Finalists for 3rd HR Pinduteros Choice for HR NETWORKS POST

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[Statement] Ibasura ang Pork Barrel! Pondo ng Bayan, Direktang Ilaan sa Serbisyo at Kabuhayan -KAMP

Posted on August 22, 2013 by Human Rights Online Philippines Leave a comment

Ibasura ang Pork Barrel!
Pondo ng Bayan, Direktang Ilaan sa Serbisyo at Kabuhayan

Kahindik-hindik para sa Kampanya para sa Makataong Pamumuhay (KAMP) ang patuloy na pagkiling at pagtatanggol ng Pangulong Noynoy Aquino sa taunang alokasyon ng 25 bilyong pisong pondo ng bayan para sa Priority Development Assistance Fund (PDAF) o mas kilala sa tawag na “pork barrel” sa kabila ng umaalingasaw na anomalyang kinasasangkutan dito ng maraming mga mambabatas, kasama na ang mga kaalyado ng kasalukuyang administrasyon.

Malaking insulto sa mamamayan na hindi malaman ni PNoy kung paano at saan ilalaan ang pondo sakaling tanggalin ito sa kamay ng mga nagpapasasang konggresista’t senador. Nakapagtatakang may nakikita pa siyang kabutihang naidulot ng PDAF samantalang malinaw na hanggang ngayon ay nananatiling tatlo sa bawat sampung Pilipino o 27.9 porsyento ng kabuoang populasyon ng kanyang mga “boss” ay naghihikahos at nadagdagan ng 600,000 ang dami ng mga nakaranas ng gutom mula Enero hanggang Marso 2013.

Nasaan ang pakinabang at sino ang nakikinabang sa buwis ng sambayanan? Kapos na kapos ang serbisyong nararapat para sa mamamayan. Sa halip na gamitin ang pondo para sa pangkalahatang proteksyong panlipunang magtitiyak ng wastong pamamahagi ng kita at kayamanan ng bansa tungo sa makataong pamumuhay para sa lahat, pilit na pinanatili ni PNoy ang kalakarang nakasalalay sa personal na pagpapasya ng iilan kung paano gagastahin ang kaban ng bayan.

Wala raw pondo para sa pangunahing karapatang pantao

Noong Marso 2013, ibinasura ni PNoy ang mungkahing batas, Magna Carta of the Poor, na magtataguyod ng limang pangunahing karapatang-pantao: wasto at sapat na pagkain, disente at abot-kayang pabahay, trabaho at kabuhayan, de-kalidad na edukasyon at serbisyong pangkalusugan. Ang dahilan: walang pondo at hindi nailagay sa dokumento ang katagang “progressive realization” o papa-unlad na pagsasakatuparan ng mga karapatang ito.

Ang taunang 25 bilyong pisong alokasyon sa PDAF ay katumbas ng pabahay para sa 62,500 pamilyang informal settler (P400,000 bawat isa). Halos 30 porsyento ng 92 milyong Pilipino ay informal settler. Tatlong taon nang naghihintay ang 104,000 pamilyang mahihirap na nakatira sa mga peligrosong lugar sa Metro Manila para sa katuparan ng P50 bilyong pabahay. Pautang pa ito ni PNoy samantalang ang PDAF ay libreng ipinamimigay!

Sa 25 bilyong piso, halos 14 milyong Pilipino na ang libreng maisasali sa programa ng PhilHealth gaano man kakapos ang serbisyong ibinibigay nito. Kahit paano’y maiibsan sana ang mahigit 50 porsyentong gastusin sa serbisyong pangkalusugan na direktang nanggagaling sa bulsa ng mamamamayan (Philippine National Health Accounts 2011).

Marami pang katumbas ang perang ito. Labas pa ito sa pondong nakalaan para sa mga programang nakatakda na sa ilalim ng mga ahensya ng pamahalaan at sa mismong pork barrel ng presidente.
Buwis, i-direkta sa Serbisyo, hindi sa bulsa ng sira-ulo
Tama si PNoy nang sabihin niya sa panayam ng mamamahayag na si Maki Pulido na kung sira-ulo ang magmamaneho ng kotse, pwedeng managasa. Pero alam na nga niyang sira-ulo, bakit bibigyan pa ng kotse? Unang-una, bakit ka mamimigay ng kotse na hindi naman sa iyo?

Malinaw na hindi buung-buong napapakinabangan ng mamamayang Pilipino ang PDAF. Panahon pa ng namayapang konggresistang si Romeo Candazo, ibinulaga na niya ang karumal-dumal na kalakaran sa paggasta sa pera ng mamamayan. May “kick-back” ang mga konggresista na umaabot sa mahigit kalahati ng presyo ng bawat proyektong pinopondohan ng pork barrel.

Tama at napapanahon na alisin na ang pork barrel. Tama at makatwiran na imbestigahan si Janet Lim-Napoles upang mapalutang ang mga senador at konggresistang kasabwat nito sa karumaldumal na krimen sa taumbayan. Ngunit, mas makakamit ang tunay na hustisya kung ang PDAF ay direktang pakikinabangan ng mga mamamayan.

Nararapat na ito ay ilaan sa proteksyon ng mamamayan laban sa lumalalang kahirapan at inekwalidad. Pondohan ang pagpapalawig sa serbisyong pangkalusugan, makataong programang pabahay lalo na sa mga maralita, paglikha ng trabaho, insurance para sa mga nawalan at hindi makakuha ng hanapbuhay, nakabubuhay na pension at suporta para sa mga matatanda at specially o differently abled, tiyak at de-kalidad na edukasyon para sa mga kabataan.

Alokasyon at Paggasta ng PDAF, walang Partisipasyon ang Mamamayan. Desisyon ng presidente ang alokasyon ng PDAF. Personal na diskresyon naman ng konggresista o senador kung paano gagastahin ang pondo.

Sa kalakhan, walang mahigpit na koordinasyon ang administrasyong Aquino sa mga civil society organizations kaya nakalusot ang mga pekeng NGO na naging kasabwat pa ng ilang mambabatas sa korupsyon sa pork barrel. Tama lang na maging mahigpit ang mga patakaran para sa mga grupong tumatanggap ng anumang tulong na gagamit ng mga pag-aari ng publiko.

Pagdating sa mga konsultasyon, kalimitang isinasali ng administrasyong PNoy ay mga kaalyadong organisasyon. Kung mapasama man ang mas malawak na pormasyon, puro mabilisang pagpupulong lang at madalas ay isinasantabi ang mga mungkahi ng mga ito sa kadahilanang walang “accreditation”. Suwertehin man na maimbita sa mga limitadong konsultasyon, wala pa ring saysay ang partisipasyon kung walang pagkilala ng mga ahensya ng pamahalaan.

Maraming paraan, hindi lang sa pamamagitan ng pork barrel, upang tiyaking ang buwis ng taumbayan ay direktang magsisilbi sa interes ng sambayanan. Ang mahalaga, paigtingin ng gobyerno ang mga mekanismo para sa malawak at makabuluhang partisipasyon ng mga mamamayan mula sa pagbubuo ng plano hanggang sa implementasyon at pagsubaybay dito. Ang kagyat na pagsasabatas ng Freedom of Information Bill ay isang kritikal na hakbang upang matiyak na sinusunod ng gobyerno ang mga prinsipyo ng accountability, transparency at partisipasyon ng publiko sa mga desisyon at gawain ng pamahalaan.

Honor ng mga Aquino: puro pagbabayad ng ilehitimong utang?

