Human Rights FORUM 1 A MIS-DEAL IN HONG KONG...... 1 The continuing story of acquiescence and resistance in the WTO SHALL WE DANCE? (Part 2) ...... 2 Arroyo’s cha-cha as a danse macabre Deadly Playgrounds: CHILD SOLDIERING IN THE PHILIPPINES ...... 3 THE DENUDINGOF SAMAR ...... 4 Subic Rape Case: NIGHTMARE ONCE AGAIN BECOMES REAL ...... 5

Karapatan at Kalakalan

ITONG Disyembre ay idinaos ang ang mga magsasaka at mangggagawang ang 6th Ministerial Conference ng World kinikita, kung meron pa, ay unti-unting NTrade Organization (WTO) sa pinaliliit ng hindi patas na kalakalang ito? Hongkong upang pabilisin ang pagbuo ng Sino pa ang bibili ng mga produktong ito ...... mga bagong kasunduan sa lalo pang kung tuluyan nang mamatay ang ating PHILIPPINE HUMAN RIGHTS INFORMATION CENTER pagbubukas at pagtanggal ng mga res- agrikultura at industriya? triksyon sa pandaigdigang kalakalan. Sa klase ng globalisasyong ito, Ang mga panibagong kasunduang ito, malabong magkaroon ng sustenidong pag- Editorial Board tinawag na “Doha Round,” ay kinakai- unlad ang mahihirap na bansa at lalo ring NYMIA PIMENTEL-SIMBULAN DR. P.H. langang mabuo at magkabisa sa pagtatapos hihina ang kanilang kakayahang tugunan SONNY MELENCIO ng taong 2006 dahil kung hindi malalagay at ipagtanggol ang karapatan ng kanilang GINA DELA CRUZ sa alanganin ang buong proseso ng mga nasasakupan. globalisasyong itinutulak ng mayayamang bansa. BERNARDO D. LARIN Sa kasaysayan ng mga negosasyong Editor-in-Chief ginaganap sa ilalim ng WTO, laging matindi ang banggaan ng mga interes ng J.M. VILLERO Managing Editor mga bansa lalo na sa pagitan ng mga mayayaman at mahihirap na bansa. Lalong ARNEL RIVAL maigting ang pagtutol ng iba’t-ibang Art Director organisasyon ng mga sektor sa lipunan. May basehan ang mga akusasyon ng PHILRIGHTS PHOTOGS TEAM mahihirap na bansa at mga ‘civil society Photographer organizations’ na hindi demokratiko ang mga proseso sa loob ng WTO at sa aktwal Contributors ay mga industriyalisadong bansa ang JOSEPH PURUGGANAN nakikinabang sa mga nabubuong J.M. VILLERO kasunduan sa kalakalan. RAMIL ANDAG Isang kongkretong halimbawa nito ay RHODA U. VIAJAR ang pagmamadali ng mayayamang bansa Nakalimutan ng mga bansang VANESSA RETUERMA na ibaba o alisin ang mga taripa sa mga pumaloob sa WTO na sa ilalim ng Universal BERNARDO D. LARIN produkto ngunit nagbabagal naman sila sa Declaration of Human Rights (UDHR) kung pag-alis ng subsidiya sa kanilang ‘exports.’ saan nakapirma rin sila, obligasyon nilang ...... Bukod dito, pinipilit din nila ang maliliit na magtulungan para sa pandaigdigang bansang limitahan ang kani-kanilang paggalang, pagprotekta, at pagsasaka- suporta sa agrikultura. tuparan ng mga karapatang pantao. The Human Rights Forum Sa ganitong kalagayan, luging-lugi ang is published quarterly Hindi naman ito kataka-taka dahil sa by the mga mahihirap na bansa tulad ng Pilipinas kabila ng mga magagandang salita at Philippine Human Rights dahil paano makikipaglaban ang mga lokal layunin ng mga kasunduang pinagtitibay Information Center (PhilRights) na magsasaka at negosyante sa mga ng mga bansa, ang namamayani pa rin sa with office address at ‘imported’ na produktong bukod sa mas kanilang relasyon ay ang motibong kumita 53-B Maliksi St. Barangay mahusay ang kalidad ay madali pang at magkamal ng yaman. Walang puwang Pinyahan, Quezon City makapasok sa ating bansa. sa samahang ito ang sinserong kooperasyon Telefax: 433-1714 Oo nga’t pabor sa mga mamimili ang at pagtutulungan tungo sa mga mithiin ng Tel. No.: 436-5686 pagkakaroon ng mga murang ‘imported’ mga karapatang pantao; kalayaan at E-mail:[email protected] na produkto ngunit sino ba ang karamihan dignidad para sa lahat; at kapayapaan at sa mga mamimiling ito? Hindi ba’t sila rin pagkakaisa ng mga bansa.

2 Human Rights FORUM n By JOSEPH PURUGGANAN1 Outside however, the Focus on the Global South situation was a little more intense. Just a day prior, thousands of protesters marched to the convention center and FTER five days of intense negotiations, Mr. managed to break through the John Tsang, Hong Kong’s Commerce Secretary police barricades. The demons- pounded the gavel in the highly tration turned violent as 2 protesters clashed with the police choreographed final plenary meeting and in one of the most militant A th declared the 6 Ministerial Conference of the World expressions of dissent and Trade Organization (WTO) in Hong Kong closed. The opposition to the WTO. If Ministerial Declaration was approved practically acquiescence was the name of the uncontested, except for the intervention of Mari Pili game inside, outside it was resistance. And by the time Hernandez of Venezuela, who took the floor to reiterate Tsang pounded the gavel to close Venezuela’s reservation on the text. The declaration the ministerial conference, the embodies consensus on a number of critical areas of people’s judgement on the WTO the negotiations and outlines the clear direction or road had already been made as shouts map for the conclusion of the Doha Round by 2006. FOCUS ON GLOBAL SOUTH of “Down, Down WTO” continued to echo in the empty streets of Wan Chai.3 Battle of interpretations Similar to previous WTO A MIS-DEAL ministerial meetings, a battle of IN HONG KONG The continuing story of acquiescence and resistance in the WTO

Anti-WTO protesters stage a die-in to dramatize the devastating effects of the new trade deal. WWW.INFOSHOP.ORG

Human Rights FORUM 3 WWW.INFOSHOP.ORG FOCUS ON GLOBAL SOUTH Fierce opposition to the WTO negotiations from peasant and fisherfolk delegations. interpretations has ensued over was Lamy and his cohorts able down the throats of everybody The negotiations however the outcome of the conference to conjure to forge the consensus else, the Cancun talks collapsed, were quickly put back on track. in Hong Kong. Both proponents behind the Hong Kong text? To effectively sidetracking the A consensus was reached at the and opponents of the WTO have understand the outcome of the Doha negotiations. We saw at General Council Meeting in July come out with their own ac- Hong Kong talks we have to go Cancun the emergence of 2004 over “the July counts and their own scorecards back to what was at stake there various developing country Framework”, which became the on the results of the talks. Was to begin with. groupings that seemed able and basis for continuing nego- it a success or a failure? Was it willing to challenge the agenda tiations. The July Framework a step forward or a setback for Merry new round: From Doha to of the two most powerful mem- was hailed by then US Trade the world’s poor? Hong Kong bers of the WTO – the United Representative Robert Zoellick WTO Director General Four years ago, member States and the European Union. as a road map to prosperity. Pascal Lamy called the meeting countries gave the go-signal to a success. In his own assess- start negotiations for new trade ment, with the gains achieved in agreements that would replace Hong Kong, both in terms of the existing set of agreements what he called the “right collectively called the Uruguay negotiating attitude” among Round Agreements. Because members and the consensus in the mandate to begin nego- some technical areas of the tiations was an outcome of the negotiations, the Doha Round is 4th Ministerial Meeting in Doha, now 60% complete.4 And with Qatar in November 2001, the on- a road map in hand, the going negotiations are referred negotiations now have enough to as the Doha Round. steam to continue on to Geneva The Doha Round is sup- towards the conclusion of the posed to be a development round in 2006 as scheduled. round. It aims to address the In contrast, civil society implementation issues that were groups and social movements raised by poor countries at the around the world are dismayed Seattle Ministerial Meeting in over the outcome of the talks. In 1999 and in the process put their all the critical areas of developmental concerns at the negotiations—agriculture, non- heart of new negotiations. It agricultural market access was this promise of develop- (NAMA), services, and the issue ment that served as the of development, the text locks enticement for the developing in very critical and highly countries, most especially those contentious areas like the coming from Africa, to give ambitious tariff reduction their reluctant nod to the launch formula in NAMA and the of new trade negotiations. plurilateral approach in services The meeting in Cancun in while glossing over the 2003 was supposed to be a divergent views that have stock-taking exercise for the already been expressed by members. It was supposed to countries in the course of the assess how far the Doha negotiations and especially in negotiations have gone. But the last few days of the because it became too obvious Ministerial in Hong Kong. that the trade superpowers So the question is: what wanted to ram their agenda for While representatives of the world’s governments negotiated tariffs and trade rules, happened? What sort of magic faster and deeper liberalization cry: No to WTO (above and below).

4 Human Rights FORUM Developing countries like the 2005. Two successive General Mechanisms9 (SP/SSM), which Philippines joined in the Council Meetings in July and If acquiescence is foremost in the agenda of celebratory chorus. The forging October 2005 however failed to developing countries like the of the consensus over the produce the much sought-after was the name Philippines because of the framework was a testament in consensus on the modalities6. In flexibilities and protection that large part to the negotiating the words of then Director of the game these provisions offer to certain tactics of the US and EU and the General Supachai Panitchpakdi, products, what came out in the co-optation of India and Brazil, the negotiations were “in inside, outside declaration was a note on the the erstwhile leaders of the G20 trouble”. With no consensus on movements on the designation – a grouping of developing even the first approximations on it was and treatment of SPs and countries pushing for the the modalities in sight, the elements of SSM and the elimination of domestic support objective of achieving full recognition of the flexibility for and export subsidies in the modalities at Hong Kong resistance. developing countries to self- North. For all intents and became more and more ...... designate number of tariff lines purposes, the agriculture unlikely. committee level to the under SP. Precise arrangements framework (also referred to as For this reason, the choreography at the final however still need to be further Annex A)5 was a product of expectations for Hong Kong plenary, it was clear that the defined. negotiations among (what came were quickly downplayed. By unspoken marching order was The declaration also sets to be known as) the Five October 2005, that aim was to prevent collapse at all costs. clear timelines already to Interested Parties or the FIPS, reduced to securing an establish modalities by April 30, which include the US, the EU, agreement on at least half of the The deal in HK 2006 and comprehensive draft Australia, India and Brazil. modalities. The clear objective The ‘Hong Kong deal’ is schedules by July 31, 2006. was to prevent the monumental highly reminiscent of the flawed But perhaps what was What was at stake in HK collapse of the ministerial and undemocratic ‘July Frame- central to the deal in agriculture With the revival of the talks reminiscent of Seattle and work’ that put the negotiations was the agreement on an end in July 2004, the Doha Cancun and to keep the back on track in 2004. The date of 2013 for the elimination negotiations seemed poised for momentum going. At stake in Ministerial Declaration, while of export subsidies and completion. Reflecting this level Hong Kong was not only the conveniently vague in most of disciplines on export measures of optimism, then Agriculture future of the Doha Round but the contentious areas, never- like food aid. Committee Chair, Tim Grosser, the very legitimacy of the WTO. theless ensures, through A closer reading of the targeted ‘first approximation’ of From the maneuverings by the carefully crafted language, some outcome in agriculture would modalities in agriculture by Chairs in the negotiations at the space for negotiations to move reveal that the supposed gains forward. On the other hand, the are in fact illusory. As noted by text projects explicit consensus Aileen Kwa of Focus on the already in certain areas like the Global South, “export subsidies formula for tariff reduction and account for only a small part of approaches to the negotiations. the large proportion of EU supports to subsidizing exports. Illusory gains Most fall into the WTO-legal In agriculture, what was “Green Box” which has escaped achieved in Hong Kong was disciplines in the current consensus on the banded or negotiations.10 Furthermore, the tiered approach7 to the re- commitments made by the US duction of tariffs and domestic and the EU to reduce domestic support. The relevant thres- support would actually amount holds however still need to be to very minimal cuts on actual agreed upon. levels of support. In the end, the In the area of Special US and the EU would still be able Products8 and Special Safeguard to maintain their high levels of

representatives of basic organizations negotiated the streets of Hong Kong with one FOCUS ON GLOBAL SOUTH WWW.INFOSHOP.ORG

