Can they or can’t they?
Malacañang will have to make a categorical statement on whether or not the Chinese can fish inside the Philippine’ Exclusive Economic Zone after issuing conflicting and confusing statements on the matter.
As he faced public outrage on his stand on the ramming of a Philippine fishing boat by a much bigger Chinese vessel—described by critics as “disheartening” and “feckless”—President Duterte continued lawyering for his friends up north by saying that he was allowing China to fish in Philippine waters because 1) “they are our friends,” 2) “we cannot drive them away because they have insisted that it is theirs,” 3) he has an agreement with Chinese President Xi Jin-ping to allow China to fish in Philippine waters after Beijing granted Filipino fishermen access to Scarborough Shoal, which by the way also falls within our EEZ, and 4) banning the Chinese would result in a war we cannot win, as if it is the only option.
During a press conference in Malacañang, Presidential Spokesman Salvador Panelo later confirmed Duterte’s statement that the Chinese are allowed to fish in the country’s EEZ using the same reasons as the President. But even Panelo appeared not to be very certain how to interpret the President’s latest policy statement when asked by the reporters. Nonetheless, he confirmed it.
The backlash and the outrage grew even louder following the statement. With some people insinuating treason, several critics—including Supreme Court Associate Justice Antonio Carpio, former Foreign Affairs Secretary Alberto del Rosario, and Senators Leila de Lima, Francis Pangilinan and Ping Lacson—said allowing the Chinese to fish in Philippine waters is a clear violation of the Constitution and the President should be impeached for it.
At first, Duterte was defiant, even calling the brilliant Justice Carpio “stupid,” saying that the EEZ provision in the Constitution was “thoughtless and senseless,” and threatening to jail all those who say he must be impeached.
But finally, a more sensible adviser was able to convince Duterte that the Constitution was very clear on Article XII, Section 2 that the country’s marine resources can only be used by Filipinos.
On Thursday, Panelo made an absolute U-turn, but again blamed the media for allegedly falsely interpreting the President’s remarks despite the fact that he himself confirmed Duterte’s statement when asked by reporters.
“I have evaluated that it appears that what the President meant was China would not allow their nationals from fishing in our EEZ since they treat us as their friends, knowing that permitting their fishermen to fish in our EEZ would only result in an unwanted hostility leading to an armed confrontation,” Panelo said almost a day after Duterte made the remarks. It took him almost a day to realize his President was violating the Constitution?
So here’s the final (let’s hope so) statement from Malacanang about fishing rights in Philippine EEZ: The government is not waiving the country’s sovereign rights and will enforce the law against illegal fishing by foreigners.
Since the ramming incident occurred well inside Philippine waters (80 miles from the nearest Philippine land, way inside the 200-mile EEZ) and it is clearly established and affirmed by the Chinese crew that the Chinese vessel was fishing when it happened, will the Duterte administration go after the Chinese fishermen for violating our laws? Will the government start trial of the Chinese crew in the Philippines as demanded by Vice President Robredo and mandated by our laws?
After all, the Constitution clearly mandates the President to protect his country and his people, including the lowly fishermen, against those who violate their rights and trample our shores and our waters. Definitely, allowing the better-equipped Chinese to compete with the lowly Filipino fishermen in dilapidated boats and outriggers in our own waters would cost economic deprivation for these Filipinos who depend entirely on fishing for their daily subsistence. Is the President ready to allow that to happen to the people he swore to protect and defend?
If he really believes defending the fishermen from poachers and illegal fishers by sending our few Coast Guard patrol boats to the area where Filipinos fish could lead to a war that would massacre his beloved soldiers and annihilate the country with a nuclear warhead that he said could reach us in seven minutes, the government can just protest and file a criminal case against the Chinese crew, instead of defending them. The government should at least show outrage for the Chinese crew’s treacherous act.
Will the President himself please make the clarification—he can just read from a prepared statement so he won’t make another booboo—so that Panelo and Foreign Affairs Secretary Teddy Boy Locsin will get this time the official stand of the administration on the issue?
Will the President finally learn to be humble and swallow his pride if need be to clarify a confusing policy statement? Or will the Davao demagogue start calling again those who oppose him “stupid” and threaten again to jail those who dare defy him?
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Mr. Abelgas is a former Managing Editor of Manila Standard. He now lives and works in the US.