By Atty. Howie Calleja
As an 18th Century term and expression, when I say “to raise the red flag” I mean it is high time to signal danger or a problem. Like when a red flag is frequently flown by armed forces to warn the public of live fire exercises in progress, and is sometimes flown by ships carrying munitions; I think these recent incursions is now really upsetting.
As condemned by our Philippine Coast Guard (PCG), China Coast Guard’s (CCG’s) has dangerously maneuvered and illegally used water cannons against the PCG vessels escorting the native boats commissioned by the Armed Forces of the Philippines (AFP) last August 5, 2023. These boats were delivering food, water, fuel and other supplies to our military troops stationed on BRP Sierra Madre in Ayungin Shoal.
To quote the PCG, “such actions by the CCG not only disregarded the safety of the PCG crew and the supply boats but also violated international law, including the 1982 United Nations Convention on the Law of the Sea (UNCLOS), the 1972 Convention on the International Regulations for Preventing Collisions at Sea (COLREGS), and the 2016 Arbitral Award. The PCG calls on the China Coast Guard to restrain its forces, respect the sovereign rights of the Philippines in its exclusive economic zone and continental shelf, refrain from hampering freedom of navigation, and take appropriate actions against the individuals involved in this unlawful incident”.
As such, we should rally behind our Philippine Senate in their Senate Resolution No. (SRN) 718, taking into consideration SRNs 659 and 707, which condemns the continued harassment of Filipino fishermen and the tenacious incursions in the West Philippine Sea (WPS) by the Chinese Coast Guard and militia vessels. I laud Senate President Juan Miguel Zubiri and Senate Deputy Minority Leader Risa Hontiveros, as SRN 718 urges the Philippine government to take apt action in asserting and securing the country’s sovereign rights over its Exclusive Economic Zone (EEZ) and continental shelf.
It is likewise notable to say that the Philippines is set to conduct joint patrol operations with the United States before the end of 2023, according to NSC Assistant Director General Jonathan Malaya. Similarly, U.S. Defense Secretary Lloyd Austin announced last February that he and former Defense Secretary Carlito Galvez, have agreed to restart joint maritime patrols in the South China Sea, which former President Rodrigo Duterte, who sought warmer ties with China, had postponed after he took office in 2016.
The international community specifically the United States, Japan, Australia, Canada, United Kingdom, European Union, Germany, France and South Korea have taken notice of these “red flag” incursions as well; and is supporting us in condemning these acts of China as well as standing by us in our Hague arbitral award and the non-escalation of tensions between Philippines and China in the West Philippine Sea.
“For 70 years, the U.S. presence in the Asia-Pacific has been the foundation of regional peace, stability, and security in the region. Our presence has supported the stability and openness necessary for the unimpeded flow of resources and trade across Asia’s waterways which has been critical to its unprecedented economic success. In the current environment, we are enabling our allies and partners to modernize their maritime capabilities in order to address the evolving dynamics of the region” (cf. The White House, Office of the Press Secretary).
As we are witnessing these “red flags” it is so important to acknowledge that at the end of the day, we were smart and competent enough to spot these “red flags” as they happen, and we are capable enough to know how to move through them without being too passive towards the dangers it poses. Sometimes we convince ourselves that things are fine, or manageable, when in reality we’re tired and fed up with such behavior and it is time to take action.