Duterte says he told the Chinese: Scarborough is ours

[adroth]

Philippines-China solution on Scarborough Shoal possible, envoy says
Zambales, in the Philippines April 22, 2015. REUTERS/Erik De Castro
By Neil Jerome Morales | MANILA

http://www.reuters.com/article/us-philippines-china-southchinasea-idUSKBN12E1DT

A budding Philippines-China friendship could boost chances of removing one of their biggest bones of contention in the South China Sea, Beijing's ambassador said on Friday, as the two sides pursue broad business ties while still at odds over sovereignty.

Ahead of a high-profile visit to Beijing next week by Philippine President Rodrigo Duterte and at least 250 businessmen, China's ambassador to Manila, Zhao Jianhua, said there was common ground on the South China Sea that both sides could work from, including on the disputed Scarborough Shoal.

Duterte's rapprochement with China marks an astonishing reversal in Philippine foreign policy since July, when the Permanent Court of Arbitration (PCA) in The Hague ruled in favor of the Philippines in the South China Sea dispute.

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While generous with his praise of China, Duterte has still insisted Filipino fishermen should have unhindered access to the shoal.

Zhao, who speaks often and enjoys a public profile unusually high for a Chinese diplomat, said he was confident a solution could be found and eventually the two countries could create "a sea of peace and cooperation".

"The Chinese side is very much interested in fishery cooperation. That is a kind of response to your president's concern about fishermen," he said when asked by a reporter about granting Duterte his wish.

"We would like to explore the possibility of how we can handle it properly.

"I think both sides are going to be able to work on a possible solution to this problem."

It is unclear, however, where the common ground might be when China refuses to discuss the PCA ruling and Duterte continues to promise Filipinos he will not deviate from the content of the July 12 arbitral award.

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PINOYS CAN RETURN TO SHOAL IN FEW MORE DAYS
Duterte says he told the Chinese: Scarborough is ours
Published October 23, 2016 3:36pm
Updated October 23, 2016 6:44pm
By JOSEPH TRISTAN ROXAS, GMA News

http://www.gmanetwork.com/news/story/586107/news/nation/duterte-says-he-told-the-chinese-scarborough-is-ours

President Rodrigo Duterte on Sunday said that he insisted during his meeting with Chinese officials, including President Xi Jinping, that the Scarborough Shoal belongs to the Philippines.

"Ang China ang sabi nila amin 'yan. Sabi ko amin man din 'yan," Duterte said in a speech during his visit to calamity-stricken Tuguegarao City in Cagayan.

In his speech in Isabela, Duterte said both he and Xi held their ground in claiming Scarborough Shoal, with the Chinese leader citing China's supposed historical claim while the Philippine leader presented the award of the Permanent Court of Arbitration.

“Alam ko may problema tayong dalawang bansa dahil diyan sa [South] China Sea na inangkin ninyo na inyong lahat. Kami naman ay nanalo at sinabi na sa Pilipinas yan. But anyway, ang problema, ang sabi niya amin talaa ito historically at hindi kami bibigay dito. Sabi ko, lalo na kami, kasi kami ang nanalo sa korte,” Duterte said.

But Duterte avoided a confrontation with Xi, saying both leaders will discuss the territorial dispute in the future.

[Ayoshi]

Duterte: Filipinos may soon be back at Panatag | Inquirer.net - October 24, 2016

In back-to-back speeches in typhoon-hit Cagayan and Isabela provinces, Mr. Duterte said he and Chinese President Xi Jinping had cordial discussions about the maritime dispute and agreed to further talks, although they both stood their ground on each other’s sovereign rights to the waters.

“We did not talk about arms, we did not talk about war. We talked about how to help each other,” Mr. Duterte said in his speech in Cagayan.

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Blockade over?

It was not immediately clear if that meant China had given an indication it would end its four-year blockade of the rich fishing ground known to Filipinos as Panatag Shoal.

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Two Chinese sources with ties to the leadership in Beijing told Reuters last week China would consider giving Philippine fishermen conditional access to disputed waters in the South China Sea after a meeting between Xi and Mr. Duterte.

[Ayoshi]

Filipinos should be allowed to access Panatag Shoal's lagoon —former envoy | GMA news - October 24, 2016

Former Philippine Permanent Representative to the United Nations Lauro Baja on Monday said Malacañang should clarify which part of Panatag Shoal will the Filipinos be allowed to access.

Baja said in an interview on Unang Balita that Filipino fishermen should be allowed to access the shoal's lagoon, which is rich in marine products.

[adroth]

The following photo has generated a fair amount of commentary, and much of which question whether or not the truce that the PH established with China actually translated to action on-the-ground so to speak.



