Mr. Speaker, as Ranking Member of the House Foreign Affairs' Subcommittee on Asia and the Pacific, which has broad jurisdiction for U.S. policy affecting the region, including Vietnam and China, I rise today to strongly condemn China for…
Mr. Speaker, as Ranking Member of the House Foreign Affairs' Subcommittee on Asia and the Pacific, which has broad jurisdiction for U.S. policy affecting the region, including Vietnam and China, I rise today to strongly condemn China for violating Vietnam's sovereignty in the South China Sea and to call upon the U.S. to issue a clear and decisive statement of response.
On May 2, 2014, China anchored HD981 rig in Vietnamese waters and deployed dozens of naval vessels to support its provocative actions. On May 3 and May 5, China issued notices banning all vessels from entering the area and stating that HD981 rig will conduct exploratory drilling. HD981 is anchored totally within the Exclusive Economic Zone (EEZ) and continental shelf of Vietnam, about 120 nautical miles from Ly Son island of Vietnam.
I thank U.S. Senator John McCain for his leadership in unequivocally stating that China's territorial claims to the waters have no basis in international law. Simply put, China's provocative actions are an escalation of its intent to threaten peace and maritime security in the East Sea.
Since 2009, China has escalated its claims of the ``nine-dash line'', cut the ship cables of the ``Binh Minh II'' and ``Viking II (May and June 2011), established ``Sansha City'' (June 2012), implemented ``measures to enforce `Fishery Law of the People's Republic of China' (entering into force since January 2014), enhanced oil explorations in disputed areas, attacked Vietnamese fishing vessels, launched patrol boats, and conducted military exercises in the South China Sea to flex its power and deter other claimants.
All the while the U.S. response has been negligible, although the House Foreign Affairs Subcommittee on Asia and the Pacific has held hearings on the matter and several Members, including myself, have introduced Resolutions to promote a peaceful and collaborative resolution to any and all disputes in the South China Sea.
I am especially disappointed by the State Department's weak response to China's recent aggression. U.S. Department of State spokeswoman Jen Psaki stated, ``Vietnam has declared a 200-nautical-mile exclusive economic zone based on its coast line in accordance with the law of the sea. Then we call on China because China has a different view on that. That's why we continue to call on both sides not to take provocative or unilateral actions given this is occurring in disputed waters near those islands and these events, of course, point to the need for claimants to clarify, their claims in accordance with international law and reach agreement of what types of activities should be permissible within disputed areas such as these waters.''
I call upon the State Department to issue a more clear, definitive, and concise statement than this. Once more, as Senator McCain stated, China's claims have no basis in international law, and the U.S. State Department should not shirk from saying so. I join with Senator McCain in calling upon China's leaders to take immediate steps to de-escalate tensions, and I call upon the U.S. to lead the way. For historical purposes, I have submitted this statement with supporting documentation so that there is no dispute about the facts or about where I stand.
[As of May 5, 2014]
Factsheet on Operations of China's HD-981 Oil Rig in Vietnam's Waters
On May 2, 2014, Vietnamese authorities announce that at
5:22 am on May 1, 2014, the drilling rig HD-981 and 3 oil
service vessels of China were spotted as going south from the
northwest of Tri Ton island which belongs to Vietnam's Hoang
Sa Archipelago (Paracels). At 4:00 pm May 2, 2014, the
drilling rig RD-981 was set afloat at the location of
15 deg.29'58" North latitude and 111 deg.12'06" East
longitude of Tri Ton island with 27 protecting ships. This
location is about 130 nautical miles off Vietnam's coast and
119 nautical miles off Vietnam's Ly Son island. To date, the
number of Chinese vessels has gone up to more than 50. The
location of the rig lies well within the oil block No. 143 of
Vietnam, undeniably within Vietnam's exclusive economic zone
and continental shelf.
2. In the last few days, Vietnam has continuously
communicated with China expressing its serious concerns.
Vietnam has reiterated and stressed that ``the location that
the Chinese drilling rig HD-981 and protecting vessels
operate is undeniably within Vietnam's exclusive economic
zone and continental shelf; the operations of this drilling
rig and protecting vessels have seriously violated Vietnam's
sovereignty, sovereign rights, and national jurisdiction as
stipulated by the 1982 United Nations Convention on the Law
of the Sea (1982 UNCLOS), the 2002 Declaration of the Conduct
of Parties in the South China Sea (DOC), other related
agreements between the two countries' leaders, and Vietnam-
China basic principles on settlement of sea issues. Vietnam
asks China to immediately withdraw the drilling rig and
protecting vessels out of Vietnam's waters''.
