Korapsyon OONG Panahon Ni FVR, Ilan Sa Mga Nabunyag Na Kwento Papel Ni Pangulong Arroyo Sa Iskandalong Ito

Human Rights FORUM 1 NOTES ON THE HEALTHCARE UNDER NBN-ZTE SCANDAL LOCK AND KEY Why are we not surprised? Dissecting the Hospital Detention Law 4 By Percival Cendaña 7 By Candy Diez

Disappearances Continue Without Let-up By Mary Aileen Diez-Bacalso ...... 11 Alamin ang Inyong mga Karapatan Writ of Amparo ...... 16 War in Mindanao Renewed Offensive, Renewed Cost By Sitti Nur-Aina L. Jaji ...... 18 Ang Barikada sa Pacquet, Kasibu Nueva Vizcaya Isang Kwento ng Pakikibaka Laban sa Malakihang Pagmimina Ni Emy Tapiru ...... 22 Corporate Social Responsibility and the Mining Industry Ingraining people’s participation in mining communities through CSR By Roel A. Andag ...... 25 PHILIPPINE HUMAN RIGHTS INFORMATION CENTER

Editorial Board Sibuyan Island: NYMIA PIMENTEL-SIMBULAN DR. P.H. People’s Resistance to Plunder Ends in Death SONNY MELENCIO GINA DELA CRUZ By Rodne Galicha ...... 28

BERNARDO LARIN Asean Charter Poses Difficult Challenge Editor-in-Chief Regional alliance takes tentative steps toward one day possibly JM VILLERO forming an economic and political union Managing Editor By Vitit Muntarbhorn ...... 31 ARNEL RIVAL Art Director HR DIGEST ...... 33 EUGENE BACASMAS HR TRIVIA ...... 33 Illustrator FACTS AND FIGURES ...... 34 The Human Rights Forum is published quarterly by the Philippine Human Rights Information Center (PhilRights) EMBASSY OF FINLAND with office address at Manila 53-B Maliksi St. Barangay Pinyahan, Quezon City Telefax: 433-1714 Tel. No.: 436-5686 This publication is made possible through the support of the Embassy of Finland E-mail:[email protected] Website: www.philrights.org The Philippine Human Rights Information Center (PhilRights) is the research and information center of the ISSN 0117-552-1 Philippine Alliance of Human Advocates (PAHRA).

2 Human Rights FORUM n EDITORYAL Korapsyon OONG panahon ni FVR, ilan sa mga nabunyag na kwento papel ni Pangulong Arroyo sa iskandalong ito. ng katiwalian ay ang PEA-Amari, kontrata sa mga Ang pinakahuling pumutok na insidente ng suhulan ay Nindependent power producers, at Expo Filipino. mismong sa Malakanyang pa naganap at nakuha pa sa video ang Kay Erap, payola sa jueteng, Boracay Mansion, at mga mga mambabatas at mga lokal na opisyal na lumalabas sa palasyo pandaraya sa stock market. at tila mga batang may bitbit na mga ‘regalo.’ Ang mali lang ng Syempre hindi rin pahuhuli si Ate Glo. Nandyan ang overpriced mga namigay ng suhol, pati si Fr. Ed Panlilio na gobernador ng na Diosdado Macapagal Boulevard, ang misteryosong bank account Pampanga ay inabutan nila at ito ang siyang nagbunyag sa ni Jose Pidal, fertilizer scam, at ang kontrobersyal na ZTE national nangyaring pamimigay ng pera matapos makipagpulong ng broadband network deal. pangulo sa mga nasabing opisyal. Mula sa antas ng Presidente hanggang sa mga lokal na opisyal Sobra na nga sigurong nasanay sa ganitong kalakaran ang mga sa barangay, tila naging bahagi na ng pampulitikang kultura ng nasa pamahalaan at wala na silang nakikitang mali rito kahit na mga Pinoy ang korapsyon. Masyado na tayong nabantad dito at ang perang ipinamumudmod upang makuha ang katapatan ng itinuturing na ngayong ‘normal’ ang pag-kickback ng mga pulitiko mga opisyal na ito ay galing sa kaban ng bayan. sa pondo ng mga pagawaing bayan. Ang tawag nga ng mga Bukod sa dapat nilang tandaan na ang panunuhol at katiwalian contractors sa porsyento ng mga mambabatas, lokal na opisyal, at ay nanatiling krimen sa ilalim ng ating mga batas, dapat din nilang mga kawani ng pamahalaan sa budget ng mga pampublikong isipin na sa bawat pisong napupunta sa kanilang bulsa ay may proyekto ay ‘SOP’ o standard operating procedure. napagkakaitang mga indibidwal ng kanilang mga karapatan. Maganda na sanang senyales ang hatol na ‘guilty’ ng Ang dapat sa mga tiwaling opisyal ng pamahalaan ay Sandiganbayan kay dating pangulong Estrada sa kasong pansamantalang patirahin sa mga lugar na napakahirap puntahan pandarambong (‘plunder’), sapagkat sa unang pagkakataon ay may dahil sa kawalan ng maayos na kalsada at hindi rin naaabot ng mataas na opisyal ng pamahalaang naparusahan. Ngunit ilang serbisyo ng kuryente at komunikasyon. O kaya ay isang linggo linggo lamang ang lumipas at muling namayani ang laro ng silang makipamuhay sa mga pamilyang nakatira sa ilalim ng mga pulitika at binigyan ng ‘pardon’ ni GMA ang na-convict na dating tulay o kaya ay sa mga kariton para maramdaman nila ang dinaranas lider ng bansa. Ganun na lang ‘yun? ng mga Pilipinong wala na ngang sapat na kabuhayan ay hindi pa Sa ZTE naman, bagama’t ibinunyag ni dating kalihim Romulo nakakatanggap ng mga serbisyong panlipunan mula sa pamahalaan. Neri ang tangkang panunuhol ni dating Commission on Elections Sa ganito ring paraan, maiintindihan nilang ang chairperson Benjamin Abalos, tumikom ang bibig nito at nagtago pangungurakot ay hindi lang pala krimen kundi paglabag na rin sa saya ng ‘executive privilege’ nang maungkat ang posibleng sa karapatang pantao ng mga mamamayan.

Human Rights FORUM 3 NOTES ON THE NBN-ZTE SCANDAL Why are we not surprised?

The China syndrome As China developed into an economic powerhouse, it has accumulated a veritably impressive foreign reserve pool. The Chinese government sits on one the largest (if not the largest) foreign exchange reserve of any single country in the world. This enormous amount is tentatively pegged at more than a trillion US dollars. This is where the corruptibility of projects paid for with Chinese government loans begin. usual, Filipino politicians are Because so much money is more than willing to grab the just sleeping in their coffers, “opportunity.” China is very anxious to lend it out and make profit in the De Venecia connection n By PERCIVAL CENDAÑA market. But the lending out of At first, the exposé of Joey the Chinese government’s de Venecia was quite surprising. ES, it was big, bold and brazen. But in the money is not without strings A lot of people were wondering end there was nothing really surprising attached. as to what prompted an First, it has onerous terms important ally or cohort of the about the NBN-ZTE scandal because the wherein the Chinese president to spill the beans. Arroyo administration has raised the bar government chooses the Scratching the surface would of corruption in the country to an almost contractors and insists on reveal that there is nothing numbing level. It is also not surprising if not a single settlement of contract disputes really surprising about de Y in Chinese courts. Second, Venecia’s action (or reaction as soul is sent to purgatory because of involvement in allowances for kickbacks and some would put it). It was just a this incredibly terrible deal. bribe money are seemingly simple case of some crook On the political front family members of the incorporated into the contract whining because he was robbed however, the scandal has laid president eagerly fight over the cost. of his loot. In this case, the bare the cracks in the makeshift spoils. The botched National No wonder, a project that whining actually meant that he foundations of President Broadband Project is in the six should have cost $130 million was robbed “not once, but Arroyo’s continued reign. The to seven billion-peso range. balooned into a whooping $329 twice.” foundations that were Simply put, this is a very big million fiasco. Speaker Jose de Venecia was originally cemented by greed pool of corruptible money—so This particular scenario the first agent or salesperson of for both wealth and power are big an amount that loyalties can presents an environ that is very the Chinese government in the now weakening as courtiers and be breached. conducive to corruption. As country. He was responsible for

4 Human Rights FORUM The cast of characters in the NBN- ZTE scandals: Joey de Venecia, the First Gentleman Mike Arroyo, Jarius Bondoc, Benjamin Abalos.

deal. But it was said that he has been robbed of the project by no less than the First Gentleman. The second blow came when the $329 million NBN project was awarded to ZTE Corp., cutting out the share of his son’s Amsterdam Holdings Inc. This time, the deal was brokered by Malacañang’s own agent, then-COMELEC Chair Benjamin Abalos. As expected, the Speaker got very angry because he could not stand being robbed by PJR/LITO OCAMPO Malacañang the second time around. Speaker de Venecia did not take the “back off” warning of the First Gentleman lightly. He, in effect, asserted his right to the loot by waging a campaign against the NBN-ZTE project. He used his pawn in media, Jarius Bondoc, to lay bare the lopsided deal. And to heighten the drama, his son Joey entered the fray. The battle soon took a life of its own. In the future, it would be interesting to know if Speaker de Venecia originally intended to implicate Malacañang or he was just using the exposé as leverage to get his “fair share” opening up the corruption of the deal. floodgate in the country to China. The Chinese-funded Rashomon Northrail Project was a de Rashomon is a cinematic Venecia project in the gem helmed by acclaimed beginning. He was the one who Japanese film director Akira shepherded the approval of the PJR/LITO OCAMPO Kurosawa. In the film, a crime

Human Rights FORUM 5 was witnessed by four individuals and they recount the incident in four contradictory ways. The Senate investigation of the NBN-ZTE project was an interesting treat: it was Rashomon in real life. The public heard stories told Rashomon-fashion. The Wack Wack Golf Club incident involving the First Gentleman and Joey de Venecia was very interesting because the young de Venecia and the First Gentleman have disparate accounts of what actually transpired in the fairways. The Speaker’s son alleged that Mr. Arroyo told him to back off the deal while the first gentleman insists that no such warning was given. Another interesting incident was the one with COMELEC Chair Benjamin Abalos and former NEDA Director Romulo Joey de Venecia faces the media. PJR/LITO OCAMPO Neri. Neri recalled that Abalos attempted to bribe him to get means the privilege of the No expectations his endorsement for the project. “executive” to enter into Had the NBN-ZTE project Neri’s account was vivid except anomalous deals with hefty pushed through, it could have that he cannot be certain of the kickbacks. increased the already exact amount, whether it was This brings us to the very gargantuan national two hundred thousand or two core of the National Broadband government debt by more than hundred million. Abalos Project—its relevance and two percent. In twenty years, presented his own vivid usefulness. Experts including taxpayers would have shelled recollection of the incident and two economics professors from out a total of $527 million to pay said that no offer was made. the University of the Philippines the interest and principal Even DOTC Secretary insist that there is no need for amortization of the NBN-ZTE Leandro Mendoza’s recollection such a project because two loan. of the process of the project’s broadband networks operated Even with such an obscene approval differed from the by private companies are amount, we cannot really exact paper trail presented before the already in place. Also, the accountability from those Senate panel. Philippine government already involved in this corruption What is most damning is owns the Philippine scandal. It is expected that the when two persons who are DOTC Secretary Mendoza Administrative Network Project officials responsible for this supposed to be in the same camp (PANP) and the Philippine fiasco will go unpunished. do not agree on a crucial issue Executive privilege Research, Education and Even if the cracks in the to the point of contradicting The day before his Government Information Arroyo’s inner chambers have each other. This happened when testimony, Romulo Neri Network (PREGINET). been exposed because of the Secretary Mendoza and DBM promised to drop a bomb so The DOTC, the scandal, this would be easily Secretary Rolando Andaya gave explosive that it could lead to implementing agency, up to repaired by a brand of cement two different takes on the nature another EDSA uprising. But now cannot show a feasibility called greed. This government and legal framework of the when the question on the study that would merit the has really mastered the art of NBN project. involvement of the President building of a national payola. A few days after the A truth with multiple came, he invoked the mythical broadband network. What deal was exposed, the palace versions is only possible in executive privilege, thus prompted the project could be was distributing money to movies like Rashomon. In real evading the question of the day. the availability of credit from governors and congressmen. life when this truth has two or Some observers believe that the Chinese government rather This is not at all surprising. more versions, someone is Malacañang pressured and/or than need and relevance. Remember, we live in the era of clearly lying. The NBN-ZTE coerced Neri to follow the The NBN-ZTE project Gloria Macapagal Arroyo. n scandal has elevated lying in palace script. clearly has no apparent purpose ...... full view of the public, even In the case of the NBN-ZTE other than further enriching the PERCIVAL CENDAÑA is the under oath, to the level of a scandal, executive privilege has executive in Malacañang and Deputy Secretary General of competitive sport. taken a new meaning. Now it her cronies. Akbayan Party-list.

6 Human Rights FORUM HEALTHCARE UNDER conventions, quality and affordable healthcare remains elusive for Filipinos. LOCK AND KEY The unfortunate, impoverished people Dissecting the Hospital Detention Law Suffering from prolonged n By CANDY DIEZ labor, Marites was admitted in Bukidnon Provincial Hospital in THE Right to Health of everyone is Maramag on the 12th of July, guaranteed both in international 2007. She was then pregnant with her 7th child. conventions and domestic laws. With her husband afflicted The 1987 Philippine Constitution under with malaria, Marites was left Article 13, Section 11 states, “There shall with 6 children to feed, a be priority for the needs of the under-privileged, sick, Php4,750.00 unpaid hospital bill T and a new-born baby detained elderly, disabled, women, and children. The State shall with her at the provincial endeavor to provide free medical care to paupers.” hospital’s abandoned out- The United Nations emphasizes: “The creation of patient department. Without International Covenant on conditions which would assure to sufficient finances to settle Economic, Social and Cultural all medical service and medical hospital obligations, Marites Rights (UN ICESCR) also attention in the event of sickness”. and her baby still remained stresses the right to health of However in spite of these admitted almost a month after everyone. Article 12.2-D state guarantees and Photos: MEDICAL ACTION GROUP (MAG) she was hospitalized.

