Tubbataha Reef Damage: US Navy To Be Charged (Trending Topic V)

       

Tubbataha Reef damage ‘worse’

 Written by : Efren Montano

The Philippine government sees no problem in extending help to the US Navy in extricating the minesweeper USS Guardian from Tubbataha Reef even as the damage there appears to have worsened.

Reports claimed that water is already seeping into the minesweeper which reportedly has damaged initially at least 10 meters of coral reef.

The Palawan government said it will ask the US Navy to pay for the damages as it will take about 20 to 100 years to fix the damaged reef, a marine sanctuary southeast of the province. Reports earlier said that an inaccurate navigation chart data has led to the grounding of the minesweeper.

Deputy presidential spokesperson Abigail Valte however  declined to comment on the U.S. Navy’s liability in the incident for now, pointing out the  Palace will wait for the investigation into the accident to be completed.

“Walang problema kung kakailanganin ang ating tulong,” Valte said.
The Malacañang official is also waiting for updates from the Department of Foreign Affairs on efforts to get the ship out of the reef with minimal damage.

The USS Guardian struck Tubbataha Reef last Thursday, and the US Navy cited the possibility of faulty digital navigation chart data that “misplaced the location” of the reef.
Meanwhile, Sen. Francis Escudero is planning to look into the accident involving a United States Navy minesweeper at Tubbataha Reef to uncover “posible violations” of Philippine and international laws.

Calling the incident a “very serious one,” Escudero, chairman of the Senate Committee on Environment and Natural Resources said that his panel may launch a probe to determine the culpability of concerned US Naval officials manning the ship.

Escudero said that the US government should “be held liable” for all damages after the USS Guardian, a US Navy minesweeper, ran aground on Tubbataha Reef, a World Heritage Site. 

On Thursday, the USS Guardian, a minesweeper, grazed parts of the Tubbataha Reef and eventually got stuck some 80 miles off Palawan.  Some reports indicate that at least 10 linear meters of the reef may have been damaged.

“The reef’s protection status has been severely violated, neglected. We are also looking at what other violations were incurred. We should demand not only for indemnity for damages but also for the restoration costs. Reefs are grown over centuries, the extent of the damage and what it will leave cannot be quantified in any amount,” Escudero said.

Tubbataha Reefs Natural Park is a 97,030-hectare Marine Protected Area (MPA) in Palawan. It is located 150 kilometers southeast of Puerto Princesa City, at the heart of the Coral Triangle, acknowledged as the global center of marine biodiversity.

Sen.Loren Legarda, on the other hand, said that the Philippines’ Visiting Forces Agreement (VFA) with the US government is “not a free pass” for American forces to enter the country whenever they wish even to the extent of destroying the country’s protected sites.

Legarda, chairperson of the Senate Committee on Foreign Relations, pointed this out over the weekend as she deplored the apparent “troubling pattern of environmental assault” that has resulted from the visits by US naval ships in the country.

In October 2012, the US navy contractor, Glenn Marine Defense Asia Philippines, allegedly dumped off Zambales hundreds of thousands of liters of sewage waste collected from visiting US military ships, in contravention of Philippine and international laws and regulations.  Legarda conducted an investigation into the matter and is expected to release the report.
A Mindanao House leader yesterday strongly urged Congress to revisit the Visiting Forces Agreement (VFA) and institute measures on environment protection and conservation.
House Assistant Majority Leader and Davao City Rep. Karlo Alexei Nograles stressed the review is not for the purpose of scrapping the VFA as proposed by some groups, but only to ensure reciprocity and mutual respect between the Philippine and the United States not only in its defense arrangements but also in protecting the environment.

“There is really a need to fine tune whatever defective provisions the VFA has relative to the incident especially on environmental issues,” Nograles said.

Nograles explained the inquiry is intended to correct whatever provisions the VFA contains that contravenes the country’s sovereignty and environmental laws.

“Why is the American ship at the Tubbataha reefs?,” the lawmaker asked.

However, Nograles said that reparation and possible damage claims that may be sought by the Philippines from the US as a result of the incident should be best left to the sound discretion and judgment of the Department of Foreign Affairs.

 

US to work with PHL in assessing damage to Tubbataha Reef

ANDREI MEDINA, GMA News

 
The US will work with the Philippine government in assessing the damage to the Tubbataha Reef caused by the grounding of USS Guardian, according to a statement the US Embassy in Manila issued Friday.