Clarity, interestingly, came from one-of-FVR's men who posted on Manny Mogato's FB page

https://www.facebook.com/mmogato/posts/10211436554977371?comment_id=10211436987628187&comment_tracking=%7B%22tn%22%3A%22R8%22%7D



For contrast, it is important to note that prior to the truce, merely approaching Scarborough would result in this

https://youtu.be/OVqH_snfm54

https://youtu.be/VTacwydzJdw

[adroth]

Heavy Chinese presence remains . . . but has anyone seen any reports of Filipino fishermen being barred entry?

http://defenseph.net/2017/02/18/scarborough-this-week-chinese-cutters-and-fishing-vessels/

[Kylyne]

haven't heard any such report at least in the province of Zambales. Not sure though for other provinces since lots of our fishermen from different places fishes in Scarborough.

[adroth]

From-the-field reports are needed to monitor this "trip wire"

Palace: Long-term fishing in Panatag shoal still 'uncertain'
Wednesday, November 02, 2016
By RUTH ABBEY GITA MALACAÑANG

On Wednesday was uncertain whether China will permanently allow the Filipinos to fish in the Panatag Shoal in the West Philippine Sea. Presidential Spokesperson Ernesto Abella told reporters that the present arrangement between the Philippines is that Filipino fishermen can now "go and fish" in the shoal.

"At this stage, we're not talking guarantees. We're just going by the fact that they, the fishermen, can now just go," Abella said. "Presently, it's going by the friendly agreement that has been raised. So we'll go. We'll proceed along that lines," he added. Following the state visit of President Rodrigo Duterte to China from October 18 to 22, Filipino fishermen has since been allowed to go to Panatag Shoal without being barred.

Read more: http://www.sunstar.com.ph/manila/local-news/2016/11/03/palace-long-term-fishing-panatag-shoal-still-uncertain-507092
Follow us: @sunstaronline on Twitter | SunStar Philippines on Facebook

[adroth]

Chinese Coast Guard take Pinoy fishermen’s catch in Scarborough Shoal
Published June 7, 2018 10:32pm

http://www.gmanetwork.com/news/news/nation/656099/chinese-coast-guard-take-pinoy-fishermen-rsquo-s-catch-in-scarborough-shoal/story/?utm_source=GMANews&utm_medium=Facebook&utm_campaign=news

Chinese Coast Guardsmen have been taking the catch of Filipinos fishing in the waters of Scarborough Shoal (Bajo de Masinloc), according to GMA News' Jun Veneracion in his report for Thursday's 24 Oras.

Cameras stowed on one of the fishing boats filmed the Chinese asking for fish and then sailing away when fishermen explained they have not caught any.

The fishermen told GMA News that the Chinese Coast Guard had made a habit of taking their catch. At times, Ernie Egana said, they had no choice but to let them pick out the best ones.

Video taken last May 20 showed two men boarding their boat with a basket and opening the latch where the fish was stored. "Wala silang paalam. Halungkatin nila 'yun, basta maghalungkat sila, sir. Kukunin nila 'yung gusto nila. Ilagay nila sa plastic, magaganda pa ang kunin nila," Egana said.

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[adroth]

Videos of the deed

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Wouldn't unlawful confiscation of this catch constitute an act of piracy?

http://www.un.org/depts/los/convention_agreements/texts/unclos/part7.htm

Article100

Duty to cooperate in the repression of piracy

All States shall cooperate to the fullest possible extent in the repression of piracy on the high seas or in any other place outside the jurisdiction of any State.


Article101

Definition of piracy

Piracy consists of any of the following acts:

(a)   any illegal acts of violence or detention, or any act of depredation, committed for private ends by the crew or the passengers of a private ship or a private aircraft, and directed:

(i)   on the high seas, against another ship or aircraft, or against persons or property on board such ship or aircraft;

(ii)   against a ship, aircraft, persons or property in a place outside the jurisdiction of any State;

(b)   any act of voluntary participation in the operation of a ship or of an aircraft with knowledge of facts making it a pirate ship or aircraft;

(c)   any act of inciting or of intentionally facilitating an act described in subparagraph (a) or (b).


Article102

Piracy by a warship, government ship or government aircraft

whose crew has mutinied

The acts of piracy, as defined in article 101, committed by a warship, government ship or government aircraft whose crew has mutinied and taken control of the ship or aircraft are assimilated to acts committed by a private ship or aircraft.


Article103

Definition of a pirate ship or aircraft

A ship or aircraft is considered a pirate ship or aircraft if it is intended by the persons in dominant control to be used for the purpose of committing one of the acts referred to in article 101. The same applies if the ship or aircraft has been used to commit any such act, so long as it remains under the control of the persons guilty of that act.

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Cayetano: DFA acting on shoal harassment
By: Marlon Ramos - Reporter / @MRamosINQ Philippine Daily Inquirer / 07:27 AM June 11, 2018

The Duterte administration is “taking all diplomatic action” in dealing with the reported harassment of Filipino fishermen by Chinese Coast Guard personnel at Panatag Shoal, according to Foreign Secretary

Cayetano on Sunday thanked GMA Network for its report, with a video showing Filipino fishermen, who had spent days fishing at Panatag, watching helplessly as two Chinese coast guards make off with their prime catch.

