5 Challenges To Dutertes Fishing Deal' With China

5 challenges to Duterte's ‘fishing deal’ with China
 Be aBeRappler
a Rappler PLUS Member
PLUS Member

HOW DOES THIS STORY MAKE
LATEST NEWS Leni Robredo thanks Naga 63 killed, 182 wounded in

officials ... Kabul ...
4%
0%
75%
PHILIPPINES SOUTH & CENTRAL ASIA

Happy
Sad
Angry
elpoep rehto edam
13%
0%
0%
Inspired
Afraid
Amused
RAPPLER IQ
THIS STORY MAKES PEOPLE

5 challenges to Duterte's ‘fishing deal’
with China
Why President Duterte’s ‘verbal agreement’ allowing China to fish in
Philippine waters is unlawful and dangerous
Sofia Tomacruz
Published 6:21 PM, July 30, 2019
Updated 6:21 PM, July 30, 2019 Got development ideas to share to your
local government?
Rappler uses cookies to customize user experience
 Facebook
Take our survey on liveable cities!
By continued use, you agree to our privacy policy and accept our use of such cookies. For further information, click find out more

Sure!
 Twitter I ACCEPT
I ACCEPT
X
https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

  Reddit

  Email

MANILA, Philippines – Despite being given clear warning of its

risks, President Rodrigo Duterte used his 4th State of the Nation
Address (SONA) to defend an arrangement that would allow China
to fish in Philippine waters.
In his SONA 2019, Duterte spent minutes of his speech trying to

justify a verbal deal he struck with China, allowing Chinese vessels
to fish in the West Philippine Sea.
Before a room full of lawmakers, military generals, and diplomats,

the President said the United Nations Convention for the Law of the
Sea (Unclos) allowed for such arrangements, and that the arbitral
ruling which the Philippines won against China also recognized
“traditional fishing rights for the natives.”
“Besides, I was invoking 'yung (the) traditional fishing rights. It is in

that arbitral ruling. Ayaw lang ninyong gustong tignan (You just don’t
want to look at it)…. It is mentioned there that even before countries
were in existence, people around an ocean or a lake had already
been fishing there for generations. And that is why fishing rights are
allowed in the so many cases decided by Unclose,” Duterte said.
“China and everybody recognizes traditional fishing rights for the

natives who were there even before the creation of republics and
governments. That law is a humane law,” he added.

A week later, neophyte Senator Francis Tolentino insisted on the

validity of the supposed fishing deal between the Philippines and
China despite not knowing what its details were. He also said there
is no law that requires the President to put the fishing deal in writing.
Leading experts on the West Philippine Sea quickly refuted

Duterte’s claims, saying both the Unclos and the Hague ruling
defined limits to fishing deals and traditional fishing rights.
More than anything, experts emphasized Duterte and the Philippine

government are duty-bound to protect marine resources in
Philippine waters for Filipinos.
What other challenges does the Philippine government face if it

were to formalize any fishing deal with China?
1. It is prohibited by the Constitution
By far the biggest challenge for any fishing deal would be the
Constitution. This is because the document is clear about the state's
duty to protect marine resources in Philippine waters for the
exclusive use of Filipino citizens.
Supreme Court Senior Associate Justice Antonio Carpio has

repeatedly said the Philippine government cannot allow Chinese
fishermen to fish in Philippines’ exclusive economic zone (EEZ)
because it will violate the Constitution.
Specifically, Article 12, Section 2 of the Constitution said:

The state shall protect the nation’s marine wealth in its

archipelagic waters, territorial sea, and exclusive economic
zone, and reserve its use and enjoyment exclusively to
Filipino citizens.
This means that even if the Philippine government would opt to let
Chinese fish in Philippine waters under the Unclos, the Constitution
would prohibit it from happening.
"It’s our option whether to allow China or any other country to fish in
the EEZ, but we cannot exercise that option because it’s prohibited
in the Constitution.... We have something in our Constitution that’s
unique. It may not be in the Constitution of other states, but we have
to follow our own Constitution,” Carpio said in an interview with the
ABS-CBN News Channel on July 23.
Advertisement
Jay Batongbacal, director of the University of the Philippines

