Human Rights FORUM 1 HUMAN RIGHTS IN Rapurapu Island: RECENT SUPREME WHERE YOU EAT COURT RULINGS FISH AT YOUR OWN By CARLOS P. MEDINA, JR. RISK 8 22 By PEPITO D. FRIAS

MGA BiKTiMA Ni ‘GARCI’ Kalayaan at Karapatan sa Panahon ng State of Emergency Ni BERNARDO D. LARIN ...... 4 Investigations and Fact-Finding Missions: ASSERTING OUR HUMAN RIGHTS AND BREAKING IMPUNITY By MAX M. DE MESA ...... 12 ‘AWRA’ GONE AWRY (or, what not to wear during a state of emergency) By JM VILLERO ...... 17 ALAMIN ANG INYONG MGA KARAPATAN ...... 20 PHILIPPINE HUMAN RIGHTS INFORMATION CENTER HUMAN RIGHTS ACTIVISTS AND THE REPEAL OF THE DEATH PENALTY LAW Editorial Board NYMIA PIMENTEL-SIMBULAN DR. P.H. By TRACY P. PABICO ...... 24 SONNY MELENCIO MOTHERING IN THE SHADOW OF DEATH GINA DELA CRUZ ...... 27 By JM VILLERO BERNARDO LARIN REFLECTIONS ON RESTORATIVE JUSTICE Editor-in-Chief IN THE JM VILLERO By SABHA MACMANUS and SOPHIE C. MILLER ...... Managing Editor 31

ARNEL RIVAL IS THERE A GLIMMER OF HOPE FOR PHILIPPINE Art Director EDUCATION? By CAROLIZA TULOD-PETEROS ...... ARVIE VILLENA 35 Illustrator Amused to Death: PHILRIGHTS PHOTO TEAM THE PERILS OF PEDDLING NOONTIME DREAMS By JM VILLERO ...... 38 The Human Rights Forum HRDIGEST ...... 41 is published quarterly by the FACTS & FIGURES ...... 43 Philippine Human Rights Information Center (PhilRights) HR TRIVIA ...... 43 with office address at 53-B Maliksi St. Pinyahan, We welcome your feedback. Telefax: 433-1714 Tel. No.: 436-5686 You might want to write to the editor or contribute an article to the Human Rights Forum. We E-mail:[email protected] would be happy to publish it. Send to: The Editor, HR FORUM, c/o Philippine Human Rights Information Center, 53-B Maliksi St., Brgy. Pinyahan, Quezon City (e-mail: [email protected]).

2 Human Rights FORUM n EDITORYAL Maruming Laro

NG PULITIKA ay isang laro. Madumi, mapanganib, at karapatan ng mamamayan. Amadugong anyo ng paligsahan. Maging ang ‘media’ na haligi ng isang demokratiko at malayang Panahon pa ni Julius Caesar ng sinaunang Roma at marahil ay lipunan ay tinakot at binusalan. mas maaga pa, ganito na ang pulitika, isang drama na ang paulit- Hanggang ngayon ay hindi pa nga tapos magbayad ng ulit na tema ay kasinungalingan, katrayduran, at karahasan. gobyernong Arroyo sa mga opisyal ng militar, sa mga pulitiko, at Isa itong laro na ang kadalasang bihasa ay ang iilan, ang mga maging sa mga kaparian para sa kanilang katapatan, suporta, at elitista ng lipunan. Isa itong laro na nilalaro sa ngalan ng masa pagbabaon sa katotohanan. ngunit lagi naman silang itsa pwera. Nitong nakaraang Pebrero, nakita rin natin kung paanong ang Sa tagisang ito, walang puwang ang integridad at delikadesa at namumuong ‘people power’ na dati ring nagluklok kay Pangulong higit sa lahat ang katotohanan. Ang katotohanan ay depende sa Arroyo ay naging ‘destabilisasyon,’ terorismo, sedisyon, banta sa kung sino ang may lakas upang ipatupad at ipakalat ang kanilang seguridad ng bansa, at kataksilan sa bayan. At ang mga bersyon ng mga pangyayari. Ang kahulugan ng mga salita at nagpasimuno rito ay hindi mga bayani kundi mga kriminal at konsepto ay depende sa kung sino ang may pinakamalakas na traydor sa Konstitusyon. boses. Isang opisyal na rin ng pamahalaan ang nagbanggit na ang Tingnan na lang natin ngayon itong nagaganap na sabong sa diperensya ng EDSA II sa katatapos na tangkang ‘withdrawal of pagitan ni Pangulong Arroyo na handang gawin at bilhin ang support’ nitong Pebrero ay nagtagumpay ang una at nabigo ang lahat makapangunyapit lamang sa kapangyarihan at ng mga nasa ikalawa nang hindi sumama ang ilang susing opisyal ng militar. oposisyon na desperadong sila naman ang makapwesto. Patunay lamang na kahit na sa ipinagmamalaki nating ‘people Ang kontrobersyang “Hello Garci” ay isang napakalaking power,’ hindi naman talaga ang sambayanan ang mapagpasya pagkakamali sa bahagi ng administrasyon at isang napakalaking kundi ‘yung mga may hawak ng baril at pantustos na pinansiya. oportunidad naman para sa mga kalaban sa pulitika ni GMA. Ibig sabihin lang, anumang ehersisyo ng demokrasya ay Lalong ibinunyag ng krisis pampulitikang ito kung gaano mananatiling huwad at tila paglalaro ng ahedres lamang sa pagitan kalasing sa kapangyarihan ang kasalukuyang umuokupa ng ng mga elitista hangga’t hindi nagkakaroon ng tunay na pang- Malakanyang. Kung gaano ito kadesperadong manatili sa pwesto ekonomiya at pampulitikang kapangyarihan ang karamihan sa kahit na sagasaan nito ang mga pinakabatayang kalayaan at ating mamamayan.

Human Rights FORUM 3 MGA BiKTiMA Ni ‘GARCI’ Kalayaan at Karapatan sa Panahon ng State of Emergency n Ni BERNARDO D. LARIN ANGGANG saan pwedeng gamitin ang kapangyarihan ng Estado upang protektahan ang sarili nito? Tama bang isantabi ang mga pinakabatayang karapatan at kalayaan ng mamamayan saH gitna ng bantang pampulitika laban sa inihalal na pamahalaan? Hanggang saan din pwe- militar at pulis na gawin ang deng gamitin ng mamamayan nararapat upang mapanatili ang ang karapatan at kalayaan nito kapayapaan at masugpo ang sa paghahanap ng katotohanan nakaambang karahasan. sa gitna ng kontrobersiyang Ngunit malinaw din na ang kumukwestyon sa karapatang ibinabang state of national mamuno ng isang pamahalaan? emergency ni Pangulong Arroyo Ito ang mga importanteng noong Pebrero ay deklarasyon Photo by CMFR tanong na iniwan ng pam- ng giyera laban sa kalayaan ng kinontrol ang pahayagang at Rafael Mariano ng pulitikang krisis dulot ng mamamayan at kalayaan sa “Daily Tribune,” at pinostehan dahil tumakbo sila sa compound kontrobersyang ‘Hello Garci’ na pamamahayag. ng mga sundalo ang mga ng Batasan kung saan hindi sila umabot sa sukdulan noong Isang malaking kabalintu- pangunahing istasyon ng T.V. pwedeng galawin dahil sa kani- Pebrero 24 kung saan inaresto naan na lumabas ang pahayag Sa loob din ng panahong ito, lang legal immunity. Ngunit at tinanggal sa tungkulin ang sa mismong araw ng paggunita absolutong ipinagbawal ang mahigit dalawang buwan ding ilang opisyal ng militar at pulis sa anibersaryo ng EDSA People anumang kilos-protesta lalung- mistulang bilanggo sa loob ng dahil sa tangkang pagbawi ng Power kung saan nabawi ng lalo na sa EDSA Shrine at mga Kongreso ang lima na kalauna’y suporta sa gobyernong Arroyo mga Pilipino ang kalayaang lugar malapit sa Malakanyang. nakilala sa bansag na ‘Batasan at pagsama sa mga kilos protesta dalawang dekadang ipinagkait Kinasuhan din at agad na 5.’ nung araw na ‘yon. ng diktaduryang Marcos, pinagdadampot ang ilang Sa bisa rin ng PP 1017, Naging mabilis at mapag- kalayaang binili ng dugo ng personalidad tulad nila Rep. binantaan ng gobyerno ang pasya ang tugon ng admi- libu-libong nagbuwis ng buhay ng Anakpawis ilang miyembro ng media na nistrasyon sa tangkang pag- noong panahon ng Martial Law. at dating heneral Ramon tumutulong sa mga pwersang agaw ng kapangyarihan. Agad Upang iligtas daw ang Montaño na pinagsususpet- nais magpabagsak sa adminis- inilagay ni Pangulong Arroyo republika at ang nahalal na sahang kasali sa mga nagplano trasyong Arroyo. Ipinahiwatig ang buong bansa sa ilalim ng pamunuan mula sa diumano’y at tumulong sa nabigong kudeta sa nasabing deklarasyon na ‘state of emergency’ sa pama- sabwatan ng mga pulitikong noong Pebrero 24. ayon sa Artikulo 12, Seksyon 17 magitan ng paglalabas ng oposisyon, mga rebeldeng Tinangka ngunit nabigong ng Konstitusyon, maaaring Presidential Proclamation 1017. sundalo, at mga maka-kaliwang arestuhin ng mga pulis sila itake-over ng gobyerno ang Kasabay ding inilabas ng pwersa, marahas na binuwag Reps. , Teddy mga pribadong institusyon Malakanyang ang General ang mga rallies at hinuli ang Casiño, ng Bayan kung naaayon sa interes ng Order No.5 na nag-aatas sa mga lider nito, sinalakay at Muna, ng Gabriela, publiko sa panahon ng state of

4 Human Rights FORUM emergency. grupo ang gobyerno upang Agad ding nagpahayag ang busisiin ang laman ng mga mga opisyal sa Malakanyang na editoryal, opinyon, at balitang maglalabas ng ‘guidelines’ para ilalathala at ibo-broadcast ng sa mga miyembro ng media media. upang siguruhin na ang kala- Lingid sa kaalaman ng yaan sa pamamahayag ay hindi marami, bukod sa pagsalakay magamit ng mga elementong sa Daily Tribune, sinibak din nagnanais magpabagsak sa ang programang “Ngayon na pangulo. Bayan” sa istasyong DZRJ dahil Ayon pa kay Mike Defensor, daw taliwas sa opinyon ng may- chief of staff ng pangulo, hindi ari ang laman ng naturang programa. Ang may-ari ng Malinaw na ang istasyon ay si Ramon Jacinto, dating bayaw ni First state of national Gentleman Mike Arroyo. Oo nga’t naging epektibo emergency ay ang marahas at mapanupil na deklarasyon ng tugon ng gobyerno sa tangkang kudeta noong Pebrero, lalo giyera laban sa naman nitong inilantad ang pagkadesperado ng admi- kalayaan ng nistrasyong Arroyo na manatili mamamayan at sa Malakanyang. Ipinapakita ng mga aksyong ito na handang kalayaan sa sagasaan ng kasalukuyang pamunuan ang mga pinaka- pamamahayag. batayang karapatan at kalayaan ...... ng mamamayan para lang malayong may masarang mga huwag itong maalis sa poder. istasyon o opisina ng media kaya umapela siya sa mga Pagtanggal sa PP 1017 mamamahayag na huwag Makalipas ang isang linggo, ‘palakihin’ ang mga pahayag o Marso 3, inalis ang PP 1017 statements ng mga kalaban ng ngunit hindi pa rin tinantanan pamahalaan at huwag mag- ng gobyerno ang mga ‘kaaway’ interbyu ng mga personalidad nito sa media, oposisyon, at mga mula sa mga rebeldeng sundalo progresibong grupo. at komunista. Pormal na sinampahan ng Sumunod na nagbabala sa kaso si Niñez Cacho-Olivarez, media si General Arturo Lomi- ang editor ng Daily Tribune at bao, ang hepe ng Philippine isang columnist nito. Ibinunyag National Police (PNP) at din ni Raul Gonzales, kalihim sinabing dapat silang sumunod ng Department of Justice (DOJ), sa ‘standards’ ng gobyerno sa na maaari ring sampahan ng Kasumpa-sumpa: ang pagbaon ng katotohanan sa likod ng iskandalong kanilang pag-uulat. Idinagdag kasong sedisyon ang pitong ‘Hello Garci’. Photo by pa niya na may itatalagang mamamahayag na nag-cover ng

Human Rights FORUM 5 MGA BiKTiM stand-off sa Fort Bonifacio sa si Soliman at isang kasama at pagitan ng mga nagbaba- kinuwestyon sa himpilan ng ngayang Marines noong pulis dahil daw sa paglabag sa Pebrero 26. ‘Public Assembly Act.’ Ikinagalit ng pamahalaan Patunay lamang ang mga ang pagsasahimpapawid ng insidenteng ito na sa kabila ng ilang istasyon ng TV at radyo sa pagpapawalang bisa sa PP1017 panawagang ‘people power’ ng at pahayag ni Pangulong mga nagmamarakulyong Mari- Arroyo na nasugpo na ang nes sa pamumuno ni Col. Ariel tangkang destabilisasyon, hindi Querubin dahil sa pagkakasibak tumigil sa pagbabantay ang sa tungkulin ng kanilang pinuno gobyerno sa mga kilos at na si Maj. Gen. Renato Miranda. pahayag ng mga grupo at sektor Kalagitnaan ng Marso, na hayagang nananawagan ng ibinunyag ni Sheila Coronel, pagbaba sa puwesto ng pangulo. director ng Philippine Center for Investigative Journalism Mga Desisyon ng Korte (PCIJ) sa pagdinig ng Senado na Suprema ilang beses sinubukan ng mga pulis at ni Jonathan Tiongco, Ibinasura ng Korte Suprema sound engineer na tumulong sa ang Calibrated Preemptive gobyerno nung kasagsagan ng Response (CPR) at kinastigo rin Hello Garci controversy, na nito ang pamahalaang Arroyo kumuha ng search warrant dahil sa pagmamalabis sa upang mahalughog ang opisina pagpapatupad ng PP1017 tulad ng PCIJ. ng pagkaka-aresto ng ilang Noon ding Marso 8, pisikal miyembro ng oposisyon tulad na binitbit at inaresto ng mga ni Randy David, sa marahas na pulis si Akbayan Representative pagbuwag sa mga kilos Riza Hontiveros-Baraquel at protesta, at sa pagkakasalakay kasama nitong si Joshua Mata ng pahayagang Daily Tribune. ng Alliance of Progressive Idineklara ring ‘unconstitu- Labor (APL) habang nagsasa- tional’ ng pinakamataas na gawa ng pagkilos bilang korte ang Executive Order 464 o paggunita sa Pandaigdigang ang utos ng Pangulo na bawal Araw ng mga Kababaihan. humarap sa pagdinig ng Sampung araw ang lumipas, Kongreso ang lahat ng opisyal hinuli rin si Dinky Soliman, o kawani ng pamahalaan pwera dating kalihim ng Department na lang kung may pahintulot ng of Social Welfare and Develop- Malakanyang. ment (DSWD), at isang kasama Sa harap ng sunod-sunod na niya habang payapang tumata- mga pagkatalong ito, hindi pa wid sa Roxas Boulevard at rin umatras ang gobyerno at nakasuot ng itim na t-shirt na gumamit pa rin ng kamay na may tatak na “Patalsikin na, bakal upang patahimikin ang now na.” mga tao o grupong “banta” sa Habang naglalakad, nilapi- seguridad ng bansa at upang tan sila ng mga pulis at hina- pigilan ang mga “mapanganib” napan ng permit dahil nagra- na kilos-protesta. rally daw sila. Pinabulaanan Huling linggo ng Mayo nila ang akusasyon ng mga ito nang dukutin ng mga di at sinabing naglalakad lamang nagpakilalang kalalakihan ang sila at tinanong din nila ang limang opisyal at myembro ng mga pulis kung masama bang Union of Masses for Democracy Sugod sa EDSA : mga grupo ng abogadong tutol sa pagyurak ng karapatang magsuot ng itim na t-shirt. and Justice (UMDJ), grupong pantao. Photos by AKBAYAN Ganunpaman, dinampot pa rin malapit kay dating pangulong

