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FACT CHECK NED FC South China Sea: Waters of Contention

VERA FILES FACT CHECK: China’s foreign ministry spokesman falsely claims Ayungin Shoal is part of China

The Ren’ai Reef (Ayungin Shoal) is part of China’s Nansha Islands.

False

Ayungin Shoal, internationally known as Second Thomas Shoal and Ren’ai Reef by China, is part of the 200-nautical-mile exclusive economic zone (EEZ) and continental shelf of the Philippines, according to the July 12, 2016 decision of an ad-hoc tribunal under the Permanent Court of Arbitration (PCA).

Wang Wenbin, spokesperson of China’s Ministry of Foreign Affairs, inaccurately claimed that Ren’ai Reef (known as Ayungin Shoal in the Philippines) is part of China.

STATEMENT

During a Feb. 13 press conference in Beijing, Wang was asked about the Feb. 6 incident involving a China Coast Guard (CCG) ship pointing a military-grade laser at a vessel of the Philippine Coast Guard (PCG) in Ayungin Shoal.

He responded:

The Ren’ai Reef is part of China’s Nansha Islands. On February 6, a Philippine Coast Guard vessel intruded into the waters off the Ren’ai Reef without Chinese permission. In accordance with China’s domestic law and international law, including the United Nations Convention on the Law of the Sea (UNCLOS), the China Coast Guard ship upheld China’s sovereignty and maritime order and acted in a professional and restrained way.”

 

Source: China Ministry of Foreign Affairs official website, Foreign Ministry Spokesperson Wang Wenbin’s Regular Press Conference on February 13, 2023 (official transcript) (archive), Feb. 13, 2023

The spokesperson added:

“We hope the Philippine side will respect China’s territorial sovereignty and maritime rights and interests in the South China Sea and avoid taking any actions that may exacerbate disputes and complicate the situation. China and the Philippines are in communication on this through diplomatic channels.”

 

Source: China Ministry of Foreign Affairs official website, Foreign Ministry Spokesperson Wang Wenbin’s Regular Press Conference on February 13, 2023 (official transcript) (archive), Feb. 13, 2023

 

FACT

Ayungin Shoal, internationally known as Second Thomas Shoal and called Ren’ai Reef by China, is part of the 200-nautical-mile exclusive economic zone (EEZ) and continental shelf of the Philippines, according to the July 12, 2016 decision of the Permanent Court of Arbitration (PCA).

The tribunal also clarified that “there is no entitlement to an exclusive economic zone or continental shelf generated by any feature claimed by China that would overlap the entitlements of the Philippines in the area of Mischief Reef and Second Thomas Shoal.”

In its ruling, the tribunal described Ayungin Shoal as a low-tide elevation (LTE) in the South China Sea that does not generate entitlements to a territorial sea, EEZ, or continental shelf. It said LTEs are “not features that are capable of appropriation” by any country.

The UNCLOS defines an LTE as a naturally formed area of land surrounded by and above water at low tide but submerged during high tide.

In rendering its “final and binding” decision, the tribunal said China had violated the Philippines’ sovereign rights in its EEZ by interfering with the latter’s fishing and oil exploration and failing to prevent Chinese fisherfolk from operating in areas such as Ayungin Shoal, among others. It also invalidated China’s expansive nine-dash line claim covering almost the entire South China Sea, which includes the West Philippine Sea.

The Philippines filed the arbitration case against China in January 2013, seven months after a standoff that lasted two months between the two countries over the disputed Scarborough Shoal (locally called Panatag Shoal or Bajo de Masinloc), a traditional fishing ground located in the South China Sea.

The country considers the arbitral decision a reaffirmation of its claims but China continues to reject it. The award covers only sovereign rights based on the definition of the features in the area, not the issue of sovereignty or territory.

(Read VERA FILES FACT SHEET: Anim na maling kuro-kuro tungkol sa arbitral award ng Pilipinas sa South China Sea)

BACKSTORY

In a Feb. 13 statement, the PCG reported that on Feb. 6 a Chinese coast guard vessel with bow number 5205 flashed a military-grade laser light twice at its ship BRP Malapascua which was supporting a rotation and resupply mission of the Philippine Navy in Ayungin Shoal. The PCG said the incident caused temporary blindness to members of the BRP Malapascua crew.

“The deliberate blocking of the Philippine government ships to deliver food and supplies to our military personnel on board the BRP Sierra Madre is a blatant disregard for, and a clear violation of, Philippine sovereign rights in this part of the West Philippine Sea,” the PCG said.

The incident prompted the Department of Foreign Affairs to issue a diplomatic protest to China on Feb. 14, noting that the Chinese ship also approached BRP Malapascua in “dangerous maneuvers” that risked a collision and issued “illegal radio challenges” demanding that the PCG vessel leave the area.

 

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Sources

China Ministry of Foreign Affairs official website, Foreign Ministry Spokesperson Wang Wenbin’s Regular Press Conference on February 13, 2023 (official transcript) (archive), Feb. 13, 2023

Philippine Coast Guard official Facebook page, PCG STATEMENT ON CHINESE VESSEL USING LASER AT PCG SHIP IN AYUNGIN (archive), Feb. 13, 2023

Permanent Court of Arbitration official website, Decision on the Philippines v. China regarding the South China Sea, July 12, 2016

United Nations official website, United Nations Convention on the Law of the Sea, Accessed Feb. 14, 2023

Official Gazette official website, Philippine position on Bajo de Masinloc (Scarborough Shoal) and the waters within its vicinity, April 18, 2012

Inquirer.net, What Went Before: Panatag Shoal standoff, April 21, 2021

Reuters, Philippines pulls ships from disputed shoal due to weather, June 16, 2012

GMA News Online, A year after Panatag stand-off, shoal firmly controlled by China, April 23, 2013

Department of Foreign Affairs official website, PH PROTESTS CN COAST GUARD USE OF MILITARY-GRADE LASER, DANGEROUS MANEUVERS AGAINST PCG NEAR AYUNGIN, Feb. 14, 2023

 

(Guided by the code of principles of the International Fact-Checking Network at Poynter, VERA Files tracks the false claims, flip-flops, misleading statements of public officials and figures, and debunks them with factual evidence. Find out more about this initiative and our methodology.)