Human Rights FORUM 5 subsidies of around 90 billion these flexibilities as they relate creation and enhancement of tariff reductions mandated by euros for the EU and around 74 to the principle of special and ‘offensive space’ for exports” is the WTO. While there may have billion dollars for the US.11 differential treatment and less- how Undersecretary Segfredo been a recognition of the right than-full reciprocity in Serrano, our chief agriculture of developing countries to self- Formula for reduction commitments. negotiator, describes the Philip- designate the number of tariff de-industrialization In agriculture, full moda- pine negotiating framework in lines, the actual percentages are In Non-Agricultural Market lities are expected by April 30 the WTO. By policy space, still to be negotiated. Access (NAMA), the major this year, with draft schedules government refers to the The Philippines is working coup was the adoption of the by July 31, 2006. difference between our applied within the range of 10-20% of Swiss Formula (with coef- tariff rate (or the actual duties agricultural tariff lines that ficients) for tariff reduction. The GATS pressure cooker levied on imports) and the could be designated as SP and Swiss Formula12, which was In services, the highly bound rate (which is our it is banking on SP/SSM pushed aggressively by the controversial and contested commitment to the WTO as far provision as the major tool to United States and the EU, is an Annex C has now been re- as tariff ceilings are concerned). protect policy space. But we ambitious formula that calls for cognized as an integral part of Our agricultural tariffs are have seen in the course of the greater cuts for products with the GATS18 negotiations. Annex quite low already. Our average negotiations that the SP higher tariffs. With the adoption C outlines the objectives, bound rate is at 34 - 35% with provision is constantly being of the Swiss formula, the approaches and timelines for the around 90% of these falling watered down. From a very negotiations would now shift GATS negotiations. It mandates between the 0-40% range. Our strong position pushed by G33 towards debate over the higher levels of services applied rates are even lower, for no-tariff reductions to SPs relevant coefficient levels. The liberalization through the averaging only around 10% and even the reinstitution of EU proposes for instance a pursuit of qualitative targets and (87% of which fall within the 0- quantitative restrictions (QRs), coefficient of 15% for benchmarks, as well as the 30% range). there now seems to be an developing countries. The plurilateral request and offers Following the logic of policy acceptance that a certain coefficient also represents the process. space, our agricultural products percentage of products within ceiling for bound tariffs, These so called comple- therefore have on the average a SP would be subjected to less meaning with a coefficient of 15, mentary approaches are 20-25% allowance between than formula tariff cuts. In other no tariffs would be higher than obviously a way to skirt around applied and bound rates. words, SP would no longer be a 15% for industrial and other the flexibilities inherent in the Following the US proposal, complete shield or exemption non-agricultural products. request and offers process and tariff lines falling between 0- from tariff reduction. On the average, the bound a tool to pressure developing 40% would have to be subjected The concessions that were rates for industrial products in countries to commit to deeper to anywhere between 36-50% made in NAMA and services developed countries is lower liberalization and to open up (allowing for 2/3 proportio- also constitute a clear erosion compared to rates in developing more sectors. nality) cuts over a ten-year of policy space. In NAMA for countries. Industrial tariffs in Annex C also sets forth the period. This means that our instance, the Philippines would developed countries range from following timelines: Plurilateral average bound rates would fall be forced to now bind more than 4-5%, while in Latin America it requests by February 28, 2006, a to as low as 17-22% (or a 35-50% 39% of its products that were ranges from 25-50%13. India’s second round of revised offers erosion of policy space). previously outside the ambit of bound rates for non-agricultural by July 31, 2006, and final draft It is for this reason that the the WTO. This would include products for example range schedules of commitments by Philippines has been aggres- 95% of tariff lines for fisheries from a high of 100% (fish and October 31, 2006. sively pushing the agenda of that are still unbound. fishery products) to a low of special products and special Our average bound rate for 22% (for transport equipment). Implications for the safeguards mechanism through non-agricultural products is The average bound rate for Philippines the G3319. By securing a high 26% and our average applied manufactures is at 48.8%, and So what does all this mean enough number of products in rate is 9.5%. The proposals now 34.2% for industrial goods.14 for the Philippines? the SP category, it hopes to on the table are calling for A formula aimed to harmo- “The preservation of the shield these products from the reduction coefficients of nize rates therefore would affect remaining ‘policy space’ and the devastating effects of further anywhere between 15-30 for countries like India and would developing countries. favor countries like the United Computations done by DTI States who are pushing for show that with a coefficient of harmonization, where average 30%, bound rates for non- bound and applied rates are agricultural tariffs would already quite low at 3.9% and approximate but still be slightly 4.3%, respectively15. above our applied rates. Unlike the language on the According to Tariff Commission formula, flexibilities16 for Chairman Edgardo Abon, “at developing countries were not 30% we can maintain most of given equal emphasis and our policy space except for all weight. The text practically but 5% of our products. 20 A ignores the demand made by coefficient lower than 30 developing countries 17 that however would eat into our flexibilities be treated as a applied rates already. stand-alone provision that In our unbound products, should be de-linked from the the only recourse it seems now discussions on the formula. is to push for exemptions. The text presents no details Unfortunately, those ex- yet on flexibilities for deve- emptions contained in loping countries and simply From music to masks: creative expressions of dissent during the Hong Kong Paragraph 8 of the Annex B of reaffirms the importance of Ministerial Conference. WWW.INFOSHOP.ORG the NAMA text remain

6 Human Rights FORUM of an ‘interim deal’ effectively 6 “Modalities” refers to sets the stage for the conclusion methodology and approaches to of the Doha Round negotiations be followed in the by 2006. implementation of new trade For trade campaigners 2006 agreements including the is thus a very crucial year. The formula for tariff and subsidies WTO is aiming for new reduction modalities in agriculture and 7 Tariff reduction percentages NAMA by the end of April, draft would be applied to a given tariff schedules of commitments by range, say 0-20%. July, and the plurilateral 8 The concept of Special Products requests on services by end- (SP), would allow developing February. The negotiations countries to have the guaranteed have now shifted back to Geneva flexibility to designate an at a much faster pace. “appropriate number” of The challenge now for products for less market access groups that are campaigning reduction. The operational against the WTO and the Doha criteria would be based on food Round, like the Stop the New security, livelihood security and Round! Coalition, is how to step rural development. up efforts to block consensus 9 The Special Safeguard over new modalities and Mechanism is a proposal to allow prevent the conclusion of the developing countries to increase Water cannons greet Korean protesters. WWW.INFOSHOP.ORG round by 2006. their protection in times of import bracketed. So far the numbers must not forget that it is your Alongside the efforts to surges or fluctuations in world in brackets are 10% of tariff lines duty to reinforce and empower prevent new trade agreements market prices for less than formula cuts and the weaker economies of the in the WTO, we also have to 10 Deception-Focus Press 5% of tariff lines world. We all came into being heighten the campaign against Statement on the elimination of in this universe as one people.” regional and bilateral trade and export subsidies by 2013, Defensive stand in HK? The unspoken subtext of the investment agreements that pry December 20, 2006 In his speech before the defensive posturing of the our economy open at a much 11 ibid conference, Trade Secretary Philippines is the admission that faster pace. 12 The Swiss Formula is given as: Peter Favila reiterated the something is wrong with our The challenge before us is t1=at0/a + t0; where t1 is the final Philippine position on many of current tariff structure. Our indeed daunting. But the tariff and t0 is the initial tariff the critical areas. In agriculture very low applied rates, a resistance must continue and it and a is the coefficient the emphasis was on special and product of the unilateral must gain strength through 13 DFID Briefing Paper, March differential treatment and the liberalization programs in the collective and well coordinated 2003 importance of SP, which he past, narrow down our options actions in the days and months 14 UNCTAD described as an important considerably. The recalibration to come. Let the militancy and 15 equalizer. In NAMA, Favila of our tariff structure therefore the solidarity among people’s DFID Briefing Paper, March reiterated the foremost im- should be the foremost element movements that we witnessed 2003 portance of Paragraph 8 of the Philippines’ negotiating in Hong Kong last December 16 Flexibilities in NAMA essentially flexibilities and the recognition framework. fuel the campaigns and push refer to either less than formula that this is a stand-alone While Favila’s speech gene- forward the agenda for genuine cuts for some products or provision. The Philippines rally reflected the defensive development. outright exemption from the tariff however conceded to the stand of countries like the reduction formula. adoption of the Swiss Formula Philippines in these nego- (Footnotes) 17 Paper presented by 11 with at least 2 coefficients. In tiations, it was an affirmation countries (South Africa, services, Favila stressed the as well that the Philippines 1 The author is a Research Argentina, Brazil, China, India, Philippines’ opposition to so- continues to have faith in WTO Associate of Focus on the Global Indonesia, Philippines, Egypt, called complementary ap- as an arbiter of trade fairness South and Coordinator of the Venezuela, Namibia, Pakistan) proaches that seek deeper and justice and that the Stop the New Round! Coalition on flexibilities for developing liberalization affecting sensitive multilateral trading system in the Philippines. countries. TN/MA/W/65, policy areas like restrictions on could still be counted upon to 2 Martin Khor. “How the WTO’s November 8, 2005 foreign equity and ownership deliver on its promise of Conference Adopted it’s 18 General Agreement on Trade in and liberalization of more development. Ministerial Declaration in Hong Services (GATS) sectors or areas than what was We also have to consider that Kong.” December 19, 2005. 19 The Group of 33 or G33 originally included in the despite the seeming defensive 3 A busy commercial and (membership now includes country offers. According to posturing in Hong Kong or in entertainment district in Hong around 42 countries) known as Favila “these new approaches the course of the Doha Kong, where the HK Convention “Friends of Special Products” is are clearly opposed to the negotiations, liberalization is Center is located and where the main proponent of SPs and request-offer negotiating still the development mantra in protesters clashed with police on SSM modality our officials agreed in the Philippines and this will the night of December 17, 2005. 20 Statements made at the Hearing March 2001.”21 continue to be pursued within 4 Statement made by WTO Director of the House Special Committee Secretary Peter Favila ended the WTO or in bilateral or General Pascal Lamy at the Press on Globalization. February 1, his speech before the regional free negotiations on Briefing on December 19, 2005 2006 Conference with the following trade and investment. in Hong Kong. 21 Statement by Secretary Peter plea to the developed world: 5 Annex A outlines the framework Favila at the WTO Sixth “By your sheer size alone, you Stopping the Round for establishing modalities in the Ministerial Conference in Hong will continue to grow, but you The forging in Hong Kong agriculture negotiations. Kong. December 16, 2005

Human Rights FORUM 7 n By JM Villero VEN before the Arroyo-assembled Consultative Commission (ConCom) wrapped up its supposed consultations and submitted to EMalacañang its proposed changes to the 1987 Constitution, fears were already high that the country’s fundamental law would suffer a major defacement, especially in its nationalist, libertarian and pro-people provisions. What was even feared more was that the mangling of the The music behind Constitution’s pro-people provisions would be done with the cha-cha hardly any resistance, as public and media attention would be comes from the riveted on the more contro- versial proposals. clarion-calls of True enough, right after the Abueva-led commission pre- globalization and sented to the Palace its 64-page Proposed Revision of the 1987 neo-liberalization.