6 Human Rights FORUM KTiMA Ni‘GARCI’ hon pa ng rehimeng Marcos ginamit nang panakot ang lumalakas daw na ‘insurgency’ para ideklara ang Martial Law at supilin ang lehitimong protesta laban sa bumabahong pamumuno nito. Noong pinatay sa Kongreso ang impeachment complaint laban kay Pangulong Arroyo dahil sa teknikalidad noong nakaraang taon, isinara na ng pamahalaan ang lahat ng demo- kratiko at legal na proseso para lumabas ang katotohanan. Noong nagsimulang luma- bas naman sa kalsada ang mamamayan, itinapat ang CPR at BP 880. Noong namumuo at luma- lakas ang panawagang “people power,” ibinaba ang PP1017 upang kaagad maaresto ang mga Mga mamamayang lumalaban sa kumikitid na espasyo ng kalayaan. pinuno nito, maging mga sibil- Joseph Estrada, habang sila ay kanilang mga katawan sabay na ito sa karapatang pantao ng yan at militar, at mapatahimik nagpupulong sa isang bahay. akusa sa mga militar at pulis ng administrasyong Arroyo ang ang ‘media’ na may importante Kalaunan, napag-alamang paglabag sa kanilang mga tumawag pansin sa pahayagang sanang papel sa pagbuhos ng ang lima ay hinuli ng mga karapatan. New York Times upang magla- suporta ng taumbayan. ahente ng Intelligence Service Noon namang buwan ng bas ito ng obserbasyon na Kahit na nagtagumpay sa of the Armed Forces of the Hunyo ay mga batuta at ‘water muling bumabalik ang Pilipi- ngayon si Pangulong Arroyo at Philippines (ISAFP) at mga pulis cannon’ ang sumalubong sa nas sa madilim na yugto ng mga kakampi niya na patuloy mula sa Criminal Investigation mga nagmartsang magsasaka sa kawalan ng demokrasya at na hawakan ang pampulitikang and Detection Group (CIDG). Mendiola na ang tanging layu- kalayaan. kapangyarihan, hindi pa rin Isinagawa ang pag-aresto ng nin ay singilin ang pamahalaan magkakaroon ng katahimikan walang warrant. sa kapalpakan ng repormang Kung Tutuusin at tunay na pagkakaisa sa bansa. Ayon sa tagapagsalita ng agraryo sa kanayunan. Hindi Ang puno’t dulo ng lahat ay Tila multong hindi magpa- militar, ang pangunahing target rin nagtagumpay ang mga ang kontrobersiyang ‘Hello patahimik sa administrasyon ng paghuli ay si Ruben Dionisio abugado sa pamumuno ng Garci’. Ang hindi masagut-sagot ang isyung Hello Garci na pinaghihinalaang miyembro Integrated Bar of the Philippines na tanong ay tutoo nga bang sapagkat sa isang demokrasya, ng New People’s Army (NPA) (IBP) na makapagdaos ng nandaya si Pangulong Arroyo pundamental na usapin at at may misyong likidahin ang programa sa tulay ng Mendiola upang maluklok sa kapang- sagrado ang karapatan ng matataas na opisyal ng dahil idineklara itong “no rally yarihan? Siya nga ba ang lehi- mamamayang maghalal ng mga pamahalaan kasama na ang zone” ng mga awtoridad. timong inihalal ng sambaya- pinunong susundin nila. pangulo. Nadamay ang apat na Patuloy at mahigpit pa ring nang Pilipino noong Mayo 2004? At sa perspektibo ng karapa- tagasuporta ni Estrada dahil ipinapatupad ang Batas Pam- Ito pa rin ang usaping dapat tang pantao, isinusuko lamang kasama sila ni Dionisio at may bansa 880 kung saan galing ang harapin ng kasalukuyang pamu- ng mga tao ang ilan sa kanilang posibilidad na kasabwat sila sa polisiyang “no permit, no rally” nuan at huwag nang magtago sa mga karapatan at kalayaan sa balak na mga asasinasyon. laban sa mga pagkilos na kung anu-anong dahilan kesyo gobyernong tunay nilang pinili Makalipas ang ilang araw, kritikal sa gobyerno o sa mas ang mga aksyon nito ay para sa upang sila ay pamunuan. iniutos ng DOJ ang pagpapalaya simpleng pananalita ay ‘yung interes, seguridad, kapayapaan, Kaya dobleng sampal sa sa lima dahil sa kawalan ng mga protestang kumukwestyon at kaunlaran ng bansa. mga tao kapag nilalapas- malinaw na ebidensya. Ngunit sa legitimacy ng panunung- Huwag na rin sanang tangan ang kanilang mga hindi dito natapos ang kwento. kulan ni GMA bunsod ng ‘Hello gamitin ang linyang sabwatan karapatan at kalayaan ng Lumantad sa media ang Garci controversy.’ ng kaliwa at ng kanan upang isang pamunuang may lamat tinaguring UMDJ 5 at ipinakita Ang mga anti-demokra- mang-agaw ng kapangyarihan, ang mandato para lamang ang mga marka ng tortyur sa tikong polisiya at mga paglabag matagal nang gasgas ito. Pana- manatili ito sa pwesto. n

Human Rights FORUM 7 Human Rights in Recent Supreme Court Street parliament: Akbayan partylist representative . Rulings Photos by AKBAYAN n By CARLOS P. MEDINA, JR. The Right to Privacy: Unified ID System (EO 420) N APRIL and May 2006, the Supreme Court This case focuses on the right decided on a number of cases eagerly awaited to privacy. On April 13, 2005, by the public because they affect fundamental President Arroyo issued EO 420 rights of citizens and relate to very urgent directing all government agen- matters of national interest. These decisions cies, including government- concernI the following: (a) Executive Order No. 420, owned and controlled corpo- on the Unified ID System, decided on April 19, 2006; rations, to adopt a unified multi- (b) Executive Order No. 464, on Legislative purpose ID system. The EO Investigations, decided on April 20, 2006; (c) the covered all agencies which Calibrated Preemptive Response (CPR) Policy, decided issued cards to their members or constituents, like GSIS, SSS, on April 25, 2006; and (d) Proclamation 1017, on the Philhealth, LTO, and PRC. Its Declaration of a State of National Emergency, decided purpose was to make existing on May 3, 2006. This article discusses what the ID card systems of government Supreme Court said about human rights in these recent agencies less costly, more decisions. As taken up in the decisions, these rights, efficient, reliable and user- in particular, are the friendly. following: privacy, Bearing in mind a 1998 information, freedom decision of the Supreme Court Court. They maintained, among of expression, free which rejected a national ID others, that the EO violates the system proposed by the Ramos people’s right to privacy because speech, free press, and government, many groups the rights to peacefully it allows access to personal (including KMU, , confidential data without the assemble and petition and church organizations) and owner’s consent. the government for concerned individuals The Supreme Court, how- redress of grievances, questioned the constitutionality ever, disagreed with them. It and to due process. of EO 420 before the Supreme ruled that the unified multi-

8 Human Rights FORUM b. the right to privacy shall be respected; c. access to the personal data shall be strictly controlled; d. the owner must agree personally or in writing for anyone to have access to the data; e. the ID card shall have advanced security features; and f. any change in the data must be based on the written request of the owner or under conditions prescribed by the agency years, many government issuing the ID card. agencies have been issuing ID cards and there have been no The Court also said that complaints from citizens that EO 420 applies only to these ID cards violate their right government agencies that to privacy. already issue ID systems under The Court explained that existing laws. It does some of these government not apply to other agencies collect and show more departments of data than what EO 420 requires. government and to Under EO 420, the unified ID independent system requires the agencies to constitutional collect and record only the commissions, like following 14 personal data: the courts, Con- name, home address, sex, gress, and the picture, signature, date of birth, COMELEC. place of birth, marital status, Hence, it is not a names of parents, height, national ID weight, the prints of two index system, which fingers and two thumbmarks, will require the any prominent distinguishing passage of a features like moles and others, new law. The and tax identification number 1998 decision of (TIN). But in the ID card itself, the Supreme only the following information Court is, there- will be shown: name, home fore, not applica- address, sex, picture, signature, ble because the fingerprint, agency number and presidential common reference number. issuance in that Therefore, compared to existing case, which pro- ID systems of government vided for a agencies, the unified ID system national ID sys- limits the data that can be tem without collected, recorded and shown. safeguards, In addition, the Supreme was struck Court said that unlike in existing down by the government ID systems, EO 420 Court for not provides for safeguards to being based on protect the personal confidential any law. purpose ID system does not data of citizens. These violate the people’s right to safeguards include the The Right to privacy. The Court said that the following: Information: right to privacy does not Legislative prohibit government agencies a. the data shall be used only from adopting reasonable ID to establish the identity of a Investigations systems, like the proposed person and shall be limited (EO 464) unified ID system under EO 420. to the 14 personal data listed This case The Court noted that all these earlier; relates to the

Human Rights FORUM 9 right of the people to information on matters of public concern in connection with the power of Congress to investigate anomalies in government. In the exercise of its power to make laws, the Senate, through its various committees, conducts these investigations in aid of legislation which require the attendance of government officials and employees as resource persons. On September 21-23, 2005 different Senate committees invited various government officials, including AFP officers, to testify in separate public hearings on the North Rail Project (with a Chinese corporation) and on the role of the military in the “Gloriagate Scandal” (alleged cheating in the 2004 presidential elections) and in the wire-tapping of the President ( the “Hello Garci” case). The invited officials requested for postponement of the hearings, but the Senate Rallyists led by Akbayan’s -Baraquel confront an anti-riot squad. Photos by AKBAYAN refused. So on September 28, 2005, President Arroyo issued the investigations are done in in were violently importance and protection by EO 464 which required senior public, any presidential dispersed by the police, the Constitution. It is because public officials and senior directive which limits resulting in injuries and the these are the rights which make officers of the PNP and AFP to disclosures of information in arrest of many rallyists. They democracy work, without first get the consent of the such hearings in effect deprives were dispersed because they which all other rights would be President before appearing in the people of information which had no permits, which were meaningless and unprotected. any congressional hearing. are of public concern. Citizens required under BP 880, The The Court, however, said that Because of EO 464, many are, as a result, denied access to Public Assembly Act of 1985. these rights are not absolute. invited officials refused to information which they can use The police based their actions They may be regulated, and BP appear in any of the Senate in making their own opinions on the government policy of “no 880 simply regulates when and investigations for lack of on the subjects of the permit, no rally” and the rule where public assemblies may be presidential consent. In investigations. The Court said of “calibrated preemptive held, and how they may be response, senators and various that it is in the interest of the response” (CPR) which were conducted. It is not an absolute groups, like Bayan Muna, PDP- state to have free political applied to implement BP 880. ban on public assemblies. LABAN, IBP and the Alternative discussions so that the The leaders and organizers of Furthermore, the Court said Law Groups (ALG), questioned government may know and be the rallies went to the Supreme that although BP 880 requires a the constitutional validity of EO able to respond to the people’s Court to question the mayor’s permit to hold a rally, 420 before the Supreme Court. will. But this is possible only if constitutionality of BP 880 and the permit can only be denied if They argued, among others, that the people are properly asked the Court to stop the the holding of the rally will EO 420 violates the right of the informed on matters of public violent dispersals. They result in a clear and present people to information on concern. claimed that their right to danger to public order, public matters of public concern since freedom of expression and right safety, public convenience, it prevents the people from The Right to Freedom of to peacefully assemble and public morals or public health. getting information about the Expression, Assembly and petition the government for And if the rallyists cannot wait alleged anomalies under redress of grievances were for a permit, under the law, they investigation. Petition: CPR Policy violated by the police actions. can hold the rally without any The Supreme Court agreed This case is about the right The Supreme Court said that permit required in a freedom with them. According to the to freedom of expression and the the right to peacefully assembly park which every city and Court, EO 420 violated not only right to peacefully assemble and and petition the government for municipality in the country the power of Congress to to petition the government for redress of grievances is, together must create within six months conduct investigations in aid of redress of grievances. Between with freedom of speech, of from the time BP 880 took effect legislation, but also the right of September 26 to October 6, 2005, expression, and of the press, a in 1985. The Supreme Court, the people to information. Since several anti-government rallies right which is given primary however, found out that only

10 Human Rights FORUM Cebu City has declared a process under the Constitution. freedom park in compliance Hence, the Court declared that with BP 880. The Court, the “acts of terrorism” part of therefore, ruled that cities and GO No. 5 is unconstitutional. municipalities which have not The Court also said that the yet created any freedom park dispersal of rallies and arrest of may not require permits for rallyists were illegal since they rallies in any public park or were just exercising the right to plaza in the city or municipality peaceful assembly. The until a freedom park is declared. wholesale cancellation of rally Specifically on the CPR permits, without any showing policy, the High Court said that by the government of a clear and CPR does not serve any valid present danger to the state, was purpose if it means the same a violation of the right to thing as the maximum tolerance peaceful assembly. The raid on policy set forth in BP 880 (i.e., the Daily Tribune offices was the highest degree of restraint plain censorship and violated that the police and the military freedom of the press. The Court shall observe during rallies or emphasized that freedom to in the dispersal of rallies). But comment on public affairs is Urban poor women challenge president Arroyo’s calibrated preemptive if CPR means something else, response policy. essential to the vitality of a then it is illegal, since the law representative democracy. itself already mandates declaring a state of national IBP, and ALGs) had already filed maximum tolerance as the emergency. She said there was petitions with the Supreme Conclusion policy to be followed by the a conspiracy between Court challenging the consti- The Supreme Court has authorities in handling rallies. communists and rightist forces tutionality of PP 1017 and GO No. clearly taken a stand in favor of The Court also looked into to bring down her government 5. They claimed, among others, upholding the fundamental the situation where, because with the help of some media that PP 1017 and GO No. 5 violate rights of citizens in these mayors refuse to act on people. On the same day, she the freedom of the press, of decisions, while also upholding applications for a permit, also issued General Order No. speech and of assembly. governmental acts which it has rallyists are not able to produce 5 (GO No. 5) directing the PNP The Supreme Court declared determined to be reasonable. permits when asked by police, and the AFP “to immediately that PP 1017 did not give the These rulings by the Court are as a result of which they are carry out the necessary and police the power to conduct now considered part of the law immediately dispersed. To appropriate actions and illegal searches or illegal of the land. By coming up with address this situation, the Court measures to suppress and arrests, or to violate the rights these decisions, the Court has said that as part of maximum prevent acts of terrorism and of citizens, and that the police certainly strengthened the tolerance, rallyists who can lawless violence.” committed illegal acts in the promotion and protection of show the police that they have Immediately after the implementation of PP 1017. human rights in the country. At filed an application on a given issuance of PP 1017 and GO No. The Court examined GO No. the same time, the Court has date can, after two days from 5, the government cancelled all 5’s directive for the PNP and the also given notice to those in such date, hold a rally without anniversary celebration AFP “to immediately carry out power that it will not allow the having to show a permit, since activities and revoked all the necessary and appropriate government to act in ways which the grant of the permit will be permits to hold rallies given by actions and measures to violate rights guaranteed by the presumed under the law, and it local governments. Rallies suppress and prevent acts of Constitution and by will be for the police to show without permits were violently terrorism and lawless international human rights that the application has been dispersed by the police and violence.” The Court said that instruments. This reassuring denied before it may peacefully some rallyists were arrested. GO No. 5 is vague since there is position of the Supreme Court disperse the rally. The offices of the pro- no law defining “acts of on the side of human rights is opposition Daily Tribune were terrorism”. The absence of a especially significant since The Rights to Due Process, raided. The PNP warned it definition may result in abuse grave political and economic Peaceful Assembly, Free would take over any media and oppression on the part of problems and national Speech and Press: Declaration organization that would not the police and the military. emergencies continue to affect follow “standards set by the Without such a definition, under the country. For it is in difficult of a State of National government during the state of GO No. 5, it is the President and trying times like these that Emergency (PP 1017) national emergency.” The alone who decides what are acts fundamental human rights are This case concerns the rights police also arrested without of terrorism. This can lead to most endangered and need the to due process, peaceful warrants certain anti- indiscriminate arrests without most protection, especially from assembly, free speech and free government personalities. warrants, breaking into offices the acts of those in power. press. On February 24, 2006, as A week after the declaration, and residences, taking over ...... the nation celebrated the 20th the President lifted PP 1017 media groups, and the Atty. Carlos P. Medina Jr. is anniversary of the Edsa People saying that the emergency has prohibition and dispersal of chairperson of the PhilRights Power I, President Arroyo ended. By that time, however, anti-government rallies, all in Board of Trustees and director of issued Presidential Procla- many oppositionists, concerned the name of GO No. 5. These the Ateneo Human Rights mation No. 1017 (PP 1017) citizens, and groups (e.g., KMU, acts violate the right to due Center.