Institute for Maritime Affairs and the Law of the Sea, echoed this in
a July 27 Te Talks podcast, saying: "The Constitution is clear:
foreign fishing in prohibited in Philippine waters, and the law is clear
as well. We even put up penalties so there is no way for him
(Duterte) to enter into this treaty under the Constitution."
FOR FILIPINOS. The President is duty bound to protect the Constitution, which
states marine resources must be protected for the exclusive use of Filipinos. Photo
by LeAnne Jazul/Rappler

Aside from this, former foreign secretary Albert del Rosario and
former ombudsman Conchita Carpio Morales said any fishing
agreement made by Duterte cannot trump the Constitution. (READ:
Sovereignty vs sovereign rights: What do we have in West PH
Sea?)
"Unless the Constitution is amended, no public official has the

authority to grant foreigners fishing rights in our EEZ…. No
presidential agreement with China or any other country can override
the explicit constitutional mandate that the ‘use and enjoyment’ of
our EEZ is ‘reserved…exclusively to Filipino citizens,’” they said in a
joint statement.
“The agreement between President Duterte and China is therefore

illegal, null, and void,” they added.
2. Hague ruling limits traditional fishing to territorial seas

and archipelagic waters
In his speech, Duterte claimed his verbal deal with China was lawful
under the Hague ruling. Carpio refuted this, saying, the Hague
ruling made it clear there was no traditional fishing in the EEZ.
“Traditional fishing applies only in the territorial sea and archipelagic

waters. There is no traditional fishing in the EEZ. This is very clear
in the arbitral award of July 12, 2016,” Carpio said.
Other Stories
Carpio rebuts Duterte: China 'not in possession' of West

Philippine Sea
(UPDATED) Supreme Court Senior Associate Justice Antonio Carpio hits
President Rodrigo Duterte's assumption that China has dispossessed Filipinos
of the West Philippine Sea
Coast Guard will still stop Chinese boats fishing in PH

waters – Esperon
The National Security Adviser, however, emphasizes that the Philippines does
not have enough resources to fully protect its sovereign rights in the West
Philippine Sea
Defense chief hits China's 'bullying' in Scarborough Shoal

takeover
Filipinos would 'naturally' distrust China for 'grabbing' islands in the West
Philippine Sea, says Defense Secretary Delfin Lorenzana
He added there were only two areas where traditional fishing was
recognized: in the territorial sea around Scarborough Shoal and
archipelagic waters. (READ: Hague ruling: Filipinos, Chinese may
fish in Scarborough)
PAG-ASA ISLAND. An aerial view of the Philippines' largest outpost in the West
Philippine Sea. Photo from the Center for Strategic and International Studies/Asia
Maritime Transparency Initiative
But Chinese fishermen and coast guard vessels closely guard

Scarborough and have prevented Filipino fishermen from entering
the lagoon where most of the fish are. As it stands, Filipinos can
only fish along the perimeter of the area. If Filipino fishermen try
entering the shoal, they risk running into Chinese vessels, which
often threaten them into leaving.
Meanwhile, Batongbacal said traditional fishing rights were also

intended for “artisanal fishing” or small-scale fishing. The Chinese
usually use steel-hulled trawlers, which cannot qualify as traditional
fishing.
“Traditional fishing rights were intended to apply to historic artisanal

fishing undertaken by nearby fishermen, not industrialized distant
water fishing,” Batongbacal tweeted on July 23.

3. Unclos allows for fishing agreements, but foreign states

must abide by laws of the state allowing access to its EEZ
Duterte again cited the Unclos as he tried to justify allowing China to

fish in Philippine waters, saying agreements were allowed to be
made under international law.
However, the Unclos says this would only happen when the “coastal
state does not have the capacity to harvest the entire allowable
catch.” In this case, the Philippines should be unable to harvest the
entire allowable catch before China can be allowed to fish in
Philippine waters.
Advertisement
Unclos and the Hague ruling also affirmed that traditional fishing
rights have been "extinguished" in the EEZ.
FILIPINO FISHERMEN. Fishing boats anchored in Barangay San Roque, San Jose
Occidental Mindoro on June 21, 2019. Photo by LeAnne Jazul/Rappler
Batongbacal said this means all foreign claims to any fishing rights
in another coastal state's offshore waters were extinguished by the
EEZs. This ensured coastal states control over foreign fishing
because any deal to allow foreign fishermen in a country’s EEZ
would need a formal agreement, which would detail specific terms
and conditions when accessing waters.
Meanwhile, Del Rosario and Morales pointed out that while the
Unclos recognized that countries may enter into fishing agreements,

