Cash claims up for over 13,000 oil-spill hit fisherfolks in Guimaras
Mangrove areas in Nueva Valencia,
Guimaras blackened by the oil click
brought by the sunken MT Solar I appear
deserted as fishermen hang their
seemingly useless fishnets.
Over 13,000 fisherfolks with pending cash claims over the oil-spill in Guimaras stand to receive checks ranging from P6,000 to P30,000 for lost earnings in twelve weeks. Whether the offer will be accepted or not though is yet another issue with officials of the International Oil Spill Compensation Fund (IOPC) out for "settlement talks" next week.
Thus far, three Guimaras towns of Sibunag, San Lorenzo and Jordan with respective claims underwent last rounds of assessment with IOPC's Joe Nichols saying a number of the claims have to be verified amid duplications.
Alongside the fisherfolks' claims are similar requests from 34 resort owners, 22 of which have been "assessed." It was not immediately known how much in individual damage has been sought by the group.
"If the claimants accept our offer, the checks are ready," Nichols said in a press conference yesterday (Thursday).
Nichols was with Capt. Patrick Joseph, IOPCF claims manager, Joel Weston, regional manager for Asia Pacific of the Sonsub International Pty. Ltd, Britt Pickering of the P&I and Malou Erni of Petron Foundation in yesterday's press conference.
The IOPCF is an international regime of liability and compensation for oil pollution damage caused by oil spills from tankers. Under the regime the owner of a tanker is liable to pay compensation up to a certain limit for oil pollution damage following an escape of persistent oil from his ship.
If that amount does not cover all the admissible claims, further compensation is available from the 1992 Fund if the damage occurs in a State which is a Member of that Fund. Additional compensation may also be available from the Supplementary Fund if the State is a Member of that Fund as well.
In the IOPCF website, it says there are three IOPC Funds at present. The 1971 Fund, the 1992 Fund and the Supplementary Fund. These three intergovernmental organizations were established at different times (1978,1996 and 2005 respectively), have different maximum amounts of compensation and have different Member States.
The Supplementary Fund was established to supplement the compensation available under the 1992 Civil Liability and Fund Conventions with an additional third tier of compensation. The IOPC Funds are financed by levies on certain types of oil carried by sea. The levies are paid by entities which receive oil after sea transport, and normally not by States.
Nichols said he could not categorically say on how much each of the 3,700 qualified claimants can receive from the IOPCF. He, however said the compensation pay is based on the daily catch of of the fisher folk and the time they were affected by the oil spill. T
When asked on why the claims are too small, Nichols politely said the assessed compensation is based also on the claims made by the fisher folk. These are the claims which the IOPCF considered as fair and just. If they will ask the IOPCF for a much higher pay, then each fisher folk must present a written proof on how they came up with such demand.
The release of IOPCF claims is also subject for audit from the governing bodies and member countries which contributed portions of the fund. It depends on whether the claimants will accept or reject the IOPCF's compensation package.
Nichols said they are coordinating with the Land Bank of the Philippines to be the depository bank of all the claims intended for the affected Guimarasnons. The payment will be made in form of a check. All checks will be named to the actual claimants and not to any party. They hope to release the claims before Christmas.
Meantime, clean-up efforts are done in affected Guimaras barangays with post-clean up operations "winding down."
Malou Erni of Petron Foundation said a sub-committee identified by the national government's Task Force Solar Oil Spill (SOS) will be responsible for any recommendations needing of more clean-up or similar help if any in Guimaras. The process will start off from an official word from the barangay captain then submitted to the task force for appropriate action.
Yet Petron was never remiss of its responsibility, Erni stressed saying from day one, Petron and their workers stood as primary responders in the barangays.