Weekly Bulletin 5/5-11/5

Activities of the Claimants

China

5 Chinese vessels deployed near shoal

China has deployed five vessels – a survey ship, a frigate and three surveillance vessels – close to Co May Shoal in the South China Sea. A Philippine Air Force (PAF) Nomad plane saw the Chinese deployment while delivering provisions to the Marine troops on the BRP Sierra Madre at Co May Shoal. The Chinese vessels include two surveillance ships with Bow No. 3111 and 3102; XiangYonghong 10, a survey ship; a Jianghu-V Class frigate, and one unmarked white ship.

China’s response to recent developments in the South China Sea

In a press conference on May 5^th, regarding the joint military drill between the U.S. and the Philippines, Chinese Foreign Ministry Spokesperson Hua Chunying said that “China has expressed its position on the Philippine-American alliance and their joint military drills on many occasions. We believe that peace and stability in the Asia-Pacific serves the interests of all parties in the region and calls for their dedication. We hope that relevant actions carried out by the Philippines and the US aim for that goal and help promote mutual trust among regional countries, as well as peace and stability of the region.” On May 7^th, she criticized U.S. comments on drilling in South China Sea, saying that Chinese drilling in the South China Sea has nothing to do with the United States, and the country has no right to make irresponsible remarks about China's sovereign rights. In a press conference on May 9^th, she countined to blame the U.S. for stoking tensions in the disputed South China Sea by encouraging countries to engage in dangerous behaviour, following an uptick in tensions between China and both the Philippines and Vietnam. "It must be pointed out that the recent series of irresponsible and wrong comments from the United States which neglect the facts about the relevant waters have encouraged certain countries' dangerous and provocative behaviour, we urge the United States to act in accordance with maintaining the broader picture of regional peace and security, and act and speak cautiously on the relevant issue, stop making irresponsible remarks and do more to maintain regional peace and stability”. Concerning ASEAN’s statement on the issue of the South China Sea, Chinese Foreign Ministry Spokesperson Hua Chunying on May 10^th stated that “the issue of the South China Sea is not one between China and ASEAN. China is opposed to certain country's scheme of spoiling the atmosphere of friendly cooperation between China and ASEAN by making use of the issue of the South China Sea. China is ready to press ahead with the comprehensive and effective implementation of the Declaration on the Conduct of Parties in the South China Sea (DOC) together with ASEAN countries, so as to safeguard peace and stability of the region. China also hopes that relevant ASEAN countries can earnestly respect and implement the DOC and make positive contributions to peace, stability and maritime security in the South China Sea.”

China blames Vietnam for sea collisions

In a hastily-arranged press briefing, Yi Xianliang, deputy director-general of the Ministry of Foreign Affairs' Department of Boundary and Ocean Affairs, said China had only sent civilian vessels to the area while Hanoi sent several armed ships. "Our aim, our only aim, is to guarantee our reasonable, legal, normal drilling operations," Yi said, adding China had no choice but to increase its security measures in response to what he said was Vietnam's provocations. According to Yi, "We [China] stand ready to discuss with Vietnam on relevant issues on the basis of consultation. But the precondition is that Vietnam must put an end to the disruption of Chinese operations, and must remove its vessels and personnel at the scene. We believe if these preconditions are met, then we may be able to find a solution." On the same day, on the sidelines of a forum in Beijing, Chinese Vice Foreign Minister Cheng Guoping said no "clash" had taken place since the dispute erupted at the weekend. "I don't believe there was a clash. I think this was a difference of opinion on some disputes. The area in dispute is Chinese territory and of course we will maintain the country's core interests and defend our sovereignty. Vietnam should know this," Cheng said, adding that the two countries can resolve disputes through "peaceful talks". Previously, in the afternoon of May 6^th, when holding telephone talks with Deputy Prime Minister and Foreign Minister Pham Binh Minh of Vietnam, Chinese State Councilor Yang Jiechi urged the Vietnamese side to stop interfering in the operation of Chinese enterprises in waters off Hoang Sa Islands (China calls it Xisha Islands), refuted all the wrong words of the Vietnamese side.

