5 key facts on Benham Rise

Published January 31, 2018 7:36am

By RICHARD JAVAD HEYDARIAN

Around a year ago, the obscure Benham Rise was catapulted to the center of national discourse, when Defense Secretary Delfin
Lorenzana revealed the suspicious presence of Chinese vessels within our Exclusive Economic Zone (EEZ) in the Philippine
Sea. Back then, the defense chief raised concerns over the possible military dimension of China’s presence in the area.

Lorenzana’s misgivings unleashed a nationwide discourse on how the country should respond to the issue, since China, unlike
in the West Philippine Sea, wasn’t claiming the Benham Rise per se. Not to mention, under President Rodrigo Duterte, we have
been pursuing rapprochement with the Asian juggernaut, which has offered billions of dollars in infrastructure investment
deals.

Under growing public pressure, with even legislative allies raising concerns over Chinese activities in the area, the
administration was compelled to take a nationalistic stance and rename Benham Rise as Philippine Rise.

At first, the president downplayed the whole issue, claiming that he unilaterally gave China the permission to conduct research
in the area. Interestingly, Duterte at first didn’t seem to even know where Benham Rise was -- mistakenly thinking it was
situated on the other side of our shores, namely in the West Philippine Sea.

The Department of Foreign Affairs (DFA), meanwhile, denied that any permission was granted to China to conduct Marine
Scientific Research (MSR) in the area.

Crucially, they also revealed that MSR requests were repeatedly rejected in the past, because China refused to comply with our
basic requirements, including allowing at least one Filipino scientist to accompany their Mainland counterparts for the
duration of research. This naturally raised alarm bells vis-à-vis the intentions of China.

A year on, the Duterte administration, now under a new spokesman (Harry Roque) and foreign affairs secretary (Alan Peter
Cayetano), has given the go-ahead signal for China to conduct MSR in Benham Rise. Vociferous opposition from China hawks
and nationalist elements in the country, quite predictably, met the decision.

Justice Antonio Carpio, a leading voice for greater Philippine assertion of its sovereign rights and territorial integrity, bluntly
described any cooperation agreement with China in Benham Rise as “dumb”, since "China has squatted on the West Philippine
Sea and refuses to leave despite the ruling of the [Arbitral] tribunal.”

Then came the controversial comment from Duterte’s new spokesman, Harry Roque, who claimed that the Philippines needed
China’s help, because "no one can do it because, apparently, it’s (scientific research) capital intensive." Mr. Roque also echoed
China’s line that the Philippines doesn’t have sovereignty over Benham Rise.
Meanwhile, he also kept a distance from America’s latest Freedom of Navigation Operations (FONOP) aimed at challenging to
China’s coercive occupation of the Scarborough Shoal. He dismissed the United States Navy’s (USN) latest maneuver, which
clearly benefits the Philippines, as a “US-China intramural”, where we supposedly have no interest to be involved in.

Never mind that it’s the Americans, as Secretary Lorenzana has mentioned, who have dissuaded China from fully reclaiming
the shoal, which we claim as part of our national territory, through FONOPs and surveillance operations. No wonder then, the
defense secretary defended America’s FONOPs in the shoal.

But, what is really at stake in the Benham Rise? What is being fought over? Do we have any legitimate claim there? What
should we do? The following are three key issues that we should keep in mind.

I. The Benham Rise is a volcanic plateau, which is part of our extended continental shelf in the Philippine Sea. Similar to
an EEZ, we do have “sovereign rights” in the area -- rather than “sovereignty”, since we’re not talking about a full-
fledged island or land formation, to which we can have title to claim – based on Article 77 of the United Nations
Convention on the Law of the Sea (UNCLOS), which makes it clear that a coastal state has sovereign rights over its
continental shelf for the purpose of "exploring it and exploiting its natural resources."

Crucially, those rights are “exclusive”, meaning other states can’t conduct any exploration and exploitation activities in
Benham Rise without our express permission. As the UNCLOS puts it quite unambiguously, "The rights…are exclusive in
the sense that if the coastal State does not explore the continental shelf or exploit its natural resources, no one may
undertake these activities without the express consent of the coastal State."

II. We should keep in mind that per our constitution, Benham Rise --- as part of our continental shelf -- is part of our
national territory. Based on international law, however, we don’t have full sovereignty over it. Yet, the distinction
between “sovereign rights” and “sovereignty” is not a major categorical difference, but instead more of various
manifestations of exclusive rights of a coastal state along a broad spectrum of jurisdictional regime. Yes, we can’t claim
the whole water enveloped by the plateau in the area as our “territory” per se, as China does in adjacent waters, but we
have full and exclusive sovereign rights -- based on a 2012 United Nations ruling, which is, in accordance to the Art.
76(8) of the UNCLOS, “final” and “binding” -- over resources in the area.

