Ma Ying-jeou's last little vicious gift to Beijing: roiling relations with Japan

Dear reader: my apologies. After I saw this structure, my brain malfunctioned for several hours. I am completely unable to explain anything about this image.

Ma has spent the last couple of months trying to help Beijing by stirring up trouble in the South China Sea. This is a deliberate strategy, as I have noted for several years now, of irritating relations with Taiwan's key neighbors to the south and southeast, to help impede the formation of an anti-Beijing front -- even though Taiwan faces the same threat of expansion that they do. This is Ma doing what he can for China.

But China's expansion into the Senkakus and beyond to Okinawa, coupled with Taiwan's restless fishermen, offer countless possibilities for roiling relations with Japan. This week, in a word, Okinotori (Wiki). A few rocks that were rapidly eroding when Japan grabbed them, Wiki notes:

The waters around the reefs are potentially rich in oil and other resources and it lies in an area of potential military significance. At high tide, one area of the reefs is 1.58 square meters (17.0 square feet), roughly the size of a twin bed, and pokes just 7.4 centimetres (2.9 inches) out of the ocean. The other is 7.86 square meters (84.6 square feet), the size of a small bedroom, and rises 16 centimetres (6.3 inches), about twice as high. The entire reef consists of approximately 7.8 square kilometers (3.0 sq mi), most of which is submerged even at low tide.

According to UNCLOS these rocks, which cannot sustain human life or habitation on their own, cannot form an EEZ, although Japan has declared one based on these rocks. In 2004 China objected to the EEZ, and in the early 2000s it occasionally sent ships in to annoy the Japanese.

In case you missed that, Japan's position on Okinotori's ability to generate an EEZ is exactly the same as China's in the South China Sea, something that Chinese apologists frequently point out (of course, there's one tiny difference: Okinotori isn't someone else's territory). In fact, if you see a piece that begins by saying that China is behaving like everyone else, you're in all likelihood reading an apologetic for China.

This week Japan detained a Taiwanese fishing boat in the alleged EEZ...

Japan’s coast guard detained the captain and nine crew members aboard the Tung Sheng Chi No. 16 and towed the fishing boat to Iwo Jima. The captain and crew were released Monday afternoon once the vessel’s owner paid a $54,400 security deposit with the Taiwanese government’s help.

...and the Ma government pounced. Ma himself has a lifelong interest in island claims; his thesis is on China's claim to the Senkakus. The Ma government summoned the Japanese representative in Taiwan, and a few fishermen organized a pro forma protest outside the Japanese representative office in Taipei. The incident allowed Ma to pose as the protector of Taiwan's sovereignty, except that nobody in Taiwan cares about Ma. Tsai Ing-wen made the right noises in response. The China Times connected the incident with the banning of potentially radioactive food from Japan....

Japan is pressuring us to lift food import restrictions. Behind this pressure lies hidden weakness. Therefore we must drive a harder bargain to achieve the best results. Providing the government can stand the pressure, Japan will makes the final concession. Therefore the new government must be decisive and resolute.

The Dong Sheng Ji 16 incident is an opportunity to discuss lifting the ban on agricultural and marine products from the nuclear disaster area, and aggressively fight for Taiwan's fishing rights in the relevant waters. Regarding the Chong Zi Niao Reef EEZ, the new government must firmly reject the Japanese government's spurious claims. It must dispatch ships to protect our fishing vessels. Only that will provide us with the necessary bargaining chips.

Sure enough, the Ma Administration promised that Taiwan patrol boats will protect Taiwanese fishing boats in the area.

A coast guard vessel and a ship belonging to the Council of Agriculture will depart Sunday for waters near Okinotori atoll after a Taiwanese fishing boat operating some 150 nautical miles from the atoll was seized Monday by the Japanese coast guard.

The Japanese should have ignored the fishing boat, but instead, gave the Ma Administration the excuse to go all-out in irritating relations with Tokyo. Fortunately as the LA Times piece observed, Japan is merely waiting patiently for the Tsai Administration come onboard.

Meanwhile, Ma cranked up the rhetoric, doing absolutely everything to roil the waters...

President Ma Ying-jeou reiterated yesterday that “Okinotori is a reef,” so “the ROC government opposes Japan’s illegal expansion of jurisdiction in violation of international law.” Ma also announced that the ROC government would safeguard the freedom of its fishermen operating on the high seas in an effective way, and added that he had asked the Coast Guard Administration to send cutters to protect Taiwan fishing boats, saying “this is our fundamental right and we will not budge an inch.”

Compare that to Ma's studied silence on the illegality of China's illegal structures in the South China Sea. Like this last-minute dust up with Tokyo, that too is a vicious little gift to Beijing.

MEDIA NOTE: Kudos to Ralph Jennings for actually balancing China's desire to annex Taiwan with information on how Taiwanese feel about that:

Ma was elected in 2008 and must step down in May due to term limits. He made a name in office mostly for strengthening relations with China, expanding trade and tourism ties, but that effort met a public opinion backlash starting in 2014. China still hopes to unify with Taiwan despite opinion surveys in Taiwan that show a majority of people oppose that idea.

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Phils/Taiwan fisherman killing mess links

Temple procession in Tainan

Not much time for blogging today, in Kinmen enjoying that island's wonderful atmosphere and old buildings, but Manila has put out its official report on the shooting of a Taiwanese fisherman.

Meanwhile Taipei is responding quid pro quo by announcing that it is lifting the sanctions on Manila. Good news. An emissary came to apologize -- something that had already occurred -- and Manila announced it was prosecuting the sailors, obvious sacrifices to Manila-Taipei relations.

When asked to elaborate on dissatisfaction, Hung Tzu-chien said she felt it was a pity that reporters were denied a chance to raise issues regarding the long-term harassment that Taiwanese fishing boats have suffered at the hands of the Philippine Coast Guard over the decades.

The actual behavior of Taiwanese fishing boats abroad is apparently still unknown in Taiwan, where the media has fallen down on the job (shocked to hear that, I know you are). I would have loved to see the issue of Taiwan's fishing practices discussed in public.

UPDATE: Here are video links to videos posted by Taiwan TV stations:

https://www.youtube.com/watch?v=wVx3nupKTx0
https://www.youtube.com/watch?v=T8IpLBu-fZg
https://www.youtube.com/watch?v=o0SzV5tGMcs
https://www.youtube.com/watch?v=cVRjtwBnlCM
https://www.youtube.com/watch?v=9L4Bj2-CGIU
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Daily Links:

• CNN on conscription in Asian countries
• Meteor shower this weekend....
• Business shows its faith in awesome pro-business KMT governance: four of last five years private sector investment in Taiwan has been negative, says Economic Daily News.

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AJISS: Japan - Taiwan Fisheries Agreement Backgrounder and fisheries agreement round up

This recent cycle of late afternoon thunderstorms is really playing havoc with my cycling, since I like riding in the nearby mountains but don't like descending on slick, leaf-covered, muddy roads threatened by landslides. The picture above is Shuili at about 5 pm the other day. My friend Wayne and I had taken the 147 over to the 131, swung around Sun Moon Lake, lunched, and then climbed the Nantou 63 in anticipation of one of the best descents in the area when all hell broke loose. The skies deluged us. We took refuge in front of someone's house, waiting thirty or forty minutes while the pounding rain continued, and finally flagged down a little blue delivery truck. He raced down the descent over several landslides including a couple of small trees lying across the road, applying the Taiwanese theory that road conditions are irrelevant if you just drive fast enough. All the while he had one hand on the wheel and the other on his cellphone, while chatting with my man Wayne up front. I sat in the rear, stunned, watching the landslides recede into the distance. Rapidly. 

AJISS has an interesting commentary that goes into some of the political aspects of the Fisheries Agreement between Taipei and Tokyo. It observes:

As the above account shows, the Japan-Taiwan fishing talks were wrapped up via political decisions made by both sides. However, the greater context of regional politics that made these decisions possible cannot be overlooked. China-Taiwan relations have stabilized since the Ma administration came to power, and the US, Japan and other neighboring countries have welcomed this. A political understanding on prioritizing the development of economic ties over sovereignty issues premised on both parties belonging to "one China" has brought stability to China-Taiwan relations. In light of this understanding, China has outwardly criticized the words and deeds of the Ma administration but finds it difficult to take actions that would harm Taiwan's interests, as a loss of support for the Ma administration in Taiwan could result in the collapse of the "one China" premise. Realizing that the Chinese government would not protest or interfere, Japan and Taiwan then moved step by step along the process leading to the fisheries agreement.

