China has no right to detain foreigners in South China Sea without trial: NSC
China has no right to detain foreigners in parts of the South China Sea which it claims without trial, the National Security Council (NSC) said Monday.
NSC Assistant Director General Jonathan Malaya said this in response to China’s new policy which allows its coast guards to detain foreigners that it deems as trespassing its waters for up to 60 days without trial.
According to an article in the South China Morning Post, it will be implemented starting June 15.
“The new Chinese coastal regulations are contrary to international law, UNCLOS (United Nations Convention on the Law of the Sea), and the UN charter. China has no sovereignty in the high seas and therefore, has no right to arrest, detain or expel any person in the South China Sea without trial,” Malaya said at a press briefing.
He stressed that regulation could not apply to exclusive economic zone (EEZ) of coastal states like the Philippines, Vietnam, Malaysia, Brunei, and Indonesia since the 2016 arbitral ruling nullified China’s sweeping claim over the South China Sea.
Malaya said that this new policy is “nothing more than part of China's scare tactics to intimidate and coerce its Asian neighbors.”
“It is provocative, escalatory, and increases the tensions in the South China Sea,” he added.
He said the country will not be intimidated or coerced by these tactics and will continue to fish in the waters.
Malaya also urged fellow claimant states to ignore China’s new policy.
“We call on all maritime states, particularly our neighbors in Vietnam, Malaysia, Brunei, and Indonesia, to ignore these illegal regulations and sail in these waters to the extent that International law allows. By doing so, we register our strong objections to the illegal regulations, which clearly infringes on the rights of other states,” Malaya said.
Malaya said the government does not plan to ask the Chinese government to clarify its new coast guard policy since it could be seen as acknowledging it.
“As far as the National Security Council is concerned, the mere fact that we are going to ask them to clarify is an acquiescence or recognition of such regulation. So I don’t think it is in our interest to expressly ask for clarification,” Malaya said.
For his part, Philippine Coast Guard (PCG) Spokesperson on the West Philippine Sea Commodore Jay Tarriela said that the policy was only an “empty threat” to discourage civilian movements in the waters.
He underscored that the policy was announced on the same day that the Atin Ito Coalition declared that their second civilian supply mission to the West Philippine Sea was successful in providing food and fuel supplies to Filipino fishermen.
“This only means one thing, this regulation the Chinese have publicized is an empty threat. They want to discourage civil society movement, not just here in the Philippines, but across the region,” Tarriela said.
“You know, the Chinese government even overreacted with this type of civil society Atin Ito Coalition last time. They even sent 10 China Coast Guard vessels, more than 20 Chinese Maritime Militia vessels, and one PLA (People’s Liberation Army) Navy warship. So it means that it's really a headache for them,” he added. Jaspearl Tan/DMS
