DIE HARD III
Herman Tiu Laurel
5/20/2013
1) August 23, 2010 Hong Kong Tourist Association Luneta massacre resulting in death for eight Hong Kong tourists; 2) April 8, 2012 Panatag Shoal incident when "grey ship" (naval) BRP Gregorio Del Pilar was sent to confront and arrest eight Chinese fishing boats triggering Chinese marine surveillance ships to respond; 3) the May 9 Balintang incident resulting in the death of one Chinese fisherman. Each of these incidents resulted from the absence of executive (i.e. presidential) response and leadership from the Chief Executive of the Philippines and blatant politicization of the investigations and perceived coddling of guilty parties in the process. Most unfortunate and to some, deeply suspicious in these series of grievous errors of the president is the victimization of Chinese civilians.
Last week this space wrote "Taiwan's rage, RP's failings" trying to discern the just approach to the incident at the Balintang Islands. We recounted the facts of the case as information trickled in from Taiwan's authorities and media and from the Philippine authorities. Aside from the corpus delicti, the Taiwan side was very quick to report details on the ballistics forensics showing the trajectory of the bullets from the Philippine Coast Guard fire hitting mainly astern, portside or rear left side, hardly indicating a boat attempting to ram the PCG head on as the initial impression one gets from reading the PCG report. The PCG had claims but absolutely no physical evidence to support any of its claims, such as pictures of a damage patrol boat and the like.
After the Balitang incident, May 10, Taiwan media had the images all over the world of the dead fisherman, the grieving family and the Taiwan protests. Taiwan authorities were already demanding an apology, compensation and investigation from Philippine authorities. The MECO (Manila Economic and Cultural Office) representative visited the grieving family, a quick action that must be commended. Deputy spokesman Abigail Valte had a late evening press conference which didn't impact at all. Malacañang waited a week for a high level, formal response through presidential spokesman Edwin Lacierda; but by then the damage to RP-Taiwan relations already looked irreversible. Through the week I waited for any proof from the PCG that may show that the Taiwanese, as some allege, are overreacting.
The first indication that the PCG had a credible piece of evidence to its claim that the shooting incident was an act of self-defense against an attacking fishing vessel was the May 17 news report that the PCG had a video tape of the whole incident that would prove its case. If it had this it would have erased doubts about the defensive nature of its action. Without a self-defense motive the PCG was clearly in troubled waters as the international laws covering the situation the Taiwanese fishing vessels and the PCG ship do not permit the use of lethal force, especially in an area where sovereignty is subject to question such as an overlapping exclusive economic zone (EEZ). Even in an EEZ when clearly exclusivity is established, the use of lethal force is not countenanced by international laws.
At this writing 11 days after the incident the alleged video still has not been released raised suspicion that the footage may not really be as helpful as the PCG claims. Malacañang should have called in all this evidence at the earliest opportunity to formulate its response to the Taiwanese claims, but the "noynoying" was also in operation. Today, we are still awaiting the video's release to the public, but in the meantime the earliest indication of the culpability of the PCG by Philippine media comes from a leak form an unnamed PCG official privy to the internal investigation that the "Coast Guard may have violated rules of engagement" which questions the apparent haste with which lethal force was used that may violate even the PCG's Rules of Engagement.
Reports say the video confirm the 1-hour chase the Taiwanese claim the PCG conducted, firing over 50 rounds against the unarmed Taiwanese fishing vessel, indicating hostile intent on the PCG's side. In such situations the PCG is expected only to report the incident and file the corresponding case through appropriate channels. One aspect to look for in this is whether the Taiwanese fishing vessels were actually caught fishing, because if they were not they could claim to be just making passage through the Luzon Straits. That's covered by the 1991 Executive Order No. 473 of President Corazon Aquino providing safe passage to Taiwanese vessels provided they do not fish and have their fishing gears stowed in their holds.
The Taiwanese are not the only victims in this sordid mess. One hundred million Filipinos are also victims, their country suffering further damage to its reputation and many sectors such as Taiwan-bound OFWs and our local tourism hit with crippling boycotts. All victims of the lackadaisical and incompetent BS Aquino III government whose highest officials, after striking out the third time should be offering resignations posthaste if it had any shame at all.
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