At the obvious behest of her local lawyers, ex-President Gloria Arroyo’s running to the UN Working Group on Arbitrary Detention, a special mechanism under the labyrinthian UN human rights system, is essentially repackaging a violator of human rights into a pitiful victim.
Yet what has the UN said so far? Let’s have a flashback.
In 2007, UN Special Rapporteur on Arbitrary, Summary and Extrajudicial Executions Prof. Philip Alston indicted the Gloria Arroyo government for gross, vicious and systematic violations of human rights and said that the military under her command was in a “state of denial”for the killings, disappearances, torture, arbitrary arrests and detentions of hundreds of innocent civilians.
In 2008, the UN Human Rights Committee, made up of 18 international independent experts who are persons of high moral character and recognized competence in the field of human rights, held the Arroyo government and her posterboy of impunity then Col. Jovito Palparan guilty of violating the rights of human rights defenders Eden Marcellana and Eddie Gumanoy for the 2004 extrajudicial killing case based on a 2006 complaint filed with the help of Karapatan and their counsel.
The Committee found the GMA government violated the right to life of every person, the right to liberty and security of persons and the rights to effective remedies under the 1966 International Covenant on Civil and Political Rights.
And we are not even talking of the credible and independent findings of the International People’s Tribunal (IPT) and the Citizen’s Council for Truth and Accountability (CCTA) in 2005 in Manila and the Permanent People’s Tribunal (PPT) in 2007 in The Hague. All international opinion tribunals found Atty. Amal Clooney’s client manifestly guilty of perpetuating human rights violations under her watch.
Hence, people, especially the victims, are asking in awe: was the complaint filed by Atty. Clooney before the WGAD either sloppy work or big bucks? Or was GMA’s international lawyer really clueless or even duped? No matter.
Indeed, how many were detained then? And still detained until now? It’s one thing to have a right to counsel of one’s choice. Or the prerogative if not the duty to choose one’s client no matter how evil or despicable. GMA is after all entitled to right to counsel, a right deprived by her and her minions to many during her time when she was strutting like an arrogant queen. Her complaint in the UN would rise and fall on procedural and substantive grounds.
But it’s another thing to say that GMA is a victim. If so, will another famous, glitzy and putatively best international lawyer that money can buy be hired, if not exploited, to repackage President BS Aquino as the paragon of good government and ardent protector of human rights when he becomes the next pathetic “victim” of a slew of cases that is coming his way? That would be a looney thing to do.
Our hearts cry especially for all the women, sick and elderly in prison. But please come to court with clean hands, GMA.
Reference: Edre U. Olalia NUPL Secretary General +639175113373
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National Secretariat National Union of Peoples’ Lawyers (NUPL) 3F Erythrina Building Maaralin corner Matatag Streets Central District, Quezon City Philippines Telefax no.920-6660 Email addresses: nupl2007@gmail.com and nuplphilippines@yahoo.com
For several days, the issue of agrarian reform found its way to the front page of newspapers. But, perhaps for the wrong reasons.
In 2008, Akbayan and several groups, including the Catholic Bishops Conference of the Philippines (CBCP), animatedly lobbied for the extension of the Comprehensive Agrarian Reform Program (CARP). They argued that there was a need for extending CARP as more than a million hectares of agricultural land have not yet been covered by the law.
Their bill, which was certified urgent and which was enacted into law was called the Comprehensive Agrarian Reform Program Extension with Reform (CARPER). Quite interestingly, Akbayan’s CARPER, as the name suggests, aside from extending CARP, also sought to reform the original CARP law. To us, it was an admission that there is something wrong with CARP for which reason there was a need to “reform” the law.
Five (5) years has passed since 2008, today, Akbayan and their equally deceptive and perhaps ill-informed ilk are still singing the same tune. They redundantly argued that CARPER has not yet fully realized its purpose and as such, needs additional time to complete the land acquisition and distribution component thereof.
But how would CARP and CARPER distribute as much lands when they were riddled with built in loopholes and defects that provides for, among others, exclusion, exemption, and conversion of agricultural lands?
We at SENTRA most respectfully beg to disagree with Akbayan and their kind. Even when we extend CARPER for life, the law will not answer the needs and aspirations of the farmers.
