Press Release
June 17, 2009

Reported Collision between Chinese Submarine
and US underwater sonar Raises Policy Questions

Senator Rodolfo G Biazon today said that the incident of the "inadvertent encounter" between a Chinese submarine and an underwater sonar array being towed by an American destroyer, the USS John McCain as reported, raises many questions, relative to national sovereignty and security and other national interests.

Biazon explained that the Philippines under international law, exercises different levels of authority depending on whether the areas in question are within our archipelagic waters, territorial seas, contiguous zone, or exclusive economic zone.

"So that the government will be guided properly on what action to be taken and the possibility of filing a protest, the exact location of the incident should be determined, whether or not it is within the archipelagic waters, territorial sea, contiguous zone or the exclusive economic zone," Biazon clarified.

Biazon cited that since the Philippines is a signatory to the United Nations Convention on the Law of the Sea (UNCLOS) and since the passage of R.A. No. 9522 or the law defining the Archipelagic Baselines of the Philippines, a law which is compliant to the UNCLOS, the Philippine Government's action should then be in accordance with the provisions of such laws.

"Under the provisions of the UNCLOS, the Philippines may designate sea lanes to guide foreign vessels the lanes to be used and the manner of crossing within such waters. So it is important for government to designate sea lanes. This however requires diplomatic coordination. The question arises as to whether this designation has been done," Biazon inquired.

"If the USS John McCain participated in the Balikatan exercises, and went to Subic to refuel, it must have been given permission to be in the vicinity of Subic, whether entering or exiting the Philippine waters. This cannot be said of the Chinese submarine," Biazon stressed.

"It is therefore logical that the Philippine government may file a protest because of the presence of Chinese submarine and especially if they are well within the territorial seas or the contiguous zone," Biazon stated.

"If the US Destroyer participated in an exercise, why didn't the Navy know about this? Is there a lapse of coordination between the Department of Foreign Affairs and the Department of National Defense?"

"I am therefore considering filing a resolution to clarify this matter," Biazon concluded."

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