by Daniel Long

GMA News Online reported on March 5th that two China Coast Guard vessels water cannoned Philippine vessel Unaizah May 4 (UM4) on a resupply mission to the grounded BRP Sierra Madre in Ayungin Shoal. The National Task Force for the West Philippine Sea released a statement saying: “The use of water cannons by the CCG vessels shattered the wind shield of Unaizah May 4, causing minor injuries to at least four personnel on board.” However, Armed Forces of the Philippines Western Command (WESCOM) chief Vice Admiral Carlos had clarified the day after that the Chinese had no intention to sink the UM4 and the resupply mission itself was successful. He said that Philippine vessel Unaziah May 1 (UM1) was able to enter Ayungin Shoal to deliver humanitarian supplies to the Filipino marines aboard the BRP Sierra Madre. He said, “I’m happy to report that RoRe [rotation and resupply] was successful. At least, yung primary mission to resupply..Ang ating mga secondary missions, unfortunately…we were not able to complete that. This is the secondary objective of our mission, to test UM4, which is a lot bigger than UM 1 and 2. Wala siyang (UM4 had no) load, we purposely did not load this for rotation. We sent this out primarily to test if it can enter Ayungin Shoal.” Last Saturday, (March 23) National Task Force for the West Philippine Sea released a statement saying that Chinese vessels water cannoned (stronger pressure than March 5) UM4 (Unaziah May 4) during another resupply mission causing severe damage to the vessel and physical injuries to Filipinos onboard. Fortunately, the resupply mission was successful as smaller RHIBs (rigid inflatable boats) carrying essential humanitarian materials from UM4 were deployed and reached the troops at BRP Sierra Madre. GMA News had also released a very emotional video taken from inside the UM4 during the incident. “Tama na, Lord (Lord, please stop this), one Navy personnel can be heard saying in the video. Three days later, (March 26) Armed Forces of the Philippines (AFP) chief Romeo Brawner Jr. visited the three injured Navy personnel aboard the UM4 in Palawan.

Very troubling developments. There is a lot to unpack here – but first, let us remember the famous phrase from Albert Einstein: “‘Insanity is doing the same thing over and over again and expecting different results.” Many Filipinos (including myself) are understandably upset and angry over China’s seemingly bimonthly water cannoning of our Navy personnel and civilian ships. However, we must all sober up and put on our thinking caps to get a complete picture of the situation. Let us not be manipulated by politicians who hide behind patriotism. Branding people who have a holistic view of the sea disputes as “traitors” is not productive. We live in a free country and we have the right to express dissent against our government’s foreign policy. Ayungin Shoal is disputed territory claimed by the Philippines, China, the province of Taiwan, and Vietnam. In 1999, President Joseph “Erap” Estrada deliberately grounded the BRP Sierra Madre, a Philippine Navy gray ship, at Ayungin Shoal in response to the Chinese building civilian structures at the nearby Mischief Reef. The Philippines’ response was not proportionate under international law. Under UNCLOS, (United Nations Convention for the Laws of the Seas) the Ayungin Shoal is a low-tide elevation within the Exclusive Economic Zone (105 nautical miles west of Palawan) of the Philippines. According to National Task Force for West Philippine Sea spokesman Commodore Jay Tarriela, the Philippines’ actions, particularly its resupply missions, are “consistent with international law, particularly UNCLOS and the legally binding 2016 Arbitral Award.” This is categorically false. Last March 6 at the “Kapihan sa Manila Hotel”, Former Supreme Court Associate Justice Antonio Carpio explained why: “We cannot go to UNCLOS to complain. In the arbitral award of July 12, 2016, the tribunal said that our ship in Ayungin Shoal, BRP Sierra Madre, and our effort to resupply that ship constitute a military activity. Under UNCLOS, military activities are outside the scope of UNCLOS.” Justice Carpio is correct. Since the basis for our claim to Ayungin Shoal is UNCLOS and under “Exclusive Economic Zone”, we must follow what UNCLOS says (Article 55) that our rights in Ayungin Shoal are limited to fishing, exploration/exploitation of resources underwater, etc. The 2016 arbitral tribunal ruled (Paragraph 1203) that the BRP Sierra Madre’s presence at the Ayungin Shoal “involves military activities”; outside the authority of UNCLOS. The Philippines DOES NOT have sovereignty over the Ayungin Shoal nor is it accurate for Filipino politicians to say that it is “OUR TERRITORY” or “ATIN YAN!” Do not be fooled by our government, we cannot do anything we want in Ayungin Shoal just because it is within our “Exclusive Economic Zone”.

In fact, the presence of the BRP Sierra Madre itself, which has now become a rusting environmental hazard, in the shoal makes it that UNCLOS’ “Exclusive Economic Zone” no longer really applies since it militarized the area. However, what we are concerned with are the water cannoning attacks done by China against the Philippines. What is really the story here?

China has de facto (in practice) accepted the presence of the BRP Sierra Madre at the Ayungin Shoal. Fortunately, the Philippines has been able to resupply humanitarian materials (food, water, medicine, clothing, etc.) to the Filipino marines stationed at the BRP Sierra Madre relatively unmolested by China for the past 24 years. Where do the water cannoning incidents come in?