“Honor all debts” ang isang pamosong slogan ng ina ni PNoy, ang namayapang Presidente Cory Aquino. Dahil dito naisakripisyo ang serbisyong panlipunan para relihiyosong bayaran ang mga utang ng Pilipinas na karamihan ay hindi pinakinabangan. Nangutang pa ang gobyerno para bayaran ang mga ilehitimong utang na pinagpasasaan lang ng pamilyang Marcos at mga crony nito.

Ngayon, “honor all political debts” yata ang nasa likod ng katigasan ng sampalataya ni PNoy sa PDAF—isang paraan upang patuloy siyang suportahan ng mga pinagkaka-utangan niya ng kanyang tagumpay sa eleksyon at mapasunod o makontrol ang mga mambabatas. At kung ang batas na kaniyang sinusunod ay tulad ng Automatic Appropriations Law on Debt Servicing na awtomatikong nagtatakda ng budget sa pambayad-utang nang walang konsultasyon sa mamamayang pumapasan nito, delikado ang sambayanan.

Sa ganitong klaseng kalakaran, walang ibang natitirang sasandalan ang taumbayan kundi ang sarili niyang lakas at kapangyarihang singilin at sipain ang mga tila nagpapanggap na lingkod-bayan.

Sa ika-26 ng Agosto, aangkinin ng mamamayang Pilipino ang lakas at kapangyarihang ito: Isang milyong martsa sa Luneta at Mendiola. ###

Ibasura ang Pork Barrel!
Makataong Pamumuhay Para sa Lahat!

Kampanya para sa Makataong Pamumuhay (KAMP)
Ika-21 ng Agosto 2013

[Statement] Human Rights Watch reaction on PNoy’s SONA 2013

Posted on July 22, 2013 by Human Rights Online Philippines Leave a comment

Human Rights Watch reaction on PNoy’s SONA 2013

“We are dismayed that President Aquino, in his State of the Nation Address today, chose not to talk about the continuing culture of impunity in the Philippines. We are disappointed that he did not take the opportunity to communicate to the military and the police that they will be held accountable for human rights violations. President Aquino’s failure to denounce abuses against outspoken activists, environmentalists, clergy and journalists sends the wrong message to abusive security forces and corrupt politicians.”

James Ross
Legal and Policy Director
Human Rights Watch

[Press Release] Support Snowball for Digitel Employees -DEU

Posted on April 11, 2013 by Human Rights Online Philippines Leave a comment

Support Snowball for Digitel Employees

Support snowball for beleaguered digital employees union (DEU), currently picketing the PLDT Main Office in Makati.

Labor organizations MAKABAYAN and Alliance of Progressive Labor (APL) troop to the DEU picket line that was set up early morning of April 9. Sixty (60) security guards and four (4) patrol cars of the Makati City Police were deployed to the area. There were reports yesterday that PLDT plans to break the picket line.

Workers demand that their labor dispute with PLDT, which has acquired DIGITEL last year, be immediately resolved.

According to DEU, closure and redundancy was PLDT’s answer to the union demand of collective bargaining and secure jobs.

DIGITEL closed last March 15.

Management has yet to talk to the picketing workers.

Yesterday, DEU received news that Labor Secretary Rosalinda Baldoz has set a conference meeting on April 16 between the union and PLDT management.

“Wag sanang pagpasa-pasahan ng DOLE at PLDT kaming mga manggagawa.” said Fritz Alzuelo, DEU Vice President.

“Hindi kami aalis dito hanggang hindi ito nareresulosyunan.” ended Alzuelo.

———————————————–

DIGITEL Employees – shifted their protest to PLDT main Office at Makati from different business offices

As early as 5:30 in the morning today, members of Digitel Employees Union (DEU) coming from different provinces of Luzon met together and put up a protest center in front of PLDT Main Office at Makati Ave corner De la Rosa St, Makati City. They are protesting the “closure and integration of Digitel operation” as an outcome of 2011 “sale” – shareholding swapping between the two communication giants.

Closure has now become an obstacle in implementing the Supreme Court Order to negotiate with the union for their collective bargaining agreement. The closure also resulted to the dismissal and Redundancy of Digitel employees.

DEU has won every case (12 cases in all) in every step of the way against Digitel, which was formally owned by John Gokongwei, from the Office of The DOLE Secretary and National Labor Relation Commission (NLRC).

CLOSURE is a clear “IWAS PUSOY” maneuver by Digitel, the latest addition to PLDT group of companies, which was acquired by PLDT last 201.

Digitel allegedly “closed down” last March 15, 2013 but the truth is the operation continues, the Digitel operation now is manned by contractual employees mostly from former Digitel employees who avail Voluntary Resignation Program (VRP) and Early Retirement Program (ERP).

Last April 2, 2013 DEU pitched five Regional Offices of Digitel (Naga, Dagupan, Rizal, Bulacan and Pampanga).

Member of Manggagawa para sa Kalayaan ng Bayan (MAKABAYAN)
22-A Domingo Guevara Street, Highway Hills, Mandaluyong City
Telefax: (632) 717 3262 Blogsite: http://digitelemployeesunion.wordpress.com

DIGITEL EMPLOYEES UNION [DEU]
PRESS RELEASE
April 10, 2013
Reference: Fritz Alzuelo – Union Vice President, 09228958758
Allan Licardo – Union President, 09225375689
Picket Direct Landline – 345 5991

DEU Briefing Paper (digitelemployeesunion.wordpress.com)

[Featured Story] Political Prisoner Longs for Freedom, The Story of Juanito Itaas (Part 1)- TFDP

Posted on March 31, 2013 by Human Rights Online Philippines 6 comments

Political Prisoner Longs for Freedom, The Story of Juanito Itaas (Part 1)
by Task Force Detainees of the Philippines

HRonlinePH.com published this article by TFDP in July 2011. We decided to reshare this article one more time in support of TFDP’s #FREEourDEFENDERS Campaign.

Juanito Itaas source: jezzdave.wordpress.com

Amidst the sound of merrymaking, Juanito Itaas addressed the visitors and his fellow inmates during the Paskuhan sa Kampo at the New Bilibid Prison (NBP) last year. He called on President Benigno Simeon Aquino III to pay attention to the plight of all political prisoners and detainees and act for their immediate release.

After his speech, a calmer Juanito, more fondly known as Nitoy, approached some of the staff of Task Force Detainees of the Philippines (TFDP) to chat. His zeal was still very evident, but there seemed to be a tinge of sadness in his eyes, which became more evident when he started to speak. Christmas, after all, is just around the corner, and despite the joy brought about by the visit of relatives and friends during the Paskuhan sa Kampo, the fact remains that for more than two decades already, Nitoy has spent Christmas locked behind the cold bars of his prison cell.

He has been previously recommended for release. But the wheels of fate did not turn in his favor.

Background

Nitoy is one of the ten children of Mamerto and Fausta Itaas of Barangay Sinuron, Sta. Cruz, Davao del Sur. Nitoy’s family tended root crops, corn and coconut as their primary source of income. Aside from farming, Nitoy’s father was a part-time pastor of the United Church of Christ in the Philippines (UCCP).

Those who knew Nitoy said that he has a big heart – helping those in need and standing up for the weak. He also joined mass mobilizations and demanded land for the tillers. When Nitoy was 15 years old, he worked in a shoe factory where he stayed for two years. After which, he sold tapes, radios and textiles in a mining site in Davao del Sur. The idea of social justice was not lost in him as he witnessed the injustices experienced by the miners. For every ten sacks of ore dug by the miners, only three remain with them. Six went to the owner of the tunnel and one to the military positioned at the entrance.

In 1981, Nitoy became a full time organizer. The death of his brother, a guerilla fighter, in 1982 all the more pushed him to continue with his involvement.

