When a Philippines government vessel fired on an unarmed Taiwan fishing boat operating legally in waters within the overlapping economic zones of the two countries, killing one fisherman, it was a severe violation of customary international law. The Philippines must take full responsibility by formally apologizing, bringing the perpetrators to justice, compensating all losses and guaranteeing no further such incidents will occur.
From southern Taiwan’s Kaohsiung City it is only 240 nautical miles to Manila, so while both Taiwan and the Philippines claim exclusive economic zones of 200 nautical miles, under the U.N. Convention on the Law of the Sea Taiwan fishermen have the right to fish in overlapping waters.
While UNCLOS and international law allow coastal nations to police their territorial waters through surveillance, ship boardings, inspections, searches, arrests and assessment of administrative penalties, they do not permit killing.
The 15.15-ton longline fishing boat Guang Da Xing No. 28, CT2-6519, registered in Liuqiu Township, Pingtung County, left Dafu Harbor at 3 a.m. May 4 headed to waters southeast of Eluanbi. On board were Capt. Hung Yu-zhi, Hung Shih Cheng (the captain’s father), Hung Jie-sheng (Hung Shih Cheng’s son-in-law) and an unnamed Indonesian crewman.
Around 9 a.m. May 9 at 19 degrees 58 minutes north latitude and 123 degrees east longitude, an armed Philippines vessel about 40 meters long suddenly appeared, and a man in an orange uniform fired more than 30 shots at the fishing boat [leaving 59 bullet holes], damaging its engine and instruments, and fatally wounding Hung Shih Cheng in the neck.
At the time the boat was working about 164 nautical miles from Taiwan, within the limits of the fishing grounds delineated by the Pingtung County Government for the first tuna catch of the season, in overlapping Taiwan-Philippine economic zones.
Such conflicts erupt practically every year in these waters, with Philippines ships aiming to get Taiwan boats to abandon these fishing grounds of their own accord by firing on them and killing crew members. In 2004 the Cheng Fu Li out of Donggang, Pingtung County, was machine-gunned by an armed Philippines vessel near Batan Island in the northernmost Philippines, killing Capt. Wang Bao-sheng.
In the same year, Liuqiu-registered Xing Yi Fu experienced mechanical failure and ran aground near Batan Island. After a utility boat from ROC Coast Guard Administration vessel CG Hualien had picked up the stranded crew, it was suddenly shot at by militia on the island. No one was hurt, and the militia backed off when it saw the superior fire power of the Hualien, but the Xing Yi Fu was completely stripped.
In January 2006, while operating in the northern Philippine Sea, the Taitung fishing boat Man Chun Yi was approached by a small white craft. After shouting a few words, men aboard the craft started shooting. Capt. Chen An-lao immediately piloted his vessel away from the scene, while two mainland Chinese crew members took cover in the hold. The small boat pursued them, however, firing on the wheelhouse.
The captain was hit in the right femoral artery, dying from loss of blood, while his younger brother Chen Ming-de was also wounded in the leg.
Under international law, the use of force is authorized only against acts of piracy. Moreover, small fishing boats and the right of fishermen to their livelihood are protected even in time of war. The Guang Da Xing No. 28 was fishing legally, but was attacked by the official vessel in a crime against international law for which the Philippines government is entirely accountable.
This uncivilized behavior, resulting in the death of a Taiwan fisherman, is a breach of UNCLOS and must be met with tough measures by the ROC government. This is the only way to give family members justice, safeguard the rights of Taiwan fishermen and prevent further tragedy. (THN)
(This commentary originally appeared in the China Times May 11, 2013.)