State prosecutors in the Philippines are gearing up to file a case against China before the Permanent Court of Arbitration (PCA) in The Hague, Netherlands. The case revolves around allegations of destructive environmental activity in the West Philippine Sea. The Department of Justice (DoJ) has been working closely with legal experts to draft and finalize the complaint.
According to Assistant Secretary Jose Dominic Clavano, spokesperson for the DoJ, the case is still being developed, and it is expected to be ready for filing by the end of January or early February. The decision to pursue legal action against China stems from the belief that the destruction of the environment is a sin against humanity, regardless of the ongoing territorial disputes between the two countries.
Justice Secretary Jesus Crispin Remulla has emphasized the abundance of evidence against China, although specific details have not been disclosed. The Philippine government has been gathering evidence for years, with momentum picking up in the last few months of 2023. The Office of the Solicitor General has confirmed the upcoming filing of a new complaint against China before the Arbitral Tribunal.
The impetus for this environmental case came after the Philippine Coast Guard (PCG) corroborated a report by the Armed Forces of the Philippines (AFP) Western Command (Wescom) regarding extensive damage to the marine environment and coral reefs in Rozul (Iroquois) Reef. This reef falls within the Philippines’ exclusive economic zone (EEZ). The PCG conducted underwater surveys that revealed a lifeless marine ecosystem with minimal signs of life. The seabed in Escoda Shoal also showed visible discoloration, indicating an attempt to modify the underwater terrain.
The PCG’s findings suggest that the continued presence of Chinese maritime vessels engaged in illegal and destructive fishing activities at Rozul Reef has caused significant degradation and destruction of the marine environment. The Philippines has sought the input of the Arbitral Tribunal in the past regarding environmental issues involving China in the South China Sea.
In a previous ruling in 2016, the Arbitral Tribunal highlighted China’s severe harm to the coral reef environment in the South China Sea. The tribunal condemned China’s large-scale land reclamation and construction of artificial islands, which had a detrimental impact on highly productive fisheries and extensive coral reef ecosystems. China was found to have violated its obligation to preserve and protect fragile ecosystems and the habitat of endangered species, resulting in irreparable harm to the marine environment.
The arbitration ruling also addressed the illegal harvesting of giant clams by Chinese poachers, which caused further damage to coral reefs. Scientists and marine experts testified before the tribunal, highlighting the destructive nature of the clam harvesting process.
By pursuing this case against China, the Philippines aims to hold the responsible party accountable for the environmental destruction in the West Philippine Sea. The filing of the complaint before the PCA in The Hague is a significant step towards seeking justice and safeguarding the marine ecosystem in the region.
It is important to note that this case transcends the territorial disputes between the Philippines and China. The focus is on the protection of the environment and the preservation of fragile ecosystems for the benefit of humanity as a whole. The outcome of this case could set a precedent for future environmental disputes and encourage responsible environmental practices in the international community.
Source: The Manila Times