it also ruled there was no obligation to do so.
Unclos also stated that the other country – in this case, China –
must follow the laws of the country allowing access to its EEZ.
(READ: Allow China to fish in PH waters? Panelo cites UNCLOS
but forgets Constitution)
This means Duterte would once again run into the Constitution,
which is clear about the state's duty to protect marine resources in
Philippine waters for the exclusive enjoyment and use of Filipinos.
Aside from this, the Philippine Fisheries Code of 1998 also makes it
illegal for foreign vessels to enter and fish in Philippine waters.
Section 91 of the law says, “It shall be unlawful for any foreign
person, corporation or entity to fish or operate any fishing vessel in
Philippine waters.”
WEST PHILIPPINE SEA. A Philippine Coast Guard ship (R) sails past a Chinese
Coast Guard ship during a joint search and rescue exercise between Philippine and
US coast guards near Scarborough Shoal. Photo by Ted Aljibe/AFP
4. Agreements made under threat of war or force are

considered invalid
Duterte repeatedly harps on China’s threats of war when explaining

why he could not assert the country’s rights in the West Philippine
Sea. (READ: Carpio rebuts Duterte, offers at least 6 ways to
enforce Hague ruling)
The SONA was no exception, with the President saying Chinese

President Xi Jinping threatened the use of force if the Philippines

asserted its rights in the West Philippine Sea.
“Ganun lang. Ipadala ko 'yung marines ko (That’s how it is. I’ll bring
my marines there) to drive away the Chinese fishermen. I guarantee
you, not one of them will come home alive…. We do it in a
confrontation doon (there), we try to drive them (Chinese) away, it
could lead to violence,” Duterte said.
"Nakita ko 'yung tao eh (I saw the man). So you can, more or less,
draw a profile of his, 'Please do not do that because there will be
trouble.' Ano... Ano'ng magagawa ko? (What can I do?)” he added.
Del Rosario and Morales pointed out that deals made under the
threat of war were considered invalid under international law.
Specifically, the Vienna Convention on the Law of Treaties, which

both the Philippines and China are parties to, says, “A treaty is void
if its conclusion has been procured by the threat or use of force in
violation of the principles of international law embodied in the
Charter of the United Nations.”
Advertisement
"Thus, if the Philippines agrees to share its resources in its

exclusive economic zone because China is threatening to use force
or wage war against it, such an agreement is illegal, void, and does
not bind the Filipino people," they said. (READ: Malaysia, Vietnam
show PH can stand up to China)

CLOSE TIES. Philippine President Rodrigo Duterte and Chinese President Xi

Jinping pose prior to a bilateral meeting at the Great Hall of the People in Beijing on
April 25, 2019. Malacañang photo
5. China likely to deplete fishing stock in West Philippine

Sea
Should a fishing deal with China is formalized, experts warned

Chinese fishermen could deplete fish in the West Philippine Sea
“very qucikly.”
Duterte had earlier said that China should be allowed to fish within
the Philippines’ EEZ, specifically Recto (Reed) Bank. But Carpio
argued against this, saying, an agreement with the Asian giant
would be “lopsided” as China’s fishing boats would quickly harvest
all the fish.
GETTING CLOSER. This map indicates the presence of foreign vessels,

represented by the red dots, around and within Philippine waters. Photo from
Karagatan Patrol
Scarborough Shoal has an area of 150 square kilometers, while

Recto Bank is 8,660 square kilometers in area. Carpio pointed out
this would mean allowing China to fish in an area 59 times larger
than Scarborough Shoal.
Aside from this, China has one of the largest fishing fleets in the
world, with over 200,000 steel-hulled trawlers, compared to Filipino
fishermen’s wooden boats. As it is now, Filipino fishermen already
face fierce competition as foreign boats and trawlers have started to

crowd Philippine waters.
Allowing Chinese fishermen free rein in Philippine waters would

further threaten the livelihood of Filipino fishermen.
According to Batongbacal, China also has at least 15,000 fishing

vessels. Some 300 vessels alone, he said, can already fish out the
total annual fish production of the Philippines, which was at some
1.2 million metric tons every year.
“China has almost depleted fishing stocks in its waters and now
wants to fish in the Philippines, to the detriment of countless
Filipinos who rely on fishing to survive," Del Rosario and Morales
said.
They added: "The West Philippine Sea belongs exclusively to