In 1984, Nitoy met Glenda, who later became his wife, in Tagum, Davao. In 1986, they got married. They continued to live in Tagum until one fateful day in 1989.

In the evening of August 27, 1989, Nitoy was with a companion and onboard a jeepney along Lizada Street corner Quezon Boulevard in Davao City, when a vehicle cut across their path. Several men alighted from the vehicle and declared a hold up. Nitoy’s companion, later identified in the newspapers as Constabulary 2nd Class Camilo Maglente, suddenly held his arms tight. Nitoy resisted but there was another vehicle whose passengers pointed their guns at him. His legs and arms were bound. He was blindfolded and in a matter of seconds, he was thrown into the back of the van. He was brought to an unidentified military barracks where he was held for questioning. The many different questions thrown at him confused Nitoy.

Based on TFDP documents, Nitoy’s military captors under the Philippine Constabulary – Criminal Investigation Service (PC-CIS) and Regional Security Unit (RSU) headed by then Lt. Cesar Mancao were the ones who tortured him.

The next morning, the interrogation continued, but Nitoy did not provide any information. The interrogators were not able to get any information from Nitoy. Hence, when his arresting officers, Lt. Mancao and a certain Boy Erno of the RSU failed to get anything from him, he was turned over to two unidentified military men where his agonizing experience began.

Immediately after he was blindfolded, handcuffed at the back, and covered at the mouth with a masking tape, the men dragged him into a vehicle. Inside, heavy blows reduced Nitoy into a shapeless heap. His captors also used the “dry submarine” on Nitoy. He eventually blacked out. After he regained consciousness and another round of punches, he admitted everything that was accused of him. The men stopped hurting him.

Nitoy further related that he lost track of the time. He was taken to several places and subjected to intense interrogation. He then remembered that when his blindfold was removed, flash bulbs blinded his strained eyes. He was presented to the media as the government’s prized catch.

A few minutes later, they went to a local airport and took a Manila-bound flight where he was accompanied by Gen. Ramon Montano, military escorts and a number of media. That was Nitoy’s first time to go to Manila. He was then committed at the Camp Crame in Quezon City where he was kept in solitary confinement for one week.

On September 1, 1989, charges of murder and frustrated murder docketed as Criminal Case Numbers Q-89-4843 and Q-89-4844 were filed before the Regional Trial Court (RTC) of Quezon City, Branch 88, for the killing of Col. James Rowe and the serious wounding of his driver, Joaquin Vinuya. The two cases were filed without preliminary investigation.

On September 8, 1989, Gen. Montano talked to him about his alleged involvement in the Rowe killing. Nitoy retracted the statements he made in Davao. He said he was only forced to admit the accusations against him because of the severe pain that was inflicted on him. Donato Continente, the other suspect in the Rowe killing, failed to identify Nitoy during a brief confrontation.

During the trial, nine witnesses were presented by the prosecution. But only one, a certain Meriam Zulueta identified Nitoy as the gunman. On cross-examination however, Zulueta admitted that her eyewitness identification was based on a single fleeting glimpse of a stranger during a startling occurrence; and that she did not have an adequate opportunity to observe the gunman’s physical feature since he was in motion when she saw him, and was holding and firing a long firearm, thus preventing her from getting a good look at him.

Aside from the testimony of Zulueta, the only evidence presented against Nitoy was his alleged extra-judicial confession, in which he purportedly admitted that he was part of a New People’s Army (NPA) assassination team responsible for the Rowe killing. The confession was signed in the presence of a lawyer, a certain Atty. Felimon Corpuz, who later admitted when he testified in court that he was a retired military lawyer and said he was summoned not by Nitoy but by the CIS to “represent” Nitoy.

Atty. Corpuz also revealed that he was not familiar with the rights of the accused when he was unable to enumerate such rights during cross-examination.

Despite the tenuous and unreliable testimony of Zulueta, the absence of a competent and independent counsel when Nitoy allegedly confessed, and Nitoy’s confession which was made under duress, the trial court rendered an unfavorable decision.

On February 27, 1991, Nitoy and his co-accused, Continente, were found guilty by Judge Tirso D. C. Velasco of RTC-Quezon City Branch 88. They were sentenced to life imprisonment (reclusion perpetua) plus a minimum of ten (10) years and a maximum of 17 years, four months and one day for the frustrated murder. Both appealed the RTC decision in 1993.

On August 25, 2000, the Supreme Court (G.R. Numbers 100801-02) affirmed the conviction of Nitoy and ruled that he was the lone principal in the killing of Rowe. Continente’s case was modified to that of an accomplice. His jail sentence was reduced to a minimum of 12 years to a maximum of 14 years and eight months for the Rowe killing and a minimum of six months and a maximum of two years and four months for the wounding of Vinuya. Continente therefore had an aggregate sentence of 12 years and six months as minimum and a maximum of 16 years. After serving his sentence, he was released on June 28, 2005.

On the other hand, the life sentence of Nitoy was retained for the Rowe killing plus another six years as minimum to nine years and six months as maximum for the Vinuya wounding.

U.S. Army Colonel James Rowe

The United States government took a great interest in the case of Nitoy. They kept a watchful eye from the time he was arrested to his incarceration and conviction. And it was not difficult to figure out why. Nitoy, after all, was accused, and later convicted for the murder of Rowe, considered to be an American hero.

James Nicholas “Nick” Rowe was a graduate of the West Point Military Academy. He later became a decorated war veteran. He joined the United States Army’s elite Green Beret Special Force and went to Vietnam in the early 1960s. He was one of only 34 American Prisoners of War (POWs) to escape captivity during the Vietnam War. Rowe was assigned as Executive Officer of Detachment A-23, 5th Special Forces Group, a 12-man “A-Team” in Vietnam in 1963. On October 29, 1963, after only three short months in Vietnam, then Lieutenant Rowe was captured by Viet Cong guerillas, along with Capt. Humberto R. Versace and Sgt. Daniel L. Pitzer. Separated from his comrades, Lt. Rowe spent 62 months in captivity with only brief encounters with fellow American POWs. He escaped from his Vietnamese captors on December 31, 1968. He authored the book, “Five Years to Freedom,” an account of his years as a prisoner of war.

Rowe retired from the United States Army in 1974. In 1981, he was recalled to active duty to design and build a course based upon his experience as a POW.

“Survival, Evasion, Resistance, and Escape” (SERE) is now a requirement for graduation from the U.S. Army Special Forces Qualification Course. SERE is taught at the Colonel James “Nick” Rowe Training Compound at Camp Mackall, North Carolina.

He was placed in command of the First Special Warfare Battalion at Fort Bragg in 1985. In 1987, he was sent to the Philippines. Rowe was assigned as Chief of the Army Division of the Joint RP – U.S. Military Advisory Group (JUSMAG). He led a group who trained the Armed Forces of the Philippines (AFP) officers on counter insurgency. He worked closely with the Central Intelligence Agency (CIA) on a strategy to infiltrate the ranks of the Communist Party of the Philippines (CPP) and the NPA.

By February 1989, Rowe acquired intelligence information that the communists were planning a major terrorist act. He warned Washington that a high-profile figure was about to be assassinated and that he himself was second or third on the assassination list.

On April 21, 1989, while Rowe was on his way to the JUSMAG Compound, his car was ambushed at the corner of Tomas Morato Street and Timog Avenue in Quezon City. Gunmen who were on board an old model Toyota Corolla car suddenly fired at his car. Rowe was instantly killed while Vinuya, his driver, was seriously wounded. The two were initially brought to the V. Luna Hospital in Quezon City. They were later transferred to the Clark Air Base Hospital in Pampanga where Vinuya was confined for four days. He sustained injuries in the head, shoulder and back portion of his left hand.