Viet Nam has sufficient historical evidence, legal basis,
and de facto administration over Hoang Sa to assert its
sovereign rights and national jurisdiction over its exclusive
economic zone and continental shelf in accordance with the
1982 United Nations Convention on the Law of the Sea. Vietnam
requests that China respect Vietnam's exercise of sovereignty
over Hoang Sa, sovereign rights and jurisdiction over its
exclusive economic zone; and concurrently proposes to China
to settle the disputes over Hoang Sa and other disputes
related to Vietnam's sovereignty, sovereign rights and
jurisdiction through negotiations and other peaceful means in
accordance with international law, including the United
Nations Charter and the United Nations Convention on the Law
of the Sea.
Vietnam totally rejects and resolutely protests China's
arguments that the ``operation of drilling rig HD-981 is an
ordinary activity south of Zhongjian island (Tri Ton) of
Xisha (Hoang Sa) islands'', and has nothing to do with
Vietnam's continental shelf and exclusive economic zone; this
is ``an area of the
territorial sea and contiguous zone of the Xisha islands
(Vietnam's Hoang Sa) and that on-going operation is conducted
on a usual basis at a location administered by China without
any dispute''; and that China would not accept Vietnam's
request of negotiation over Hoang Sa.
3. The fact that China disregards Vietnam's communication
requesting the withdrawal of the drilling rig and oil service
vessels out of Block No. 143 is obviously an act on purpose
and an intentional and serious violation of Vietnam's
sovereignty, sovereign rights, and jurisdiction over Hoang
Sa, exclusive economic zone and continental shelf; serious
violation of the accords reached between two countries'
leaders, the spirit and content of the DOC, related
principles the international law, including the 1982 UNCLOS.
The Chinese activities have tremendously affected the
political trust between the two countries, adversely impacted
the bilateral negotiations over sea issues, and damaged the
sentiments and feelings of the peoples of Vietnam and China.
4. The Government of Vietnam respectfully asks all
Governments in the world to voice condemnation of those
wrongful acts by China; demand China to recall its drilling
rig HD-981 out of Vietnam's waters and respect the rights and
interests and coastal nations in accordance with the 1982
UNCLOS, fully and seriously observe the spirit of the
Declaration of the Conduct of Parties in the South China Sea
(DOC), ensure the security and safety in the East Sea (Bien
Dong); and call upon China to soon settle disputes with
Vietnam through peaceful negotiations, thereby contributing
to peace and stability in the region.
[As of May 7, 2014]
Fact Sheet No. 2 on China's Latest Illegal Activities in Vietnam's EEZ
1. China's provocative behavior:
To date, the number of China's supporting ships moving
toward the drilling platform has increased to more than 80,
including 7 military ships, 33 marine patrol boats and
surveillance ships, and many other vessels.
2. China's use of force:
Videos and pictures show Chinese ships, backed by
helicopters, aggressively obstructing Vietnamese ships.
The Chinese ships also sprayed water cannons, damaging
Vietnamese vessels and injuring their crew members.
At around 8:10 a.m. on May 3, a Chinese ship struck the
right side of a Vietnamese Marine Police vessel at high
speed, smashing the windows of the Vietnamese vessel that was
attempting to take evasive maneuvers.
A total of eight Vietnamese ships were rammed, hit, or
sprayed with high pressure hoses.
At one point, five Chinese ships surrounded a single
Vietnamese vessel.
3. China's impingement on freedom of navigation:
The Maritime Safety Administration of China (MSAC)
announced on its website on Saturday that all vessels should
keep one mile (1.6 km) away from the rig, called the Haiyang
Shiyou 981.
Despite Vietnam's objections, MSAC on Monday expanded the
prohibited area around the rig to a three-mile (4.8 km)
radius.
On the ground, China uses force to drive away Vietnamese
ships.
The location is right on vital international sea lanes.
Consequently, China's acts are threatening maritime security
and safety in the region.