Filipinos, not to China. We must stop giving China primacy over that
of our own people. When will Filipinos be first and not last in our
own country?” – Rappler.com
In these changing times, courage and clarity

become even more important.
Take discussions to the next level with Rappler PLUS — your

platform for deeper insights, closer collaboration, and meaningful
action.
Sign up today and access exclusive content, events, and workshops

curated especially for those who crave clarity and collaboration in
an intelligent, action-oriented community.
As a bonus, we’re also giving a free 1-year

Booky Prime membership for the next 200
subscribers.
Sign up here
You can also support Rappler without a PLUS membership. Help us

stay free and independent by making a donation:

https://www.rappler.com/crowdfunding. Every contribution counts.
You May Like Promoted Links by Taboola
Learning De Lima to [OPINION] The

unselfish play, Duterte: Scrap benefits of
Romeo rewarded deals with knowing many
with another Chinese firms languages
Leave aacomment
Leave comment
PHILIPPINES
De Lima to Duterte: Scrap deals with

Chinese firms in key PH islands
Senator Leila de Lima cites 'claims from no less than our top military
officials that Chinese presence in these strategic border islands
would pose, if not guarantee, security risks to our country'
Rappler.com
Published 3:57 PM, August 17, 2019
Updated 3:57 PM, August 17, 2019

CHIQUITA ISLAND. This is one of 3 Philippine islands that Chinese firms plan to
develop under deals inked with government corporations. File photo from Wikipedia
MANILA, Philippines – Senator Leila de Lima has filed a resolution

urging President Rodrigo Duterte to cancel the development of 3
Philippine islands by Chinese firms.
De Lima filed Senate Resolution No. 93 on Wednesday, August 14,

in response to the Chinese firms' plans to develop 3 islands in the
northern Philippines: Fuga in Cagayan, and Grande and Chiquita in
Subic Bay, Zambales.
The senator filed the resolution a week after the Philippine military
expressed concern over the plan, noting that the islands were
strategic and their development by Chinese firms could
"compromise" Philippine security. (READ: Philippine military warns
on Chinese investment in key islands)
“With claims from no less than our top military officials that Chinese
presence in these strategic border islands would pose, if not
guarantee, security risks to our country, President Duterte should go
ahead and immediately cancel these development agreements with
Chinese firms involving these islands," De Lima said.
“No amount of guarantee of good behavior nor promise of economic

gain from China would justify placing our country at risk by allowing
foreign presence in strategic locations, especially by a government
that has repeatedly expressed their claim over our territorial waters,
as well as those of our neighboring states,” she added.

On August 6, the military through its spokesman Brigadier General

Edgard Arevalo urged the government should study the security
implications of handing over the islands to foreign entities.
De Lima's resolution specified two agreements regarding the

developments.
The first agreement, confirmed by the Cagayan Economic Zone

Authority, is with Xiamen-based Fong Zhi Enterprise Corporation to
develop a $2-billion Smart City in Fuga Island.
The second is with GFTG Property Holdings and Sanya CEDF

Sino-Philippine Investment Corporation, which forged a $298-million
project to develop the Grande and Chiquita islands under the Subic
Bay Metropolitan Authority.
Military and defense officials said they were not consulted about
these plans.
Presidential Spokesperson Salvador Panelo had said that the island

investments were "mere plans" and that the Philippines may opt to
cancel if they were found to be threats to national security.
Economic ties have improved between the Philippines and China

under President Duterte, who set aside the Philippines' 2016 victory
over China in the West Philippine Sea before an international court,
when he was elected into office. (READ: Philippines loses to China
3 years after Hague ruling)
This has led to an influx of Chinese investment in the country,

particularly with offshore gaming firms that cater to China, causing
many Chinese workers to move to the Philippines. – Rappler.com
In these changing times, courage and clarity

become even more important.

