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Senator urges legal, diplomatic action vs China over South China Sea damage

SCREENGRAB FROM PHILIPPINE COAST GUARD FB PAGE

By Kenneth Christiane L. Basilio, Reporter

A PHILIPPINE senator has urged the government to pursue legal and diplomatic measures against China for what she described as ecologically destructive activities in the South China Sea, which she said have inflicted massive losses on the country’s marine resources.

In Senate Resolution No. 85 filed on Wednesday, Senator Risa N. Hontiveros-Baraquel said Chinese activities within the Philippines’ continental shelf and exclusive economic zone (EEZ) might have caused P396 billion in damage since Manila initiated arbitration proceedings against Beijing in 2013. She estimated the annual losses at about P33 billion.

“In the form of reparations, these are funds that can be used to… restore and renew vulnerable marine ecosystems,” Ms. Hontiveros said.

The senator accused China of violating the Philippines’ sovereign rights by destroying reefs, building artificial islands and tolerating large-scale harvesting of endangered species such as giant clams in disputed waters. She said these activities undermine both food security and environmental sustainability.

The Chinese Embassy in Manila did not immediately reply to a Viber message seeking comment.

The Philippines can leverage its 2016 arbitral victory to mount legal and diplomatic pressure on China for environmental reparations, said Josue Raphael J. Cortez, a diplomacy instructor at the De La Salle-College of St. Benilde’s School of Diplomacy and Governance.

“The ruling includes the fact that the reefs and marine biodiversity as a whole were severely impacted by the reclamation, construction and extraction initiatives of China,” he said in a Facebook Messenger chat. “This is despite the latter’s knowledge that these belong to the Philippines, and that an arbitration was ongoing regarding the two countries’ maritime entitlements.”

But China is unlikely to pay for the environmental damage, he said. “It will also be an implicit admission that they now recognize our sovereignty over these maritime territories.”

Manila has been weighing options to file another arbitration case against China for environmental destruction within its EEZ, Reuters reported in January.

National Maritime Council spokesman Alexander S. Lopez said in May the Philippines would only proceed once it had built a “foolproof” case. “When the case is truly foolproof, then we will proceed with filing — whether it be an environmental case or another case,” he said.

The Philippines first challenged China before a United Nations-backed tribunal in 2013. The Permanent Court of Arbitration in The Hague ruled in 2016 that Beijing’s sweeping maritime claims under its so-called nine-dash line had no legal basis.

‘UNILATERAL POLICY’China has rejected the ruling and continues to assert ownership over nearly the entire South China Sea, overlapping with the waters of the Philippines, Vietnam, Malaysia and Brunei.

Ms. Hontiveros warned that China’s actions have permanently damaged critical ecosystems. She cited the case of Scarborough Shoal, a traditional fishing ground for Filipinos that came under Chinese control in 2012 after a standoff.

The shoal lies 240 kilometers west of Luzon, well within the Philippines’ EEZ and almost 900 kilometers from Hainan, the nearest major Chinese landmass. Access by Filipino fishermen has since been severely curtailed.

“China had breached its obligations with respect to the Philippines’ sovereign rights over its continental shelf and exclusive economic zone,” she said, stressing that Beijing’s “unilateral policy” of reclaiming maritime features has resulted in widespread coral reef destruction.

Beijing has turned several contested reefs in the Spratly Islands into fortified outposts, complete with airstrips, hangars, seaports and radar facilities. Philippine officials and environmental groups say the dredging and construction have wiped out vast areas of coral reef, destroying fish habitats and weakening the region’s biodiversity.

Beyond large-scale reclamation, Ms. Hontiveros noted that Chinese fishermen have been documented harvesting giant clams, a practice banned under international conventions due to its devastating effects on marine ecosystems.

These activities, she said, represent systematic violations of environmental and maritime laws.

The senator argued that reparations from China could help fund rehabilitation programs and strengthen the Philippines’ capacity to address other pressing crises, including public health. She said protecting marine ecosystems is directly tied to food supply and the livelihoods of coastal communities.

Separately, Manila has sought P11.1 million in compensation from Beijing after a Chinese vessel ran aground near Thitu Island, also known as Pag-asa, in July. Thitu is the biggest Philippine-held island in the Spratlys and hosts a small civilian community.

It lies just 22 kilometers from China’s fortified Subi Reef, underscoring the tense proximity between Philippine civilians and Chinese military installations.

Analysts warn that unchecked environmental damage in the South China Sea not only threatens regional biodiversity but also undermines the economic and security interests of Southeast Asian states.

The Philippines, they say, has both legal precedent and moral standing to demand accountability after the 2016 arbitral ruling.

Ms. Hontiveros said renewed legal action is a necessary step to defend national sovereignty and ensure that future generations of Filipinos can benefit from the country’s marine resources. These funds should be used to restore what was destroyed and to protect what remains.

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