Human Rights FORUM 7 Detainees: Indigent patients and their families kept in detention at the Bukidnon Provincial Hospital of Maramag. Photos: MEDICAL ACTION GROUP (MAG) Marites was just among the to demand for his/her medical The state’s lack (P50,000.00). The violating party 18 patients who lay languishing certificate as well as other may also be imprisoned for not in carton mats in a ward papers necessary for his/her of political and less than one month, but not resembling a detention ward in release from the said medical more than six months. Both fine the Bukidnon Provincial facility. In case of deceased moral will to and imprisonment may also be Hospital in August of 2007. patients, the corresponding address the applied depending on the Bukidnon patients were certificates and other documents discretion of the proper court. constantly afraid of acquiring shall be similarly released to the issue of The Hospital Detention other diseases during their stay patients’ relatives. healthcare Law, however, does not apply in the filthy hospital ward. Failure to adhere to the to patients who opted for Patients detained for almost Hospital Detention Law would remains evident private rooms. It prioritizes three months have reportedly entail fines amounting to not in the 2007 indigent patients. tried to escape the hospital less than twenty thousand pesos premises for lack of adequate (P20,000.00), but not more than National Budget. Profits vs public service food and nourishment provided fifty thousand pesos ...... While the Hospital by the hospital.

The Hospital Detention Law To address the recurring cases of patients who get held in hospitals because they were unable to pay their bills, a legislative measure was enacted in April 27, 2007, declaring the act of detaining patients in hospitals illegal. Under Republic Act No. 9439, popularly known as the Hospital Detention Law, patients without the financial capacity to settle their hospital obligations but have fully or partially recovered are allowed to leave the hospital or medical clinic upon the accomplishment of a promissory note. The promissory note covering the patient’s hospital expenses should be guaranteed by a mortgage or a co-maker who will be similarly held liable for the unpaid hospital dues. A patient also has the right Gaol or refuge? Under RA 9439, hospitals cannot detain patients who are unable to pay for medical services.

8 Human Rights FORUM Detention Law gained praise for its pro-poor principles, its passage did not please hospital owners as well as doctors and nurses. The Private Hospitals Association of the Philippines (PHAP) began publicly airing their opposition to the law. PHAP argued that without the payments from hospital fees, hospital funds will not suffice for medicine and equipment expenses as well as the salaries of hospital employees. The group added that the hospital’s lack of fund sources will lead to closures of hospitals and will further drive health professionals to work abroad, where better compensation and benefit packages await them. Rustico Jimenez, spokes- person of PHAP, argued that many hospitals are burdened with unpaid bills. According to him, among the patients who secured promissory notes, only one out of 10 of them honored Photo: MEDICAL ACTION GROUP (MAG) the promissory agreements. IRR, the group renewed its call the Filipinos’ priorities. for national defense and 21% for Meanwhile, in their desperation, for the hospital boycott, saying In 1999, the DOH reported debt service. other patients resort to pro- the IRR can not sufficiently that cases of under medication In fact in the WHO World viding fictitious names and protect the interest of the (antibiotics) or over-medication Health Statistics 2007, the addresses to avoid their unpaid private hospitals. on cheap preparations were Philippines received a low rank obligations. During the hospital holiday prevalent. The World Health (153rd out of 192 countries) in the With these arguments, PHAP debates, DOH Secretary Fran- Organization meanwhile at- government’s health spending threatened to conduct a cisco Duque III contested the tested in their World Drug as a share of a country’s total nationwide ‘hospital holiday,’ arguments of the possible de- Situation in 2000 that less than spending on health. with PHAP member hospitals crease in the private hospitals’ 30% of Filipinos have regular Thus it is no longer closing down two to three times profits. Duque pointed out that access to medicines. 40% have surprising that in a study a month (although their these hospitals are actually never seen a doctor. conducted by the World Bank emergency wards will be kept receiving sufficient funds from In 2006, a meager 2.9 percent in 2001, data showed that open). The holiday will continue PhilHealth. According to the is being spent on medical care Filipino patients prefer private until 2008 or until the law is Health secretary, 70% of by a Filipino family. Expen- hospitals over government amended or reasonable Imple- PhilHealth reimbursements go ditures on healthcare reflected health facilities. According to menting Rules and Regulations to private hospitals, and a that 24.1 percent alone was spent the Filipino Report Card of Pro- (IRR) are formulated. Among meager 30% was reimbursed to on hospital room charges in Poor services, patients utilize the 300 member hospitals of government hospitals. 2001. 21.7 percent was used for the private hospitals and clinics PHAP are St. Luke’s Medical other medical charges such as the most in the Philippines and Center, Asian Hospital, Last priority doctor’s fees. across the regions (46%-59%). University of Santo Tomas (UST) According to the latest With poverty plaguing Government hospitals ranked Hospital, Medical City, and the analysis (2003) of the National Filipinos around the nation, to second with 30%-45% nation- Makati Medical Center. Statistical Coordination Board trust in the government’s health wide and in NCR and Luzon. The Department of Health (NCSB), 24 out of 100 Filipino care aid is the second most In spite of their financial (DOH) responded to the appeals families have not earned enough logical recourse. The state limitations, Filipino families of PHAP to consider the private to fulfill their basic food and however, has again failed in this continue to demand for quality hospital’s interest in the issue. non-food needs. Unemploy- aspect. and satisfactory healthcare DOH, through Undersecretary ment rates also remained high The state’s lack of political services. This demand is far Alexander Padilla, invited according to the National and moral will to address the from being met by the PHAP in the formulation of the Statistics Office, with 2.8 million issue of healthcare remains government, what with a IRR of the Hospital Detention Filipinos unemployed as of July evident in the 2007 National measly health budget allocation Law. this year. Budget. The state’s budget for each year. The need for better PHAP relented and post- With not enough earnings to health in 2007 was only 1.28 % healthcare is therefore being poned its planned strike. But spend for basic necessities, of the National Budget answered by the private after the initial crafting of the healthcare remained the least of compared to the 8% allocation hospitals.

Human Rights FORUM 9 In the guise of healthcare Presentation reform GMA News TV. (2007 May 24) Private While sincerely attempting hospitals defer strike over new law. to resolve the accessibility and May 24, 2007. http:// affordability issues of www.gmanews.tv/story/43718/ healthcare, the passage of the Private-hospitals-defer-strike-over- new-law (Accessed: October 17, 2007) Hospital Detention Law has just merely transferred the state’s IBON Info. (2007 Oct. 3) RP among obligations to the private sector. world’s worst in health services. http:/ Instead of creating an /info.ibon.org/ index.php?option=com environment in which health- _content&task=view&id=204&Itemid=51 care is accessible and affordable (Accessed: October 22, 2007) by allocating sufficient health Medical Action Group, Inc. (2007 Aug. budget to address the healthcare 1). Bukidnon Provincial Hospital needs of the public, the patients’ profile. government has preferred to prioritize expenditures for National Statistics Office. (2007 Oct. 9) Change in spending pattern national defense and debt among Filipino families seen in servicing. 2006. http://www.census.gov.ph/ Patients are then forced to data/pressrelease/2007/ make out-of-pocket payments, ie06tx.html (Accessed: October 19, driving them to the mercy of 2007) private hospitals that are National Statistics Office. (2007 Oct. charging fees beyond the 7) Medical care expenditures in 2000 patients’ financial means. reached P34.6 billion. http:// Private hospitals, mean- the cases of hospital detention REFERENCES: www.census.gov.ph/data/ while, are far from being pressrelease/2002/ ie00mdtx.html in the country, the passage of a (Accessed: October 19, 2007) unscathed. In their desire to earn law prohibiting such cases will Congressional Planning and more profits, they have mana- never be enough. Budget Department. (2006 Nov.) Peria, E. (2007 Mar. 14) Access to ged to neglect the individuals Until the widespread An analysis of the president’s medicines with the right to health in budget for fiscal year 2007. http:/ they have sworn to protect and poverty continues to ail the the Philippine context. Powerpoint /ia350634.us.archive.org/0/ Presentation. care for. Thus healthcare in the Filipinos, until the government items/CongressBudget private sector is oftentimes truly recognizes its right to PlanningDept2007National Republic Act No. 9439, The Hospital based on the financial capacity health obligation to its people, BudgetofPhilippines/budget07.pdf Detention Law. http:// of the patient. until comprehensive and (Accessed: October 22, 2007) www.senatorpiacayetano.com/ psc/ While the blatant profite- systematic reforms in the allthebills.php?recordID=37 Dizon, N. (2007 Aug. 30) Hospital (Accessed: October 15, 2007) ering of private hospitals at the various aspects of the healthcare holiday to proceed in September— expense of the poor Filipino system in the Philippines are PHAP. Philippine Daily Inquirer. http:/ Salaverria, L. (2007 May 25) ‘Hospital patients is by itself condemnable, implemented, the passage of the /newsinfo.inquirer.net/ holiday’ off, Sen. Pia Cayetano their arguments, however are Hospital Detention Law will breakingnews/nation/view_article. explains. Philippine Daily Inquirer. not. The threat of hospital only remain a symbolic gesture php?article_id= 85634 (Accessed: http://newsinfo.inquirer.net/ October 17, 2007) closures as well as the possible of the state’s attempt to fulfill inquirerheadlines/nation/ view_article.php? article_id=67895 increase in the migration of its Right to Health obligations Galvez Tan, J. Philippine national (Accessed: October 17, 2007) health professionals cannot to the Filipinos. health situation in 2005. Powerpoint simply be disregarded. Salaverria, L. (2007 May 24) Private In 2003, two hundred hospitals protest new law, threaten hospitals closed down and eight ‘strike’. Philippine Daily Inquirer. hundred were partly closed due http://newsinfo.inquirer.net/ breakingnews/nation/view to the lack of health workers. article.php?article_id= 67658 The Philippines to date is the (Accessed: October 17, 2007) number one exporter of nurses around the world. An estimated Tandoc, E. (2007 June 5) Threat of 85% of Filipino nurses are hospital ‘holiday’ lingers. Philippine Daily Inquirer. http:// working abroad. The Profes- newsinfo.inquirer.net/ sional Regulation Commission breakingnews/nation/ in 2004 reported that 8,931 view_article.php? article_id=69679 nurses leave the country each (Accessed: October 17, 2007) year. The large international United Nations. Human Rights – The demand for nurses triggered the Committee on Economic, Social and doctors to become nurses as well. Cultural Rights Fact Sheet no. 16 The medicine enrollees have (rev.1), p. 40. decreased by 33% in 2004...... If the government is truly CANDY DIEZ works with the sincere in its efforts to address Photos: MEDICAL ACTION GROUP (MAG) Medical Action Group (MAG).

10 Human Rights FORUM n By Mary Aileen Diez-Bacalso AFAD and FIND lobbied for the Philippine government’s support for what was then a Until when shall we wait? draft United Nations N August 30, 2001, on the occasion of the Convention for the Protection of All Persons from Enforced International Day of the Disappeared, a or Involuntary Disappearances Odelegation from the Asian Federation Against as well as for the enactment of Involuntary Disappearances (AFAD) and the Families the anti-enforced disappearance of Victims of Involuntary Disappearance (FIND) had bill. The president assured the delegation that the Philippine an audience with then newly-installed President government would support the Gloria Macapagal Arroyo. The delegation brought to international treaty and would the president’s attention the still unresolved cases of enact a domestic law enforced disappearances of the previous regimes criminalizing enforced (Marcos, Aquino and Ramos administrations). The disappearances. She then referred us to then-Vice president promised that in her administration there President and Secretary of would be no single case of enforced disappearances. Foreign Affairs, Teofisto DISAPPEARANCES CONTINUE WITHOUT LET-UP

Relatives of desaparecidos (disappeared) and advocates tireless in their quest for justice. (PEPITO FRIAS)

Human Rights FORUM 11 Former Akbayan Rep. Etta Rosales, Edith Burgos, mother of missing activist Jonas Burgos, and the author pause for a brief chat while enforced disappearances opponents hold vigil for victims of human rights violations (right photo). Guingona who likewise as authors. Supporters of the bill promised to do something have to start from square one concrete for the Philippine again in their lobby work. government’s support to the In a meeting with treaty. representatives of the Five years after, on Decem- Permanent Mission of the ber 20, 2006, the UN General Philippines to the United Assembly unanimously Nations in Geneva during the adopted the Convention. Less September 2007 session of the than a couple of months later, UN Human Rights Council, on February 7, 2007, fifty-seven AFAD renewed its appeal for countries signed the newly support. The same response was adopted international treaty. heard: the Mission had not yet The number of signatory received instruction from countries would reach 61 within Manila. Still, the Mission gave a few months. a reassurance that the This Convention provides Philippine government is for two new rights: the right to performing its human rights Photos: Asian Federation Against Involuntary Disappearances (AFAD). truth and the right not to be commitment step by step, as September 2005 by the inter- strongly holds that enforced subjected to enforced disap- manifested in the repeal of the sessional Open-ended Working disappearance constitutes an pearances. death penalty, its support to the Group to Elaborate a Draft offense under criminal law as Surprisingly, despite the Convention Against Torture Legally-Binding Normative it considers this widespread and Philippines’ record of being and the approval of the Writ of Instrument for the Protection of systematic practice a crime prompt when it comes to Amparo. All Persons from Enforced or against humanity. signing UN treaties, our country But there is nothing Involuntary Disappearances. It Furthermore, the Con- is not one of the signatories to reassuring about the continued was adopted by the UN Human vention provides for the right this newly adopted treaty. and unabated cases of forced Rights Council on June 27, 2006, of the relatives of the The much-needed Philip- disappearance in the country. approved by the General disappeared person and of the pine domestic law criminalizing As cases of disappearances Assembly in December 2006, society as a whole to know the enforced disappearances, which remain unsolved, the families and signed by 57 States on truth regarding the fate and was expected to be the first ever of the disappeared incessantly February 7, 2007 in Paris. As of whereabouts of the disappeared law against enforced disap- ask: Until when shall we wait? this writing, four more and on the progress and results pearance in Asia, has never seen governments had signed the of the investigation. the light of day. Recent develop- The international convention treaty. The Convention will State Parties to the new ments show the likelihood of The International Con- enter into force as soon as it is Convention shall cooperate in Nepal being the first Asian vention on the Protection of All ratified by 20 States. searching for, locating and country to enact such a law. The Persons from Enforced or The Convention states that releasing disappeared persons bill, which has languished in Involuntary Disappearance is a no person shall be subjected to and, in the event of death, in Congress for thirteen years universally binding instrument enforced disappearances under exhuming and identifying them now, was filed anew when the intended to address the prob- any circumstances, may it be a and returning their remains. 14th Congress assumed its lem of enforced disappearan- state of war or a threat of war, Moreover, the Convention function, with Rep. Satur ces. The final text of the internal political stability or contains a provision that Ocampo and Rep. Edcel Lagman Convention was approved in any other public emergency. It emphasizes the right to form