Rowe was buried on May 2, 1989 in Section 48 of the Arlington National Cemetery. Reports said that he was the highest U.S. military officer killed in the Philippines, a feat “that the United States government can hardly stomach.”

Even though the NPA owned up to the assassination, Nitoy and Continente were still arrested.

[to be continued]

[Urgent Alert] S.O.S. Friends Pls help Send Appeal to P-Noy for the Immediate Release of MARIANO UMBRERO! Political prisoner suffering STAGE 4 CANCER (hronlineph.wordpress.com)
[Statement] Protect the right to defend human rights! Freedom and Justice for Women Human Rights Defenders! -TFDP (hronlineph.com)
A Tale of Two Political Prisoners – and You Can Help Both of Them (moorbey.wordpress.com)
[Appeal] for ACTION: Warrantless Arrest of Fourteen Farmers and Six other person in Mindanao -TFDP (hronlineph.com)
Political prisoners observe Hunger strike on 23rd March Bhagat Singh’s martyrdom day for ABOLISHMENT OF #Deathpenalty (kractivist.wordpress.com)

[Press Release] DIGITEL Employees Shave Heads in Protest, Motion for Execution Pushed -Kilusan

Posted on March 18, 2013 by Human Rights Online Philippines 2 comments

DIGITEL Employees Shave Heads in Protest, Motion for Execution Pushed

Manila—Shaving their heads to underline their protest, Digitel employees picketed in front of the Department of Labor and Employment Office this morning, demanding that Labor Secretary Rosalinda Baldoz immediately issue a Motion for Execution of the Supreme Court Decision last January 21,2013 ruling that DIGITEL (now under the PLDT Group) is guilty of unfair labor practice, that the earlier dismissed workers must be reinstated and that management immediately commence collective bargaining proceedings with the certified bargaining agent, Digitel Employees Union or DEU.

CLOSURE

“ We won in all cases… but now it will come to nothing if the DOLE Secretary and Court can’t prevent DIGITEL/PLDT merger from closing down DIGITEL and integrate its operation to PLDT as pretext to redundancy,” explained Allan Licardo, DEU President.

“Anong halaga ng DESISYON kung wala na ang mga EMPLEYADO. Hindi lang ang Digitel/PLDT ang may kasalanan at maaring sisihin, ang pagsasawalang kibo ng opisina ng DOLE ay may malaking parte din dito,” added Licardo.

All the surviving Digitel employees/DEU members will be dismissed under closure/integration cum redundancy program of Digitel/PLDT.

He added that in four instances DOLE came down with an Assumption of Jurisdiction (AJ) order every time they were poised to strike, in reaction to the mass lay off/dismissal by Digitel management and the continued refusal to start collective bargaining negotiations.

“ We went along with all the legal procedures until our case reached Supreme Court and got a favourable decision but in the midst of this our membership was continuously under attack by outsourcing, harassment and mass lay-off perpetuated by management,” lamented Licardo. DEU members are now only around 100 from almost 1,000 in 2005.

‘Palusot’

Pete Pinlac-MAKABAYAN Chairperson said that the present closure – integration of Digitel operation to PLDT cum redundancy is really a scheme to get rid of the union and the regular employees to replace them with contractual workers. “ Palusot lang ito ng management para hindi na kailangang ipatupad ang desisyon ng korte,” pointed out Pinlac

Licardo appealed to President Aquino to look into the plight of Digitel Workers.

Press Release
March 18, 2013

By: Digitel Employees Union (DEU)
Allan Licardo – union president
Contact number – 09225375689

Kilusan para sa Pambansang Demokrasya [KILUSAN]
#22-A Domingo Guevarra Street, Brgy. Highway Hills, Mandaluyong City 1550 Philippines
TeleFax: (632) 717 3262 Email: kpdpilipinas@gmail.com
Web: http://www.kpdpilipinas.com

[Statement] New Compensation Law (RA10368) for victims of human rights violations: right step but not enough to end Marcos impunity -PAHRA

Posted on February 26, 2013 by Human Rights Online Philippines Leave a comment

PAHRA STATEMENT:

NEW COMPENSATION LAW, (Republic Act 10368)
FOR VICTIMS OF HUMAN RIGHTS VIOLATIONS:
RIGHT STEP BUT NOT ENOUGH TO END
MARCOS IMPUNITY

On January 23, 1977, the newspaper Bulletin Today bannered this headline: “One-sided press reports scored. No violations of human rights – FM”.

Ferdinand Marcos was then vehemently denying the reports of massive and grave human rights violations perpetrated since his seizing a second term presidency by imposing martial law on September 21, 1972. Mainly documented by the Task Force Detainees of the Philippines (TFDP), established by the Association of Religious Superiors in the Philippines (AMRSP) in 1974, these violations reached the international community and the then U.N. Commission on Human Rights. Marcos used the State machinery to produce a coercive environment and to engender a culture of impunity that persist till the present.

After seven and twenty years since the downfall of the Marcos dictatorship, there is finally a law which acknowledges the long-known truth held by people that there were human rights violations, such as arbitrary and illegal arrests, extrajudicial killings, enforced disappearances and torture, committed by the martial law regime. It is only correct and just to recognize and memorialize all the heroes and martyrs who fought against repression and who courageously struggled for human and people’s rights.

Signing into law the Bill which compensates the victims of human rights violations during the martial law period is the right step towards ending the Marcos impunity and obtaining both justice and healing.
PAHRA commends both Congress and the Administration of President Benigno S. Aquino III for this legislative act that shatters a Marcosian myth and propaganda that there were no human rights

PAHRA, nonetheless, believes and stands that while the law gives recognition and compensation to the victims of human rights violations, it is not enough to break through and to end the impunity unleashed by Marcos. The U.N. Updated Principles in Combating Impunity enumerate some State obligations still need to be complied with:

The Right to Truth – wherein it ensures the individual’s, as well as, the victim’s families and relatives right to know the circumstances and reasons for the victim’s torture, enforced disappearance or extrajudicial killing. For this end, Benigno S. Aquino III, as Chief Executive and Commander-in-Chief, should order all services of the security forces to de-classify all reports and data related to the martial law period. We recommend strongly here the passage into law of the right to information. The Office of the President should also institutionalize or calendar the President’s public paying of respects to the heroes and martyrs who fought the imposition of martial law and its adverse effects on human rights.

The Right to Justice –means bringing the perpetrators of violations to account – whether in criminal, civil, administrative or disciplinary proceedings – since they are not subject to any inquiry that might lead to their being accused, arrested, tried and, if found guilty, sentenced to appropriate penalties, and to making reparations to their victims.

There will be no closure to the wounds caused by the martial law period if there is no justice.

The State obligations to institute reforms to ensure the non-recurrence of these violations include the passage of legislation criminalizing extra-judicial killings and responding to the plight of internally displaced persons (IDPs). This also means the establishment and operationalization of national monitoring mechanisms.

EDSA people power ended Ferdinand E. Marcos’ one-man, martial law rule but has not completely dealt with and eliminated impunity.

PAHRA calls on and will join all people of good-will to determinedly combat impunity.

[Press Release] Children advocates to push for “child-centered” elections -Bata Muna

Posted on February 8, 2013 by Human Rights Online Philippines Leave a comment

Children advocates to push for “child-centered” elections

Manila, Philippines – A group of non-government and civil society organizations and child-led groups working for the protection of children’s rights will embark on a campaign that will advance children’s issues at the center of electoral discussions this May 2013 national elections.

The nationwide campaign, dubbed as “Bata Muna” will urge candidates to adopt a political platform that will stand up for children and their rights. It will also educate voters to choose candidates that do not only kiss and hug babies during sorties, but candidates who have concrete policies and programs for children.

