As an island nation with thousands of oceangoing vessels, Taiwan often finds itself at the center of maritime disputes. More often than not, these involve its close neighbor, Japan.
The most recent of these disputes occurred last month when the captain of a Taiwanese sport fishing boat, along with his crew, was apprehended for allegedly straying into Japanese waters.
At the time, the Ministry of Foreign Affairs (MOFA) appealed to Japanese authorities to present evidence that the vessel had crossed into Japanese waters or release the crew.
The ministry’s respect for international conventions in this instance was admirable; it’s just a pity that other government agencies in Taiwan don’t show the same kind of deference to these conventions.
The most recent example of such double standards is the treatment of three crew members of the Panamanian-registered freighter the Tosa, who have been detained for almost six months after their ship was alleged to have caused the sinking of a Taiwanese fishing boat, the Hsin Tung-chuan 86, and the death of two crew members near the Diaoyutai islets.
The crew — one Indian national, a Bangladeshi and a Filipino — were detained in Hualien after the incident on April 17 and charged with a number of offenses, including involuntary manslaughter and failing to stop after a collision. This, despite there being no evidence a collision took place.
Initial evidence that suggested an impact had taken place was later dismissed by the fishing company, as neither vessel bore marks that could have resulted from a crash. Radar data also suggest that no impact took place and several members of the trawler’s crew have confirmed this. Yet this ridiculous state of affairs — the Bangladeshi second officer remains in detention while the other two are not allowed to leave Hualien County — continues.
In a bizarre interpretation of the law, the captain, who had left the ship in the hands of the other two and was asleep at the time of the alleged incident, is being held responsible for his crew’s training.
Meanwhile, the men — one of whom has a wife and three children — remain stuck in limbo after the most recent hearing in August failed to reach a conclusion.
In July, Nautilus UK, a professional seafarers’ union, wrote to Taiwan’s representative in London expressing “deep concern about the continued detention,” while blasting Taiwanese authorities for “treating crew members as scapegoats for maritime accidents.” It said the Taiwanese coast guard’s actions “contradict the UN’s Convention on the Law of the Sea.”
The Hong Kong Shipowners Association said it was “appalled and extremely disappointed at the continuing trend of so-called ‘developed’ economies to treat seafarers with little regard for their basic human rights.”
One marine industry Web site even commented that the seafarers would have been “treated better by the Somali pirates.”
Indeed, the whole episode is a damning indictment of the lack of respect for basic human rights regularly demonstrated by law enforcement agencies in Taiwan, despite repeated proclamations to the contrary in recent years by political leaders.
The sooner Taiwan starts to treat seafarers in a manner more in line with international custom, the better.
That way, the next time any incident involving the detention of Taiwanese nationals occurs, at least MOFA will be able to chastise the offending party without a guilty conscience.
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