"loss of support for the Ma Administration." Once again, Taiwan's democracy, which Ma must ostensibly appeal to in order to keep his underlings in power, places restraints on what China can do because it sees Ma as its servant.

Another piece on the agreement by a Japanese commentator observed:

Fishermen in Okinawa have been concerned about the illegal operations of Taiwanese trawlers. They have been asking that the Japanese authorities maintain order in the surrounding waters, securing the area so that they can operate safely, and arresting fishermen who operate illicitly. According to media sources, a Japanese government official commented that the agreement embodies about 80% of the desires of the Okinawan fishermen; however, fishermen from Kumeshima, who are close to the area where Taiwanese trawlers will be allowed to operate, may be dissatisfied. Protecting the interests of fishermen in Okinawa is necessary for the Japanese government.

Illegal trawling operations by Taiwanese fisherman have cause political problems for Taiwan across the Pacific. When commentators in Taiwan argue that the agreement with Japan could be a model for an agreement with Philippines, what they mean is essentially an agreement that legalizes Taiwanese poaching in Other People's Waters. The Japan Times reported that in practice Tokyo is strictly and rigidly interpreting the agreement. The June 13th piece notes:

Since the agreement came into force May 10, Taiwanese vessels have been detained for trespassing four times, only one of which in a zone subject to the agreement. The other three cases concerned fishing equipment drifting outside the zones.

The Japan Coast Guard has increased the number of vessels to patrol waters beyond the areas subject to the fisheries pact at the request of Okinawa’s fishermen.

The Taiwanese fishermen, of course, are not happy either.

Huang Yi-sen, chairman of Yilan County’s Association of Fishermen’s Rights, said the way the Japanese authorities are carrying out the agreement is “simply too strict.”

For instance, while the JCG previously allowed some leeway when infringements occurred, it is now detaining Taiwanese trawlers when their fishing equipment drifts out of the zone even less than 1 nautical mile, he said.

Suao Fishermen Association Director Chen Chun-sheng said if the situation continues, Tokyo will push Taiwanese fishermen into the embrace of China, which has been acting like a big brother to Taiwan in its fishing disputes with Japan.

Yeah, right, like the Suao Fishermen Association wants to see Chinese fishing boats in those waters....

Agreements like this also highlight another aspect of the issue, Taiwan's food security. If you look at the  numbers, Taiwan appears self-sufficient in seafood and "produces" a large surplus. This is an illusion, however; Taiwanese waters are fished out. Rather, Taiwan "produces" so much seafood because it has access to the waters of other nations, legally and illegally. Preserving this access and maintaining harmonious relations with the Pacific island nations whose waters are trawled by Taiwanese boats should be a core policy of every Taiwanese administration. That Taiwan's policies are so China-focused is one of the many costs Beijing's desire to annex Taiwan imposes on the people of Taiwan.
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Taiwan-Phils Fishing Pact? Probably not....

One of the great joys of biking in Taiwan is meeting all the friendly people.

With Taipei and Manila agreeing to forego the use of force in settling disputes at sea at a recent meeting, a pact which enormously favors Taipei since Philippines' boats rarely poach in Taiwan waters, but the reverse, alas, is all too common, the possibility of an actual fishing pact between the two sides is being raised. Discussions (a second preparatory meeting) are scheduled for July...

Ministry of Foreign Affairs’ Department of East Asian and Pacific Affairs director-general Benjamin Ho, in an interview with Taipei Times, said his government wants well-defined coastal areas where fishermen from both countries can operate freely.

"Our goal is to sign a fishery agreement with the Philippines ... We will continue to negotiate with the Philippines [on that issue]," the Times, a major newspaper in China and Taiwan, quoted Ho as saying.

Ho added that the next meeting will likely be held in July involving both countries' fishery, foreign affairs and maritime security officials.

The report added that the second preparatory meeting to take place in Taipei will "pave the way for fishery talks between the two countries."

Over at the East Asia Forum, a commentator from the Philippines has a nifty piece discussing the possibility of a fishing agreement between Manila and Taipei. The last of Taipei's demands in the shooting case, the call for a fisheries agreement, was the most significant, he says. The writer observes:

Yet a fishery agreement at this point in time could be disadvantageous for the Philippines. For one, Taiwan has a more developed commercial fishing industry than the Philippines. In fact, at present, the operation of Taiwanese fishing vessels off Batanes and Cagayan in northern Philippines has been a perennial complaint of many local Filipinos, notably artisanal fishermen since many poachers were caught well within coastal or municipal waters. Thus, any joint fishing cooperation in the overlapping Exclusive Economic Zones of both countries will only increase Taiwan’s advantages. For some, a fisheries agreement would essentially amount to legalising poaching under the façade of cooperation.

There are also practical impediments to an agreement to cooperate to curb illegal fishing. Foreign poaching is rampant in northern Philippine waters, and losses are tremendous, amounting to some P75–P150 million ($US1.8–3.5 million) every year. But because of its inadequate maritime law enforcement capabilities, Manila was only able to apprehend 108 foreign nationals for illegal fishing from 2006–2012. The Philippines’ limited enforcement capabilities would also make it difficult for it to monitor or supervise the conduct of joint fishing activities.

He also observes that the "demanding, haughty (if not outright bullying)" way in which the Ma Administration demanded the agreements has been offputting for Filipinos. Indeed, fishing associations in the Philippines are already demanding that Manila put a stop to any negotiations:

It described a potential deal as being like handing the nation's marine wealth on a silver platter to Taiwan at the expense of the sovereignty and territorial rights of the Philippines' 100 million people.

"Taiwan wants unlimited fishing access in the Philippines and that is the real score and the Manila government seems like ready to give in to the request," the group said in the statement.

See also The Manila Standard. It seems likely that in the end negotiations will stall over domestic opposition in Philippines, and the situation will return to status quo ante, with Taiwanese fisherman poaching and Philippines being able to do little and less about it.

A Taiwan-centric government would make maintenance of relations with Philippines a key priority. Let's hope that the public bullying that Taipei inflicted on Manila during the fracas over the shooting of the fisherman does not appear in the private talks over the fisheries pact.
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Phils/Taiwan Cringe: ROC reps pass this around

Here are the two pages of a brochure the TECRO (ROC representative) offices in the US are passing around. Look carefully at the map on page 1, it includes the Senkakus, showing how these territorial claims are linked in ROC (Chinese expansionist) propaganda and shows the "overlapping" EEZs of Philippines and Taiwan. Its use of international law is selective, to say the least: as a friend pointed out, there's no territorial waters around the Japanese islands and no EEZ extending into the Taiwan Strait. There's a bigger view of it on my Flickr account here.
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Phils/Taiwan Take 7: Linkfest and Pocket Analysis edition

A road warrior weaves through rush hour traffic on a narrow Taipei street. Lovin' the new Sigma 17-70mm lens.

The Taiwan/Phils mess, some recent stuff....