Constitution, bedlam erupted ...... PHILRIGHTS specifically the ones that threatened human rights and civil liberties and assured the wholesale surrender of the national patrimony and the sell- SHALL WE out of the Philippine economy. The Abueva blueprint: A quick look After 113 days of debates (Part 2) and provincial trips (lubricated DANCE? by a kick-off budget of P10 over the no elections (“No-El”) million), the 55-member Arroyo’s cha-cha and the parliamentary-federal commission proudly presented shift recommendations. Drow- what they believed are as a danse macabre ned out in the din of reactions constitutional amendments that were the reasoned voices that would be “for the good of the (Second of a two-part series on Charter change) came from those who looked at country.” In accepting the draft, the more treacherous proposals, the president hailed it as a “road map…towards the fulfillment of [the Filipino people’s] dreams.” Landmarks in this road map include the following:

• adoption of a parliamentary form of government, with a 10-year period of transition to federalism • postponement of the 2007 elections, with GMA serving until 2010 • removal of term limits for elected officials • inclusion of a “Bill of Duties” as counterpart to the Bill of Rights • removal/amendment of certain provisions that protect civil liberties • removal of provisions that curb the martial law powers of the president • removal/amendment of Threatened: legitimate exercise of freedom of speech and assembly. PEPITO FRIAS provisions on nuclear

8 Human Rights FORUM weapons and foreign been replaced with “promote the Counsels for the Defense of providing social services, military presence general welfare”. Civil Liberties (CODAL), the full employment, a rising • removal of restrictions on Article II (Declaration of addition of “employers” in the standard of living,and an foreign ownership/ Principles and State Policies) was second sentence negates the improved quality of life for exploitation of natural mangled. In Section 1, which primacy of labor. Not all resources, public utilities, states that “The Philippines is a coincidentally, Section 8 of the educational institutions democratic and republican same Article has been altered: • Section 13, on the vital role and the media State,” the word “democratic” “The right of the people to form of the youth in nation- shall be deleted. Quite ominous, unions, associations, or societies for building Road map to hell? in light of the AFP’s grim human purposes not contrary to law shall The commission’s overhaul rights track record, is the not be abridged.” The significant • Section 15, on the right to of the Constitution immediately removal of the 2nd and 3rd phrase “including those health starts out by whittling down the sentences in Section 3, which, in employed in the public and preamble, which now reads: the 1987 charter, reads: private sectors” has been taken • Section 16, on the right to out. a balanced and healthful We, the sovereign Filipino “Civilian authority is, at all Worse, 15 of the 28 ecology people, imploring the aid of times, supreme over the provisions in article II – those Almighty God, in order to military. The Armed Forces provisions that have given the • Section 17, on giving establish a Government that of the Philippines is the 1987 Constitution a progressive priority to education, shall embody our ideals, protector of the people and the semblance – have been erased. science and technology, promote the general welfare, State. Its goal is to secure the These are: arts, culture, and sports conserve and develop the sovereignty of the State and the patrimony of our nation, and integrity of the national • Section 5, on the • Section 19, on developing secure to ourselves and our territory.” maintenance of peace and a self-reliant and inde- posterity the blessings of order, the protection of life, pendent national economy democracy under a regime Likewise boding ill for the liberty, and property, and controlled by Filipinos of justice, peace, liberty, and labor sector is the proposed promotion of the general equality, do ordain and revision of Section 11: welfare • Section 20, on the promulgate this Cons- indispensable role of the titution. The State affirms labor as a • Section 8, the policy of private sector primary and responsible social freedom from nuclear Erased from the original economic force. The State weapons within the • Section 21, promoting (1987) preamble are the phrases shall protect and promote the Philippine territory comprehensive rural “to build a just and humane society welfare of both workers and development and agrarian and”; “and aspirations”; employers. • Section 9, the promotion of reform “independence”; “under the rule of a just and dynamic social law”; and “truth, freedom, love”. where the phrase “and order to ensure the nation’s • Section 23, recognizing the A new term (“liberty”) has been responsible social” was tacked prosperity and indepen- role of non-governmental, added; while the phrase on. According to Atty. Neri dence and the people’s community-based, or “promote the common good” has Javier Colmenares of the freedom from poverty by sectoral organizations

Allowing foreign ownership of dwindling urban lands will further worsen the squatter problem in the country. PEPITO FRIAS

Human Rights FORUM 9 provisions on National of the public domain, waters, Economy and Patrimony that minerals, coal, petroleum, and tear to shreds any barriers to the other mineral oils, all sources exploitation, operation, use and of potential energy, fisheries, ownership of practically all the forests or timber, wildlife, flora natural resources of the country. and fauna, and other natural Removed also are provisions resources) was granted only to that seek to protect Filipinos Filipino citizens and to from unfair foreign competition corporations with at least 60% and trade practices; that reserve Filipino ownership. In the the use of marine wealth to proposed revision, this Filipinos only; that bar restriction has been removed, foreigners from owning lands. thus laying bare the entire For example, in section 1 of national patrimony to foreign Article XII (National Economy control and exploitation. and Patrimony), the following Moreover, while the 1987 were removed: Constitution stipulates a 25-year limit (renewable for not more In the margins of the city: Along railroad tracks and fences, the city’s landless The State shall promote than 25 years) on any entity create the rudiments of living. PHILRIGHTS industrialization and full which seeks to develop and employment based on sound utilize natural resources, the agricultural development and proposed revision contains no agrarian reform, through such limit. industries that make full and Under the present Consti- efficient use of human and tution, private corporations natural resources, and which “may not hold such alienable lands are competitive in both of the public domain except by lease, domestic and foreign markets. for a period not exceeding 25 years, However, the State shall renewable for not more than 25 protect Filipino enterprises years, and not to exceed 1,000 against unfair foreign hectares in area.” The proposal competition and trade of the ConCom removes all practices. In the pursuit of these restrictions, by simply these goals, all sectors of the stating that private corporations economy and all regions of the “may hold such alienable lands of country shall be given the public domain by lease,” and PEPITO FRIAS optimum opportunity to without requiring any limits as • Section 24, on the vital role develop. Private enterprises, to period of lease and size or of communication and No law shall be passed including corporations, area. information in nation- abridging the responsible cooperatives, and similar The Constitutional injunc- building exercise of the freedom of collective organizations, shall tion upon the legislature to speech, of expression, or of the be encouraged to broaden the enact measures prohibiting • Section 26, which press, or the right of the people base of their ownership. logging has likewise been guarantees equal access to peaceably to assemble and removed, with the deletion of opportunities for public petition the Government for while in Section 2, the the third sentence in Section 4 service and prohibits redress of grievances. preferential claim of Filipinos of Article XII, which states that political dynasties over their marine resources was Congress “shall provide... mea- The addition of the qualifier erased: sures to prohibit logging in • Section 27, on maintaining “the responsible exercise” begs endangered forests and watershed honesty and integrity in the the question of what constitutes The State shall protect the areas.” public service and taking “responsible exercise”. Taken in nation’s marine wealth in its While foreigners are barred measures against graft and light of the Arroyo govern- archipelagic waters, territorial from owning private lands right corruption ment’s most recent policies sea, and exclusive economic now, a revised Constitution will (CPR, no permit no rally policy, zone, and reserve its use and not do so anymore, because, as These are the very EO 464), and her recent enjoyment exclusively to proposed, industrial, com- provisions that reflect our complaints against media Filipino citizens. mercial and residential lands country’s commitment to portrayal of her administration, “may be transferred or conveyed to international human rights this revision portends grave The Congress may, by law, foreign individuals or corporations instruments such as the danger to the people’s basic allow small-scale utilization with foreign ownership.” Universal Declaration of rights and freedoms. of natural resources by The 1987 Constitution shall Human Rights as well as the The operative word seems to Filipino citizens, as well as be stripped of provisions that international covenants on be “responsible”, which, as cooperative fish farming, safeguard certain areas of economic, social and cultural already noted, has likewise been with priority to subsistence investment against foreign rights as well as on civil and tacked on to the provision on fishermen and fish- workers ownership, as guaranteed in political rights, to which the Labor. in rivers, lakes, bays, and Section 10 of Article XII. Instead Philippines is a signatory. lagoons. of reserving to Filipino citizens A slight insertion in Section Peddling the national and to corporations 60%-owned 4 of the Bill of Rights has drawn patrimony In the 1987 Constitution, the by Filipinos, the proposed much ire. The suggested pro- Most far-reaching are the right to exploit the country’s charter leaves it to the vision is: revisions being proposed in the natural resources (such as lands Parliament to “provide for

10 Human Rights FORUM limitations on foreign ownership in To be eligible to run for certain areas of investments,” Parliament, a new qualification conditioned upon the dictates of is being proposed: a college “the national or public interest.” degree. (underscoring supplied) Legislative hearings and The stipulation that the State inquiries in aid of legislation shall give preference to Filipinos (Article VI, Section 21 of the “in the grant of rights, privileges, 1987 Constitution) will be and concessions covering the scrapped; just as the legislative national economy and patrimony” prerogative to invite heads of has been deleted. Along with departments to appear before this, the operation of public lawmakers “on any matter utilities – off-limits to foreigners pertaining to their departments” under the Section 11, Article XII (recently prohibited by the of the 1987 Constitution – will president through EO 464) shall then be open to non-Filipino not be done. citizens and corporations. Also thrown to the trash bin Implications of the Proposed is Section 13 of the same Article, PHILRIGHTS Amendments to wit: “The State shall pursue a A state of martial law does not treason, bribery and graft and It is not difficult to envision trade policy that serves the general suspend the operation of the corruption; to be removed as the disastrous results that the welfare and utilizes all forms and Constitution, nor supplant impeachable offenses are high proposed Constitutional arrangements of exchange on the the functioning of the civil crime and betrayal of public changes will bring upon the basis of equality and reciprocity.” courts or legislative trust. Filipino people, especially upon (underscoring supplied) assemblies, nor authorize the The power of the judiciary to the suffering poor and the Even the ownership and conferment of jurisdiction on check possible abuses by the disempowered. control of colleges and military courts and agencies other branches of government The economy and national universities – presently reserved over where civil courts are able shall be clipped, with the patrimony are laid wide open for for Filipinos and corporations to function, nor automatically deletion of the following in foreign plunder. If the president with 60% Filipino capitalization suspend the privilege of the Article VIII, Section 1: is to be believed, purging the – shall be handed out to aliens. writ. Constitution of its pro-Filipino The ConCom likewise Judicial power includes the provisions will benefit the recommended the deletion of The suspension of the duty of the courts of justice to economy, specifically through provisions that limit ownership privilege of the writ shall settle actual controversies the inflow of foreign and management of mass media apply only to persons involving rights which are investments that will create and the advertising industry to judicially charged for rebellion legally demandable and more jobs. But the country’s local citizens and corporations, or offenses inherent in or enforceable, and to determine experience in foreign direct as well as the prohibition on directly connected with whether or not there has been investments put a lie to such mass media monopolies and invasion. a grave abuse of discretion claims: foreign investors do not combinations of trade restraint amounting to lack or excess of actually bring in new equity or unfair competition. During the suspension of the jurisdiction on the part of any capital because a substantial privilege of the writ, any branch or instrumentality of part of their investments are Martial law designs person thus arrested or the Government. sourced from local borrowings The lawyers’ group CODAL, detained shall be judicially (thus edging out Filipino in calling the proposed Charter charged within three days, More reprehensible changes entrepreneurs). They then revisions “a recipe for martial otherwise he shall be released. Other reprehensible revi- accumulate superprofits that are law,” could not be more sions shamelessly recom- repatriated to their parent accurate. A new basis for the Accountability of Public mended by the ConCom are the companies abroad. In short, proclamation of martial law is Officers deletion of the “nuclear free” foreign investments, instead of proposed: the imminent threat While the proposed charter provision; the removal of the bringing in more capital, only of rebellion, thus making it easy revisions harp on “responsi- provision which bans foreign serve to siphon out the wealth to declare martial law on the bility” when it comes to labor military bases, troops, or of the country. strength of “destabilization” or and the exercise of basic rights facilities without a treaty; and Moreover, foreign capital even “people power.” (The (to assemble and petition the the lowering of voting require- does not ease the unemploy- working draft of the House government for redress) and ments for treaty ratification, ment problem. According to Committee on Constitutional freedoms (of speech, of expres- from 2/3 of all Senate members, studies, jobs generated by this Amendments, chaired by Lakas sion, of the press), the same onus to majority of Parliament type of investment account for Rep. Constantino Jaraula, adds is removed from public officers. members. only 0.8 to 1.8 percent of the another basis for declaring The Constitution’s directive Participation of margina- labor force. Consider too that martial law: insurrection). The upon public officers and lized sectors (labor, peasant, over-exploitation is a grim ConCom’s proposal leaves out employees to serve the people urban poor, indigenous cultural reality faced by laborers in such a very important mandate of the “with utmost responsibility, communities, women, youth, businesses, with starvation- Supreme Court, that of integrity, loyalty, and efficiency, act etc.) in the legislature, enshrined level minimum wages, repres- reviewing the basis of the with patriotism and justice, and lead in the present charter through sive policies and violation of proclamation of martial law or modest lives” has been pared the provisions on party-list union rights. Then add to this the suspension of the privilege down, with the words “responsi- representation, is also threate- the number of workers who lose of the writ. Also deleted are the bility” and “justice” taken out. ned. The proposed revision is their jobs because of Filipino following provisions in Article The ConCom has limited the mute on how the parliament firms going broke from the VII, Section 18 of the 1987 grounds for impeachment: will accommodate party-list onslaught of foreign charter: violation of the Constitution, representatives. competitors. Really, the