“This campaign aims to educate voters, candidates and the general public on the urgency of children’s issues and to bring these issues into the heart of public discussion and debate specifically for the coming elections. We hope to raise as many voices as possible, including the voices of children themselves, calling on every voter to vote for candidates who will stand up for children’s rights,” says Anna Lindenfors, Country Director of Save the Children in the Philippines.

“The campaign also aims to convince political candidates to include the issues of children in their electoral platform,” adds Lindenfors.

The Philippines, having ratified the UN Convention on the Rights of the Child (UN CRC), has an obligation to do its best, to the full extent of its resources, to make sure that the rights of the child are realized in the country. Currently, 193 countries are signatory to the UN CRC.

Meanwhile, Rodelio Ablir, Executive Director of the Samahan ng Mamamayan – Zone One Tondo Organization (SM-ZOTO) opines, “we have to carefully check and elect government officials that truly care for our children and their rights. During elections, candidates repetitively boast that they care for children only to realize that very few of them, when elected, will responsibly stand up for our kids. It is very disappointing that legislative proposals that are meant to protect our children are not considered important and had to take a back seat, while bills that threaten children’s well-being are persistently being pushed.”

“For example, our senators and congressmen are leaving the proposed positive discipline bill behind while fast tracking the amendments of the juvenile justice law specially lowering the minimum age of criminal responsibility from 15 to 12. It seems that our legislators, now in the bicameral level, are more motivated in sending children beginning the age of 12 into jail while at the same time are very cautious in taking up banning corporal punishment of children, still pending at 1st reading in the Senate as of this time” adds Ablir.

Lindenfors explains that children constitute the biggest proportion of the population that access basic services from the government. Thus, they suffer the most when services are poor or lacking, or when government is weak or inefficient. Just like any other citizen, children deserve quality programs and services. They deserve accountable, responsive and honest government officials who will look after their best interest.

“If we have these kinds of leaders in office, parents will no longer worry if they have a sick child, if they don’t have enough money for their children’s schooling or if their child is outside of their home because they know that their government will protect and provide quality services for their children,” she explains.

It has been observed that, across the world, bad governance has had a devastating effect on children, often contributing to conflict, climate change, poverty and, ultimately, the failure to promote the survival and wellbeing of the most marginalized.

The nationwide campaign will kick off in March with a solidarity launch to be jointly organized by Save the Children, SM-ZOTO, Plan International, ChildFund, Asia ACTs, Children Talk to Children (C2C) about the UN CRC Project and WomanHealth Philippines. The highlight of the campaign is a dialogue between the political candidates and children. ENDS

For more info, please contact:
Angel Tiamson-Saceda, Communications Officer, Save the Children
angel.saceda@savethechildren.org +63 9178590759

Notes to Editors:

Save the Children is the world’s leading independent organization for children. We work in 120 countries. We save children’s lives; we fight for their rights; we help them fulfill their potential.

We work together, with our partners, to inspire breakthroughs in the way the world treats children and to achieve immediate and lasting change in their lives with programs in health, nutrition, education, protection and child rights, also in times of humanitarian crises.

Samahan ng Mamamayan – Zone One Tondo Organization, popularly known as ZOTO, is one of the oldest people’s organizations in the Philippines. For more than 40 years now since its founding during the Martial Law years, ZOTO continues to implement integrated community development programs to empower the poor in claiming their human rights. Today, the organization is composed of 646 local urban poor organizations with 32,777 members in 28 urban poor relocation areas in the NCR, Cavite, Bulacan, Pampanga and Rizal.

Plan is an international humanitarian, child-centered development organization working in 69 countries worldwide. Our presence in the Philippines traces back to 1961 when Plan was invited by Carlos P. Romulo, to work in the country. For over 50 years now, our work and investment have been broadly based around key issues affecting children: education, health, livelihood, governance, water and environmental sanitation, child protection and disaster risk reduction and management. We are present in six of the country’s poorest provinces: Masbate, Occidental Mindoro, Eastern Samar, Western Samar, Northern Samar, and Southern Leyte. We also have special projects in Iligan, Cagayan de Oro, Maguindanao, Compostela Valley, and Davao Oriental in Mindanao, and Tanay, Rizal in Luzon.

Plan’s vision is of a world in which all children realize their full potential in societies that respect people’s rights and dignity. Child Centered Community Development (CCCD) is Plan’s Child Rights approach in which children, families and communities are active and leading participants in their own development. This approach recognizes the intrinsic link between poverty and rights, where poverty is both a cause and consequence of the denial of rights.

ChildFund helps deprived, excluded and vulnerable children have the capacity to improve their lives and the opportunity to become young adults, parents and leaders who bring lasting and positive change to their communities. We promote societies whose individuals and institutions participate in valuing, protecting and advancing the worth and rights of children.”

Asia ACTs is a regional network of organizations working together to protect all children in Southeast Asia from exploitation and abuse. With partners in Burma, Cambodia, Indonesia, Lao PDR, Philippines, Thailand and Vietnam, Asia ACTs aims to create a wider community that protects violence against children and to establish strong and effective child protection mechanisms.

Children Talk to Children (C2C) about the UN CRC Project is a joint initiative of four child-led organizations. The project aims to support children in preparing and submitting their own report to the UN Committee on the Rights of the Child; and develop children’s skills in engaging the government and the general public in raising and addressing children’s issues. The project is involving girls and boys aged 10-17 years old based in urban communities in Metro Manila and Cavite Province. A Project Team, a core group of 24 children, leads the planning, implementation and evaluation of project activities.

Began in 2009, the C2C Project has been implementing activities to monitor the implementation of children’s rights both at the local and national levels. Furthermore, the Project has been conducting national level campaigns to hold government accountable to children’s rights and to provide spaces for different children’s organizations to meet and discuss the situation of children and actions government should take to improve the lives of boys and girls.

Since then, the Project was able to produce two magazines named Teka Muna, Bata Muna (Wait a minute, let’s put children first). The first magazine was issues in 2009. It contains artworks, games, articles and stories that children did to raise awareness on children’s rights, child rights monitoring and issues. The second magazine was issues in 2012. It contains research findings and children’s recommendations on six priority issues of children namely early pregnancy, corporal punishment, lack of safe space for children, out of school children, less participation of children and child labor. Children Talk to Children (C2C) about the UN CRC Project is a joint initiative of four child-led organizations. The project aims to support children in preparing and submitting their own report to the UN Committee on the Rights of the Child; and develop children’s skills in engaging the government and the general public in raising and addressing children’s issues. The project is involving girls and boys aged 10-17 years old based in urban communities in Metro Manila and Cavite Province. A Project Team, a core group of 24 children, leads the planning, implementation and evaluation of project activities. Began in 2009, the C2C Project has been implementing activities to monitor the implementation of children’s rights both at the local and national levels. Furthermore, the Project has been conducting national level campaigns to hold government accountable to children’s rights and to provide spaces for different children’s organizations to meet and discuss the situation of children and actions government should take to improve the lives of boys and girls. Since then, the Project was able to produce two magazines named Teka Muna, Bata Muna (Wait a minute, let’s put children first). The first magazine was issues in 2009. It contains artworks, games, articles and stories that children did to raise awareness on children’s rights, child rights monitoring and issues. The second magazine was issues in 2012. It contains research findings and children’s recommendations on six priority issues of children namely early pregnancy, corporal punishment, lack of safe space for children, out of school children, less participation of children and child labor.

