Insights and opinions from our contributors on the current issues happening in the region

 

PHILIPPINES: Economic gains do not justify strength of democracy

A Statement by the Asian Human Rights Commission
March 22, 2007

Not only is democracy being subverted in the Philippines, but its meaning is also misunderstood. While the country may have made economic gains in recent times, to declare them as proof of a ”strong democracy” belies democracy’s true meaning, for the strength of democracy is measured, not by economic gains, but by the strength of the country’s rule of law and its justice system. To omit the worsening attacks against the Filipino people that they are experiencing daily in defence of their basic rights--whether they are prominent figures, influential parties or just ordinary citizens--misconstrues the meaning of genuine democracy.

It is difficult for an ordinary Filipino to believe that a democratic system is, indeed, functioning in the Philippines. There cannot be genuine democracy when almost daily activists are targeted for extrajudicial executions, people are forcibly disappeared and tortured without legal redress and leftists or rightists are often subjected to attacks. The violence directed at prominent and influential personalities in recent times is a symptom of a rotten and decaying system of justice. For instance, illegal arrest and detention, the filing of fabricated charges, torture and disappearances, among other human rights problems, are a fact of life in the Philippines. The inability of the country’s political and judicial systems to adequately respond to this violence subverts democracy.

When perpetrators--in particular the police and military--are not punished and victims of human rights violations and their families are denied the possibility of redress and justice, distrust and skepticism among them intensifies. Deepening distrust of the justice system should be considered a challenge to restoring democracy and the rule of law in the Philippines. Instead, the victims and their family members are often isolated by unjustly denying them the possibility of redress and frequently accusing them of being accomplices of, as well as influenced by, the ”enemies of the state” and “destabilisers”. Consequently, the Philippines is a country where democracy has not fully developed. Why it is failing is where the discussion should begin.

A victim of human rights violations perpetrated by government security forces soon realises that the possibility of seeking justice within the country’s legal system is difficult, if not impossible, today. If even prominent and influential people have been subjected to persecution and attacks, imagine how many thousands, if not millions, of ordinary Filipinos have continued to suffer the same plight but remain silent. Not that they do not want to speak, but they are rarely given a platform from which to do so, and no one speaks for them. Worst of all, they perhaps may not yet realise that their issues are legitimate, that they have the right to fight back, that their issues are similar to other Filipino victims. If the government can tolerate extrajudicial killings, the filing of false and arbitrary charges, torture and enforced disappearances and attack those critical of the government, ordinary Filipinos who do not have any influence at all can easily suffer the same fate.

When the martial law and dictatorial regime of Ferdinand Marcos was toppled by the people’s peaceful revolt in 1986, these were the very same atrocities and injustices that the people resisted and fought for. But even after democracy was restored, still human rights violations are occurring in the Philippines, and, in some instances, they are even worse and onerous today. This reality is one of the clear indications that democracy cannot be achieved by merely changing the leadership alone but must involve an improvement in the functioning of the democratic system itself. In the Philippines, the country’s democratic system has not fully matured, and the present system of justice is still unable to deal effectively with the country’s problems. For instance, torture victims and the families of the disappeared know from their experience that their complaints are not even afforded any rudimentary investigation by the police. The system of police investigation and the laws themselves do not provide any assurance for justice for the victims. Torture and enforced disappearance, for example, are not criminal offences.

One characteristic of the present government is its intolerance of those critical of its actions and policies and its manipulation of the political and legal systems to justify its illegal acts. Basic to a democratic country, however, is the ability of its citizens to freely exercise their right to criticise the government without fear of being persecuted, avenues for victims to seek redress and justice exist and function, mechanisms are available for complaints of human rights violations and crimes to be properly investigated and prosecuted, the life of every citizen is protected by exhausting the government’s resources. These features of a political and legal system are among the many ways of measuring democracy; economic gains alone are not enough to ensure democracy. Moreover, every public official and every member of the security forces are accountable to every citizen. Therefore, any attempt by those in government to subvert democracy by using their influence and power must be held accountable for their actions. No one is above the law. The problem in the Philippines today, however, is the political and legal systems themselves are failing to effectively respond to the crises within the country. It is a country where perpetrators of the worst forms of abuse can continue to enjoy their freedom in a climate of impunity without fear of punishment.