Vietnam

Vietnam demands China withdraw from territorial waters

Vietnamese Deputy Prime Minister Pham Binh Minh spoke on the phone with Chinese State Councillor Yang Jiechi on the afternoon of May 6^th on China’s drilling rig HYSY-981 and its ships operating in Vietnam’s waters. During the talks, the Deputy PM, who is also the Vietnamese Foreign Minister, stressed that China’s unilateral bringing of the rig and a large number of vessels, including military ships, to operate in oil and gas Lot 143 on Vietnam’s continental shelf since May 1is illegal and runs counter to international law and practice. He said that the move had seriously violated Vietnam’s sovereignty over the Hoang Sa (Paracel) archipelago and its sovereign right and jurisdiction over the country’s exclusive economic zone and continental shelf. He added that the act also negatively impacts political trust and cooperation between the two countries and hurts the Vietnamese people. Vietnam will take all suitable and necessary measures to safeguard its legitimate rights and interests, he said. Earlier on May 4^th, Deputy Foreign Minister and head of the Vietnamese Government negotiation delegation on border and territory Ho Xuan Son discussed the issue over the phone with his Chinese counterpart Liu Zhenmin. The same day, representatives from the Foreign Ministry met representatives of the Chinese Embassy in Hanoi and handed over a ministerial diplomatic note to the Chinese Foreign Ministry.

China’s oil rig violates Vietnam’s sovereignty

China has positioned an oil rig together with many escort vessels deep into Vietnam’s continental shelf, violating Vietnam’s sovereignty, Vietnamese officials informed the media at an international press conference on May 7^th. At the conference, Vice Commander and Chief of Staff of the Vietnam Coast Guard Ngo Ngoc Thu, said that on May 1^st, Vietnamese agencies detected the Hai Yang Shi You 981 deep sea rig of China escorted by three oil and gas service vessels moving from the northeastern area of Tri Ton Island in Vietnam’s Hoang Sa (Paracel) archipelago to the south. At 16pm on May 2^nd, the rig was floating at 15 degrees 29 minutes 58 seconds north latitude and 111 degrees 12 minutes 06 seconds east longitude, to the south of Tri Ton Island. The location was 80 nautical miles deep in Vietnam’s continental shelf and was 119 nautical miles to Vietnam’s Ly Son Island and 130 nautical miles to its coast. According to Deputy Director of the National Boundary Commission Tran Duy Hai, China has so far deployed many vessels, up to 80 at peak time, of various kinds, including seven military ships backed by 33 boats of marine police, marine surveillance force and fishery administration force, as well as transport and fishing vessels. In addition, dozens of Chinese plane are operating daily on the area. A flotilla of armed fishing boats and military ships are prowling 50-60 nautical miles from Ly Son island. Hai said that when Vietnam’s law enforcement ships arrived to stop the illegal intrusion of the Chinese side, Chinese ships aggressively fired water cannon at and even rammed at Vietnamese vessels, damaging Vietnam’s coast guard vessels and injuring crew members. On May 9^th, Vietnamese Maj. Gen. Nguyen Quang Dam said China has so far deployed 79 vessels of various kinds to the area, including three military ships, backed by law enforcement, transport, and oil and gas boats, and dozens of fleets of planes prowling above. They even intentionally rammed and fired water cannon into Vietnamese law enforcement boats, especially those of the coast guard and fisheries administration, leaving them damaged and their crewmembers injured. Also, Vietnam Bar Federation, Vietnam Petroleum Institute, Vietnam Peace Committee, Vietnam Journalists Association, severely condemned the aggressive actions of China.

Video : Coast Guard Vietnam, China clash in South China Sea - 7 May 2014

Vietnamese leader urges ASEAN to strengthen solidarity over East Sea issue

Vietnamese Prime Minister Nguyen Tan Dung has called on ASEAN countries to strengthen solidarity and strongly reaffirm the principles stated in the Six-Point Principles on the East Sea at the 24th ASEAN Summit in Nay Pyi Taw, Myanmar. The PM said the association should request China to abide by international law, particularly the 1982 United Nations Convention on the Law of the Sea (UNCLOS), respecting coastal state’s sovereignty over continental shelf and 200-nautical-mile exclusive economic zone. China should fully and strictly implement the Declaration on the Conduct of Parties in the East Sea and work with ASEAN to build a Code of Conduct in the East Sea, he stressed. 

