for the West Philippine Sea (NTF-WPS) said.
According to the task force, the Chinese vessel performed dangerous blocking maneuvers against BRP Sindangan.
Carpio was part of the Philippine delegation in the 2013 arbitration case against China, which led to the landmark victory for Manila in 2016.—RF, GMA Integrated News
