2019 Reed Bank incident

The 2019 Reed Bank incident occurred when F/B Gem-Ver, a Philippine fishing boat anchored in Reed Bank in the South China Sea, sank after it was rammed by a Chinese vessel, Yuemaobinyu 42212, during the early morning hours of 9 June 2019. The stricken vessel's crew were later rescued by a Vietnamese fishing vessel.

2019 Reed Bank incident
F/B Gem-Ver's truncated stern is evident in this image taken after the incident
Date9 June 2019
Time11:50 PM PST
LocationReed Bank, South China Sea
Coordinates11°34.557′N 116°49.888′E
Participants F/B Gem-Ver
Yuemaobinyu 42212
TGTG-90983-TS
OutcomeFilipino vessel sunk, 22 Filipino fishermen rescued by Vietnamese counterparts
InquiriesInvestigation initiated by Philippine Coast Guard and Maritime Industry Authority; joint Sino-Filipino investigation pending

An independent investigation by Philippine authorities later determined that the Chinese vessel involved in the incident failed to undertake measures to avoid colliding with the F/B Gem-Ver and abandoned the stricken boat's crew, in violation of maritime laws.

Background
F/B Gem-Ver
Location of the F/B Gem-Ver at the time of the incident.

F/B Gem-Ver sailed from San Jose, Occidental Mindoro on 29 May 2019, with 22 crewmen led by captain Junel Insigne.[1]

The vessel was rammed and sunk on 9 June 2019 by another ship described as Chinese by the crew while anchored near Reed Bank in the South China Sea. The whole sea is claimed by China as it territory, while a 2016 arbitration ruling determined the area to be within the Philippines exclusive economic zone.[2]

The ship that rammed F/B Gem-Ver left the crew floating at sea. Two of the crewmen managed to reach TGTG-90983-TS,[3] a Vietnamese fishing vessel, after two hours of paddling; the rest of the crew were later rescued by this Vietnamese vessel, which sailed from Tiền Giang Province, Vietnam in the southern Mekong Delta.[4] The Filipino crewmen were turned over to the Philippine Navy and were taken aboard BRP Ramon Alcaraz. All but one of the 22 crew members returned home to San Jose, Occidental Mindoro on 14 June 2019. A lone crewman was left behind to oversee the towing of the barely floating wreckage of their wooden boat back to its home port in San Jose.[1]

Jay Batongbacal, director of the University of the Philippines Institute for Maritime Affairs and Law of the Sea stated that the incident was unprecedented; it was the first time that Chinese maritime assets "deliberately rammed, sank, and abandoned a Filipino fishing vessel in the West Philippine Sea". He further added that the incident could prove to be a tipping point in Sino-Filipino relations in the South China Sea; if no satisfactory action is passed on the part of China, it could "herald a new phase in Philippine-China interaction in the West Philippine Sea: one where we (the Philippines) will be forced out of the West Philippine Sea."[5]

F/B Gem-Ver

F/B Gem-Ver is a Filipino wooden-hulled fishing banca owned and operated by Arlinda B. dela Torre of San Roque, San Jose, Occidental Mindoro, Philippines. It is 19 metres (62 ft) in length with a beam of 1.8 metres (5.9 ft) and gross tonnage of 14.38. It is powered by a diesel engine with a single screw. The boat was built in 2000.[6]

Yuemaobinyu 42212

Yuemaobinyu 42212 (MMSI No. 412471286) is a Chinese steel-hulled fishing vessel operating from Guangdong Province, China. It is 44 metres (144 ft) in length and a beam of 8 metres (26 ft).[7]

Investigation

Joint Philippine Coast Guard - Maritime Industry Authority investigation
Joint Philippine Coast Guard-Maritime Industry Authority report on the Recto (Reed) Bank incident

The crew believed that the ship that rammed their vessel was Chinese but were unable provide the ship's bow number to the Philippine Coast Guard.[2] On 20 June 2019, the joint Philippine Coast Guard - Maritime Industry Authority investigation was completed and its contents made public on 6 July 2019.[8] Key points therein stated that:

  • The incident occurred within the Philippines' Exclusive Economic Zone,[8] approximately 140 nautical miles northwest of Piedras Point, Palawan.
  • The F/B Gem-Ver had two white anchor lights fore and aft, a flashing white light positioned on its mast and was equipped with a ship radar reflector. The weather was fair with starry skies and a first-quarter moon. The sea was calm and visibility was "slightly clear". Hence, no environmental factors could have prevented the Chinese vessel from seeing the Filipino fishing boat. The report stated in conclusion that the Chinese vessel "failed to take appropriate action to avoid the risk of collision."[8]
  • After the allision, the Chinese vessel maneuvered and halted "approximately 50 meters from the F/B Gem-Ver" with fishing lights on and was "considered to have direct knowledge of the distress situation", yet refused to aid the foundered boat. Hence, the Chinese vessel violated two maritime laws – the United Nations Convention on the Law of the Sea (UNCLOS) and the International Convention for the Safety of Life at Sea (SOLAS).[8]