Most of those today in the government service, politics, the police and military had intense experiences during the martial law period of the former dictatorial regime. They either cooperated with—in particular the police and military--or fought against the oppressive Marcos regime. The failure of the present democratic system to control and reject the strong influence of these personalities, to reject their biased and arbitrary practices and to monitor and constrain their self-interest dilutes and subverts democracy. For instance, the newly enacted Human Security Act of 2007 was endorsed by a person who once cooperated with Marcos during the martial law period. Although he contributed to the country’s democratisation process, the present system failed to control and reject this person’s militaristic ideology and entrenched bias toward the violation of people’s rights. This mentality has continually influenced the fabric of Filipino society. It is likewise deeply rooted among the police and military establishment.

The recent desire by the chief of the Armed Forces of the Philippines (AFP) to revive laws from the martial law period that have been repealed because of their oppressive nature, in particular the Anti-Subversion Act, is an expression of the bias he and others have long held. The police and military are finding it difficult to be “efficient” by gathering evidence and properly investigating and filing strong cases in court. Thus, the enactment or revival of oppressive laws is believed by them to be necessary to do their job. Although the chief of the Philippine National Police (PNP) rejects proposals for the revival of oppressive laws, he nevertheless endorses the newly enacted Human Security Act of 2007, a law which contains provisions that violate the basic civil liberties of the Filipino people and tolerates abuses with impunity. One of the shocking proposals by the military is to introduce amendments to the law before it even takes effect to reduce the penalty imposed on government officers for wrongly arresting and detaining a person.

In short, the Philippines is a country claiming to be democratic but instead weakens the protection of the rights of its citizens and their civil liberties and subsequently strengthens the authority of the police and military establishment. It is a country that is a victim of manipulation and the monopoly of power by a small group of people, a democratic system that is either unable to or not allowed to fully mature because of the domination of a few people and that sadly victimises the majority of the Filipino people. Those in government are not serious about genuinely addressing the cause of the people’s problems by going beyond empty rhetoric and taking concrete action. They either fail to implement the countless recommendations made to address the worsening condition of human rights in the Philippines or to closely monitor those that are put into practice. The Philippines unfortunately is a country taken hostage by those in the government and even those critical of its abuses and atrocities where discussion of what went wrong and what to do is not a priority or is absent.

The failure to rectify the human rights problems of the Philippines is clearly reflected in the number of independent investigations conducted by the government itself, the United Nations and the international community, investigations whose recommendations either are not adequately acted upon or are simply ignored. The findings of the possible involvement of the police and military in the country’s wave of extrajudicial killings by the Melo Commission appointed by President Gloria Macapagal-Arroyo and the U.N. special rapporteur on extrajudicial, summary or arbitrary executions, Philip Alston, has not led to any effective prosecutions, for example. The assurance given by the government to strengthen the witness protection programme has led to few, if any, changes, and people continue to distrust the ability of the authorities to protect them. The government also announced the appointment of special prosecutors and the introduction of special courts, but again, little, if any, movement has been made to realise these pronouncements.

It is not the absence of solutions and hopelessness itself but rather the continued failure and inability of government officials to take action to implement any solution and to ensure through continued and serious monitoring that action occurs. The government, and perhaps the Filipino people, have yet to realise how defective the country’s system of justice is and how the failure to correct this dysfunctional legal system is subverting the fulfillment of genuine democracy. Consequently, any elementary discussion about the meaning of democracy in the Philippines is misunderstood, distorted and meaningless.

 

 

 

 

ANAD deception and military fabrication

A press Statement by KATUNGOD-SB-KARAPATAN
March 20, 2007

We, in the Regional Human Rights Alliance, condemn in the strongest possible terms the use of the name of our organization KARAPATAN by the government-funded, military backed and organized ANAD Partylist or Alliance for Nationalism and Democracy.

Last March 19, 2007 at around 10:30 in the morning, members of Bayan Muna and other allied organizations staged a protest action at the DZR Airport in Tacloban City to condemn the political harassment against Bayan Muna Representative Satur Ocampo. While there, we noticed a bunch of placards bearing the calls against Bayan Muna Representative Satur Ocampo and tagging him as criminal and further bearing the name of KARAPATAN as the signatory. We decided to take these placards as evidence but these were forcibly taken by an ANAD member. This is a clear usurpation of our name. How many times did the ANAD dragged our name as a front of the CPP/NPA and now, maliciously implicating our name as against Satur Ocampo.

