THE UN Convention on the Law of the Sea (Unclos) is the “constitution of the oceans,” and all members of the United Nations and the International Maritime Organization (IMO) must help enforce it, and not simply pay lip service to it, Foreign Affairs Secretary Teodoro Locsin Jr. said.
As an example of a key Unclos provision, Locsin said rescuing those in distress is a universal obligation of people and governments, and it is considered a criminal act if those involved were found to have abandoned that obligation.
“It is the obligation of every member-state of the UN and of the IMO to pay, not just lip service to these conventions, but to observe them in real life-and-death situations,” he said at the 29th meeting of members of the Unclos. The event also marked the 25th anniversary of the coming into force of the Unclos.
Locsin was referring to the June 9 ramming of an anchored Filipino fishing boat by a Chinese fishing vessel at the Recto (Reed) Bank in the South China Sea on Sunday.
The captain of the Filipino fishing boat said the Chinese vessel came back to survey what happened after hitting them, illuminating the area with powerful lights, but left without offering assistance.
The 22 crew members were then left to fend for themselves before being picked up by a Vietnamese fishing boat. They were ultimately recovered by the Philippine Navy.
Investigation is under way and Chinese Ambassador Zhao Jianhua said his government vowed to punish the parties involved if they were found to have violated international law requiring mariners to come to the aid of those in distress.
However, the Chinese version of what happened has been met with incredulity among Filipino groups after Beijing shared that initial report. There, the Chinese said they accidentally hit the Filipino boat, the Gemver 1, as they tried to flee an area where at least “seven to eight” Filipino boats were besieging them.
In his speech at the UN in New York, Locsin said, “The rescue of persons in distress is a universally recognized obligation of people and governments; and in the civil law and, maybe even in common law, it is a felony to abandon people in distress; especially when we cause that distress; and more so when it is no bother at all to save them at no risk to oneself.”
He said the incident, “to put it diplomatically, highlights the moral and possibly legal—though one wouldn’t wager on it—imperative of coming to the rescue of persons in distress at sea. Article 98 of Unclos explicitly provides for the “duty to render assistance.” (Full text of Locsin’s speech in his “Free Fire” column).
Locsin pointed out that the Philippines was one of the original signatories of Unclos in 1982, and ratified it two years later.
“We have strongly supported and upheld Unclos because it provides a comprehensive legal regime for the oceans and the seas.”
As the “constitution of the oceans,” it affirms the rule of law in maritime space, he added. The convention has 168 members.
Rounds of communication
Meanwhile, Chinese Foreign Ministry Spokesman Lu Kang said in a statement the event was “an accidental collision [that] took place between a Chinese fishing vessel and Filipino fishing vessels near the Liyue Tan [Reed Bank].
“We express our sympathy to the Filipino fishermen who were in distress.” He said following the incident, China and the Philippines had rounds of communication at various levels through multiple unimpeded channels. “I’d like to stress that this is only an accidental collision between fishing boats at sea. It is irresponsible and counter-constructive to link this incident with China-Philippines friendship or even make political interpretations out of it.”