12 Human Rights FORUM Rep. Rosales was one of the main authors of the anti-enforced disappearance bill during her stint in Congress. Photos: AFAD imprescriptible; present, not a single country in • No one shall be held in Asia has a national law crimi- secret detention; nalizing enforced disappearan- • All State Parties shall ces. Thus, the Convention, if establish official registers adopted and ratified, will of persons deprived of facilitate the enactment of liberty; national legislations crimi- • In cases of enforced nalizing enforced disappearan- disappearance “victim” ces and ensure the implementa- means the disappeared tion of the provisions of the person and any individual future treaty. who has suffered harm as a A look at statistics will direct result of an enforced show why Asian countries are disappearance; and in direst need of such • All victims (in the broad mechanisms. Recent reports of sense stated above) of the UN Working Group on disappearance have the Enforced or Involuntary Disap- right to obtain reparation pearances show that the highest and prompt, fair and number of disappearances adequate compensation. occur in the Asian countries. This shall include: The cases occurred in the past ° restitution, and continue to happen at ° rehabilitation, present, as in the experience of ° satisfaction (including the Philippines. With the restoration of dignity absence of national, regional and reputation), and and international mechanisms ° guarantee of non- criminalizing enforced repetition. disappearances, the UN is the only venue which the families Asian countries do not have of the disappeared in the Asian a regional mechanism to region can use. protect, promote and uphold A state that ratifies the said human rights, be it a Convention will be compelled Convention, a Commission or to enact the necessary legisla- a Court. In comparison, Latin tion to ensure that it fulfills its and participate freely in therefore statutes of America has its Inter-American international obligations. organizations and associations limitation shall not apply Convention for the Protection While it may not have a felt supporting the cause of the until the fate and of All Persons from Enforced effect in the short-term, it will disappeared. whereabouts of the victim or Involuntary Disappearances, still be able to oblige States to Finally, the Convention are established; while Europe has several act in a more humane manner. provides that: • Enforced disappearances human rights instruments such The anti-enforced disap- constituting crimes against as the Council of Europe and pearance bill, which is on its 13th • Enforced disappearance is humanity (systematic and the European Convention on year since it was first filed by a continuing offense, widespread practice) are Human Rights. Moreover, at the late Rep. Bonifacio Gillego,

Human Rights FORUM 13 adopts the definition provided number of disappearances, for in the international Con- followed by the period vention and many of its salient 1987-1989 (during the provisions. Aquino Aministration’s The Convention is a clear Total War Policy); step in the struggle against 8. FIND has exhumed 81 impunity. It would ensure remains of victims nation- indictment of the perpetrators wide. and provide hope to the survivors and the relatives of Thus, from separate pre- the victims. sentations of both Karapatan and FIND, it is evident that while Under scrutiny: Human rights cases of the past remain record of Philippines unresolved, recent cases At no other time than now continue to occur without letup. should the Philippine govern- Perpetrators enjoy the privilege ment sign and ratify the of impunity that is causing non- Convention and make way for resolution of the cases and a national law criminalizing Asian Federation Against Involuntary Disappearances (AFAD) lobbied hard repetition of the same crimes. enforced disappearances. before the United Nations for the ratification of the International Convention Beyond mere statistics, on the Protection of All Persons from Enforced or Involuntary Several times, the government these cases speak of lives lost, Disappearance. Photo: AFAD of France, in many joint events of families broken, of mothers with AFAD, called on the The much needed as that of Pastor Berlin Guerrero waiting for their disappeared Philippine government to do so. of the United Church of Christ children to come back, of As a member of the UN Human Philippine domestic of the Philippines. children waiting for their Rights Council, the Philippines law criminalizing FIND’s presentation before disappeared parents to return, should manifest its political the same consultative summit of wives searching without will to resolve past cases of enforced show the following data: success for their husbands. This enforced disappearances and disappearances, crime against humanity prevent their recurrence. It which was expected 1. As of June 2007, there had violates the most basic of rights should do this especially since been 2,023 reported victims and causes emotional and the Philippine government is to be the first ever of disappearance nation- psychological trauma among once again in the limelight law against enforced wide (since 1971); the surviving kin of the victims. because of its appalling human 2. The Marcos regime re- In response to this rights record. disappearance in gistered the biggest num- alarming phenomenon, the The country faces censure Asia, has never seen ber of reported disap- government established the from the international commu- pearances (855); Task Force Usig and later the nity because of the rising the light of day. 3. Most of the victims come Melo Commission in order to number of cases of human ...... from the basic sectors: look into cases of extra-judicial rights violations, particularly has been personally filed farmers (820), workers execution and enforced disap- cases of enforced or involuntary before the UN Working Group (254) and youth (149); pearances. Both bodies con- disappearances and extra- on Enforced or Involuntary 4. The AFP registered the firmed these killings and judicial executions. Disappearances by Edita highest number of involve- enforced disappearances, impli- According to the human Burgos, the victim’s mother. ment in disappearance cating General Jovito Palparan rights group Karapatan, in a The Philippine National Police, cases (1,040) followed by Jr. for these crimes. Yet in her presentation before the alleged to have been responsi- the defunct PC-INP (225) 2006 State of the Nation Address, National Consultative Summit ble for the disappearance, and Marcos’ ICHDF (146); President Arroyo heaped on Extra-Judicial Killings and completely denies responsi- 5. Majority of the victims are praises on Palparan. Enforced Disappearances called bility and has conducted a smear between 16 and 25 years of The United Nations Special for by the Supreme Court, 188 campaign by accusing the age (482) followed by Rapporteur on Extra-Judicial cases of enforced disappearan- victim of being a member of the those between 26 and 35 Killings, Prof. Philip Alston, ces have been documented since New People’s Army. Such a years old (409). The age was invited by the Philippine the Arroyo administration desperate effort to justify the records of 498 victims were government to look into cases assumed power in 2001. disappearance leads to fears for not available; of extra-judicial killings, which One of these recent cases is the life of Jonas. There is also 6. Most of the disappearances are closely related to enforced that of Jonas Burgos, 37, a widespread concern that the occurred in the following disappearances. In many cases, peasant organizer who was case will become one of the regions: Western Visayas victims first disappeared before forcibly taken by four many unresolved cases of (327), Western Mindanao they were found dead. unidentified men and a woman enforced disappearances. (193), Southern Mindanao Alton’s report to the UN on April 28, 2007. Despite the Apart from the Burgos case, (181); Human Rights Council in filing of a case of habeas corpus more recent cases include the 7. The period 1983-1985 (peak March 2007 states: and the extraordinary efforts of still unresolved disappearance of the mass protest against the victim’s mother, Jonas is of UP students Karen Empeño the Marcos dictatorship) The impact of my visit, nowhere to be found. The case and Shirlyn Cadapan, as well recorded the highest although I have not yet

14 Human Rights FORUM completed my final report, should seriously consider the has been deeply schizo- UNWGEID’s request for a phrenic. On the one hand, second visit to the country if it the President has taken a is to manifest its political will range of positive initiati- to resolve this lingering ves, many of which I list in phenomenon. my preliminary note to the With the absence of disclo- Council. On the other sure of what really happened hand, the military and to victims of enforced disap- many key officials have pearances and efforts to buried their collective establish the identity of their heads in the sand and perpetrators, truth becomes a announced that business hollow byword. Justice re- will continue as usual. mains elusive as no court has made a breakthrough in pro- More recently, the Secre- secuting perpetrators. Redress tariat of the UN Working AFAD member Daisy Valerio, fourth from left, and other international human is unreachable as no victim or Group on Enforced or rights activists pause for a moment of silence for victims of enforced family of the victim has been Involuntary Disappearances disappearances all over the world. Photo: AFAD indemnified. Reconstruction of (UNWGEID), in a meeting with treaty bodies. Supreme Court had no the historical memory of the the Asian Federation Against It will be recalled that in immediate occasion to disappeared will not be fully Involuntary Disappearances 1991, upon the invitation of the review its rulings on made possible without the held in Geneva, Switzerland on Aquino administration, the UN warrantless arrests; attainment of truth, justice, September 27, 2007, confirmed Working Group on Enforced 4. Introduce legislation that redress and reparation. that the Working Group has Disap-pearances visited the should provide for civil made an official request for country. Such visit confirmed action against military and A ray of hope another visit to the Philippines. cases of enforced disap- police personnel for all Yet the unused powers of Such request is obviously a pearances both during the offenses involving civil- the judiciary enabled the follow-up of the result of the Marcos regime and the then ians; Supreme Court to call for a visit of Professor Alston which incumbent administra-tion of 5. Prosecute those responsi- National Consultative Summit confirmed that there are indeed President Corazon Aquino. ble for disappearances and on Extra-Judicial Killings and cases of enforced disap- The following were the take severe disciplinary Enforced Disappearances. A pearances perpetrated by the recommendations of the measures against officers breakthrough in the country’s military. This request, if UNWGEID to the Philippine who have failed to enforce history, it not only institu- accepted by the Philippines, government: adequate measures to tionalized the issue of extra- could be crucial to the prevent disappearances; judicial killings and enforced evaluation of the Philippine 1. Sever the national police 6. Fight actively against the disappearances, but came up Government’s performance in from the army and put the practices of “red labeling”; with concrete recommenda- the field of human rights as it police under a different 7. Establish regional and tions to guarantee solutions. will be subjected to the cabinet minister in order central registers of arrest in A couple of months later, on Universal Periodic Review by to reduce the power in the order to facilitate the September 25, 2007, the Supreme the UN Human Rights Council area of maintenance of search for missing persons; Court approved the draft Rule in April 2008. public order in the hands 8. Pursue even more vigo- on the Writ of Amparo. It In its Resolution 60/251, the of one single body; rously the clarification of provides “a remedy available to General Assembly decided that 2. Disband the CAFGUs – as disappearances; any person whose right to life, the Council will, among others, recommended also by the 9. Initiate a thorough over- liberty and security is violated undertake a universal periodic International Labor haul of both the law and or threatened with violation by review based on objective and Organization, the Peace practice of habeas corpus; an unlawful act or omission of a reliable information of the Commission, the Senate and public official or employee, or fulfillment by each State of its Committee on Justice and 10. Protect witnesses. of a private individual or entity.” human rights obligations and Human Rights and various To take effect on October 24, 2007, commitments in a manner NGOs – or at least restrict Sixteen years later, instead the Rule protects people from which ensures universality of their deployment to the of seeing the above recom- extra-judicial execution and coverage and equal treatment defensive action under the mendations implemented, it is enforced disappearances and with respect to all Member- supervision of the army in sad to note that cases of the past therefore, gives guarantee for the States. The review shall be a which strict discipline remain unresolved. Worse, right to life. cooperative mechanism based should be enforced; they continue unabated. With Amidst this dark night of on an interactive dialog with 3. Introduce legislation to the implementation of the the disappeared, a ray of hope the full involvement of the narrow powers of arrest by Human Security Act of 2007, the flickers. n ...... country concerned and with strictly circumscribing country’s local anti-terror law, consideration given to its which category of public it is feared that the sorry human *AILEEN BACALSO is the capacity-building needs. Such a officials may arrest rights record of the country will Secetary-General of the Asian mechanism shall complement civilians for which only worsen. Federation Against Involuntary and not duplicate the work of offences, in case the The government, therefore, Disappearances (AFAD).

