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DFA ready to contribute to OSG efforts on possible legal options for environmental damage in Rozul Reef
DFA ready to contribute to OSG efforts on possible legal options for environmental damage in Rozul Reef
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DFA ready to contribute to OSG efforts on possible legal options for environmental damage in Rozul Reef
by Karen Ow-Yong22 September 2023
Photo Courtesy: Philippine Coast Guard (PCG)

MANILA – The Department of Foreign Affairs (DFA) expressed its support and stands ready to contribute to the Office of the Solicitor General’s (OSG) efforts in looking for various legal options in relation to the environmental damage in Rozul Reef.

In a statement, the DFA stated that they are still awaiting the assessment of relevant agencies on the environmental damage in Rozul Reef but stand ready to contribute to this effort.

According to the DFA, “they stand ready to contribute to this effort and will be guided by the OSG on these matters.”

“The DFA also understands that the Office of the Solicitor General is exploring legal options that the country may pursue,” the DFA added.

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It then cites Article 192 of UNCLOS which states that “UNCLOS obliges States to protect and preserve the marine environment. As clarified by the 2016 Arbitral Award on the South China Sea, this obligation applies in all maritime areas, both inside the national jurisdiction of States and beyond it. States entering the Philippines’ Exclusive Economic Zone (EEZ) and maritime zones therefore are likewise obliged to protect and preserve our marine environment.”

Earlier, Solicitor General Menardo Guevarra said in a media interview that his office is now exploring legal options that the country may pursue amid reports of “extensive” damage found on the seabed of Rozul Reef and Escoda Shoal in the West Philippine Sea (WPS).

"The OSG has embarked on an in-depth study of various legal options that the Philippine government may consider in relation to WPS issues with China. We are in the fact-finding and data gathering stage," Guevarra said.

Reports also said that OSG shall evaluate the merits of every legal option, including the possible filing of a complaint for damages before an international tribunal with proper jurisdiction, such as the Permanent Court of Arbitration (PCA) at the Hague.

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"We are doing this study with utmost care and circumspection because of the potential impact of any state action on our long-term national interest," he added.

In surveys done by the Philippine Coast Guard (PCG), it reveals what PCG spokesperson Commodore Jay Tarriela calls “extensive” damage to the marine environment and coral reefs frequented by Chinese maritime militias in the West Philippine Sea.

According to reports from the PCG, there are about 33 Chinese militia vessels in the vicinity of Rozul Reef and 15 were spotted at Escoda Shoal from August 9 to September 11.

During the same period, BRP Sindangan and BRP Cabra validated the presence of Chinese militias in the said areas after undertaking maritime patrols.

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