III. China is certainly correct to emphasize its right to freedom of navigation (FON) and overflight (FOO) in the area per
UNCLOS, but that’s very rich coming from a country that rejects UNCLOS-based arbitration ruling as a “piece of trash
paper” and claims the whole South China Sea as its own blue national soil, not to mention impedes FON and FOO
through massive reclamation and militarization in Spratlys and Paracels, with Scarborough Shoal hanging in the
balance.

IV. There are good reasons to be concerned about China’s intentions in the Benham Rise. Under the so-called “Island
Chain Strategy,” Beijing views much of the Philippine Sea and Western Pacific as falling under its “second island chain”,
a maritime buffer zone that it aims to dominate within the coming decade. In China’s view, domination of that area is
key to keeping America’s naval prowess and footprint in adjacent waters in check.

V. Finally, this is precisely why it behooves the Duterte administration to be fully transparent in terms of its supposed
MSR with China. The MSR is reportedly between Institute of Oceanology of Chinese Academy of Sciences (IOCAS) and
the University of the Philippines Marine Science Institute (UP MSI). And it will focus on studying climate-driving ocean
currents. This looks all fine and dandy, and we should indeed peruse mutually beneficial agreement with all countries,
including China. But as the Russian proverb goes, “Trust, but Verify”.
FAST FACTS: What you should know about Benham Rise

The Philippines 13-million-hectare territory near Aurora is considered part of the country's extended continental shelf, but is not part
of the PH national territory

MANILA, Philippines – What is Benham Rise, and who owns it?

The subject has come up in recent days, after the Philippines' defense department revealed that China has shown interest in the
territory located off Aurora province, with a Chinese ship spotted surveying the area for as long as 3 months last year.

Asked about this, President Rodrigo Duterte seemed to confuse the issuewith the Philippines' dispute with China over the West
Philippine Sea (South China Sea).

But Benham Rise, located in the Philippines' eastern border and far away from the West Philippine Sea, is not disputed territory.
Unlike Scarborough Shoal, no other country is claiming the underwater plateau believed to be rich in minerals and gas.

UN confirmation: PH's extended continental shelf

Benham Rise is a 13-million-hectare underwater plateau located near Aurora. It is larger than Luzon, the Philippines' biggest island,
and is considered part of the Philippines' continental shelf.

According to marine law expert Jay Batongbacal, Benham Rise is potentially a rich source of natural gas and other resources such as
heavy metals. It is about 2,000 to 5,000 meters deep, but remains largely unexplored. (READ: Filipinos conquer new territory:
Benham Rise)

In 2012, the United Nations Commission on the Limits of the Contintental Shelf (UNCLCS) confirmed Benham Rise as part of the
Philippines' continental shelf. Under the UN Convention on the Law of the Sea (UNCLOS), the continental shelf comprises the seabed
and subsoil of the submarine areas 200 nautical miles (NM), or 370 kilometers, from a state's baselines or “edges.”

Parts of the continental shelf beyond the 200 NM provision need to be claimed before UNCLCS. Three years after the Philippines first
filed its claim and defended it before the commission, the UNCLCS approved Benham Rise as part of the Philippines' extended
continental shelf.

It was the country's first successful validated claim under UNCLOS.

Sovereign rights, yes, but not PH territory

An important distinction to note is that the Philippines has "sovereign rights" over Benham Rise, but it does not have sovereignty over
it. Because of this, Benham Rise cannot be considered part of Philippine national territory, according to Supreme Court Senior
Associate Justice Antonio Carpio.

Under international law, a state exercises sovereignty over its land territory and 12 NM territorial sea. Beyond it, and up to 200 NM
from its baselines, the state has "sovereign rights" – less than sovereignty, but exclusive and superior to the rights of all other states.

The Philippines has the sovereign right to explore and exploit the oil, gas and other mineral resources in Benham Rise as part of its
extended continental shelf (ECS).

Carpio explained that other countries, like China, have the right to conduct certain activities in Benham Rise such as:

 fishery research because the fish in the ECS belong to mankind

 surveys on water salinity and water currents because the water column in the ECS belongs to mankind
 depth soundings for navigational purposes because there is freedom of navigation in the ECS
"If the Chinese vessels were looking for submarine passages and parking spaces, that would be part of freedom of navigation and the
Philippines has no reason to complain," Carpio said.

But if the Chinese vessels spotted plying the area were conducting seismic activities to look for resources, Carpio said they would be
in violation of UNCLOS because only the Philippines has exclusive rights to explore and develop resources there.

China earlier said the Philippines cannot claim Benham Rise as part of its own territory.

Innocent passage or survey?

Asked about this in a press conference, Duterte said he understood why China would question the Philippine's claim over Benham
Rise.

"Because they are claiming it, so I can understand. You cannot also claim that because I'm claiming it. But let us not fight about
ownership or sovereignty at this time. Things are going great for my country," Duterte said.