Others

Though equipped with automatic identification system transponders, Yuemaobinyu 42212, the ship that sank the Filipino boat, was shown to have either had a problem with the equipment or had turned it off deliberately during the period from 27 April 2019 to 12 June 2019 and therefore could not be tracked immediately before or after the ramming incident. An Oceana Philippines representative stated that "going dark" was common practice for ships engaged in illegal fishing.[9]

Reactions

China

On 13 June 2019, a Chinese Foreign Ministry spokesman pronounced the incident and "ordinary maritime accident".[10] The following day, the Chinese Embassy in Manila released a statement via Facebook claiming that a Chinese fishing boat, Yuemaobinyu 42212, "was berthed near Reed Bank when it was suddenly besieged by 7 or 8 Filipino fishing boats". In attempting to evade the Filipino boats, the Chinese vessel's lightning grid cable dragged into the Filipino boat's pilothouse, causing the boat to tilt and founder.[11] This Facebook post however, was later deleted.[12]

China released a revised statement on 18 June 2019, this time omitting the narrative that Yuemaobinyu 42212 had been besieged by 7 or 8 Filipino fishing boats. The statement referred to the incident as an "accidental collision" between fishing boats and offered sympathies to the Filipino fishermen.[13]

In August 2019 Chen Shiqin, the president of the Guangdong Fishery Mutual Insurance Association sent a letter to the Philippines apologizing for one of its member's ships sinking F/B Gem-Ver and subsequently abandoning its crew.[14] It was initially reported that the apology was accepted, but this was later refuted by the Philippine Department of Foreign Affairs.[15]

Philippines

Defense Secretary Delfin Lorenzana on 12 June 2019 (Philippine Independence Day) condemned the sinking of F/B Gem-Ver. In particular he denounced "the actions of the Chinese fishing vessel for immediately leaving the incident scene abandoning the 22 Filipino crewmen to the mercy of the elements", an action which he described as "cowardly".[16] Foreign Affairs Secretary Teodoro Locsin Jr. lodged a diplomatic protest regarding the incident with the People's Republic of China on the same day.[17]

Philippine Navy chief Vice Admiral Robert Empedrad on 15 June stated that what happened to the Filipino fishing boat was "not an accident but a deliberate maneuver to ram the smaller vessel."[18] Philippine Supreme Court Justice Antonio Carpio also stated that it was "highly likely that a Chinese maritime militia vessel rammed the Filipino fishing vessel".[19] The People’s Liberation Army’s maritime militia, estimated to field 300 vessels and 4000 personnel, is made up of civilian fishermen who receive military training and pay. Their boats are equipped with reinforced hulls for ramming other vessels, as well as high-powered water hoses and sophisticated communications gear.[20]

After days of silence, President Rodrigo Duterte made a statement on 17 June 2019 about the incident, stating that this was a "maritime incident".[21] For his part, F/B Gem-Ver captain Jonel Insigne declined to meet with the Philippine President; Insigne was described as "still too traumatized" by the incident to travel to the nation's capital.[22] Duterte later stated that he was allowing China to continue fishing in the Philippines' exclusive economic zone.[23] This drew a disappointed reaction from the fishermen concerned,[24] so much so that even the wife of the Gem-Ver's captain stated that she would welcome Duterte's impeachment.[25]

After the Chinese sent a letter of apology for the incident to the Philippines in August 2019,[26] Philippine Justice Antonio Carpio emphasized that the author was in error when he stated that the incident occurred in the "waters of Reed Bank, Nansha Island Group". Nansha is the Chinese name for the Spratly Islands, and Reed Bank is a completely separate feature from any island in the Spratlys.[27]

United States

The United States Embassy in Manila issued a statement on 14 June 2019, urging "all parties to refrain from using coercion and intimidation to assert their territorial and maritime claims."[28]

Vietnam

Vietnam released a statement on 20 June 2019, saying that its fishermen complied with international maritime laws when they rescued the distressed crew of the Filipino fishing boat. Ministry of Foreign Affairs spokesperson Le Thi Thu Hang cited the United Nations Convention on the Law of the Sea (UNCLOS) and the convention of the International Maritime Organization (IMO) and that Vietnam's vessels were discharging international obligations while operating at sea.[29]

