China Coast Guard Empowered to Detain ‘Trespassers’ in South China Sea — Report
China has issued a new regulation that empowers its coast guard to detain foreigners who are considered to be trespassing in the South China Sea. This move follows a Philippine civilian mission to the West Philippine Sea (WPS), which concluded on Frid…
China has issued a new regulation that empowers its coast guard to detain foreigners who are considered to be trespassing in the South China Sea. This move follows a Philippine civilian mission to the West Philippine Sea (WPS), which concluded on Friday.
New Regulation Details
According to a report by the South China Morning Post, the China Coast Guard (CCG) will be able to detain foreigners suspected of illegally crossing China's borders for up to 60 days without trial. This regulatory document from Beijing is set to take effect in June.
GMA News Online has sought a comment from the Chinese Embassy in Manila regarding the new regulation but has not yet received a response.
Overlapping Claims and Tensions
China's extensive claims over most of the South China Sea overlap with the West Philippine Sea, which includes the Scarborough Shoal (Bajo de Masinloc). This area, located 124 nautical miles west of Zambales, lies within the Philippines' 200-nautical mile exclusive economic zone (EEZ).
Philippine Coast Guard (PCG) spokesperson for the WPS, Commodore Jay Tarriela, labeled China's new directive as illegal. "These are things that we can say are illegal actions again by China," Tarriela said. He emphasized that China's claims based on its nine-dash line are not justified under international law.
Regional and International Implications
Tarriela expressed skepticism about China's intention to arrest civilians, noting that such actions would likely draw criticism from other affected countries, including Vietnam, Malaysia, and Indonesia. He also mentioned that any arrests of civilians within the Philippines' EEZ could be considered harassment under the 1982 United Nations Convention on the Law of the Sea (UNCLOS), which grants sovereign rights to the Philippines over these waters.
"China does not have those sovereign rights to justify the supposed arrest of our Filipino fishermen," Tarriela added.
Civilian Mission and China's Response
The regulation came to light after the 100-boat Philippine civilian flotilla, organized by the Atin Ito coalition, completed its mission to the WPS. Chinese vessels blockaded Scarborough Shoal ahead of the mission, which organizers declared a "mission accomplished."
Tarriela described China's latest move as a scare tactic to discourage future civilian missions in the disputed waters.
Political Reactions
House Deputy Minority Leader and ACT Teachers party-list lawmaker France Castro condemned China's regulation as illegal. "If any country has a right to arrest foreigners, it is the Philippines," Castro stated.
Senator Jinggoy Estrada expressed his anticipation for the Department of Foreign Affairs to confirm if they had received any official documents regarding the regulation. He reiterated the Philippines' commitment to upholding its rights in the WPS and called for China to respect the rights of other nations operating in these waters.
Historical Context
China claims nearly the entire South China Sea, a crucial maritime route for over $3 trillion in annual trade. These claims overlap with those of the Philippines, Vietnam, Malaysia, and Brunei. In 2016, an international arbitration tribunal in The Hague ruled that China's claims have no legal basis—a decision that Beijing has consistently rejected.
Conclusion
China's new regulation empowering its coast guard to detain foreigners in the South China Sea has sparked significant controversy and concern, particularly in the Philippines. As regional tensions rise, the international community will closely watch how these developments unfold and impact the delicate balance of sovereignty and international law in the contested waters.
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