WomanHealth Philippines is a national organization that promotes, advances and defends women’s rights to health, reproductive self-determination and sexuality towards women’s empowerment in society. A critical part of our work is collaborating with women and communities to claim their right to health through appropriate programs and increased resources to reduce infant, child and maternal mortality, and early pregnancy, and ensure access to universal health care for all.

https://www.facebook.com/notes/bata-muna/children-advocates-to-push-for-child-centered-elections/420415821376474

News Release
8 February 2013

[Press Release] Summit on Credible Cebu Elections 2013 to Propose Concrete Actions for Electoral Reforms -Visayas Clergy Discernment Group

Posted on February 3, 2013 by Human Rights Online Philippines Leave a comment

Summit on Credible Cebu Elections 2013
to Propose Concrete Actions for Electoral Reforms

The Cebu Archdiocese through the Office of the Archbishop, in partnership with the Comelec-7 and DepED-7, will launch a summit to explore concrete actions in addressing election issues in Cebu.

The “Summit on Credible Cebu Elections 2013:Addressing the Most Challenging Election Issues” will be on February 23, 2013, from 8:00 a.m. to 5 p.m., at the Cebu Mariners’ Court, Pier 1, Cebu City.

Around 1,000 individuals are expected to participate in the Summit, namely: COMELEC Election Officers, DepED Supervisors, Cebu Clergy, NGO’s/PO’s representatives, Universities and Colleges Representatives (Administrators/Faculty), Youth Leaders, PNP (Regional, Province, City) Directors, representatives from media, political parties, LGUs, business, and religious/faith-based communities/councils.

Cebu Archbishop Most Rev. Jose S. Palma in his invitation to different groups said that the Summit will “endeavor to forge maximum unity in embracing electoral advocacy and in implementing the needed concrete strategies for electoral reforms.”

During the Summit, there will be workshops on the following concerns: 1. Vote-buying, 2. Electoral Rules Violations/Irregularities, 3. Political Dynasty, 4. Sectoral Agenda.

The workshop on the Sectoral Agenda are for the following sectors– farmers, fisherfolk, urban poor (informal settlers, vendors, drivers), workers, women, youth, elderly and persons with disabilities.

To prepare for the summit, some law schools in Cebu are studying the said election issues and will propose policy reforms.

Speakers during the Summit are Cebu Archbishop Jose S. Palma, Visayas Clergy Discernment Group Head Convenor Bishop Gerardo A. Alminaza, Secretary of Education Bro. Armin A. Luistro, FSC, and Comelec 7 Regional Director Temie Lambino.

Registration fee is P250.00 per participant to cover for lunch, snacks and handouts. For inquiries, please contact the Archdiocesan Discernment Group Secretariat (Dottie) at Telephone No. (032) 255-2743.

For Reference:
MSGR. ROMUALDO G. KINTANAR
Convenor, Archdiocesan Discernment Group
Tel. No. (032) 272-8091

February 2, 2013
Press Release

[Statement] Anti-Enforced Disappearance Law: A Precious Christmas Gift to All Filipino Desaparecidos -AFAD

Posted on December 23, 2012 by Human Rights Online Philippines 2 comments

Anti-Enforced Disappearance Law:
A Precious Christmas Gift to All Filipino Desaparecidos

The Asian Federation Against Involuntary Disappearances (AFAD) joins the Families of Victims of Involuntary Disappearance (FIND) and other human rights groups in the Philippines in jubilation for Pres. Benigno Simeon Aquino III’s signing into law the Republic Act No. 10350, otherwise known as the Anti- Enforced Disappearance Act of 2012.

His Excellency’s signing of this new human rights law is a precious Christmas gift to all Filipino desaparecidos and their families. Not only does the law aim to address the phenomenon of enforced disappearance, which has persisted in the country even after Martial Law; it is also worthy of emulation by other Asian countries being the first domestic law against enforced disappearance in a region marred by disappearances reported to the UN in recent years and bereft of strong regional mechanisms for human rights protection.

Although the Republic Act 10350 is one concrete answer to the problem of enforced disappearance, it is not its absolute answer. It is not a one size fits all nor it is a quick fix solution. Other legal measures and institutional reforms must be made in order to complete the mantle of human rights protection for everyone. It is therefore, imperative for the Philippine government to accede to the International Convention for the Protection of All Persons from Enforced Disappearance as a fulfillment of its voluntary pledges and commitment before the UN Human Rights Council. Further, the Philippines also needs to recognize the competence of the UN Committee on Enforced Disappearance as provided for by Arts. 31 and 32 of the Convention.

The Convention and the domestic law are complementary legal measures that can enhance the capacity of any state party to effectively perform its human rights obligations particularly the guarantee and protection of the right not to be subjected to enforced disappearances.

While we laud Pres. Aquino’s signing of this law as an expression of his government’s commitment to human rights, it is not the end-in-itself. The government must ensure its full implementation to make it an effective tool for accountability, thus contributing to end impunity.

The Implementing Rules and Regulations (IRR) for the law’s effective implementation must be formulated and jointly promulgated by government representatives and families of the disappeared within 30 days upon the law’s effectivity. The IRR can make or break the law. The formulation of the IRR must be within the minimum international human rights standards and must fully capture the law’s very spirit and letter.

While the signing of the law is an executive act, it is a people’s act – an act especially of the families of the victims and human rights advocates –they indefatigably struggled and continue to struggle to make it happen. We also take this opportunity to thank the principal authors and sponsors of both Houses of the Philippine Congress, particularly Rep. Edcel Lagman of Albay for championing the cause of the disappeared and their families. We also thank our friends in the media for helping us raise public awareness and elevate this issue from a parochial to a societal concern.

The Anti-Enforced Disappearance Law is a major leap in our struggle for truth, justice, redress, reparation, memory and guarantees of non-repetition. Every step brings our collective march closer to our goal of attaining a world free from enforced disappearance.

AFAD Statement
22 December 2012

[Press Release] Teachers ask DEPED to expedite the release of bonus -TDC

Posted on December 18, 2012 by Human Rights Online Philippines 6 comments

Teachers ask DEPED to expedite the release of bonus

The Teachers’ Dignity Coalition (TDC) calls on the Department of Education (DepEd) to release a department guidelines to implement the Performance-Based Bonus (PBB) for its more than 500, 000 employees this year. Last week the group staged a protest at the gates of the Budget Department to denounce the deliberate cutting down of their traditional P10, 000.00 productivity enhancement incentive (PEI) by half. The symbolic caroling was followed by a dialoigue with some DBM officials.

“The traditional year-end incentive amounting to P10, 000.00 which we also call P-Noy should be enhanced especially this year that the government employees face many challenges.” Said Caloocan teacher Benjo Basas who also the the group’s national chairperson.

Basas continued, “Until now, the DepEd has no clear guidelines to implement the order of the president contained in his EO No. 80 last July. Thus, the amount which we expect before Christmas may be delayed.”

The group is worried that the teachers and DepEd employees would not receive the PBB or even the PEI before Christmas due to time limitation.

For this year, teachers and government employees would be entitled to a PEI in the amount of P5, 000.00 and a performance-based bonus (PBB) that varies depending on the performance of the agency and the individual employee. Thus the PBB would range from P5, 000.00 for the good performing individuals in a good performing agency up to P35, 000.00 for the best performing individuals in the best performing agencies. Best performing agencies are those in the top 10% while the better performing are those in the next 25% and the good performing or actually the least performing agencies are those in the bottom 65 per cent.

The group however dismisses the PBB scheme for being unfair, divisive and deceptive and instead calls for an across the board incentive that according to them “will benefit all the government employees and public school teachers and could reach the supposed recipients on time.”