We, in the Human Rights Alliance supports the fight of Satur Ocampo and strongly condemns the continuous attacks and harassments by the government and the military against militant and progressive party lists and organizations. The case against Rep. Satur ocampo and 50 others was nothing but a mere fabrication by the military. Data of KARAPATAN – Central Visayas revealed that the skeletons allegedly discovered from an alleged mass grave in Inopacan, Leyte is recycled. In the year 2000, the military already presented these skeletons as evidence of the “purging” of the CPP/NPA in the year 1985 of the then case for murder against suspected NPA leaders and members in Baybay, Leyte. In particular were the skeletons of Concepcion Aragon, Juanita Aviola, and Gregorio Eras. A lone witness, in the person of Zacarias Piedad, Sr. was presented in July 2000 by the prosecution to identify the skeletons. But later Zacarias Piedad recanted his testimony in open court and further testified that he did not witness any killing nor does he know the persons he was accusing. He further narrated that the statement used by the prosecution was made by him while he was still in the hands of the military particular the 43rd Infantry Battalion stationed at Brgy. Hibod-hibod, Sogod, Southern Leyte. Because of this, the presiding judge of Baybay RTC dismissed the case. After six years, again Piedad resurfaced making the same allegations which he had recanted in 2000. Fascinating to note that the case for murder in the year 2000 was filed by Provincial Prosecutor Rosulo Vivero, the same prosecutor who resolved the complaint and recommended the filing of the 15 counts of multiple murder charge in the alleged mass grave in Inopacan, Leyte in 2006 against Satur Ocampo and 50 others.

Clearly, this case against Rep. Satur Ocampo and 50 others was fabricated and recycled by the military for the sole purpose of harassing progressive and militant organizations and personalities.

We are urging the government and the military to stop these fabrications and these lies. These are nothing but dirty tactics to deviate the sentiments of the people who are now asking for justice and concrete actions against the military who are responsible for the extra-judicial killings among the ranks of the progressive and militant organizations.

 

 

 

 

Long live the legacy of Atty. Felidito Dacut!

A Press Statement by KATUNGOD-SB-KARAPATAN on the death anniversary of Atty. Dacut
March 14, 2007

It was March 14, 2005 when human rights lawyer and Bayan Muna Regional Coordinator Atty. Felidito Dacut was treacherously shot on his back hitting him on the heart that leads to his instantaneous death. His death came at a time when then Gen. Jovito Palparan was head of the 8th Infantry Division and was leading the onslaught against vocal critics of military abuses. Now, its been two-years but justice has not yet been served.

We, in the Regional Human Rights Alliance, give our highest salutation to Atty. Dacut for being in the forefront of the struggle for human rights, for the defense of the farmers who are fighting for the lands they till; for the workers who are fighting for their rightful wages and humane conditions of work; and for the victims of human rights violations.

It is in line with his noble service to the people that he was killed by agents of the State who wanted to silence the struggle of the oppressed for genuine freedom and human rights.

Instead of conducting investigation for the resolution of the case, the State even afforded to taint the good reputation of Atty. Dacut by maliciously attributing his death to the NPA because of an alleged financial opportunism and alleged selling off a labor case. However, these claims have been proved to be fabricated by the investigations made by the Commission on Human Rights.

His death, including the death of other leaders of progressive and militant organizations, is part of the campaign of the Government to silence the struggle of the people, to eradicate those who are vocal critics of the oppressive system of the government. This grand plan was dubbed as Oplan Bantay Laya, the government’s operation plan to eradicate the so-called “legal fronts” of the CPP/NPA. Legal fronts for them includes those legal organizations who are criticizing the government.

The life of Atty. Dacut will continue to be an inspiration to the masses and a challenge for us who are still fighting for the ideals he had stood for: land for the peasants, just wages and humane conditions of work for the workers, and class-based human rights.