“[It’s] important for us that our fishermen are able to report complaints like this so that we can act on it right away,” he told reporters in an interview at Ninoy Aquino International Airport, where he welcomed distressed Filipino workers returning from the United Arab Emirates.

“We are assuring you that we are taking all diplomatic action. Look at the results, not just the steps taken,” he said.

“Why do you do protest? Why do you do diplomatic action? Because you want results. This administration is focusing on the results,” he added.

What action?

Cayetano, however, did not specify the diplomatic action the government was taking following the report of the harassment, which the fishermen said had been happening for some time.

Sen. Gregorio Honasan II on Sunday urged the government to verify the report and protest the harassment.

He said President Rodrigo Duterte and Chinese Ambassador to the Philippines Zhao Jinhua could take up the matter with Chinese President Xi Jinping.

But Senate President Vicente Sotto III said the acts of Chinese coast guards were not those of the Chinese president.

A diplomatic protest may not be called for, Sotto said.

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Zhao’s assurance

Cayetano said he and Foreign Undersecretary Ernesto Abella had already spoken separately with Zhao regarding the matter, which acting Chief Justice Antonio Carpio said should prompt the Philippines to lodge another case against China in the Permanent Court of Arbitration in The Hague.

But Cayetano seemed to be content with the assurance given by Zhao.

“We were assured by the Chinese ambassador that they will apply the law very harshly against the violators,” he said, without explaining which law had been violated.

“We already had an agreement with them that the fishermen should be able to freely fish there. The only exception [is] the protected areas,” he added.

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Read more: http://globalnation.inquirer.net/167692/cayetano-dfa-acting-shoal-harassment#ixzz5I4soZlnW
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook

[adroth]

China allows Filipinos to fish in Panatag 'out of goodwill'
(UPDATED) The Chinese embassy says China Coast Guard personnel 'have always acted in accordance with the law,' even as a television report shows them taking the catch of Filipino fishermen in Panatag Shoal

Paterno Esmaquel II
@paterno_ii
Published 11:18 AM, June 12, 2018
Updated 3:50 PM, June 12, 2018

https://www.rappler.com/nation/204725-china-allows-filipino-fishermen-panatag-shoal-goodwill?utm_campaign=Echobox&utm_medium=Social&utm_source=Facebook#Echobox=1528773609

MANILA, Philippines (UPDATED) – China said on Tuesday, June 12, that it has allowed Filipino fishermen to fish in Panatag Shoal (Scarborough Shoal) in the West Philippine Sea (South China Sea) "out of goodwill."

This negates the claim of Philippine Foreign Secretary Alan Peter Cayetano on Sunday, June 10, that the Philippines and China have forged a provisional fisheries agreement as equal parties in Panatag Shoal.

"China has made appropriate arrangement for the Philippine fishermen to fish in relevant waters out of goodwill. This policy remains unchanged," the Chinese embassy in Manila said in a press release Tuesday morning.

China issued this statement in reaction to a GMA News report showing the China Coast Guard taking the catch of Filipino fishermen in Panatag Shoal.

The Chinese embassy continued: "At this point, the China-Philippines friendly relations have taken on a positive trend, and China has a clear and firm determination to commit itself to consolidating and strengthening China-Philippines relations."

The embassy said Chinese coast guard personnel "have been safeguarding peace, order and tranquility in relevant waters and offered humanitarian aid to Philippine fishermen for many times."

Referring to the China Coast Guard, the embassy said, "They have always acted in accordance with the law."

"As to whether the situation mentioned by the media exists or not, the Chinese side is now conducting an investigation seriously. If what the Philippine side claimed is true, I believe relevant Chinese departments will handle that in a serious manner," the embassy added.


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[adroth]

China to punish Coast Guard members in spat with PH fishermen – envoy
By Chad de Guzman, CNN Philippines

Updated 15:49 PM PHT Tue, June 12, 2018

http://cnnphilippines.com/news/2018/06/12/china-coast-guard-filipino-fishermen.html

Metro Manila (CNN Philippines, June 12) — Chinese Ambassador to the Philippines Zhao Jianhua assured Tuesday that members of his country's coast guard who take some of the catch of Filipino fishermen around the disputed Scarborough Shoal would be punished.

"We will check if there's any misconduct conducted by the Chinese Coast Guard. Those individuals will be punished, and the rules will be there," he told reporters in Kawit, Cavite.

President Rodrigo Duterte talked to Zhao about the matter minutes before the flag-raising ceremony to celebrate the country's 120th Independence Day.

In an interview with reporters after the exchange, the Chinese envoy said Beijing's coast guard are disciplined and behave in accordance with their laws.

"We do not allow Chinese coast guards to do anything that is harmful to Filipino fishermen," Zhao said.

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From: https://www.facebook.com/inquirerdotnet/photos/a.10150441841044453.385336.142802334452/10156986178274453/?type=3&theater&ifg=1

JUST IN: Malacañang says it will not file a case against China on the destroyed reefs in Scarborough Shoal, saying the issue can be discussed through the PH-China bilateral consultation mechanism. | via @NCorralesINQ on Twitter