Previously, PEI is released to government employees before Christmas break. “But for this year, the guidelines to determine the performance of agencies was only released by the inter-agency task force (IATF) lead by DBM last November 12, the agencies, especially the Department of Education (DepEd) would have a hard time to comply with the complicated requirements to determine the eligibility of agencies and employees to the PBB.” Basas added.

The group reiterates their call to the DBM and President Aquino to defer the implementation of the PBB this year and instead provide the P10, 000.00 across-the-board PEI to all government employees.

“For this year, the PBB would not be practical. The president may opt to give us the 10, 000.00 PEI or even greater amount. He should play a Santa for his employees.” Basas ended.

For details: Benjo Basas, 0920-5740241/3853437

[Press Release] Mining operations in Salcedo, Eastern Samar is “out of control” -PMPI

Posted on October 20, 2012 by Human Rights Online Philippines One comment

Mining operations in Salcedo, Eastern Samar is “out of control”

The government authorities have failed to enforce laws to protect human rights of the mining affected community in the province of Eastern Samar particularly in the town of Salcedo, said Atty. Mario Maderazo, Legal and Advocacy Officer of the Philippine Misereor Partnership Inc. (PMPI).

PMPI, a member of the Task Force Salcedo (Multi-Sectoral Monitoring Committee) stressed this lack of enforcement has led to “pervasive lawlessness” and “environment of fear” in the mining affected community of Salcedo.

The Task Force Salcedo is composed of several representatives of the Church, government agencies, peoples’ organizations and Civil Society Organizations to ensure and maintain cooperation with and coordinated response and action to address and resolve human rights issues in Salcedo, Eastern Samar. It was formed as a result of the dialogue conducted last July 27, 2012.

In its report, the group alleges that many alleged human rights violations in Brgy. Carapdapan and other parts of Salcedo, Eastern Samar since March 2012 are attributed, in large part, to the local communities’ opposition to mining.

In a 16-page report of the Fact Finding Mission (FFM), “Mining Rush in Salcedo, Eastern Samar, Rakes Up Violence and Social Conflicts”, which was released on Friday at a press conference at Archdiocese of Palo in Leyte, the Task Force Salcedo emphasized the perceived propensity of some government authorities to favor mining companies only exacerbated the tension within the community.

The FFM was conducted last July 24-27, 2012 by representatives of eighteen (18) national and regional-based organizations led by the Diocesan Commission on Social Action (DSAC) of the Diocese of Borongan, Eastern Samar.

Ian Mosquisa Director of the Social Action Center (SAC) of Diocese of Borongan said “maintaining peace and order in Brgy. Carapdapan and other parts of Salcedo, Eastern Samar, by the authorities must be firmly grounded in the principles of human rights and rule of law. In this regard, accountability is a key, on the part of the authorities, that all those suspected of committing negligence and violating pertinent laws must be investigated and, where appropriate prosecuted.”

“The government has encouraged lawlessness by failing to enforce the law or even monitor whether mine operators are complying with it,” Mosquisa added.

Human rights violations

Salcedo has been hit by several mining related human rights violations in recent months.

The FFM report said that there are laws and regulations on mining to protect mining affected community from harm and violence, but their enforcement has essentially “collapsed”.

Last May 1, 2012, Mr. Francisco “Mano Ansing” Canayong, known human rights defender working in the campaign against mining in Brgy. Carapdapan, Salcedo and other parts of Eastern Samar, was killed. The authorities had been alerted of death threats against him and other human rights defenders a few weeks before the killing, Fr. Juderick Canlumpiano, DSAC Chairperson said.

The motive of the killing is directly related to Mr. Canayong’s work in the campaign against mining in Brgy. Carapdapan and other parts of Salcedo, Eastern Samar. Thus the findings are contrary to the initial report conducted by the CHR Region VIII in its Investigation Report saying that the killing of Mr. Canayong “could not have been mining-related,” is one of the findings of the FFM.

“Statements from witnesses and complainants, and documentary evidences gathered by the Mission have shown the lack of effective response by authorities to the killing of Mr. Canayong and alleged threats and harassment to human rights defenders of Brgy. Carapdapan, has resulted in the prevailing environment of fear amongst the population in the said mining affected community,” Farah Diva Gamalo of the Task Force Detainees of the Philippines (TFDP)-Visayas stressed.

Three Catholic bishops namely Bishops Crispin Varquez of Borongan, Isabelo Abarquez of Calbayog and Emmanuel Trance of Catarman have voiced outrage over the murder of an anti-mining advocate in the province through a pastoral letter last May 18, 2012.

Based on the records of the Department of Environment and Natural Resources (DENR), Mines and Geosciences Bureau (MGB) Regional Office VIII, there are ongoing extraction of chromite ore by subsistence miners and buying/trading of said ores in Salcedo, Eastern Samar particularly in five barangays namely: Carapdapan, Cantamoja, Camanga, Palanas and Cagaut. The identified buyers/ traders of extracted chromite ores are Yinshu Mining Corporation, Terrestial Mining Corporation and Exotic Treasure Collection Mining Corporation.

[Statement] Stop Cyber-dictatorship! SCRAP the cybercrime prevention act now! -SANLAKAS

Posted on October 2, 2012 by Human Rights Online Philippines One comment

Stop Cyber-dictatorship!
SCRAP the cybercrime prevention act now!

CONTEXT

1. Historically, the Philippines–US bilateral relationship has always been an unequal and unjust partnership which almost constantly favors America and its global strategic interests. Politically, the Manila-Washington axis continues to be characterized by the former’s dependency on the latter as the Philippines remains chained to America’s economic conditional impositions. And from this material-conscious servitude to US imperialism, springs the Philippine ruling elite’s deliberately forged executive-legislative-judicial infrastructure, and their respective processes which are constitutionally skewed to uphold both countries’ ruling-class agendas. Hence, the Philippine state has long been a loyal copier of American laws and jurisprudence for over a century and still counting.

2. In the immediate aftermath of 9/11, the USA Patriot Act was swiftly passed by the US Congress in reaction to international terrorism. Until today, this law remains one of America’s most authoritarian and dangerously anti-democratic legal instruments in the hands of the US federal government. Indeed, it is actually a choice weapon of the US Government to fundamentally suppress any type of democratic freedoms, legitimate dissent, and free speech in direct violation of the principled rights inherent to the US Constitution’s First Amendment (part of Bill of Rights). As such, the USA Patriot Act officially provides the US Government with a sweeping authority to spy on individuals inside the United States, and in some instances, without any suspicion of wrongdoing at all.

3. The USA Patriot Act plus other similar American laws (i.e. the National Security Surveillance Act of 2006, the National Defense Authorization Act of 2012, etc.) presently form a collective set of federal government-controlled legal instruments that act as pillars to a nationally-coordinated state security-surveillance superstructure. The political-security thrust of this legally-upheld state-surveillance infrastructure is to suppress any existing or potential democratic dissent that may yet lead to the undermining of American national security interests as defined by Washington’s own ‘ruling circle of 1%’. The impact of this, however, is to instill a sense of mass fear among the general populace so as to ensure a higher level of compliance to the government’s assertions and to secure broader support towards American national unity in the face of international terrorism.

4. To be clear about this eminent danger, we should also not forget the unabashed and blatant readiness of the US Government to broaden its national state-security doctrinal space. For example, the recently killed bill to enact a Stop Online Piracy Act (SOPA) was a recent success story in mobilizing global mass support against a US Congress measure green-lighting cyber-suppression on a massive scale. However, this does not mean that the SOPA initiative is legislatively dead because it can yet be revived in another form and/or manner in the future. Likewise, another dangerous bill that was recently killed in the US Senate was the Cybersecurity Act of 2012. Both of these measures had strong provisions which would have given the US Government even more legal powers to greatly monitor and spy on unsuspecting ordinary netizens in defense of America’s national security. Had both bills been passed into law, the US state security-surveillance superstructure would have been gifted with more enormous powers to largely destroy established American democratic norms and values and with them, the people’s rights and freedoms.