 

 

 

 

Lofranco’s Statement

A Press Statement by the Lofranco family on the Janine murder case
March 8, 2007

It is a basic tenet of our law that a person is deemed innocent until proven guilty. In our case however, long before cases were filed against us, public opinion had already been conditioned to condemn us as guilty. This was what happened in Catbalogan and this is what had been and is now happening in Tacloban as the preliminary investigation had been transferred here. Our detractors persist on labeling us guilty, by innuendos and malicious insinuations, until we prove ourselves innocent. As a result, we are forced to go through a terrible experience that had been already damaged our reputation and further threatens to damage our very lives and future, not to mention our home and family.

Since the date of the fire, November 14, 2006, we, the Lofrancos, have been the subject of baseless, malicious and unfounded rumors and there had been a continuous, relentless and concerted effort to build public prejudice and bias against us. Before the filing of these cases against us, unfounded and malicious rumors of bribery and of threatening potential witnesses were spread around. But the current state of things speak for itself. The agencies and individuals whom the Lofrancos have supposedly bribed and threatened are on the side of the complainant.

Now that cases had been filed against us, there are again baseless innuendos of us threatening the other side’s witnesses. As it was then and so it is now, this is not true. Recently, news articles regarding an alleged PDEA operation always make reference to the cases filled against us. Hence, the malicious innuendo that we have a hand in such matter notwithstanding that, clearly, we do not have the power and the capacity to do so. More significantly, we have no reason to do this. Worthwhile noting that in the cases filed against us, there were two (2) autopsies conducted and both autopsy reports were submitted as evidence against us. Everyone knows also that, in law and in fact, an autopsy report never will and never does indicate who committed the crime, if indeed there was foul-play.

We would like to assure the public that our desire is also to “ferret out the truth and serve justice to where and whom justice is due.” Verily, the truth and nothing but the truth will clear our name. It is therefore imperative that the whole truth be found out. When truth shines, justice is served.

The charges filed against us are still in the preliminary investigation stage. Hence, a determination is not yet to be made if the evidences submitted against us before the Prosecutor’s Office constitute “prima facie” evidence that crimes were committed and “prima facie” evidence against the Lofrancos for the filing of cases in court. We fervently appeal to everyone to allow us to air our side before making any pre-judgments. After we have committed our counter-affidavits and supporting evidences, we invite everyone to look at the evidences of both sides closely and let the facts speak for themselves.

Ultimately, we rest our case on the Almighty God, before whom nothing is hidden. We take consolation in the fact that He is the God of truth, justice and righteousness, who vindicates the innocent and punishes the guilty.

For the sake of truth and justice, it is also our sincere hope and prayer that this case be resolved without delay. 

(Sgd.) LEO L. LOFRANCO, M.D.

 

 

 

 

People who made a difference in 2006

(The following article by Ms. Charo Nabong Cabardo was reprinted from SCOPE, a new magazine that debuted this February in Region 8, with permission from the author and the editors of the magazine.)

By CHARO NABONG-CABARDO
March 2, 2007

Time magazine ushered in 2007 with a tribute to the Person of the Year (us) and an article about people who made a difference in our lives globally.

In Samar, my list of persons who have made a difference in the lives of Samarnons would include Mel Sarmiento, Cesar Aculan, Romeo Royandoyan, Angel Hobayan, Leonardo Medroso, Jose Palma, Mario Quijano, Renato Latorre, Don Mabulay, Coefredo Uy, Eduardo Nachura, and Ray Gaspay. My list is surely not a result of an exhaustive search, there may be more out there, but to me, these persons have done something beyond expectations that spelled a difference in the lives of Samarnons specially the poor farmers and fisherfolks, in this part of the world.

Cesar Aculan is the director of the Social Action Center of the Diocese of Calbayog. Among the religious, titles like D.D., S.T.D., H.P. are earned for completing certain studies but Fr. Cesar has been conferred the title Sus.Ag. which is jokingly appended to his name by his religious colleagues for his untiring promotion and practice of Sustainable Agriculture among the farmers of Samar. Majority of the priests in Samar have embarked on beautifying their churches and convents, but Fr. Cesar took the “road less traveled” he organized trainings for farmers, established a demonstration farm, sourced materials and funding to make farming a sustainable and profitable venture and in the middle of these - provided refuge to the farmers and their families who were displaced by the silent war waged in Samar. Along with sustainable development, he has pushed for Peace and Development to secure a peaceful environment for development to prosper in Samar island.