Ambassador Harry K Thomas Jr. also said in the statement the US will take steps to address the environmental issues that have arisen from the incident.

Moreover, Thomas expressed “profound regret” for the damage the USS Guardian, a 68-meter-long Avenger-class mine countermeasures ship, has inflicted on a UNESCO heritage site.

“I recognize the legitimate concerns over the damage caused to a unique and precious wonder of nature, internationally recognized for its beauty and biological diversity,” he said.

He also emphasized that the US embassy, along with the military, are working in commitment with their Philippine counterparts to remove the ship immediately to prevent further damage to the reef.

On January 17, The USS Guardian, ran aground on Tubbataha Reef after canceling a scheduled fuel stop at Puerto Princesa City in Palawan.

The Guardian was en route to Indonesia after a one-day port call at the Subic Bay, a former US Naval Base in Luzon.

No one was injured during the incident but both the ship and the Tubbataha Reef sustained damage.

The ship was described to be “badly” damaged as the reefs left several puncture holes to its hull, causing water to flood in.

Meanwhile, the full extent of damage to the 97,030-hectare Tubbataha Reef is to be determined upon the removal of the ship.

Authorities are inclined to the idea of extricating the ship through a crane ship, among other options such as dismantling it.

The Philippine Coast Guard and naval forces are also investigating the incident, even as park officials are determined to fine the US Navy after total damage to the reef shall have been determined. — LBG, GMA News

 

Government to Press Claim vs US for Tubbataha Damage

by: Butch Fernandez, Reporter

 MALACAÑANG vowed to press claims for a still- undetermined amount for damages caused by a US Navy minesweeper that ran aground at the Tubbataha Reef as soon as the crippled ship is extricated from the supposedly off-limits national treasure marine sanctuary on the Sulu Sea.

 

Palace Spokesman Edwin Lacierda cited Republic Act 10067, also known as the Tubbataha Reef National Park law, as he pointed out that the Tubbataha Reef National Park covers an approximate area of 97,030 hectares.

“Based on the initial [assessment of] dive[rs],” he said, the extent of  damage caused by the crippled US vessel extends to “approximately 1,000 square meters.”

Lacierda said President Aquino, who was scheduled to leave the country last night to attend the annual World Economic Forum in Davos, Switzerland, is being regularly updated on the progress of efforts to first remove the stuck vessel before authorities can assess the full extent of the damage and determine the amount of fine to be imposed for the destruction of the national treasure that has been declared as a World Heritage Site.

He said Palace officials have already discussed the matter with Foreign Secretary Albert del Rosario, adding, “do not be worried about our claims. We have the law. We will enforce the law. The Tubbataha National Park authorities should not be worried also.”

National treasure

“THIS is a national treasure and a world heritage site and, therefore, it is important to us. It is precious to us,” Lacierda affirmed. 

But he added that the primary consideration right now is to remove the ship from the reef. “Before discussing anything else, we have to ensure that we cause minimal damage to the reef itself during the period of salvaging the ship away from the reef.”           

Responding to questions during the briefing, Lacierda did not rule out the possibility that the Philippine government may elevate the case to the United Nations Educational, Scientific and Cultural Organization.

“The DFA [Department of Foreign Affairs] will be the lead agency in discussing this matter with their US counterparts,” he said.

Lacierda said an assessment team is “always there daily…that’s why they need to make sure that the salvage operation, if it takes place, will be done in a manner that will cause minimal damage to the reef. The US counterparts are there, the Philippine counterparts are there—this is marine protection.”

He explained that the Coast Guard is there precisely to act as a marine protection agency. “We cannot emphasize [more] the fact that this is a national treasure, this is a world heritage site and, therefore, we will do the best that we can to ensure that the extrication of the ship shall be done with minimal damage to the reef.”

At the same time, Lacierda confirmed that Philippine authorities have already done a “baseline assessment of the extent of damage to the reef itself.”

“We mentioned it on Tuesday—that there would be two assessments: [1] a pre-salvage assessment to determine the extent of damage; [2] after the ship is extricated, then we will do a post-dive assessment of the damage to the reef itself and that’s when we will be able to determine the extent of the damage,” he said.

Citing field reports, he added: “Right now, the ship is there. As to the concern of our environmentalists [that] while the ship is there, there’s fear that there will be additional damage that would be caused, we’re trying to take away the ship. We’re trying to make sure that the first and the paramount responsibility right now of the task force is to take away the ship.”

