Posted on October, 03 2002

Palawan, the Philippines - Earlier today, the Palawan court issued an order to release 117 Chinese fishermen found poaching in Philippine waters eight months ago. WWF as well as prosecutors who have been working night and day to see that justice is served have expressed dismay at the outcome. The Chinese nationals were caught last February in the Tubbataha Reefs Marine Park, a UNESCO-declared Heritage Site that forms the ecological heart of marine life for the seas of three countries. Authorities seized 200 giant clams, 54 sea turtles, and large quantities of explosive devices and cyanide. Records show that many of those arrested are repeat offenders. In September, Department of Foreign Affairs Secretary Blas Ople asked the Department of Justice to release of the poachers, ahead of a visit by Chinese Premier Li Peng to the Philippines. Ople claimed the release of the prisoners would be seen as an act of "goodwill". Reports in Palawan local news say Department of Justice Secretary Hernando Perez signed an order to release the Chinese, after a much publicized "amicable settlement" between him and Chinese Ambassador to the Philippines, Wang Chun Gui. The order apparently states that there is no legal basis for the Philippine government to continue holding the accused parties. In addition, the order agrees to a lesser sentence for the Chinese - a sentence that many Palawenos feel isn't enough payment for their crimes. Under Philippine law, criminal acts such as those committed by the Chinese should carry heavy consequences. Poaching alone carries a fine of $US100,000 while possesion of endangered species is carries 12-27 years imprisonment and an additional fine. The Chinese are being released after paying only $US50,000 and serving eight months in prison. Pleas by the Palawan Council for Sustainable Development (PCSD) opposing the reduced sentences were dismissed, because "the Court did not recognize the (PCSD's) legal standing to represent the offended party". Atty Adelle Villena of the PCSD explained: "According to the Department of Justice, only their prosecutors have the right to represent the people of the Philippine Republic. But we must question this. After their actions today, can we truly believe that the Department of Justice will really represent the best interests of the Filipino people? This is a question that we plan to pursue in the Supreme Court." Members of law enforcement teams who helped in the apprehension of the Chinese in Palawan and Tubbataha are disappointed and frustrated by the national government. Much of the public sentiment in Palawan is that the national government itself has sold off their efforts in exchange for foreign favors. "Our own national government shortchanged us. Instead of helping us, they became the obstacle. This is a big blow to our law enforcers," said Norwin Abes from the Palawan office of WWF Philippines. The 117 Chinese nationals caught in February are not even the latest examples of poaching in Philippine waters. In May, 100 Filipino fishermen and seaweed farmers rounded up 17 Chinese fishermen found operating illegally in Cawili, Palawan. And on the eve of Chinese Premier Li Peng's visit to the Philippines in September, another group of Chinese fishing boats were apprehended in Malampaya, Palawan. More than 50 per cent of Filipinos depend on seafood as a primary source of protein. The Tubbataha Reef has some of the country's best fishing grounds, and is recognized as the source of food of all of Eastern Palawan, the Sulu Archipelago, Western Mindanao and Western Visayas. According to WWF-Philippines, allowing the Chinese to go without making them pay for their crimes against the Philippine environment is a travesty against the Philippine Republic and the laws it must uphold to protect its people. For further information: Ina Pozon Communications Officer, WWF-Philippines E-mail: ipozon@wwf-phil.org.ph Tel.: +632 917 533 8642