Human Rights FORUM 11 promise of jobs being created farmlands are converted to non- through the influx of foreign farm uses and gobbled up by investments as a result of cha- alien money. cha is just that: an empty Also detrimental to the promise. Filipinos is the proposal to In fact, according to the allow foreign corporations to Ecumenical Institute for Labor take over public utilities. Public Education and Research, foreign utilities (water, electricity, investment has a harmful telecommunications, impact on employment: transportation, etc.), being unemployment is higher essential to the everyday lives of “precisely during those periods consumers, are crucial to characterized by greater national security and should participation of foreign direct therefore be controlled by those investors in the economy.” who shall put the interests of the Granted, for the sake of people over lust for profit. argument, that foreign The same holds true for investment is indeed the answer educational institutions and to the country’s economic woes. media and advertising outfits. But to blame the Constitution Allowing foreign ownership for the lack of investment inflow will not only restrict access of is to beat the wrong bush. Even TRACY PABICO Filipinos to these vital the World Bank, in its latest countryside, where a watered- prove futile, for it will only be institutions (which would be a Country Assistance Strategy for down agrarian reform program too easy for landowners to violation of the right to the Philippines, does not has barely made a dent on the convert their lands into information and education), it specifically mention the landlessness problem (which industrial, commercial or will also defile the Filipinos’ Constitution as an impediment has fueled several decades of residential land. Research by the culture and set of values and to investment: communist insurgency). The Philippine Peasant Institute weaken the Filipinos’ sense of Department of Agrarian Reform reveals that as of June 2002, nationhood. The schools and the The lackluster investment claims that 72% of the 8 million DAR-approved land-use mass media are key agents of climate in the Philippines can hectares targeted for land conversions already cover socialization, learning and even be attributed to: a fragile fiscal reform have already been 35,697 hectares of prime social control; foreign control and debt position; perceived accomplished as of 2003, but farmlands (41,165.52 hectares as over these powerful shapers of corruption; infrastructure this accomplishment is being of March 2005, according to the people’s minds can only be weaknesses; uncertainty and questioned on the ground that Kilusan para sa Pagsulong ng disastrous to a multi-ethnic inconsistency in the the figure only accounts for Repormang Agraryo), and this nation like the Philippines. application of regulations, hectarage “that has been “does not include the estimated especially in the awarded but not actually 200,000 hectares of illegally Civil liberties and basic infrastructure sector; distributed.” (underscoring converted land that was freedoms are threatened. First, the concerns about law and order; supplied) reported way back in 1994, and phrase “the responsible exercise of the high costs of doing In the urban areas, allowing the 38,908 hectares converted freedom of expression”, business; and a sluggish foreign ownership of land under the Department of Justice seemingly innocuous, financial system. would result in higher land (DOJ) Opinion 44 from 1990 to demolishes the very right it prices. As real estate prices in 1999.” Deprived of lands to seeks to uphold, as the exercise The ConCom’s revision of the urban areas soar, affordable till, more and more rural of such freedom will now be economic provisions that will housing will be beyond the dwellers will be deprived of subject to rigorous and even most immediately harm the grasp of lower- and middle- sources of subsistence; they will whimsical government poor is, perhaps, that on land income families. According to flock to urban areas where jobs standards. When one recalls ownership. How this will recent estimates, around 57% of are not available and join the how Arroyo has been enliven the investment climate the country’s city dwellers “live millions of urban poor settlers. complaining about media is still a big question. According on property to which they have As agricultural land areas portrayal of her government, to Rep. Wigberto Tañada, “there no legal titles.” Increased land shrink, the country’s the word “responsible” takes on is no causal relationship prices would thus exacerbate agricultural production (already a more worrying implication. between the land ownership the urban housing problem in inadequate as it is right now) Second, the proposed charter policy of a host country and the the country’s major cities. will also dwindle, thereby change gives the president or rate of foreign investments According to the Philippines severely undercutting the prime minister vast martial law flowing into [that] country.” Homeless People’s Federation, country’s food adequacy and powers, even as it broadens the Countries like China, Singapore “without secure land, houses endangering the country’s food grounds for martial law and and Vietnam, which do not and communities, more and security, not to mention its removes any safety mechanisms allow foreign ownership of more of the poor’s scanty detrimental effects on the such as the 60-day effectivity land, are more successful in resources go into just surviving, environment. Because of the limit and the power of the attracting foreign investors. In catching people up in a hopeless government’s skewed develop- Supreme Court to check on the fact, the favorite investment cycle of squatting and eviction ment priorities, the country is factual basis of martial rule. In destination, China, has very which only further impo- now a net food importer (rice, light of the Arroyo restrictive policies to protect its verishes the poor, and prevents livestock and other marine government’s vicious response natural resources from foreign them from developing them- products), despite being a to the ongoing series of protests exploitation. selves.” relatively agricultural economy. (through her “calibrated Allowing foreigners to Exempting the country’s 13 The capability of the country to preemptive response” and the acquire lands will only worsen million hectares of farmlands feed its own population will be “no permit, no rally” policy), the agrarian problem in the from foreign ownership will severely compromised if more giving such extraordinary

12 Human Rights FORUM powers to a beleaguered but sector, and relaxing the off the progressive and by-house-bribery.html spiteful president is the height government’s power to regulate libertarian content of the 1987 • Colmenares, N. J. (Jan. 22, 2006). of folly. the economy. All these policies Constitution, she guarantees Legal memorandum on the are aimed at giving the market that her rule will not be spoiled proposed Constitution of the The ban on nuclear weapons forces full command of the by any challenge or resistance House of Representatives’ and foreign troops and bases is national economy, with from the people. By hewing Committee on Constitutional removed. Without the minimal – if any – government away the Constitutional Amendments. http://pcij.org/ constitutional provisions intervention, except to provide guarantees of checks and blog/wp-docs/Codal-Survey-of- House-Proposed- banning nuclear weapons and an environment conducive to balances, she makes herself Constitution.pdf business operations. These answerable to no one. the entry of foreign troops and • Colmenares, N. J. (Jan. 6, 2006). bases without a treaty, there will policies cannot be totally put in Indeed, Arroyo will no The Consultative Commission’s be no legal impediment to the place under a Constitution that longer have to complain about proposed Constitution: A threat return of the US military bases. gives prefential rights to panting after the school-yard to national interest. The deletion of these provisions Filipinos. So, the fundamental bully. For she will be the only • Consultative Commission, brings the Constitution into line law of the land must be bully left. various documents. http:// with the controversial Visiting rewritten to make it abide by Revising the fundamental www.concom.ph Forces Agreement, the Mutual the dictum of globalization. law of the land is not a task to • De Guzman, M., Garrido, M., & Logistics Support Agreement But the globalization be taken blithely. Neither Manahan, M.A. (June 23, 2004). and the Balikatan exercises. commitment of the Philippine should it be done with sinister Agrarian reform: The promise government has always been and self-serving motives. The and the reality. http:// The Global Dancing Arena detrimental to the people, Constitution embodies and www.landaction.org/gallery/ The music behind cha-cha especially the marginalized articulates the nation’s collective bestphilipjune.pdf comes from the clarion-calls of groups. The liberalization of the dreams and aspirations, the • Ecumenical Institute for Labor globalization and neo- economy, which has already people’s ideals and their sense Education and Research (Jan. liberalization. It is not been going on for the past of nationhood. To trifle with 16, 2006). Tripping over cha-cha. surprising therefore that foreign decades and been accelerated in this basic document is to insult http://www.eilerinc.org/ corporate interests and their the last two decades (in spite of the very core of the nation’s downloads/features/2005-12- local allies are applauding the the Constitution) has only dignity; to revise the 05%20Tripping%20Over%20Chacha.pdf. latest cha-cha proceedings. worsened poverty and income Constitution, under foul • Farmers hit GMA for dismal agrarian reform performance on Foreign businesses will gain disparity not only in the motives, is to blight the future th much if all legal barriers to their Philippines but in all other of a whole nation. When the 17 anniversary of CARP. http:// www.endpoverty- entry into the local economy are economies whose frail intent behind the rewriting of philippines.com/ finally removed. industries cannot compete with the nation’s fundamental news_farmers.htm those of the developed document is less than noble, Cha-cha is not unique to the • Medina, C. P., Jr. The human Philippines. According to the countries. (See article on the World then a nation whose survival is rights impact of charter change research institute IBON, around Trade Organization on p. 3). at stake should rise up and put a proposals. http:// 130 countries have revised, stop to this criminal act. search.yehey.com/ amended or adopted new The net effect of all these search_redirect.aspx?url=http%3a constitutions “to accommodate Constitutional revisions will be References: %2f%2fwww.hrnow.org%2fmonitor a framework for the sort of increased poverty and suffering %2fh000218_chachaImplic.htm ‘market democracies’ that open for the masses, especially the • Africa, S. (Aug. 2005). Attacking • Pañares, J.P. (Dec. 12, 2005). up domestic labor, economic vulnerable and disempowered the world’s constitutions. http:// Charter Change proposals done, www.globalpolicy.org/empire/ sectors and natural resources,” majority who, at present, can Manila Standard Today, p. 1. economy/2005/ thereby reversing the nationalist barely access the most basic • Philippine Center for Investigative 08charterchange.htm rights to food, education, Journalism, various documents. constitutions of Latin America, • Arroyo launches urban land www.pcij.org. Asia and Africa and drastically employment, and housing, as reform (Oct. 29, 2004). http:// overhauling the ‘socialist’ well as the erosion of the news.inq7.net/nation/ • Philippine Peasant Institute. constitutions of former Soviet freedom and liberty of the index.php?index=1&story_id=16434 Philippine agriculture: Two republics. Filipino people. • Arroyo, G. M. (Dec. 16, decades of slow growth. http:// Despite its flaws and its 2005). Speech during the www.ppi.org.ph/publications/ wordiness, the 1987 Cons- Fulfillment of Whose Dream? ceremonial submission to fnv/current_issues/ titution contains provisions that Clearly, President Arroyo’s the President of the report fnv_main.htm can, and did, safeguard the cha-cha attempts is done upon of the Consultative • Philippines Homeless People’s economy from the total the behest of the neo-liberal Commission to propose the Federation. http:// onslaught of global capital and agenda. That a new revision of the 1987 www.achr.net/philippines1.htm protect vulnerable sectors of the Constitution will also keep her ConstitutionConstitution. http:// • Tañada, W. Charter change, nationalism and economic economy. Deleting these in Malacañang – with more www.ops.gov.ph/ survival. http://www.up.edu.ph/ powers to boot – until 2010 and speeches2005/speech- provisions will facilitate and forum/1999/11/08/charter.html hasten the implementation of even beyond is a bonanza that 2005_dec16.htm • Colmenares, N. J. (Jan. 17, 2006). • World Bank (Apr. 19, 2005). neo-liberal economic policies, she cannot afford to let slip. By Pres. Arroyo’s proposed Country assistance strategy for gouging out the Constitutional specifically the privatization constitutional revision: A recipe the Republic of the Philippines. and liberalization of the public provisions that protect national for dictatorship. http:// http://www-wds.worldbank.org/ sector and deregulation in vital and economic sovereignty, she www.bayanmuna.net/ servlet/WDSContentServer/ economic areas. This means pleases the foreign powers-that- Press%20Releases/2004/HQ- WDSP/IB/2005/04/27/ removing any obstacle to the be and ensures support for her 30.htm 000090341_20050427085636/ flow of goods, services and presidency. By dismantling a • Colmenares, N. J. (Jan. 20, 2006). Rendered/PDF/32141.pdf capital, transfering government- sometimes-unruly bi-cameral Constitution proposed by House: • Yu, J. Charter change, GATS, and provided basic social services Congress, she consolidates her Bribery as highest law of the presidential survival. http:// (like health, education, forces and strengthens her grip land. http://codal.blogspot.com/ lists.indymedia.org/pipermail/ electricity, water) to the private over the legislature. By hacking 2006/01/constitution-proposed- imc-qc/2005-July/0923-wj.html

