The recent news of a Chinese research vessel towing a movable platform into and out of Scarborough Shoal should be a cause for alarm for Filipinos. This scenario brings back memories of the Mischief Reef incident, when China surprised the Philippines with what analysts view as a creeping occupation of the reef, a natural feature lying within the Philippine-claimed Kalayaan Island Group in the Spratlys.
The Bajo de Masinloc case is different from Panganiban Reef and more worrying due to its proximity to the Philippine island of Luzon. Since China now controls the area, this presents a strategic nightmare to the Marcos administration. Should China fully fortify Bajo de Masinloc, it would gain a military advantage over the Philippines, severely compromising the country's territorial defense in the event of a military conflict.
Scarborough Shoal has been a traditional fishing ground for Filipino fishermen due to its abundant living marine resources. Unfortunately, the food security and livelihood of the fishermen have been gravely affected by Chinese-imposed restrictions in the area.
The Philippines would do well to go back to the drawing board and rethink past strategies in defending its claims in the South China Sea. While a modernized military could significantly enhance the efficiency of the Philippines' surveillance mechanisms, modernization takes time and requires substantial financial resources, a challenge the country faces.
Despite the Philippines winning its case against China before the Permanent Court of Arbitration 10 years ago, it seems the country still longs to enjoy the fruits of its labor. Filipinos are still barred from freely fishing in the area, and law enforcement authorities, media, and marine researchers traveling to Bajo de Masinloc experience intimidation, even violence.
The value of international law lies in its application through concrete actions, otherwise it becomes a trivial discourse on human aspirations for world order. It remains to be seen whether promoting the rule of law would lead to a peaceful resolution of the disputes between China and the Philippines and pave the way for a lasting solution to the Scarborough Shoal quandary.
Treaties must be entered into in good faith, a principle that underlies international law. Ultimately, the true measure of this principle is not found in the hallowed halls of tribunals but in whether the Filipino fishermen could freely return to Bajo de Masinloc and exercise their maritime rights without fear or intimidation.
