Category: Philippines

It took a week for President Aquino to realize that the killing of a Taiwanese fisherman by a member of the Philippine Coast Guard team in the disputed waters of South China Sea could lead to serious repercussions for the country

Last Wednesday, President Aquino sent as his personal representative Amadeo R. Perez, chairman of the Manila Economic and Cultural Office “to convey his and the Filipino people’s deep regret and apology to the family of Mr. Hung Shi-chen as well as to the people of Taiwan over the unfortunate and unintended loss of life.”

Taiwan Foreign Minister David Lin refused to meet Perez, who was just received by Foreign Affairs Director-General Benjamin Ho.

Hung Shi Chen, was the 65-year old fisherman who was killed when the a member of the Philippine Coast Guard team that was manning the ship owned by the Bureau of Fisheries and Aquatic Resources, fired upon what they considered as an intruding boat into Philippine territory about 10 a.m. of May 9, 2013.

This latest foreign relations problem shows that Malacañang has not learned from the 2010 Rizal Park hostage crisis.

There was a quotation in a news item by Agence France Presse attributed to PCG Spokesman Armand Balilo that “If somebody died, they (the family) deserve our sympathy but not an apology.”

Balilo said he was misquoted. He clarified that he was asked by a reporter who came late if there was an apology issued during the press conference and he replied in Taglish that what they issued was a statement of sympathy, not an apology.

There’s a whale of a difference in what Balilo said and the quote in the news item. Lost in translation?

It’s unfortunate that, that statement was what angered Taiwanese President Ma Ying-jeo, who was quoted in Taipei Times a saying, “The Philippine government’s attitude is outrageous and unacceptable.”

It didn’t help at all that President Aquino, who was in the final stretch of the campaign for the PNoy Team senatorial ticket, didn’t make any move like send a highly- credible private representative to President Ma to explain what they were doing about the incident – if they were doing anything at all – in the seven days that outrage was building up in Taiwan.

Last Sunday, Taiwan upped the ante and issued a 72-hour ultimatum reiterating its demand for a formal apology, arrest those responsible for the death of a Taiwanese fisherman, and compensate the victim’s family.

Immediately, Deputy Presidential Spokesman Abigail Valte announced that Antonio Basilio,resident representative of the MECO in Taiwan, “has visited the family of the victim and extended condolences and offered his apologies.”

Basilio clarified that his apology was to the family and not the formal apology demanded by the Taiwan government from the Philippine government. Not surprisingly, it was not good enough for Taiwan as did not come from a high enough authority and lacked “sincerity”, President’s Ma’s spokeswoman said.

Aquino waited for the 72-hour ultimatum to expire and Taiwan ordered the suspension of the hiring of Filipino workers (about 2,500 monthly are added to the 85,000 Filipinos currently working in Taiwan), recalled their representative in Manila, Raymond L.S. Wang, and sent back to Manila Antonio Basilio.

Taiwan rejected Aquino’s much-delayed apology finding unacceptable the excuse that the loss of life was “unintended.”

Taiwan imposed more sanctions including a red travel alert urging Taiwanese not to visit the Philippines and the suspension of exchanges between high-level officials, as well as a halt to exchanges on trade and academic affairs.

Taiwan also wants to start talks on fisheries agreement between Taipei and Manila. This is problematic because government-to-government accord would violate the Philippines One-China policy.

All statements by Philippine officials claim that the Taiwanese fishing vessel intruded into Philippine waters. Taiwan, on the other hand, said the fishing vessel was within their Exclusive Economic Zone.

Both are correct because the maritime boundary between the Philippines and Taiwan in that area is less than the 200 nautical mile EEZ provided in United Nations Convention on the Law of the Sea.

Separate investigations have started . It should answer a number of questions on the incident like why did the Taiwanese fishing vessel, which is just a third in size of the BFAR ship, sustain 40 to 50 bullet holes?

This is important because as lawyer Harry Roque said, UNCLOS prohibits the use of unnecessary use of force in dealing with illegal fishermen.” In fact,” he said, “ the UNCLOS provides that fishermen caught illegally fishing in a state’s exclusive economic zone should not even be detained or charged criminally The only leeway granted to a party state is to apprehend the vessel which, in turn, must be immediately released upon posting of bond.”

By Harry L. Roque, Jr.

Chair, Center for International Law

The recent shooting by the Philippine Coast guard of a lone Taiwanese fisherman illustrates the kind of governmental response that we Filipinos deserve when we ourselves fall victims to an internationally wrongful act. Under international law, there is state responsibility for an internationally wrongful act where there is a breach of international law and when the breach is attributable to the state. Here, it appears that because the killing was because of a shot fired by a state organ, a member of the Philippine Coast Guard, that the killing may be attributed to the Philippines government. Acts of state organs, no matter how lowly their ranks, and even if they are ultra vires, are always attributed to a state.

Furthermore, there too appears to be a breach of international law since the UN Convention of the Law of the Sea prohibits the use of unnecessary use of force in dealing with illegal fishermen. In fact, the UNCLOS provides that fishermen caught illegally fishing in a states exclusive economic zone should not even be detained or charged criminally The only leeway granted to a party state is to apprehend the vessel which, in turn, must be immediately release upon posting of bond.

The lesson learned is how our own government should espouse the claim of its national, even if there is only one solitary victim. Not only did the highest echelon of the Taiwanese government demand for an apology, it also demanded compensation and even threatened the Philippines with both military and economic reprisals, even if both are prohibited by international law. This is in stark contrast with the current practice of the Philippine government. Only recently, 200 of our nationals became sitting ducks to Malaysia’s illegal resort to excessive force. Our response was to threaten our nationals with domestic prosecution.

Because we committed an internationally wrongful act, we have the obligation under international law to apologize and provide compensation to the victim. This though is the full extent of our liability. Taiwan’s demand that in addition, we enter into a fishing agreement with it is bereft of legal merit. Taiwan is not an independent state and should not expect to be treated as such. Any fishing agreement involving overlapping areas of our exclusive economic zone should be with the People Republic of China. This is consistent with the international communities’ recognition of the so-called one-China policy; that is, Taiwan forms part of the People’s Republic of China and is not a republic on its own.

This latest experience should also teach our policy makers to act with dispatch where it is our government that incurs international responsibility. Since the shooting was at the behest of a state organ, the Philippine Coast Guard, the investigation should not have lasted as long as it did. It only entails requiring the Master of the coast guard vessel to report what transpired that led to the shooting. Absent evidence that it was in self-defense, the Philippines should have apologized with dispatch and should not have waited for any formal demand to do so. Our failure to act with dispatch consistent with our international obligation gave Taiwan the opportunity to exploit the incident to promote its own interest.