5. Today, more than a decade after the Bush-II White House launched its ‘Global War of Terror’ to terrorize the world into submission, many countries continue to follow America’s lead in ‘state-terrorist legislation’, especially the Philippines. So far, around thirty-three countries allied with America in the Washington-led ‘Coalition of the Killing’ have already passed their own national counterpart versions of the USA Patriot Act. And in the Philippines, our very own Human Security Act of 2007 (the Anti-Terrorism Law/ATL) is a template copy of its American mother-law, including its provisions related to the electronic surveillance of suspected terrorists. Since the country’s old Anti-Subversion Law was repealed in September 1992, the ATL essentially became a replacement law and the first of a developing series of state security-surveillance pillars aping the American state-surveillance superstructure.

6. At present, a major global thrust of many states is to legislate pre-emptive protective measures to prevent their own citizenry from attempting to overthrow authoritarian, anti-democratic, illegitimate, and anti-poor people regimes in the future. A common trend in this area of democratic suppression is to initiate and enforce national laws related to the electronic surveillance of internet systems. The international impact of the wide-scale use of the internet and various social media platforms as transformational weapons during the 2011 Arab Revolutionary Upsurge have not been unnoticed by nervous governments. Thus, many reactionary states are now quickly reacting to disarm these cyber-weapons of mass democratization before their national leaderships are thrown from their shaky thrones by people’s power revolutions tomorrow.

CYBER-DICTATORSHIP

7. Both the Anti-Terrorism Law (ATL) and the Cybercrime Prevention Law (CPL) effectively reinforce the US imperialist global thrust to ultimately establish a worldwide infrastructure network of domestic laws aimed at protecting and strengthening national state-security-oriented regimes. This is being pursued by arming pro-US puppet-states with laws to protect themselves from possibly being overthrown by their own sovereign masses employing cyber technology-devices as tools for mass-mobilizing against tyrannical and anti-poor people regimes.

8. Wiretapping by state security forces remains illegal and the state is strictly mandated to uphold the anti-wiretapping law. However, the Cybercrime Prevention Law is today a clear and present weapon of the Philippine state because it now legalizes and legitimizes the wide-scale monitoring of ordinary citizens through cyber-surveillance. In fact, the SOPA provisions on internet monitoring are now silently operational within the legal parameters of the CPL. Thus, potential ‘enemies of the state’ from among the ordinary netizenry can now be selectively and/or wholly targeted by the state without their knowledge because the latter is now legally authorized to do so.

9. Reflective of the gross anti-democratic and authoritarian intentions of the USA Patriot Act, the CPL can already and deliberately be used by the Philippine state to suppress any form of organized democratic dissent and/or resistance (i.e. People’s Power) against the national government. The state can potentially use the CPL to unleash repression against organizations that use and/or rely on the internet system for maintaining the democratic balance while rallying popular support against an already illegitimately-viewed national government. In other words, before another EDSA People’s Power Revolutionary Uprising (or a Tahrir Square revolutionary mass insurrection) can occur, the Philippine state security forces, by applying the CPL, could instantly kill a future democratic revolution in order to uphold an illegitimate, repressive, and much-hated status quo.

10. As of now, Republic Act No. 10175 (the Cybercrime Prevention Law) is already in place as a ready weapon of the Philippine state and just awaiting Malacañang’s orders. Being the second pillar to the ATL’s first pillar as part of a budding overall state-surveillance superstructure in the Philippines, we must all be dreadfully alarmed at this frightful and dangerous trend imposed upon our people by the PNoy Regime. Following the structure and processes of its American counterparts, RA 10175 is now in legal effect and will soon be fully operational once the CPL’s Implementing Rules and Regulations (IRR) come out not later than December 11 of this year. And the moment the CPL becomes fully operational, several of its key provisions mirroring some of the US state-surveillance laws can have a long-term damaging impact, with some possible virtual collateral damage, across the Philippine internet community and our society at large.

11. In brief, the cyber-suppression powers of RA 10175 can be seen in at least three separate chapters of the CPL. The suppressive tendency and thrust of this law are mainly found in the following chapters: Chapter I (Preliminary Provisions), Chapter IV (Enforcement and Implementation), and Chapter VII (Competent Authorities). Together, these key chapters contain provisions which allow for a 24/7 spying by the Philippine state of ordinary citizens with the danger that the law may yet be abuse by state security forces in the name of ‘protecting national security’. Likewise, with the very close bilateral diplomatic relationship between Manila and Washington, the latter can easily rely on the Philippine state security-surveillance structure to arrest political activists and dissenters in the Philippines and have them extradited to the US on spurious charges through the use of laws such as the Anti-Terrorism Law and the Cybercrime Prevention Law.

12. This law is a form of cyber-dictatorship. It was signed into law just nine days before our country and people commemorated and remembered the 40th year after the fascist-Marcos Dictatorship was imposed upon our masses in a brutal and bloody manner. Ironically, RA No. 10175 was signed by President Noynoy Aquino who happens to be the son of two prominent victims of Martial Law—the late Senator Ninoy Aquino and former President Cory Aquino. Thus, this act itself is felt by many to be a direct injustice to his parents and family, and also especially to the millions of masses who suffered the long night of tyrannical rule and injustice in the Philippines from September 21, 1972 to February 25, 1986, and even beyond that historic period.

13. SANLAKAS, therefore, calls on the Supreme Court to urgently and immediately strike down this anti-democratic law. We, likewise, call on the Filipino masses to join us and other progressive and allied organizations, such as the newly-formed PIFA (Philippine Internet Freedom Alliance), in a nationwide mass campaign to repeal the CPL and to replace it with a future law that will be the genuine fruit of a truly collective, transparent, and democratic law-making process. Ultimately, this act should directly involve all the concerned stakeholders and aimed at defending our basic democratic rights and freedoms. Never again shall a dictatorship rule over us and suppress our rights in yet another form! No to Cyber-Dictatorship! Stop the Cybercrime Prevention Act now!

[Statement] CYBER MARTIAL LAW -Dakila

Posted on September 22, 2012 by Human Rights Online Philippines 3 comments

CYBER MARTIAL LAW

Four decades has passed since then President Ferdinand Marcos declared the Philippines under Martial Law. Throughout the regime, many lost their lives fighting for freedom while others who survived underwent torture and immense human rights violations.

Now, 40 years after Martial Law was declared, in a time when we have yet to fully experience a fully-functioning democracy, another hurdle is thrown at us and our freedom of speech.

The Internet has become an important tool and a strong force in activism. Many campaigns have gained ground and strong support from the public through online presence. The Internet was a place where critical minds say what need to be said about the government and its officials without the fear of getting into prison. Was. It is now a thing of the past.

With the passage of the Cybercrime Law, allowing criminal penalties for online libel, freedom of expression is again curtailed. The medium that used to help the public become vigilant is now guarded by the government. Now, anyone who says anything that can offend someone can be thrown to jail.

From Martial Law we’ve learned the importance of freedom of expression. The price we had to pay to regain it were thousands of lives. Now, in what feels like a Cyber Martial Law do we need to be all the more vigilant, because we want real democracy, a fully-functioning democratic country and we say #NeverAgain to Martial Law, cyber or not.

**Dakila is a collective of artists promoting social consciousness formation and advocacies through the arts.

Dakila – Philippine Collective for Modern Heroism
PRESS STATEMENT
21 September 2012