Angel Hobayan, Leonardo Medroso, and Jose Palma were bishops in Samar island. Bishop Hobayan was bishop of the Diocese of Catarman before he retired in 2005; Bishop Medroso was bishop of the Diocese of Borongan before he was named Bishop of the Diocese of Bohol in November, 2006; and Bishop Palma was bishop of the Diocese of Calbayog before he was promoted Archbishop of Palo early last year. The formidable trio added their voices and support to the establishment of the Samar Island Natural Park and the people’s stand against mining and logging in the island of Samar. When the DENR issued an order in 2005 lifting the logging moratorium in Samar island which allowed the San Jose Timber corporation to resume logging operations, the three bishops closed ranks again, this time with Bishop Trance of the Diocese of Catarman who had replaced Bishop Hobayan, to oppose the DENR order. Bishop Emeritus Hobayan came out of his retirement to testify in the Senate public hearing on the issue. The three bishops also initiated the formation of the Samar Island Development Council which later became the Samar Island Partnership for Peace and Development.

Mel Sarmiento, Coefredo Uy, Reynato Latorre and Mario Quijano are mayors of Calbayog city, Catbalogan, Villareal and Pinabacdao respectively. Mayor Sarmiento is an energetic mayor who has won numerous awards for his good governance in Calbayog, the only city in Samar island. He was named national winner of the Konrad Adenauer Medal of Excellence (KAME) as a highly performing city government by the Konrad Adenauer Stiftung and the Local Government Development Foundation. KAME, named after the first German Chancellor, is an award for best managed local government unit in the Philippines, given to local executives for their leadership, accomplishments and vision for their communities. He has also won for Calbayog an award from the Galing Pook Awards for his project on Coastal Zoning which delineated the boundaries of the municipal waters of Calbayog City and its neighboring municipalities, thus securing the municipal fishing grounds for the artisanal fisherfolk of Calbayog.

Mayor Mario Quijano brought honors to the municipality of Pinabacdao when his proposal for an agro-forestry project was declared one of three national winners in the Panibagong Paraan Competition of the World Bank in 2006. His proposal, “What is Yours is Mine, What is Mine is Yours”, bested 87 other proposals from the original 1,000 entries and a P2 M grant was given for his project. He convinced farmers to go into agro-forestry, offering to pay for their tax delinquencies when yields had improved.

Mayor Uy, or Tekwa as he prefers to be called is a first termer mayor of Catbalogan who showed how to exercise political will in realizing long cherished improvements for the town of Catbalogan. Most politicians in elected positions would hesitate to act on what has to be done fearing the loss of votes, but Mayor Tekwa pushed on, no matter the political consequences. With this daring-do, he was able to do what his predecessors were not able to accomplish. He built and improved the wet and dry markets for fish and vegetable vendors. He built the first bus and jeepney terminal for Catbalogan, the premier town of Samar. He was named Second Best Performing LGU in Fiscal Management and Collection in Region 8 (second to Ormoc City) by the DILG.

Reynato “Boy” Latorre is another first termer mayor of Villareal, Samar who took the “responsibility of an extra-ordinary, mind-boggling and gargantuan project that separates us from the very ordinary Filipinos”, in the words of Prof. Cesar Torres, a Villahanon based in San Francisco, U.S.A. The project is the repair and concreting of the 9 km. road from the Maharlika highway to the town of Villareal. Built in 1937, the dirt road is the only access road linking Villareal to the rest of Samar but it has deteriorated so badly, people would rather take to the sea to reach Villareal. With the strong support of the Villahanon Association in Metro Manila (VAMM), Mayor Latorre has mobilized his fellow Villahanons here and abroad to contribute sacks of cement and harnessed tiklos labor (the traditional practice of helping one another in times of harvest). Contributions poured in and people turned up for the tiklos and now about 3.5 kms of what is now known as the “Villareal Bayanihan Road” have been cemented. Mayor Boy Latorre has demonstrated people power in action in his municipality. The project continues and so thus the tiklos spirit.

