Amid latest Chinese incursion in WPS, Yamsuan urges speedy approval of archipelagic sea lanes bill

Bicol Saro Partylist Representative Brian Raymund Yamsuan has urged fellow lawmakers in the House of Representatives to work together on the swift approval of a measure that would delineate the Philippines’ archipelagic sea lanes as a means to bar the unauthorized passage of foreign vessels within the country’s territorial waters and airspace.

Yamsuan issued the call amid the recent dangerous actions by China in the West Philippine Sea, which led to a collision between Chinese ships and Philippine vessels that were on a resupply mission to the BRP Sierra Madre in Ayungin Shoal.

President Ferdinand R. Marcos Jr. has ordered the Philippine Coast Guard to conduct an investigation into the incident.

“We join Speaker Ferdinand Martin Romualdez in strongly condemning China’s reckless and dangerous actions in the West Philippine Sea. These acts pose a threat to regional peace and stability and are blatant violations of international law,” said Yamsuan, a member of the House Special Committee on the West Philippine Sea.

“While China continues to disregard our freedom of navigation within our own exclusive economic zone (EEZ), we should act quickly to ensure that such actions do not embolden them to encroach on our territorial waters and conduct any kind of activity without the permission of our government,” he added.

Yamsuan said that as pointed out by the Office of the Solicitor General and the National Security Council, establishing the Philippines’ archipelagic sea lanes and implementing a Maritime Zones Act would both strengthen the Philippines’ position with respect to obligating other countries to comply with the provisions of international law.

In May, the House passed on third and final reading House Bill (HB) 7819 or its proposed Maritime Zones Act, which provides for a general declaration of the maritime zones under the jurisdiction of the Philippines. These include its internal waters, archipelagic waters, territorial sea, contiguous zone, EEZ and continental shelf.

On the other hand, HB 9034, of which Yamsuan is among the principal authors, designates the sea lanes and air routes in the West Philippine Sea for the continuous and speedy travel of foreign ships and aircraft exercising their right of innocent passage. The President is empowered under the bill to fix the coordinates of the designated sea lanes, and substitute or add to them.

HB 9034 is a consolidation of several House measures.

Yamsuan said the continued non-designation of the country’s archipelagic sea lanes “is tantamount to waiving this right under the United Nations Convention on the Law of the Sea (UNCLOS).”

Maritime law analysts point out that the measure designating archipelagic sea lanes covers only the Philippines’ inter-island waters and airspace.

However, there have been instances in the past when Chinese vessels have not only entered the Philippines’ EEZ, but also lingered for 3 days in its archipelagic waters without permission.

Yamsuan recalled that last year, the Department of Foreign Affairs (DFA) summoned the Chinese ambassador to explain why a navy reconnaissance ship of its People’s Liberation Army Navy (PLAN) entered Philippine waters without permission and stayed there for 3 days.

“Masyado ng nagiging mapangahas ang Tsina. Ngayon ay sa loob ng EEZ natin, baka bukas ay sa mismong teriitoryo na natin ulit sila manggulo. Huwag na nating hintayin na makapasok silang muli na wala tayong puedeng gawin kundi magprotesta lang. I urge fellow lawmakers to act quickly on the measure designating our archipelagic sea lanes when Congress resumes session next month,” Yamsuan said.

Both the Philippines and China are signatories to the UNCLOS.

Under HB 9034, foreign ships and aircraft shall pass the designated sea lanes as quickly as possible for the sole purpose of “continuous, expeditious and unobstructed transit” and “shall refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of the Republic of the Philippines,” .

The measure also includes other rights and obligations of foreign ships and aircraft exercising the right of archipelagic sea lane passage. These include banning transiting ships and planes from conducting any research activity unless permitted by the Philippine government, and from conducting any fishing operation or exploitation of Philippine marine resources.

The bill also penalizes foreign civilian ships and aircraft violating provisions of the measure. Violations are punishable by imprisonment ranging from 6 months and 1 day to 2 years and 2 months or a fine of USD1.2 million or both.