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Second FSI-UP Partnership Explores the Ways Forward in Establishing Archipelagic Sea Lanes in Philippines Waters

This article was first published on the Foreign Service Institute (FSI) website.

The Foreign Service Institute (FSI), in partnership with the University of the Philippines Center for Integrative and Development Studies (UP CIDS) Strategic Studies Program, held a roundtable discussion titled, “Getting the Philippines’ Archipelagic House in Order: Designating Archipelagic Sea Lanes” on 5 September 2024. This event is the second iteration in a series of roundtable discussions co-hosted by the FSI and UP-CIDS.

The roundtable discussion assessed the underlying considerations which shape the Philippines’ decision in the designation of coordinates of the archipelagic sea lanes, with particular focus on policy, hydrographic, and environmental factors. It may be recalled that, on 4 September 2024, the Congressional bicameral conference panel approved the consolidated version of the proposed Philippines Archipelagic Sea Lanes (ASLs) Act, which aims to govern the exercise of archipelagic sea lanes passage of foreign ships and aircraft through the designated and established archipelagic sea lanes.

Amb. (Ret.) Gilberto Asuque discussed the relevant UNCLOS provisions on the exercise of archipelagic sea lanes passage by foreign ships and aircrafts. He explained that these foreign ships and aircraft can exercise their rights of navigation and overflight in the normal mode, provided that it is done in a continuous, expeditious, and unobstructed transit.

Amb. (Ret). Gilberto Asuque, Board Member of the Maritime Law Association of the Philippines and former Assistant Secretary for Maritime and Ocean Affairs of the Department of Foreign Affairs, argued that the internalization of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) into national laws is the primary consideration for the Philippines to enact legislation dealing with archipelagic sea lanes passage and the exercise of Philippine sovereignty over archipelagic waters. The proposed Philippine ASLs Act is among the pending bills aimed at harmonizing domestic law with the provisions of UNCLOS.

He stressed the need for informal consultations with the International Maritime Organization (IMO) and naval powers to ensure that the designated archipelagic sea lanes will be suitable for continuous and expeditious passage and meet navigation safety standards. Close coordination with other concerned national government agencies, including through an inter-agency technical working group on the ASL, may be necessary.

Capt. Carter S. Luma-ang showed the underlying areas in the Philippines where NAMRIA has bathymetric data, as well as those considered international shipping routes, dense and narrow areas, marine protected areas, and areas of special interest due to its biological and ecological characteristics.

Captain Carter S. Luma-ang, Director for the Hydrography Branch at the National Mapping and Resource Information Authority (NAMRIA), highlighted that the proposed ASLs were a result of a series of meetings and workshops with various stakeholders to determine how to best safeguard national security, promote navigational safety, and ensure the protection of the marine environment. He stressed that designating ASLs will enable the Philippines to strategize its monitoring efforts on specific key areas within its archipelagic waters, facilitating more effective and efficient allocation of resources.

Dr. Laura T. David mentioned the use of various tools in surveying and assessing marine habitats and ecosystems in the country including the Automated Rapid Reef Assessment System (ARRAS) and FISH-I, a tool for semi-automated fish ID and biomass assessment.

Dr. Laura T. David, Director of the UP Marine Science Institute, raised the environmental considerations in designating ASLs. These include reclamation threats, oil spills, and marine plastic pollution. She reinforced the need to safeguard the Philippines’ abundant marine biodiversity, particularly its food, livelihood, and health resources. She also advocated for using Filipino-developed technologies, engaging with local government units (LGUs) and higher education institutions (HEIs), and establishing a shared data repository for conducting long-term monitoring and surveys in the ASLs.

In the open forum, DFA-Maritime and Ocean Affairs Office (DFA-MOAO) Assistant Secretary Marshall Louis Alferez provided updates on the Department’s involvement in the ASLs discussions, including consultations with the IMO and planned engagements with the International Civil Aviation Organization (ICAO).
Left-right: FSI Director General Francisco Noel R. Fernandez III, Dr. Laura T. David, Amb. (Ret.) Gilberto Asuque, Capt. Carter S. Luma-ang, and UP CIDS Executive Director Dr. Rosalie Arcala-Hall.

Participants of the roundtable discussion were from the FSI, DFA, UP CIDS, members of the academe, other government agencies, media, and non-governmental organizations (NGOs).