WILL US Carrier invoke Right of Innocent Passage through Philippine owned but China controlled Scarborough waters?

WILL USS George Washington INVOKE "RIGHT OF INNOCENT PASSAGE" THROUGH SCARBOROUGH WATERS UNDER THE VERY NOSES OF CHINA NAVY WHEN SHE VISITS MANILA ON 24 OCTOBER??? 

We ask this question because despite the fact that Scarborough waters fall well within the Exclusive Economic Zone of the Philippines, China now exercises full control of Panatag Shoal (Scarborough Shoal.)

WE HAVE JUST LEARNED THAT USS George Washington, the largest carrier of the United States Navy  just might pass through Scarborough waters this week. Technically, we think that the 20-year old carrier can sail as close as 12 nautical miles to the Panatag shoal (situated 134 miles from Zambales, and very much within the country's 200-mile EEZ) during her planned visit to Manila on 24 October, depending, of course, on the water depth. But according to the Scarborough chart that we've seen, USS George Washington could very well do that and possibly give those China ships stationned in West Philippine Sea a great whooping scare of their lives.

We very much assume that the 104,200-ton carrier's passage through Scarborough waters is not all that innocent. China, which has managed to steal the shoal from under the noses of our country's navy commanders and coast guards, is now in control of the Shoal. We all know the US is a Philippine key ally that many Filipinos believe is vested with "protector powers" under the mutual defence treaty that both countries signed in 1951. The Philippines after all still technically holds proprietary rights to the shoal unless of course the government of the Philippines decides not to contest.

China will certainly protest the passage of the US carrier (if the passage takes place) through the waters of Scarborough but there's nothing they can do about it given that the United States Navy ship will most likely be invoking "right of innocent passage" if she does decide to sail through the Philippines' 200-mile Exclusive Economic Zone, a right of exclusive exploitation that China disputes disputes today.

Now, this is where it gets interesting: when that happens, it would be ideal if the Philippine Navy takes advantage of the US carrier's passage and deploys a PN ship to maneuver through and as close to the shoal as they can and grab the shoal back. Such bold and daring action will help redeem their tattered image when the Philippines lost control of the Shoal after the back-to-back April-May 2012 fiascos: BRP Gregorio del Pilar's withdrawing to Poro Point leaving the scene of a 'potential confrontation' with China surveillance ship in April followed by China's cordonning off the shoal to foreign "visitors" in May.

Personally?  We think that China's act is tantamount to illegal annexation of part of Philippine territory and if at all, can be deemed an act of piracy.

By Anne de Bretagne

For the Philippine Sabah Clain Forum &

For the Defenders of the Philippine Sabah and Spratly Claims

20 October 2012