• Ritual slaughter: David Lin, Minister of Foreign Affairs, "grilled" by the legislature. Lawmakers -- especially the DPP's emptyheaded support of the gov't -- helped feed Taipei's botched response. Hinting that Lin, who probably had no hand in the real decision making, should resign, is unconscionable. 
• Manila, Taipei, will reach consensus after the probe. Which will naturally be what Taipei wants it to be, right?
• Fisheries Director Sha says the Taiwan-Japan pact can be a model for a Taiwan-Phils pact. That's nice, but if the gov't really cared about Taiwan's fisherman, it would have resolved this issue quietly to score brownie points with Manila so it can maybe negotiate a fisheries treaty (unrealistic anyway), but that is impossible because....
• ...as Ben Goren says, so much going on here is driven by Han Chauvinism. Taipei's historical cold shoulder to Manila while sucking up to higher status advanced powers is just one manifestation of this. 
• An awful analysis of the Taiwan-Phils mess. Quick, if I say the phrase "Taiwanese nationalism", what do you think of?  Sun Yat-sen and China, right?
• The Taipei Times editorializes that the media must remain "balanced." Would love to see some soul searching there about the media's uncritical acceptance of the government's jingoistic line and more importantly, in fostering public ignorance about the ROC, Taiwan, territorial claims, and the behavior of Taiwanese fisherman overseas. 
• Of the articles that have appeared on this brouhaha, this one is my favorite, priceless comedy: Batan Islands not part of Philippines. Why did the Taipei Times kill trees to print this? Who is the real writer?
• Phils national roundball team not invited to Jones Cup.
• A Phils perspective of the problem of marine resources in this issue, which -- wonder of wonders! -- has hardly been forthrightly and directly mentioned in the Taiwan English papers. "Caught red-handed and obviously poaching inside Philippine waters, Taiwan is obscuring the issue that led to the unfortunate death of its fisherman."
• Finally, the Phils media reports that investigators from Taiwan have seen the video of the killing. I hope this means it will be out in the next couple of days.
• Oh and.... Phils demands that China withdraw ships from Second Thomas Shoal

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Asian Correspondent: Taiwan Botches It and ON VACATION

A remarkably perspicacious piece from a singular correspondent. If I do say so myself....

Also, the awesome political scientist Ketty Chen has a new blog. Enjoy.

Further enjoy this well-intentioned piece in the Washington Post taking the Administration to task for its Taiwan-blindness.

I'm off biking in the mountains far away from the world this weekend. So your comments will not be posted until Monday. My apologies.
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Phils/Taiwan Mess Round Up: Links-n-stuff

Bike gear on display

No time to write.... odds and ends from around the web world. Hopefully I'll have more time to post tomorrow.

The VDR data from the boats has now been released. Liberty Times and ETToday

Decide for yourself: whose side makes more sense?
The story of the Taiwan fisherman
http://www.businessweek.com/news/2013-05-20/taiwan-fishing-crew-hid-to-escape-hail-of-philippine-bullets

The story of the Phils Coast Guard
http://www.mb.com.ph/article.php?aid=12367

ROC and Phils gov'ts agree on joint probe

J Michael in The Diplomat identifies where Taiwan went wrong and could possibly have saved the situation.

Finally, this is from a Taiwanese law professor at the U of Warwick. Posted with his permission, it was sent to a list and then distributed.

+++++++++++++++++

Notes on the Taiwan-Philippines Dispute by Ming-Sung Kuo (adaption
of two posts in response to an online chat)

Legally speaking, the issue is whether the use of force is necessary for the Philippines Coast Guard to enforce its rights under Article 73, paragraph 1 of the UN Convention on the Law of the Sea. Preventing suspect poachers from 'fleeing' the jurisdiction of the coastal state concerned, including the disabling of suspect vessels by the use of arms, is a legitimate means to that end. Whether the said Taiwanese vessel attempted to flee, which would be a crucial factor in determining on the legality (ie necessity in this case) of the Philippines Coast Guard's use of force, cannot be answered until all legal procedures, including a thorough investigation, are completed.

Premature reactions from Taiwan, official and civil, in the wake of this unfortunate incident have simply made matters more complicated. It is the principle of equal sovereignty, not sincerity, that is the cardinal rule of international relations. In terms of the post-incident investigation, which concerns the exercise of sovereign rights, I would say that it is the law enforcement authorities of the Philippines, including the prosecutors, not their Taiwanese counterpart, that has the primary jurisdiction. Taiwan’s unilateral dispatch of an investigative team to the Philippines without the latter’s consent (Note: notice is not consent) is unacceptable to any sovereign state.

Having said that, I do not mean that Taiwan cannot demand a role in the investigation. Nevertheless, demanding an official apology before the investigation was even launched was simply out of step with diplomatic protocols. No sovereign state would agree to such a demand in a legal dispute like this. In the immediate wake of the incident, Taiwan could have put pressure (which should be proportionate too) on the Government of the Philippines to expedite the investigation for sure but should not have demanded an official apology before the investigation was completed. What makes matters more complicated is that it's unlikely that a sovereign state like the Philippines (or even the US) would make a formal government-to-government apology to Taiwan, which has no statehood under international law. The 'extra mile' that the Government of the Philippines claimed it had gone probably referred to President Aquino's 'deep regret and apology' to the Lin family and the Taiwanese people when the investigation was still ongoing.

Sadly, denied statehood way too long, Taiwan doesn't understand how sovereign states interact with each other in the postwar international legal system. Did the incident result from territorial disputes between Taiwan and the Philippines? No. Is there any territorial dispute over Batanes between Taiwan and the Philippines? No. If so, what is the point of sending armed forces near the territorial waters of the Philippines? To take an undisputed territory of the Philippines like Batanes away from the Philippines would be a blatant violation of Article 2 of the UN Charter. Put bluntly, it is an aggressive war. Or, conducting war games is just a way to put pressure on the Philippines. Doesn't this evoke the dated gunboat diplomacy in the imperial age? I don't think this is a wise way to win public opinions in the international society.

In my view, the way that the Government of the Philippines responded to Taiwan's demands didn't suggest insincerity, although it did not make Taiwanese feel good either, which is what Taiwanese mean by 誠意. Unfortunately 'feel good' is not what international society is concerned about. Perhaps this is the root cause of Taiwan's frustration amidst this incident. I do agree that We the Taiwanese People have to fight on for the unfulfilled sovereignty. Yet, we should pick a good fight. Unfortunately this incident is not and the way it has been dealt with is unhelpful.
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Phils/Taiwan Mess, Take 5: Troublemaker, not Peacemaker edition

The small, upscale farmers market in front of the Splendor Hotel in downtown Taichung.

"We want to be a responsible stakeholder in the world, meaning that we should be a peacemaker, not a troublemaker." Ma Ying-jeou, April, 2008

Yes, all over East Asia stupidity meters are exploding. The madness has gone mainstream, with the big media slowly weighing in with reports that Something is Happening Out Here and it is important, although of course not nearly as important as the latest adjustments to Kim Kardashian's tits.

One of the sharpest observers of Taiwan affairs I know put the Ma government's policy in perspective: "Maintaining good relations with the Philippines is really a core interest of Taiwan." But of course we're seeing the exact opposite. Several normally reticent and thoughtful people I talk to have opined that it is hard to avoid thinking that Ma's policy is to push the island closer to China by distancing it from nations which ought to be its allies. Once again, only China is benefiting from this spat. It's probably not a coincidence that Ma has been irritating relations with two of Taiwan's US-backed allies, Phils and Japan.

Taiwan has to be a respectable member of the global village. Dignity, autonomy, pragmatism and flexibility should be Taiwan's guiding principles when developing foreign relations. As a world citizen, the Republic of China will accept its responsibilities in promoting free trade, nonproliferation, anti-global warming measures, counter-terrorism, humanitarian aid, and other global commons. Taiwan must play a greater role in regional cooperation. By strengthening economic relations with its major trading partners, Taiwan can better integrate itself in East Asia and contribute more to the region's peace and prosperity. -- Inaugural address, May 2008.

This commentary, The Thugs of Taiwan, in the Manila Standard was making the rounds of the Taiwan discussion groups this week.....

The circumstances surrounding the death of the Taiwanese fisherman, Hung Shih Chen, seemed lost on the people of Taiwan. The fishing boat Guang Ta Shin was caught poaching in Philippine waters. Despite warning shots from the Philippine side, the Taiwanese ship tried to ram the Philippine Coast Guard patrol boat which fired shots in self-defense.

This is not the first time Taiwanese fishermen have been caught poaching in our waters. But like recidivists released through the intercession of the Taipei Economic and Cultural Office, they return to commit the same offense.

It is a sad commentary that the Philippine government is groveling before Taiwan in the face of economic and labor sanctions. What the government should do is to find an alternative for job opportunities at home. The Philippines, after all, has been getting rave reviews from international investment ratings groups like Fitch and Standard and Poor’s. Government must trickle down the upside in the Philippine economy to its own people instead of deploying them overseas as slave labor.

