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By Inday Espina-Varona,
Executive Editor
China, host of the 1998 Olympics,
has launched a campaign to highlight its “Green” side but
Philippine environmentalists and government officials say poaching
activities of its nationals veer toward “organized crime.”
“In Palawan, Tawi-Tawi, Jolo
and Basilan, there are Chinese ‘tourists’ spending time in
fishing villages, befriending locals and placing orders for
endangered aquatic and land animals,” according to Lory Tan, World
Wildlife Fund-Philippines executive director.
In between scouting for friendly
locals to the actual trapping of wildlife and smuggling these out of
the country, are several steps that require an intricate arrangement
of “top to bottom” bribes, Tan told The Manila Times after a
meeting of high-powered environmentalists and their legal advisers.
Friday’s meeting discussed the
drafting of a legal protocol on wildlife protection but both private
and public sector representatives complained about what a senator
dubbed as “executive interference” in legal suits against
poachers.
The watchdogs also claimed that
China’s diplomatic muscle stymies local communities’ efforts
against poaching.
‘Impunity’
Gerthie Anda, a lawyer for the
state-created Tubbataha Management Office (TMO) in Palawan, said
rangers across the country arrested close to 600 Chinese nationals
for poaching in the last nine years.
Only one case, the December 2005
arrest of 17 coachers caught with 54 marine turtles, led to a
conviction.
The crime of trafficking in
endangered species carries a 12- to 20-year jail sentence.
But by the first semester of
2006, Anda said, President Arroyo signed a pardon for the Chinese
nationals.
Angelique Songco, head of the TMO,
said that in several cases Department of Justice officials in the
national capital relieved local prosecutors, replacing them with
Manila-based fiscals or ordered a reversal of findings.
In at least one case, Anda said,
a judge halted proceedings mid-trial to allow a plea bargain by the
suspects.
“It’s the trend; they’ll
bargain down to the least serious and crime, often with advice by
government officials,” Anda noted.
Tan said the WWF network and
officials of allied environmental groups have already reported the
presence of Chinese “buyers” in fishing villages dotting the
country’s rugged coastline.
I hate to use the phrase
“government collusion” so I’m going to say it’s organized
crime because of the element of conspiracy between the Chinese
buyers of these species, their local managers and some members of
state departments,” Tan said.
A senior National Bureau of
Investigation (NBI) official who attended the meeting confirmed
Tan’s claim, warning that poachers’ “impunity” could
encourage involvement in other dangerous forms of smuggling.
“If they can carry fishes and
other animals, they can carry drugs or even arms,” the NBI
official warned.
The Philippines has a serious
problem with narcotics and terrorism and the provinces cited by Tan
are among the weakest links in the government’s law and order
campaign.
Lawyer Tony Oposa, head of the
Integrated Bar of the Philippines environment task force and a
deputized environmental prosecutor, said the draft protocol aims to
“plug all loopholes” that colluding officials use to let
poachers go free.
It would give environmentalists,
prosecutors and judges training in the handing of evidence and the
charges to use against poachers.
Hoi Wan case
But even honest law enforcers,
the NBI official said, often run into official interference.
The case of the Hoi Wan
illustrates the problems faced by environmentalists.
Lawyers and local government
officials are trying to persuade Manila to prevent 30 Chinese
poachers from leaving the country following their release on bail.
Rangers of the Tubbataha Reef
Marine Park intercepted their vessel, the Hoi Wan, on December 21
for illegal entry into protected area and world heritage site.
On boarding, they discovered more
than 2,000 fishes, including 350 juvenile Napoleon Wrasses, an
endangered species.
They also found compressor
equipment, wet suits and 10 sampans, indicating a sophisticated
operation.
Palawan Gov. Joel Reyes and Reps.
Abraham Mitra and Antonio Alvarez have requested hold orders for the
Hoi Wan’s crew, who face several criminal charges, but have yet to
receive a response from the justice department.
It took 10 days before the
Philippine Navy answered appeals by the TMO for an escort vessel.
Songco said officials of the
Bureau of Fisheries and Aquaculture Resources had already boarded a
Navy vessel when they were ordered off when higher-ups ordered crew
to proceed to Northern Palawan.
Navy officials claimed there was
an urgent security situation in the area but this report did not pan
out.
It took appeals from the Palawan
governor and congressmen, and days of negotiations between the
Palawan officials and Manila, and between Tan and the agriculture
and foreign affairs departments, to prod Armed Forces headquarters
into issuing an escort order.
Envoy’s letter
On Friday, sources from the DFA
provided The Manila Times with a copy of the Chinese ambassador’s
letter to Foreign Affairs Secretary Alberto Romulo that could
explain the reluctance to bring the Hoi Wan back to Puerto Princesa.
The December 28 letter urged
Romulo to “pay personal attention” to the case, warning that it
could jeopardize the attendance of Premier Wen Jiabao in this
week’s summit of Southeast Asian nations and their East Asian
partners.
Ambassador Li Jinjun linked the
case to a Philippine-China fishery cooperation agreement and the
country’s relations with Hong Kong, where tens of thousands of
Filipinos work as domestic help.
The envoy said the embassy was in
close contact with the Department of Agriculture and the AFP Western
Command. Agriculture Secretary Arthur Yap, the ambassador claimed,
had promised “to resolve the issue as soon as possible” if the
fishes were released.
He urged Romulo to agree to the
release of crew and their vessel before it was escorted to Puerto
Princesa. “In that case, we are afraid that it may make the
situation more complicated and delay the early resolution.”
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