PH files protest vs. China-declared baselines in Scarborough

MANILA – The Philippine government formally rejected the Chinese-declared "baselines and base points" around the Bajo de Masinloc (BDM or Scarborough Shoal), the latest in Beijing's effort to reinforce its "illegal seizure" of the feature located well within the Philippine exclusive economic zone (EEZ).

Spokesperson Ma. Teresita Daza said the Department of Foreign Affairs (DFA) lodged the diplomatic protest on Nov. 12.

In a statement on Tuesday, the National Maritime Council (NMC) said the baselines were "drawn in violation of the Philippines' long-established sovereignty over the shoal throughout history" and do not meet the criteria provided under the United Nations Convention on the Law of the Sea (UNCLOS).

"The establishment of the baselines by China around the shoal is a continuation of its 2012 illegal seizure of the shoal, which the Philippines continues to strongly oppose," it said.

The NMC said straight baselines can only be used in accordance with the criteria and conditions provided in UNCLOS, as explained in the 2016 Arbitral Award.

"These conditions are not present in the case of BDM. Thus, the straight baselines established by China around the shoal are without any legal basis or effect," the NMC said.

"The Philippines strongly objects to the use of these baselines by China and resolutely maintains its right to declare the correct baselines of BDM," it added.

The NMC reiterates that it has "always had sovereignty and jurisdiction" over Scarborough Shoal, and that its maritime zones are consistent with international law and do not impinge on the sovereignty or jurisdiction of other states.

The Chinese government announced its own baselines and corresponding base points around Scarborough Shoal on Nov. 10, less than a week after it protested the new Philippine Maritime Zones Act.

The Chinese Foreign Ministry said its declaration will "lawfully strengthen" its "marine management" over the area.

China claims sovereignty over Scarborough Shoal, which it calls Huangyan Dao or Huangyan Island.

In 2016, Arbitral Tribunal declared that the feature is a traditional fishing ground for many nationalities, including those in the Philippines, China and Vietnam.

Bajo de Masinloc, located 124 nautical miles off Zambales, is well within the 200 nautical mile EEZ of the Philippines, over which the country has sovereign rights.

The atoll is at least 472 nautical miles away from the nearest coast of China. (PNA)