While China confirmed that survey ships passed through the area in 2016, it claims that the vessels were exercising innocent passage.

Philippine Defense Secretary Delfin Lorenzana, however, said the activities of the Chinese ship spotted in the area belied this.

"Alam mo naman 'yung innocent passage, Point A to Point B. Napakabagal eh. Tapos tumitigil sa isang lugar. Magtagal doon ng
ilang araw. Lipat naman sa kabilang lugar. So that is not innocent passage," he said.

(We know innocent passage, it's Point A to Point B. But the Chinese ship was very slow. It was stopping in one area to stay there for a
few days. And then it would transfer to another area. So that is not innocent passage.)

Lorenzana said the Philippines will increase patrols in the area and may even build structures in Benham Rise.

Benham Rise: PH's new territory off Aurora

Bigger than Luzon, the 13-M hectare Benham Rise has been approved by the UN as part of Philippine territory

MANILA, Philippines – Imagine an area bigger than the Philippines' biggest island, Luzon, that potentially contains steel-producing
minerals and natural gas for domestic consumption or exportation.
This is Benham Rise, a 13-million hectare area off the coast of Aurora province, which the United Nations (UN) recently confirmed as
part of the Philippines' continental shelf and territory. (READ: Filipinos conquer new territory: Benham Rise)

UNDERWATER PLATEAU. Found near Aurora, the 13-million hectare Benham Rise is part of Philippine territory. Screen grab from
a document the Philippines submitted to UN

“We own Benham Rise now,” Environment Secretary Ramon Paje said in a media interview, quoted in a Philippine Daily
Inquirer story Saturday, April 28. “This is for future Filipinos.”

Unlike Scarborough Shoal and other portions of the South China Sea, no other country claims the area that is almost a quarter bigger
than the 10.5-million hectare Luzon.

The UN approval means Benham Rise, an underwater plateau by definition, is an extension of the Philippines' continental shelf, an
area rich in living and non-living resources like minerals and gas.

Based on the UN Convention on the Law of the Sea (UNCLOS), the continental shelf comprises the seabed and subsoil of the
submarine areas 200 nautical miles (NM), or 370 kilometers, from a State's baselines or “edges.” Parts of the continental shelf that are
not covered by the 200 NM provision, according to UNCLOS, need to be claimed and defendedbefore the UN Commission on the
Limits of the Continental Shelf (UNCLCS).

The UNCLCS approved Benham Rise as the Philippines' extended continental shelf 3 years after the country filed a claim and
defended it before the UN commission. (The UNCLCS was formed under UNCLOS.)
CONTINENTAL SHELF. This is a diagram of a continental shelf in its classical definition. UP's Jay Batongbacal, however, says
Benham Rise is different because it is an independent feature, an underwater plateau, attached to the normal continental shelf. Screen
grab from 'Continental Shelf: The Last Maritime Zone,' www.unep.org

It is now up to the Philippines to enact a law or executive order establishing the boundaries of its continental shelf, marine law expert
Jay Batongbacal told Rappler.

More resources

With this, he said, the Philippines can explore and exploit resources in a bigger area of seabed.

“The larger your shelf, the larger your potential resources are,” explained Batongbacal, a University of the Philippines professor
who took part in the technical team that prepared and defended the Philippines' claim over Benham Rise.

Batongbacal said based on two initial samplings in the area, Benham Rise keeps a large amount of heavy metals like manganese,
whose accumulation into manganese nodules can help in the production of steel, among other things.

Considering the area is a seabed, which is known to contain gas hydrates, Benham Rise is also potentially a rich source of natural gas,
he said.

He noted, however, that Benham Rise – which is 2,000 to 5,000 meters deep – “has not really been explored.”

In an earlier interview, Paje trumpeted the region's oil-rich potential. “We've been saying this in the past. This country can provide for
its own energy,” the secretary said.

He added it can also open opportunities for the Philippines to export natural gas.
FIRST VICTORY. This is the Philippines' first victory for territorial claims under the UN Convention on the Law of the Sea. Screen
grab from a document the Philippines submitted to UN

First for PH

This is the Philippines' first successful validation of a territorial claim under UNCLOS, according to a paper on Benham Rise prepared
by parties privy to the claim.

UNCLOS, incidentally, is the same UN convention the Philippines is invoking in its ongoing dispute with China over Scarborough
Shoal. (Read: Scarborough Shoal according to Manila, Beijing.)

Regarding Scarborough Shoal, China has repeatedly rejected the Philippines' invitation to bring the two countries' dispute to the
International Tribunal on the Law of the Sea, another body formed under UNCLOS.

Batongbacal, for his part, sees hope in the recent UN approval. (Below is the information the Philippines submitted to the UN in
claiming Benham Rise.)

“In terms of demonstrating our country's capability to make and prove claims to areas under international law, this is positive proof
that we can do it, given the right people, resources, and adequate preparation and time,” Batongbacal said.