The Phils side simply has the better story -- the Taiwan side's silliness is thoroughly demonstrated in this video making the rounds on Facebook....

...whose story is simplistic in the extreme, lacking any serious discussion of the incident. Meanwhile the Phils side tells a story involving poachers that has a long and totally sympathetic history.

That video above does have one interesting remark. At one point it notes the "location" of the incident, which -- what a coincidence -- puts it 5 miles inside Taiwan's claimed area.

Similarly, Taipei is not helping itself in my mind with ...mistaken... claims, claims that the PCG deliberately murdered the crew member. In Manila, at a press conference, Global Post reported:

Chen Wen-chi, head of the Taiwan team investigating the May 9 incident, said most of the bullets had hit the fishing boat's cockpit where its crew hid.

"By combining the... evidence, it clearly shows that the Philippine law enforcers were intentionally shooting the Guang Ta Hsin 28 crew members, which indicates their intent of murder," Chen told a news conference in Manila.

The claim that the Phils sailors were shooting at the cockpit in order to deliberately kill the crew is needlessly incendiary, making conciliation difficult, and worse, appears to be false based on easily accessible evidence. Take a moment and look carefully at the bullet trajectories deduced by the ROC government itself. They show that, just as the PCG claims, it shot at the bow and at the engine [stern] compartment [engine is usually more toward the center, I just found out]. Note also that in the cross section, the bullets to the stern are almost all below the deck. The one that killed the fisherman appears to be a stray. After making this baseless accusation, the Taiwanese team went home in a huff complaining Manila was insincere and its attitude was capricious and dishonest. LOL. With that attitude, it is no wonder Manila is not letting the investigative team from Taiwan in on the investigation.  This murder claim is coming down from the top; President Ma is also trumpeting a shrill blast of cold blooded murder as well.

More seriously, this willingness to ...be mistaken... causes me to question Chen Wen-chi's claim that the boat was in Taiwan's claimed zone rather than Phils territorial waters as Manila says it was.

"Taiwan is no longer a troublemaker but a peacemaker." Ma Ying-jeou, Dec, 2008

The Taipei Times ran an interview with a fisherman who has had much trouble over the years in the waters around the Philippines.

"When these navy sailors and officers came aboard our boat, they would loot almost everything we had, from raincoats and videotapes to food, tissues and other materials," Chang said.

"If we were lucky, we were allowed to leave and go home, otherwise they would plant evidence against us and confiscate our boat. They would strip the boat’s engine and all the usable instruments. Then they would demand that we pay a heavy fine," he added.

Chang recalled elderly fishermen advising them to keep about NT$500,000 in cash on board, so if their boat was detained by Philippine seamen, giving them the cash usually could ensure the crew’s safety and the boat’s release.

The fisherman said he'd been having trouble since the early 1990s. Of course, remember that to Manila, many of these fisherman are poachers.

“Taiwan wants to be a peacemaker in this part of the world, and to shed the once troublemaker image in the international community,” Ma said. July, 2008

The excellent Philip Bowring in SCMP scolded the Ma Administration for its reaction..... and correctly identifies the racism and contempt for the too-brown Filipinos that is coloring the reaction here in Taiwan:

For sure, the Philippine coastguard was guilty of the trigger-happy behaviour so common in a country which inherited its gun culture from the US and whose armed services are not known for their discipline. But the reaction by the government in Taipei, with economic and other sanctions, is out of all proportion given that this unfortunate event was clearly the result of local misjudgment rather than the state policy of the sort which sends Chinese warships well within the Philippines' exclusive economic zones, not to mention several incidents when Chinese vessels have opened fire on Vietnamese fishing boats and killed people.

For the Han chauvinists, an apology from the president of the Philippines is not enough. The Filipinos must grovel, be reminded that they, like Malays generally, are the serfs of the region. It fits well with the Hong Kong government's arrogant categorising of the country as in the same danger league as Syria because of the unnecessary loss of life in the bus hijacking incident.

The action of the Filipino coastguard was out of proportion, even assuming the fishing vessel was in Philippine waters and resisting arrest. But Taiwan's large, well-equipped fishing fleet is known almost worldwide for its contempt for others' fishing rights and the attempts to limit fishing to preserve species.

Bowring put his finger on one of the major obstacles here: so often in Han culture, winning must encompass not merely attainment of objectives but also humiliation of the opponent. Bowring's review of the issues is excellent and should be read in its entirety. The Economist also had a surprisingly good piece on the issue, from the PRC angle.

Finally, can't leave without mentioning this piece in the rabidly pro-Beijing WantWant China Times, which says the death of this fisherman could be a turning point....

Both Taiwan and the Philippines have long been allies of the United States. But the outcry in Taiwan over the killing could well push the country toward China, with Beijing only too happy to back Taiwan up.

It won't, but it shows the hopeful blindness of so many in the pro-Beijing crowd, always waiting for that incident that will at last make the Taiwanese realize their true destiny is with Beijing. Forever to be disappointed....

Taipei needs to walk things back, accept some kind of apology, compensate the widow quietly, and placate Manila. All this because if Taiwanese fishermen really need access to those waters, then the government should be moving to ensure that there is no long-term anger in in Philippines over this incident. Hopefully the adults in Taipei will stand up and be counted soon.....

PS: Latest TVBS poll from May 16 has Ma's approval still at 14% and his disapproval scores actually rising, to 70%. (Thanks, FM).

Allow me to take a few minutes to share with you the relations between the two countries. If you take a flight from Laoag, Ilocos Norte to Kaohsiung, Taiwan, it would take only 38 minutes, whereas a trip from Laoag to Manila would take 45 minutes. There is even a saying that goes: “When a cock crows in the most northern parts of Luzon, the people of southern Taiwan are likewise awakened.” It is also interesting to know that the people from Batanes and those from Orchid Island speak the same language. In addition, more than 50 percent of the typhoons that hit Taiwan are exported from the Philippines. From this, it is quite clear that Taiwan and the Philippines are indispensable to each other due to their exceptional geographical proximity. Oct, 2010.

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Phils/Taiwan Mess Roundup 4: No animal has lower IQ than a nationalist mob screaming for blood

Looking back at his life, it seemed to him that he had been struggling all the time to dam a flood, which, whenever he had checked it, had broken through at a new place, setting him his work to do again. It was the flood of Force Majeur.

The image above is the kind of bullshit that is all over Facebook and the bulletin boards this week, a depressing cycle of stupidity and ignorance morally legitimated by nationalist posturing. The Taiwan media is awful. Most Taiwanese have no idea how their fisherman behave overseas or about any of the politics of the issue. They couldn't tell an EEZ from a hole in the ground. The government simply yanks their nationalist chains and off they go, even petitioning the White House in the best petitioning-the-emperor style in which Taiwanese conduct their foreign affairs. Stories are running around the net of Filipinos refused service (a hoax), and even a beating or two.

There are bullet holes in the front of the boat in that image. This suggests that the boat was head on toward the shooter when those shots were fired. What does that tell you about the Phils story their boat was about to be rammed? All wrong, according to pics provided by Taiwan government. See update below.

The government, while condemning Philippines as a bunch of irrational and backward savages...

Premier Jiang pointed out yesterday that Philippine institutions and methodologies differed greatly from ours. 

...Piously called upon the public to show great forbearance toward Pinoys in Taiwan. AP reported that Phils fears for its workers in Taiwan and advised them to eat indoors.

Bloomberg identified the right angle with a story on how this is really sublimated frustration with the incompetence and weakness of the Ma Administration, directed outward, as well as with Taiwan's weak and ambiguous place in the world....

The 60-year-old blamed Ma Ying-jeou, whose approval rating is 14 percent, for an economy that grew at one of the slowest rates in Asia last year, sparking January protests that helped trigger the resignation of Premier Sean Chen. When a Philippine patrol boat crew killed a Taiwanese fisherman a week ago, Liu and others found an outlet for their fear of being bypassed in Asia’s recovery.

“We’ve been frustrated for so long,” Liu said, adding Ma should be even tougher on the Philippines. “We’re so full of anger, so disappointed and dissatisfied with our government.”