Human Rights FORUM 15 Alamin ang inyong mga KARAPATAN kalayaan mula sa mga tauhan ng gobyerno o kaya ay mula sa mga pribadong indibidwal. Pwede itong isampa ng mga taong sa tingin nila ay minamanmanan sila, nakatanggap ng ‘death threats,’ o napag- Writ of Amparo alamang posible silang ipapatay o ipadukot. Kung ang indibidwal naman ay nabiktima na ng ganitong mga AHIGIT DALAWANG taon na mula nang paglabag, pwede itong isampa ng mga kamag-anak, kaibigan, at magsimula ang sunod-sunod na pagdukot mga pribadong organisasyon upang mailabas o maproteksyunan Mat pagpatay sa mga aktibista at mga ang biktima. mamamahayag sa ilalim ng administrasyong Arroyo ngunit hanggang ngayon ay wala pa ring kasong Sino ang pwedeng naresolba at wala pa ring napaparusahan. magsampa nito? Ang petisyon ay pwedeng isumite ng mismong biktima o posibleng biktima at kung hindi naman ito possible, pwedeng magsampa (batay sa pagka- kasunod-sunod) ay ang:

a.)Sinumang miyembro ng pamilya, asawa, anak, o mga magulang, ng biktima; b.) Mga kamag-anak hanggang sa ika-apat na lebel kung wala Hanggang ngayon ay nananatiling nasa panganib ang buhay ang mga binanggit sa naunang talata; at seguridad ng mga bokal na tumutuligsa sa mga tiwaling k.) Sinumang mamamayan, organisasyon, asosasyon, o opisyal ng pamahalaan. institusyon kung wala Sa gitna ng sitwasyong ito, pinagtibay ng Korte Suprema nang matagpuang kamag-anak ang biktima ang ‘writ of amparo’ at mga kaukulang alituntunin nito upang bigyan ng dagdag na legal na proteksyon ang mga taong Saan ito pwedeng isampa? kasalukuyang nilalabag o posibleng malabag ang mga karapatan dahil sa kanilang pampulitikang paniniwala o dahil sa Ang petisyong ito ay pagsisiwalat ng katotohanan. pwedeng isampa sa korte Nagsimulang magkabisa ang ‘writ of amparo’ noong Oktubre anumang araw at anumang 24, taong kasalukuyan. oras. Isusumite ito sa Regional Trial Court (RTC) kung saan Ano ang ‘writ of amparo’? naganap ang paglabag o anumang elemento nito o kaya naman ay sa Ito ay isang petisyong pwedeng isampa sa korte kapag Sandiganbayan, Court of Appeals, at nilabag, nilalabag, o posibleng malabag ang karapatan sa buhay, sa Korte Suprema. kalayaan, at seguridad ng isang tao dahil sa iligal na aksyon o Ang writ na ito ay pwedeng pagpapabaya ng mga opisyal at kawani ng pamahalaan o ng ipatupad sa anumang bahagi ng mga pribadong indibi- Pilipinas. dwal o grupo. Walang ‘docket fees’ o anumang Kasama sa pino- bayaring kailangan para maisampa proteksyunan ng writ of ang petisyong ito. amparo ang mga kaso ng ‘extralegal’ na pagpatay at Ano dapat ang laman ng petisyon? sapilitang pagkawala o pagdukot. Ibig sabihin, pwede a.) Ang personal na sirkumstansya o itong gamitin ng isang pagkakakilanlan ng nagpe-petisyon; taong batay sa ilang b.) Pangalan at iba pang pagkakakilanlan ng ebidensya at pangyayari taong responsable sa pagbabanta, aktwal na ay naniniwalang may paglabag o pagpapabaya at kung hindi alam banta sa kanyang ang pangalan, ang inirereklamo ay buhay, kaligtasan, at pwedeng tukuyin sa

16 Human Rights FORUM pamamagitan ng inaakalang yunit, opisina, o grupong kinabibilangan nito; k.) Ang karapatan sa buhay, kalayaan, at seguridad na nalabag o posibleng malabag at kung paano nilabag o nanganib ang karapatang ito; kasama ang paglalahad ng mga kaugnay na pangyayari sa pamamagitan ng ‘affidavits;’ d.) Kung may naganap na imbestigasyon, ang pangalan, tirahan at iba pang pagkakakilanlan ng mga opisyal na nagsagawa ng pagsisiyasat, ang kondukta at paraan ng pag-iimbestiga at anumang ulat kaugnay ng imbestigasyon; e.) Ang mga aksyon at remedyong sinubukan ng nagpepetisyon upang malaman ang kinaroroonan o nangyari sa biktima at ang identidad ng taong responsable sa paglabag, pagbabanta, o pagpapabaya; at g.) Ang hihilinging remedyo ay maaaring pangkalahatang kahilingan para sa iba pang makatarungang remedyo. Ang Korte Suprema ang magtatalaga ng mga Pag-isyu ng ‘Writ’ pribadong institusyong papayagang magbigay Kapag nakita ng ng ganitong proteksyon. korte na may sapat na dahilan upang b.) Inspection Order- kapag hiniling ng nagpepetisyon at maglabas ng ‘writ’ nakapagdaos ng pagdinig hinggil dito, maaaring ipag- upang utos ng korte ang pagpasok sa isang lupa o ari-arian maproteksyunan o upang ma-inspeksyon, magalugad, o malitratuhan ito. mabigyang lunas ang paglabag sa mga nabanggit na karapatang Ang mosyon upang mahalughog ang isang lugar ay pantao, maglalabas ang dapat na may kasamang sinumpaang pagsasalaysay ‘clerk’ ng korte o ang ng mga saksing may personal na kaalaman hinggil sa mismong hukom ng pagkawala ng biktima. ‘writ’ at magtatalaga ito ng opisyal Halimbawa nito ay ang pag-inspeksyon sa mga kampo na maghahatid nito at mga ‘safehouses’ na posibleng pinagdalhan sa mga sa lahat ng partido dinukot na indibidwal. sa kaso. Dapat ding k.) Production Order - kapag hiniling ng nagpepetisyon at nakasaad sa inisyung ‘writ’ ang petsa at oras ng paglilitis na dapat nakapagdaos ng pagdinig hinggil dito, gawin nang hindi lalampas sa pitong (7) araw pagkatapos ilabas pwedeng utusan ng hukuman ang ang nasabing ‘writ.’ sinumang may hawak o may kontrol Kapag natanggap na ng inirereklamo ang ‘writ,’ meron siyang sa anumang dokumento, libro, litrato, 72 oras upang magsumite ng sagot sa korteng nag-isyu nito. o anumang nahahawakang bagay maging ito ay nasa anyong Mga Pansamantalang Remedyo elektroniko o ‘digital’ na Pagkatapos maisampa ng petisyon at bago ang pinal na naglalaman ng ebidensyang may desisyon hinggil dito, ang korte o ang huwes ay pwedeng magbigay kinalaman sa petisyong ng mga sumusunod na pansamantalang remedyo upang nakasampa. mapangalagaan ang kaligtasan ng mga saksi at ng nagpepetisyon: d.) Witness Protection Order – maaari ring a.) Temporary Protection Order – pwedeng iutos ng korte na irekomenda ng korte ang pagpasok maproteksyunan ang biktima, nagpepetisyon, at mga ng mga saksing may kaugnayan sa miyembro ng kanilang pamilya sa isang opisina ng petisyon sa Witness Protection, Security, gobyerno o itinalagang pribadong institusyong kayang and Benefit Program ng Department of pangalagaan ang kanilang kaligtasan. Kung ang Justice (DOJ). Pwede rin silang i-endorso nagpetisyon ay isang asosasyon o organisasyon, ang ng korte sa ibang ahensya o proteksyong ito ay pwedeng ibigay sa mga opisyal nito. itinalagang pribadong institusyong maaaring magbigay sa kanila ng proteksyon. n

Human Rights FORUM 17 n By Sitti Nur-Aina L. Jaji

VEN WITH the on-going peace negotiations between the government and the Muslim rebels, the security situation in Mindanao is so volatile that even a small incident could trigger an all-out war. EHow much more the The Philippine kidnapping of a foreign priest government also and the beheadings of soldiers? Recently, these two tagged the Abu Sayyaf incidents led to the unleashing as a terrorist of the military arsenal in organization despite Basilan, Mindanao which allegations that it is a predictably resulted again in loss of more lives, destruction creation of the of property and displacement of Philippine military as thousands of civilians. a paramilitary group...... War in Mindanao RENEWED OFFENSIVE, Payao, Zamboanga Sibugay. Yet the military operation was highlighted in Basilan Province, RENEWED COST even when the League of The kidnapping Provincial Mayors pointed out The Philippines once again that the priest had not been caught the attention of the sighted in Basilan. One mayor international community with explained that it was difficult to the latest kidnapping incident transfer Fr. Bossi due to the of a foreign national. Fr. inclement weather. Giancarlo Bossi, 57, the parish priest of Payao town, Why insist on Basilan? Zamboanga Sibugay was seized Basilan Province, an island- on June 10, 2007 while on his province south of Zamboanga way to celebrate mass in City, is the home turf of the Abu Barangay Bulawan in the same Sayyaf Group (ASG). Set up in municipality. The Italian priest the early 1990s, the ASG is the was a member of the Pontifical smallest of the Muslim rebel Institute for Foreign Missions groups in the Philippines, with (or Pontificio Instituto Missioni 400 members. But it is one of Estere, PIME). An end to war: NCR-based Muslims gather at the Blue Mosque in Taguig City the most notorious – if not the for a prayer rally, August 31, 2007. Photos: Anak Mindanao website The only difference this time most notorious – rebel groups was that a renegade Muslim Rescue operation was the fact that the military operating in the country. It is separatist, not the Abu Sayyaf With pressure from the operations were not blamed for kidnappings, Group (ASG), admitted to the international community, Mrs. concentrated in Zamboanga bombings, and beheadings in kidnapping. Also, that it was Arroyo ordered the rescue Sibugay Province, despite the Philippines. The US has committed in Zamboanga operations. Military operations reports that the abducted priest listed the group as a terrorist Sibugay Province and not ensued in pursuit of the possible was being held somewhere organization and says it has anywhere in Basilan where perpetrators. This is the usual within the province. A top police links to Al-Qaeda, the primary previous high profile scenario whenever kidnapping official received a text message suspect in the 9/11 attacks in the kidnapping cases were happens in the country. disclosing that Fr. Bossi was US. instigated. What was unusual however being kept in Kulasian cave in Immediately after the said

18 Human Rights FORUM terror strikes, the United States spearheaded a global campaign against terrorism to which the Philippine government, being a close US ally, has faithfully committed its political and military support. It was also under the auspices of the war on terror that the US government through the Visiting Forces Agreement (VFA) has poured millions of dollars worth of military aid and technical assistance to the Philippine military’s counterinsurgency drive against the ASG. The Philippine government also tagged the Abu Sayyaf as a terrorist organiza-tion despite allegations that it is a creation of the Philippine military as a paramilitary group.

July 10 “Ambush” In what was claimed as an effort to rescue the kidnapped In search of peace: A prayer rally held at the Blue Mosque, Taguig City, August 31, 2007. Photo: Anak Mindanao website priest, members of the 1st Marine Brigade carried out an responsibility for the beheading recognized by the Government Ceasefire agreement “intelligence-driven” operation of the Marines. of the Republic of the Through the course of the in Basilan on July 10, 2007. The This incident raised Philippines (GRP) under its on- on-going three-year peace target was an alleged ASG camp. widespread indignation from going peace talks with the MILF. process between the MILF and The ensuing clash between different sectors of society the GRP, both parties and their the military and members of the especially from respective Bangsamoro Islamic Armed politicians armed Forces (BIAF) of the Moro and the forces Islamic Liberation Front (MILF) military in Brgy. Guinanta, Al-Barka, and was later Basilan lasted eight hours. The publicized as an encounter claimed the lives of “ambush” of five (5) members of the BIAF- military troops by MILF and twenty three (23) from the Muslim rebels the Marine troops. Several resulting in the death of 14 others were wounded. marines, ten of which were At about 5:00 in the decapitated. afternoon, a ceasefire was In reaction to the proclaimed. Both forces beheadings, the military with conducted clearing operations the approval of the President, then withdrew from the area of launched an all-out offensive hostilities, bringing along with against the alleged perpetrators, them their respective wounded the ASG, despite pleas from the and casualties. religious groups and peace But the following day, the advocates for the authorities to MILF found seven (7) dead explore other means to resolve bodies, all of them beheaded. the conflict to avert further Six (6) were identified as escalation of hostilities not members of the Marine troops; only in Basilan but in other the seventh was that of a 69- areas of Mindanao. year-old Imam (Muslim religious It should also be noted leader) identified as Matarul that the target of the July Hakanul. 10 operation which was The MILF accused the supposedly an alleged ASG Triumphalism: To a lot of Muslims, military presence in Mindanao Marines of the Imam’s camp turned out to be a has not contributed to their yearning for a peaceful homeland. beheading while disclaiming legitimate MILF territory Photo: PhilRights photobank Human Rights FORUM 19 have agreed to and adopted the resulted in the displacement of Ground Rules for a Ceasefire 2,295 families from eight (8) Agreement. Under this protocol, municipalities in Basilan. AFP troop movements in MILF As usual, the ensuing con- areas require prior coordination flict left a trail not only of with the rebels and vice-versa. violence and bloodshed but Evidently, the Ceasefire massive human rights viola- Agreement was not honored tions affecting the people of when members of the 1st Marine Basilan and Sulu. Brigade conducted the July 10 operation in a recognized MILF Reckoning the cost area without the required prior coordination. Right to Security However, media and Valuing one’s right to be military reports on the July 10 secured of his/ her person, the incident failed to mention this Universal Declaration of violation of the ceasefire Human Rights (UDHR) agreement but instead focused pronounced under Art. III, on the beheadings of the “Everyone has the right to life, marines. This could be liberty and security of person.” explained by the fact that the Human security means, first, press was more preoccupied safety from chronic threats such with the sensational aspect of the as hunger, disease and repres- event and the military was too sion. And second, protection eager to generate negative from sudden and hurtful publicity against the rebels. disruptions in patterns of daily The media attention on the life (whether in homes, jobs, beheadings also overshadowed communities). Loss of human the obvious conclusion that the security can be human-made July 10 operations which was (wrong policy choices), stem Evacuation centers have become home to a lot of Muslim families trapped supposedly an “intelligence- from the forces of nature, or in the midst of war in Mindanao. Photo: PhilRights photobank driven” rescue attempt for Fr. both. Bossi ended up as a disaster from of a joint GRP and MILF fact- VFA, the US government has The all-out war policy of the all perspectives. finding mission. In the end, the given the biggest reward (Php government in Basilan and Sulu Clearly, the costly operation joint panel concluded that the 450 million) to Filipino has caused human insecurity which was paid for with human ASG was responsible for the informants that led to the killing among the populace, sowing lives on the sides of both the grisly crime. of ASG chief Khadaffy Janjalani. fear and threats of oppression soldiers and the rebels, did not Again, it was a timely Moreover, the US troops from State actors: result in the freedom of Fr. coincidence that while the stationed in Sulu are giving Bossi. Neither did it pinpoint the Arroyo administration gains assistance to Filipino troops that “…soldiers were firing priest’s whereabouts. Its only international recognition for are tracking down the Abu indiscriminately although they achivement was to undermine the safe release of Fr. Bossi, the Sayyaf. The Americans had been knew where the ASG were the on-going peace negotiations ASG gained further notoriety training Filipino soldiers in the situated. The soldiers are only that have been painstakingly for the beheadings of the ten fight against terrorism since tough with the civilians. Earlier built not only by the govern- marines. 2002. A US official claims that at 2:00 in the morning (August ment and the MILF but also by Obviously, the Philippine the exchange of military 17), they took with them 9 the people belonging to government needed to highlight expertise between the two women, 8 men and some different peace movements in the role of the ASG before the countries has hastened and children from Tanjung. Until Mindanao. international community to intensified the campaign against now, they are still detained at sustain its popularity among the terrorism in Sulu. 104th brigade.” (Aug 18, 2007) Fr. Bossi’s release countries that comprise the anti- Eventually, Fr. Bossi was terror “coalition of the willing,” Renewed offensive “Some members of the AFP are freed unharmed in Lanao del especially the United States. The Based on the MILF-GRP joint conducting house to house Norte on July 19, 2007. It was Abu Sayyaf is the Philippine’s panel findings on the July 10 search in Mubarakat, Isabela indeed a timely occasion for ace up its sleeves, its most beheadings, the government City, Basilan tonight. This is a Mrs. Arroyo’s scheduled travel valuable asset in cementing its launched a series of military brazen violation. Or is this abroad on the same week. ties with the US that translates offensives against the indicted another form of legalized anti- Hence, it was no surprise that to financial assistance and perpetrators, the ASG and raided terror campaign?” (Aug 19, she was lavished with praises military support. a camp of the group. From mid- 2007) and positive feedback from the In fact, aside from the July to August this year, nine international community millions of dollars of military (9) battalions were deployed in “Full military operations. They during that time. aid and technical assistance for Basilan alone to hunt 80 ASG capture any suspected rebels, Meanwhile, the July 10 the counterinsurgency against fighters. many now detained in the beheading led to the formation the Abu Sayyaf through the These military operations brigade. IDPs are multiplying.