Human Rights FORUM 11 Investigations and Fact-Finding Missions: Asserting our Human Rights and Breaking Impunity

Assassination is the n By MAX M. DE MESA extreme form of censorship. - George Bernard Shaw HE ONGOING spate of extra-judicial executions or … they came for the ‘salvagings’1 Communists perpetrated with and I did not speak out impunityT under the Arroyo because I was not a government prompted civil Communist. society and the human rights Then they came for the community to form fact-finding trade unionists missions. These fact-finding and I did not speak out missions were done in the face because I was not a trade of government and/or police unionist… pronouncements that their police with the sanction of institutions that are critical Then they came for me investigations could go no higher-up government and and/or opposed to government and there was no one left further without witnesses and leads. Even the Commission on military officials. plans, programs and policies. In to speak out for me. Human Rights, in most The pattern of the extra- the countryside, this image is - Pastor Martin Niemoller incidents, just archived the cases. judicial killings reveals that imposed upon people often The unspoken sentiment from there are priority targets for coerced to attend these brain- communities was that if any extermination: the “left”, thus washing sessions and dictated witness existed at all, that making most of these killings rallies (called “peace rallies”), person would naturally be political in nature. The “left”, as in Mexico, Pampanga3 where reluctant to give testimony, for depicted by the military as 19 of 43 barangays have military fear of inviting reprisals. Such primarily belonging to or detachments. People who reluctance on the part of express their just demands and witness/es is understandable, associated with the New especially with the widespread People’s Army (NPA), are “the seek redress through 2 belief that the perpetrators are enemies of the state” . This label demonstrations and pickets are most likely death squads let is extended to all legitimate and often the focus of coercive loose by either the military or legal organizations and attendance, as in Towerville,

12 Human Rights FORUM Photo by AKBAYAN

witnesses, recently despite the latter’s physical organized Task Forces and proximity to the killing, who victims or Fact-Finding Missions (FFM) to could pin-point the perpetra- even consistent principled investigate the extrajudicial tor(s), like the following cases: Bulacan4. Working stand for justice, democracy and executions6, political killings within the framework of a Cold- human rights will be construed and other serious human rights Antonio Adriales, leader of War mentality and couched in a as sympathy to, if not direct link violations in Metro Manila,7 the peasant organization McCarthyistic, anti-communist with, the perceived “enemy of Central Luzon8, Negros9 and Aguman Dareng Maldang language, the State and the the state”. In such a coercive Mindanao10. Talagapagobra Queng Gabun military establishment, with environment, the forced con- The main objective of (AMTG) in Mexico, Pampanga, Gen. Jovito Palparan, Jr. as the clusion and enforced behavior investigating extrajudicial who was shot on January 10, main spokesman, lend an therefore is that it is all right to executions, political killings and 2006 near his home. At the time atmosphere of legitimacy to the eliminate, even physically, the other grave human rights of the killing, his wife, Delia, killings or, in the least, blunt “left”. violations is to collect sufficient and children were already and control the outrage towards evidence and to convince the preparing to rest for the night. these criminal acts. To deflect Objectives and Obstacles needed witnesses so as to be Despite strong suspicions of accusations of responsibility, The Citizens’ Council for able to file charges, convict the who could be the killer visitors government and military Human Rights (CCHR), a perpetrators and obtain justice of Tony, they remained only officials even insinuate that the broad-based human rights for the victims. Ultimately, it is that – suspicions – because no left itself is killing its own.5 Any movement convened by the to break impunity. other proof could be produced. outright condemnation of the Philippine Alliance of Human Most of the incidents of extra- Such a situation is not crimes, open defense for the Rights Advocates (PAHRA), judicial executions have no helpful to two more peasant

Human Rights FORUM 13 leaders who live in the same until the day of his abduction Domingo and shot him in the personnel of Hacienda community as Tony. Before and enforced disappearance in temple. Domingo died instant- Minacalao, also in Silay City, last proceeding to Tony’s house, the the hands of the military ly. Even the police who came to December 29, 2004. Areglo was killers first knocked on the believed to be from the 70th IB the scene were fired upon. hit with a bullet in his left doors of these two peasant PA in Baryo Site, Samal, Bataan. There are cases of frustrated abdomen. The other farmers leaders, but the two were not in When Tomas’ wife, Dorina, a salvagings and massacres per- were spared only because the their respective homes. There rebel-returnee herself, sought petrated by non-state actors but perpetrators ran out of bullets. would have been three the help of the Barangay have been abetted by govern- Areglo’s companions were able executions that night. But it does Captain, the latter did nothing ment officials, despite identified to apprehend Ronilo de los not mean that the two peasant to help locate Tomas and ensure perpetrators. Examples are: Santos and Randy Batan while leaders can now breathe easier. his safety, but did affirm that the the other six other assailants, all The killers have not been military took him aboard an Marlon C. Maspat , a of whom were known to the caught, let alone convicted. army truck. When Dorina was resident of Brgy. Sta. Monica, San victims as men of Narciso Tam, They continue to hunt their later told that Tomas was Simon, Pampanga. On January were able to escape. De los victims with impunity. brought to the 24 IB Detachment 31, 2006, two gun-men (Oscar Santos and Batan have been in Kamacho, she sent her Romero, Jr. and Michael turned over to the police but the Kathy Alcantara, leader- daughter but the latter was Arsenio) fired upon him. He case has not yet been resolved. organizer of the Pambansang refused entry. Dorina is was hit by a bullet, but was able Kilusan ng Makabayang presently confused and worried to escape to safety. Romero and Asserting our Common Humanity Magbubukid (PKMM), was killed over inconsistent information Arsenio had mistaken Marlon The government and the mid-morning of December 5, reaching her. One news was that for someone else, someone who military are primarily Tomas was killed (“Ginilitan sa 2006 in Brgy. Gabon, Abucay, was involved in the killing of accountable for this spreading leeg”/His throat was slit). The Bataan. She was just a short one of the notorious Batu coercive environment and other news was that her husband distance from an on-going brothers. The Batu brothers culture of impunity in which is still alive and is being used seminar of PKMM in Abucay were leaders of a group which even non-state actors thrive. by the Army as a “civilian asset” Country Resort when she was engaged in extortion, among Non-state actors, such as in their military operations gunned down by motorcycle- others, to which Romero and landlords, would naturally be (“Buhay. Kasama ng Army sa riding men. People who turned Arsenio belonged. The Batu inclined to maintain close operasyon.”/ He’s alive. He is to look when they heard the brothers’ group are also known relations with the military and with the Army in their shots were not in a position to to be used by local officials police to serve their own operations.) recognize the killers who in the during elections. Marlon has interests. The various forms of meantime had sped away. filed charges against the two harassment and intimidation, Audie Lucero, political with the police, but up to the with the acquiescence of activist of the Youth for Enrico Cabanit, peasant time of the fact-finding mission, authorities, could be but a Nationalism and Democracy in leader of UNORKA, was gunned Romero and Arsenio were still prelude to more extra-judicial Samal, Bataan, was last seen down while in the Panabo City freely roaming in the town. executions all over the country. alive in the company of military market, Davao del Norte, with This fear is all the more personnel at the Isaac & Catalina his daughter, Daffodil, at 6 P.M. Rolito Boltron is a farmer heightened with the recent Medical Center (ICMC) at last April 24, 2006. Ka Eric was beneficiary in Hacienda allotment by Ms. Gloria around 11 P.M. of February 12, shot several times in the head, Mulawin, Silay City, a recipient Macapagal-Arroyo of one 2006. while his daughter was hit on of a Certificate of Land Owner- billion pesos for the decimation her chest. The police consider ship Award (CLOA). On the of the New People’s Army. the case “already closed” as their Rico Adeva, a community evening of January 5, 2004, he There is also a crisis in main suspect, identified from a organizer of Task Force other farmer-beneficiaries were human rights, as there is a crisis cartographic sketch by “police Mapalad was killed on April 15, in a tent guarding their awarded on the political plane. Extra- assets,” was later killed in Gen. 2006 while traveling with his land. At 3:00 AM, they were judicial executions, political Santos City. The “police assets” wife, Nenette, from his home in suddenly roused by lights killings and other gross human just happened to be in the area Hacienda Defuego II, Silay City coming from a tractor. The rights violations have been – at the time Ka Eric was shot to to Talisay City. Rico sustained farmers were fired upon, and continue to be – perpetrated death. One of the two witnesses ten gunshot wounds. Nenette without provocation, as they with impunity that these interviewed by the fact-finding was able to identify some of her were going out of the tent. violations have not only divided mission definitely said the dead husband’s killers.12 Rolito was hit on the lower people between those who have police suspect was not the abdomen and would end up rights and those whose rights person who shot Ka Eric.11 Mario Domingo and four completely paralyzed. The can be easily dispensed with, There are cases, even with other farmer beneficiaries were perpetrators were identified as but have destroyed our belief leads, when , fired upon by a group led by Joseph Lacson, the encargado of in our common humanity. Our police and military personnel one Lito Silverio. Domingo and Hacienda Mulawin and the vulnerabilities have been frustrate the protection of his companions were protesting security guards hired by the infected by the virus of the human rights of victims, as in why Silverio and his men were former landowner. No one has communist bogey which in turn the following: planting corn in the land that been convicted of this crime. debilitates our capabilities to belonged to Task Force Mapalad defend human dignity. More Tomas M. Paras, a rebel- to which the former belonged. Rogelio Areglo and other often than not, the outrage returnee, had been a charcoal- Despite being in flight, farmer beneficiaries, without towards these killings have maker for the last nine years Silverio’s men pursued provocation, were fired upon by been partisan, i.e., cutting

14 Human Rights FORUM through, among others, to draw out fearful witnesses organizational, sectoral and and reliable data and statements ideological lines. Even the which may be helpful in the churches and churchpeople prosecution of the perpetrators. seem to be still held back by the The CHR and the human “red scare” that killings of rights movement should pool priests from the Philippine knowledge and capabilities for Independent Church do not this serious endeavor of halting draw open condemnation and the rampage of human rights solidarity from Catholic and violations. While the CHR has other Christian churches and no prosecutory power, it congregations. The psy-war of nonetheless could lend its the Arroyo administration and personnel and resources to of the military has managed to those who will file charges separate the middle and upper against gross violators of classes of Philippine society human rights. The CHR should from the ordinary people avoid becoming just an struggling for their human expensive archive of gross rights and fundamental human rights violations. To be freedoms. a major actor in the fight against It is thus time to recall the impunity, CHR, for one, must statement that Pastor Martin warn and weed out if necessary, Niemoller made during Hitler’s officials and personnel whose attempt to decimate the Jews. If actions abet impunity.14 On the we do not respond now in other hand, the non- solidarity with those whose government human rights dignity and human rights are organizations and institutions assaulted, there may be no one must collectively set common else to come to our defense when priorities. Together they could our own dignity and human leave a legacy of being rights are assaulted. trailblazers in breaking Asserting our common impunity. humanity must be done in the This legacy begins with face of all attempts to acknowledging that the people dehumanize us by violating our Shouting to the obstinately deaf: activists call for an end to the political themselves are the decisive force human rights. This must be mayhem. Photo by AKBAYAN in breaking impunity. The done before both state and non- needed human rights education difficulties and obstacles to have to be realistically and state authorities and entities, that upholds the people’s resolving a case are numerous. programatically obtained. demanding accountability and But beyond fact-finding Complete disclosure and dignity must be broadly responsibility respectively. missions, there must also be an determined pursuit of evidence implemented and accelerated. And while priorities must be entity tasked to sift through the can be achieved if all concerned People should know and assert established, this assertion must growing number of incidents of parties contribute to the their human rights. This be done in principle by all and extra-judicial executions, building of evidence against the assertion should be expressed for all.13 political killings and other perpetrators. This is where organizationally through Conducting investigations grave human rights violations cooperation and trust must be human rights formations, such and fact-finding missions with and select those cases which established between civil as the Barangay Human Rights the broadest representative 15 could be pursued to resolution. society, the non-government Action Centers (BHRACs) . participation is a form of protest There is a need to search for a human rights groups and the The members of these human against this assault on our breakthrough against impunity, Commission on Human Rights rights formations must be common humanity. Formation either from a case of extra- (CHR) without infringing on trained in documenting and of such missions asserts not only judicial execution, political each one’s independence and monitoring human rights our common concern, but also killing, torture or enforced initiative. There must be an violations, as well as denounces and fights against all disappearance. There must be a open exchange of investigation government compliance of its attempts to erode our dignity focus on those cases which have results. The CHR has privileged state obligations within their as human beings. a high prospect of prosecution access to government and scope of responsibility. These and conviction. This means the military officials, buildings and documentations should in turn Searching for a breakthrough readiness and passion of offices, as well as symbolic be brought before all venues in against impunity lawyers, as well as witnesses, for authority. Civil society and the national, regional and Many, if not most, of the this specific pursuit of justice. non-government human rights international levels to obtain cases are frustrating due to the The security of survivor victims groups usually have deeper appropriate responses, very slim, if any, chance of and witnesses must be roots in communities where the including judicial and arresting the perpetrator(s) and sustainably assured and violations have been legislative16. Such human rights bringing justice to the victims. meticulously arranged. perpetrated. They could also sensitivity and skills can imbue We have seen above that Material and financial needs have more persuasive influence peoples’ struggles with the

Human Rights FORUM 15 added courage and enthusiasm Central Mindanao police Chief several contested land areas house of the couple, Bacar in asserting their common Superintendent German Doria to (Haciendas Del Fuego, Progreso, Japalali and Carmen Baluyo, and humanity and eventually the NPA’s sparrow unit. The local Dolores, Dorotea, and killed them. 17 NPA denied responsibility saying Adoracion) in Silay City, Negros breaking impunity. Impunity, that the couple were engaged “in Occidental. In the course of their The incident happened in after all, is only broken when the progressive legal democratic struggles for justice and agrarian Barangay Bincungan, Tagum City the people have determinedly mass movement in North reform, some of the TFM leaders on September 8, 2004. asserted their human rights. ”. have been ‘salvaged’ and many of its members harassed and CHR failed to conduct an *The author is the 6 At this point, extra-judicial intimidated by State and non- investigation. This and similar Chairperson of the Philippine executions take the strict generic State elements. acts of omission contribute to the and broader application of all culture of impunity. Alliance of Human Rights killings perpetrated by state 10 The high profile case was the Advocates, and Convenor of the agents against anyone without one of Eric Cabanit, a peasant 15 This is a neglected program of Citizens’ Council for Human due process of the law. Thus, leader and staunch human rights the CHR which was envisioned Rights one of the human rights defender, who was gunned down to empower the citizens to take violations identified by the CHR along with his daughter in Davao the lead in the promotion and NOTES: in the case of the “Bicutan Siege“ City in the island of Mindanao. protection of human rights in the is extra-judicial execution. Even Other cases were from Southern grassroots level. After the 1 Extra-judicial executions are though the victims of the siege Mindanao, involving primarily Memorandum of Agreement killings perpetrated by state were suspected members of the violence in agrarian reform between the CHR and the agents without recourse to the kidnap-for-ransom group Abu areas. Department of Interior and Local rule of law. “Salvaging” is a Sayyaf, they nonetheless were Government (DILG) in 1994, out coined Filipino term for extra- entitled to respect and 11 International Fact-finding of 7,270 BHRACs established, judicial killing, popular during protection of their human rights Mission Final Report: “Running only 2,342 are functional the martial law period. The to life, to due process and to be Amok: Landlord Lawlessness nationwide. Many must be victims of these human rights free from inhuman treatment. All and Impunity in the Philippines”. acknowledged to have been violations during martial law political killings or ‘salvagings’ Fact-findng Mission conducted politically coopted when the were those with political beliefs. referred to in this paper belong from June 2-15, 2006. Barangay officials themselves Thus, most of the times, extra- to the category of extra-judicial act as the Barangay Human judicial executions are executions. But extra-judicial 12 Nenette Adeva made a Rights Action Officers. The whole synonymous with political executions are not only political supplementary affidavit wherein program must be assessed by killings. killings. she identified two of the three all interested stakeholders. For assailants of her husband, i.e. one, the CHR has for several 2 Armed Forces of the Philippines’ 7 Task Force Bicutan was formed Ronald Europa y Porras and a years not responded to the offer production “Enemies of the both to address the legal aspect certain “Boy Negro”, whom she of assessment and collaboration State”, 2004. It must be pointed of the Bicutan Siege and the remembered as members of the by the Task Force Detainees of out that much of the information campaign component of the Revolutionary Proletarian Army- the Philippines (TFDP) and the came from the martial law incident. The Moro Human Alex Bongcayo Brigade (RPA- Philippine Alliance of Human period. It contained names of Rights Center (MHRC) is the lead ABB). The RPA-ABB verbally Rights Advocates (PAHRA) to persons some of whom are organization. The legal aspect denied they had anything to do establish and to strengthen already dead, like Sr. Christine focuses on the cases of extra- with the killing of Rico Adeva. BHRACs in their areas of Tan of the Association of the judicial executions, massacre, See the final report of the operations. Major Religious Superiors in the excessive use of force and International Fact-finding Report Philippines (AMRSP). inhuman treatment of detainees “Running Amok; Landlord 16 It should be noted that the in the SICA Bldg. in Camp Bagong Lawlessness and Impunity in the Philippines is a signatory to 3 See CCHR Fact-Finding Mission Diwa, Taguig. These human Philippines”, 2-15 June 2006. many human rights instruments Report: Pampanga and Bataan. rights violations were and is presently a member of April 24-26, 2006. Please refer perpetrated on March 15, 2005 13 In practice, this assertion of our the newly formed United to section on ‘Militarization of by police elements under the common humanity means taking Nations Human Rights Council. Communities’, p. 10ff. command of Angelo Reyes, then up the advocacy and/or defense Secretary of the Interior and of suspected Abu Sayyaf All people’s formations of 4 See SANLAKAS report on Local Government; incoming detainees in Camp Bagong Diwa, human rights should receive Towerville, Bulacan, where each Police Chief Superintendent of mass leaders from different information and, eventually, family was required to send a Lomibao and then-outgoing political persuasions whose training on the use of the representative to a barangay Police Chief Superintendent human rights have been violated international human rights (village) meeting where the Aglipay. The Commission on by either state or non-state mechanisms. military documentary, “The Human Rights has already made actors. Cases in Negros and the Enemy of the State”, was shown. an en banc resolution citing the Bondoc Peninsula are examples 17 Collaborative efforts by civil It must be noted that the urban above mentioned violations of of alleged violations by non- society, especially the poor communities harassed by the people who conducted the state actors as reported by the grassroots communities, the the military were those which siege. International Fact-finding human rights movements and sent delegations to the Mission. CHR could focus as priority anniversary of EDSA I last 8 The cases presented for areas the projected “mega February 24, 2006. investigation came from the 14 For example, Task Force regions” of development as Kilusan para sa Pambansang Detainees of the Philippines well as the militarized areas 5 Philippine Daily Inquirer, June Demokratiko (KDP) from the (TFDP)-Mindanao: A complaint where human rights violations 25, 2006, p. A18, ‘One in body, provinces of Pampanga and accompanied with relevant are expected to increase. spirit for the oppressed’. The Bataan in Central Luzon. documents was filed by Rodolfo Massive human rights educa- extra-judicial executions of Baluyo and Talib Japalali in the tion and paralegal trainings husband and wife George Vigo 9 The cases for investigation came CHR Davao office against and building human rights and Maricel Alave, former from the organization Task Force military personnel who, without formations should receive activists, were being blamed by Mapalad (TFM) which covers provocation, fired upon the comprehensive support.