As a legal institution providing free legal services to farmers since 1988, SENTRA is a bare witness to the implementation of the CARP and CARPER. We have witnessed how productive agricultural lands were excluded and exempted from agrarian reform because CARL itself provided such exclusion and exemption. CARPER did not repeal section 3 (c) of RA 6657, the basis of the infamous DOJ opinion 44, which provides for comprehensive exclusion of productive agricultural lands from CARP. Under DOJ 44, agricultural lands already reclassified into other uses before June 15, 1988 are no longer considered agricultural lands even when their actual use is agriculture or for agriculture-derivative production. Those lands are ripe for conversion even when farmers are still tilling the said lands.
This DOJ opinion was affirmed by the Supreme Court in the Natalia Realty versus the Department of Agrarian Reform (225 SCRA 278, 1993). That was made the basis of exclusion from agrarian reform of productive agricultural lands such as the 14,000 hectares Hacienda Yulo in Canlubang, Sta. Rosa, and Calamba, Laguna; the 8650 hectares Hacienda Looc, in Nasugbu, Batangas; the 217 hectares irrigated rice land known as Tropical Lands in Dasmarinas, Cavite; the 6,000 hectares Hacienda Agoncillo in Laurel and Talisay, Batangas; the thousand of hectares of agricultural lands in Aplaya Laiya, San Juan, Batangas; the 400 hectares productive being developed by APEX and PILAR Development Corporations in Salawag, Dasmarinas, Cavite; the 90 hectares irrigated rice land in Malolos and Calumpit, Bulacan developed by Sta. Lucia Realty, among others. Aside from excluding those lands from agrarian reform, DOJ opinion 44 paved the way massive displacement of farmers as a result of the land conversion that ensued thereon.
Section 10 of CARP also provided for comprehensive exemption from coverage of Prawn farms and fishponds paving the way for exemption of more than 800,000 hectares of lands devoted to fishponds and prawn farms. It also provides for exemption of lands reserved for national defense even when they, or portion thereof, are not actually used for national defense purposes like the 74,000 hectares Fort Magsaysay Military reservation and the 33,000 hectares in Tapas, Capiz. It also provided for exemption of lands reserved for school, campuses, or for research purposes even when portion of such lands have not been actually used for said purpose like the 3040 hectares land of the Central Mindanao University (CMU). Only a fraction of 3040 hectares is actually used by CMU and the rest are being leased to local and foreign agribusiness corporations. Yet, all of the 3040 hectares were exempted from CARP. Penal farms and penal colonies, even when they comprise more than a thousand hectares and cultivated by farmers such as the Davao Penal Colony as well as the Iwahig Penal Colony in Palawan were exempted from CARP coverage. And Lands with eighteen percent (18%) slope, even when cultivated by farmers like the 311 hectares Araneta Lands in San Jose Del Monte Bulacan; 400 hectares land of Montalban Resources Trading Inc in Rodriquez Rizal; 76 hectares land of New San Jose Builders also in Rodriquez, Rizal; and thousand of hectares in Patugo, Balayan, Batangas, all of them were exempted from CARP coverage.
Aside from those enumerated above, there are thousand of hectares of agricultural lands that have been excluded and exempted from CARP, which were not touched by CARPER. For lack of space, we could not enumerate them in here.
The issue of exclusion and exemption from CARP coverage is not the only problem with CARP and CARPER. There is also the issue of retention. Section 6 of CARP, which was retained by CARPER, provides that the landowner has the right to have five (5) hectares retention and the landowner has the right to choose the area to be retained. Aside from the retention granted to the landowners, section6 of CARP, which was not also amended or repealed by CARPER provides that children of landowners are entitled to three (3) hectares each as preferred beneficiaries. This means that before the land is awarded to a farmer, every child of the landowner who is 15 years of age, actually tilling the land or directly managing the farm, must be given three (3) hectares each.
