DOJ, SolGen finalizing environment complaint vs China

MANILA, Philippines —  The Department of Justice (DOJ) and the Office of the Solicitor General (OSG) are finalizing a complaint they aim to file before an international court against China for environmental damage in the West Philippine Sea, an official confirmed yesterday.

“Yes, that is true,” DOJ spokesman Mico Clavano said when asked if the planned environmental case against China was being finalized. “We are coordinating with the Office of the Solicitor General. They are still collecting evidence and making sure that all attachments are made on the complaint,” he added.

Clavano said the DOJ and OSG are actively gathering evidence to strengthen the position of the government “in such a way that it will hold the scrutiny in the international tribunal.”

“The pictures that we got, which were distributed to the media, are not enough. We need to be able to provide some other circumstances or testimonies that will corroborate with the pictures,” he said.

The DOJ official said both agencies are still discussing where exactly to file the complaints.

In October 2023, the DOJ bared the administration’s decision to proceed with the filing of an environment case against China before an international tribunal citing the “innumerable and immeasurable” damage it has inflicted on the Philippine environment.

Justice Secretary Jesus Crispin Remulla earlier said that they hoped to have the case ready for filing before an international tribunal by the early part of 2024.

The government’s confirmation of its plan to file environmental case against China came as Filipino fishers based on Pag-Asa Island vowed to defy Beijing’s unilateral fishing ban in the South China Sea. “We will not be cowed by the order of China. We will continue to fish. We are in our territory in the West Philippine Sea,” Pag-Asa Island Fisherfolk Association president Larry Hugo said in a radio interview yesterday.

Hugo noted that members of his group have increased in number to 72. “We have 72 members and we will continue to fish even if there is threat of arrest,” he added.

“The Coast Guard watches us while we are fishing,” he pointed out.

He noted Chinese vessels so far have been ignoring Filipino fishing boats coming near them. “We passed the Chinese vessels and so far, no arrest has been made,” he added.

New Masinloc Fishermen’s Association president Leonardo Cuaresma said fishermen belonging to the group would continue to operate in Panatag (Scarborough) Shoal despite China’s fishing ban.

“They don’t have the right to implement a ban as it is not their territory. We are inside our exclusive economic zone, “ Cuaresma said.

Threat not new

Cuaresma added that the presence of PCG and Bureau of Fisheries and Aquatic Resources (BFAR) vessels is of great help to Filipino fishermen in Panatag Shoal.

“That (threat of China) is not new to us. We have no fear, as the ocean is only our source of livelihood. If we do not fish, our families will starve,” he added.

China’s imposition of a fishing ban came after its announcement of a maritime rule empowering its coast guard to detain for 60 days without trial trespassers in waters it claims as its own. China is claiming almost the entire South China Sea.

“We have been operating in Bajo de Masinloc without any escort but with the protection (from the Coast Guard), we are given the courage to fish,” he added.

But for the Pilipinong Nagkakaisa para sa Soberanya (P1NAS), President Marcos has failed to protect Filipino fishermen from China’s harassment in the West Philippine Sea.

“The Marcos administration has failed to protect our fisherfolk from relentless harassment and oppression by Chinese maritime forces,” P1NAS spokesman Antonio Tinio said.

By joining the fishing expedition to Bajo de Masinloc organized yesterday by the  Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya), Tinio said they hoped to raise awareness of the country’s sovereign rights in the WPS and put pressure on the government to defend them.

“This collective fishing activity is a legitimate and patriotic assertion of our rights against China’s bullying tactics and unlawful claims,” he said.

At least 20 fishing boats from Pamalakaya’s affiliate, the Panatag Fisherfolk Association, took part in the activity.

Meanwhile, PCG Commodore Jay Tarriela denounced China for its latest act of restricting the movement of Filipino fishermen saying it was part of Beijing’s “evil plan” of expansion.

He also rebuffed a statement from Chinese foreign ministry spokesperson Mao Ning that it would be “unnecessary for any individual or entity to worry about it if they do not engage in illegal activities.” The Chinese official’s statement appeared on X posted by Beijing’s Global Times.

“The Philippines remains open to dialogue and communication with the PRC, but the key is that the dialogue must be sincere and the results of the dialogue must be implemented in practice, rather than merely talking about dialogue while continually provoking and causing trouble through actions,” Tarriela said.

“She should have logic and common sense to know that the new CCG regulations would result in an escalation because of their evil plan of detaining Filipino fishermen who are engaged in fishing in our own exclusive economic zone,” Tarriela said, referring to the Chinese official.  – Bella Cariaso, Emmanuel Tupas, Ghio Ong