Philippines: Information on whether the Filipino seamen in Halifax would enjoy police protection if threatened
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 1 March 1997 |
| Citation / Document Symbol | PHL26087.E |
| Cite as | Canada: Immigration and Refugee Board of Canada, Philippines: Information on whether the Filipino seamen in Halifax would enjoy police protection if threatened, 1 March 1997, PHL26087.E, available at: https://www.refworld.org/docid/3ae6ab4a28.html [accessed 8 June 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
For information on police protection, please consult Response to Information Request PHL26031.E of 12 March 1997.
For information on the general legal framework within which human rights are protected in the Philippines, please consult the attached 2 February 1994 United Nations report.
The following information was provided during a 10 February 1997 telephone interview with a professor of political science at the University of the Philippines in Quezon City, Philippines. The source is also the president of the Institute for Strategic and Development Studies, a private think-tank. In 1994 the professor was the director of the Asian studies program at the University of Toronto, and has published a number of academic articles on the Philippines.
The source stated that the Taiwanese government would not have an interest in harming the Filipino seamen in Halifax upon their return to the Philippines. The source added that Taiwan hopes to gain international respect through its handling the case of the Filipino seamen's case. As well, the Yang Ming Line Co. has economic interests in the Philippines and would not jeopardize them to protect the accused officers. The source added that it would not make sense for the company to harm the seamen to protect officers who committed a criminal act. Although the individual officers might attempt to take revenge on the Filipino seamen, the source doubted they would be able to carry out such action.
The source added that the Filipino seamen in Halifax would have no problems upon return to the Philippines.
The following information was provided during a 10 February 1997 telephone interview with the acting director of the Apostleship of the Sea-Philippines, an organization that provides assistance to Filipino seamen. The Apostleship of the Sea-Philippines is part of the Episcopal Commission for the Care of Migrants and Itinerant People of the Catholic Bishop's Conference of the Philippines, and is part of a worldwide network of 185 centres for seafarers. The organization provides legal assistance to seafarers through an agreement with a law office in the Philippines. The organization has handled several cases involving abuse of Filipino seamen.
In seven years of experience with seafarers and shipping companies the source has not seen a single case where a shipping company hired professional killers to harm or kill seamen. The source added that Taiwan and the Yang Ming Line Co. would have no interest in harming the Filipino seamen in Halifax upon their return to the Philippines. Taiwan and the Yang Ming Line Co. have important economic assests and investments in the Philippines and would not jeopardize them for a case like this. The source estimated that the individual Taiwanese officers might attempt to take revenge on the seamen, but was unable to assess this possiblity.
The source added that the Filipino seamen in Halifax would have no problems upon return to the Philippines.
The following information was provided during a 5 February 1997 telephone interview with a professor of political science at the University of North Texas in Denton who is a specialist on judicial politics in the Philippines.
The source stated that the Taiwanese government and the Yang Ming Line Co. would not have an interest in harming or killing the Filipino seamen in Halifax. The source estimated that the economic cost to the Taiwanese government and the Yang Ming Line Co. of harming or killing the seamen would far exceed any potential benefit. The source added that that individual officers could attempt to take revenge on the seamen.
The following information was provided during a 3 February 1997 telephone interview with the vice-president of the Taiwan Human Rights Association in Toronto. The source has been involved with the Fishermen's Service Centre (FSC) board between 1985 and 1990 as chairman for one year and as member for four years. The FSC is an organization that provides assistance to fishermen in Taiwan. The FSC is sponsored by the Presbyterian Church of Taiwan.
The source stated that over the years there have been several cases of mistreatment of seamen by Taiwanese ship officers. The source, who helped establish the FSC, added that since 1990 the Taiwanese government has stepped up prosecution of Taiwanese officers who mistreat seamen, and although improvements could always be implemented, the situation has improved significantly since the start of the democratic process under the current president. The Taiwanese government is less concerned about the Maersk Dubai than about the issue of repatriating the trial to Taiwan and demonstrating that Taiwan can be a full fledged member of the international community. This is a diplomatic issue that provides the Taiwanese authorities with an opportunity to show their concerns about the search for justice. It is also part of a long-term diplomatic and political struggle that Taiwan has conducted to create "diplomatic space" in order to avoid being swallowed by mainland China.
The source stated that the Taiwanese government would have no interest in harming the Filipino seamen in Halifax. On the contrary, if a trial were held in Taiwan the government would want the Filipino seamen to testify and would guarantee their safety. The last thing the Taiwanese government would want is to sacrifice its long-term economic interests in the Philippines to protect Taiwanese shipping officers. The source indicated that the Yang Ming Line Co. would certainly follow this line as well.
This Response was prepared after researching publicly accessible information currently available to the DIRB within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.
References
Acting director, Apostleship of the Sea-Philippines, Manila. 10 February 1997. Telephone interview.
Professor of political science, University of North Texas, Denton. 5 February 1997. Telephone interview.
Professor of political science, University of the Philippines, Quezon City, Philippines. 10 February 1997. Telephone interview.
Taiwan Human Rights Association, Toronto. 3 February 1997. Telephone interview with vice-president.
Attachments
Agence France Press (AFP). 27 December 1996. "28 Multinational Crew of Oil Tanker Held Hostage in Mutiny Off Nigeria." (NEXIS)
Calgary Herald. 12 September 1996. Tom McDougall. Final Edition. "Three Seamen Cited for Contempt: Lawyer Says Their Philippine Families Need to Be Protected." (NEXIS)
Country Reports on Human Rights Practices for 1996. 1997. United States Department Department of State. Washington, DC. [Internet] Bureau of Democracy, Human Rights, and Labour. (SHARENET)
The Houston Chronicle. 19 August 1996. 3 Star Edition. Kevin Moran. "Lost at Sea; From Backwaters to Major Ports, Seafarers are Abandoned With No Pay and Only Promises From Owners." (NEXIS)
Inter Press Service. 11 June 1991. "Labor: Filipino Seamen Left to Sink or Swim." (NEXIS)
United Nations. International Human Rights Instruments. 2 February 1994. (HRI/CORE/1/Add.37). Philippines.
Reuters. 16 June 1990. AM Cycle. "Philippine Police Arrest Eight, 29 Others Wanted For Piracy." (NEXIS)
The Toronto Star. 6 September 1996. Final Edition. Steve MacLeod. "Ship's Crew Pleads for Protection of Families at Risk, Say Witnesses in Stowaways Case." (NEXIS)