Lands eventually awarded to the beneficiaries, moreover, are not given to the farmers for free. They have to pay annual amortization for thirty (30) years, on the basis of the valuation made by DAR, Department of Agriculture, the landowner, and the Land Bank. To ensure the payment of the land, a mortgage is constituted thereon. In case the farmer fails to pay aggregate of three (3) amortization, the mortgage will be foreclosed and the farmer will be evicted from the land; their Certificate of Land Ownership Award (CLOA) will also be cancelled.
And DAR’s data on cancellation offloads and EPs show a horrible fact. In September 2007, DAR has already reported that 5,049 EPs while 103,092 CLOAs were cancelled. That figure did not include pending cases for cancellation of EPs and CLOAs, which may go as high as 50,000cases. To date, even when asked by congress to submit the data, DAR to date has not made an actual determination and inventory of how many CLOAs/EP were cancelled.
While farmers did not benefit from CARP and CARPER, landlords have already profited immensely therefrom. In 2005, government data already shows that the total approved compensation to landowners by LBP has already reached P41.6 billion in cash and bonds, or an average ofP500,463 per landlord.
Also, under CARP and CARPER, landlords had the option to forgo actual land distribution through non-land transfer schemes like the infamous Stock Distribution Option (SDO) previously implemented at Hacienda Luisita which is still being implemented at fifteen (15) other haciendas in the country. Arrangement such as leaseback, management contract, grower service contract, corporative schemes, profit-sharing and other non-land transfer arrangements were also used by landowners to maintain control of the land while giving measly sum to the farmer-beneficiaries as share in “income” as they supposedly co-owners of the land.
It has been twenty seven years (27) since CARL was passed. The five-year extension under CARPER has also already expired. Yet, it cannot be denied that until now, the lives of our farmers remained the same. They are still living in a state of destituteness, and the promise of better life under CARL and CARPER was never materialized.
We are pretty sure Akbayan knows of these defects of CARP which defects were not “reformed” by CARPER. We are also pretty sure that Akbayan, as it claims to also represent the farmers, knows of the massive displacement of farmers from the lands they were tilling for years as a result of exclusion, exemption, conversion, and non-payment of amortization by the farmers. Despite knowing such facts, Akbayan still insist on extending CARPER? Who, then, is pro-landlord and anti-agrarian reform?
Kahit ilang extension pa ng batas, walang mangyayari kung CARP-CARPER pa rin ang framework. The provisions on non-land transfer schemes like the SDO in Hacienda Luisita, on exclusion, exemption, conversion, cancellation of CLOAs, payment of amortization will still be there. Did Akbayan not realize that almost 27 years had passed but CARP law as amended by CARPER failed to uplift the lives of our farmers? Did they not also realize that it was under CARP/CARPER that rampant conversion of agricultural lands transpired? That CARP/CARPER resulted to massive displacement and eviction of farmers?
Akbayan, Pres. BS Aquino’s favorite Partylist, has fooled the farmers once. It should not be allowed to do it again this time.
CARP was extended in 2009. At that time, Akbayan, the prime advocate for extension argued that there is a need for extension and to reform the law to ensure its success. Today, five years later, Akbayan is singing the same tune. To us, the length of time alone for which CARP/CARPER was implemented is a testament of its failure. So why extend a failed law? Bakit di na lang palitan ng bago! [Why not an entirely new law?]
While we say there is no need to extend CARPER, we have not without any option. There is a pending bill in Congress, the Genuine Agrarian Reform Bill (GARB), which to us, mirrors the needs and aspiration of the farmers.
We thus challenge the bishops, the legislators, and agrarian reform advocates to stop CARPER and take a closer look at GARB as alternative to CARPER extension bills.
ATTY. JOBERT I. PAHILGA Executive Director SENTRA Foundation Sentro Para sa Tunay na Repormang Agraryo +639394346930
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Unyon ng mga Manggagawa sa Agrikultura (Agricultural Workers Union) Philippines
We, Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA, Association of Ex-Detainees against Detention and Arrest), is in solidarity with the detained peace consultants and other political prisoners at the Bureau of Jail Management and Penology — Special Intensive Care Area 1 Jail (BJMP-SICA1) Jail in Camp Bagong Diwa, Taguig City, in denouncing the intensifying fascist reprisals and restrictions currently inflicted not only against the political prisoners by jail authorities of BJMP-SICA1 but also against service providers.