16 Human Rights FORUM AWRA LANG sana kami. Kung alam ko lang na hihirangin akong Miss Colombia, ‘di na sana ako nangarap na ‘AWRA’ sumama sa mga kumare ko (We just wanted to go on a lark. Had I known “thatA I’d be crowned ‘Miss Colombia’ [read: end up in jail], I wouldn’t have dreamed of going with my cronies.),” Lilybelle (not her real name), told GONE PhilRights staff. It was around 3:00PM, February 24, 2006, and some PhilRights staff had gone to Camp Karingal in Quezon City to check on the status of some 91 persons arrested early that morning, a few hours before President Arroyo AWRY officially issued Presidential Proclamation 1017. (or, what not to wear during a state of emergency) Lilybelle was squatting rather un-daintily inside the Firing Range of the police camp. Her group had been herded there by the police team that stopped their vehicle around 7AM at corner Timog and Morato in Quezon City. Lilybelle is 19 years old, and gay.

On the day she was hauled to Camp Karingal, she was wearing – fortunately or unfortunately – a very skimpy denim skirt. That singular skirt displayed and did not even pretend to shelter any part of her thighs. It was a micro-mini affair that might have goaded Twiggy herself (she who first hoisted the hemline 15 inches above the kneecaps) to declare a state of siege. It was a skirt meant for rampa (a generic term that could mean voguing, cruising, or simply gadding about), and not for trouble- making. Most definitely, it was a skirt one would not choose – even in a fleeting spell of lunacy – to attack Malacañang Palace, Beauty and the beast: the detainees inside Camp Karingal (above) and anti-riot police guarding the camp gate (top let alone to destabilize an entire right). Photos by TRACY P. PABICO police and Armed Forces all

Human Rights FORUM 17 armed to the teeth. “Wala naman kaming masamang intensyon, ano! (We had no intentions of creating trouble!)” She stressed her indignation by furiously fanning herself with her pink paper fan. “Ang ganda- ganda ko pa naman! Nakakaloka! (Look how comely I am! This is so distressing!)” One quick look at Lilybelle and her coterie would have revealed the obvious: they hardly posed any threat to peace and order, national security, democracy or the duly consti- tuted authorities. If they chose to, they might have created a little traffic sideshow, but that was the best that this bubbly group could ever achieve in the name of danger. Only someone perversely obtuse or willfully moronic, or perhaps an over- zealous automaton, would have associated the vivacious band with the downfall of a régime. So what was this little strumpet doing here in Camp Karingal along with the likes of UP Professor Randy David and The eldest of the detainees lawyer Argee Guevarra? was Lola Marina, 70 years old. On her way home from a She thought she was going to a funeral vigil early that morning, Scenes from a state of emergency: as angry rallyists massed up outside Camp public gathering of her fellow Lilybelle was asked by her gay Karingal to denounce the illegal arrest of some opposition personalities, Born-Again Christians. Like peers if she wanted to go on an detainees from urban poor communities, including a 6-year-old girl and her Lilybelle, she didn’t have the outing. “Parang may celebration elderly aunt (far right) patiently wait for their release. Photos by TRACY P. PABICO vaguest idea why she was being daw, dahil anibersaryo ng EDSA. detained. The organizers didn’t Eh siyempre vorta aketch sa aking what they expected to be a so the detainees were confined properly inform them of the full mansyon. Emyas agad ang lola mo. festive occasion, their vehicle at the Cold Firing Range. The purpose of the excursion that Akala namin may selebrasyon was stopped. “Hinarang kami ng range had a shed and several wound up at the police camp, talaga. (We heard that there mga pulis sa may kanto ng Morato benches, but not all of the nor the possible risks involved. would be a sort of celebration (The police blocked our detainees could stay under the Of the 91 detained, seven because of the EDSA I anniver- vehicle).” Their jeepney was shed nor rest on the benches. were minors. The youngest was sary. It was a boring day back easily spotted by the police Lilybelle and her friends ended a 6-year-old girl. Her aunt, who in my mansion, so I painted my because it was out of line – it up hunkering down under the was with her, thought it would face at once. We really thought was supposed to ply the route shade of a tree. be a good idea to bring her little there was a celebration.)” More far from EDSA. The vehicle was David and Guevarra, of niece to what she also thought than eight hours of fretful impounded, and they were course, were not thrown in with was a celebration. While the waiting at the camp had evi- made to disembark. Then them. grownups around her were dently not dimmed Lilybelle’s Lilybelle, along with her friends Like our pert heroine, all of shuffling their feet and twiddling irrepressible humor, narrating who were as remarkably the detainees inside the firing their thumbs, not knowing what her story in that inimitably garbed and made up as her, were range came from urban poor would happen to them, or when colorful and inventive language steered with hardly a preamble communities in the outskirts of the authorities would come to that gays have perfected. to Camp Karingal. mega Manila. Used to the barest their proper senses and let them Lucky Lilybelle. She had “Yan ang kagimbal-gimbal na of essentials, the group tried to go, the little girl went around the plucked her eyebrows the day kasaysayan ng buhay ko! (And that accommodate themselves to shooting range collecting empty before, so she just needed a few is the shocking story of my their inconvenient sur- bullet shells. Back home, she touches of rouge here and there. life!)” Lilybelle concluded in roundings. There were no toilet could earn a few pesos selling She was ready to compose mock-serious tones. facilities, so the women put up these at a junk shop. herself inside the jeepney in a At Camp Karingal, her a makeshift cover of cardboard When PhilRights staff arri- jiffy. group was joined by two more at the far end of the range. ved at Camp Karingal, nego- She was naturally tickled at batches of detainees. Perhaps Whenever someone wanted to tiations were already under way the prospect of an outing, the lock-up couldn’t accom- use the ‘facilities,’ she would for the release of the detainees. especially since some of the local modate all of them, or perhaps need the help of two other Lawyers from Sanlakas were in boys were also going with them. the arresting officials didn’t women who would hold up the a huddle with police officials, “Nandun ang mga boylet, oh di va,” want to look laughable, putting cardboard. The cardboard while law interns from the UP she narrated with a coy smile. a group of harmless and barely shielded the person, but College of Law were taking But before they could get to bewildered people behind bars, it was the best that was available. down the statements of the

18 Human Rights FORUM detainees. Staff of the Medical following day’s newspapers Action Group were also on hand painfully illustrates the to give medical attention to supreme indifference of the some of the detainees who were universe to Lilybelle’s brief reportedly manhandled and brush with non-fame. The arrest beaten by the police during of her group was not even their arrest. mentioned in the news. In the Outside, activists angrily political maelstrom of those picketed the camp gates. days, Lilybelle’s case did not At around 4:30, some nuns merit attention. No reporters from the Task Force Detainees trooped to get her brassy quotes; arrived with cartons of bottled no cameras framed her stylized water and biscuits. Hungry, poses. In the handbooks of tired, and anxious about their mainstream reportage, Lilybelle legal status, the detainees was just an insignificant road- quietly and wearily made two kill. Being a nobody, the trauma very orderly queues. Some had that she suffered in the hands of not eaten breakfast yet, having both the irresponsible left their community quite early organizers of that excursion and that morning for an anticipated the officious police who celebration that ended up, as detained her will not affect the Lilybelle and her troupe would grind of national politics and is say, ‘in Colombia.’ therefore not newsworthy. By 5:30, police authorities Even if it occurred to her, agreed to let the detainees go. Lilybelle wouldn’t have the Lilybelle and the rest of the resources nor the know-how to hapless group lined up again, challenge the authorities that so this time for the tedious mistreated her that day. In fact, processing of their release. They she was even grateful for her were profiled and finger- release. So Lilybelle humbly printed, like common criminals, faded back to her impoverished although it was not properly community without anyone explained why, when no being held answerable for the charges were ever brought indignities she and 90 others against them by the authorities. suffered that day. Before nightfall, Lilybelle’s And that’s precisely how brief but nerve-wracking reign human dignity and human as ‘Miss Colombia’ was over. rights get steadily eroded in the A quick check with the Philippines. – jmvillero

Human Rights FORUM 19 Alamin ang inyong mga KARAPATAN

bahagi ng iyong kasuotan. Hindi ka pwedeng utusan ng pulis A. Ano ang dapat gawin na maghubad upang makita kung ikaw ay may tatoo o iba kapag ikaw ay hinarang pang marka sa katawan. Hindi rin pwedeng buksan ang iyong at gustong kapkapan ng bag o utusan kang ipakita ang laman ng iyong wallet. mga pulis o militar? k. Habang ikaw ay kinakapkapan at may napansing nakatagong bagay sa iyong katawan, pwede itong ilabas ng pulis at tingnan kung ito nga ba ay mapanganib na sandata. Sa ilalim ng batas, ang pagharang o pagpapahinto at pagkapkap sa isang tao ay magkahiwalay na aksyon ng pulis. d. Kapag nakita ng pulis na ang nakatagong bagay sa iyong katawan ay sandatang nakamamatay, pwede niya itong PAGHARANG O PAGPAPAHINTO kumpiskahin at maaari ka ring kasuhan.

a. Ang pagharang ay ginagawa ng e. Kapag napansin mong ikaw ay pinaglalaruan o hina-harass ng pulis upang imbestigahan ang isang mga pulis, huwag lumaban o maging bayolente. Sa halip, pinagsususpetsahang indibidwal at maghain ng demandang kriminal, sibil, at/o administratibo upang malaman kung may sapat laban sa mga pulis na nagkasala. na dahilan para gumawa ng iba pang hakbang laban sa taong hinarang. B. Paano kung ikaw ay b. Ang pagharang ay maaari lamang humantong sa pag-aresto nasa sasakyan at kung meron palang ‘warrant of arrest’ na inilabas laban sa iyo o kaya ay may sapat na dahilan ang pulis upang pinahinto sa checkpoint? magsagawa ng tinatawag na ‘warrantless arrest.’ a. Hindi mo kailangang lumabas ng k. Magagawa lamang ang ‘warrantless arrest’ kung ikaw ay sasakyan at hindi rin kailangang buksan ang nahuli ng pulis sa aktong paggawa ng krimen o kung may likuran ng sasakyan. Ang ini-inspeksyon personal na kaalaman ang pulis na humuhuli na ikaw nga lamang ng mga pulis ay mga bagay na kanilang nakikita at ay gumawa ng krimen. hindi kasama rito ang taong nakasakay at mga bagay na nasa loob ng sasakyan. d. Kung wala ang mga nabanggit na legal na batayan at walang dahilan para isipin ng pulis na ikaw ay armado, b. Maaari lamang magsagawa ng kumprehensibo o mabusising kailangang payagan ka agad ng mga pulis na makaalis. paghahanap ang mga pulis kung may mabigat at legal na PAGKAPKAP basehan ang mga pulis na ang nakasakay ay lumabag sa batas o kung may makikita silang ebidensya sa loob ng sasakyan kaugnay sa isang naganap na krimen. a. Ang tanging layunin ng pagkapkap ay upang alamin kung ikaw ay k. Kapag inutusan ka ng mga pulis na may dalang nakamamatay na lumabas sa sasakyan o kaya ay sandata. Ito ay para sa buksan ang likuran nito, huwag kaligtasan ng pulis na nais agad sumunod. Pwede mong mag-imbestiga sa iyo. tanungin ang mga pulis ng kanilang mga pangalan, ranggo b. Kapag ikaw ay pinahinto, hindi o posisyon, ang opisina o yunit awtomatiko na may karapatan na na kinabibilangan nila, at ang ang pulis na ikaw ay kapkapan. Magagawa niya lamang ito dahilan o batayan ng nasabing kung siya ay may sapat na dahilan upang maniwala na utos. ikaw nga ay armado at mapanganib.

SA AKTWAL NA SITWASYON Kung sa tingin ninyo ay walang sapat na dahilan ang kanilang mga ipinagagawa, mapayapang tumutol at a. Maaaring itanong ng pulis ang iyong pangalan at iba sabihing hindi ninyo pang pagkakakilanlan pero hindi ka niya pwedeng isinusuko ang alinman sa pwersahin na maglabas ng anumang papel hinggil sa inyong mga karapatan. iyong identidad. Sabihin din sa kanila na ang anumang ebidensyang b. Ang pagkapkap ay maaari makukuha nila sa lamang gawin sa sitwasyong iyon ay hindi pamamagitan ng marahang naman maaaring magamit pagkapa sa panlabas na laban sa inyo sa korte.

20 Human Rights FORUM Importanteng ipaalam at sabihin ninyo ang inyong pagtutol • Kapag lalabas, laging tiyaking meron kang mga papel ng dahil ituturing na isinuko ninyo ang inyong karapatan laban pagkakilanlan o ‘identification papers’ at huwag magdala sa hindi makatwirang paghahalungkat at pagkumpiska kapag ng mga bagay na maaaring magamit na ebidensya laban sa hindi ninyo nai-rehistro ang inyong pagtutol laban dito. iyo. d. Tandaan na ang mga • Kapag huhulihin o dadamputin ka na, siguruhing checkpoints ay legal maraming makakakita at makakaalam na ikaw ay lamang sa ilalim ng mga inaaresto at kung sino ang umaaresto. Kung kailangan, sumusunod na sitwasyon: sumigaw o mag-iskandalo upang makatawag pansin ang (1) kapag may malinaw pagkaka-aresto sa iyo. na panganib laban sa katatagan ng isang Kung may cellphone, tawagan o mag-text kaagad sa gobyerno, (2) kapag ang pamilya, mga kaibigan at sa iyong abugado. buhay at kaligtasan ng mga tao ay nasa matinding • Maiiwasan o mababawasan ang panganib, at (3) kapag posibilidad na ikaw ay ma-salvage kailangang arestuhin ang kung sasama ang iyong mga isang kriminal. kapamilya, kaibigan, o kahit mga kapitbahay e. Ang checkpoint ay dapat na ginagawa sa lugar na may sapat at tambay kapag na ilaw at may mga malinaw na senyas o babala na may ikaw ay inaresto. O isinasagawang inspeksyon sa lugar na iyon. Lahat ng mga kaya naman ay pulis na nakatao sa checkpoint at nag-iinspeksyon ay dapat sumunod sila sa na naka-uniporme na may ‘nametags’ at may tamang iyo at sa mga ‘identification cards.’ Ang yunit na nakabantay sa checkpoint umaarestong ay dapat pinamumunuan ng opisyal na ang ranggo ay hindi pulis upang bababa sa tinyente. malaman nila kung saan ka dadalhin at ipakitang nangangamba sila para Kapag hindi nasunod ang lahat ng kondisyong ito, pwedeng sa iyong kaligtasan. mag-ulat at magreklamo sa kinauukulang opisyal ng pulis o militar. Sa pinakamadaling panahon, kailangang masabi agad ng iyong mga kapamilya at K. Kung sa tingin mo, kaibigan sa isang abugado o ikaw ay nakatakdang sa isang respetadong myembro ng komunidad hulihin o i-salvage (titser, pari, doktor, o lider) na dapat namang kaagad ay dumalaw sa iyo. • Huwag na huwag lalabas mag- isa. Tumataas ang panganib na • Habang nakakulong, madukot o kaya ay ma- kailangang bisitahin salvage kapag walang ka nang madalas ng testigo o kaya ay walang iyong mga kapamilya nais tumestigo sa at kaibigan. Huwag pagkawala o pagka- pumayag na ilabas ka salvage ng isang tao. ng sinuman mula sa kulungan pwera na • Iwasang pumunta sa lang kung kasama mga lugar na walang ang iyong abugado o nakakakilala sa iyo. sinumang miyembro ng iyong pamilya. • Huwag ding manatili sa bahay nang nag-iisa. • Kahit may malinaw kang impormasyon na ikaw ay • Sabihin sa inyong pamilya at mga kaibigan ang posibilidad na aarestuhin o isa-salvage, hindi pa rin tamang ikaw ay kayo ay hulihin at kung ano ang mga dapat gawin kapag magtago. Ang pwede mong gawin ay hilingin sa iyong nangyari ito. Sabihin sa kanila kung sino ang mga pwedeng abugado o isang respetadong tao na linawin sa hingan ng tulong, kung paano sila makokontak, at kung kinauukulan kung meron nga bang ‘warrant of arrest’ saang mga opisina ka dapat hanapin. laban sa iyo. Kung meron nga, patulong sa iyong abugado o kilalang respetadong miyembro ng komunidad na • Bago umalis ng bahay, sabihin sa pamilya o mga kaibigan maisaayos ang iyong ligtas na pagpunta sa mga kung saan ka pupunta, sino ang kakatagpuin, ano ang kinauukulan. dahilan ng pagtatagpo, at posibleng tagal ng paglabas. Kapag meron kang cellphone, laging ipaalam sa mga kapamilya at Pinaghalawan: “Your Human Rights” na inilathala ng Free kaibigan kung nasaan ka at kung ano ang iyong kalagayan. Legal Assistance Group (FLAG)

