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5 Challenges To Dutertes Fishing Deal' With China PDF
5 Challenges To Dutertes Fishing Deal' With China PDF
5 Challenges To Dutertes Fishing Deal' With China PDF
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Sofia Tomacruz
Published 6:21 PM, July 30, 2019
Updated 6:21 PM, July 30, 2019 Got development ideas to share to your
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By far the biggest challenge for any fishing deal would be the
Constitution. This is because the document is clear about the state's
duty to protect marine resources in Philippine waters for the
exclusive use of Filipino citizens.
This means that even if the Philippine government would opt to let
Chinese fish in Philippine waters under the Unclos, the Constitution
would prohibit it from happening.
"It’s our option whether to allow China or any other country to fish in
the EEZ, but we cannot exercise that option because it’s prohibited
in the Constitution.... We have something in our Constitution that’s
unique. It may not be in the Constitution of other states, but we have
to follow our own Constitution,” Carpio said in an interview with the
ABS-CBN News Channel on July 23.
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FOR FILIPINOS. The President is duty bound to protect the Constitution, which
states marine resources must be protected for the exclusive use of Filipinos. Photo
by LeAnne Jazul/Rappler
Aside from this, former foreign secretary Albert del Rosario and
former ombudsman Conchita Carpio Morales said any fishing
agreement made by Duterte cannot trump the Constitution. (READ:
Sovereignty vs sovereign rights: What do we have in West PH
Sea?)
In his speech, Duterte claimed his verbal deal with China was lawful
under the Hague ruling. Carpio refuted this, saying, the Hague
ruling made it clear there was no traditional fishing in the EEZ.
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He added there were only two areas where traditional fishing was
recognized: in the territorial sea around Scarborough Shoal and
archipelagic waters. (READ: Hague ruling: Filipinos, Chinese may
fish in Scarborough)
PAG-ASA ISLAND. An aerial view of the Philippines' largest outpost in the West
Philippine Sea. Photo from the Center for Strategic and International Studies/Asia
Maritime Transparency Initiative
However, the Unclos says this would only happen when the “coastal
state does not have the capacity to harvest the entire allowable
catch.” In this case, the Philippines should be unable to harvest the
entire allowable catch before China can be allowed to fish in
Philippine waters.
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Unclos and the Hague ruling also affirmed that traditional fishing
rights have been "extinguished" in the EEZ.
FILIPINO FISHERMEN. Fishing boats anchored in Barangay San Roque, San Jose
Occidental Mindoro on June 21, 2019. Photo by LeAnne Jazul/Rappler
Batongbacal said this means all foreign claims to any fishing rights
in another coastal state's offshore waters were extinguished by the
EEZs. This ensured coastal states control over foreign fishing
because any deal to allow foreign fishermen in a country’s EEZ
would need a formal agreement, which would detail specific terms
and conditions when accessing waters.
Meanwhile, Del Rosario and Morales pointed out that while the
Unclos recognized that countries may enter into fishing agreements,
Unclos also stated that the other country – in this case, China –
must follow the laws of the country allowing access to its EEZ.
(READ: Allow China to fish in PH waters? Panelo cites UNCLOS
but forgets Constitution)
This means Duterte would once again run into the Constitution,
which is clear about the state's duty to protect marine resources in
Philippine waters for the exclusive enjoyment and use of Filipinos.
Aside from this, the Philippine Fisheries Code of 1998 also makes it
illegal for foreign vessels to enter and fish in Philippine waters.
Section 91 of the law says, “It shall be unlawful for any foreign
person, corporation or entity to fish or operate any fishing vessel in
Philippine waters.”
WEST PHILIPPINE SEA. A Philippine Coast Guard ship (R) sails past a Chinese
Coast Guard ship during a joint search and rescue exercise between Philippine and
US coast guards near Scarborough Shoal. Photo by Ted Aljibe/AFP
“Ganun lang. Ipadala ko 'yung marines ko (That’s how it is. I’ll bring
my marines there) to drive away the Chinese fishermen. I guarantee
you, not one of them will come home alive…. We do it in a
confrontation doon (there), we try to drive them (Chinese) away, it
could lead to violence,” Duterte said.
"Nakita ko 'yung tao eh (I saw the man). So you can, more or less,
draw a profile of his, 'Please do not do that because there will be
trouble.' Ano... Ano'ng magagawa ko? (What can I do?)” he added.
Del Rosario and Morales pointed out that deals made under the
threat of war were considered invalid under international law.
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Duterte had earlier said that China should be allowed to fish within
the Philippines’ EEZ, specifically Recto (Reed) Bank. But Carpio
argued against this, saying, an agreement with the Asian giant
would be “lopsided” as China’s fishing boats would quickly harvest
all the fish.
Aside from this, China has one of the largest fishing fleets in the
world, with over 200,000 steel-hulled trawlers, compared to Filipino
fishermen’s wooden boats. As it is now, Filipino fishermen already
face fierce competition as foreign boats and trawlers have started to
“China has almost depleted fishing stocks in its waters and now
wants to fish in the Philippines, to the detriment of countless
Filipinos who rely on fishing to survive," Del Rosario and Morales
said.
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PHILIPPINES
Rappler.com
Published 3:57 PM, August 17, 2019
Updated 3:57 PM, August 17, 2019
CHIQUITA ISLAND. This is one of 3 Philippine islands that Chinese firms plan to
develop under deals inked with government corporations. File photo from Wikipedia
The senator filed the resolution a week after the Philippine military
expressed concern over the plan, noting that the islands were
strategic and their development by Chinese firms could
"compromise" Philippine security. (READ: Philippine military warns
on Chinese investment in key islands)
“With claims from no less than our top military officials that Chinese
presence in these strategic border islands would pose, if not
guarantee, security risks to our country, President Duterte should go
ahead and immediately cancel these development agreements with
Chinese firms involving these islands," De Lima said.
Military and defense officials said they were not consulted about
these plans.
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