Lacierda clarified, however, that “this [does] not mean that we are minimizing or reluctant to press our claim. I spoke with Secretary Albert del Rosario last Monday and we are determined to press our claim.”

Initial assessment on the extent of the damage on the Tubbataha Reef from the grounding of the USS Guardian could have already reached 1,000 square meters, the Coast Guard spokesman, Lt. Cmdr. Armand Balilo, said on Wednesday.

“Based on the finding, 1,000 square meters more or less could be the damage on the reef,” Balilo said, citing a report from the Task Force Tubbataha that was conducting the assessment.

The task force is composed of the US government, US Navy, Philippine Navy and Philippine Coast Guard divers and environment experts.

Balilo said one of the options is to remove first the fuel of the warship to avert possible oil leak that may further cause harm to the Unesco heritage site.

“Either tanggalin ang fuel niya [warship] saka ang ibang mga equipment in preparation for the salvage operation,” he said.

Balilo said the task force was already in its final preparations of extricating the grounded minesweeper ship off Tubbataha Reef on Sulu Sea.

USS ‘Guardian’ violations

THE USS Guardian that ran aground and damaged the Tubbataha Reef in Palawan violated at least five laws, for which the United States government should be held accountable, according to the Tubbataha Protected Area Management Board (TPAMB).

In a statement, the TPAMB said: “This is an unfortunate incident.  No one wanted this to happen.  But, damage has been done.

The TPAMB is mandated to protect, preserve and promote the resources of Tubbataha Reef.

Among the violations committed by the USS Guardian are specified under Section 19 of Republic Act (RA) 10067 or the unauthorized entry within a protected marine area; Section 21 for non-payment of conservation fee; Section 30 for obstruction of law enforcement officer;  Section 20 for damages to the reef; and Section 26g for destroying resources.

The TPAMB intends to serve the US Navy with a formal notice listing violations of RA 10067 in connection with the grounding incident on January 17.

“We will ask them to take responsibility, and immediately pay the fines that can be estimated at this time,” the statement said.

According to the TPAMB, its actions are being done without prejudice to the results of subsequent assessments that have yet to be done to determine the extent of damage to the Tubattaha Reef, and its resources, as well as incidental damage arising from ongoing retrieval operations.

Further, the TPAMB said that subsequent to ship retrieval and the assessment of damage, the TPAMB intends to serve a second formal notice of violation to the US Navy that will quantify the estimate of destruction and the fines that must be paid.

International lawyers’ group hits US ‘intrusion’

THE International Association of People’s Lawyers (IAPL) on Wednesday denounced the Tubbataha incident as “deplorable” and described it as another “intrusion” of the United States on Philippine territory.

Because of this, the group has joined the call for the scrapping of the Visiting Forces Agreement between the Philippines and the United States.

The running aground of the USS Guardian at the Tubbataha Reef, a marine protected area, was the second incident this month that the US is caught encroaching on Philippine territory, the IAPL said in a statement. 

“It is an outright intrusion and a brazen insult to the country’s sovereignty and territorial integrity,” IAPL President and National Union of Peoples’ Lawyers (NUPL) Secretary-General Edre U. Olalia said in a statement.

The IAPL is a federation of organizations of people’s lawyers, jurists, law students, paralegals and legal workers in various countries. Some key NUPL members are also members of the IAPL.

The incident, according to Olalia, is indicative that the US is making the Philippines its “doormat” toward its thrust to maintain its political, economic and military hegemony and imperialist control over Asia and the Pacific.

The group is not convinced of the sincerity of Vice Adm. Scott Swift, US 7th Fleet commander, in expressing regret over the incident.

“Their expression of regret, based on historical and contemporary events, is suspect and unconvincing and therefore, unacceptable. Their proffered explanation why it run aground is again incredible. Sooner or later it will run out of excuses. The US must be held accountable for the destruction,” Olalia said.

“Instead of protecting its people and its territory, the government has made life easier for the US by opening up the country to US plunder, control and destruction. It is like offering a red-carpet welcome to an intruder.  The Visiting Forces Agreement for one, has always been a comfortable, ready but measly excuse for all these incidents,” Olalia added. 

 

INSIGHT:

The Philippine government should really take the necessary action and make US responsible for the harm caused by the US Navy ship's running through the Tubbataha Reef , that has caused damage to  our county's National Treasure. There shouldn't be an issue whether or not to press any charge against the one who violated the protection of one of our country's pride. I just hope, that justice be served and the government will stand firm, and not be controlled by the "partnership" we have with the United States.