Human Rights FORUM 21 Rapurapu Island: WHERE YOU EAT FISH AT YOUR OWN RISK fishing grounds in the entire archipelago. Yet, after a two day-stay, I and my companions had never had the chance to eat a single fish. Photo by PEPITO D. FRIAS Fr. Felino Bagauisan, that the people brought only Rapurapu parish priest, said that those that they could carry with the people of the Poblacion of them. Since then, residents have Rapurapu have stopped eating stopped eating fish caught fish that are caught from Albay within their shores for fear of Bay after two incidents of fish being poisoned, Bagauisan said. kill occurred last October 11 and News of the mine waste October 21, 2005. He said that spills and its dangerous effects these two incidents were caused on the health of the people had by mine-waste spills coming sown fear among the residents from a mining firm that of Rapurapu and some operates in the island, the neighboring towns of Sorsogon. Photo by PEPITO D. FRIAS Lafayette Mining Company1. In Legaspi City, traders no n By PEPITO D. FRIAS These spills, he said, contained longer patronize fish catch cyanide which he said had coming from Rapurapu Bay. ILIPINOS ARE fond of eating fish. It is not a caused the fish kill. Fr. Legaspi is the nearest unloading discovered or a chanced lifestyle. It is a Bagauisan recounted that some port where most of the fish from heritage, a natural consequence of the residents of a barangay that was Rapurapu are sold wholesale. In an island where the country’s archipelagic setting. So when affected by the spill brought him plenty of dead fish. He said majority of the population people travel to the provinces, especially to Ffishing villages, they always expect to eat fresh catch of fish. But not so when I and my mountainous forested area. officemate took a three-hour Rapurapu is a typical fishing banca ride towards Rapurapu village. So I took it for granted town at the edge of the Pacific that my stay in the island would in the south-eastern part of naturally include at least a meal Albay. We were there to verify consisting of fresh fish. and document alleged fish On our first meal, volunteers poisoning in this island. from the Social Action Center Rapurapu is an island (SAC) of the Municipal Parish community off the coast of of Rapurapu, which hosted our Albay. The island acts like a two-day visit, offered us dinner buffer and protects the shores without fish. I still thought that of Albay from giant waves maybe later I could taste some coming from the Pacific. broiled catches. After all, the Mangroves line the shores of the island is located in what I island; above the town looms a supposed is one of the best Photo by TRACY P. PABICO

22 Human Rights FORUM Photo by TRACY P. PABICO But then, whether the fish was safe to eat was also left to chance. It was, I thought, a game of chance where no one is really lucky and no one really wins. I saw again the fish vendor who pedaled past me towards the port of Rapurapu. There was the empty basin and the scale jangling away on her pedicab. She beamed at me, and I presumed she had just raffled off all of her supply. “Some unlucky people had just lost,” I Plunder and protest in Rapu-rapu: open-pit mining on a small island (above); citizens protest against the destruction thought. of their habitat, livelihood and main food source. Photo by PEPITO D. FRIAS Until that day when we left for home, I and my group were depend on subsistence fishing not able to eat fresh fish on the and fishery-related activities for island. income and food, the When we headed for Legaspi contamination of its aboard a large passenger banca, surrounding waters cannot be two baggage-carriers brought taken too lightly. The loss of down a crate of fish on the side the only source of livelihood wing of the banca. I could and food-source will seriously picture the owner of this crate affect the very survival of bargaining with and imploring thousands of island residents, fishbuyers in Legaspi City. It not to mention the health risks was a lone crate with several on the population in the large fish inside, presumably surrounding municipalities. caught from the Pacific side of But not all residents of the Rapurapu. I took a picture of Poblacion of Rapurapu shy the yellowish tails that Photo by TRACY P. PABICO away from fish. A woman protruded from the crate. resident admitted that they still course),” she said. The vendor The photos would not only buy fish because she believes goes around on a pedicab, be part of my the bay may not be pedalling around town while documentation. They contaminated at all because the hawking fish. She told me that would remind me that a sea under-current is heading the fish are caught not inside the foreign-owned mining towards another direction, Bay but in fishing grounds some company, in its quest for thereby carrying away the kilometers away. It seemed to gold, has robbed the poisonous wastes. Or so she be an honest sales-talk. I almost residents of Rapurapu hopes. She had no hard data to drew out my money to buy a Island the right to harvest support her belief, of course. few kilos; but I never dared. the seas’ bounties. When I talked to her, she had This particular vendor has Photo by TRACY P. PABICO just bought fish from a fish resorted to ingenious means to NOTE: vendor who in turn showed me earn a few pesos out of selling have 3 kilos of fish left, worth at 1 a plastic basin of her fish, at a time when fish almost least P150. She would sell 20 According to the Mines and merchandise. There were about seemed synonymous with different numbers at P10 per Geosciences Bureau website, The Rapu Rapu Polymetallic 2-5 kilos of fish of different poison. She was not only selling number. Like any other game Project is a mining venture of varieties. “Naibebenta mo pa rin her fish the old way. Whenever of chance, the holder of the Lafayette Phils., Inc (an ba yan dito? (So you can still sell she ends up with unsold fish, winning number ends up with Australian firm). The project will these here?)” I asked the fish she would dispose of this the catch, paying only P10 for extract copper, gold, silver and vendor. “Oo naman (Yes, of through a lottery. She might the entire haul. zinc from the island.

Human Rights FORUM 23 Panelists at the launching of the Human Rights book on women on death row. Activists and the Repeal of the Death Penalty Law n Text and photos by TRACY P. PABICO

N JUNE 24, 2006, the Philippines joined 124 other countries that have already abolished the death penalty either in law or in practice, when President Arroyo signed Republic ActO 9346 (“An Act Prohibiting the Imposition of Death Penalty in the Philippines”). The Road to Abolition intensified the campaign and The movement for the formed the Movement Against repeal of the death penalty law Death Penalty (MADPEN), a has been a long and difficult coalition of anti-death penalty journey. advocates and organizations. The re-imposition of death In 2003, the Mamamayang penalty in 1992 gave birth to the Tutol sa Bitay – Movement for Coalition Against Death Pe- Restorative Justice (MTB-MRJ) nalty (CADP) which was was established to further initiated by the Catholic strengthen the campaign against Church. CADP together with the death penalty. The MTB- the Free Legal Assistance Group MRJ was founded on the gains (FLAG) and Amnesty Interna- and lessons learned after over a tional (AI) spearheaded the decade of campaigning for the campaign against the Death repeal of the death penalty law. Penalty law that same year. MTB-MRJ has been at the After the execution of Leo forefront of the campaign to Echegaray in 1999, the Philip- abolish the death penalty from pine Alliance of Human Rights the criminal justice system of the Young adults express their views on capital punishment during an art Advocates (PAHRA) and AI country. It has made use of workshop.

24 Human Rights FORUM Engaging the State to Secure Human Rights The partnership between civil society and the state has always been at the heart of the network’s approach in the campaign to repeal the death penalty law. In the course of the cam- paign, the network established a strong working relationship with the House of Representa- tives, the Senate, Commission on Human Rights and the Presidential Legislative Liaison Office. These government Cutting the ties that kill: Akbayan party-list representative Etta Rosales is joined by top diplomats of the European institutions and the people Union (above); Congressman Edcel Lagman and Sr. Cres Lucero of the Task Force Detainees of the Philippines (top, working with the network right); Austrian Ambassador Herbert Jaeger (below) during the forum on the repeal of the Death Penalty Law. made it possible for the prompt creative and innovative International Abolitionist role in the campaign to repeal deliberation of the Anti-Death campaign modes such as film Movement and to share our the death penalty law. The EU Penalty bill and the immediate showings, symposia, photo/art experiences and lessons learned supported the campaign for passage of this legislative contests and exhibits, cultural with fellow anti-death penalty several years without fail and measure into law. performances, and literary activists. Local campaign acti- even went as far as to lobby Senate Bill 2254 and House productions to convey a human vities were conducted to directly with the Philippine Bill 4826 were passed by both rights perspective on the issue coincide with the commemo- Government to repeal the death Houses on June 6, 2006. of death penalty. ration of the World Day Against penalty law. On June 7, 2006, the The MTB-MRJ established the Death Penalty across the But all these efforts would Bicameral Conference Commit- linkages with the death row globe in 2004 and 2005. have been for naught had the tee (through tele-conference) inmates and their families, Amongst the different network not been able to work approved the final version of church groups, academic institu- “multilateral” agencies, the closely with the government the bill repealing the Death tions and student organizations, European Union played a big and its attached agencies. Penalty Law. On June 24, 2006, community-based organiza- President Gloria Macapagal tions, the media, lawyers’ Arroyo signed Republic Act groups and other non-govern- 9346 or “An Act Prohibiting the ment organizations beyond the Imposition of Death Penalty in the traditional network of human Philippines”. rights groups. This makes the R.A. 9346 effectively repeals MTB-MRJ the broadest Anti- R.A. 7659 or “An Act to Impose Death Penalty coalition formed, Death Penalty on Certain Heinous with over 150 organizations Crimes, Amending for that Purpose working in the three major the Revised Penal Code, as Amended, island groups in the country. other Special Penal Laws, and for The MTB-MRJ also made its other Purposes”, as well as R.A. presence felt in the international 8177 which mandates that the arena by participating in the 2nd death sentence shall be carried World Congress Against the out through lethal injection. Death Penalty and the Asia The penalty of reclusion Pacific Regional Consultative perpetua or life imprisonment Meeting Against Death Penalty. without parole replaced the Representation was made to death penalty immediately these activities to show the upon the enforcement of R.A. network’s solidarity with the 9346.

Human Rights FORUM 25 According to Amnesty International, the Philippines is the 25th country in the Asia- Pacific region and the 125th nation to end capital punish- ment in law or practice. The repeal of the Death Penalty Law is a victory for the human rights movement and Philippine society. However, there is much that must be done to protect and fulfill the human rights of all Filipinos.

Human Rights Activism and Reforming the Justice System The repeal of the death penalty law is a major step towards the transformation of the retributive criminal justice and prison system into a restorative justice system. There Getting the message across: young children express their anti-death penalty sentiments through art (above); MTB is much that needs to be done to members talk to legislators (below); a women’s performance group (bottom). make our courts more efficient grams and mechanisms for and fair; to make our prisons victims of crimes. places of rehabilitation; and to 5. Address the root causes of ensure that justice prevails over crime. the victims, offender and The journey does not end society. It is not enough that with the repeal of the death the offenders are tried and penalty law. It is but one step in sentenced for their crimes. It is the transformation of the crucial to make certain that the retributive criminal justice victim, offender and society are system in the country towards a processed under a restorative restorative justice system. system to restore the harmony within the community. REFERENCES Restorative justice is a response to crime that focuses Mamamayang Tutol sa Bitay – on restoring the loss suffered by on women in death row titled policies and practices of the Movement for Restorative Justice victims, holding offenders “Invisible Realities, Forgotten criminal justice system to (April 2003). Death Penalty in the Philippines: An Overview, http:// accountable for the harm they Voices: The Women on Death international human rights www.-mrj.com/docus have caused, and building peace Row from a Gender and Rights- standards. within communities. Based Perspective” also high- 2. Re-orient the Philippine Mamamayang Tutol sa Bitay – Restorative justice is a lights the need to transform the Criminal Justice system based Movement for Restorative Justice different way of thinking about justice system from being on human rights principles and (May 2006). The Criminal Justice and responding to crime. It retributive to being integrative, standards. System and the Death Penalty. focuses on repairing the harm healing and restorative (see 3. Improve and enhance Prison Fellowship International. done to victims and reducing related story). correctional mechanisms and Introduction to Restorative Justice, future harm by preventing A National Policy Confe- processes. http://www.restorativejustice.org/ crime. It seeks redress for vic- rence on the Abolition of the 4. Institute support pro- intro. tims, recompense from offen- Death Penalty and the Institu- ders and the reintegration of tionalization of Reforms in the both within the community. It Philippine Criminal Justice is achieved through a coope- System provided an outline on rative effort by communities how to establish a restorative and the government. justice system in the country. This A study on the prospects and outline can be summarized in the perspectives on restorative following policy recommenda- justice in the Philippines is tions approved by all participants being undertaken by the Philip- during the conference. pine Human Rights Information Center to strengthen the Policy Recommendations of advocacy for a restorative justice MTB-MRJ: system. A pioneering research 1. Align national laws,

26 Human Rights FORUM Mothering in the Shadow of Death FTER SPENDING four years and seven months in a provincial jail just outside Metro Manila, Catherine (not her real name) entered the Correctional Institution for Women (CIW) in MandaluyongA City in August 2004. The court had just given her a death sentence. Two weeks after Catherine entered the CIW, the police finally arrested her husband. Since 1999, the police had been in hot pursuit of her husband, a suspected drug pusher. How did this suburban, college-educated woman, a devoted mother of five, of solid middle-class background, end up with a death sentence, when it was her husband that the authorities were really after? Wanting to escape from a her uncle. Marie became lecherous stepfather, “Marie” pregnant, and at 16, she became went to live with her aunt. a single mother. When she had Once, while her aunt was away, saved enough for her fare, her aunt’s husband raped her. Marie fled from her aunt’s She was raped several times by house and went back to live

Human Rights FORUM 27 Wasted lives: death row inmates at the Correctional Institution for Women (CIW) during the book launching. CIW with her mother and stepfather, stories of domestic violence and their incarceration, and describe women inmates. who arranged her marriage to abuse, of extreme hardships the impact of their death row At the start of the study in a man ten years older than her. endured in silence, of childhood status on their self-perception July 2004, CIW’s death row What seemed at first to be a traumas that would have and on relations with their housed 28 inmates. Of this, 13 good husband soon turned into crushed even the most significant others. By looking were convicted for kidnapping a monster. He started to have hardened adults. Catherine and at the experiences of death row for ransom; five had drug- extra-marital affairs, coming Marie are two of the real-life women, the research examines related offenses; five were home late and drunk. He protagonists in a book launched the gender dimension of capital sentenced for parricide; three became verbally abusive. by the Philippine Human punishment and prison life in were in death row for murder; Eventually, the verbal abuse Rights Information Center general. However, the study and two were convicted for progressed into physical abuse. (PhilRights) and Women’s does not delve into the legal arson with homicide. The One day, he beat her so badly Education, Development debates on the death penalty. Supreme Court had already she had a miscarriage. It was Productivity and Research Neither does it tackle the legal affirmed the sentences of five her sixth pregnancy. Barely a Organization (WEDPRO). issues of the women’s cases. women, all of which involved month later, when she had not Titled “Invisible Realities, kidnapping. The 23 other cases yet fully recovered from the Forgotten Voices: The Women Pioneering effort had ongoing appeals. Two miscarriage, her husband came on Death Row from a Gender The study breaks new more women, one convicted for home drunk as usual. He and Rights-Based Perspective”, research ground on crime and kidnapping and another for a wanted to have sex with her. the book is based on research the justice system in the drug-related offense, were When she refused, he started conducted by WEDPRO and Philippines. Prior to this, there added to the death row punching and kicking her. PhilRights in late 2004 and 2005 had been no research on the population in 2004. Of this Marie grabbed hold of a pipe, among death row inmates at justice and penal systems that total, 12 women agreed to struck at her husband and ran the CIW. PhilRights and surfaces the distinct experiences participate in the survey. Four out of the house screaming for WEDPRO launched the book in of women in prison and tries to inmates later consented to take help. The policeman who time for the celebration of understand their circumstances part in the case studies, each accompanied her back home Mother’s Day to call attention from a gender and rights-based representing one case for the found her husband dead. to the women and mothers approach. Also, previous following crimes: murder, whose daily lives are marked studies on capital punishment parricide, drug-related offense, Mother’s Day Reminder with death. may have included women in and kidnapping. Catherine and Marie are The research, combining their samples, but due to the just two of the 31 women in the documentary analysis, survey very small female ratio in the No criminal records death row facilities of the CIW and case study methods, aims death row population, these The study found out that (right before the Death Penalty to present a general profile of studies tend to obscure the most of the women in death row Law was repealed on June 24, women on death row, describe distinctive characteristics and come from poor families, with 2006). Theirs are harrowing the circumstances that led to experiences that are unique to markedly low educational

28 Human Rights FORUM attainment. The study reports of them are in their 30s. the respondents have five to six children regularly visited her, that “the women had barely A significant number of children. One has two children. wrote letters and sent her understood how the legal these women were gainfully Five of these women have money. Since her transfer to system works despite the legal employed immediately prior dependent children aged the CIW, her children had not counsel available to them.” For to their arrest, although in below 18 years old. In addition visited nor communicated with one inmate, the legal procee- marginal, low-paying jobs. to this, two women have her. dings were all a blur because They were supporting their children who are still studying Two of the ten mothers she did not understand what parents and siblings, or their in college, while one is a mother surveyed also face possible loss was going on. She did not own families. Ten of them of a mentally challenged son of legal custody over their understand the briefings her worked as househelpers, nine who is already in his 20s. children. For one of the lawyer gave her. Another were self-employed (vending Two of the respondents are mothers, custody over her inmate was not informed by her and buy-and-sell business), and single and do not have children. children is already being lawyer that she was well the rest were farm laborers (2), Despite their incarceration, litigated. qualified to be a state witness, factory workers (2), and a women on death row continue which would have reduced her waitress. Three were engaged their roles as mothers to their Separation from loved ones sentence; instead, she was in unpaid work as housewives, children. For these women, The imprisonment of simply told to cry in court so and one was a student. seeing their children regularly women has severely affected that the judge would take pity and ensuring their welfare their relationships. Because of on her. History of violence and abuse remain as their primary their incarceration, the women The researchers found it A critical finding of the concern. They continue to could not see their loved ones disturbing that all of the women study was the history of provide not only emotional as often as they would like to, who have been given the death violence and abuse which these support to their children, but and when they do, it was only sentence had no criminal inmates suffered during their even financial support as well. for a brief period. Nine women records prior to their childhood as well as in their For example, one of the four who had been previously conviction. This means that domestic relationships. Of the participants in the case study imprisoned in provincial jails these women facing capital 12 inmates who participated in takes on odd jobs within the stated that the number of visits punishment are not habitual or the in-depth interviews, six CIW so she could send some from family members was also hardened offenders. cited child abuse as the reason money to her daughter who is affected by their transfer to the for their estranged relationship in high school. Her dream is to CIW. Most of the inmates’ Lives on hold with some or all of their family send her daughter to college, families, especially those from As of November 2004, the members. These women and being on death row does the provinces far from Metro women had each been in the reported experiencing various not deter her from pursuing Manila, do not have time nor death row from six months to forms of physical, emotional this. money to visit. The families of six years and eight months. The and sexual abuse at the hands Children of death row some inmates, however, would sentence of one of the two of one or both parents, mothers had to be given to rather forget about their loved longest-serving death row stepparents and other members various people or relatives. ones inside the death row. The inmates had her sentence of their extended family. Four out of the ten mothers mother of one inmate, for affirmed only in 2004. Of the 10 women who were surveyed stated that some of example, would not visit her All told, most of the women in a domestic relationship, eight their children had to stay with daughter though for a time she (78.6%) have spent more than admitted that they were abused their relatives. In two cases, the was residing in Manila. four years in prison (on death by their respective intimate children’s respective fathers Only four of the 12 inmates row and in jails). Five of them partners. took sole responsibility for the have regular visitors (at least had spent between eight to ten All four women who upbringing of the children. The once a month), which included years behind bars. participated in the case study others left their children in the their children, intimate shared similar backgrounds of care of parents (1) and partners, parents and siblings. Productive years lost sexual violence, which led the husband’s parents (1). Children The remaining eight During the time of the researchers to wonder: “Could of two of the respondents are women have had no visitors in study, the oldest female facing this (sexual violence) be a factor already grown up and no the past four years of their the death penalty was an 84- in the way they led their lives longer need parental support. imprisonment. In one case, no year-old woman who was or made their choices – given Incarceration clearly took a family member has visited the hauled to court when she was the limited choices they had?” toll on their relationship with respondent since her transfer to already aged 80; the youngest their children. Children of CIW, although she was visited was 22 years old, arrested when Mothering behind bars death row women reacted once while in jail. The she was only 17. Under the law, Relationship with their differently to the sentencing of respondent’s family is based in anyone below 18 or above 70 children is a significant aspect their respective mothers, Mindanao and cannot afford the years old at the commission of of the lives of the death row ranging from grief to anger travel to Metro Manila. The the crime cannot be sent to the women. Of the 12 women towards their mothers. All the respondent also decided not to death row. surveyed, nine are biological mothers surveyed decried the write to her family who has yet The majority of the death mothers to their children while fact that they do not see enough to be informed of her conviction row women, however, are one was the primary caregiver of their children. In one case, to the death row, and of the fact usually in the most productive of her partner’s children from visits and communication from that the Supreme Court has years of their lives. Twenty out his first relationship. Six of the the children stopped when the already affirmed her sentence. of 28 belong to the 21 to 40 age women in the survey have three woman received her death Having one’s family living group. Slightly more than half to four children, while three of sentence, whereas before her in Metro Manila does not assure

Human Rights FORUM 29 regular visits, however. One inmate lamented that her children rarely visit her, and on the rare occasion that they did, it was only to persuade her to transfer her house to their name.

