Post by admin on May 28, 2014 19:34:05 GMT 8
Louis Bacani /philstar.com
May 28, 2014
MANILA, Philippines — President Benigno Aquino III admitted that the Philippines cannot imprison foreigners caught poaching in the contested South China Sea.
Aquino said signatories of the 1982 United Nations Convention on the Law of the Sea (UNCLOS) such as the Philippines could not impose imprisonment or corporal punishment to poachers.
"Hindi sanctioned ng UNCLOS iyong pagkukulong sa kanila," Aquino told a local reporter in Palawan on Tuesday. "Imprisonment and other corporal forms of punishment cannot be meted out for poaching."
"So ang dulo nito, habang pinagtatanggol natin ang karapatan natin under UNCLOS, lalabagin rin natin 'yung provision ng UNCLOS, inconsistent tayo,"
The President said instead of jail time, the Philippines could impose a fine against the poachers and confiscate the marine resources that they stole.
"
wede rin nating arestuhin at kumpiskahin iyong mga illegally-fished items iyong sea turtles, iyong corals, giant clams, et cetera," he said.
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Aquino also cited an article of the 1987 Constitution, which states that the Philippines adopts the "generally accepted principles of international law as part of the law of the land."
Earlier this month, the Philippine National Police maritime group intercepted a Chinese fishing boat off the disputed Hasa-Hasa Shoal with 11 crew members on board and 500 captured turtles.
Two of the arrested poachers were minors and had been deported back to China.
The remaining nine recently pleaded "not guilty" to charges of violation of Republic Act 8550 (Fisheries Code) and RA 9147 (Wildlife Resources Conservation and Protection Act) before the Puerto Princesa regional trial court.
Read: Chinese fishermen plead not guilty to poaching
Meantime, an online petition seeking the immediate prosecution of the Chinese poachers continues to get support.
The petition of the group Save Philippine Seas has obtained about 22,800 signatures as of writing time.
The group said as the country with the "richest marine waters on Earth," the Philippines must take the lead in marine law enforcement.
"[T]hese Chinese nationals pierced the eyes of the marine turtles and tied them through THEIR eye sockets to Prevent them from escaping - an act of barbaric cruelty against animals," the petition read.
The petition is also challenging China to face the Philippines in the International Tribunal of the Law of the Sea.
Manila has filed an arbitration case against Beijing in connection with their overlapping claims in the South China Sea.
Source: www.philstar.com/headlines/2014/05/28/1328251/aquino-philippines-cant-jail-chinese-poachers