Compensation package for Guimaras folk in the works
The International Oil Pollution Compensation Funds (IOPCF) assures all the legitimate claimants in the island province of Guimaras who are affected by the country's worst oil spill the immediate release of the compensation package due them.
IOPCF Deputy Director/Technical Advisor Joe Nichols said they will "process all the claims quickly." This after the provincial government of Guimaras under Gov. Rahman Nava has extended assistance in facilitating the claims particularly of the small scale fishermen.
The IOPCF 1992 which is also known as the 1992 Fund is a worldwide intergovernmental organization that provides compensation for oil pollution damage resulting from oil spills of persistent oil from tankers. The 1992 Fund is administered by a Secretariat in London, United Kingdom.
Those covered by the compensation claims are pollution prevention measures and clean up; property damage; economic losses in the fisheries, mariculture and fish processing sectors; economic losses in the tourism and related sectors and environmental damage and post-spill activities.
The compensation fund is $US 310 million. The fund is released if the damage exceed the ship owner’s liability under the 1992 Civil Liability Convention.
In the 1992 Civil Liability Convention, claims for compensation for oil pollution damage caused by persistent oil may be made against the registered owner of the ship from which the oil that caused the damage originated.
The ship owner can normally limit its financial liability amount determined by the size or tonnage of the particular ship involved. The ship owner is obliged to maintain insurance to cover his liability under the Convention. In the case of M/T Solar 1, it was insured for P6 million with the Protection and Indemnity Club.
At present, there is an estimated 4,000 affected fishermen in the towns of Nueva Valencia, Sibunag and San Lorenzo. Several resorts in the affected towns also incurred losses because of the oil spill.
Nichols said they are contemplating of extending "interim payments" to those affected sectors especially the small scale fishermen. An interim payment or initial payment could be made if the claimants suffer undue financial hardships. The interim payment will be made available in three months time should all the documentation are already available and in order.
Currently, the affected fishermen are only banking on the food ration provided by Petron Philippines Inc, provincial government, private individuals and non-government organizations which pooled their effort and resources to help them.
Nichols said they have been "flexible" in all the requirements set forth by the organization relative to the compensation claims. In fact, they waived their plan to require all the fishermen to submit an income tax return (ITR), a requirement which is impossible for the fisher folk to comply.
In the case of small resort owners who failed to pay the required taxes, for lack of substantial clients or customers, the IOPCF also waived such requirement. We are also sensitive to their situation, said Nichols.
However, in the case of big resorts, the IOPCF will base their compensation claims "on official records." The IOPCF will not process all "illegal claims." Its unfortunate the accident happened but they have to abide with the rules.
The flexibility of the IOPCF does not mean the organization will not carefully assess all the claims. All the claims will be validated by fishery, tourism and economic experts from the IOPCF, said Nichols.
He discouraged people who are not qualified in the compensation claims to file their claims before the IOPCF. The illegal practice will just hamper the immediate release of funds for legitimate claimants.
The IOPCF wanted all the affected sectors to be back on their feet just like the way they live before the oil spill happened. This is not an easy aim but we want to extend help as soon as possible, said Nichols.