Zubiri: New China policy on 'trespassers' illegal under UNCLOS

China's new regulation ordering the detention of any foreign nationals 'trespassing' the South China Sea is illegal under the United Nation Convention on the Law of the Seas and might further escalate the tension in the West Philippine Sea (WPS), Senate President Juan Miguel Zubiri said Monday.

"Illegal po 'yan, bawal po yan under the UNCLOS, the United Nations Convention on the Law of the Seas. Nakapirma d'yan 'yung China, they are signatory. Tayo din signatory din. Lahat ng claimant countries are signatory dito," Zubiri said in an interview over Dobol B TV.

(It would be illegal under UNCLOS, the United Nations Convention on the Law of the Seas. China is a signatory, we are also a signatory. All claimants are signatories.)

He noted that the UNCLOS provides for free and open access to all ships passing through South China Sea, which includes areas that fall under the Philippine Exclusive Economic Zone.

"Kaya ako ay nababahala at wina-warning-an po natin 'yung mga Chinese Coast Guard and Navy na huwag nila pong gawin yan dahil lalong tataas ang tensyon dito sa region na ito," Zubiri said.

(That's why I'm worried and warning the Chinese Coast Guard and Navy to not to resort to this because it will escalate the tension in the region.)

"Nakakatakot kasi siyempre, didepensahan natin ang ating mga kababayan... Kung meron pong mangingisda na pupunta po d'yan sa Bajo de Masinloc at huhulihin po nila. Eh siyempre, gagalaw na 'yung ating Coast Guard at gagalaw na yung ating Navy dahil ano na yun, sibilyan na ang hina-harass nila, hinuhuli nila. Hindi naman tayo papayag," he added.

(It is worrisome since we will defend our people. If there would be fishermen going to Bajo de Masinloc and they would be detained. Of course, our Coast Guard will react, so will be the Navy. These are our civilians they would be harassing, that we cannot allow.)

Scarborough Shoal, also known as Bajo de Masinloc and Panatag Shoal, is located 124 nautical miles west of Zambales and within the Philippines' 200-nautical mile exclusive economic zone (EEZ).

Further, Zubiri said that the international community would condemn China if it detains foreigners whom they perceive as trespassers.

"The whole world will condemn these actions, unilateral actions of China. Sa tingin ko, kailangan natin ilabas po yan sa buong mundo na truthful tayo," he said.

The Senate president then suggested for other claimants in the SCS to band together against this new China policy.

"Sa tingin ko, yung buong mga claimants dyan, Vietnam, Malaysia, Brunei at iba pang mga bansa, Indonesia, ay dapat magsama-sama na. At magkaisa na siguro sabihin nila na hindi sila papayag," he said.

( I think the other claimants should band together at be united in opposing this.)

Beijing said in its controversial regulation, which will take effect in June, that the China Coast Guard would detain trespassers in the South China Sea for up to 60 days.

President Ferdinand Marcos Jr. on Saturday condemned China’s detainment order, saying that that kind of action “would be completely unacceptable to the Philippines.”

“The position that we take is that that it is unacceptable, and we will take whatever measures to always protect our citizens,” Marcos said.

At least two senators said the Philippines may file another case with an international court should China detain foreign nationals, particularly Filipinos, for “trespassing” in the SCS.

The Philippine government already sued China before the Permanent Court of Arbitration in The Hague in 2013. The Court ruled in favor of the Philippines in July 2016 when it junked China's nine-dash claim over the South China Sea.

China, however, refuses to recognize the ruling to this day. — RSJ, GMA Integrated News