Ma is seizing the moment to press President Benigno Aquino for a formal apology as Taiwan grocers pull Philippine goods from stores and travel agencies cancel trips, an approach that risks denting efforts to boost trade ties in Asia. His reaction may say more about Taiwan’s feeling of weakness in a region of emerging powers that don’t officially recognize its government.

Clever of the KMT to harness frustration at the President and Taiwan's international position and redirect at Manila. Just think, people can forget for a moment that wages are at late 1990s levels, that income is stagnating, that housing prices in Taipei and elsewhere are ridiculous, that income equality is getting worse, that the rich are largely untaxed, that the President is a failure in most areas of policy (unless you're rich) etc etc etc. Just need some smaller nation to bully and the national blood pressure will fall.....

...and the DPP has fallen in with this policy! They should be arguing that the apology should be accepted, that things should be resolved quietly instead of loudly (best for the fishermen!), and constantly pointing out how the KMT's policy of isolating Taiwan is backfiring here. The DPP should be pointing out that only China is benefiting from this spat (a hidden motive of the Administration?). And also how Ma is pissing off the US. This is a golden moment for the DPP to take the high road. Argh.

Meanwhile the Premier warned that the boycotts were there to stay.

After the announcement of eleven retaliatory measures against the Philippines, Premier Jiang Yi-huah (江宜樺) sternly declared during yesterday’s Cabinet meeting that the ROC government would wage a prolonged boycott against the Philippines.

Premier Jiang pointed out yesterday that Philippine institutions and methodologies differed greatly from ours. He went on to say that the recent diplomatic row over the fatal shooting incident reflected the difficulties that the two sides had been experiencing in bilateral negotiations over the past several decades, adding that the ROC government’s recent decision to adopt a tougher attitude would mark a decisive turning point in the mode of interactions between Taiwan and the Philippines.

Finally, in the TT Paul Lin nails point after point, noting as many of have that the big winner is China:

The affair has revealed the sovereignty and human rights crises that Taiwan has found itself in with Ma at the helm and, unless things improve soon, these crises will only deepen. Since Taiwan’s sovereignty status problems are leading to human rights violations, the nation needs to reach out to the international community — in particular the US, which is “returning to Asia” — if it wants to turn things around. The US’ return to the region should not be only in a military sense, it also needs to be in terms of promoting universal human rights. This situation is more than just a standoff between two countries: It is a standoff between two opposing sets of values. However, since Ma took office and announced his “diplomatic truce” policy, Taiwan has had to keep silent in the international community.

Thanks to commenter RC on the first post on this for the link to this blog which analyzes the mess. It has an account of the story that rings true. I haven't checked it yet. But one point he makes is that the fishing boats were able to meet up with Taiwan CGA boats to escort them. Do the math. This means they had to have been chased for some period of time, enough to time for the CGA boats to come out to meet them. Which supports the Phils story of a long chase.....

I'm going to read The Once and Future King again. Are humans always doomed to behave like idiots? Is it forever going to be the case that a little dose of nationalism is going to induce amnesia about the incompetence of the government and the media?

UPDATE: Maddog flipped me the Taiwan government information. Bullet holes in the front are exit holes.

The bow:
http://www.moj.gov.tw/public/Attachment/35151627514.pdf

The stern:
http://www.moj.gov.tw/public/Attachment/351516262043.pdf

The cabin:
http://www.moj.gov.tw/public/Attachment/351516251843.pdf

Port (stern section):
http://www.moj.gov.tw/public/Attachment/351516233327.pdf

Port (bow section):
http://www.moj.gov.tw/public/Attachment/351516221042.pdf

Deduced bullet trajectories (diagram):
http://www.moj.gov.tw/public/Attachment/351516203472.pdf

… all found via this page:
http://www.moj.gov.tw/ct.asp?xItem=305771&ctNode=27518

I'm certainly not saying you should trust this government's version of the events, but do look at those images. The holes near the bow — note that there are only two — are marked as "exit" holes.

and this comment:

Evan
"Stories are running around the net of Filipinos refused service (a hoax)"

Why do you think the stories of Filipinos being refused service are a hoax? We've heard multiple stories from our local Filipino worker community here in Nanzih District, Kaohshiung. And there are newspaper reports of signs being put up at establishments in Changhua.

It actually looks more to me like there's an informal movement on Facebook to discredit the stories by repeating the "where's the evidence" line.

Evan, there was one particular tale of a Filipino who had waited an hour until some kind Taiwanese woman saved him. Hoax, apparently. Thanks for the pointers. Have images of the signs in Changhua?
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Daily Links:

• Hegemonic warfare watch: Chinese general says Okinawa belongs to China. 
• History: British WWII bombing of Formosa, part 3. This blog is fantastic. 
• ETRC rounds up a few stats on Taiwan's sluggish recovery.
• Surfing Southeast Taiwan
• Confucius Institutes: Uni in Sydney kow-tows to China, blocks Dalai Lama visit.

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[Taiwan] Don't miss the comments below! And check out my blog and its sidebars for events, links to previous posts and picture posts, and scores of links to other Taiwan blogs and forums!

Rounding up the Phils/Taiwan mess: Take 3 =UPDATED=

A spider awaits prey in the early morn in a field near my house.

Well, by now I'm sure you know that the Ma Administration rejected the Philippines apology as "lacking in sincerity" (yes, well Mr. President, that's a common problem with apologies extracted at gunpoint). Sanctions have now been imposed. The Taipei Times listed....

The eight measures proposed yesterday morning by the government after a national security meeting, are issuing a travel warning that discourages Taiwanese from traveling to the Philippines, the suspension of high-level meetings at the World Health Assembly, the suspension of economic exchanges, the suspension of cooperation on agriculture and fisheries, the suspension of cooperation on technology, the suspension of negotiations on air space rights, the suspension of the visa-free program for Philippine nationals and that Taiwan would hold military exercises in disputed waters.

The first wave of sanctions — the suspension of the hiring of Philippine workers, recalling Taiwan’s representative to the Philippines and sending the Philippine representative to Taiwan back to Manila — also took effect yesterday after the Philippine government failed to meet the Ma administration’s demands by the president’s deadline.

These are truly over the top. For example, there's no travel threat to Taiwanese in the Philippines. Meanwhile the Navy and the Coast Guard held exercises today in a show of force. Oz Soapbox has a detailed review of the whole apology mess with a bonus observation -- he thinks China is dictating the Philippines' response (I do not agree).

The sanctions will continue until (KMT news organ):

The Premier stressed that the 11 retaliatory measures would remain in effect until the Philippine government formally fulfilled the ROC’s four stern demands in a positive and concrete manner, i.e., the Philippine government must formally apologize, punish the culprit (s) and indemnify the family of the deceased and the owners of the fishing vessel for property damages, as well as begin fishery agreement negotiations as soon as possible. The Premier disclosed that the government was currently assessing whether or not to adopt stronger measures in a third wave of sanctions.

Me Tarzan! (thumps chest).

Lots of commenting and observations. Ben over at Letters from Taiwan notes how neatly Manila has used the One China policy, which Ma supports, to avoid talking to Taipei. Ma is actually playing into Beijing's hands....

More LOLs today as permanent Legislative Speaker Wang Jin-pyng (王金平) obviously didn’t get the memo from David Lin over at MOFA, that Beijing’s One China policy means a) China is not cooperating with Taiwan on the spat with the Philippines and b) is actively blocking attempts by Taiwan and the Philippines to sign a fishing agreement. Wang, instead, is pissed off that Philippines President Aquino has cited the One China principle as why the highest levels of his government cannot comment directly or speak to Taiwan on the issue of the shooting incident (or “blame Beijing because they don’t want us to talk to you Government to Government as equal bilateral international state actors”):

First, although I disagree with his acceptance of the toxic One China policy, Aquino is exactly correct in what he says. No amount of indignant exclamations to the contrary will change that fact. Perhaps Ma ‘The Constitutionalist’ Ying-jeou now understands what Chen felt like when he was similarly rebuffed and belittled in the international community. No wonder the KMT is up in arms given that they used to haul Chen across the coals for every slight against Taiwan’s international standing as evidence of his provocative ideological stance on simply stating that de facto independent Taiwan should be treated with some respect as a nation state. This is deeply deeply embarrassing for them. Furthermore, it belies the utter failure of the Ma’s diplomatic truce and mutual non-denial chimeras. Dear Wang, the Philippines can treat you that way and they are treating you that way and if you have a problem with it perhaps you should call the Presidential office to enquire how your Party’s President’s One China policy is not delivering any meaningful growth in Taiwan’s international presence or soft or hard power.

