ANGERED by reports that a Chinese boat “rammed” a Filipino fishing vessel anchored in the West Philippine Sea (WPS) and then abandoned 22 fishermen as their boat sank, senators on Thursday prodded the Duterte administration to lodge a strong formal protest over what they deemed a blatant violation of the United Nations Convention on the Law of the Sea (Unclos).
Senate President Vicente Sotto III, however, cautioned against calls to recall Philippine Embassy officials in Beijing following the incident. “Protest, yes. But remove our embassy officials and all…silly,” Sotto said on Thursday in a text message to the BusinessMirror.
“We cannot allow a bunch of stupid and heartless fishermen in a Chinese fishing vessel [to] make us remove our diplomatic relationship with more than a billion Chinese citizens who are friendly with us,” Sotto said.
Senate Minority Leader Franklin Drilon, in a separate statement, asked the Department of Foreign Affairs to file a diplomatic protest against China after noting that the Chinese vessel’s action “violated every State’s duty to rescue under the Unclos.”
“This incident demands strong and immediate action,” said Drilon. “We cannot let this incident pass…No self-respecting nation will allow that.” A former Justice secretary, Drilon invoked Article 98 of Unclos which required every State to render assistance to any person in distress or in danger of being lost at sea.
Drilon said under the Unclos, “it is the duty of the state to oblige
masters of vessels flying their flag to follow the provision; therefore, both
State-owned vessels and private vessels flying the State’s flag are mandated to
render assistance to people in
distress at sea.”
“What do you call a friend who abandons a friend in times of need?” Drilon asked, noting that both China and the Philippines are signatories to the Unclos which, under Article 98 (1) states: “Every State shall require the master of a ship flying its flag, in so far as he can do so without serious danger to the ship, the crew or the passengers: (a) to render assistance to any person found at sea in danger of being lost; (b) to proceed with all possible speed to the rescue of persons in distress, if informed of their need of assistance, in so far as such action may reasonably be expected of him; (c) after a collision, to render assistance to the other ship, its crew and its passengers and, where possible, to inform the other ship of the name of his own ship, its port of registry and the nearest port at which it will call.”
He stressed that such failure to act on the duty to rescue “gives rise to State responsibility,” adding, “the only exception under the Unclos is that when it would endanger the rescuing vessel.”
According to the minority leader, such duty is so critical that it is even imposed during wartime.
Lacson’s, CBCP’s take
Citing longtime ties between the Philippines and China, Sen. Panfilo Lacson said, “nothing short of a hard and serious punitive action by the Chinese leadership against the Chinese crew responsible for the cowardly act against our fishermen could assuage the majority of our countrymen’s strong apprehension about the sincerity of China toward us.”
He suggested a top-level meeting between senior leaders of the two countries. “This incident calls for a leader-to-leader talk,” Lacson said.
Meanwhile, officials of the Catholic Bishops Conference of the Philippines (CBCP) expressed their concern over the incident.
CBCP-Episcopal Commission on the Laity Chairman Bishop Broderick Pabillo said the Philippine government should demand an explanation from the Chinese government on why the Filipino fishermen were abandoned by the Chinese sea vessel.
Sorsogon Bishop Arturo Bastes said the incident reflects how China treats the country amid both parties’ prevailing territorial dispute in the WPS.
“This is a clear manifestation of China’s continuous bullying of the Philippines. They have no respect for our territory nor respect for Filipino lives. Yet, Duterte sees nothing wrong with China!” Bastes said.
Balanga Bishop Ruperto Cruz Santos said China’s response to the incident will determine the fate of its long-term diplomatic relations with the country.
“If they are really our friends and neighbors who propagate common peace and prosperity among Asians they should avoid provocation, maintain restraint and help our 22 fishermen,” Santos said.
‘Sum of all our fears’
Militant fisherfolk belonging to the Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) said in a statement: “This is the sum of all our fears; the continuing presence of Chinese vessels in our traditional fishing grounds leads to more bullying and harassment of our fisherfolk without accountability. The Filipino fishing vessel was moored when it was hit by a huge and negligent Chinese fishing vessel, but instead of rescuing the fishermen who were thrown out of the boat, they were left abandoned.” Pamalakaya staged a protest at the Chinese Consulate during Wednesday’s observance of the Philippines’s 121st Independence Day.
With reports by Samuel P. Medenilla and Jonathan L. Mayuga