Human Rights FORUM 13 DEADLY PLAYGROUNDS: Child Soldiering in thePhilippines n By J.M. Villero HILE other children their age are in school, in playgrounds, or safe within the protective folds of their families, Wthese children spend their young lives in camps, constantly facing the dangers of war and violence. Instead of books, or toys, these children handle and lug around M-16s, Garands and other firearms. They don’t do jigsaw puzzles; they dismantle and re-assemble rifles. They have seen their closest friends die in battle. They have stared death in the face. Jessa, Raffy, Gani and members of various non-state Yoyong (not their real names) armed groups and government- are just four of the Filipino backed paramilitary organi- children who have been forced zations. Only 79 of them had by a host of circumstances to been demobilized. take part in a war raging in the The PhilRights study, Philippine countryside. They “Deadly Playgrounds: Child are among the 194 child soldiers Soldiers in the Philippines”, (CS) documented by the was launched on November Philippine Human Rights 15, 20051. Information Center (PhilRights), the research and information Child Soldiers Fighting Adult arm of the Philippine Alliance Wars of Human Rights Advocates International children’s (PAHRA). At the time of the rights advocates estimate that research project, 115 of the there are more than 300,000 children were still active child soldiers world-wide who

Grinding poverty in the rural areas are driving young children to join armed groups. Photos by R. ANDAG

14 Human Rights FORUM are involved in more than 30 armed conflicts2, including the Moro liberation movement and the communist insurgency in the Philippines. It is however extremely difficult, if not impossible, to ascertain the actual number of child soldiers – armed groups deny that they recruit children into their ranks, reliable documentation cannot be conducted, and children eventually become adults, thereby erasing the fact of child soldiering. Thus, current estima- tes may well fall below the actual number of children who are members of armed groups. Being invisible, the existence of child soldiers is easy to deny. In the Philippines, despite denials from both government- supported paramilitary organi- zations and non-state armed groups, children are commonly recruited to the frontlines of a war that is not of their making. There may not be exact figures on the number of CS, but child rights advocates, research institutions and government In evacuation camps in war-torn hinterlands, children face unimaginable forms of hardships and deprivations. R. ANDAG agencies claim that the use of child soldiers is prevalent in paramilitary groups supported by the government, in private armies and in opposition groups waging armed struggle like the New People’s Army (NPA) and Moro Islamic Liberation Front (MILF). CS have been docu- mented among NPA, MILF, Revolutionary Proletarian Children are Army-Alex Boncayao Brigade, the Abu Sayyaf Group, Citizen’s Armed Forces Geographical commonly Unit, and the Armed Forces of the Philippines. recruited to The children most vulnera- ble to recruitment or conscrip- the frontlines tion by armed groups come from impoverished families in rural communities where of a war that fighting between government PEPITO FRIAS forces and separatist or anti-government propaganda an armed conflict exists.”2 They is not of their insurgent movements is fierce, and organizing work, where perform combatant as well as where livelihood opportunities livelihood and education non-combatant roles. As non- are virtually nil, and where basic opportunities are not available, combatants, they may be making. services are either inadequate or feels no other recourse but to deployed as medics, couriers, ...... practically nonexistent. sign up with a non-state armed messengers, spies, porters, These poverty-stricken group – especially when other decoys, scouts, look-outs, communities, where most of the members of the family have organizers, or may be assigned time the only state presence felt already joined. camp duties like cooking and is that of the military (which The Coalition to Stop the Use other domestic labor. more often brings harm than of Child Soldiers considers a However, even when good to the residents), are fertile child soldier “any person under assigned adult tasks such as breeding grounds for anti- the age of 18 who is a member combat duty and other high-risk government sentiments and of or attached to government undertakings not normally activities. A child who witnesses armed forces or any other given to children, child soldiers and is a victim of military regular or irregular armed force – because of their age – are left atrocities, in an area of massive or armed group, whether or not out of crucial processes

Human Rights FORUM 15 involving decision-making. and in the farm.” It is not surprising therefore “Charming amazona” that Jessa found her organizing Jessa, described by social work better than being at home. workers as “a charming young “At least I was doing something lady, who is always smiling, good,” she says, “raising the friendly and easily relates to awareness of other people who other people,” was only 14 are poor and exploited like me.” when she was captured by the Does she regret that she military in the course of a joined the communist insur- firefight with elements of the gents? “No,” she candidly 43rd Infantry Brigade. She was admits. captured along with another 14- year-old girl, who was injured Fighting for Allah during the encounter. She does Gani was barely 15 years old not deny her affiliation with the when he became a mujahideen, communist insurgents. Though fighting – as he puts it – “for the she insists that she was not a glory of Allah.” He was combatant, she admits that she exposed to Moro separatist carried an M-16 armalite rifle for ideas at an early age, his father her protection. “If the military being a member of an armed kills ordinary civilians, they will group advocating Muslim only be too happy to kill those separatism. Gani voluntarily who are involved in joined the MILF. “I want to put underground work. I had to have some weapon,” she reasons out. She had joined the The existence underground movement less than a year before her capture, of child after attending several orientation meetings conducted in her community by the soldiers is communist organizers. Soon, she herself was immersed in easy to deny. organizing and propaganda ...... work among the upland peasant communities in a province in a stop to the exploitation of my the Visayas. fellow Muslims, and to avenge Jessa would spend the next the wrongs done by the seven months hiking from one government,” he explains. said it was better to flee than to full-time youth organizer for the mountain barangay to another, These wrongs include the heavy engage them in combat.” As CCP-NPA, then had become a imparting to upland farmers militarization of the Muslim they were fleeing, one bullet CAFGU regular. Raffy what she knew about the ills of communities that has made life whizzed past Gani. He thought exemplifies the children in war- Philippine society and the need extremely difficult for the he was wounded. “I checked torn areas who are sucked into to replace the existing families like Gani’s. “The for blood, but there was none. a spiral of violence, and the only exploitative system. “It was military do not respect us, they But my jacket had been ripped.” choice is between fighting for exhausting work,” she says. look down on us. They think The experience did not scare the NPA or joining the CAFGU. “Most of the time we had to that Muslims are bad people. Gani. “I know that my life is In Raffy’s case, he didn’t move at night, to avoid That’s why I’d like to help drive always in danger, and I am even have a choice. encounters with the military. them out of our place,” he says. prepared to die as long as it’s in His parents were involved in Sometimes we would walk for Driving the military out of battle.” the underground movement. hours without food.” the Muslim communities means Would he consider leaving His father was an armed regular But she never complained. joining the jihad, carrying his group and going back to a of the New People’s Army, For one, she says she was firearms and being at the peaceful life? “Only when we while his mother, according to already used to walking long frontlines of battle. And for have already gained what we his account, was the finance distances. And back when she Gani, it also means being are fighting for,” he says. “Right officer of the rebel forces was not yet involved in the prepared to die in battle. “I’m now I consider it an honor to operating somewhere in the underground movement, not afraid to die,” he says. serve the Muslim people, and to Visayas. Thus, at a very early enduring hunger was already “Because if I die in battle, Allah follow our religious teachings. age, Raffy got used to “life in the part of her daily life. With only will bless me and reward me in In fact, if I do get married and mountains.” a small patch of land to till, her the afterlife because I died for have children, I will not stop “When there was a military parents can barely feed her and the cause of Islam.” them from becoming muja- operation in the area, we would her five siblings. They couldn’t He has already participated hideens.” hide in the forests,” he narrates. even send their children to in a number of armed They would stay there school. “We only reached Grade skirmishes, and in 2003, Gani From extreme left to extreme sometimes for days, under III,” Jessa narrates. “There was nearly lost his life. “We were right cover of the thick forest canopy. no money for pencils and being chased by the military,” At the time of the interview, He recalls that when the military notebooks, and the time spent he recounts. “We couldn’t Raffy, 18, had already fought for dropped bombs on the area, in school was better spent return fire because they both the extreme left and the they scampered like wild helping our parents in the house outnumbered us, and our leader extreme right: he had been a animals. “We would hug the

16 Human Rights FORUM Poverty and war rob children not only of their innocence, but also their basic rights to survival. R. ANDAG program of the government. The Protocol outlaws the “The military issued us a check involvement of children under amounting to P56,000.00 for the age 18 in wars and armed two firearms, but we only hostilities, and raises the received P36,000.00 in cash. The previous minimum age for rest they pocketed.” compulsory recruitment and Soon after their surrender, direct participation in conflict, Raffy and his father underwent from age 15 to 18. The prohi- basic military training, and were bition covers both government then integrated into the Citizens and non-government forces. Armed Forces Geographical In the same year, the Rome Unit (CAFGU). “I had no choice Statute for the International but to become a CAFGU. We Criminal Court also came into couldn’t go back to our farm. force. The Statute makes the My father said it would be too “conscription, enlistment or use dangerous.” of children under 15 in PEPITO FRIAS hostilities a war crime.” big tree trunks, then run to the would immediately report any Are Safeguards Enough? The Philippines has likewise next available cover. I was only military presence, to warn our Though children’s involve- enacted several laws and 6 years old then.” comrades. We were also tasked ment in wars and armed measures aimed at protecting “When my father was to carry messages.” conflicts has a long history, it children from the atrocities of assigned on an operation, he Raffy’s other tasks included was only in recent decades that war, foremost of which is R.A. would leave me in the care of soliciting material support from the campaign to end the use of 7610 (or the Special Protection of sympathetic farmers,” Raffy the masses. “I would go around child soldiers has gained Children Against Child Abuse, recounts. Once when he was collecting rice from supportive prominence. The recruitment of Exploitation and Discrimination staying with some farmers, farmers, then bring it to the rebel children into armed groups, Act of 1992). RA 7610 declares soldiers raided the area. They camp.” whether in government-backed children as “Zones of Peace” and took the 6-year-old Raffy to a Aside from his organizing or in non-state armed groups, is prioritizes the protection of military camp several towns and auxiliary work, Raffy also a despicable act that violates the children in situations of armed away. took part in alternative edu- most fundamental rights of the conflict. “My grandmother tried to cation conducted by the child, and which exposes the But the enactment of get me out of the camp, but the underground movement. “We child to a host of other violations international standards and military refused. Luckily, she learned about the ills of and abuses. Child soldiers have national laws are hardly enough got the help of a nun. That was Philippine society, and how we to endure indescribable safeguards. how I got reunited with my could overthrow such an deprivations and dangers. Even For as long as the country is parents.” exploitative system.” when they are eventually riven by internal conflicts, and When he was 14, Raffy Before long, his parents demobilized, the physical, as long as the root causes of became a full-time organizer for surrendered to the authorities. emotional and psychological these conflicts are not addres- the communist movement. “I had no choice but to damage that they sustain will be sed, children will continue to be “There were seven in my group, surrender along with my carried for the rest of their lives. recruited as fodder in wars that all almost the same age as me, parents,” Raffy says. “I knew In 2002, six years after the are supposedly waged on their and we were tasked to organize that my father would be used by landmark Report on the Impact behalf. the youth sector. We were not the military in their operations, of Armed Conflict on Children 1 For more information on the said combatants, but we were and I didn’t want to meet my by Graça Machel, the Optional study, please contact PhilRights at allowed to carry M-16 rifles.” father in combat.” Protocol to the Convention on 433-1714 or e-mail us at Aside from organizing, Raffy’s They surrendered two M-16 the Rights of the Child on the [email protected] group also acted as spies, rifles, worth P36,000.00 each Involvement of Children in 2 http://www.child-soldiers.org/ couriers and look-outs. “We under the “Balik Baril” Armed Conflict came into force. document_get.php?id=966