Romeo “Omi” Royandoyan is the executive director of SENTRO SAKA (formerly Philippine Peasant Institute), an NGO working for Filipino farmers. He has served as member of the Board of Trustees of the UCPB to look after the interest of the farmers’ coco levy. For many years now, Omi has consistently been assisting the coconut farmers in Samar. As a response to the low price of copra, his NGO came up with the Kopra Social Investment Plan to enable farmers to bring their copra to the milling companies at miller’s prices and chose Samar as one of their pilot sites. (Samar is the biggest coconut producing province in Eastern Visayas which in turn, is the third coconut producing region in the Philippines). In 2006, he brought Danilo Coronacion, CEO of the Coconut Industry Investment Fund and Oil Mills President, to Samar where he linked up CIIF’s Coconut Farm Development Program to the coconut farmers of Samar. The program covers 12 municipalities in Samar provinces to undertake planting, replanting & fertilization; crop intercropping with tuba-tuba and other crops; and harvesting and copra processing. This is an industry-wide program that could boost the sagging coconut production and income of coconut farmers in the province.

Don Mabulay succeeded me as the executive director of Tandaya Foundation, a non-government organization based in Catbalogan, Samar. In the NGO community, Don is known to be a non-conformist in a community of already many non-conformists. He is known to greet you over the phone with reverse greetings “greeting you good morning when it is afternoon and vice versa, so the guy in the other end won’t have to ask “hino ini”. A self-proclaimed Cinderella (to be home before 12 midnight he tells his buddies that being Cinderella he is scared of becoming a mouse), you can count the few times he turns up in long pants and shoes, preferring to be comfortable in his shorts and sandals. Early on in our NGO work, he tried to teach Samarnons in government “how to think”. His “WII-FM” (What’s in it for me?), an innovative process to generate participation has now been adopted and used by many NGOs in many parts of the country in their trainings. Eccentricity aside, he was a major winner, in the national competition of the World Bank’s Panibagong Paraan 2006. His policy proposal “Aquaculture for Fisherfolks” calls for making Technology accessible to small fisherfolks to engage in sea farming. With dwindling yields from fisheries not only in the Philippines but also worldwide, his proposal was hailed to be the most practical policy to increase harvests and incomes of fisherfolks.

Ray Gaspay is one of two persons who provide cable TV services in Catbalogan. The other guy has been able to make extensive cable TV connections in Catbalogan that has earned him millions. Ray, on the other hand, has made limited cable TV connections, but unlike no other, Ray was able to connect with people worldwide specially those who come from the islands of Samar and Leyte. With his SamarNews.com, an on-line newspaper about Samar and Leyte, he prides in providing “the latest news in Eastern Visayas region” and providing a message board for personal comments & inquiries and even searches for long-lost friends and relatives; and a discussion forum on issues affecting us in the region. Obviously not a commercial venture, I don’t know how Ray is able to sustain SamarNews.com but he has done it!

As a lawyer, Antonio Eduardo Nachura is known nationally as an authority on Constitutional law - teaching and writing law books about it. He is also admired by close friends and colleagues for his dedication to teaching. Even when he was congressman of the second district of Samar, he continued teaching law in various law schools. He has served as Undersecretary of the Department of Education and has been one of the public prosecutors during the impeachment proceedings against Pres. Joseph Estrada. Recently, he has been appointed as the country’s Solicitor General. But it is not his long list of achievements in his professional and political career that I have included him in this list. As president of the Katbalaoganon Association of Metro Manila in 2006, he envisioned a book tracing the history of his native town of Catbalogan as a legacy to the young Catbaloganons to be proud of their heritage. And he made this vision a reality by publishing O, Catbalogan! Prof. Cesar Torres praised the book as “one of the most beautiful book ever.” He said that “In the entire history of Samar, since the beginning of time, "O, Catbalogan!" is one of the most momentous happenings in our history... It is a food for the soul, food for the intellect, a tribute to all the Samarnons, past, present, and future.” Of course, I’m thankful to Atty. Nachura for giving me the opportunity to work with him on this book.

Thus, I welcome the new year and this new magazine, with inspiring stories of leadership, vision and action of people who were unstinting in their service to care for our environment, nourish our heritage, and to improve the lives of our people. Not only at the end of the year, will we be asked this question again, have we done something to make a difference?

 

   

 

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