Relationships Relationships with their intimate partners also suffer because of their incarceration. Of the 12 inmates surveyed, seven were in an intimate relationship prior to their arrest. Of these, only one maintained her relationship with her partner. The others (4) broke off their relationship, while one maintains communication with her former live-in partner because he happens to have custody of one of her children. There is no information on the status of the PhilRights’ Dr. Nymia Pimentel Simbulan and WEDPRO’s Aida F. Santos distribute copies of the book. CIW relationship of one inmate. Some of the women, and facing the death penalty, Even as the study calls for however, have formed and the constant torment the abolition of capital relationships with fellow brought about by their death punishment, it also urges the inmates. In these relationships, sentences, all these are realities government to reorient the the partners are referred to as that are not taken into account criminal justice system and “kaibigan” (friend). As one by the courts and prison make it more responsive to the inmate explains, “Hindi naman institutions. Under a gender- needs and welfare of women kasi kagaya ng mag-asawa eh. responsive and rights-based inmates, because, as the study Parang companionship lang. legal system, these lived points out, “women inmates Siya ang tumulong sa iyo, umalalay realities should be primary have not relinquished the most sa iyo, nagmalasakit sa iyo.” (It’s considerations in the basic role that society and not like being married to a dispensation of justice and culture has ingrained in them: man. It’s more for punishment. that of being mothers.” companionship. She helps you Aside from advocating for out, supports you, shows a gender and rights-based Postscript compassion for you.) approach to justice, the study On June 24, 2006, President proposes an alternative to the Arroyo signed into law the Abolition INVISIBLE REALITIES, prevailing system of justice. legislative measures that would The study points out that FORGOTTEN VOICES: The study deplores the fact that repeal Republic Acts 7659 and the experiences of the death The women on death row from the existing justice system is 8177, just in time for her row women, before and after a gender and rights-based retributive in nature. The scheduled audience with Pope sentencing, painfully illustrate perspective alternative it offers comes in the Benedict XVI (please see related the flaws and weaknesses of the ...... form of restorative justice, a story on the repeal of the Death country’s judicial and penal Combining quantitative and new approach to crime and Penalty Law). The repeal was systems. The marked degree of qualitative modes of inquiry, penality that is “integrative received with mixed reactions violence and abuse that this study looks into the world and healing,” that sees crime as even from the anti-death characterized most of the of women who have been rooted in political, socio- penalty activists: it stipulated women’s childhood and marked for death. It offers new cultural and economic factors, that death row inmates who married life, the seemingly ways of understanding the in which the pursuit of justice would benefit from the repeal circumstances of women in half-hearted legal defense that is both offender- and victim- would not be eligible for prison, specifically the women they got, the deprivation and centered. Because capital parole. on death row. Its aim is to punishment is the foremost For Catherine and the rest hardships before sentencing derive from the women’s life embodiment of the retributive of the mothers on death row, that are intensified inside stories conceptual handles with nature of criminal justice, the prison, the responsibilities that which to interrogate the flaws their dreams of rebuilding their these women are still expected in the country’s justice and study strongly suggests that its lives with their children had to perform for their families penal systems. abolition is crucial to the just been dashed to the ground. (especially their children) even ...... creation and mainstreaming of – jmvillero when they are already in prison a restorative justice system.

30 Human Rights FORUM Reflections on Restorative Justice in the Philippines n By SABHA MACMANUS AND SOPHIE C. MILLNER*

HE JUSTICE system in the Philippines is contradictory. In some areas it is progressive and idealistic, in others outmoded and ineffective. Either way, problems with implementation are paramount;T the theory of the laws often extends beyond their practical reach. Whoever the commentator, are not violated. the voice of the Filipino people This poses the question of on the justice system seems what the future holds for justice united. The problems in the Philippines. The system commonly identified are at present recognizes crime as implementation, corruption and the violation of state laws. In miscarriage of justice often the identification of and resulting in the victimization of response to crime, it considers the poor. Adults experiencing only the law broken rather than the justice system from all the individual affected. angles - whether victim, One possible alternative offender, policy maker, worker system is that of Restorative – are all calling for change. Anti- Justice. A way of understanding crime advocate and founder of Restorative Justice is by Citizens Action Against Crime, imagining the justice system in Teresita Baltazar said in a recent terms of a spectrum: placing article entitled ‘Long wait for justice’ that a crack-down on crime was needed; the criminal justice system “needs a major overhaul to make it work.” Inmates in the Correctional Institution for Women (CIW) repeatedly say that whilst the justice system in theory is sound, the implementation as a result of bureaucracy is poor. Despite their differing perspectives, these groups are joined by their common aims. Both aspire for a society in which there is less crime; fewer victims, fewer offenders and fewer miscarriages of justice; where freedom, security and stability are givens and rights High school students’ interpretation of restorative justice. Photos by TRACY P. PABICO

Human Rights FORUM 31 retributive justice at one end, polarised by Restorative Justice at the other. Restorative Justice aims to consider the position of all those affected by a crime – the victim, offender, their families and the community. It focuses on the harm caused by the crime with three stages. Firstly, it encourages the offenders to accept responsibility for what they have done; secondly, it tries to repair the harm done to the victim; and finally, it tries to reduce future harm by preventing crime. Prosecution only proceeds if the offender fails to make sufficient repa- ration. Throughout these stages, the rehabilitation of the offenders and their reinte- gration back into society is a primary concern. This article considers some of the Restorative Justice practices at work in the Philippines and what indivi- duals, at all levels of the system, say about the possibilities for others. Within the Philippines two programs stand out as currently restorative in nature: the recenty-enacted Juvenile Justice and Welfare Act of 2006 (Republic Act 9344) and the Barangay Justice System (Katarungang Pambarangay). Throughout the world, rehabilitation of offenders fundamental to tribal relations To try and understand what Restorative Justice is increasing rather than on their im- today. The Barangay Justice other Restorative Justice in popularity for juveniles. The prisonment. System (BJS) represents a practices could be introduced in UK and the US have joined many However, the bill is ever Restorative Justice practice for the Philippines, we interviewed other countries in introducing contradicted by the practice of adults, which has emerged from individuals at all levels of the practices that focus on the the current system. Ray Dean indigenous practices (bottom- justice system to get an idea of rehabilitation and reintegration Salvosa, Executive Director of up) rather than from govern- what restorative justice meant of juveniles. The new Juvenile The Consuelo Foundation and ment initiatives (top-down). to them, what problems they Justice Law reflects this trend, a key campaigner for the bill The BJS aims to address conflict perceived in the system at forging its path as a leader of remarks that it took them eight in communities through present and what changes they alternative practices world- years to get the bill passed but mediation. It only comes into would make for the future. All wide and providing an excellent that it will probably take the play when the maximum of those interviewed had their model for other countries. The same again before it is properly penalty for the crime committed own ideas about what law raises the age of criminal implemented. Aside from this, is less than one year or the fine restorative justice is but the responsibility, prevents the the theory is at least there, and less than P5000. Although it has common thread was the idea detention of minors and the groundwork for a campaign been successful in reducing court that Restorative Justice meant introduces programmes such as set. In a recent article ‘Juvenile backlog (by up to one half in restoring something which had mediation, conflict resolution, Justice’ in The Philippine Daily some areas) the BJS still faces been lost. reparation, anger management Inquirer, Michael L. Tan problems. The limits of the In the Correctional Institu- and counselling for offenders welcomed the bill but asked, crimes that it can consider, the tion for Women this entails under 15 years. Underlying “What about the adults?” possibilities for corruption, bias restoring to the women the these changes is a theory of Restorative Justice has a and a lack of understanding of opportunity to change, to have Restorative Justice. It presents long tradition within indige- how the system can work, often a second chance, by focusing on a vision for a future where the nous communities. Practices prevent the system from rehabilitation. However, Atty. emphasis is on the such as peace pacts are still reaching its full potential. Rachel Ruelo, Superintendent of

32 Human Rights FORUM Photos by TRACY P. PABICO

the value she places on the lives Whilst community reinte- of the women in her institution, Restorative gration is being increasingly giving the offender the space to incorporated into the working change, to try to repair what has Justice will of the CIW, little contact has gone wrong; to rehabilitate. “always be a occurred between the victim To Robert Arcinas Venera- and the offender. The link in cion, Security Officer I at the work in this chain is left unrepaired. CIW, his commitment to Why? The welfare of the inmates rehabilitation was also clear. progress”, is the priority of the staff at CIW CIW looks beyond her work, to ‘We have no bad people, only and they fear a meeting the bigger picture. For Atty. misguided people’, he said, evolving with a between such parties would put Ruelo, justice is not an issue that concluding that ‘everybody the inmates at risk. becomes relevant only when an deserves a fresh start.’ changing society And for the inmates them- individual is faced with the law As was suggested by one of ...... selves? Has their experience of but is a principle that should be the inmates, he sees CIW as a justice been restorative? “Now inherent in society. Justice and half-way house where inmates integration we must arm them. I’m here I want to be a better injustice both manifest in terms can be rehabilitated. However, It is like going into battle’. person”, to be able to feel that of the life opportunities offered he says that the stigma of the “To mend the brokenness of “even though I am here I am not or denied by society: “From the prison makes reintegration prison, the emptiness” is how an outcast in society”. “Every- kind of house you live, the kind difficult. He suggests that a one inmate at CIW defined body deserves a second chance of food you eat, the kinds of ‘work program’, where of- Restorative Justice. The women in life. If God can forgive why clothes you wear, the places you fenders are employed at inmates at CIW spoke with a can’t we?” go, how you are treated by local minimum wage to improve the deep reflection and insight But what has been lost is the authorities, what kind of country’s infrastructure, would about their understanding of opportunity to parent their hospital you are admitted, to enable inmates to return to their Restorative Justice. Acknow- children, to serve society with the kind of cemetery you are communities without the ledging the damage caused by their professional skills, to buried.” To Atty. Ruelo, discrimination that comes from their actions, they felt willing sustain family bonds, to earn Restorative Justice is about society’s perception of them as to repair what they could for the money for their family. These giving back what has been criminals. He identifies that victim; and many had actively things will have to be repaired denied; about recognising the inmates must learn ‘marketable tried. They were willing to when they are faced with impact of basic needs of all in skills’ to prevent a relapse to the participate in a form of media- release. society in order to “change the reasons why they committed tion facilitated by a third party, Consensus amongst CIW plight of the poor.” the crime in the first place. He but felt sceptical that the victim inmates was that five years in This philosophy is visible in remarks that ‘as part of would agree. the correctional is enough for

Human Rights FORUM 33 punishment; after that the process becomes dehabilitating: ‘anger sets in and you start to loose your sense of self’ one inmate said. It was commonly agreed that despite the pro- grams going on in the prison, more rehabilitation is needed. Several inmates called for proper livelihood programs where they could earn mini- mum wage, others called for proper counselling to provide social and psychological cleansing. It seemed that many women lacked emotional nurturing and one inmate suggested that the only place to find this within the prison was to turn to the church. Most of the women that we spoke to said that they understood each other better this way. One inmate had a well thought out alternative to the prison system as it stands. Although she said that she was unaware of restorative justice, she advocated a ‘community in which offenders can be properly rehabilitated; ‘to make us a Photo by TRACY P. PABICO better person’. (Although this problems with the justice system Justice represents an ideal, but the antagonism between the is exactly what CIW strives to – corruption, implementation an ideal that society should rational and the emotional, be, it shows that the inmates feel and miscarriages of justice – nevertheless strive towards. confessing “that’s the that more is needed.) Despite must be dealt with as urgently Restorative Justice will “always contradiction in my life”. the focus on rehabilitation, this as any restorative reform of the be a work in progress”, Nonetheless, he affirms “I really inmate acknowledged that punitive system. evolving with a changing believe in Restorative Justice”. poverty was still a key cause of Resonating with Atty. society but what remains The cycle of Restorative crime. She added that ‘unless Ruelo’s statement that “the fundamental is the “balancing Justice considers the causes and the economic crisis is taken care underprivileged are denied act” between providing and consequences of crime. It aims of decently and honestly the justice. The poor, the oppressed, protecting the needs of the three to address the needs of all commission of crimes won’t the illiterate – most of them are agents to Restorative Justice: the parties equally and emphasizes lessen.’ This further suggests denied justice”, the head of the victim, the offender and society. the value of all in society to that although restorative justice Public Attorney’s Office, Atty. Salvosa stands at the interface participate in the restorative practices are needed, this change Persida Acosta, also stated that between the sectors and his process. Restorative Justice is must go hand in hand with her priority now was to fight insight into the justice system founded on the principle of programs to alleviate poverty for the innocent ones. She has grown out of both balancing and representing the as a significant cause of crime. appeals for the restoration of professional and personal needs of the victim, the offender Furthermore, we were freedom for those who have experience. In his role with the and society. To function struck by the number of inmates been denied it. Those who are The Consuelo Foundation he effectively, Restorative Justice who either professed their own “there due to poverty, has been at the forefront of must therefore listen to the innocence or who freely circumstances, and lack of good developing Juvenile Restorative diversity of the voices and acknowledged that a fair lawyers”. Who else would be Justice system; working to acknowledge the words spoken percentage of inmates they fighting for them?, she asks. understand the causes of crime, from experience. knew were innocent. From this Atty. Acosta identifies that there recognising the efficacy of the question must be posed: needs to be an equal voice rehabilitation programmes and *Sabha MacManus and Sophie what is the place for restorative between the prosecution and the gaining an empathy and C. Millner are in the Philippines justice in a system where those defence; an equal voice between understanding of the offender. under the internship program of being rehabilitated may not the law enforcers and the Yet in his personal life he has the Centre for Capital need rehabilitation in the first defence that protect human struggled with the loss of his Punishment Studies based at the place, and yet those who need rights, and that there should be brother as a victim of crime and University of Westminster, rehabilitation are escaping the a balance between all opposing this pain has raised questions London. They are working on a system? Again we arrive at the sectors.’ and conflicts. Salvosa paper on restorative justice in conclusion that the wider In Salvosa’s eyes Restorative acknowledges the existence of the Philippines.