Human Rights FORUM 17 n Text and Photos by Ramil Añosa Andag Revisiting Logging in Samar Y FATHER settled in Gamay, Northern Samar in 1946. Back then, he remembers, not even the “M heaviest rains would cause the rivers to swell. Then in the early 70s, San Jose Timber Corporation (SJTC) started logging in the area. Since then, flashfloods and swollen rivers had become common,” recounts Attorney Venir Cuyco, a native of Gamay. “These floods would bring with them timber and felled trees,” he added. This sentiment was prompted by the recent news that on August 15, 2005, the Department of Environment and Natural The forests in Resources (DENR) Secretary Michael Defensor has allowed Samar island for 25 years, or until 1992. It flashfloods in January 1989 SJTC (which is incidentally was renewed in 1982, for a affected various provinces and owned by Senator Juan Ponce are one of the period extending until June 30, municipalities, killed hundreds Enrile) to resume commercial 2007. of people, destroyed some logging in Samar. On February 8, 1989, former P100M worth of crops, and The SJTC began its com- few remaining President Corazon Aquino resulted in widespread famine. mercial logging operations in imposed a moratorium on all Subsequent presidents also Samar in 1967 by virtue of old forest logging activities in Samar after seemingly recognized the Timber Licensing Agreement (TLA) No. 118. This TLA covers in the allowed SJTC to operate within 95,770 hectares of timber Philippines concession in the Samar island ......

THE DENUDING OFSAMAR 18 Human Rights FORUM importance of Samar forests. In logging in the area will cause February 20, 1996, President extreme ecological imbalance Fidel Ramos declared Samar’s and further threaten the remaining forests as forest biodiversity in the area. reserves through Presidential The United Nations Deve- Proclamation No. 774. For her lopment Program (UNDP), a part, President Gloria Maca- UN agency, also threatened to pagal-Arroyo issued Presi- pull out of the second phase of dential Proclamation No. 442 on their $12M Samar Island August 13, 2003, which laid the Biodiversity Project (SIBP) if the foundation for declaring 333,000 recent DENR decision will be hectares of Samar forests as the implemented. It was precisely Samar Island Natural Park the SIBP that gave the impetus (SINP). for Presidential Proclamation After typhoons killed 442 declaring the SINP. The SIBP thousands and devastated the 2nd Phase would have given way provinces of Quezon, Aurora to the creation of parks, admi- and Nueva Ecija during the last nistrative offices and local quarter of 2004, President government unit capability Arroyo reiterated her anti- building in management of the logging stance by suspending nature park. the issuance of new logging The logging concessions of permits. SJTC are situated in the heart of All these were disregarded the SINP. In fact, it has been by then DENR Secretary reported that 90% of the TLA is Defensor when he decided to lift inside the nature park. the logging moratorium and Meanwhile, for the Catholic granted SJTC permit to resume church and other organizations, logging in the area. this has become an emotional issue. They said that the Howls of Protest moratorium on logging in the This DENR decision put into area was a major victory for spotlight the significance of environmentalists and the Turnaround DENR secretaries have conti- Samar in the country’s people of Samar, as it put Secretary Defensor nuously denied requests of SJTC ecological map. Environmental premium on the lives and remained adamant and stood by to resume operations in the groups, people’s organizations, livelihood of Samareños. They his decision granting the area. According to Secretary non-government organizations planned to organize a massive resumption of logging of SJTC Defensor, the government has and the church protested the protest caravan on December 5, in Samar. He argued that the erred in the continued imple- lifting of the logging mora- 2005 to dramatize the effects of moratorium has lapsed on May mentation of the logging torium in the island of Samar. logging in Samar. 30, 1989 as prescribed in the moratorium. Environmental groups order. However, the previous He advised the protesters to asserted that the forests in Samar island are one of the few remaining old forest covers in the Philippines and is home to diverse flora and fauna. Environmentalists wanted to preserve the Samar forests, said to be the only healthy ones in the country. The SINP is the habitat of 900 species of flo-wering plants, 197 species of birds, and 39 species of mam-mals. The presence of endange-red species in the SINP was validated by the World Wildlife Fund (WFF). According to them, Samar forest is one of the 200 Eco Regions in the world known for its wildlife and biodiversity. Twelve of the world’s trees nearing extinction are found here. Its nine endemic bird species include the Philip- pine Eagle, one of the rarest eagles in the world, which was reported to be first spotted in 1896 in Paranas, Samar. Environmental groups argued that resumption of

Human Rights FORUM 19 test the legality of the order he signed and bring their grievances to the proper courts. Alamin ang inyong mga He also denied that the logging permit was a patronage benefit for Enrile. Environ- KARAPATAN mentalists are linking this logging concession with Defensor’s confirmation as DENR secretary by the Commission on Appointments, where Senator Enrile is a member. Enrile, for his part, was unfazed by the protests. According to him, SJTC would Samar in the first place, there harvest trees selectively; only would have been no floods in those trees which are at least 1989 that killed Samarnons and 70cms. in diameter would be resulted in famine,” added Atty. harvested. Aside from this, he Cuyco. argued, the SJTC operations And we do not need studies provide employment and to believe that. We only need to economic opportunities to remember Ormoc, and most Samar’s populace. recently, Quezon and Aurora. ANO ANG ATING MGA KARAPATAN BILANG MAMIMILI? However, after a two-hour Too many have died for the meeting with seven bishops in follies and personal interests of A. Itinatakda ng batas na ang “warranty” ng mga produkto Tacloban City, and under the some people. ay dapat na: threat of a massive protest 1) nakasulat ang mga kondisyon nito sa malinaw at madaling caravan, Secretary Defensor References: maintindihang lenggwahe; backed down. He promised the 2) nakasulat kung kanino nakapangalan ang warranty; bishops that the logging will not • Banal, C. III. Forest for the tree. 3) nakasaad kung anong produkto o anong parte ng produkto push through. This decision http://www.inq7.net/, posted on ang sakop nito; Nov. 22, 2005 effectively cancelled the caravan 4) nakasulat kung ano ang gagawin ng pinagbilhan kung ang scheduled on December 5, 2005. • Bautista, R. Samareños oppose produkto ay nasira at kung sino ang gagastos sa Enrile owned logging firm in pagpapaayos; Samar. http:// Myopic Views and Personal 5) nakasaad kung ano ang dapat gawin ng nakabili para Interests www.samarnews.com/, posted on Oct. 30, 2005 masakop ng warranty ang biniling produkto; at “The present debate on the 6) malinaw na nagsasaad ng panahon o petsa kung hanggang issue of resumption of logging • Bordadora, N. (Dec. 7, 2005). Defensor confirms report: No more kailan ang produkto ay sakop ng warranty. in the Samar Island best exhibits logging in Samar. Phil. Daily that our leaders have myopic Inquirer, p. 1 B. Sa paglalagay ng “label” o tatak sa mga produkto, maging views – they only look at their • Burgonio, T. J. (Nov. 6, 2005). lokal o “imported,” dapat ay nakasaad o nakasulat: personal interests. Of course Enrile won’t bequeath forests of 1) ang tama at nakarehistrong pangalan ng mga ito people will say that logging has Samar. Phil. Daily Inquirer, p. 2 2) ang tama at nakarehistrong ‘trademark’ employed many people in • Coronel, S. Don’t cry for me, Samar. 3) ang nakarehistrong pangalan ng negosyo o kumpanya Samar, including my relatives. http://www.pcij.org/, posted on 4) ang address ng gumawa, nag-import, at nagre-package ng It has stirred economic activity Nov. 13, 2005 produkto in the area. But we should look • Labro, V. & Burgonio, T. J. (Dec. 3, 5) ang pagkagawa at mga aktibong sangkap at the long-term effects of 2005). Defensor blinks, recalls 6) ang netong laman ng produkto sa timbang o bilang logging on the environment and Enrile’s logging permit. Phil. Daily 7) ang bansa kung saan ginawa kung “imported” the people,” said Attorney Inquirer, p. 1 8) kung ang produkto ay ginawa, inangkat, o nire-package sa Cuyco. • Manalansan, F. Saving the ilalim ng isang lisensya o kapahintulutan, dapat banggitin He added that had political Philippine environment. http:// ito leaders listened, they should bulatlat.com/news, posted on have enacted the Total Log Ban Dec. 6, 2005 K. Dagdag na kailangan sa “label” ng mga pagkain: Bill introduced by former • Rivera, B. (Nov. 3, 2005). UNDP 1) kung kelan ang “expiration date” ng produkto Senator Orlando Mercado in may quit $12M Samar project, 2) kung ang produkto ay “fully processed,” “semi-processed,” 1997. clergy protests over logging pwede nang kainin, pwede nang iluto, o mga sangkap at The biggest donor of grants resumption. Phil. Daily Inquirer, p. “mixture” lamang A1 in the country, the European 3) ang “nutritional value” ng mga ito Union, agrees with this • Rivera, B. (Nov. 5, 2005). Appeal 4) kung ang ginamit na sangkap ay “natural or synthetic” observation. A major finding of to Enrile: Bequeath forests as a study they initiated which heritage site. Phil. Daily Inquirer, p. D. Dagdag na kailangan sa “label” ng mga gamot: evaluated the root causes of the A1 1) “expiry or expiration date” environmental problems in the • Rivera, B. (Nov. 8, 2005). Defensor 2) kung ito ay maaaring maka-irita o maging “irritant” country is that “politicians and tells Samar environmentalists to 3) mga pag-iingat na kailangan bago inumin at mga “contra- businessmen are often behind file suit. Phil. Daily Inquirer, p. 1 indications” o posibleng side effects. the poaching, over fishing and • Samar Island Biodiversity logging in the country.” Foundation statement. http:// (Halaw sa “Consumer Act of the Philippines,” R.A. 7394) “Had SJTC not entered nologging.easternsamar.de/