20 Human Rights FORUM Cong. Jikiri in Sulu told the The operation against the MNLF not to fight and leave ASG in Basilan and Sulu was the ASG to roam the jungles conducted during the Islamic to hide. If MNLF people will observance of Ramadan. As not fight, our people will be quoted in the news, Defense Sec. victims: captured, robbed, our Teodoro said, “Military houses burned, and perhaps operations will still be mounted our women raped.” (Aug 19, against Abu Sayyaf bandits in Sulu 2007)1 and Basilan even during the Muslim holy month of Ramadan Right of Abode which begins on Sept 15”. The freedom to choose the This blatant disregard of one place of residence is a duly of the main pillars of Islam accorded right of every person (fasting during Ramadan) enshrined in different human showed the cultural insensi- rights instruments, both at the tivity of the government and a national and international level. clear violation of the Muslim The right to freedom of peoples’ right to religion. The Anak Mindanao Party-list leaders speak at a prayer rally for peace in their movement and residence within homeland, August 31, 2007. (Photo: Anak Mindanao website) government should be the borders of each state has reminded that this right is a been recognized under Article compulsory, free and available The Philippine composite of the right to one’s 13 of the Universal Declaration to all. belief and the exercise of such of Human Rights (UDHR). At the national level, Article government belief. In the same manner, the 1987 XIV of the Philippine Consti- needed to In the final analysis, the UN Philippine Constitution pro- tution states, “The State shall pointed out that the two major vides that the liberty of abode protect and promote the right highlight the role components of human security and of changing the same within of all citizens to quality edu- of the ASG before are freedom from fear and the limits prescribed by law cation at all levels and shall take freedom from want: shall not be impaired except appropriate steps to make such the international upon lawful order of the court education accessible.” community to “The battle of peace has to be (Art III, Sect 6 thereof). But during the military fought on two fronts. The first is the Nonetheless, alleged en- operations in Basilan and Sulu, sustain its security front where victory spells counters between the military eleven (11) elementary schools popularity among freedom from fear. The second is the and the ASG have dramatically were forced to shut down. Aside economic and social fronts, where increased the number of from this, public schools are the countries that victory means freedom from want. internally displaced persons usually converted as evacuation comprise the anti- Only victory on both fronts can (IDP) in the area. Several centers during armed conflicts ensure the world of an enduring alleged encounters including resulting in suspension of terror “coalition of peace…No provisions that can be two incidents on August 7 and 8 classes for indefinite periods of the willing.” written into Charter will enable the resulted in the forced eviction time...... Security Council to make the world of 14,888 persons or individuals secure from war if men and women or 2,934 families from fifteen (15) Right to Food right to religion which the have no security in their homes and barangays in four (4) muni- As the number of innocent UDHR affirms under Article 18: their jobs.” (1945,US Secretary of cipalities. civilians affected by the “Everyone has the right to State).3 n hostilities in Basilan and Sulu freedom of thought, conscience Right to Education grew, different sectors of society and religion…this right SOURCES According to the United appealed to the Arroyo includes the right to manifest his Nations (UN), education is government to order a cessation religion or teaching, practice, Moro Human Rights Center crucial for the holistic of military operations. worship and observance” (MHRC) in Basilan development of every person Instead, PGMA went on to Similarly, the Philippine and instrumental in realizing pronounce an all-out war in Constitution recognizes under 1 Testimonies of the paralegal their other rights. Basilan and Sulu and ordered Article III, Section 5 “The free volunteers of the Philippine Article 26 of the UDHR states the military to continue exercise and enjoyment of Alliance of Human Rights that “Everyone has the right to pursuing the ASG elements religious profession and Advocates (PAHRA) in education…Elementary responsible for the beheading worship, without ZAMBASULTA area in education shall be of the marines. discrimination shall forever be Mindanao. compulsory…” Along with the declaration allowed….” Moreover, Article 13 of the of a news blackout in Basilan, a In its campaign against the 3 Overview, Philippine Human International Convention on food blockade was also enforced New People’s Army (NPA), it Development Report 2005 Economic, Social and Cultural by the military in some has been the practice of the ...... Rights (ICESCR) further stresses localities in the province. government to declare NUR L. JAJI, coordinates the the (1) recognition of the right ceasefires during Christian education bureau of the Philippine to education and that (2,a) Right to Religion holidays especially during Alliance of Human Rights Advocates Primary education shall be Of equal importance is the Christmas season. (PAHRA).

Human Rights FORUM 21 ANG BARIKADA SA PACQUET, KASIBU, NUEVA VIZCAYA Isang Kwento ng Pakikibaka Laban sa Malakihang Pagmimina n Ni EMY TAPIRU Noong Agosto 29, 2007, Miyerkules, ilang mga ng naturang kumpanya sa AANO KUNG tutol ang mga tao sa katutubong lalaki at babae ng kanilang komunidad. komunidad sa kaunlarang itinutulak ng Kasibu, Nueva Vizcaya ang Naiwasan lamang ang pamahalaan? nasaktan nang piliting gibain pagputok ng mas matinding ng mga tauhan ng Oxiana karahasan sa pagitan ng 1,000 Paano kung ang tingin nila rito ay hindi Philippines Inc.(OPI), isang residente at mga tauhan ng OPI kaunlaran kundi magiging mitsa ng Australyanong kumpanya ng at mga miyembro ng Citizens’ pagkasira ng kanilang kabuhayan at kapaligiran? pagmimina, ang dalawang Armed Forces Geographical P Unit (CAFGU) na inupahan ng Hanggang saan nila ipaglalaban ang kanilang buwan nang nakatayong karapatan? barikada ng mga taga-Kasibu kumpanya nang mamagitan upang mapigil ang operasyon ang mahigit isandaang tauhan ng Philippine National Police (PNP).

Maliwanag ang mensahe ng mga taga-Kasibu sa mga nais magmina sa kanilang lugar, ayaw lamang makinig ng mga kumpanya at ng pamahalaan. ( JM VILLERO)

22 Human Rights FORUM Upang mabawasan ang tensyon at mapigil ang panibagong karahasan, ipinag- utos ni Lito Atienza, kalihim ng Department of Environment and Natural Resources (DENR) na maupo sa isang dayalogo ang lahat ng partidong sangkot sa problema at pansamantala ay tigilan muna ng Oxiana ang pagpasok ng mga kagamitan sa pagmimina sa nasabing lugar.

Kaso laban sa mga taga-Kasibu Bago pa ang insidenteng ito, dalawang beses nang nabigong magpasok ang OPI ng mga heavy equipment at iba pang mga Gumamit ng mga bayarang armadong tauhan ang Oxiana sa kanilang kagamitan para sa nakatakdang pagpipilit na makapasok sa exploration site. Photo: ALYANSA TIGIL MUNA (ATM) paghahanap at pagmimina nito sa kanilang mga lider sa ng opinyon hinggil sa planong ng ginto at copper sa mga pamamagitan ng pagsama sa pagmimina. barangay ng Pao, Kakidugen, at kanila tuwing may pagdinig sa Ang exploration site ay nasa Dine sa bayan ng Kasibu. kaso. loob ng ancestral domain ng mga Determinado ang mga taga- Dahil sa pagharang ng mga Nito lamang Oktubre ng Bugkalot kaya kailangan ng Kasibung huwag padaanin ang mga taga-Kasibu sa pagpasok ng taong kasalukuyan ay ibinasura pagpayag ng mga katutubo sa kagamitang pangmina ng Oxiana Oxiana sa exploration site, ang kasong injunction laban sa anyo ng Free, Prior, and Philippines, Inc (OPI). Sumuporta idinemanda ng naturang mga pinuno ng KIRED sapagkat Informed Consent (FPIC) bago rin sa mga residente ang mga non- kumpanya sina Kapitan napatunayang wala nang legal makapagsagawa ng anumang government organizations (NGOs) Mariano Maddela ng Barangay na personalidad si Dolinen para proyektong pangkaunlaran dito. at mga taong simbahan tulad ng Pao, Kapitan Alejo Tuguinay ng Unang nabigyan ng permit madreng ito. maghabla dahil nabili na ng Barangay Kakiduguen, Kapitan ang OPI noon pang Hunyo 9, Photo: ALYANSA TIGIL MUNA (ATM) Royalco Resources Limited Manuel Binuya ng Dine, (Royalco), isa ring 2003 (EP #11-000014) at may bisa Felimon Blanco ng Pacquet at Australyanong kumpanya, ang sa loob ng dalawang taon. Agad 18 pang mga lider ng Kasibu Oxiana. na nagpetisyon sa National Inter-tribal Response for Commission on Indigenous Ecological Development Permit ng Oxiana / Royalco Peoples (NCIP) ang mga tao sa (KIRED) na siyang nangunguna Iginigiit ng mga taga- Kasibu sa pangunguna nina sa paglaban sa planong Kasibung tutol sa pagmimina ng kapitan Maddela at Tuguinay at pagmimina. Oxiana na hindi dapat nabigyan kinwestiyon ang nasabing Noong Hulyo 23, dahil sa ng pahintulot ang nasabing permit sapagkat hindi naman kasong isinampa ng OPI sa kumpanya dahil hindi dumaan sa proseso ng FPIC ang pamamagitan ng kinatawan nakasama sa mga isinagawang Oxiana. nitong si Lourdes Dolinen, konsultasyon ang ibang tribu sa Sa bisa ng mga ebidensyang naglabas ng 20-day temporary Kasibu at hindi rin lahat ng mga iniharap ng mga tao, naglabas restraining order (TRO) si Judge Bugkalot sa lugar ay nahingan ng permanent injunction order ang Jose Godofredo Naui laban sa mga nasabing opisyal ng Kasibu at mga lider ng KIRED at binawalan silang lumapit man lamang sa barikada. Makalipas ang mahigit dalawang linggo, Agosto 9, naglabas naman ang korte ng preliminary injunction laban sa mga lider ng Kasibu at ipinag- utos ang pag-alis sa barikadang pumipigil sa pagpasok ng OPI sa exploration site. Hindi pinanghinaan ng loob ang mga taga-KIRED sa kabila ng mga desisyong ito ng korte bagkus ay lalo pa nilang ipinakita ang kanilang suporta Nakipagpulong ang mga taga-KIRED sa mga kinatawan ng Alyansa Tigil Mina (ATM) upang mapalakas ang kampanya. JM VILLERO