One should also note that Ma promised to be a peacemaker, not a troublemaker, when he took office years ago. Yet here he is cranking up temperatures with Manila for no reason other than to pander to the local electorate.

Of course Ma may also be nudging the island toward China by making it appear it has no friends but Beijing. I've commented many times on how Ma's longterm policy with the US and Manila and other potential friends is one of keeping things irritated, to isolate Taiwan and help tip it into Beijing's hands by creating doubt and resignation among Taiwan's population. My man Ben also posted a useful piece from Stratfor on how Taiwan's South China Sea policies and other policies in the area play into Beijing's hands. The relationship between the One China policy and this mess is so obvious that the Taiwan government was forced to publish a statement denying it.

Another possibility: note that one of the four demands of Taipei is the opening of fishery negotiations with Manila. Looks like they want to use the fisherman's death as moral leverage to gain this concession. But of course as long as Manila adheres to Beijing's version of the One China policy, negotiations might be a problem.

Finally, a commenter on another forum observed that Ma might well be trying to imitate Beijing's bullying of Manila over the Scarborough Shoal.

I'm also wondering if Ma would be more conciliatory if Filipinos weren't so brown-skinned.

And with all this deployment of the Navy and shuttling military and Coast Guard hither and yon, anyone hearing calls for increased military spending? LOL.

The US, as noted in the State Department briefing I posted below this, is not taking a side. I hope AIT has people in there telling Ma to calm down. Reps Steve Chabot, longtime Taiwan supporter, and Eni  Faleomavaega, who frequently takes Beijing's positions, both fired off a press release calling on Manila to apologize. Hmmm.... could it have something to do with the tuna canneries in Faleomavaega's district of American Samoa, whose longline tuna fisheries are operated by Taiwanese (and Koreans).

Speaking of which, the DPP is frothing at the mouth in its attempt to move to the right of the KMT on this issue. If only the party had shown some statesmanship, hewed to the center, and called for cooler heads until after the investigation was over. Lamenting this failure, Ben once again put it well...

Now here they are rightly pointing out that the Once China policy belittles Taiwanese sovereignty but refusing an apology that might defuse the situation.  It doesn’t get much more uncoordinated and Keystone Cops.  It’s almost as if there’s an election coming up.

Meanwhile, for some strange reason Manila is not rolling over for Taipei. A Philippines paper carried a Xinhua report that the government there has refused to let Taipei into the investigation of what happened in the incident. The government probably isn't much concerned because, as a Filipino news site observed:

The hiring freeze imposed by Taiwan against overseas Filipino workers (OFWs) in the aftermath of the killing of fisherman Hung Shih-cheng in disputed waters should have no significant impact on the Philippine economy, a top government official and an economist both said Thursday.

“There are only around 2,500 Filipinos deployed monthly [to Taiwan],” Labor Secretary Rosalinda Baldoz told GMA News Online in a phone interview on Thursday when asked to comment on a Taiwanese media report.

She said that imposing other sanctions, such as sending the OFWs back home, would do more harm to Taiwan's economy than the Philippines'.

Baldoz estimated that there are around 85,000 OFWs working in Taiwan, a mere 0.0085 percent of the estimated 10 million Filipino workers around the world.

Of the 85,000, some 75 percent work in the manufacturing industry. The rest work in the personal service sector or in the fishing industry as fishermen.

Pulling out Filipino workers could make an impact on Taiwan's economy, especially the manufacturing industry, where they dominate the specialized work force, said Baldoz. There are Filipinos who have set up manufacturing and production companies there, she added.

“I don't think this [the job freeze] will be very significant economically,” agreed University of Asia and the Pacific senior economist Victor Abola, citing Taiwan's contribution to remittance and foreign direct investments (FDI).

“Investments or trade could be delayed, but that's just it. This is not something we will lose sleep about,” the economist added.

Aquino has been winning points among his own voters for his handling of foreign affairs, according to some reports I have read. There seems to be little incentive for Manila to kow-tow.

UPDATE: Forbes makes same point. Filipinos work in high tech where they are prized for, among others, their English skills. Also, this morning a friend and university prof told me the financial aid for his Phils grad students has been canceled. *sigh*

Finally, speaking of tensions, the drip-drip-drip against Okinawa continues. Global Times of China says that China should support Okinawan independence. Looking forward to that moment not far from now when Beijing starts diddling with Okinawan visas.

REFS: Interesting paper on military oversight of the Taiwanese fishing industry in the martial law era.
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State Department Brief May 15, Taiwan section on Phils/Taiwan clash

A walkway along a section of the old Hengchun city wall.

State Department Daily Press Briefing, May 15, 2013. Main questioner, I heard, was John Zhang of CTITV

+++++++++++++++++

MR VENTRELL: It looks like we have some questions maybe on the Philippines and Taiwan. (Laughter.) I’m just guessing.

QUESTION: Yeah. Patrick, do you have anything new to say on the fatal shooting of the Taiwanese fisherman by the Philippines? Jen said a couple of days ago that the United States was in contact with both Taiwan and the Philippines. How is your communication with both sides? How effective is your communication? Because the problem seems to be far from ending. Thank you.

MR. VENTRELL: Thanks for the question – John, am I correct?

QUESTION: Yes.

MR. VENTRELL: Thanks, John. So, we’re concerned by the increase in tensions between two neighboring democracies and close partners of the United States in the Asia Pacific region. We note that the Philippine President appointed a personal representative to Taiwan to convey his deep regret and apology to the family of the fisherman and the people of Taiwan. We welcome the Philippine Government’s pledge to conduct a thorough and expeditious investigation into the incident and cooperate promptly and fully with Taiwan investigators. We urge the Philippines and Taiwan to take all appropriate measures to clarify disagreements and prevent recurrence of such tragic events. And we continue to urge both parties to ensure maritime safety and to refrain from actions that could further escalate tensions in the region and undermine the prospects for a rapid and effective resolution of differences.

QUESTION: How is your communication with both sides so far?

MR. VENTRELL: You know that these are partners with whom we have extensive relationships. I’m not going to get into the day-to-day readout of our diplomacy, whether it’s from Washington or our posts overseas. But I’m just not going to get into that level of detail.

QUESTION: Patrick, just about some factual data, is it – have you learned exactly the location of the incident? And when the investigation will be revealed to the public? So far, how much fact have you learned?

MR. VENTRELL: I don’t have any information on when the investigation may be completed, and refer you to the Government of the Philippines. But it appears the incident took place in or near disputed waters where the Philippines and Taiwan both claim fishing rights. The United States does not take a position on the proper location of a maritime boundary in that area.

QUESTION: What is “in or near disputed area” – so it’s disputed whether it’s in disputed area or not?

MR. VENTRELL: I mean, again, that’s a pretty rough estimate.

QUESTION: Can’t you just say it’s in disputed area then?

MR. VENTRELL: Again, this is in or near disputed waters. That’s all the accuracy we – that’s all the level of detail we have.

QUESTION: And that’s everywhere in the world, correct?

MR. VENTRELL: (Laughter.)

QUESTION: Everywhere in the water, it must be in or at some point near to disputed waters. (Laughter.)

MR. VENTRELL: The point is, Brad, we’re not able to pinpoint exactly whether it was inside the disputed waters or --

QUESTION: It was in the water.

MR. VENTRELL: -- or very nearby that disputed area.

QUESTION: Okay.

MR. VENTRELL: That’s the point. Bingru, go ahead.

QUESTION: Taiwanese leader Ma Ying-jeou actually rejected the Philippines apology as lacking sincerity. Do you consider Philippines apology is sincere?

MR. VENTRELL: Well, again, in terms of an apology, this is a determination for the Taiwan authorities to make, and they can discuss that as appropriate directly with the Government of the Philippines. So that’s a judgment that they’re making.

