DUTERTISMO IN THE WEST PHILIPPINE SEA, YEAR 3

A LOOMING ENVIRONMENTAL CRISISJAY L. BATONGBACAL

ASSOCIATE PROFESSOR, UNIVERSITY OF THE PHILIPPINES

DIRECTOR, U.P. INSTITUTE FOR MARITIME AFFAIRS & LAW OF THE SEA

• PH entitled to full 200nm EEZ/CS; Mischief Rf part of PH EEZ/CS

THE SCS ARBITRATION (PHILIPPINES V. CHINA) AWARD, 2016

• CN does not have valid historic claim to area of 9DL; may only claim in accord w/ UNCLOS

• Sovereignty over islands/rocks (inc. 12nm TS) only remain legitimately disputed

• Beyond these areas, CN acted in contravention of PH sovereign rights

• Islands/rocks in SCS are entitled to only 12nm TS, not EEZ/CS

MARINE ENVIRONMENTAL IMPERATIVES FOR WPS

• Protect the integrity and productive capacity of the marine environment in the West Philippine Sea

• Get other countries to cooperate with conservation or mitigation measures (e.g., no-take zones)

• Eliminate destructive fishing activities (e.g., giant clam harvesting)

OVER-EXPLOITATION

Source: The Sea Around Us Project

OVER-EXPLOITATION

INDICATORS OF IMPENDING FISHERIES COLLAPSE

INTRUSIONS INTO THE PH EEZ

EVERY APRIL SINCE 2012

Source: Karagatan Patrol

INTRUSIONS INTO THE PH EEZ

JULY 2018-JULY 2019

Source: Global Fishing Watch

CORAL REEF DESTRUCTION

CORAL REEF DESTRUCTION

• Giant clam harvesting reported previously

• 2016: November {BFAR]

• 2017: April 11, 17, 24; August 15 [BFAR]

• 2018: February [AFP]

• 2018: March 12 [BFAR]

• 2019: January 28 to February 4; February 24; February 25 to March 3, April 22 [AFP, PCG, DENR]

CORAL REEF DESTRUCTION

• CCG actions against PH fishermen in Scarborough Shoal reported to BFAR

• 2016 December: Forcibly took fish catch and gear

• 2017 March: Pushed PH fishing boats away from Reed Bank

• 2017 December: Forcibly took fish catch and gear

• 2018 February: Taking of fish catch PH fishermen not fishing in Scarborough, p

• Less PH fishermen venturing to Scarborough Shoal; preferring to fish around payao closer to Zambales

• 2018 February

• 2017 November 6

• 2018 April 4 to June 19

GOVERNMENT AWARENESS

• “This Department posits that the continued coral reef destruction in harvesting giant clams, sea turtles, topshells and other protected and/or endangered species within Scarborough Shoal by Chinese fishermen, compounded by China’s inaction to address the situation, is tantamount to a blatant disregard for international laws, particularly its “duty to protect and preserve the marine environment” set forth in Article 192 to 194 of the United Nations Convention on the Law of the Sea (UNCLOS)

• “…China’s continued coral reef destruction in harvesting of giant clams, sea turtles, topshells and other protected and/or endangered species on a substantial scale violates not only the UNCLOS but also the CITES Treaty and the CBD, all of which China is a party to.”

• ---SENR Roy Cimatu to NSA Hermogenes Esperon, 27 March 2019

GOVERNMENT ACTION?

• “It is noted that the NTF-WPS agreed to create a team to explore and study all possible legal actions against China for its destruction of the marine environment and indiscriminate extraction of resources in the West Philippine Sea.

• “May we request that the constitution of the legal team from the Department of Foreign Affairs (DFA), Department of Justice (DOJ), Office of the President (OP), National Security Council (NSC), DENR, and other concerned agencies, be endorsed to DFA for consideration.”

• ---SENR Roy Cimatu to NSA Hermogenes Esperon, 27 March 2019

GOVERNMENT ACTION?

END OF PRESENTATION