PH files protest vs China over Scarborough baselines declaration

This photo taken on February 15, 2024, shows an aerial view of the Scarborough Shoal in the West Philippine Sea. Photo by JAM STA ROSA / AFP
This photo taken on February 15, 2024, shows an aerial view of the Scarborough Shoal in the West Philippine Sea. Photo by JAM STA ROSA / AFP

MANILA – The Philippine, through the Department of Foreign Affairs (DFA), has filed a diplomatic protest against China for its declaration of “baselines and base points” around the Bajo de Masinloc or Scarborough Shoal.

According to DFA spokesperson Ma. Teresita Daza, the Philippines rejects the latest Beijing effort to reinforce its “illegal seizure” of the feature located well within the Philippine exclusive economic zone (EEZ).

Daza stated that 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,” Daza said.

The DFA official added that 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 Bajo de Masinloc. Thus, the straight baselines established by China around the shoal are without any legal basis or effect,” Daza 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,” she added.

The NMC also reiterated 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.

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./PN

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