QUESTION: And you also mentioned your concern about the increase tension. Are you concerned this conflict, as it’s rising, would undermine the U.S. interest in Asia Pacific?

MR. VENTRELL: Again, I’m not going to draw sort of that broad a conclusion, other than to say that we’re concerned about this increase in tension. And so these are two partners that we have a robust relationship with both of them and we want them to work through their differences on this issue as expeditiously as they can.

QUESTION: So, to what level do you have contact with both side?

MR. VENTRELL: I already answered that question, that we have diplomatic discussions, but I’m just not going to get into the back-and-forth of every discussion at every level.

QUESTION: Patrick, the death of the Taiwanese fisherman was a main factor why there has been outrage all over Taiwan. The United States has expressed regret over the death of the fisherman. Would the United States express something more than regret? Sympathy or – because, after all, Taiwan is an ally of the United States, as you say.

MR. VENTRELL: It is up to the Philippines and Taiwan to determine the specific terms of the resolution on this immediate issue. We’ve said we have already on the specific incident.

Nike, you go ahead. You’ve been waiting in the back.

QUESTION: Yeah. Patrick, you mentioned several times about maritime security. Broadly speaking, is it against the code of conduct or the freedom of navigation to use violence against any party in disputed waters?

MR. VENTRELL: Well, code of conduct is something that’s still being worked through, and it’s something we’ve encouraged, so that there are rules of the road. And so this is not something that is a process that’s been completed, but it’s precisely incidents such as this which underscore the need for a code of conduct as we work through these issues in the wide range of the Pacific where there are disputed areas of territorial waters and other claims to various territories.

QUESTION: Well, Patrick, there are some story indicated that U.S. has dissuaded Taiwan to send a military ship to protect their fishermen. And – so I would just wonder, do you want it clarified, does U.S. really involve in this kind of conversation? And – because there is some criticism from Taiwan about a U.S. action.

MR. VENTRELL: Yeah, I’m not aware – I don’t have any information on that one way or another on that specific item. I think I’ve done what I can on this issue. Are there – one more.

QUESTION: Yeah. Taiwan says apology from Philippine over the shooting is inadequate, and threatens to impose more sanctions. How do you see these sanctions?

MR. VENTRELL: I already answered that question. So, okay.

QUESTION: (Off-mike.)

MR. VENTRELL: Different topic?

QUESTION: Yes.

MR. VENTRELL: Nike, go ahead.

QUESTION: Yeah. I apologize if this issue has already been addressed, because I’m a little late. Secretary Kerry is in Sweden for the Arctic Council --

MR. VENTRELL: Yeah.

QUESTION: -- and today six countries, including China, Japan, South Korea, have become – has become the permanent observer. And so I wonder if you have anything on that. What is the rationale for the United States to support China’s permanent observer status, and what does the United States expect from China in the Arctic Council? Thank you.

MR. VENTRELL: Well, the Secretary already spoke to this pretty extensively, so we’ll get you his comments and reaction. You know that the chairmanship will go to Canada for the next two years, and then we look forward to the U.S. having the chairmanship here, and that these additional observers were added. But I really don’t have any information beyond what the Secretary said.

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More on the Phils/Taiwan Fisherman Mess

Delivering veggies in Tsaotun

The Taiwan Coast Guard has a couple of reports on its website about this (like to thank the anonymous commenter on a previous post). This one says the shooting occurred at "approximately 164 nautical miles south-east of Eluanbi (latitude 20 degrees 07 minutes east longitude 123 degrees 01 minutes)". The CNA graphic complete with a bit of unseemly nationalistic blood, has it located....

It is difficult for me to look at that graphic and not see the Taiwanese boats as operating in Philippines waters. In fact (read on below!) Manila has it in a slightly different location. Fortunately the CNA went out and solicited the unbiased opinions of experts from Taiwan who assured us the Taiwan boats were operating legally:

Hu Nien-tsu, director of National Sun Yat-sen University's Center for Marine Policy Studies, said that according to Article 51 of the 1982 United Nations Convention on the Law of the Sea, as a neighboring country to the Philippines, Taiwan's fishing boats have rights to legally operate in the Bashi Channel as well as rights to exercise their traditional fishing rights within the Philippines' archipelagic waters.

The article stipulates that an archipelagic state shall "recognize traditional fishing rights and other legitimate activities of the immediately adjacent neighboring states in certain areas falling within archipelagic waters."

Hu said that when disputes arise, it is necessary for the Philippines to reach bilateral agreements with Taiwan.

Liu Fu-kuo, a researcher at National Chengchi University's Institute of International Relations, also said that the Philippine coast guard officials' decision to fire at the Taiwanese fishing boat is against international law and other laws related to the sea.

Here is Article 51 of UNCLOS.

1. Without prejudice to article 49, an archipelagic State shall respect existing agreements with other States and shall recognize traditional fishing rights and other legitimate activities of the immediately adjacent neighbouring States in certain areas falling within archipelagic waters. The terms and conditions for the exercise of such rights and activities, including the nature, the extent and the areas to which they apply, shall, at the request of any of the States concerned, be regulated by bilateral agreements between them. Such rights shall not be transferred to or shared with third States or their nationals.

The Taipei Times, in an empty and jingoistic editorial the other day, also referred to UNCLOS.

By opening fire on the Taiwanese fishing boat and killing the fisherman, the Philippines has violated the UN Convention on the Law of the Sea, which bans use of force against any unarmed fishing boat. The Ma administration should not passively wait for “positive responses” from the Philippines.

This pious reference to UNCLOS is somewhat ironic, given that the Republic of China is not a signatory (Wiki).

The editorial refers to the South China Sea and disputed waters, but the area in question is not either. Bringing up tensions and mixing up waters east of the Philippines with waters west of them is simply an attempt to snow the reader with appeals to nationalist emotions. Sad.

I got to wondering about the whole "traditional fishing grounds" claim, which is popping up in the media. Here is a paper on the history of longline tuna fishing in Taiwan. It notes:

When tuna longlining fishing was first introduced to the Toko and Takao fishing ports, local fishers only used sail-powered boats in coastal waters. They even believed, wrongly, that sail powered longliners were more suitable to harvest tuna than motored vessels. However, the situation gradually changed after the mid-1910s when Taiwan’s tuna fishing industry gradually expanded its fishing territories to greater distances which only motored vessels could reach.

Prior to the Japanese period, ships from Taiwan were not motored and did not go far from Taiwan's coastal waters. It was the Japanese who encouraged the development of the industry, and drove its southward extension, which reached 250 miles from Taiwan only in 1928, according to the paper.

This is worth stating out loud, and it applies to the Senkakus as well: these do not appear to be "traditional" fishing grounds. Neither are the Senkakus. Both became accessible to Taiwanese only after the Japanese introduced motor technology to local fishermen and encouraged Taiwanese fisherman to venture further south. Taiwanese fishing in Philippines waters is an extension of Japanese colonial policy. The idea that they are "traditional" is simply a way to do an end run around UNCLOS so Taiwanese fisherman can continue to poach fish in other people's waters -- and in the Senkakus case, attempt to buttress China's claim to the Senkakus.

It should be mentioned that Japan and the Philippines both have formal defense treaties with Uncle Sam.

Meanwhile the President continues to demand that Manila give... (KMT news organ).

The 72-hour deadline set by President Ma for the Philippines will expire at midnight today. It demands an official response about the incident involving a machine gun shooting on the ROC fishing vessel Guang Da Xing No. 28 (廣大興28號) by a Philippine coast guard cutter, killing its skipper Hung Shih-cheng (洪石成). During interpellations in the Legislative Yuan yesterday, Foreign Minister David Lin (林永樂), stated that according to the information that the Ministry of Foreign Affairs (MOFA) had on hand, the government of the Philippines would issue a statement in response to Taiwan’s demands, explaining Manila’s position on the issue today.

The "tough" response of Taipei should be set against the more mild responses from Beijing to the deaths of its fisherman at the hands of South Korea and Russia in the last couple of years, a sharp observer of Taiwan pointed out. The government's demands are (CNA):

Taiwan has demanded a formal apology from the Philippines, compensation for the victim's family, an investigation into the incident and punishment for the perpetrators, as well as open fishery agreement talks with Taiwan as soon as possible.