Take discussions to the next level with Rappler PLUS — your

platform for deeper insights, closer collaboration, and meaningful
action.
Sign up today and access exclusive content, events, and workshops

curated especially for those who crave clarity and collaboration in
an intelligent, action-oriented community.
As a bonus, we’re also giving a free 1-year

Booky Prime membership for the next 200
subscribers.
Sign up here
You can also support Rappler without a PLUS membership. Help us

stay free and independent by making a donation:
https://www.rappler.com/crowdfunding. Every contribution counts.
Leave aacomment
Leave comment
ABOUT RAPPLER SECTIONS COMMUNITY
Welcome to Rappler, a social news network where stories News Facebook

inspire community engagement and digitally fuelled actions Video Twitter
for social change. Rappler comes from the root words "rap" Business Google+
(to discuss) + "ripple" (to make waves). Newsbreak Youtube
MovePH Instagram
Views Android
Read more Life & Style iOS
Entertainment
Sports
Rappler's Founding Privacy statement Tech
Board Terms of Use Live
Rappler's 2017-2018 Comment BrandRap
Board moderation Policy Weather in the
Rappler Team Job Openings Philippines
Rappler Indonesia Advertise With Us Disasters

Team Contact Us Travel destinations

Rappler Index of Coupons
Topics #PHVOTE
Archives Senatorial election
X results 2019
Party-list election
results 2019
Local election results
2019

5 Challenges To Dutertes Fishing Deal' With China

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

5 Challenges To Dutertes Fishing Deal' With China

Uploaded by

Copyright:

Available Formats

5 challenges to Duterte's ‘fishing deal’ with China

LATEST NEWS Leni Robredo thanks Naga 63 killed, 182 wounded in

PHILIPPINES SOUTH & CENTRAL ASIA

THIS STORY MAKES PEOPLE

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

MANILA, Philippines – Despite being given clear warning of its

In his SONA 2019, Duterte spent minutes of his speech trying to

Before a room full of lawmakers, military generals, and diplomats,

“Besides, I was invoking 'yung (the) traditional fishing rights. It is in

“China and everybody recognizes traditional fishing rights for the

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

A week later, neophyte Senator Francis Tolentino insisted on the

Leading experts on the West Philippine Sea quickly refuted

More than anything, experts emphasized Duterte and the Philippine

What other challenges does the Philippine government face if it

1. It is prohibited by the Constitution

Supreme Court Senior Associate Justice Antonio Carpio has

Specifically, Article 12, Section 2 of the Constitution said:

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

The state shall protect the nation’s marine wealth in its

Jay Batongbacal, director of the University of the Philippines

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

"Unless the Constitution is amended, no public official has the

“The agreement between President Duterte and China is therefore

2. Hague ruling limits traditional fishing to territorial seas

“Traditional fishing applies only in the territorial sea and archipelagic

Carpio rebuts Duterte: China 'not in possession' of West

Coast Guard will still stop Chinese boats fishing in PH

Defense chief hits China's 'bullying' in Scarborough Shoal

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

But Chinese fishermen and coast guard vessels closely guard

Meanwhile, Batongbacal said traditional fishing rights were also

“Traditional fishing rights were intended to apply to historic artisanal

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

3. Unclos allows for fishing agreements, but foreign states

Duterte again cited the Unclos as he tried to justify allowing China to

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

it also ruled there was no obligation to do so.

4. Agreements made under threat of war or force are

Duterte repeatedly harps on China’s threats of war when explaining

The SONA was no exception, with the President saying Chinese

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

President Xi Jinping threatened the use of force if the Philippines

Specifically, the Vienna Convention on the Law of Treaties, which

"Thus, if the Philippines agrees to share its resources in its

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

CLOSE TIES. Philippine President Rodrigo Duterte and Chinese President Xi

5. China likely to deplete fishing stock in West Philippine

Should a fishing deal with China is formalized, experts warned

GETTING CLOSER. This map indicates the presence of foreign vessels,

Scarborough Shoal has an area of 150 square kilometers, while

https://www.rappler.com/...l-china?fbclid=IwAR3cAfeeu_CQ_YdpvHXLNibSVXTxTYGDLRPu4SNwGW_3OSZ2vhOhx-9S7PI#cxrecs_s[18/8/2019 12:51:54 PM]

crowd Philippine waters.

Allowing Chinese fishermen free rein in Philippine waters would

According to Batongbacal, China also has at least 15,000 fishing

They added: "The West Philippine Sea belongs exclusively to

In these changing times, courage and clarity

Take discussions to the next level with Rappler PLUS — your

Sign up today and access exclusive content, events, and workshops

As a bonus, we’re also giving a free 1-year

You can also support Rappler without a PLUS membership. Help us