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By B.B
For Horizon
We were baffled by the action
taken by the Government against seven Indonesian fishermen who were suspected
of having been involved in an alleged murder case that occurred on their
fishing boat. Local newspapers, including the Palau Horizon, reported
last week that these men were sent to Taiwan last Tuesday (May 1) to face
criminal charges in connection with the alleged killing of their Taiwanese
captain during a recent fishing trip.
Attorney General Jeffrey Beattie told reporters that after President Remengesu
revoked the fishermens visas, the seven fishermen were sent to Taiwan
because Palau had "no criminal jurisdiction" over the case,
which Jeffrey Bettie said occurred outside Palaus criminal jurisdiction.
The press reported that the Attorney General said the incident took place
in the extended Exclusive Economic Zone of Palau, which he said was beyond
Palaus criminal jurisdiction although "under International
Law Palau can regulate activities there".
Attorney General Beattie is a very experienced lawyer, who knows and understands
Palauan laws very well, and we believe that his office took the correct
and appropriate legal action in this case. But we are baffled, nevertheless,
by some issues this incident brought to light. Our Constitution says that
Palau has jurisdiction beyond its territorial sea to a distance of 200
nautical miles seaward from appropriate baselines. This is our exclusive
economic zone, but what does that mean? Article 1 of the Palau Constitution
goes on to say that "This jurisdiction includes, but is not limited
to, exclusive control over all living and non-living resources in or on
the seabed, subsoil, insular shelf, and water column, unless otherwise
limited by International treaty or other obligations assumed by Palau".
We own and have control over all living and non-living resources in our
Exclusive Economic Zone (EEZ), but it seems that we dont have jurisdiction
over criminal actions that human beings perpetrate in these waters. In
other words, it seems that we can license and charge fees for boats that
catch tunas in our EEZ, but we do not have authority to prosecute anyone
for murdering someone there as happened in the recent case involving the
seven Indonesian fishermen on a Taiwanese fishing boat. Does that limitation
extend to civil matters? What can we do if a foreign ship loaded with
tons of garbage, which might include used oil, toxic materials, and even
nuclear wastes, were to sail into our EZZ and start discharging its cargoes
into our waters? Do we stand powerless while they contaminate our fishing
grounds with deadly materials? We hope we wouldnt be caught powerless
in such situations. Our public leaders should look into these issues so
that they may establish appropriate course of actions, with legal teeth,
that we could use to prevent such destructive actions from taking place
in our waters.
Our Compact Roads should be cleared of dead animals at all times
Government employees who travel daily from Koror to the new Capital at
Ngerulmud in Melekeok have noticed that many animals--dogs, cats, and
chickenthat have been killed by speeding vehicles on the Compact
Roads could become serious health problems because they are left to decompose
where they died. The Sanitation Division of the Ministry of Health and
the EQPB should look into the matter to see how these dead animals could
be removed from the roads so that they wouldnt become health hazards
to the general public.
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