If Manila does not issue an appropriate response by midnight Tuesday, the government said it will "immediately" suspend the processing of applications by Filipinos seeking employment in Taiwan, recall its representative to the Philippines and demand that the Philippines' representative to Taiwan return to Manila.

Taipei has already done that before, in 2011, as I noted in the post below. In fact some people are wondering aloud whether this is payback for that humiliation Manila handed Taipei two years ago. In 2006 Philippines Coast Guard boats killed another Taiwanese sailor.

The Manila Times had a report from AFP, the Philippines press being occupied with the elections there:

But Philippine coastguard spokesman Commander Armand Balilo said the incident took place in Philippine waters and the Filipino personnel had been properly carrying out their duties to stop illegal fishing.

"If somebody died, they deserve our sympathy but not an apology," Balilo told reporters.

Balilo said the incident happened just north of the main Philippine island of Luzon in the Balintang channel, which is part of the Philippines' territory and not claimed by any other country or Taiwan.

"This is part of Philippine waters," he said.

Balilo said the 30-metre (100-foot) coastguard vessel initially saw two fishing vessels and tried to approach them. He said the coastguard crew fired at the smaller of the two vessels after it tried to ram the Filipino boat.

"They fired at the machinery to disable it. They were able to disable the vessel although they were not aware at the time that somebody had been hit," he said.

Balilo said the coastguard quickly left the area after it saw a third vessel, "a big white ship", come into view.

"Our people felt threatened so they left the area," he said.

Note that the two nations locate the incident in different though close places. President Aquino appealed for calm in Taipei.

Taiwan media are reporting that there is going to be a joint investigation. Let's hope there's a video out there that can help settle this mess.

Scary and sad, so many times when I look at pieces in English about this mess, I see little or nothing about the Philippines' claim that the boat was trying to ram the Philippine Coast Guard vessel (China Post, Commentary in TT). Merely the summary that the fisherman was shot. It's as if the Philippines vessel had no motive for its action.....

The KMT news piece had a comically sad comment at the end....

In addition, Minister Lin also pointed out that the Mainland was not a positive factor in the matter of concluding a Taiwan-Philippines fisheries agreement, adding that one of the main reasons that Taipei and Manila had failed to conclude an agreement after five rounds of fisheries talks was precisely the “One China factor.” He noted that the Philippines was rather concerned about the Mainland’s views, adding that, “the Mainland has not given us a helping hand in this matter.”

What? Beijing not helping Taipei in an international agreement? Who could have predicted that?

REFS: J Michael Cole's piece in The Diplomat, which mentions another aspect: an ongoing cyberwar between hackers from both countries.
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Japan-Taiwan Senkakus Fishing Agreement Makes a Splash

A spider grabs a bee for lunch in Taichung.

The Ma Administration finally did something right. News swept the region and the world this week that Japan and Taiwan have entered into a fishing agreement for the waters around the Senkaku islands...will there be peace? (Japan Times):

Japan and Taiwan concluded a long-awaited fisheries agreement Wednesday in Taipei after officials from both sides formally resumed negotiations for the first time in four years.

The deal will allow Taiwanese trawlers to operate in part of Japan’s exclusive economic zone near the disputed Senkaku Islands in the East China Sea, sources close to the talks said.

Under the deal, Japan and Taiwan will designate an area in Japan’s EEZ as jointly managed waters where fishing by both Japanese and Taiwanese boats will be allowed.

The jointly controlled zone excludes waters within a 12-nautical-mile (19-km) radius of the Japan-held Senkakus.

Since things remain to be negotiated, the two sides agreed to set up a joint fisheries committee to carry on with the work. The Asahi Shimbun pointed out that the lack of agreement meant that Japanese Coast Guard vessels had seized many Taiwanese boats; this should now stop. Michal Thim at Taiwan Perspective gives the details of the agreement. Thim notes:

From Taiwan’s perspective, reaching a deal on fishing rights is the optimal result. Taiwan does not have physical control over the islands and has limited means and thus basically no reason to try and acquire physical control. Domestic public opinion does not allow for a strong anti-Japanese stance and Taiwanese are little interested in territorial nationalism. Thus, fishing rights are the only issue that the public really cares about and this is well reflected by politicians, both from ruling Kuomintang (KMT) and Democratic Progressive Party (DPP), who face major elections every two years.

As a number of analyses have pointed out, the fishing agreement makes Ma look good at home. On the Japanese side, the agreement enables Tokyo to split Ma from Beijing by offering him a deal. Democracy at work, Ma is following the same policies the DPP did for the same reasons, because they are popular at home. One of the ways Taiwan's democracy protects Taiwan is that it helps enforce such outcomes regardless of which party is in power. The public cares about fishing rights, but does not care about ROC territorial claims, since it identifies with the ROC only to the extent that the ROC is identified with Taiwan. Although, I suspect Washington was quietly working in the backrooms, pushing for Taipei to mend fences with Tokyo and to stop irritating relations with Japan. Corey Wallace, writing on the Japanese media:

While the Japanese Chief Cabinet Secretary Suge has already argued publicly that the agreement was to restore order over the East China Sea fishing issue and not to “split” China and Taiwan over perceived cooperation surrounding the Senkaku sovereignty dispute, no one, including the Japanese media, believes him. Both Jiji (日) and Yomiuri (日) report that an additional reason for the agreement is indeed to silence repeated Chinese calls for PRC-ROC cooperation over the territorial dispute. Jiji notes that domestically Ma has been forced to become somewhat less of a “hardliner” on the territorial dispute, and Japan’s willingness to make significant concessions played a part in pushing Ma towards relaxing his stance (Richard Katz, of The Oriental Economist, notes in a NBR post that many in Taiwan wanted to prioritize the fishing issue over the territorial issue, as also noted by Michal).

Wallace also described that PM Abe comes out of a line of politicians who are pro-Taiwan and who were more willing to make concessions. His and Thim's writings are excellent and should be read in their entirety.

BBC reported that Beijing was whining, as usual. On the surface it looks like Ma's coordination of "activism" in the Senkakus with Beijing will now be curtailed, to Beijing's detriment. I wonder seriously about this and about whether this will backfire on Tokyo and Washington....

For one thing, the agreement is to set aside "sovereignty" differences -- an actual application of mutual non-denial -- but does anyone really not believe that come September, the traditional month of traducing Tokyo, that "activists" campaigning "with no official backing" (the last time they were apparently funded by WantWant owner Robert Tsai) will nonetheless appear off the Senkakus, guarded by Taiwan's mighty water-firing coast guard cannon and fomenting incidents with Japan? After all, two more ships were just commissioned expressly for the purpose of safeguarding sovereignty in contested waters and fishing rights, said Ma hisownself. Taipei can always claim they were freelancers and there is nothing it can do.... the fact that this option exists and of course Tokyo must be aware of it suggests that there is either a secret protocol or an informal agreement that activist stupidity must cease. Otherwise Tokyo is going to look pretty inept when the Ma government shrugs with feigned helplessness and allows "activists" to perturb its relations with Tokyo over some rocks which only Beijing and the KMT argue are Chinese.

But let's say that all is well and the KMT Administration really does restrain its tiny menagerie of pro-Bejing loon-activists. Well hello! What will Beijing have to do to make up for the absence of Taipei as its proxy prick against the goads of Tokyo? Step up the pressure, that's what! Ironically, this agreement to make tuna, not war, might actually result in greater trouble in the Senkakus by removing the Taiwanese proxy and replacing it with real Chinese warships facing Japanese ships. The CS Monitor's staid approval notwithstanding, we'll have to wait for the annual fall antics of Beijing and "activists" in Hong Kong and Taiwan before we really have a handle on what this means.
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Daily Links:

• Way cool not Taiwan: NASA video: Watery environment on Mars
  

  "What the Curiosity team has found is incredibly exciting. When we combine what we've learned from our remote sensing and contact science instruments, with the data that's coming in from CheMin and SAM, we et get a picture of an ancient, watery environment, which would have been habitable had life been present in it."

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[Taiwan] Don't miss the comments below! And check out my blog and its sidebars for events, links to previous posts and picture posts, and scores of links to other Taiwan blogs and forums!