34 Human Rights FORUM IS THERE A GLIMMER OF HOPE FOR PHILIPPINE n By CAROLIZA TULOD-PETEROS

T’S THE perpetual June refrain: images and stories about the sorry state of Philippine EDUCATION? education. As depressing as the rains and the accompanying floods that mark the coming of June are the litanies of woe: overcrowded classrooms;I lack of teachers, seats and textbooks; dilapidated schools, or in worst cases, makeshift classrooms under trees, bleachers or other open spaces. Splashed on television What else is new in this grim screens or newspapers are faces picture? of underpaid and overworked Of recent concern is the teachers, dutifully reporting for declining performance of work and welcoming their students especially in Math and students – some 50 per class for Science tests as revealed in the the lucky ones, as many as 123 results of the international for the hapless others; of Trends in Math and Science Photo by PEPITO D. FRIAS organized students holding Study (TIMSS) administered by According to Professor could lose our edge for the street protests against tuition the National Center for Michael Tan, the tests are overseas labor market, even as fee hikes and budget cuts in Education Statistics (NCES) designed to probe the “PSI” or we stagnate with domestic public education; of tables and under the US Department of the Problem Solving and development because the next graphs showing increasing Education. Inquiry Tasks of students, that generation won’t be able to drop-out rates of students from Here are some of the test is, how students are able to tackle simple problems that elementary to college and the results for eighth graders integrate information in various require literacy in math and exodus of students from private (equivalent to second year high math and science fields. “The science,” Professor Tan said. to public schools due to the high school in our system): TIMSS results warn us that we Former Education Under- costs of private education. secretary Juan Miguel Luz Subject Filipino Students International Average registered a similar concern when he said that “we as a Math 35% 44% country cannot allow this to Algebra 23% 45% continue if we are to build a foundation for development, Earth Science 38% 62% growth and equity to deal with Chemistry 5% 46%

Photo by TRACY P. PABICO

Human Rights FORUM 35 our many problems that range The recent announcement of the are not science majors? classroom ratio. However, to from eradicating poverty to US that it needs 200,000 teachers Teachers tend to spend more address the real classroom being internationally com- annually certainly bodes ill for time doing unnecessary exams shortage of 74,115, an estimated petitive”. our education system. and tasks, losing precious hours P29 billion would be needed, Given the dismal budget in which could have been spent on assuming each classroom The challenge is tough education, with only P102.63 in-depth lectures or problem- would cost P400,000. The best and the brightest of billion or 11.30 percent solving exercises according to a Another strategy adopted by our math and science teachers allocation from last year’s study by the Department of government to address have left the country for the US, national budget, is there hope Education. This is not classroom shortage is “double with its attractive compensation that teachers will get their much surprising because data from shifting,” where a classroom is package including relocation of deserved pay increase (the last DepEd shows that only 42 used twice a day. In some the whole family. Indeed, who one was in 2000 yet), if only to percent of those teaching overly-populated schools, will not jump at this motivate them to keep their General Science are science classrooms are used in three opportunity not only to earn posts and help educate our majors; 44 percent in Biology, shifts. Through this, the dollars but also to relocate to growing up population? 34 percent in Chemistry and 27 classroom-to-student ratio what is ordinarily believed to Another factor is the lack of percent in Physics. became twice the ideal number be “the land of milk and honey”? competencies of recently of students per class. This was A look at the applicants in the graduated teachers. In the 2003 Is there a glimmer of hope? adopted as an “interim strategy” recruitment agencies is very Licensure Exams for Teachers, under Secretary Edilberto de telling: even those already only 26% of the 100,000 Government response Jesus. While this strategy holding administrative examinees for both elementary On the issue of classroom effectively hides the appalling positions (such as principals and and secondary education shortage, Senate and Congress classroom shortage figures, it supervisors) are lining up for passed. If would-be teachers are reached a consensus to increase comes at the price of decreased classroom jobs in the US. The flunking the tests, it is no DepEd’s budget for 2006-2007 by instruction hours and number of teachers leaving wonder that the students are also P2 billion for school buildings. inconvenient teaching and their posts for greener pastures not making the grade in Lack of classrooms was learning hours (imagine taking abroad has risen five times from international-standard exams. highlighted when President an algebra quiz at 5 in the 1992-2002. From 2002-2005, a The role of teachers is the Gloria Macapagal-Arroyo morning, or a physical total of 2,705 Filipino teachers “single most influential factor” scolded Acting DepEd Secretary education class at 12 noon). were admitted to the US. Fifty behind a student’s performance, Fe Hidalgo for admitting Expanding the Government more were employed by Japan. a world bank study emphasized. a backlog of 6,832 Assistance to Students and And it is projected to But what can one expect of classrooms on a Teachers in Private continue. the quality of instruction when 45:1 pupil - Education (GASTPE) is teachers tasked to handle a another remedy. The science class for fund, managed by the example, Fund for Assistance to Private Education (FAPE), is an annual subsidy to private high schools. It enables students from lower income families

Photo by TRACY P. PABICO

36 Human Rights FORUM with an annual income of less than P72,000 to enroll in private schools. DepEd thinks this is less costly compared to building classrooms and hiring more teachers. Only P200,000 is spent for a class of 50 under GASTPE while P625,000 is needed to build a new classroom for 50 students, hire new teachers, and procure furniture and books. But there is a limit to the number of students that the private schools can accommodate. Eventually, the problem of lack of public classrooms would have to be faced, and solved. To prevent state universities and colleges from raising tuition, President Arroyo ordered the Budget Department to release P285 million as a “tuition support fund”.

Initiatives from the private sector and citizens In Dumingag, Zamboanga del Sur, the Parents and Teachers On cold hard floors (previous page) or rickety benches (this page), young Filipinos toil over their education. Association (PTA) of its National Photo by PEPITO D. FRIAS High School contributed money to pay for salaries of teachers as Lucio Tan that produced SOURCES: well as classroom renovation. The number of instructional materials for They will also raise funds to pay teachers. The Worldwide Burgonio, TJ. Congress adds P4B teachers leaving to budget of DepEd. Philippine Daily for the construction of nipa huts People Power Foundation has Inquirer, June 5, 2006; p. A23. as temporary classrooms while their posts for also a masterpiece program the DepEd makes good its called “Mentoring the Mentors”, Contreras, Volt. Teachers may be promise to build two more greener pastures with modules to upgrade the RP education’s weak link. Philippine classrooms this year. At a skills of classroom teachers as Daily Inquirer, June 5, 2006; p. A22. glance, such community abroad has risen well as boost their morale. initiative may seem laudable. It There are other initiatives Del Mundo, Fernando. Learning test scores below world is a testament to the on the ground like those five times from average. I Team Report, Philippine determination of parents who addressing the educational Daily Inquirer. June 5, 2006; p. want to see their children get an 1992-2002. needs of indigenous peoples and A22. education. However, such ...... other sectors initiated by initiatives are also glaring different non-government Editorial. School blues. Manila manifestations of the Up Internet Literacy and Access organizations. But citizen’s Standard, June 5, 2006; p. 6. government’s inability to for Students) project, a P1.5 initiatives and private sector Luz, Juan Miguel. Playing with shortage. Philippine Daily Inquirer, provide education for its young billion fund that seeks to support strewn here and there June 5, 2006; p.A15. population, not to mention the connect 5,500 schools nation- can only shore up a collapsing fact that it increases the burden wide to the Internet, is now education sector in the short- Osorio, Estelle Ople. When our on low-income parents. assisting 780 schools nation- term. teachers say goodbye. Philippine The Federation of Filipino wide. Most of the beneficiary Ultimately, the respon- Daily Inquirer, June 4, 2006. Chinese Chambers of schools are in Mindanao. sibility lies in government. Commerce and Industry, Inc. Schools that have mediocre Education is a right, and the Philippine Human Rights Information Center (PhilRights). (PCCCII), the biggest and library materials stand to government has the obligation Education: Still a non-priority. In longest-running private donor benefit from this project, as the to fulfill that right. The people Focus; pp. 13-18. of classrooms (it claims to have beneficiary schools will be must continue to creatively and donated a total of 3,200 two- connected to a virtual library. consistently undertake pro- Sarcauga, Michael. School room schoolhouses since 1960), There’s also the Foundation active actions to put government copes with clasroom shortage. promised to make sure that for the Upgrading of Teachers on its heels to address this Philippine Daily Inquirer, June 18, Divisoria sells cheapest (FUSE) established by Sen. alarming state of the education, 2006; p. A21. notebooks at P8.50 each. Edgardo Angara, former if we want to move forward and Solmerin, Florante S. Ranks of Ayala Foundation, with its Agriculture Secretary Salvador entrust the fate of our nation to college dropouts swelling. Today, “Gilas” (acronym for Gearing Escudero and businessman ably-educated young people. June 19, 2006; p. A4.

Human Rights FORUM 37 AMUSED TO DEATH: The Perils of Peddling Noontime Dreams N HIS [belated] critique of the television industry, American media scholar Neil Postman called attention to the pernicious effects of TV on the public mind. His 1985 book, “Amusing Ourselves to Death: Public Discourse in the Age ofI Show Business,” describes the dangers of a TV- saturated world, where even politics and governance, religion, education and public information – public affairs in general – are reduced to the idiocy of show business. Specifically, he lamented the loss of rationality and the trampling of reason because the television – that pervasive purveyor of entertainment (or what passes off as entertainment) and fondly called the idiot box, and not for whimsical reasons – has already taken over the governance of day-to-day life. Postman was of course morning, tens of thousands of aiming for hyperbole when he people were already massed up titled his book on TV “Amusing outside the gates of the Ourselves to Death.” He had no Philsports Arena (also called way of knowing that more than ULTRA) in City. two decades after publishing his Louie Montalbo, a professor Stating the obvious: activists remind president Arroyo the real cause of the book, in a poorer part of globe, at the Ateneo Graduate School Ultra stampede (this & next page). Photos by AKBAYAN some 71 Filipinos would of Business, lives right across the people were already beginning midnight of Friday (February 3), actually die – trampled to death ULTRA gate. He saw how the to mass up outside the gates he noted that “the lines that – while trying to get into a TV crowd swelled up over the days. (Other reports say that the were formed during the past show. He did not foresee that He recalls that as early as waiting outside the gates started days began to spill over the people could actually die Wednesday night (February 1), on January 30, Monday). By roads such that those entering because of a TV program the village where I lived could because there was no way that not bring in their vehicles and he could have imagined the were forced to walk.” He misery and desperation of a “assessed that unless something population that would cling to is done[…], people will get television for their hope and hurt.” daily survival. Montalbo also recalls that a What is now remembered as friend of his “who first saw the the ULTRA tragedy, that Feb- crowd thought that they were ruary 4, 2006 morning, would victims of a fire. They looked perhaps go down as the worst that desolate, that desperate.” instance of TV entertainment That “desolate and des- gone wrong. perate” swarm of “old women, children, mothers carrying A tragedy lurking in the corner babies” who slept on sidewalks, As some observers noted, it braved the cold nights, with was a tragedy waiting to little food, and meager toilet happen. For four or five days facilities, as Montalbo describes before that grisly Saturday them, were waiting to be

38 Human Rights FORUM allowed inside the stadium for More remarkable was the the February 4, 2006 livecast of public reaction. Unfettered by ABS-CBN’s noon-time show any corporate or political Wowowee. They had been lured interests, public reaction went there by the promises of big right to the heart of the matter, prizes. It was to be the show’s and perceived with unerring first anniversary, and by way of clarity the true cause of the hoopla, it promised its audience tragedy. In jeepneys and street- a P1-million cash prize and corners, in the “text” messages other give-aways including two that circulated and the blogs that house-and-lots, 15 passenger were posted, critical minds jeepneys, two taxicabs with accurately identified the real franchises, and 20 tricycles. Not tragedy, the bigger tragedy in only that, the show also which the carnage at ULTRA is promised that “early birds” will but one in a chain of daily have raffle tickets to “door tragedies: the extreme poverty, prizes” of as much as P20,000.00. desperation and hopelessness of Altogether, some P4 million in the majority of the Filipinos. prizes were to be generously The sight of so many bodies doled out that day. even possible to lift an arm to Responses lined up in the streets and take a sip of bottled water, As fatalities started piling up sidewalk “like fish in the ‘Walang uuwi ng luhaan’ according to accounts. Most of in morgues and the wounded market” painfully made people No wonder thousands of those in the crowd had been reached the hospitals, local and realize the extent of desperation people – almost all of them from camped out for days in the national authorities, along with of countless Filipinos who the impoverished communities streets, without adequate food, the TV network, each responded would cling even to the entice- within and near Metro Manila – exposed to the elements. in character. ments of a . To flocked to the venue, with Hungry, sleepless and tired, ABS-CBN, the producer of a lot of people, what happened dreams of having a crack at the each one was understandably Wowowee, promised to at ULTRA proved how inutile show’s largesse. And no wonder anxious to pass through the gate. shoulder the funeral expenses of the government’s poverty each one of those who staked What happened at around the victims and the medical alleviation agenda really was. out their respective places for 6:30 at the stadium gate need not treatment of those injured, even Out of the horrified reaction several days and nights outside be described anymore. as network management denied came a cackle of calls for poverty the ULTRA wanted to be among The early morning stam- that lack of security personnel reduction programs, specifi- the first to enter the stadium. pede would leave 71 fatalities at the venue caused the cally the creation of more jobs. The program host, Willie (according to the National stampede. It likewise made the public Revillame, had reportedly Bureau of Investigation report), But it was only by noontime realize the extent to which drummed up interest in the either crushed against a closed that the cancellation of the anni- television programs have anniversary show by promising steel gate at the bottom of a slope versary extravaganza would be degenerated, in which the prizes galore, with the leading towards the stadium, or announced. viewing audience has simply guarantee that “Dito walang trampled underfoot. Of those President Arroyo for her become commodities in the matatalo, laging may pera” who died, 68 were women (one part ordered a speedy investi- ratings war and the mad (literally, ‘here [in Wowowee] of them pregnant). The youngest gation of the tragedy. She scramble for commercial no one goes bust, there is always fatality was four years old; the required the investigation task sponsorship. Hopes were even money’) “ and that “Walang uuwi oldest, 81. The majority of those force, headed by Marius Cor- voiced that the network gods ng luhaan” (literally, ‘no one will who were crushed and clomped puz, Interior and Local Govern- would reassess and initiate go home in tears’). Like a super- to death were over the age of ment undersecretary for public changes in their programming, benevolent philanthropist 50. safety, to submit its report in the light of the tragic outcome speaking to a bunch of orphans, Over 600 others would suffer within 72 hours. The president of the anniversary hoopla. he further described the injuries. assured the victims’ relatives Such realizations are of upcoming ULTRA show as According to official reports, that “the ends of criminal and course dangerous. The Arroyo “parang Pasko” (‘just like the stampede was triggered by social justice will be served and administration hastily dismis- Christmas’) whether one is an announcement by the those responsible will be taken sed the attempts to hold the inside or outside the venue. organizers that only the first few account for their negligence or government accountable for any By Saturday morning, there hundreds to enter the venue misdeeds.” Later on, in an poverty-induced tragedy. A was an estimated mass of more would get tickets, which in turn interview over dzRH radio, she chorus of similar avowals also than 30,000 people waiting would entitle the holder to would point out that the stam- came from administration- outside the two gates (other participate in the contests that pede showed the organizer’s allied politicians, who asked estimates put the mammoth would pick out the winners of “inadequacy and negligence”. Arroyo critics not to the use the crowd at 50,000). But the the promised prizes. Politicians were also quick government as a scapegoat for stadium could only accom- On that day, and the to contribute to the din of the stampede, or to use the modate about half of that succeeding days after, the entire reactions. Senator Miriam tragedy as a staging-point from number. Outside the gates, nation watched in horror at the Santiago, for example, called for which to pounce on the Arroyo people were wedged hard pictures and footage of the a Senate inquiry “in aid of administration. against each other that it was not tragedy. legislation.” The giant TV network,

Human Rights FORUM 39 caught in a PR nightmare, could official, told the media that only reiterate its avowed noble “Because most of the victims are objective. Host Revillame assu- marginalized, they would be red the public that they “just more than willing to talk things wanted to help and entertain” out with ABS-CBN to get the poor, and that they did not financial assistance instead of expect anything like it to spending more money to attend happen. Media reports descri- hearings at the DOJ.” bed Revillame as “tearful” when he said these. After the weeping More than five months have After the mad rush already passed after that By Tuesday, February 7, the stampede. It is perhaps time Ultra task force submitted its enough to ask: what has report to the Department of happened since then? What did Justice. The task force essentially we gain from all those howls of held the TV network responsible outrage? What happened to the for the tragedy, pointing out the righteous indignation and the lack of contingency plans for an cries for justice, for serious event where tens of thousands action to end mass poverty and are expected. According to the Photo by AKBAYAN for an end to exploitative, fact-finding team, the absence of security plan before issuing a settlement with the victims. demeaning and dehumanizing such a plan “borders on irres- permit. The NBI however The authorities had reason to TV shows? ponsible and incompetent absolved the Metro Manila be jittery. Even as the tele-vision By March, Wowowee was management…at best, to crimi- Development Authority and the network was drowned to the gills back on air. For ABS-CBN and nal negligence and endanger- police, saying the network did in an injuriously-negative PR Revillame must obey that old ment leading to the loss of life not coordinate with the MMDA (and with a damaging lawsuit showbiz dictum: the show must at worst.” and that what happened was not hanging over it), it was also go on. Even if it be on the graves In a statement that would be a breakdown in peace and order industriously cultivating the of someone’s grandmother. As quoted again and again by the but “a failure in crowd control stampede victims themselves. network executives explained, media, Undersecretary Corpus, management.” Within a few days of the tragedy, there was “audience demand” the task force head, said that The NBI report, naturally, it put up “71 Dreams Founda- for the re-airing of the show. “The decision of offering so few did not please a number of the tion.” The foundation will A cursory search through tickets to so many people can victims and their families, who “provide long-term aid not just the news archives is very telling. be likened to throwing a piece wanted ABS-CBN chair and CEO to the families of those who died The Wowowee tragedy of meat to a hungry pack of Eugenio Lopez III and Pasig in the stampede but also to other certainly occupied the news in wolves.” police chief Raul Medina named less fortunate people,” according February and March. But by The crowd, according to among the culprits. to Fr. Carmelo Caluag, member April, not much was being said Corpuz, “were exploited, mani- It was on the basis of the of the ABS-CBN board of about it in the national media. pulated and treated like ani- NBI’s report that the DOJ opened directors. Aside from material By June, the stampede had mals” by the event organizers. in late March 2006 its aid and monitoring, the founda- largely faded from the news In its own investigation, preliminary investigation to tion will also continually give pages. Sheila Coronel of the concluded about a month after determine probable cause of support in the form of livelihood Philippine Center for Investi- the stampede, the NBI recom- criminal negligence. and education. Fr. Caluag gative Journalism (PCIJ) knew mended to the Department of The Lopez-owned network empha-sized that it will not be a that this was going to happen. Justice (DOJ) the filing of promptly challenged the DOJ, dole-out. He described the In her blog of February 4, she criminal charges against 17 claiming “institutional bias” on founda-tion’s vision using the describes the predictability of persons. Twelve of them are the part of the latter. In its trite “teaching them to fish” the news cycle on disasters: officers and employees of ABS- petition before the Court of catchphrase. CBN, including host Revillame. Appeals, ABS-CBN claimed that Together with this over- First the story breaks, The other five included ULTRA the DOJ had already “prejudged whelming concern for the followed by heartbreaking officials. the case.” Barely starting on its victims and their families, ABS- scenes from the disaster The NBI report concluded investigation, the DOJ imme- CBN was also busy crafting an zone, an estimate of the that several network executives diately received a restraining out-of-court settlement. It casualty count and then led by Executive Vice President order from the CA. (The order initiated talks with the relatives reports on the Charo Santos-Concio were would stay for more than two of the 71 who perished and 900 government’s and citizens’ liable for “reckless imprudence months. The CA finally decided other victims to settle civil response. The next phase of resulting to (sic) multiple homi- in late May that the DOJ may liabilities. the news cycle will likely cide and multiple injuries.” It continue with its investigation.) If successful, this amicable be the blame-throwing, the also recommended that NBI officials, however, knew settlement could lead to the attack and the defense. administrative charges be filed that the restraining order was dropping of the criminal case After about a week or 10 against Pasig City Mayor just part of the network’s against those identified by the days, the story will likely Vicente Eusebio for his failure strategy “to bide time” while it NBI as liable for the stampede. slide out of top of the to require ABS-CBN to submit a negotiated an amicable Ferdinand Lavin, an NBI newscast and the front

