Philippines protests China’s declaration of baselines in Scarborough Shoal

DAVAO CITY – The Philippine government has formally filed a protest against China’s declaration of “baselines and base points” around Bajo de Masinloc (Scarborough Shoal), rejecting what it describes as an effort by Beijing to legitimize its “illegal seizure” of the feature, which lies within the Philippines’ exclusive economic zone (EEZ).

On November 12, Department of Foreign Affairs (DFA) spokesperson Ma. Teresita Daza confirmed that the DFA filed a diplomatic protest regarding China’s actions in the area.

In a statement issued Tuesday, the National Maritime Council (NMC) condemned China’s baselines, asserting that they violate the Philippines’ historical sovereignty over the shoal. The NMC also argued that China’s baselines do not comply with the standards set forth by the United Nations Convention on the Law of the Sea (UNCLOS).

“China’s establishment of baselines around the shoal is an extension of its 2012 unlawful seizure of the area, an action that the Philippines resolutely opposes,” the NMC stated.

The council emphasized that UNCLOS allows for the use of straight baselines only under specific conditions, as outlined in the 2016 Arbitral Award, none of which apply to Bajo de Masinloc. “Thus, China’s use of straight baselines around the shoal lacks any legal basis or effect,” it asserted.

The Philippines “strongly objects” to China’s use of these baselines, maintaining its right to establish the legitimate baselines for Bajo de Masinloc. The NMC reiterated the Philippines’ “long-standing sovereignty and jurisdiction” over Scarborough Shoal and affirmed that its maritime zones align with international law, without infringing upon the sovereignty of other nations.

China declared its baselines around Scarborough Shoal on November 10, only days after voicing objections to the recently enacted Philippine Maritime Zones Act. The Chinese Foreign Ministry stated that its declaration would “lawfully strengthen” China’s “marine management” of the area.

China claims sovereignty over Scarborough Shoal, referring to it as Huangyan Dao (Huangyan Island). However, the 2016 Arbitral Tribunal ruled that the feature is a traditional fishing ground for various nationalities, including Filipinos, Chinese, and Vietnamese.

Located just 124 nautical miles off Zambales, Bajo de Masinloc falls within the Philippines’ 200-nautical-mile EEZ, granting the country sovereign rights over the area. In contrast, the shoal is approximately 472 nautical miles from the nearest Chinese coast, undermining Beijing’s basis for claiming sovereignty over it.

The Philippines’ protest reflects its ongoing commitment to defending its rights and upholding international maritime law amid growing regional tensions in the South China Sea.