The U.S.

U.S. criticizes Chinese oil rig move

The United States on May 6^th sharply criticized the movement of a huge Chinese oil rig that Vietnam says has entered its waters, the latest show of Beijing's growing assertiveness to raise alarm among smaller countries in the region. "Given the recent history of tensions in the South China Sea, China's decision to operate its oil rig in disputed waters is provocative and unhelpful to the maintenance of peace and stability in the region. These events point to the need for claimants to clarify their claims in accordance with international law, and reach an agreement ... about what types of activities should be permissible within disputed areas," U.S. State Department spokeswoman Jen Psaki said. On May 7^th, regarding dangerous conduct and intimidation in the South China Sea after reports of a Chinese vessel ramming Vietnamese ships, she stated that "We [the U.S.] are strongly concerned about dangerous conduct and intimidation by vessels in the disputed area. We call on all parties to conduct themselves in a safe and appropriate manner, exercise restraint, and address competing sovereignty claims peacefully, diplomatically, and in accordance with international law." In a press statement on the same day, U.S. Department of State also critized Chinese unilateral actions as “part of a broader pattern of Chinese behavior to advance its claims over disputed territory in a manner that undermines peace and stability in the region.” Countinuosly, in a press conference on May 8^th, Jen Psaki stated that “It’s not for us to decide which position is stronger, but at the same time we believe that all sides should operate in a way that reduces tensions. And what we’ve seen – and obviously this is what we’ve spoken to – is that the unilateral decision by China to introduce its oil rig into these disputed waters, the dangerous conduct and intimidation by the vessels is concerning and certainly is representative of provocative actions.” On the same day,  the U.S. State Department once again expressed concerns regarding China's recent actions in the South China Sea, blaming the country for the current tension. China's deployment of a drilling rig in Vietnam's waters is a provocative and dangerous act that leads to tensions climbing in the South China Sea, Marie Harf, US State vice spokeswoman told reporters at the press centre in Washington. She stressed that all sovereign claims must be based on international law.

U.S. lawmakers call Chinese actions in South China Sea 'troubling'

U.S. Senator John McCain on May 7^th released a statement on the latest reports regarding the escalating conflict between China and Vietnam over a Chinese oil rig near the Paracel Islands, critizing China for stoking tensions in the South China Sea. “China’s decision to begin drilling for oil off the coast of Vietnam, and its deployment of dozens of naval vessels to support that provocative action, is deeply concerning and serves only to escalate tensions in the South China Sea.  Chinese ships have swarmed and rammed Vietnamese Sea Guard vessels in yet another instance of aggressive maritime harassment. There should be no doubt that China bears full responsibility for this unilateral attempt to change the status quo. “These Chinese actions rest on territorial claims that have no basis in international law. In fact, China’s drilling is occurring squarely within Vietnam’s Exclusive Economic Zone, as defined clearly under international law. It is incumbent upon on all responsible nations to insist that China’s leaders take immediate steps to deescalate tensions and revert to the status quo ante.” On May 8^th, U.S. Ranking Member Eni Faleomavaega of the House Foreign Affairs Subcommittee on Asia and the Pacific also strongly condemns China for violating Vietnam’s sovereignty in the South China Sea and calls upon the U.S. to issue a clear and decisive statement of response. “I call upon the State Department to issue a more clear, definitive and concise statement than this.  Once more, as Senator McCain stated, China’s claims have no basis in international law, and the U.S. State Department should not shirk from saying so.  I join with Senator McCain in calling upon China’s leaders to take immediate steps to de-escalate tensions, and I call upon the U.S. to lead the way.  For historical purposes, I have entered a statement in the Congressional Record with supporting documentation so that there is no dispute about the facts or about where I stand,” Faleomavaega said in his statement. On May 9^th, Representative Eliot L. Engel, the leading Democrat on the House Foreign Affairs Committee, also made a statement about China’s dispute with Vietnam in the South China Sea: “Chinese drilling and intimidation of Vietnamese vessels near the Paracel islands are needless provocations that threaten peace and stability across the region. China’s behavior is clearly adversarial. If there are differences about what activities are permissible in disputed waters, the Chinese and Vietnamese governments need to engage each other face-to-face. This won’t be resolved by spokespeople talking past each other or reckless behavior on the high seas. As a Pacific power, the United States has an interest in ensuring the South China Sea remains secure, stable, and peaceful for all the players in the region.” On the same day, bipartisan group of senators called recent actions by Chinese ships in the South China Sea “deeply troubling,” and urged their colleagues to pass a senate resolution reaffirming support of the U.S. government for freedom of navigation in the Asia-Pacific region and for the peaceful diplomatic resolution of outstanding territorial and maritime disputes. The statement was issued by the co-sponsors of Senate Resolution 412, Senators Robert Menendez (D-NJ), Marco Rubio (R-FL), Ben Cardin (D-MD), Jim Risch (R-ID), and John McCain (R-AZ) – all members of the Senate Foreign Relations Committee – and Senator Patrick Leahy (D-VT). “China’s recent movement of an oil drilling rig escorted by military and other ships into disputed waters in the South China Sea off the coast of Vietnam -- and the subsequent aggressive tactics used by Chinese ships, including the ramming of Vietnamese ships – is deeply  troubling. These actions threaten the free flow of global commerce in a vital region. We urge the administration to make clear to China at the highest levels that territorial claims and disputes must be resolved peacefully, diplomatically and consistent with international law. Unilateral attempts to change the status quo or the use of force, coercion and intimidation are unacceptable and will only lead to instability.”

