Different approaches to swimming in a Chinese lake —Part 2
5. On 21 Jan 2021, Beijing passed a law that
authorizes the Chinese Coast Guard to use “all necessary measures” to prevent foreign organizations and individuals from violating, or posing an “imminent danger” of violating, China’s “sovereignty, sovereign rights, and jurisdictional rights.” This is the first time China has spelled out in law the conditions under which its coast guard can fire weapons on foreign vessels. The new law permits the coast guard to use force under prescribed circumstances to defend China’s “jurisdictional waters” (管辖海域)—a
deliberately ambiguous term that likely
encompasses China’s
ill-defined claims over nearly 80 percent of the waters in the South China Sea.
6. On 7 Mar 2021, 220 boats from China's maritime militia appeared at Julian Felipe Reef ("Julian Felipe" is an alternate name for Whitsun Reef, a "boomerang-shaped" submerged feature at the northeastern tip of Union Banks), an atoll within the Philippines' disputed EEZ claim. After diplomatic protests were issued, the boats dispersed to other atolls at the end of March. Andrew Erickson has explained, China
uses these non-naval vessels for “gray zone operations against vessels from its maritime neighbors, as well as the U.S., at a level designed to frustrate effective response by the other parties involved.” These types of vessels are
deployed to assert and defend China’s expansive maritime claims “more regularly and extensively than its navy.” Erickson and Connor Kennedy have
shown that the China’s
People’s Armed Forces Maritime Militia (PAFMM) , which includes both fishing vessels and purpose-built vessels designed to look like fishing vessels, is organized and commanded by the PLA’s
local military commands. Given the high percentage of incidents involving PAFMM forces, the absence of a CUES-like arrangement for non-naval vessels is a glaring
weakness in the regional maritime safety regime.
7. Duterte's magic with the PRC ambassador didn't work out. The latter assured him that boats won't stay in Whitsun Reef permanently but he didn't promise that the boats won't disperse to other features within the Philippine EEZ and elsewhere . The Chinese embassy in Manila responded to remarks on Chinese incursions by saying that it has taken note of Philippine defense chief Delfin Lorenzana's earlier statement saying Chinese ships must leave the Julian Felipe Reef in the West Philippine Sea because the weather has cleared; and that it was a “perplexing statement” and officials should “avoid any unprofessional remarks which may further fan irrational emotions.” The Chinese embassy in Beijing wouldn’t have made such a statement if President Rodrigo Duterte, as the “chief architect of foreign policy” had shown some spine right at the start of his administration instead of appearing to be grovelling to Beijing.
(a) China, through its Philippine embassy, did not stand down."It is completely normal for Chinese fishing vessels to fish in the waters and take shelter near the reef during rough sea conditions. Nobody has the right to make wanton remarks on such activities," said the embassy spokesperson.
(b) China insisted that the Julian Felipe reef, which it calls Niu'e Jiao, "is part of China's Nansha Islands" and that the waters around it "has been a traditional fishing ground for Chinese fishermen for many years." This is a ironic situation where Foreign Secretary Teodoro Locsin Jr. was being “chummy” during his meeting with Chinese Foreign Minister Wang Yi in China just a day before the defense secretary railed against Chinese presence at the reef. I have zero sympathy for Manila, as they have not stood together with other claimants within ASEAN.
(c)“Once China moves in, it doesn't leave. It might decrease the number. It might play nice for a little while, maybe it ratchets down the tension for short term political gain, but it is unlikely to vacate this reef,” Gregory B. Poling, director of AMTI stressed. Philippine officials are likely worried that the presence of so many PAFMM ships at Whitsun Reef is a prelude to occupation and reclamation.
(d) At this time, no dredging ships have been sighted or reported present yet, only the distinct ‘fishing' vessels that have become a standard and ever-present feature of the contested seascape. This does not warrant complacency, however, as the reclamation of reefs and conversion of artificial islands were always preceded by massive destructive fishing efforts as if to extract whatever valuables there were from the area before burying it with sand and paving it with concrete.
(e) Andrew Erickson speculated that they are “trolling for territory” and warned that if not countered at Whitsun Reef, or elsewhere, the China’s PAFMM vessels could support further territorial seizure akin to what China achieved at Scarborough Shoal in 2012.