See also

References
  1. Talabong, Rambo (15 June 2019). "Crew of sunken Philippine boat now home". Rappler. Retrieved 16 June 2019.
  2. Stashwick, Steven (14 June 2019). "Chinese Vessel Rams, Sinks Philippine Fishing Boat in Reed Bank". The Diplomat. Retrieved 16 June 2019.
  3. Nam, Hoang (18 June 2019). "All gestures, no words as Vietnamese fishermen saved 22 Filipinos". VnExpress. Retrieved 19 June 2019. Awakened past midnight, the crew of a fishing boat from the Mekong Delta's Tien Giang Province understood from gestures that some strangers in the sea were seeking help, said Ngo Van Theng, owner of the TGTG-90983-TS fishing boat which made world headlines for rescuing 22 Filipino fishermen in the South China Sea, called the East Sea in Vietnam, on June 10.
  4. Quy, Nguyen; Hai, Vo (13 June 2019). "Vietnam rescues 22 Filipinos after Chinese vessel sinks boat". VnExpress. Retrieved 18 June 2019. The Vietnamese fishermen are from Tien Giang Province in the southern Mekong Delta. They have continued their fishing voyage after making sure that the Filipinos were safe, said Tien Giang's fisheries officials.
  5. Esmaquel II, Paterno (12 June 2019). "Sinking of Filipino vessel 'a first' in Philippines-China row". Rappler. Retrieved 18 June 2019. Referring to China, Batongbacal said, 'It's the first time it deliberately rammed, sank, and abandoned a Filipino fishing vessel in the West Philippine Sea. It is not the first time it rammed, or otherwise took unilateral action against a Philippine fishing vessel. It is enough reason for this administration to seriously reconsider its friendship policy toward China. If this passes without satisfactory action on the part of China, it will herald a new phase in Philippine-China interaction in the West Philippine Sea: one where we will be forced out of the West Philippine Sea'.
  6. Philippine Coast Guard-Maritime Industry Authority (20 June 2019), "Joint PCG-MARINA Marine Safety Investigation on the Incident Involving "FBca Gem-Ver"", Rappler, p. 4, retrieved 9 July 2019
  7. Oceanook.com. "YUEMAOBINYU42212". Retrieved 9 July 2019.
  8. Ranada, Pia (6 July 2019). "Final PCG-Marina report: Chinese ship failed to prevent sea collision". Rappler. Retrieved 8 July 2019. The Chinese vessel involved in the Recto Bank incident failed to undertake measures to avoid colliding with the Filipino fishing boat Gem-Ver and eventually abandoned the boat's crew, in violation of maritime laws. These were among the official findings of the joint investigation carried out by the Philippine Coast Guard (PCG) and Maritime Industry Authority (Marina).
  9. Sabillo, Kristine (20 June 2019). "Satellite data: Chinese vessel in Reed Bank incident often went 'dark'". ABS-CBN News. Retrieved 22 June 2019. According to Oceana Philippines, it has monitored fishing boats that go 'dark', a tactic purportedly linked to illegal fishing. A closer look at the data showed that Yuemaobinyu was off the grid from April 27 to June 12. It was on June 9 that the Chinese ship rammed FB Gem-Ver.
  10. Reuters (13 June 2019). "Beijing downplays boat collision, calls it 'ordinary maritime accident'". ABS-CBN News. Retrieved 16 June 2019.
  11. Ropero, Gillan (14 June 2019). "'No hit-and-run': Beijing denies boat abandoned Pinoy fishermen near Reed Bank". ABS-CBN News. Retrieved 16 June 2019.
  12. Cabico, Gaea Katreena Cabico (15 June 2019). "China takes down statement on sinking of Philippine fishing vessel". The Philippine Star. Retrieved 16 June 2019.
  13. Esmaquel II, Paterno (18 June 2019). "China omits 'besieging' by PH boats in new statement". Rappler. Retrieved 20 June 2019. On the early morning of June 10, an accidental collision took place between a Chinese fishing vessel and Filipino fishing vessels near the Liyue Tan. We express our sympathy to the Filipino fishermen who were in distress.
  14. Pazzibugan, Dona Z.; Ramos, Marlon (29 August 2019). "China fishing group apologizes for PH boat sinking". Philippine Daily Inquirer. Retrieved 30 August 2019. Presidential spokesperson Salvador Panelo, speaking to reporters in Beijing ahead of President Rodrigo Duterte’s arrival for a fifth visit to China, said the owner of the trawler apologized for his vessel’s hitting and sinking the FB Gem-Ver 1 then abandoning the Philippine fishing boat’s crew in the open water.
  15. Pazzibugan, Dona Z. (30 August 2019). "Locsin refutes Palace, says PH did not accept Chinese apology". Philippine Daily Inquirer. Retrieved 30 August 2019. Tweeting from Beijing, Foreign Secretary Teodoro Locsin Jr. angrily refuted a Malacañang statement on Wednesday that said the Philippines had accepted China’s apology.