Human Rights FORUM 23 NCIP laban sa OPI at mamamayang nagkaisang pansamantalang natahimik ang ipaglaban ang kanilang mga usap-usapan hinggil sa karapatan kaysa anumang balak na eksplorasyon ng batas, desisyon ng korte, Oxiana. programa ng pamahalaan at Ngunit makalipas lamang maging karahasan mula sa mga ang ilang panahon, inimbitahan makapangyarihan. ng NCIP sila Maddela at Sa ngayon ay patuloy na Tuguinay upang sumama sa nilalabanan ng mga taga-KIRED paghahanda ng financial workplan ang pagpasok ng malakihang upang makapagsagawa ng FPIC pagmimina sa pamamagitan ng sa mga maaapektuhan ng pagdulog sa iba’t-ibang opisina pagmimina ng OPI. Tatlong at institusyon ng pamahalaan at beses nagpunta sa opisina ng pag-iikot sa mga karatig na NCIP ang mga kapitan ng barangay at bayan upang Kasibu kasama ang maraming ipaalam sa mga kababayan nila mga residente upang ipaabot sa ang masamang epekto ng mina. nasabing ahensya na tutol sila Sabi nga ng isang lider nila, sa pagsasagawa ng FPIC dahil “kung hindi namin ito gagawin, Pansumandaling nakapahinga ang mga taga-Kasibu nang iutos ni Lito una, meron nang permanent Atienza, kalihim ng DENR na itigil muna ng Oxiana ang pagtatangka nitong sayang naman ang pinag- injunction laban sa OPI at pumasok sa lugar na pagmiminahan. Photo: ALYANSA TIGIL MUNA (ATM) hirapan naming pagbabarikada pangalawa, maraming sa Pacquet.” ginagawang panlilinlang ang Guives ang barikada sapagkat kumpanya para makuha ang kung ito ay nasa public road, *Si EMY TAPIRU ay local pagpayag ng mga tao. malamang na makasuhan ng coordinator ng Philippine Human Sa kabila nito, nagpumilit obstruction ang mga Rights Information Center pa rin ang Oxiana at nagbigay nagbabarikada. (PhilRights) sa Nueva Vizcaya. ng pondo para sa pagsasagawa Ganunpaman, hinayaan pa Nagtrabaho rin siya sa Philippine ng mga konsultasyon bilang rin ng mga taong dumaan ang Rural Reconstruction Movement bahagi ng FPIC. Naganap ang mga empleyado ng Oxiana (PRRM-Nueva Vizcaya) at sa Social tatlong pulong noong Abril, basta wala silang dalang mga Action Center ng nasabing 2007 sa Sitio Singkang, kagamitan at materyales ngunit probinsya. Kakiduguen kung saan palihim pa ring nagpuslit ng maraming mga residente ang maliliit na gamit ang mga MGA PINAGHALAWAN JAY AZUCENA pabor sa pagmimina. tauhan ng kumpanya. Kaya noong Hunyo 19, 2007, Philippine Mining Act of 1995. Burgonio, T.J. Aussie firm told to na-isyuhan ng FPIC certificate of Sapagkat minorya lamang Determinasyon at pagkakaisa stop mining exploration in Vizcaya. compliance ang Oxiana batay sa ang nakonsulta at naitsa-pwera Noong tinanong ang mga Phil. Daily Inquirer, August 30, iniharap nitong Memorandum of ang mga Ibaloi, Ifugao, taga-KIRED na nagbabarikada 2007, http:// Agreement (MOA) na may Kalanguya, at iba pang mga kung hanggang saan nila newsinfo.inquirer.net/ petsang Abril 25, 2007, sa tribung migrante, nagdesisyon kayang dalhin ang laban sa breakingnews/regions/ pagitan ng kumpanya at mga ang KIRED na itayo ang malakihang pagmimina, view_article.php?article_id=85654 Bugkalot na kinatawan nila barikada sapagkat ito na lamang walang pag-aalinlangan ang Dante Taguem, Sintol Camma ang nakikita nilang paraan kanilang sagot, “habang meron Gascon, M. Scores hurt as at Roberto Cabarrougis. upang mapigil ang napipintong kaming hininga.” residents, militiamen clash at Noon ding huling bahagi ng pagmimina sa kanilang Ilang araw lamang matapos mine site. Phil. Daily Inquirer, Hunyo ng taong kasalukuyan, komunidad. nila itong sambitin, naganap nga August 29, 2007. dahil daw may mga panahong Kaya noong Hulyo 2, unang ang bayolenteng insidente hindi nagamit ang Oxiana sa inilagay ang barikada sa noong Agosto 29 at pinanga- Gascon, M. Court order won’t stop hawak nitong permit, hiniling barangay road ng Paquet, ang tawanan nila ang kanilang tribes’ fight vs mining firm. Phil. nitong i-extend ng Mines and barangay na madadaanan bago binitawang salita. Daily Inquirer, July 30, 2007. Geosciences Bureau (MGB) ang marating sa Pao at Kakidugen. Noong araw na iyon, permiso nitong napaso na noon Palitan sa pagtao sa barikada mahigit isang libong residente Perante, C. Mining firm’s pang Hunyo 9, 2005. Pumayag ang mga residente ng walong ng Kasibu ang naupo sa injunction bid granted. Manila si MGB regional director Jerry barangay na saklaw ng KIRED. kalsadang dadaanan ng mga Bulletin, August 12, 2007. http:// Mangaoang at nagbigay ng Umisip din sila ng mga senyales sasakyang may dala ng mga www.mb.com.ph/ dagdag na dalawampung (20) at porma ng komunikasyon kagamitan sa pagmimina, archive_pages.php?url=http:// buwan, mula Hunyo 28, 2007 para sa iba’t-ibang sitwasyon handang isakripisyo ang mga www.mb.com.ph/issues/2007/ hanggang Pebrero 27, 2009, para lalo na kung may paakyat na sarili, huwag lamang matuloy 08/12/ sa eksplorasyon ng OPI. mga sasakyang may dalang mga ang eksplorasyon ng Oxiana. PROV20070812100119.html Subalit ang probisyong materyales para sa pagmimina. Noong araw ding iyon, “availment of unused time Makalipas ang isang linggo, pinatunayan ng mga taga- Report from Nueva Vizcaya credit” ay wala sa implementing inilipat sa pribadong lupain ni Kasibung mas maka- partners (PhilRights and KIRED), rules and regulations ng Donie Dugay at Armando pangyarihan ang mga (unpublished)

24 Human Rights FORUM Whether the commitment to CSR is authentic or token needs to be probed...... Among other factors, the 1996 Marcopper incident in Marinduque almost signed the obituary of Philippine mining industry. Communities and civil society demanded accountability from the company for destroying the environment, causing physical harm and demolishing livelihoods. The entire industry suffered from the bad press. No public relations and reputation management gimmick could undo the damage. Mining operations decelerated. The Supreme Court decision declaring the constitutionality of contested provisions in the CORPORATE SOCIAL Mining Act of 1995 resurrected RESPONSIBILITY AND THE the industry. Prior to the decision promulgated in MINING INDUSTRY January 2004, newspaper readers were bombarded with teasers heralding a glittering Ingraining people’s participation in comeback. Catch-words such as “new mining communities through CSR breed of mining firms,” “paradigm shift,” “sustainable n By ROEL A. ANDAG mining,” “responsible mining,” “environmentally sound Recapturing glory mining practices” and “ecology- conscious mining regime” N THE early ‘80s, peppered press releases. With mineral deposits there were 58 valued anywhere from US$90.8 mines in the billion (identified mine Philippines, deposits) to US$965 billion accounting for (including yet unidentified mine US$1.2 billion in mineral deposits), the Philippines could I easily become the 5th mining export revenues. In 2004, power in the world: globally 3rd there were only 16 active in gold, 4th in copper, 5th in mines in the country, with nickel, 6th in chromite. mineral export revenues Fully operational, the mining industry is said to be the lower than US$500 only growth engine that will million. Photos: Sibuyan ISLE, Inc. help government achieve at

Human Rights FORUM 25 least 7% annual economic participation that is mandated growth rate. It is often reported by law. It is therefore important that it is only at this rate of to determine mandated versus economic growth that the proactive people’s participa- country will be able to tion. The latter plays a role in significantly combat poverty. CSR. Hence, mining has the prospect In assessing levels of of obliterating poverty – at least people’s participation in CSR, according to the government. the model shown in page 27 is Foreign direct investments will proposed. flow in, direct and downstream In Level 1 (Information), the jobs will be created, taxes and company implements a CSR royalties will be paid. From its initiative because it is the “in deathbed, the industry is poised thing” to do. The purpose of the to spring to a glorious rebirth. program is for branding and to obtain peer approval. Through CSR: deodorant or a public service announcement, development strategy? people in the community are There are birthing pains. informed about the CSR Opposition to mining continues. program. No prior consultation A politically sensitive industry with the locals is made. with a smeared reputation, no Photo: Sibuyan ISLE, Inc. In Level 2 (Consultation), matter how heavily it invests in It is in this context of can give flesh to people the company calls in the public relations, will not be able heightened scrutiny and acute empowerment by involving the community’s key opinion to completely silence its critics. environmental awareness that locals in decision-making via leaders to seek their views about It has to prove its commitment mining companies acknow- mandatory consultation and a proposed CSR project. The to a concept that the industry ledge the relevance of corporate monitoring. proposed project is pre- may find anathema – social responsibility (CSR). As The operative word is designed by the company, ready sustainable development. evidenced in corporate visions “mandatory” and CSR stresses for implementation. Done In the past, the sole and annual reports, mining “voluntary.” Surely, people’s merely as a token gesture, the motivation was to profit from companies have embraced CSR. participation – where people are objective of the consultation operations. Today, a mining Whether the commitment is closely involved in the with the community leaders is company contends with the authentic or token needs to be economic, social, cultural and to let word-of-mouth spread the pressures of satisfying its probed. It is also essential to political processes that affect information about the investors by sustaining and differentiate CSR from their lives – has a place in CSR. prefabricated CSR project, accelerating profit in the face of philanthropy. People’s participation is an making it appear that the finite natural resources, Definitions of CSR abound. essential element of sustainable company cares for community maintaining industrial peace by The prevailing concept is that development. welfare. At best, CSR initiatives ensuring job satisfaction, and CSR is a corporation’s voluntary CSR initiatives do not hatched at Level 1 and 2 stages helping address the socio- action to ensure the welfare of follow cookie-cutter approach- are one-shot engagements. economic needs of the com- its stakeholders, especially that es. Companies perhaps Level 3 (Deliberation) has munities where they operate. It of the community where it exchange notes on best practices the elements of Level 2: the is the third that can prove the operates. In the words of the but there is no leitmotif. At this company presents a predeter- thorniest of concerns. Locals World Summit on Sustainable point, there is neither global nor mined CSR program based on benefit from mass media and the Development, CSR seeks “to national CSR standard predetermined community presence of civil society minimize the negative and particularly for application by issues. The difference is that organizations whose educative maximize the positive impacts extractive industries. While people’s opinions are valued effects empower the community, of business on sustainable promoting CSR innovations on and are accommodated before catalyzing them to become health development.” the one hand, this lack of the CSR program is imple- and environment advocates. standards makes company-to- mented. Here, the attendance Despite their poverty, Community-company company analysis and industry remains exclusive to company people in mining communities partnership generalizations difficult. Indi- representatives and community have been awakened by realities Shortly after the Mining Act viduated approaches however leaders. so as not to compromise their was upheld, former president bear a commonality – the In Level 4 (Decision- integrity and that of their Fidel Ramos, under whose attempt to engage stakeholders. making) the community environment. For a mining administration the law was It is only through genuine presides at the CSR’s agenda company intending to passed, reminded industry people’s participation that the table. The company takes on the commence operations, free and stalwarts: “The Supreme Court community can reap the role of a learner. It listens to the prior informed consent, as has given the industry a fresh benefits of CSR. unfettered flow of ideas based provided for in the Mining Act, legal license. But only the local Owing to the voluntary on social realities prevailing in can be difficult to obtain. For a communities where mining nature of CSR, people’s the community. Participation is company with existing companies operate can validate participation may be more broadened to include operations, the community’s your ‘social license.’” Ramos difficult to institutionalize in representatives of all sectors of continued approval is vital. added that the mining industry comparison with people’s the community, if not everyone

26 Human Rights FORUM of legal age. The community The 1% principle and and to mute criticism. as one of the pillars propping determines what CSR program disabusing CSR • Avoid exploiting the up the launching pad of the is best suited to its situation. Its voluntary nature makes vulnerabilities of com- mining industry’s second The other role of the CSR an experimental tool – an munity leaders, whether coming. The potentials of company is that of resource open workshop of innovation official or tribal, especially mining are staggering. Mining partner. It has the financial and that is also susceptible to misuse in poor communities that companies will make a technical capability to support and abuse. CSR should never be lack infrastructure and substantial difference in the the CSR program. Imple- used as a fig leaf to cover social services. lives of poor communities if mentation becomes a shared anomalies. • Report its processes and they will earmark to CSR responsibility of the company For CSR in the extractive results in a way that programs even just one percent and the community. Both parties industries to be successful, it has undergoes independent (1%) of income before taxes. At have clear accountabilities. to: verification that validates the same time, as the mining Level 5 (Evaluation) is the claims, especially when industry uses CSR as a PR tool, logical progression of Level 4. • Go hand in hand with environmental integrity communities can likewise People are involved at every step corporate accountability, and human rights are at leverage CSR as a blue chip in of the implementation process. meaning the company stake. bargaining for just benefits and They are equipped with tools that complies with what laws • Communicate openly and redress for past wrongs. they can use in assessing the demand. objectively in a culturally- At its current valuation of progress of the program. • Adhere to global CSR sensitive manner. Com- US$90.8 billion to US$965 Monitoring is continually instruments and standards. pany websites have to be billion, local communities can conducted and evaluations are • Be supported by people of resorted to only as se- benefit greatly from this windfall – but only if the silos timed at regular intervals. the company at all levels condary reporting channels hindering people’s partici- Company and community and backed by adequate because they are inacces- pation are torn down to give representatives are partners budget. sible to local communities. way to authentic CSR. n ensuring that the program fulfills • Institutionalize dialogue • Deter corruption by its identified objectives and is between the company and transparently reporting to ...... (The author consults for a Fortune meeting its targets. Feedback is the community where the community its profits 500 company and other clients. This then fully integrated in fine- needs and concerns are and taxes due to the local article reflects his personal opinion. tuning the program. discussed. and national governments. Feedback at [email protected].) The sense of ownership • Introduce high-impact • Promote unity in the inculcated in Levels 4 and 5 helps long-term solutions, not community, not polari- ensure the sustainability of the stopgap measures aimed at zation. CSR program. window-dressing for PR It is not at all bad to use CSR LEVEL 5 EVALUATION LEVELS OF PEOPLE’S PARTICIPATION IN CSR (ANDAG) LEVEL 4 People are able to assess DECISIONMAKING program/project LEVEL 3 outcomes. Enables them People are allowed to to investigate, based on DELIBERATION conceptualize and available data, the impact LEVEL 2 propose CSR programs/ The company proactively of certain CSR initiatives projects based on their CONSULTATION pursues people’s vis-à-vis identified targets. participation. This level own needs and priorities. LEVEL 1 People’s views on The aim is to generate takes an educative The company asks people predetermined CSR further input for project/ INFORMATION approach in encouraging what these needs and initiatives are solicited. program refinement. and popularizing priorities are prior to The emphasis is on People’s participation participation. With the embarking on particular information provision. No remains artificial, as there main objective of achieving courses of action. In effect, actual people’s is no assurance that consensus on specified citizens are given the participation takes place. opinions they submit will CSR initiatives, people are opportunity to set the CSR be factored into decision- given the opportunity to agenda. making. deliberate on explicitly expressed issues and options based on evidence. This is the first level where CSR decision- making process becomes truly permeable as it acknowledges citizens’ opinions and assures that input will be used in shaping decisions.