40 Human Rights FORUM HR DiGEST

pages. The media will move on to the next headline-grabber and the Let’s NOT talk about sex tragedy will be recalled maybe a year after, on its teaching the youth about such first anniversary, or will topics because, they said, sex merit a one-liner the next education is the parents’ time a similar event occurs. responsibility. Such is life. Such is news. What is more objectionable to the catholic hierarchy is that the Meanwhile, the derailed sex education program discusses DOJ preliminary investigation artificial contraceptives and condom use, which violates the resumed on June 1. The DOJ catholic church’s “teachings on seems determined to bring it to human sexuality.” a speedy close. The bigger legal In defending the program, battle will follow, when the case acting Secretary Hidalgo stressed reaches the court. ABS-CBN, that the education department “is whose legal team is headed by not tolerating pre-marital sex.” no less than a former DOJ “What we are doing is telling them undersecretary, is only expected the consequences of such acts to throw all its resources, not Photo by PEPITO D. FRIAS and what should be done,” she only its legal arsenal, into its n By CAROLIZA TULOD-PETEROS integrate sex education into said. It’s purpose is to educate defense. existing school subjects would young adults on “their physical, For the stampede victims, it ARELY A week after classes have required teachers to discuss mental and social well-being.” will be a long, long wait for opened, the Education issues like overpopulation, the Cora Echano, Assistant Chief of the Bureau of Secondary justice. BDepartment found itself in dangers of pre-marital sex and Education said that the CBCP in If justice is at all forth- hot waters – not because of the unwanted pregnancy. particular called their attention to coming. perennial problems concerning According to TRIDEV, the classroom shortage and pages 50-57 of the module. This In the meantime, it’s show- lesson guides were developed textbooks, but over a lesson guide through the Youth Educators and is a lesson plan in Science II business as usual. – jmvillero on adolescent reproductive health Advocates for Reproductive Health (Biology). The general objectives perceived by the catholic church (YEAH) project, a participatory include understanding the SOURCES: to be promoting premarital sex. campus and community-based process of human reproduction A population education and the ill-effects of Sexually Coronel, S. Wowowee: A Filipino adolescent endeavor that aims to concept, the lesson guides were make appropriate and friendly Transmitted Infection (STI). It tragedy. http://www.pcij.org/blog/ contains a discussion on the ?p=584 (posted Feb. 4, 2006). produced by the Bureau of sexual and reproductive health Secondary Education and Tridev information and services human reproductive system, a Coronel, S. Wowowee and the women Specialists Foundation, Inc. in accessible. reading on common forms of of 200 P. de la Cruz St. http:// cooperation with the United The project was initially sexually transmitted diseases and pcij.org/i-report/6/wowowee.html. Nations Fund on Population implemented in Parañaque City ways of preventing STIs, stated as Activities and the David & Lucille and Pateros. “ways of promoting safer sex”. http://arabnews.com Packard Foundation. Ms. Echano for her part, being In her foreword to the lesson What’s the fuss, children? one of those involved in the project, http://news.inq7.net/nation/ guides, Acting Education The Catholic Bishops felt that the reaction over the index.php?index=1&story_id=65253 Secretary Fe Hidalgo noted that Conference of the Philippines lesson guides was “very unfair”, “the reproductive health needs of and in fact violated the human http://wowowee.blogspot.com (CBCP), through its Episcopal adolescents as a group have been Commission on Family and Life right of the students to proper largely ignored to date by information. She further said that http://www.abs-cbnnews.com represented by Dr. Angelita reproductive health service Aquirre, Head of Human Life the lesson guides were pilot-tested and the feedback they got from the http://www.inq7.net/ providers.” She argued that International, was disturbed by the specialfeatures/ultrastampede/ “information and services should inclusion of sex education in the students were very positive. The archive.php be made available…to help them high schools. parent-teacher associations of the understand their sexuality and According to Aguirre, “the concerned schools were also http://www.malaya.com.ph protect them from unwanted subject is devoid of full disclosure oriented on the module and they pregnancies, sexually transmitted and truth-telling because it fails found no harm in the material. http://www.manilatimes.net infections and subsequent risk of to inform the students that infertility.” condom does not guarantee 100 So young and so…active http://www.thenewstoday It was on this basis that the percent protection from sexually Yet, with or without proper prototype lesson plans were transmitted diseases.” information and education, the Montalbo, L. (Feb. 8, 2006). The made, integrating population The catholic bishops objected Filipino youth are quite sexually ULTRA stampede – A shameful education concepts in subject to the introduction of sex educa- active. indictment. http://www.ipd.ph/ areas as Health, Araling features/2006/stampede.html tion because, they maintained, this In its latest study on Panlipunan, Technology and would encourage teenagers to adolescent sexuality, the Postman, N. (1985). Amusing Livelihood Education, Science, engage in premarital sex rather University of the Philippines ourselves to death: Public discourse English and Filipino. Called a than remain abstinent. The Population Institute reported that in the age of show business. New “positive step” by the UN Fund for bishops emphasized that the Filipino youth are experiencing York: Penguin Books. Population Activities, the plan to government had no business their first sexual acts as early as

Human Rights FORUM 41 HR DiGEST the elementary years. The study, doses,” thus contributing to a shift Secondary Education to review, conducted in 2002, found out that in norms and values that make refine or tone down the content. premarital sex among adolescents casual sex “more permissible” – sex with multiple partners, and making “increasingly irre- References: unprotected sex, commercial sex levant” the “traditional precon- • Bureau of Secondary and same-sex acts – increased to ditions for sex such as marriage Education, Department of Education, 27% in that year, up from 20% in or true love.” TRIDEV Specialists Foundation, Inc. 1994. No wonder then that the Lesson Guides on Adolescent So even as DepEd is revising median age for sexual experi- Reproductive Health (A Population its sex education program under mentation is getting younger. And Education Concept) • Chan, Cheryl. Perils of the watchful eye of the catholic such experimentations are usually generation sex. http://www.pcij.org/ church, some sectors are anxious risky and unprotected. According i-report/3/generation-sex.html that the implementation of such a to the Population Commission of • http://www.popcom.gov.ph/ program – if ever it gets imple- the Philippines (PopCom), in its sppr/sppr02/pdf/sppr02-whole.pdf mented – might already be too State of the Philippine Population • http://www.unicef.org/ late. Report, 40% of first PMS and 70% philippines/archives/ In a hearing conducted by the of most recent PMS “were without november_04/news/news_5.html Senate committee on health and any means of protection.” Such Photo by PEPITO D. FRIAS • Interview with Cora Echano by demography in June, Catalina reckless experimentation, coupled by 15-24 year olds (21% by women PhilRights. Macaurog, women’s sector with misconceptions and in the 15-19 age group; 53% • Papa, Alcuin. DepEd blinks, representative of the National Anti- incorrect information about STIs, among the 20-24 age group). halts controversial sex module. Poverty Commission, pointed out especially HIV and AIDS, as well There are about 400,000 cases of Philippine Daily Inquirer, June 19, the obvious: that even six-year-old as other high-risk behaviors such illegal abortion every year; and for 2006, p. A10. kids can readily get sex as alcohol and drug use, are every 10 cases of recorded • Pelovello, Roy. Study: Teens information from just about any putting the young population in abortion complications, about 4 becoming sexually active earlier. source such as the tabloids and peril, according to UNICEF. of these involve young women http:// www.manilastandardtoday.com/ cellular phones. The PCIJ report said that aged 15-24. ?page=news05_june30_2006 And not to mention the despite lack of statistics and A sex education program • Smith, Peter. Philippines abundance of graphic information “woeful underreporting,” there is might, after all, be too late by now. scraps sex education in schools after on sex readily available on the reason to worry about STIs among But the powerful catholic Catholic opposition. http:// internet. the youth. hierarchy had already spoken. www.catholicexchange.com/vm/ As the Philippine Center for Aside from STIs, another cause So acting Education Secretary index.asp?vm_id=24&art_id=33455 Investigative Journalism reports, for concern is unplanned Fe Hidalgo had to stop the • Solmerin, Florante S. “today’s youth are exposed to sex pregnancy. About 74% of all distribution of the modules. She Education suspends ‘sex lessons’ in and sexuality earlier and in larger estimated illegitimate births are also instructed the Bureau of schools. Today, June 19, 2006, p. A3. Former DA undersecretary embroiled in fertilizer scam arrested in the US n By CAROLIZA TULOD-PETEROS and 26 town mayors, perceived to Bolante was appointed to his be allies of President Arroyo, post in 2001 after President HE ARREST of Jocelyn “Joc- the Philippine government were shortly before the May presidential Arroyo assumed power. He was joc” Bolante, under- silent about it. His case was heard elections. director-elect of the Rotary Club Tsecretary for finance of the on July 12, but details were not The money was suspected to of Makati where Mike Arroyo is Department of Agriculture and available as it was held in private, have been used to buy votes. This also a member. He also held top accused of plunder in con- as requested by Bolante. was bolstered by the fact that positions in various private and nection with the P728 million Speculations of his desire to some districts who received the government institutions such fertilizer fund scam, was finally seek asylum in the US, or possible fund do not even have farmlands. as Prudential Life Plan and Land executed, not by Philippine meeting with his close friend, First The Commission on Audit also Bank of the Philippines, among authorities, but by US im- Gentleman Mike Arroyo who also confirmed that the fertilizer others. migration officials. arrived in the US via the San purchase was overpriced by at On July 7, 2006, upon his Francisco airport at almost the least P127 million. Former SOURCES: arrival at the Airport same time of his arrival, Solicitor General Frank Chavez from Seoul, Korea, immigration circulated. Questions were also alleged that P142 million of the Enriquez, Aimee R. The Case authorities cancelled his B1-B2 raised on why he was not deported project amount went to the of Joc-joc Bolante, http:// visa and detained him at the San or extradited back to the country pockets of people identified to be www.asianjournal.com/ Pedro Detention Facility, a jail upon his arrest. friends of the First Gentleman. ?c=123&a=14309, July 15, 2006. exlusively used for foreigners Bolante’s problems started On 13 December 2005, 19 who violate immigration laws. when funds to buy farm inputs like senators cited Bolante with Esteves, Patricia. Bolante He was also asked to post fertilizer and pesticides under the contempt for snubbing the Senate ‘hunter’ dismayed. http:// $100,000 bond for his release. Masaganang Ani program were inquiry into the alleged fund scam www.manilatimes.net/national/ Circumstances of his arrest released to 100 of the 236 and signed an order directing the 2006/feb/11/yehey/top_stories/ remain a puzzle, as officials members of the House of Senate sergeant-at-arms to arrest 20060211top2.html, February 1, both of the US immigration and Representatives, 53 governors and detain him. 2006.

42 Human Rights FORUM F A C T S A N D F I G U R E S BASIC EDUCATION INFORMATION TRiViA: SCHOOLS SY 2006-2007 HR Public 41,769 n THE RIGHT WORDS thus affirms the universality of Elementary 37,000 Secondary 4,769 (+700 Annexes) MY OWN sex, I hope, will excuse human rights: that females are just Private 7,989 me, if I treat them like rational the same as males, having the Elementary 4,658 creatures, instead of flattering their same mental capacities and Secondary 3,331 fascinating graces, and viewing therefore the same human rights. them as if they were in a state of She argued that if women are no ENROLMENT different from men, then a socio- perpetual childhood, unable to Elementary 13,318,185 stand alone. I earnestly wish to political system that is based on and perpetuates the dependence Male 6,867,388 point out in what true dignity and Female 6,450,797 human happiness consists. I wish and subjugation of one sex is therefore demeaning to everyone. Secondary 6,775,400 to persuade women to endeavour Male 3,277,847 to acquire strength, both of mind Female 3,497,553 and body, and to convince them n THE RIGHT BOOK that the soft phrases, susceptibility SHORTAGES of heart, delicacy of sentiment, Teachers and refinement of taste, are almost Elementary 4,483 synonymous with epithets of Secondary 6,509 weakness, and that those beings Classrooms 6,000* who are only the objects of pity, Barangays without elementary school 267 and that kind of love which has Municipalities without high school 5 been termed its sister, will soon become objects of contempt. *number of classrooms needed to be built each year by the government in order to close MARY WOLLSTONECRAFT the classroom gap by 2010, according to GMA in March 2006 Introduction to Sources: DepEd Research and Statistics Division “A Vindication of the Rights of Papa Alcuin, “State of RP education: Freebies are not enough”, Philippine Daily Inquirer, Woman” June 4, 2006, pp. A1&A17 n IN THIS QUARTER TUITION FEE INCREASES (2001-2006) Mary Wollstonecraft was born on April 27, 1759. In a very brief but Year Total no. No. of % of total Average Average Tuition fee brilliant literary career most of PHEIs* schools % increase rate/ unit unusual to women of her time, she increasing increase in peso advocated for women’s equality Training on your rights: tuition in tuition equivalent/ and rationality. She vigorously Modules on Monitoring Economic, unit argued against the degradation Social and Cultural Rights (ESCR) 2001-2002 1,175 422 35.91 12.33 33.81 257.41 and subjugation of women 2002-2003 1,271 383 30.13 11.74 34.49 308.50 justified by “the arbitrary power Training on your rights of beauty.” consists of four modules that 2003-2004 1,280 358 28.00 11.00 32.48 323.64 will equip people with the Wollstonecraft’s enduring 2004-2005 1,321 381 28.84 11.37 33.15 334.89 skills to monitor the contribution to the modern-day 2005-2006 1,347 305 22.64 11.58 36.38 350.55 realization or abuse of their human rights and women’s 2006-2007 1,428 390 27.31 9.53 31.04 350.27 movement was her book, “A rights. Also included are Vindication of the Rights of monitoring tools that can be *PHEIs – Private Higher Education Institutions Woman.” The book, written in a used to document the extent of Source: CHED period of six weeks, was first fulfillment of – or deficiency Leal, Zofia. “ Students Suffer from High Tuition Rates, Repression Under GMA,” Bulatlat published in January 1792. in – their ESC rights. Vol. VI No. 24 (23-29 July 2006)

Out of her personal struggles as a woman and a writer, Wollstonecraft articulated the dynamic tensions between political writing and political rights. She argued that both (writing and rights) had been “confined to the male line since Adam downward.” In her writing, which cuts across genres and subject, she constantly challenged “the male birthright.”

In “A Vindication…”, Wollstonecraft points out that there is no difference between the minds of women and the minds of men, while conceding that the two sexes differ in bodies. She

Human Rights FORUM 43 Philippine Human Rights Information Center EASTABLISHED in July 1991 by the Philippine Alliance of Human Rights Advocates (PAHRA), PhilRights seeks to undertake and disseminate human rights information, research, and analyses where and when they are needed.

As a service institution that exists for both PAHRA and the general public, PhilRights aims to:

• Deepen awareness, knowledge, and understanding of PAHRA and the general public about human rights conditions, issues, and mechanisms;

• Work for a dynamic human rights movement that is able to mobilize sectors and groups for timely and effective intervention in the promotion and defense of human rights by making available human rights information and tools in information handling and dissemination;

• Help ensure state compliance with its human rights obligations through active monitoring and engagement;

• Strengthen cooperation and partnership with local and international networks in the conduct of human rights activities through lively exchange and sharing of information; and

• Enhance capability of human rights organizations in the promotion and defense of human rights through education and training on research, advocacy and information handling and dissemination.

ANNOUNCEMENT Since April 2004, the Philippine Human Rights Information Center (PhilRights) has been accepting interns for its Internship Program. The program is open to college students, researchers or professionals who are interested in doing internship work in an NGO like PhilRights. For details, please contact Mr. Pepito D. Frias, PhilRights’ Training Associate at telephone numbers 433-17-14 & 436-5686.

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