Zambales fishermen file rights case vs China before UN

From InterAksyon (Jun 24): Zambales fishermen file rights case vs China before UN



Murillo Map showing "Panacot" (Panatag, or Scarborough Shoal) - antedating, say Philippine and other international scholars, China's insistence on its nine-dash-line claim. It has had de facto occupation of the area since April 2012, and routinely threatens and drives away thousands of Filipino fishermen. VERA FILES PHOTO

Representatives of fishermen’s groups in the towns of Subic and Masinloc in Zambales have filed an urgent online petition with the United Nations against what they described as “massive and gross human rights violations” committed against them by state agents of the People’s Republic of China.

The complaint cites several instances when Chinese coast guard vessels have turned Filipino fishermen away, including at least one incident in which their boats were bombarded by a water cannon and rammed, from the disputed Scarborough Shoal, which is also known as Panatag Shoal and Bajo de Masinloc, after the town in whose jurisdiction it belongs.

“We want a declaration that China is violating the Filipino fishermen’s right to life, right to means of living and right to food,” lawyer Harry Roque, one of the 38 fishermen’s counsel, said at a press conference before the petition was filed.

“We have lost track of the fact these territorial disputes, which are disputes over islands and waters, are only important because the islands and waters may have benefits to the citizens of the country making such claim(s). We are highlighting the human rights aspect of this dispute by stressing that China’s use of force in prohibiting the fishermen from fishing in their traditional fishing grounds has resulted in violation to their rights to life to food and means of livelihood,” Roque stressed.

Roque, who specializes in international law, said there are precedents in which the UN has said that traditional fishing rights have to be respected despite ongoing territorial disputes because fishermen have inherent human rights.

“We are hoping that while the (territorial) dispute is pending, the fishermen are accorded their human rights to continue with their only means of livelihood,” Roque said. “The long term effect is that we want to ensure that the right of these fishermen will be protected notwithstanding the outcome of the actual territorial claims itself.”
The petition also seeks to aid the pending UN arbitration sought by the Philippines against China.

“(While) the remedies are different, this (petition) could help because of course we can prove that they (Filipino fishermen) have vested fishing rights over the area that would also be evidence of effective occupation.  Of course the issue of who has better entitlement over the island will be resolved on the basis of effective occupation,” Roque explained.

Over the past few months, China has undertaken increasingly aggressive reclamation and construction work on reefs and shoals in the disputed Spratly Islands.

At the same time, “China’s failure to respond to our communication will have a more significant effect compared to China’s refusal to participate in arbitration,” Roque said of the fishermen’s petition.

“In this case, if they don’t answer, the (UN) committee can take on face value what the fishermen said and they can proceed to render a judgment sooner than the arbitration tribunal,” he said.

Roque said their evidence consists mainly of the testimonies of the fishermen, who say they have been fishing at Panatag for more than 50 years.

Also included as evidence is a video that shows a Chinese vessel bombarding with water and ramming Filipino fishing boats.

Roque explained that the arbitration case should not impact on Filipinos’ right to fish “because the prayer that we have in that case is very specific -- only to declare the waters outside 12 nautical miles of Panatag as part of the exclusive economic zone of the Philippines.”

 “But the problem is that the traditional fishing grounds is the shoal itself and the 12 nautical miles around the shoal which were not brought to arbitration,” he added.

The petition also includes a plea for reparations for the economic losses suffered by the fishermen.

“Under international law, as a consequence of a declaration of breach of a right, there is a duty to make reparation,” he said. “Reparation is to allow them to fish again.  But insofar (as) they have not been allowed to fish for a time, they should be paid compensation for such period.”

“The International Committee on Justice has said that committee decisions are entitled to high respect.  Although the decisions are not binding, in international law, a declaration that (a hostile country) is in breach, is a remedy in itself. No country would want to be declared as in breach of its international obligation,” Roque added.

http://www.interaksyon.com/article/112991/zambales-fishermen-file-rights-case-vs-china-before-un