Post by seacid on Nov 9, 2007 13:06:20 GMT 8
I'd like to briefly put together in layman's terms the basics of our fears about JPEPA's repercussions on our marine area & resources. You could use this to help raise consciousness among divers, subsistence fishermen and rural communities by the sea whom you work with.
Here goes.
The JPEPA now awaiting ratification or rejection (the latter is what we want) by the Philippine Senate contains extremely lopsided terms against Philippine interest. If implemented, it will allow the Japanese unhampered access to Philippine waters and exploit our almost depleted marine resources. But not vice versa. Japan can fish in Philippine waters but the Philippines cannot fish in Japan waters. As reported by the fisherfolk organizations, a single-sized 3,000 metric ton Japanese "factory ship" could capture and produce a minimum of 150 metric tons of frozen tuna per day or around 50,000 metric tons of frozen tuna per year equivalent to $242.5 million gross profits per year. If a Japanese commercial fishing company delpoys 4 factory ships to fish in Philippine waters, the combined catch would be 200,000 metric tons a year equivalent to $970 million per year or P43.65 billion per year.
The hunting and trade of endangered species such as whales and dolphins will likewise be legalized under JPEPA and will therefore lead to a sharp increase in these activitities.
This is due to the failure (deliberately or negligently) of our Philippine government negotiators to make the proper comprehensive treaty reservations/exceptions in contrast to their Japanses counterparts who exempted their country's entire marine area from being accessed by Filipinos. I'm inclined to believe though that it is deliberate. Forgive the legalese but this is all i could manage:
Our Constitution (Art XII Sec. 2) says:
"The State shall protect the nation's marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow smale-scale utilization of natural resources by
Filipino citizens, as well as cooperative fish farming and fish-workers in rivers,
lakes, bays, and lagoons."
However, with JPEPA (Fisheries & Utilization of Marine Resources Sector) we granted national treatment (meaning the Philippines must treat Japanese visitors the same way it treats Filipino investors) to Japanese investors with an incorrect reservation worded as follows:
1.No foreign participation is allowed for small-scale utilization of marine resources in
archipelagic waters, territorial sea and exclusive economic zones; and
2. For deep-see fishing, corporations, associations or partnerships with maximum
40% equity can enter into co-production, joint venture or production sharing agreement
with the Philippine government.
This reservation is incorrect and erroneously phrased to make it appear that snall-scale utilization of marine resources is reserved to Filipinos while deep-sea fishing is allowed if the foreign equity is not more than 40%. It violates the above constitutional provision (Art. XII Sec.2) which grants the exclusive use and enjoyment of our marine wealth to Filipino natural persons or corporations 100% owned by Filipinos. Thus, aliens would not be allowed even if they paid rent or fees for fishing rights.
Best regards,
Mimi
Here goes.
The JPEPA now awaiting ratification or rejection (the latter is what we want) by the Philippine Senate contains extremely lopsided terms against Philippine interest. If implemented, it will allow the Japanese unhampered access to Philippine waters and exploit our almost depleted marine resources. But not vice versa. Japan can fish in Philippine waters but the Philippines cannot fish in Japan waters. As reported by the fisherfolk organizations, a single-sized 3,000 metric ton Japanese "factory ship" could capture and produce a minimum of 150 metric tons of frozen tuna per day or around 50,000 metric tons of frozen tuna per year equivalent to $242.5 million gross profits per year. If a Japanese commercial fishing company delpoys 4 factory ships to fish in Philippine waters, the combined catch would be 200,000 metric tons a year equivalent to $970 million per year or P43.65 billion per year.
The hunting and trade of endangered species such as whales and dolphins will likewise be legalized under JPEPA and will therefore lead to a sharp increase in these activitities.
This is due to the failure (deliberately or negligently) of our Philippine government negotiators to make the proper comprehensive treaty reservations/exceptions in contrast to their Japanses counterparts who exempted their country's entire marine area from being accessed by Filipinos. I'm inclined to believe though that it is deliberate. Forgive the legalese but this is all i could manage:
Our Constitution (Art XII Sec. 2) says:
"The State shall protect the nation's marine wealth in its archipelagic waters,
territorial sea, and exclusive economic zone, and reserve its use and enjoyment
exclusively to Filipino citizens.
The Congress may, by law, allow smale-scale utilization of natural resources by
Filipino citizens, as well as cooperative fish farming and fish-workers in rivers,
lakes, bays, and lagoons."
However, with JPEPA (Fisheries & Utilization of Marine Resources Sector) we granted national treatment (meaning the Philippines must treat Japanese visitors the same way it treats Filipino investors) to Japanese investors with an incorrect reservation worded as follows:
1.No foreign participation is allowed for small-scale utilization of marine resources in
archipelagic waters, territorial sea and exclusive economic zones; and
2. For deep-see fishing, corporations, associations or partnerships with maximum
40% equity can enter into co-production, joint venture or production sharing agreement
with the Philippine government.
This reservation is incorrect and erroneously phrased to make it appear that snall-scale utilization of marine resources is reserved to Filipinos while deep-sea fishing is allowed if the foreign equity is not more than 40%. It violates the above constitutional provision (Art. XII Sec.2) which grants the exclusive use and enjoyment of our marine wealth to Filipino natural persons or corporations 100% owned by Filipinos. Thus, aliens would not be allowed even if they paid rent or fees for fishing rights.
Best regards,
Mimi