Rodrigo Duterte backflips on Chinese fishing in Philippine waters, insisting exclusive rights will not be waived

The Philippines will not waive its rights to exclusive waters in the South China Sea, President Rodrigo Duterte said on Thursday, reversing his earlier stance allowing Chinese fishing, which some officials said was unconstitutional.

“The president will not relinquish our sovereign rights over our country’s exclusive economic zone [EEZ],” Duterte’s spokesman Salvador Panelo said in a statement on Thursday, adding the president’s decisions are in accordance with the constitution.

Duterte also spoke to other Southeast Asian leaders at the weekend Asean summit about “the dangers of China’s vague demarcation line claim” and the need for Beijing to adopt a code of conduct in the disputed sea, Panelo said.

The Philippine leader, in a speech on Wednesday night, said he was unable to stop China from fishing in his country’s exclusive waters even if he wants to, claiming that this will only result in a confrontation.

“If I want to prohibit Chinese fishing, how do I enforce my desire? Even America won’t do so out of fear of confrontation there,” Duterte said.

On Wednesday, Panelo said Duterte had decided to give China this “privilege” out of friendship, and because of funding and trade relations extended by Beijing to his government.

“We have negotiations with China that will help develop our country. We are benefiting from them, so maybe what the president wants is that we also give a little of what’s ours,” Panelo said.

Duterte’s comments have sparked outrage among Filipinos who feel their tough-talking leader’s friendly ties with Beijing is compromising the country’s sovereignty.

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High Court judge Antonio Carpio was among those who challenged Duterte’s authority to cede exclusive economic rights.

“No government official can waive this sovereign right of the Filipino people without their consent,” Carpio said.

Philippine Vice-President Leni Robredo said allowing Chinese fishermen access to the Philippines’ EEZ would violate the constitution.

“The law states a very specific provision,” she said. “The exclusive economic zone is for the exclusive use and enjoyment of Filipino people. When you say you allow those not Filipino to fish there, it’s a violation to the constitution.”

Ephraim Cortez, secretary general of the National Union of People’s Lawyers, agreed.

“It’s surrendering our exercise of control in our EEZ. Allowing the Chinese to fish in our waters will give competition to our own fishermen,” he said, adding that although impeachment would be futile given Duterte’s leverage in both houses of parliament.

Maritime law expert Jay Batongbacal also said it was possible to impeach Duterte for allowing Chinese vessels within the country’s EEZ, according to ABS CBN News. All resources in the EEZ should only be for Filipinos, said Batongbacal, the director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea.

“If you allow Chinese fishers there, that’s dereliction of duty. The duty of the chief executive is to implement and enforce the law,” he said.

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Gloria Estenzo Ramos, vice-president of Oceana, an NGO focused on marine conservation, said Chinese intrusion would diminish the local catch.

“It is truly sad that plunder in our ocean continues due to greed of commercial fishing operators, whether Filipino, Chinese or otherwise,” she said.

Earlier this month, a Philippine fishing boat was hit in the disputed South China Sea by a Chinese vessel that then abandoned the 22 fishermen as their boat sank.

Duterte played down the incident, saying: “It’s just a collision, do not make it worse.”

However, Philippine Defence Secretary Delfin Lorenzana called for a strongly worded diplomatic protest, insisting: “This is not the expected action from a responsible and friendly people.”

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