20 Human Rights FORUM SUBIC RAPE CASE: WWW.MARINES.MIL/MARINELINK Nightmare Once Again The ties that bind: Philippine and US Marines during a joint exercise in late October, 2005 (below and top). WWW.MARINES.MIL/MARINELINK Becomes Real n By Rhoda U. Viajar Renato Dilag. Weeks later, Judge Dilag recalled the N NOVEMBER 2005, news about the rape of a warrants when he decided to 22 year-old Filipina by American servicemen grant the motion for reconsi- deration filed by Carpentier, broke the monotony of political bickerings. A who asked for a deferment of preliminary investigation of the case yielded court proceedings against him I until the Department of Justice probable cause for legal rape charges against four (DOJ) has resolved his petition US Marines. State prosecutors allege that Marine for review. News reports also Lance Cpl. Daniel Smith raped the Filipina victim said Chief State Prosecutor last November 1 inside a van at the Subic Freeport Jovencito Zuño claimed to have as fellow Marines cheered him on. Smith claims informed Dilag that warrants have been served to the he engaged in consensual sex. Americans before they were Smith and his three co- under US custody despite recalled. accused, Lance Cpl. Keith persistent calls to have them What is currently unfolding Silkwood, Lance Cpl. Dominic turned over to the Philippine before the public eyes is a tragic Duplantis, and Staff Sgt. Chad government. circumstance forewarned by Carpentier, all from the US Arrest warrants for the women’s groups and critics of Marines’ 31st Expeditionary Americans were issued on the Visiting Forces Agreement Unit, 3rd Marine Expeditionary January 13, 2006 by Olongapo (VFA). At the height of delibe- Force, are currently being held Regional Trial Court Judge rations on the VFA, social

Human Rights FORUM 21 movements and progressive organizations strongly opposed The US the agreement, highlighting its government’s disadvantageous provisions that trample on Philippine continued refusal sovereignty, and the impact on Filipino women rendered to turn over the vulnerable to sexual abuses by visiting American personnel. custody of the four With the Subic rape case, it appears that the harsh US marines is an consequence of a lopsided and affront to disastrous agreement amidst a macho and sexist culture is Philippine laws and happening. The Coalition Against its Constitution. Trafficking in Women – Asia ...... Pacific (CATW-AP), which is immune from suit, and no one among the many groups that else.” have vehemently denounced the The importance of Philip- rape of the Filipina and pine custody over the Americans On TV: a US embassy official announces that they will not give up the accused demanded for justice and full cannot be overemphasized. marines. PEPITO FRIAS accountability of the US Olongapo City Prosecutor marines, is aghast at the political Prudencio Jalandoni succinctly defending it. In the next several violated citizen. moves of the US Embassy on the captured its implications when months, it is hoped that the Yet, the Filipina rape victim issue of custody of the accused he said: “In the remote issues and questions on the VFA is also in need of healing. In GIs. possibility that the VFA is and its impact on Philippine most cases, rape victims are left “The US government’s terminated and thereafter the sovereignty will be subs- to fend for themselves. Without continued refusal to turn over court renders a judgement of tantively discussed. Groups like sufficient assistance, many carry the custody of the four US mari- conviction, it is clear that there the CATW-AP are prepared to on the pain and burden of the nes is an affront to Philippine is no way for the government wage struggles for the ter- violation inflicted upon them for laws and its Constitution,” says to be able to execute the mination of the agreement. many years. It is therefore of a statement signed by CATW- judgement if the accused are not Equally crucial issues must utmost importance that AP and several other orga- in its custody.” never be put aside. The Filipina assistance and support from the nizations. The custody issue clearly rape victim seeks justice. The Department of Social Welfare Since November, the US reveals the flaws of the Visiting Philippine government must and Development and other government has ignored the Forces Agreement, which many have custody over the US mari- groups and institutions address request of the Philippine lawmakers now want to review. nes for justice to be rendered. the victim’s needs to help her government (in the form of a Yet, the Arroyo administration, Philippine authorities must deal with and heal from the note verbale) asking for the particularly the Department of assert Philippine sovereignty trauma caused by the US surrender of the marines to Justice, seems hell-bent on and stand for the rights of a Marines’ terrible acts. Filipino authorities. The US invokes Article V paragraph 6 of the VFA which states: “The custody of any United States personnel over whom the Philippines is to exercise jurisdiction shall immediately reside with the United States, if they so request, from the commission of the offense until completion of all judicial proceedings.” CATW-AP argues that the US cannot invoke the VFA pro- vision since the US government has not even submitted any formal written request for the custody of the Marines. The anti-trafficking advo- cates further assert that continued US custody will only “unjustifiably grant[...] the accused Americans immunity from Philippine laws.” Accor- ding to them, this is a “blatant abuse of the international legal principle of diplomatic im- munity, where only foreign ambassadors and ministers are WWW.MARINES.MIL/MARINELINK

22 Human Rights FORUM HR DiGEST Wage hike dangles n By Vanessa Retuerma p. A4. F ONLY to momentarily • Avendaño, C., et al. (Nov. 9, divert public dismay on the 2005). Palace now looking at non-wage benefits. II recently implemented Philippine Daily Inquirer, p. Expanded Value Added Tax A19. (EVAT), President Gloria • Cabacungan, G. Jr. & Aning, J. Macapagal-Arroyo (PGMA) (Nov. 3, 2005). Palace: It’s announced on November 2, time Congress enacted wage increase. Philippine 2005 that she would endorse Daily Inquirer, pp. A1 & A7. and support a legislated wage • Cabacungan, G. Jr, et al. (Nov. hike to mitigate the impact of 8, 2005). GMA backtracks EVAT on wage earners. on wage hike issue. Since 1999, the labor Philippine Daily Inquirer, pp. sector has been calling for a A1 & A6. P125 across-the-board Photos by PHILRIGHTS • Castañeda, D. March to Congress: Workers to nationwide increase in the business and employers sector, PGMA endorsed to various press for wake hike, tax minimum daily wage, ten years and even her own economic concerned government agencies. exemption. http:// after Congress last legislated managers. The interests of The non-wage benefit package for bulatlat.com/news/5-48/5- a wage increase in 1989. As business and employers and low-salary workers includes 48-wage.htm of September 2005, the economic prospects for the withholding tax exemption, • Domingo, R. (Dec. 12, 2005). highest minimum wage is in Non-wage benefits country have been given priority subsidized transportation and sought for low-income Metro Manila which is currently at the expense of the access to low-priced basic goods workers. Philippine Daily pegged at P288-325 a day, unreasonably low wages and such as rice and medicines. Inquirer, p. B9. which even then is more than deplorable conditions of workers In the meantime that this non- • Maragay, F. V. (Dec. 5, 2005). fifty percent (50%) short of the in the midst of continuing wage benefit package is still being Workers’ benefits packa- average daily expenses of increases in the cost of living. ge unwrapped soon – finalized, the labor sector remains Palace. Manila Standard P681.00 for a family of six. The Instead, PGMA opted for a doubtful if it will indeed be TODAY, p. A3. lowest daily minimum wage of different approach to cushion the enough to mitigate their increa- • Maragay, F. V. (Dec. 17, 2005). P180.00 is in the Autonomous burden of EVAT on workers and to singly deteriorating conditions. Low-salary workers Region of Muslim Mindanao somehow dampen the public The labor sector will continue to exempted from tax. Manila Standard TODAY, pp. A1 & A2. (ARMM), which ironically has clamor for a legislated wage hike. struggle for a legislated P125- the highest family living wage As an alternative, PGMA urged • Maragay, F. V. (Dec. 22, 2005). wage hike so long as the Low-salary workers spa- requirement of P858. This Congress and relevant government continues to pursue red from 10% tax. Manila means that an ARMM-based government agencies to ensure misplaced policy priorities and Standard TODAY, p. A3. family of six needs at least five business/employers compliance negates the needs and welfare of • Pilapil, J. & Herrera, C. (Nov. (5) minimum wage earners to with the average 8% wage increase its workers. 11, 2005). Hopes dim for meet both their food and non- granted by the regional wage legislated pay hike. food requirements. Manila Standard TODAY, pp. board in July, while pushing for Reference: A1 & A2. But what seems to have non-wage benefits for minimum • Arao, D. 8 Breadwinners • Remo, M. (Dec. 29, 2005). been good news and a source wage earners. needed to support a family Minimum wage earners of hope for millions of In response to the President’s of six in ARMM. http:// get tax reprieve. Philip- www.bulatlat.com/news/4-33/4- pine Daily Inquirer, pp. B1 & minimum wage earners proved call, Labor Secretary Patricia Sto. 33-armm.html to be short-lived as PGMA Tomas, in consultation with the B2. • Avendaño, C. (Dec. 3, 2005). • To increase or not to hastily retracted her policy management and labor sector, Workers to get non-wage increase wages (Nov. 13, announcement after receiving recommended a package of non- benefits – but only next 2005). Philippine Daily staunch opposition from the wage benefits for workers which year. Philippine Daily Inquirer, Inquirer, p. A17. n By Bernardo D. Larin N A sworn affidavit, a key witness in the Senate Solons in P728M Fertilizer Scam I investigation on the P728M The Senate witness also stated fertilizer scam claimed that some that he himself delivered the solons and local officials received commissions to officials in Roxas millions of pesos as commissions City, Bulacan, Aklan, Guimaras, from the said fund before the May and other provinces. 2004 elections. The named solons in the Jose B. Barredo, a self- controversy denied Barredo’s confessed “errand boy” at the allegations and dismissed them Department of Agriculture (DA), as outright lies. Puentevella identified administration solons clarified that the fertilizers under Reylina Nicolas (Bulacan), Monico the DA program were delivered Puentevella (Bacolod City), Edgar directly to its district offices and Espinosa (Guimaras), and Janette that his office had nothing to do Garin (Iloilo) as those who got with the transaction. kickbacks from the fertilizer fund. PEPITO FRIAS However, the Senate interim

Human Rights FORUM 23 HR DiGEST report based on its inquiry stated fertilizer totalling to P2.8B, all that eighteen (18) months after disbursed before the May 2004 the fund was released, “no national polls. delivery of fertilizer has been Meanwhile, Bolante has verified and validated.” continued to ignore and elude Sen. Ramon Magsaysay Jr., summons for him to testify at the chair of the Senate agriculture on-going Congress investigation committee, threatened to on the fertilizer scam. recommend to the Upper House the filing of plunder raps against Sources: the officials behind the pocketing • Tubeza, P.C. (Nov. 26, 2005). of funds suspected of being used Congressmen linked to fertilizer to bankroll Pres. Arroyo’s 2004 scam fight back, Phil. Daily campaign. Inquirer, p. A2. Also, Sen. Magsaysay • Labog-Javellana, J. (Dec. 16, 2005). revealed that the fertilizer money Plunder raps in agri scam sought, was disbursed to 105 House Phil. Daily Inquirer, p. A2. members, 53 governors, and 23 PEPITO FRIAS • Burgonio, T. J. (Nov. 25, 2005). mayors picked by Under- Gentleman Mike Arroyo. budget secretary Emilia Boncodin Solons, local execs got cut from secretary Jocelyn “Joc Joc” He further stated that the was released in just one day, was fertilizer funds, says witness, Phil. Bolante, a friend of First P728M which according to former the first of the four releases for Daily Inquirer, p. A2. House debates on family planning bill n By Bernardo D. Larin ESPITE the commotion unplanned births. created by the failed According to Lagman, the D impeachment campaign family planning bill seeks to against President Arroyo in provide the people with “free and Congress, the reproductive health full access to adequate and bill or HB 3773 managed to make relevant information on it through second reading and reproductive health and a full sponsorship during the House range of family methods and TRACY PABICO deliberations in mid-December. devices.” passage of this bill will help stop continuing support to the church During the said House plenary In a related development, the or minimize abortion and prevent position on population control by session, the “Responsible Philippine Legislators Committee these women from risking their giving assurance that the Parenthood and Population on Population and Development lives. government would promote only Management Act” or HB 3773 (PLCPD) released a study which On the other hand, the natural family planning methods. was almost bumped off the revealed that at least 1,297 Catholic Church reiterated its But Rep. Lagman clarified that House’s order of business after women are having an abortion opposition to the family planning HB 3773 “is not an abortion bill.” Rep. Abraham Mitra tried to block every day. Annually, a total of bill saying that this will promote According to him, proper and the sponsorship and debate on 473,408 women undergo abortion and promiscuity among consistent use of contraceptive is this bill by questioning the abortion and 80,000 of them die the youth. an effective way to prevent quorum. of complications. Amidst the House debates on abortion instead of encouraging Champions of HB 3773 HB 3773 co-authors, Reps. the family planning bill, San it because it reduces the conducted a text barrage to urge Gilbert Remulla and Risa Fernando Archbishop Paciano incidence of “unplanned, their colleagues to support the bill Hontiveros, asserted that the Aniceto announced Pres. Arroyo’s mistimed, and unwanted preg- by attending that particular nancies.” session. For almost thirty (30) minutes the legislators came Sources: rushing in and the quorum bell • Orejas, T. and Cimatu, F. (Dec. 20, kept on ringing. When a roll call 2005). Bishop says GMA backing was made at around 7:00 p.m., Church on birth control, Phil. Daily 135 solons were declared Inquirer, p.13. present. • Herrera, C.F. (Dec. 14, 2005). 135 Rep. Edcel Lagman, one of the solons back family planning bill, 51 authors of the bill, stressed Manila Standard Today, p. A4. the urgent need for a national • Tubeza, P.C. (Dec. 14, 2005). policy that will eventually reduce Congress sets debates on bill on the rapid population growth of contraception, Phil. Daily Inquirer, 2.36 percent annually. He added p.7. that 44.3 percent of pregnancies • Herrera, C.F. (Dec. 1, 2005). in the country are unplanned and Abortions on the rise – study, this translates to 800,000 annual PEPITO FRIAS Manila Standard Today, p. 4

