House OKs on final reading archipelagic sea lanes bill

The bill designates the sea lanes and air routes in the West Philippine Sea for the continuous and speedy travel of foreign ships and aircraft exercising their right of innocent passage.

The President is empowered under the bill to fix the coordinates of the designated sea lanes, and substitute or add to them.

HB 9034 is a consolidation of several House measures, which Yamsuan is among the principal authors.

One of the bill’s authors, Rep. Brian Raymund Yamsuan of Bicol Saro party-list group said: “The continued non-designation of the country’s archipelagic sea lanes is tantamount to waiving this right under the United Nations Convention on the Law of the Sea (UNCLOS).”

Maritime law analysts point out that the measure designating archipelagic sea lanes covers only the Philippines’ inter-island waters and airspace.

However, there have been instances in the past when Chinese vessels have not only entered the Philippines’ EEZ, but also lingered for three days in its archipelagic waters without permission, Yamsuan pointed out. Both the Philippines and China are signatories to the UNCLOS.

Under HB 9034, foreign ships and aircraft shall pass the designated sea lanes as quickly as possible for the sole purpose of “continuous, expeditious and unobstructed transit” and “shall refrain from any threat or use of force against the sovereignty, territorial integrity or political independence of the Republic of the Philippines.”

The measure also includes other rights and obligations of foreign ships and aircraft exercising the right of archipelagic sea lane passage. These include banning transiting ships and planes from conducting any research activity unless permitted by the Philippine government, and from conducting any fishing operation or exploitation of Philippine marine resources.

The bill also penalizes foreign civilian ships and aircraft violating provisions of the measure. Violations are punishable by imprisonment ranging from 6 months and 1 day to 2 years and 2 months or a fine of USD1.2 million or both. — Maricel Cruz