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Acting responsibly

May 18, 2013
(CNA)
The fatal shooting of Pingtung County fisherman Hong Shi-cheng May 9 by the Philippines coast guard in overlapping exclusive economic zones between the ROC and the Southeast Asian nation is a tragedy that deeply grieves the people of Taiwan. Such an act violates the U.N. Convention on the Law of the Sea and is unbecoming of a signatory nation. Taking place 164 nautical miles southeast of Eluanbi, Taiwan’s southernmost point, the incident saw ROC-registered fishing boat Guang Da Xing No. 28 riddled with bullets fired from a Philippines government vessel. If, as claimed by Manila, the boat was “poaching”—an impossible act given it was not within 12 nautical miles of the Philippines—and ramming the Southeast Asian nation’s vessel, then Manila must immediately release the video recording of the fatal attack it claims to have in its possession. In addition to claiming Hong’s life, severely damaging the boat, and refusing to come to the assistance of the crew post attack, this excessive and unwarranted use of force has violated international law. This is not the first time a Taiwan fishing boat has been attacked by Philippines personnel and ships while legally plying its trade. Many incidents have taken place over the years resulting in loss of life and leaving a sour taste in the mouths of the Taiwan people. This is why the ROC government wasted no time in condemning the attack. At midnight May 11, President Ma Ying-jeou followed this up with a 72-hour ultimatum clearly setting out the conditions Manila must meet in order to satisfactorily address the situation. These are a formal apology; compensation; an expeditious investigation followed by severe punishment of the perpetrators; and speedy arrangement of negotiations on fishery matters. Despite the government handling this matter in an appropriate, calm and patient manner, the Philippines failed to respond in kind. Its frivolous response was unclear, lacking consistency, gravitas and sincerity. As a result, the government was left with no choice but to implement sanctions midnight May 15. These are suspending applications by Filipino laborers to work in Taiwan; recalling the ROC representative to Manila; and ordering the Philippines representative to return home and continue trying to resolve the case. Regrettably, the government’s decision to allow Manila a further 18 hours to respond appropriately did not bear fruit and it was forced to impose a second round of sanctions effective immediately. These include issuing a red travel alert, suspending high-level exchanges and halting visa-free exemptions. In addition, joint patrols are being held by the ROC’s Ministry of National Defense and Coast Guard Administration in Taiwan’s exclusive economic zone. At an ROC Ministry of Foreign Affairs international news conference May 17 in Taipei City, MOFA Minister David Y.L Lin acknowledged the apology offered by the Philippines president. But this is insufficient as it labels the killing “unintended” and “unfortunate.” The offer of a “donation” to Hong’s family instead of “compensation” is an implausible affront as it evades responsibility for his killing. The Ministry of Justice has sent an investigation team to Manila and the government maintains its call for both nations to conduct a joint investigation. The long-term solution is to open fishery talks and sign a bilateral agreement on the issue.

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