Manila: Government leaders, scholars, and geo-maritime analysts in the Philippines have criticised a ruling by The Hague-based Permanent Arbitration Court (PAC) that Chinese fishermen and others from claimant countries could continue exercising “traditional fishing rights” on a shoal near central Luzon.
The court ruled that the area is not part of the Philippines’ exclusive economic zone (EEZ) in the South China Sea.
“The PAC’s ruling reaffirmed past historical fishing rights of fishermen in the Scarborrough Shoal — that it has been common fishing grounds for all fishermen from countries that have claims in the South China Sea,” Temario Rivera of Centre for People Empowerment in Government told Gulf News.
The PAC has also ruled that the Scarborough Shoal, although it is 12 nautical miles away from central Luzon, is not part of the Philippines exclusive economic zone (EEZ), said Rivera, adding the Philippines has “lost its claim of Scarborough Shoal because PAC has declared it ‘commons’ for fishermen from all countries that have claims in the South China Sea.”
In a 15-page summary, the PAC ruling said, “The Tribunal examined traditional fishing at Scarborough Shoal and concluded that fishermen from the Philippines, as well as fishermen from China, and other (claimant) countries had long fished at the shoal and had traditional fishing rights in the area.”
“China had violated its duty to respect traditional fishing rights of Philippine fishermen by halting access (of other fishermen) to the shoal after May 2012,” the ruling said, adding, “The Tribunal would reach the same conclusion with respect to the traditional fishing rights of the Chinese fishermen if the Philippines were to prevent fishing by Chinese nationals at Scarborough Shoal.”
“Because Scarborough Shoal is above water at high tide, it generates an entitlement to a territorial sea, its surrounding waters do not form part of the exclusive economic zone, and traditional fishing rights were not extinguished by the (United Nations) Convention (on the Law of the Sea or UNCLOS),” the PAC said.
Explaining what it means, former Solicitor-General Florin Hilbay said, “The determination of the tribunal is that Scarborough Shoal is composed of rocks. It has a 12 nautical mile territorial zone. (It is a fishing commons because) outside the (rock’s) territorial zone will be the EEZ of the Philippines.”
The Philippines elevated its complaint to the PAC against China’s claim of the entire South China Sea in 2013 following a standoff between Chinese and Philippine vessels off Scarborrough Shoal in mid-2012. Since then, China took over the shoal and prevented Filipino fishermen from getting near the shoal.
Noting what action could be taken by Filipino fishermen now, former Solicitor-General and now Associate Justice Francis Jardeleza said, “Local government units must give guidance to local fishermen. Any untoward incident in the South China Sea must be prevented.”