24 Human Rights FORUM F A C T S A N D F I G U R E S DAILY MINIMUM PAY AND FAMILY LIVING WAGE

REGION NON-AGRICULTURE FAMILY LIVING WAGE* DISPARITY (as of (INCOME SHORTFALL) September 2005) Metro Manila P288-P325 681 356-393 CAR P219-P225 665 440-446 I P197-P212 638 426-441 II P200-P208 565 357-365 III P217-P263.50 590 326.50-373 IV- A P207-P265 602 337-395 IV- B P192-P206 602 396-190 V P162-P209 575 366-413 VI P180-P205 518 313-338 VII P190-P223 657 434-467 VIII P206 428 222 IX P196 596 400 X P211-P218 570 352-359 XI P222-P224 569 345-347 XII P213.50 556 342.50 ARMM P180 858 678 CARAGA P200 (No data) - *for a family of six Source: National Wages and Productivity Commission as cited in To increase or not to increase wages, Philippine Daily Inquirer, November 13, 2005, p. A17.

COMPARATIVE WAGES IN SELECTED ASIAN COUNTRIES As of 23 January 2006 Daily Minimum Wages Monthly Wage Country/City Exchange Rate In Country Currency In US$ In Country Currency In US$ Per US$1*

Vietnam 16,233.33 - 20,866.67 a/ 1.00 - 1.29 487,000 - 626,000 1/ 29.99 - 38.56 16236.0500 (Dong)

China/Beijing 16.50 - 20.00 a/ 2.04 - 2.48 495 – 600 2/ 61.31 - 74.32 8.0734 (Yuan Renminbi)

Indonesia/Jakarta 14,208.33 a/ 1.49 426,250 3/ 44.74 9528.3000 (Rupiah)

Thailand/Bangkok 139.00 - 175.00 4/ 3.47- 4.37 4,170 - 5,250 b/ 104.11 - 131.08 40.0528 (Baht)

Philippines/ 109.00 - 325.00 5/ 2.07 - 6.17 3,270 - 9,750 b/ 62.09 -185.14 52.6630 Metro Manila (Peso) Malaysia 16.30 - 46.10 a/ 4.28 -12.09 489 - 1,383 6/ 128.26 - 362.74 3.8127 (Ringgit)

South Korea 22,720.00 7/ 22.36 681,600 b/ 670.67 1016.2965 (Won) Singapore 23.33 - 73.33 a/ 14.23 - 44.72 700 - 2,200 8/ 426.92- 1,341.75 1.6397 (Singapore Dollar)

1/ Monthly minimum wage applicable to foreign-invested enterprises, 2003 2/ Monthly minimum wage workers in Bejing,Shanghai, Shenzen, July 2004 3/ Monthly minimum wage Standard in Jakarta, January 1, 2001 4/ Daily Minimum Rate in Bangkok and other Provinces, January 1, 2005

Human Rights FORUM 25 F A C T S A N D F I G U R E S 5/ An additional P25.00 daily basic pay, effective June 16, 2005 6/ Average minimum salaries of selected Non-Executive position in the Manufacturing Sectors, 2004 7/ Minimum wage level effective September 2004 - August 2005 8/ Median monthly commencing basic wages of selected occupations in all industries, June 2003 a/ Daily equivalent of MW computed using 30 days b/ Monthly equivalent of DMW computed using 30 days

Note: Details may not add up due to rounding. Source: National Wage and Productivity Commission at http://www.nwpc.dole.gov.ph/

INFLATION RATE AND PURCHASING POWER OF PESO

(2000=100) INDICATOR 2004 2005 Inflation Rate % December 8.6 6.6 Average for the year 6.0 7.6 Purchasing power of the Peso December 0.80 0.75 Average for the year 0.83 0.77 Source: National Statistics Office

Total approved FDIs (Foreign Direct Investments) in the third quarter of 2005 expanded two-fold compared to the same quarter of the previous year. About Php 16.2 billion worth of FDIs was committed during the period, 124 percent higher than the Php 7.2 billion worth of FDI pledges received in the same quarter of last year. Investment commitments in manufacturing and services, which comprised about 97 percent of the total approved FDIs for the quarter, boosted the level of approved FDIs in the country during the period. Source: http://www.nscb.gov.ph/pressreleases/2006/06Feb06_PR-200601-ES4- 02_fdiq305.asp

FOREIGN TRADE OF THE PHILIPPINES 1990 to 2003 (F.O.B. value in million U.S. dollars)

YEAR TOTAL TRADE EXPORTS IMPORTS BALANCE OF TRADE FAVORABLE (UNFAVORABLE)

2004 79,898.00 39,598.00 40,300.00 (702) 2003 73,728.00 36,231.00 37,497.00 (1,265.00) 2002/r 70,634.67 35,208.16 35,426.51 (218.35) 2001/r 65,207.00 32,150.00 33,057.00 (907.00) 2000 72,569.13 38,078.25 34,490.87 3,587.38 NOTES: 1. Details may not add 1999 65,779.35 35,036.89 30,741.46 4,294.43 up to totals due to 1998 59,156.64 29,496.75 29,659.89 (163.14) rounding. 1997 61,161.52 25,227.70 35,933.82 (10,706.12) 2. Exports include 1996 52,969.48 20,542.55 32,426.93 (11,884.38) domestic exports and re-exports. 1995 43,984.81 17,447.19 26,537.63 (9,090.44) r - revised 1994 34,815.46 13,482.90 21,332.57 (7,849.67) 1993 28,972.21 11,374.81 17,597.40 (6,222.59) Sources: National 1992 24,343.24 9,824.31 14,518.93 (4,694.62) Statistics Office and the Bangko Sentral ng 1991 20,890.88 8,839.51 12,051.36 (3,211.85) Pilipinas. (http:// 1990 20,392.19 8,186.03 12,206.16 (4,020.13) www.nscb.gov.ph/ secstat/d_trade.asp)

26 Human Rights FORUM F A C T S A N D F I G U R E S

PHILIPPINE TRADE DESTINATIONS 2001 to 2003 (F.O.B. value in thousand U.S. dollars)

Region / Continent 2001 2002 2003 Exports ImportsExports Imports Exports Imports ASIA 15,865,598 21,061,458 18,647,284 22,745,823 21,727,621 24,483,126 ASEAN 4,986,020 5,123,898 5,529,685 5,730,106 6,581,681 6,398,136 AMERICA 9,482,615 6,923,593 9,405,910 7,871,895 7,728,585 8,011,602 EUROPE 6,269,617 3,393,456 6,424,660 3,228,265 3,302,810 3,585,988 OCEANIA 258,550 939,159 391,975 812,787 462,008 822,316 AFRICA 37,515 43,320 44,362 39,942 58,570 31,773 OTHERS 236,308 696,173 293,968 727,796 2,951,612 561,697 TOTAL 32,150,203 33,057,160 35,208,159 35,426,508 36,231,205 37,496,503 Notes: Source: National Statistics Office. 1. Details may not add up to totals due to rounding. 2. Exports include domestic exports and re-exports.

Deadly Playgrounds The Phenomenon of Child Soldiers in the Philippines HR TRiViA: THE RIGHT WORDS: ratification and accession through UN General Assembly Resolution 2200A ... my soul stood erect, exultant, (XXI) of December 16, 1966 envisioning a new world where the light of justice for every individual will be & The Convention on the Elimination of All unclouded. Forms of Discrimination against Women was adopted and opened for signature, HELEN KELLER (1880–1968) ratification and accession by the UN (Keller, who was deaf and blind but intellectually General Assembly through Resolution accomplished, wrote this in a 1948 letter to 34/180, dated December 18, 1979 former US First Lady Eleanor Roosevelt, after reading the Universal Declaration of Human & The Convention Against Torture and Rights drafted by the Commission on Human Other Cruel, Inhuman or Degrading Rights of the new United Nations. Roosevelt Treatment or Punishment was adopted and had chaired the Commission.) opened for signature, ratification and accession by General Assembly IN THIS QUARTER: resolution 39/46 on December 10, 1984 THE CHILD soldiers research project, a three-year collective undertaking of PhilRights, is a major & The Universal Declaration of Human & The Convention on the Rights of the Child achievement and contribution of the institution to the Rights, was adopted and proclaimed by was adopted by resolution 44/25 on struggle to address children’s involvement in armed the United Nations (UN) General November 20, 1989 at the Forty-fourth conflict in the country. Assembly through Resolution 217 A (III) session of the General Assembly of the on December 10, 1948. United Nations The book presents findings of interviews with 194 child soldiers involved in government-backed paramilitary & The International Covenant on Civil and & The Second Optional Protocol to the groups as well as armed rebel groups. At the time of Political Rights and the International International Covenant on Civil and Political the study, 115 of the children were still active members Covenant on Economic, Social and Cultural Rights, aiming at the abolition of the death of armed groups; only 79 of them had been Rights were adopted and opened for penalty was adopted and proclaimed by demobilized. The publication delves on the profile of signature, ratification and accession General Assembly Resolution 44/128 on Filipino child soldiers, their reasons for joining armed through UN General Assembly December 15, 1989 groups, their experiences, the effects of soldiering on Resolution 2200A (XXI) on December 16, these children, and recommendations addressing this 1966 & The International Convention on the issue. Protection of the Rights of All Migrant Workers & The Optional Protocol to the International and Members of Their Families was adopted The book is available at P250.00 a copy at the Covenant on Civil and Political Rights was by General Assembly resolution 45/158 Philippine Human Rights Information Center adopted and opened for signature, on December 18, 1990 (PhilRights), 53-B Maliksi St., Brgy. Pinyahan, Quezon City (Tel. No. 436-5686/433-1714).

Human Rights FORUM 27 Philippine Human Rights Information Center ESTABLISHED 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.

PHILIPPINE HUMAN RIGHTS INFORMATION CENTER (PHILRIGHTS) BUSINESS MAIL ENTERED AS THIRD CLASS (PM) 53-B Maliksi St., Barangay Pinyahan at Quezon City Central Post Office 1100 Quezon City Permit No.: PM-04-11-NCR

RETURNED TO SENDER Refused to accept Insufficient Address Unknown Subscriber Person Transferred Office Transferred House Closed

28 Human Rights FORUM