When the Philippine government violates a mutual agreement (admitted by former Foreign Affairs Secretary Gazmin during Aquino admin) between it and China to not build new structures or send construction materials (steel, welding materials, etc.) to try to repair the rusting BRP Sierra Madre. Philippine Navy spokesperson Commodore Roy Trinidad had said last March 5 that out of 14 resupply missions to Ayungin Shoal in 2023, only 3 (August, November, December) were met with water cannons or blockade. Last October, Armed Forces of the Philippines spokesperson Colonel Medel Aguilar admitted that our government broke protocol with China saying, “On the materials, it’s just to maintain and repair that facility, that vessel.” In February, the AFP conducted a successful resupply mission to Ayungin Shoal, spokeswoman Francel Padilla even described it as “flawless”. No blockade, no shadowing, no water cannons, no harassment, no bullying. Peace and stability is possible when both parties uphold their end of mutual agreements, verbal or otherwise.

Can you blame the Chinese for suspecting that the empty UM4, which was our vessel water cannoned last March 5, might carry construction materials or even be grounded as a new structure? UM1 which carried the actual humanitarian materials made it through to Ayugin. China has offered to meet us halfway, yet we are the ones who cannot even keep up our end of the bargain on long standing agreements. The mainstream media and our government seem to be only interested in portraying us as helpless victims. They are committing a great sin of omission by not making the important distinction – resupply of humanitarian goods (food, water, medicine etc.) versus maintenance, sending construction materials. If you are going to put our servicemen in harm’s way and condition Filipinos to hate China, at least tell them why we are being water cannoned! I cringed when I read President Marcos saying that we are David and China is Goliath. As Senator Imee Marcos once said, “We started it. We picked a fight and then ngayon, ‘yun pala hindi natin kaya. Ano bang klase ‘yun? Talagang takaw gulpi tayo.” You know that China will respond aggressively when you deliver forbidden materials to a disputed area, so why are you sending a significantly smaller vessel made up of wooden materials? Could you not have at least armed it with a water cannon? Expecting a red carpet treatment much? Vietnam also gets water cannoned by China, so what do they do? They engage in a water gun fight. Taiwan and Japan have done the same. So contrary to what the NTF-WPS is saying, China’s use of water cannons is not contrary to international law. Stop the drama and theatrics.

Former presidential spokesman Attorney Harry Roque revealed yesterday that during the administration of former President Rodrigo Duterte, the Philippines and China had a “gentleman’s agreement” that the Philippines would only bring humanitarian materials in their resupply missions to the BRP Sierra Madre at Ayungin Shoal. Did we Filipinos hear about ‘water cannoning incidents’ every other week during the Duterte administration? We need to return to the status quo as soon as possible lest we end up in a war. I do not want to see any more videos on social media of Filipino servicemen with blood on their heads because their superiors at the National Security Council and Coast Guard think pragmatism is tantamount to treason. This is why I support Davao del Norte 1st District Representative Pantaleon Alvarez in calling for Marcos Jr. to RESIGN as President because he has now brought us “to the frontlines like World War 2”.

“I respectfully call for our President Ferdinand Marcos Jr. to stop making decisions and actions that will further escalate the tensions between the Philippines and China. Realistically speaking, we cannot compete with China in terms of military strength…I will advise the President…by voluntarily resigning from his position and turn over the functions of the presidency to the duly elected Vice President in the person of VP Sara Duterte. It would be better and wiser if we focus our efforts for poverty alleviation, and support services to increase production and the GDP. We have to address the primary societal issues of our country before anything else. We are even having problems with the rising and recurring illegal drugs issue and hunger and yet we are so preoccupied with the ruckus in WPS (West Philippine Sea). Our present government is not setting its sight straight.”

Congressman Alvarez is on point. Many commentators have pointed out that this administration is conducting a “diversionary foreign policy”. Meralco’s profits are up by 37% in 2023 while the Filipino people are suffering endless blackouts and expensive monthly electricity bills, yet all you hear about reported in the mainstream media these days is the disputed South China Sea.

The top concern for 70% of Filipinos is the rising cost of goods. We need leadership that does not keep traveling around the world and is actually focused on the welfare of Luzon, Visayas, and Mindanao. VP Sara (for now) cannot and should not comment on what is happening in Ayungin Shoal because she is not the President, the chief architect of foreign policy. Commenting on the sea disputes is not part of her mandate as Education Secretary. Her opposition knows this but they have to ride the “hate China” train as it is popular among the masses.

The timing of these water cannoning incidents is also suspicious. U.S. four-star Air Force General Mike Minihan had predicted last year that a US war with China over Taiwan would happen by 2025, which is only 9 months away. EDCA (Enhanced Defense Cooperation Agreement), signed during the Aquino administration and expanded by Marcos Jr., which grants the US access to 9 Philippine military bases (2 in Cagayan, 1 in Isabela, 1 in Cebu, 2 in Palawan, 1 in Nueva Ecija, 1 in Cagayan de Oro, & 1 in Pampanga) to stockpile military equipment and station military personnel, is set to expire next month. (lease is 10 years from 2014). Wow, many Filipinos do not even have three meals a day but the government wants them to fight a war for “Taiwan independence” which is none of our business?

Am I crazy for thinking the government is intentionally provoking these incidents so they could justify the presence of the US bases? Come on, media reporters are always there ready with sophisticated camera equipment to document these events? President Marcos Jr. said last May that the US EDCA bases were here to enhance disaster response. Only a stupid person would believe that foreign military bases with drones and missiles are there for typhoons. US Ambassador to the Philippines Marykay Carlson confirmed earlier this month that our Mutual Defense Treaty with the US cannot be automatically activated against China. The US will not risk a nuclear war with China, their largest trading partner, for a 72 year old treaty with a small country like us over a rusting dilapidated ship on a shoal underwater during high tide. The MDT does not cover the Spratlys. (disputed not just by rival China, but by their ally Taiwan, trading partner Vietnam, and Malaysia) No to war. Let Sara Lead!

   

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