US calls for restraint in East Sea

The US opposes all actions aimed at changing the status quo and affecting freedom, security and safety and is against acts of using forces and threats to use force in sovereignty disputes, a national official has said. Assistant Secretary of State for East Asian and Pacific Affairs Daniel Russel made the statement at his meeting with Deputy Prime Minister Pham Binh Minh in Hanoi on May 8 when touching upon the ongoing issues in the East Sea. The official called on concerned parties to exercise restraint and settle the issue through diplomatic measures on the basis of international law. Russel also reiterated a US State Department spokesman’s statement relating to China’s deployment of its Hai Yang Shi You 981 oil drilling rig in Vietnam’s waters, which voiced concern over the ‘provocative’ behaviour.

The Philippines

Philippines draws up defense plan against China

The Philippine military has drawn up a 4-year plan to beef up its security fence in the South China Sea to deter China from occupying more features, including those in the energy resource-rich areas in the disputed sea, a senior military official told Kyodo News on May 13^th. The move is to protect the Philippines' "national interests" in the wake of China's "increasing poaching activities within the Philippines' exclusive economic zones, harassment of Filipino fishermen and increased presence of Chinese vessels and aircraft in the disputed sea," according to an official, who spoke on condition of anonymity because he is not authorized to speak to the media.

Tensions surge in S. China Sea as Philippines seizes Chinese boat

Philippines police seized a Chinese fishing boat in the disputed South China Sea on May 7^th, an official told Reuters, the latest flare-up of tensions in the oil and gas-rich waters that are claimed wholly or in part by six Asian nations. Chief Superintendent Niel Vargas of the Philippine National Police Maritime Group said a maritime police patrol apprehended a Chinese fishing boat around 7 a.m. on May 6^th off Trang Khuyet Shoal (Half Moon Shoal). The boat has 11 crew and police found about 500 turtles in the vessel, some of which were already dead, he said, adding that a Philippine boat with crew was also seized, and found to have 40 turtles on board. Several species of sea turtles are protected under Philippine law. Later, in a press conference on May 7^th, Foreign Ministry Spokesperson Hua Chunying said that “The Chinese Foreign Ministry and the Chinese Embassy in the Philippines have lodged representations with the Philippine side, asking for rational explanation and an immediate release of the Chinese boat and its crew. We warn the Philippine side against taking any further provocative actions.” On May 9^th, Hua countinuosly stated that “Actions taken by the Philippine side against Chinese fishermen are illegal and invalid. We urge once again the Philippine side to release unconditionally the Chinese boat and its crew, protect the safety and property of Chinese citizens and refrain from taking similar actions in the future.” However, the Philippines ignored China demand to free fishermen. Philippine national police chief Alan Purisima said the fishermen will be investigated by an inter-agency committee to determine if they committed any crimes, including illegal entry and catching an endangered species.