  16. Panti, Llanesca T. (12 June 2019). "Chinese vessel hits, sinks Philippine boat in Recto Bank — Lorenzana". GMA News. Retrieved 18 June 2019. We denounce the actions of the Chinese fishing vessel for immediately leaving the incident scene abandoning the 22 Filipino crewmen to the mercy of the elements; We condemn in the strongest terms the cowardly action of the Chinese fishing vessel and its crew for abandoning the Filipino crew. This is not the expected action from a responsible and friendly people.
  17. Ramos, Christia Marie (13 June 2019). "Locsin fires off diplomatic protest after 'collision' of Chinese, PH vessels". Philippine Daily Inquirer. Retrieved 18 June 2019. Thanks, meanwhile I fired off a diplomatic protest yesterday, Locsin said over Twitter on Thursday.
  18. Laude, Jaime (15 June 2019). "Philippine fishing boat was rammed – Navy chief". The Philippine Star. Retrieved 16 June 2019.
  19. "Carpio: Highly likely a Chinese maritime militia vessel rammed Pinoy fishing vessel". GMA News. 15 June 2019. Retrieved 16 June 2019.
  20. Manthorpe, Jonathan (28 April 2019). "Beijing's maritime militia, the scourge of South China Sea". Asia Times. Retrieved 17 June 2019.
  21. "'Banggaan lang ng mga barko 'yan': Duterte breaks silence on Reed Bank incident". ABS-CBN News. "You do not send gray ships (Philippine Navy) there. Banggaan lang ng barko 'yan. Do not make it worse because that is a fertile ground for... Alam ninyong mga sundalo, miscommunication 'yan. Patay na. And we are not yet as ready, and we can never be ready in nuclear war, because in nuclear war, kung bitawan lahat 'yan, earth will dry up and we will all be destroyed," he said.
  22. Bajo, Anna Felicica (17 June 2019). "Filipino boat captain in Recto Bank incident to skip meeting with Duterte". GMA News. Retrieved 18 June 2019. There will be no Monday meeting between President Rodrigo Duterte and Jonel Insigne, the captain of the fishing boat that was reportedly rammed by a Chinese vessel in Reed Bank last week. Insigne was still too "traumatized" by the Reed Bank incident to travel to Metro Manila.
  23. Corrales, Nestor (26 June 2019). "Duterte: China can fish in Philippines' EEZ". Philippine Daily Inquirer. Retrieved 29 June 2019. 'Would you allow the fisherman to fish? Of course. That was our agreement', the President said, recalling his talk with Xi.
  24. Pinoy fishermen dismayed with Duterte statement on Chinese operating in Reed Bank ("The World Tonight", ABS-CBN News Channel). Occidental Mindoro, Philippines: ABS-CBN Corporation. 27 June 2019. Filipino fisherfolk rejected the government's decision to let Chinese fishermen continue to exploit resources in the country's exclusive economic zone out of friendship.
  25. "Boat captain's wife OK with Duterte impeachment". ABS-CBN News. ABS-CBN Corporation. 28 June 2019. Retrieved 29 June 2019. Parang wala nang karapatan ang Pilipinas doon. Parang Chinese na lang ang sinusundan niya. Naiinis ako kanina, nanonood ako ng TV. Sabi ko, maigi pa ngang ma-impeach 'yan. (It seems the Philippines no longer has any rights there. It seems he only obeys what the Chinese tell him to do. I was annoyed as I watched TV. I say, it would be better if he gets impeached.)
  26. Tomacruz, Sofia (28 August 2019). "China ship owner apologizes for PH boat sinking". Rappler. Retrieved 30 August 2019. The owner of the Chinese ship involved in the sinking of a Filipino fishing boat in the West Philippine Sea apologized through a letter shared with media on Wednesday, August 28 – over two months since the incident occurred.
  27. Tomacruz, Sofia (28 August 2019). "Carpio corrects China ship owner's apology: Recto Bank not part of Spratlys". Rappler. Retrieved 20 August 2019. Only China claims Reed Bank is part of the Spratly Islands (Nansha to China). The arbitral tribunal ruled that Reed Bank is a completely submerged area, forming part of Philippine EEZ (exclusive economic zone), beyond the territorial sea of any island in the Spratlys," Carpio said.
  28. Esmaquel II, Paterno (14 June 2019). "U.S. hits intimidation at sea after Philippine boat sinking". Rappler. Retrieved 18 June 2019. Our position on the South China Sea is clear: We support lawful uses of the sea, respect for international law, unimpeded lawful commerce, and peace and stability. We urge all parties to refrain from using coercion and intimidation to assert their territorial and maritime claims.
  29. "Vietnam on Reed Bank incident: All ships responsible for humanitarian treatment". ABS-CBN News. 20 June 2019. Retrieved 22 June 2019. Accordingly, the ships are responsible for humanitarian treatment and support fishermen in distress at sea. Vietnamese fishing vessels have performed international obligations when operating at sea as defined in the UN Convention on the Law of the Sea 1982 and the IMO Convention that Vietnam is a member.
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