Human Rights FORUM 27 during the negotiations, between the picketers and representatives of the mining Sibuyan Island: company, when several witnesses saw Kingo with a gun. The perpetrator fled from the crime scene with the help of security guards employed by the mining firm. The following day, Town Councilor Armin R. Marin he turned himself in at the PEOPLE’S provincial office of the Philippine National Police. Another suspect, Lea Ladica, was released by the police. According to eyewitnesses, Ladica, the information officer RESISTANCE TO of SNPDC, was also armed during the picket. (Analysis showed that two shots were fired from the.38 caliber used by Kingo. Witnesses however say PLUNDER ENDS that they heard three gunshots.) Marin had been a staunch anti-mining advocate even The struggle before he was elected councilor. against the pillage He was a member of Sibuyan Aton Manggad (SAM), which is IN DEATH of Sibuyan Island now the Sibuyan Island Sentinels League for the n By RODNE GALICHA continues, despite Environment (Sibuyan ISLE) the aggressive Inc., and the Sibuyanons Against T STARTED as a peaceful picket of anti-mining Mining movement, an affiliate advocates in Sitio Olango, Brgy. España, San promotion of of the national anti-mining Fernando, Sibuyan Island. But by mid-morning mining by the alliance Alyansa Tigil Mina of October 3, 2007, an environmentalist town (ATM). He constantly opposed Arroyo mining operations and councilor was gunned down by an employee of applications in Sibuyan Island. ISibuyan Nickel Properties Development Corporation administration. His death is a big blow to the (SNPDC)...... environmental movement in

Martyred advocate Councilor Armin R. Marin, 42, was shot in the head by Mario Kingo in front of hundreds of anti-mining picketers at 10:30 AM. Marin died while he was being rushed to the hospital. He is the 23rd environmental activist to be killed under the Arroyo administration. The October 3 picket was in opposition to the mining activities being set by Filipinas Top Rock Mines and to the off- take agreement of BHP Billiton with SNPDC and Pelican Resources Ltd of Australia. The picketers were also protesting the Department of Environment and Natural Resources, which had approved the cutting of Environmentalists and anti-mining advocates protesting outside the DENR office, October 27, 2007. 69,709 trees in the area. It was Photo: ALYANSA TIGIL MUNA (ATM)

28 Human Rights FORUM Sibuyan. But it will not scare the operations like medium/large anti-mining advocates in the scale mining and large-scale island. In fact, his death has only logging. Local officials and strengthened the people’s President Arroyo should resolve to keep the island of consider the long-term effects of Sibuyan from the rapacity of their decisions on the large-scale mining firms. environment and livelihood of ‘We will not give up,” the people of Sibuyan.” vowed one of the anti-mining More anti-mining rallies leaders, Benhur Macato. were held in the island, including According to Macato, a retired the caravan on March 11, 2007, army major, “somebody had which was participated in by already shed blood. We must more than 2,000 advocates. On not fail Armin; he is a martyr June 9, 2007, some 3,000 people and hero.” gathered to oppose the iron Bishop Jose Corazon Talaoc mining operations of JKL of the Diocese of Romblon, in Brothers Mineral Ore Quarrying exhorting the people to stand Enterprises in Brgy. Mabini, San fast on their advocacy, said that Anti-mining activists protesting during BHP Billiton’s Annual General As- Fernando. JKL is operating in “The cry of the blood of our sembly in London, October 26, 2007. Photo: Sibuyan ISLE, Inc. partnership with Ore Asia brother (Armin) is calling us to permits issued to Philippine, based. The board of directors of Mining Development Corpo- pray fervently that no further Canadian and Australian large- the Chicago, USA based ration. Its area of operation death and injuries happen as we scale mining companies. Some Romblon Discussion List – extends over 3.36 hectares, for a continue the struggle for the 8,000 anti-mining advocates Cultural, Livelihood and period of two years. Environ- betterment of our people.” from Sibuyan’s three Educational Assistance for mentalists are particularly Marin’s death has not been municipalities (San Fernando, Romblon (RDL-CLEAR) recently incensed that while its permit is for naught. For one, the media Magdiwang and Cajidiocan), as voted to support SAM’s for small-scale mining, JKL has attention that resulted from the well as advocates from Romblon campaign to have local and been using heavy equipment in killing has brought national and and neighboring provinces, national officials declare a its mining operations in clear even international attention to marched to the mining sites in mining moratorium in the island. violation of the law. the anti-mining struggle in the said barangays to express RDL-CLEAR’s Honolulu- Sibuyan. At least two senators their opposition to the based president, Nic Musico, Nickel-rich island expressed concern over the destruction and pollution of who is an environmentalist and Sibuyan has an inferred killing. Sen. Loren Legarda has their small island. a human rights advocate, says nickel resource of 7.26 million expressed support for the Opposition to mining is not “Sibuyan is a very unique island tons. This sizable nickel reserve suspension of mining activities only confined among the because of its biodiversity. It has naturally attracted a in Sibuyan, and Sen. Francis residents of Sibuyan, but also by should be protected from number of multinational Pangilinan condemned what he those who are already overseas- destructive commercial mining companies. called a “brazen and treacherous act.” The DENR, for its part, suspended the cutting of trees in the island. The special permit to cut trees was approved by then-Secretary Angelo Reyes on July 27, 2007, shortly before he was transferred to the Department of Energy. The DENR however said it cannot cancel the special cutting permit.

Popular opposition Mining in Sibuyan Island has always been opposed by the majority of its inhabitants. On September 2, 2006, an island-wide caravan rally was held to protest the start of the drilling and exploration activities in Brgys. Taclobo and España. The drilling/ exploration had been approved by the provincial government, June 9, 2007 protest in Sibuyan: “Sa mina sila ang yayaman. Kung wala nang miminahin, saan tayo pupulutin?” through small-scale mining Photo: Sibuyan ISLE, Inc.

Human Rights FORUM 29 ASIA’S GALAPAGOS

SIBUYAN is a crescent-shaped island of Romblon Province , Philippines. It has an area of 445 km². Primary forests cover 140 square kilometers, or 33% of the land area of Sibuyan. Known for its biodiversity, Sibuyan has been dubbed by local and international natural scientists as the Galapagos of Asia. Its significance to the world’s animal and plant diversity cannot be taken lightly. Exact figures on the number of August 7, 2007 protest in Sibuyan Photos: Sibuyan ISLE, Inc. plant species are hard to give, as Canadian Altai Resources biologists continue to stumble upon Google Earth ‘owns’ the site through its own species yet unidentified by the proclaimed as the world’s densest Altai-Philippines. The scientific community. In one study, forest. Scientists have yet to fully Australian Pelican Resources, the National Museum identified catalog the land-dwelling mammals, through its Sunshine Gold Pty. 1,551 trees in a single hectare, with reptiles, and rodents that can be Ltd., with Sun-Pacific Resources 123 species of trees. Of this number, found in the island. Sibuyan shelters and All-Acacia Resources (now 54 are found nowhere else in the several threatened and endangered SNPDC),1/ both through their world. Sibuyan’s forest has been species. local subsidiaries, were granted two Small-Scale Mining Permits Gutierrez and former Caloocan applied covers 1,339.9 hectares. effective for two (2) years. These congressman Edgar Erice) Mayor Ibarra Manzala mining operations are all in conducted site visits in Brgy. concurred with the resolution of Brgy. Taclobo, San Fernando. España. The community the Sangguniang Bayan of The permit for All-Acacia covers strongly registered their Magdiwang (led by Vice Mayor 200,000 square meters, while the opposition to the impending Denisa Repiso) rejecting Ibuna’s permit for Sun-Pacific covers mining operation. Some of those application. The four barangays 155,800 square meters. These who are actively opposed to affected likewise passed permits allow the companies to mining have already resolutions rejecting the project. extract 50,000 metric tons of Spikes spread on the roads by pro- experienced some forms of In Cajidiocan, during the nickel ore per year, or a total of mining supporters intended to harm harassment and strong-arm incumbency of Mayor Athena 200,000 metric tons for two the March 11 anti-mining march. tactics. For instance, the Malapitan, a resolution rejecting operations. These are, in effect, ostensibly held “to help clarify barangay treasurer of Brgy. the project was approved by the large-scale operations disguised the issue of mining.” However, España was unceremoniously Sangguniang Bayan under then- as small-scale mining. the forum was a blatant pitch for removed from his job. His wife, Vice Mayor Nicasio Ramos To date, there are three mining companies. also an anti-mining advocate, (currently sitting as mayor). approved small-scale mining During the forum, Mayor was fired from her job in the The struggle against the operations (with foreign Nanette Tansingco announced local day-care center. Another pillage of Sibuyan Island financiers), two pending that she will sign mining leader of the anti-mining continues, despite the aggressive mineral productions agreement business permits anytime, movement in the barangay is promotion of mining by the (MPSA) applications in four because the documents are unjustly facing charges of direct Arroyo administration. As long areas, one pending exploration already complete. Her words are assault. (Sibuyanons, however, as the residents and other permit (EP) application in the a complete turnaround from her are relieved that SR Metals has environmental advocates stay municipalities of Cajidiocan and July 4, 2007 assurance that she been recently ordered by the firm on their vision of a Sibuyan Magdiwang, and two pending “will never be pro-mining.” Court of Appeals to stop free from the clutches of large- mining pier construction Because the anti-mining operating in Tubay.) scale mining companies, so will projects in San Fernando. A total advocates were not given a On September 3, 2007, the Sibuyanons continue to have of 13 plotted mining areas all chance to present their another application for an island they call home. over the island are open for perspective, people walked out exploration was published. The ...... application. from the forum. applicant, Rommel Ibuna, wants *RODNE GALICHA is the On August 7, 2007, an Sibuyanons are particularly to explore nickel, iron, chromite coordinator of Sibuyan ISLE, Inc. organization called Forward concerned over the continued and other associated minerals Romblon (FOROM) and Rom- opening up of their island to in seven barangays of the ENDNOTE blon Chamber of Commerce and more mining operations. municipalities of Magdiwang Industry (RCCI) sponsored a Recently, SR Metals, Inc. and Cajidiocan in the province 1/ Identified as president of the forum in San Fernando. It was (owned by a certain Alberto of Romblon. The total area company is Jose Miguel Cabarrus. 30 Human Rights FORUM (L-R): Herman Kraft, George Manzano (UA&P Under the first pillar, for School of Economics), Loretta Rosales (Akbayan), example, there is to be closer and Wigberto Tanada (member, Working Group for integration on the flow of an ASEAN Human Rights Mechanism). goods, services, investment and Photo: ATENEO HUMAN RIGHTS CENTER (AHRC) skilled labour. The Asean Economic Community now covers 12 priority sectors with cross-sectoral integration through common measures (common to the 12 sectors) and specific measures targeted to the sector concerned. For instance, in one of the sectors, rubber- based products, the common measures include elimination of tariffs for the older members of Asean by 2007 and newer members by 2012. These are ASEAN CHARTER POSES complemented by agreements regarding investments, promotion and skilled labour. DIFFICULT CHALLENGE Specific measures include the harmonisation of standards Regional alliance takes tentative steps toward one day and technical regulations. Yet the notion of “union” suggests possibly forming an economic and political union something more than the integration of sectors. It draws n By *VITIT MUNTARBHORN parallels from another regional entity, the European Union, NE OF the which has evolved from the more chal- previous European communities to become a more lenging synchronised body. Union, in develop- that sense, means a monetary ments at and political union. the recent summit of the Second, there is to be O institutional restructuring of Association of Southeast Asean. At the top level of the Asian Nations (Asean) in alliance today, we have the Cebu was the pre- annual Summit of Heads of sentation of a report by Government. This is now to be the Eminent Persons reshaped, becoming an Asean Group, chosen to put Council meeting at least twice a year. Under that umbrella, there forward groundbreaking Filipino solidarity groups picket in front of the Singapore embassy in Makati would be three councils to deal ideas on the possibility of to call for democracy in Burma and for the release of freedom icon Daw with the three communities an Asean charter. Aung San Suu Kyi. Photo: INITIATIVES FOR INTERNATIONAL DIALOGUE (IID) mentioned. This should help to The charter was to come First, the objectives of Asean democracy and human rights is propel the creation of “a single close to being a constitution for are to be spelled out more much welcome, on this front market with free movement of Asean, a treaty to put the clearly. The report highlights there has always been a huge goods, ideas and skilled talent organisation on a more certain “the active strengthening of gap between principles and along with efforts to harmonise footing with a legal personality, democratic values, good go- practices in Asean. The regional regional economic policies and rather than a mere conglome- vernance, rejection of unconsti- and global public know all too strengthen regional linkages ration of states. The report will tutional and undemocratic well the ambivalence towards and connectivity”. now be followed by the drafting changes of government, the rule such notions that is prevalent in There is to be a greater role of an Asean charter, although the of law including international many national settings. As for for the Asean secretary-general. drafting process will be done by humanitarian law, and respect the possible aspiration to The secretary-general, assisted a different group of persons- a for human rights and funda- become a “union”, it is to be by four deputies, will be the more technical group, drawn mental freedoms”. Inte- remembered that Asean has chief administrative officer of particularly from ministries restingly, the report projects the established three communities Asean, with the power to bring within the Asean region. vision of Asean as not only a as its pillars: the Asean important issues to the There are a number of key “community” but also a future Economic Community, Asean attention of the council and to recommendations in the “union”. Security Community and Asean represent Asean, when Eminent Persons Group report. While, of course, mention of Sociocultural Community. mandated to do so, at the United

