Philippines clash with China over the Sea barriers of Scarborough Shoal

03-10-2023

Nuno Daun

Southeast Asia & Pacific Team 

Global Human Rights Defence

Background

In 2012, China seized the Scarborough Shoal from the Philippines, as China claims control over 90% of Sea territory in the South China. However, the South China Sea reaches the territories of the Philippines, Brunei, Malaysia and Vietnam. The seizing of the Scarborough Shoal occurred after tensions escalated between China and Philippines over the Spratly Islands in the South China Sea. Over the years, China has claimed sovereignty over these waters, with the other nations only claiming parts of it. After seizing the Scarborough Shoal, China forced boats from the Philippines to travel further, consequently affecting the amount of fish that they were able to catch.

The United Nations Convention on the Law of the Sea (UNCLOS), a convention ratified by China, states that states have claim over 370 km from their shore. The Spratly Islands are 222 km from the Philippine Island of Luzon, whereas China’s closest territory is the Hainan Island, which is 1.100km away. In 2016 the Permanent Court of Arbitration in The Hague ruled that China did not have sovereignty over the entire territory and that the Spratly Islands are not in fact Islands, but rather reefs and rocks. Thus, making China’s occupation unlawful. China was not present during the proceedings and has refused to recognize the ruling.

Dispute over Sea Barriers

On the 22nd of September, the Philippine Coast Guard removed a floating barrier that was placed by China in the area. According to the Philippine Coast Guard, the barrier was detrimental to safe navigation and it was also hindering the possibility to fish in the area, which was having serious consequences for the survival of fishermen in the area. 

On 24th of September, a video was released showing a diver cut the cable of an anchor of the floating barrier. The government of the Philippines issued a statement saying that they will take “all appropriate measures” to remove the estimated 300 meters of cable from the Sea. These barriers were impeding Filipino fishermen from fishing in the region and it was consequently affecting sea life. Filipino fishermen have alleged that the Chinese Coast Guard places those barriers when they see a large number of fishing boats in the area. Additionally, the Philippines government has ordered their Coast Guard to remove any other barriers that China may place in the future.

 China’s reaction

The Chinese government has issued a warning to the Philippines not to “stir up trouble” after the video of the diver cutting the cable was released. In August, the Chinese Coast Guard used a water cannon on a vessel from the Philippines when the vessel went near the disputed area. Following the incident, China’s Coast Guard Spokesperson Gan Yu stated that China has indisputable sovereignty over the region and that the Philippines should stop “its infringing activities in these waters.” The international community responded negatively to China’s actions.

The Philippines Department of Foreign Affairs has stated that the placement of the barrier was a violation of international law and that its placement was an attack on the sovereignty of the Philippines.

Sources and further readings:

• Al-Jazeera, ‘What set off the latest South China Sea row between China and Philippines?’ (26 September 2023) Al-Jazeera News https://www.aljazeera.com/news/2023/9/26/what-set-off-the-latest-south-china-sea-row-between-china-and-philippines accessed 3 October 2023.
• Al-Jazeera, ‘Philippines summons China envoy after water cannon incident in disputed sea’ (7 August 2023) Al-Jazeera News https://www.aljazeera.com/news/2023/8/7/philippines-summons-china-envoy-after-water-cannon-incident-in-disputed-sea accessed 3 October 2023.
• Al-Jazeera, ‘China accused of using water cannon on Philippine boat in South China Sea’ (6 August 2023) Al-Jazeera News https://www.aljazeera.com/news/2023/8/6/philippines-says-china-used-a-water-cannon-on-boat-in-south-china-sea accessed 3 October 2023.
• Al-Jazeera, ‘‘Bold step’: Philippines vows to remove future South China Sea barriers’ (29 September 2023) Al-Jazeera News https://www.aljazeera.com/news/2023/9/29/philippines-promises-to-remove-future-barriers-at-disputed-reef accessed 3 October 2023.
• Al-Jazeera, ‘Philippines removes South China Sea ‘floating barrier’ installed by China’ (25 September 2023) Al-Jazeera News https://www.aljazeera.com/news/2023/9/25/china-defends-south-china-sea-floating-barrier-as-manila-vows-to-remove accessed 3 October 2023.
• Euan Graham, ‘The Hague Tribunal’s South China Sea Ruling: Empty Provocation or Slow-Burning Influence?’ (18 August 2016) Council of Councils < https://www.cfr.org/councilofcouncils/global-memos/hague-tribunals-south-china-sea-ruling-empty-provocation-or-slow-burning-influence> accessed 3 October 2023.