10 yrs after South China Sea ruling, Filipino fishermen still driven from Scarborough Shoal

Fifty-two-year-old Rolando Fuentes had been a fisherman all his life. Born and raised in a coastal village in Masinloc, Zambales, all he had ever known was how to make a living from the sea.

But it had been more than five years since their last trip to traditional fishing ground called Scarborough Shoal 220 kilometers off their village. In that last trip, they were chased by Chinese naval militia with water cannons until they were forced to turn back with no fish in their boat’s holds.

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“I suffer severe trauma since then,” the Filipino fisherman told Khaleej Times. “We also lost $4,000 (Dh14,600) worth of fuel and supply that day and returned with nothing,” he added.

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Fuentes had since been laid off by their boat’s owner and now subsists on small-time fishing close to his village. “Before the Chinese barricade of Scarborough, we used to give away fish to our neighbors every time we return. Now, I am personally neck-deep in debt,” he noted.

Legal victory

Ten years ago, however, on July 12, 2016, the Philippines scored a legal victory that affirmed its sovereign rights and maritime entitlements within its exclusive economic zone EEZ under the United Nations Convention on the Law of the Sea (UNCLOS). The international maritime tribunal based in The Hague in The Netherlands clarified that China's expansive claim has no legal basis under international law.

Scarborough Shoal is well within the 370-kilometer exclusive economic zone (EEZ) of the Philippines from mainland Luzon Island. The shoal’s many underwater geological features and coral gardens are ideal spawning grounds for all types of marine life. Fuentes recalled no one returns from Scarborough Shoal with an empty boat.

Scarborough Shoal is 875 kilometers from mainland China, yet Beijing regularly sends warships, coast guard vessels, and hundreds of supposedly civilian fishing boats to the area to prevent Filipino fishermen from practicing a trade they have relied on for generations, Fuentes added.

Respect the arbitral award

Professor Roland Simbulan of the Center for People Empowerment in Governance (CENPEG)  stressed that China must respect the arbitral award and refrain from actions that violate Philippine sovereign rights.

Simbulan, however, cautioned against interventions by rival powers in the region, such as increased US military presence in the Philippines that may draw the country into a costly conflict between the superpowers.

"The arbitral ruling belongs to the Filipino people. It is neither a diplomatic trophy to be appropriated by Washington nor an excuse for Beijing to ignore international law," asserted Simbulan, adding: "The Philippines must reject any attempt by external powers to use our legitimate maritime dispute as a pretext for expanding their military footprint or advancing their geopolitical agenda."

Filipino authorities say China is claiming nearly 90 per cent of the entire South China Sea through its nine-dash line demarcation, encroaching on boundaries and EEZ of not only the Philippines but also of other Southeast Asian countries such as Vietnam, Malaysia, Brunei and Indonesia.

China justifies its nine-dash line by claiming so-called historic rights to the waters, islands, and resources within the South China Sea. Beijing argues its sovereignty in the area predates modern treaties, pointing to centuries of Chinese presence in the maritime zone.

Fuentes noted since the Philippines has one of the weakest navies in the region, it is in its territorial waters that Chinese vessels are most present. The regional giant even built artificial islands in the territory that serve as forward military bases to assert its claims. Meanwhile, fishermen like him are chased, harassed, and even injured, preventing them from fishing. In Zambales province alone, alleged Chinese aggression has reportedly pushed an estimated 15,000 families into poverty.

Fuentes said he fears for the future of his children while the Philippines remains seemingly powerless to assert its rights. “I call on our president to do something about our situation. I wish for my children to be able to fish in Scarborough even when I am already gone,” he said.

He also called on China to stop its claims on traditional Filipino fishing grounds.

Strengthen economy

Simbulan, meanwhile, called on the Philippine government to strengthen its economy so that it can build its own credible external defense capability like its Southeast Asian neighbors. “[This is] so that we are not held hostage by other big powers which will only compromise our national security as its pawn and forward base,” the geo-political analyst said.

"As we commemorate this landmark victory, let us remember that genuine sovereignty means not only defending our seas but also preserving our freedom to determine our own destiny. The Philippines should be a bridge for peace in the region—not a launching pad for conflict," Simbulan underlined.