Human Rights FORUM 31 Nations and other forums. Yet by some countries, even if not international legal personality Rights could be set up. But it the secretary-general of any all 10 Asean countries are ready depends on how others deal should provide “value added” organisation is often faced with to do so. with the entity, it depends on service and not duplicate the the challenge whether to be a Fifth, the report calls for objective assessment and the work of international mere secretary or to become peaceful settlement of disputes recognition by other entities. committees which already exist more of a general. The latter is and advises that dispute For instance, are other countries to protect such rights. A key unlikely for Asean. settlement mechanisms in the ready to sign treaties with Asean angle is that the “value added” Third, the charter is likely to political and economic fields as Asean, or will they continue could be provided by an inter- stipulate various rights and should be established. to sign treaties with the 10 governmental system which obligations pertaining to Intriguingly, it does not member states of Asean rather offers not only measures to membership. The pressures for emphasise the reality that than Asean as an entity? If prevent negative situations but accountability are referred to actually such mechanisms exist recognised as an entity, it would also to protect people from harm explicitly in the report, in Asean but they simply have indicate that Asean had a legal and to provide redress directly including possible suspension not been used where disputes personality. Interestingly, the to those affected by the negative of rights and privileges where a have arisen. Asean countries report opens the door to putting situations. Those drafting the member commits a serious have shown themselves more Asean’s legal personality on charter should consider this breach. As for the sanction of ready to use quiet diplomatic firmer ground by suggesting option very seriously. They may expulsion from the channels rather than formal other countries may wish to wish to be even bolder by organisation, the report tactfully Asean channels. For instance, send ambassadors accredited to instituting a broader states that there shall be no the first Asean treaty in the Asean rather than merely mechanism such as an Asean recourse to such action unless 1970s, the Treaty of Amity and accredited to individual Human Rights Commission to otherwise decided by the Asean Cooperation, provided for the countries with the group. cover a whole array of issues. Council in exceptional setting up of a high council to Seventh, there is to be a more On a parallel front, it can be circumstances. In a way, this is a settle disputes, but it has never people-oriented Asean, with the noted that the Cebu summit also bolder vision for Asean, been resorted to. There are also motto “One Vision, One adopted a declaration on the although the harder option will treaty provisions, which Identity, One Community”. The rights of migrant workers. This rarely be resorted to. Inevitably, evolved later, to establish report calls for Asean to engage would also depend upon a a test case is the non-democratic economic panels to help settle civil society, think-tanks and the monitoring mechanism at the nature of a key Asean economic disputes, but these Asean Inter-Parliamentary regional level to encourage government which has kept the have yet to be utilized in real Assembly. It proposes the idea compliance. legitimate leaders of the country terms. As a test of confidence for of consultative or advisory Finally, a really bold under arrest and out of power existing Asean mechanisms, councils for interacting with measure would be to put the for a long time. While recently some Asean countries have civil society and finished draft charter to the test Asean has become more preferred to use the parliamentarians from Asean by means of a referendum so assertive against that International Court of Justice in member states. Yet it has not that the peoples of Asean can be government and has become the Hague to settle disputes advocated the need for an Asean more involved in the process of less attached to the previously between themselves rather than parliament or assembly with evolving a so-called constitution sacrosanct principle of utilise existing Asean direct representation from the for the region. While this is “noninterference in the internal mechanisms. This has been the people of each country through most improbable at this point affairs of a state”, its position is case with resource disputes a democratic process. This in time, it should be necessary still less progressive than that between three Asean countries; omission is obviously due to the in the long term. The taken by various UN organs on the three have opted to go to current political physiognomy quintessential need for people’s this issue, and it has yet to the Hague. of Asean itself. participation remains at the produce tangible results. In this regard, the Eminent Eighth, the report notes that heart of the growth process of Fourth, there is to be a more Persons Group has not been bold the idea of a regional human any regional organisation. It is realistic decision-making enough to suggest that Asean rights protection mechanism the pivotal test of whether process. To date, Asean has should have a regional court as should be pursued further. It is Asean has succeeded or will worked on the basis of exist in other parts of the world common knowledge that Asia succeed in the future. consensus. This has impeded such as in Africa, Europe and the and Asean do not yet have such ...... decision-making on some Americas. Such a court would a mechanism to help promote VITIT MUNTARBHORN is a fronts. The Eminent Persons differ from the current and protect human rights where professor in the faculty of law at Group report proposes that mechanisms available in Asean; the national setting is not yet Chulalongkorn University. He is co- while consensus should remain it would be able to issue binding developed enough to do so. This chair of the civil society working the basis for decision making in decisions and have enforcement support from the Eminent group for an Asean Human Rights sensitive areas such as security powers. Persons Group is welcome and, Mechanism. He has served the and foreign policy, in other Sixth, one of the underlying in reality, a number of ideas United Nations in a variety of areas, it says a majority vote aims of having an Asean charter have already been offered by capacities, including as an expert, should rule if consensus cannot would be to stipulate that the civil society. consultant and special rapporteur. be achieved. There is also room alliance has a legal personality. Given that all Asean for accepting formally a formula However, international law countries are parties to the This article is republished with which is already being used in suggests that subjective international treaties on permission from both the author and Asean, namely the “Asean minus stipulations on this front are not women’s rights and child rights, The Bangkok Post. Originally X” or “2 plus X” formula which necessarily conclusive. The test an Asean Commission on published in The Bangkok Post enables initiatives to be taken of whether an entity has Women’s Rights and Child January 29, 2007.

32 Human Rights FORUM HR DiGEST

BAD DEALS Salot ORRUPTION AND agreement, for example, are the if the Chinese contractor has not ...... “onerous loan following: China has the sole yet started building the Caloocan By Pepito Frias C agreements” tainted authority to determine the City-Malolos, Bulacan railway. not only the ZTE broadband payment schedule; it has the right The deals with the Chinese deal but several other loans that to impose immediate payments government, according to IBON, Dayuhang minero the Arroyo administration even before the project begins; should be opposed “not only Ginto ang luho signed with the Chinese and it places China’s laws as the because they worsen the government, according to the governing laws for the country’s indebtedness, but also Nagsadya kay Apo independent think-tank IBON. agreement. In this agreement, the because they perpetuate the Hanap ay bato IBON said that at least five Philippine government flawed neoliberal framework of other loans, mostly involving irrevocably and unconditionally economic development that has major infrastructure projects waives its immunity from any aggravated the country’s per- Dayuhang minero and worth more than US$2.8 suit or judgment arising from the manent crisis of maldevelop- Bundok ay kinalbo billion, are just as questionable contract. ment and widespread poverty.” as the US$330 million ZTE In fact, starting January 2005, Gubat ay na-troso broadband deal. These projects the North Luzon Railways Corp. SOURCES: Binaha ang tribo include the controversial (NLRC) has been paying an “Other gov’t deals with China Northrail Project. average of $400,000 (P17.118 also marred by bad loans and corruption.” IBON Media Release Dayuhang minero Among the one-sided million) per month in interest dated September 27, 2007. provisions of the Northrail loan payments for the Northrail, even Orejas, T. (Nov. 12, 2007). RP Humukay ng bato paying China P17M monthly in loan interest for NorthRail. Philippine Nilason ng asido Daily Inquirer. http:// Namatay ay tao newsinfo.inquirer.net/ HR TRiViA: breakingnews/nation/ view_article.php?article_id=100426 n THE RIGHT WORDS

THE CAMPAIGN to make poverty history – a central moral challenge of our age – cannot remain a task for the few. It must COMMEMORATIVE STONE become a calling for the many. IN HONOUR OF VICTIMS OF EXTREME POVERTY KOFI ANNAN Former Secretary-General, United Nations TROCADERO HUMAN RIGHTS PLAZA, PARIS, FRANCE ...... n IN THIS QUARTER OCTOBER 17, 1987

International Day for the This gathering became known ON THIS DAY, DEFENDERS OF HUMAN AND CIVIL RIGHTS Eradication of Poverty as the first International Day for FROM EVERY CONTINENT GATHERED HERE. THEY PAID HOMAGE the Eradication of Poverty. TO THE VICTIMS OF HUNGER, IGNORANCE AND VIOLENCE. ON OCTOBER 17, 1987, more THEY AFFIRMED THEIR CONVICTION THAT HUMAN MISERY IS NOT INEVITABLE. THEY PLEDGED THEIR SOLIDARITY than 100,000 human rights The UN General Assembly, through resolution 47/196 WITH ALL PEOPLE WHO, THROUGHOUT THE WORLD, defenders converged on the STRIVE TO ERADICATE EXTREME POVERTY. Plaza of Human Rights and adopted on December 22, 1992, Liberties at the place du Trocadéro declared October 17 as the in Paris where the Universal International Day for the Declaration of Human Rights Eradication of Poverty. was signed in 1948. The people came in response to an appeal This year’s theme is ‘People Living by Father Joseph Wresinski and in Poverty as Agents of Change: “to commemorate those who 20th Anniversary of the have fallen victim to extreme International Day for the Eradication poverty, violence and hunger.” of Poverty.’ The Trocadero gathering “WHEREVER HUMAN BEINGS ARE CONDEMNED proclaimed that poverty is a Sources: TO LIVE IN EXTREME POVERTY, violation of human rights and http://www.un.org/esa/ HUMAN RIGHTS ARE VIOLATED. called for the protection of these socdev/social/intldays/ TO COME TOGETHER TO ENSURE THAT rights. A commemorative stone IntlDay/index.html THESE RIGHTS BE RESPECTED IS OUR SOLEMN DUTY.” in honour of the victims of http://web.amnesty.org/ extreme poverty was pages/poverty-161007-feature- FATHER JOSEPH WRESINSKI inaugurated. eng

Human Rights FORUM 33 F A C T S A N D F I G U R E S GLOBAL CORRUPTION BAROMETER 2006 THE CORRUPTION Barometer 2006 is a public opinion survey of 59,661 people in 62 low-, middle-, and high-income countries that seeks to understand how corruption impacts on the lives of ordinary people and thus providing insights on the form and extent of corruption from the perspective of citizens around the globe. The study was undertaken by Gallup International in behalf of the Transparency International, a global coalition against corruption.

The following are some of the highlights of the research results: FIGURE 1: Percentage of respondents who have paid a bribe to different sectors (total sample)

18%

CORRUPTION PERCEPTIONS INDEX (CPI) 2006 16% (Top three, lowest, and Southeast Asian Countries) 14% *‘2006 CPI score’ relates to perceptions of the degree of corruption as seen 12% by business people and country analysts and ranges between 10 (highly 10% clean) and 0 (highly corrupt). 8% COUNTRY CPI SCORE 6% contact that have paid a bribe 1. Finland 9.6 Percentage of respondents with 4% Iceland 9.6 2% New Zealand 9.6 0 Police Registry Legal Medical Education Utilities Tax revenue 5. Singapore 9.4 and permit system/ services system services judiciary 44. Malaysia 5 Source: TI Global Corruption Barometer 2006 63. Thailand 3.6 FIGURE 2: The percentage of respondents that have paid a bribe to the 111. Timor Leste 2.6 police by regional grouping2 Vietnam 2.6 60% Laos 2.6 121. Philippines 2.5 50% 130. Indonesia 2.4 40% 151. Cambodia 2.1 30% 160. Myanmar 1.9 *163. Haiti 1.8 20% contact that have paid a bribe * lowest rank Percentage of respondents with 10%

0 Source: Transparency International, Global Corruption Report 2007, Total Africa Latin NIS Asia-Pacific SE Europe Morth EU+ Cambridge University Press, 2007 sample America America Source: TI Global Corruption Barometer 2006

TABLE 1: How would you assess your government’s actions in the fight against corruption? Total EU+South NISAfrica Latin Asia- North sample East America Pacific America Europe Very effective 5% 4% 6% 3% 17% 7% 4% 2% Effective 17% 18% 21% 14% 27% 18% 15% 17 Not effective 38% 42% 30% 40% 24% 29% 34% 50% Does not fight at all 16% 14% 19% 24% 20% 19% 18% 9% Encourages it 15% 14% 9% 15% 9% 23% 15% 19% Don’t know 8% 8% 14% 5% 3% 4% 15% 4%

Source: TI Global Corruption Barometer 2006

*NIS – Newly Independent States Source: Source: Transparency International, Global Corruption Report 2007, Cambridge University Press, 2007

34 Human Rights FORUM F A C T S A N D F I G U R E S THE 2007 SWS BUSINESS SURVEY ON CORRUPTION FROM MARCH to May of 2007, the Social Weather Stations (SWS) conducted a survey on corruption among 705 Filipino managers in key industrial areas in the Philippines. Since 2000, SWS has been undertaking similar researches under the Transparent and Accountable Governance project to monitor the Philippine corruption situation over time.

The following are some of the highlights of the said study:

Scale of Corruption

• Three (3) out of five (5) managers see a lot of corruption in the public sector – no improvement in seven (7) years;

• One (1) out of two (2) say that most / almost all the firms in their line of business give bribes to win government contracts and one (1) out of five (5) say firms give bribes to win private contracts;

• Fifty percent (50%) of the managers, versus forty percent (40%) in 2005, see corruption as part of how government works.

Sincerity in Fighting Corruption

• Of the 29 government agencies rated in 2007, 12 are positive and 17 are negative.

LABADA REPUBLIC

Source: Transparent Accountable Governance: The 2007 SWS Business Survey on Corruption, a presentation to the Cabinet, Malacañang, Manila, August 21, 2007

Human Rights FORUM 35 IN DEFENDING human rights and human dignity, Write for silence is not golden. So speak up. Write down your thoughts. Your ideas are valuable. Contribute to the Human Rights Forum. your rights Send us Letters to the Editor, literary contributions, analytical essays, feature stories, in English or Filipino. You may also send us photos and images.

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