SELDA denounces jail senior inspector Michelle Ng Bonto of BJMP-SICA1 for continuously violating the rights of the political prisoners under the Republic Act No. 7438 (An Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation). The reprisals and restrictions against the political prisoners seemingly irked the jail warden when the political prisoners launched their 10-day hunger strike, (five days before and five days during the visit of Pope Francis I to our country) even as the latter informed the jail authorities and other government agencies of their planned action and succinctly explained. The hunger strike as a passive form of expression was meant to symbolically deliver the political prisoners’ call for freedom, social justice, and just and lasting peace in the country while the Holy Pope was visiting the archipelago.
Due to unjustified restrictions and curtailments of rights of political inmates, the latter have no other recourse but to seek redress through legal actions. Political prisoners filed charges of multiple violations of Republic Act No. 7438 (An Act Defining Certain Rights of Persons Arrested, Detained, or Under Custodial Investigation) and of Gross Misconduct, Grave Abuse of Authority, Gross Oppression and Conduct Unbecoming of a Public Officer in February against SICA1 warden jail senior inspector Michelle Ng Bonto.
SELDA affirmed that the fasting, hunger strike and even filing of complaints against the jail authorities are basic democratic rights of political prisoners. The right to complain against the abuses of jail authorities is in accordance with the international standard of treatment of prisoners. “Every prisoner shall be allowed to make a request or complaint, without censorship as to substance but in proper form, to the central prison administration, the judicial authority or other proper authorities through approved channels.” (UN Standard Minimum Treatment of Prisoners, Part I, Information to and complaints by prisoners).
Any form, instrument and modality of restraint rendered by jail senior inspector Michelle Ng Bonto of BJMP-SICA1 is unjustified and only shows her ruthless, arrogant and fascist character.
Thus, we join the political prisoners and human rights organizations in their call to immediately remove and replace jail senior inspector Michelle
Ng Bonto as a warden of BJMP-SICA. We demand that complaints filed against her by the political prisoner be addressed now.
We call for the immediate release of all political prisoners.
Reference: Marie Hilao-Enriquez Chairperson +639175616800
Jigs Clamor National Coordinator +639997721233
The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) is an organization of former political prisoners in the Philippines. Founded on December 4, 1984, SELDA was initiated by newly-released political prisoners of the martial law period. SELDA’s primary task is to work for the release of all political prisoners and to see to it that humane treatment of those who are still in detention are complied with by the Philippine authorities. SELDA advocates justice for current and former political prisoners. It calls for the mobilisation of resources in support of political prisoners, former detainees and their families. It carries out legislative advocacy for the indemnification and rehabilitation of political prisoners. SELDA goes into partnership and builds solidarity with concerned individuals and groups for the freedom and welfare of political prisoners and all victims of tyranny.
Homes of more than 3000 families burned down in Parola Compound, Binondo, Manila. Let us join to them to demand to the Philippine Government for their welfare, housing, livelihood and immediate reliefOn March 2, 2015 between 5:00-6:00 in the evening, a huge fire broke out in Parola Compound, Area B, C and H. Firetrucks came but were not able to stop the fire. Homes of more than 3100 families (20000 people) were burned down.According to the victims, if only the government was prepared to rescue, their homes could be saved. There was no government presence during the incident. No government officials assisting them what and how to do or where to go. Even until the fire was out by dawn of March 3.
Parola is just few minutes away from the Department of Social Welfare and Development (DSWD) or from Malacanang and the City Hall of Manila, yet food was only served a day after the incident.
To date, the government has only given P2000 financial assistance and a few food packs. The affected families said that such amount is really small, not enough to buy food, clothing and medicine or even materials to fix their homes.
On the 5th day after the fire, thousands of families are barely coping inside the evacuation centers. At Delpan Sports Complex, more than 1000 families are seeking refuge. Women, children and the old are sick and hungry.
Worst, the residents learned some information that they will not be allowed to come back to their former places and will be forcibly evacuated somewhere.
The community of Parola has long been a target for national government project in line with the Manila Bay Reclamation and the on going port privatization– a project pushed by foreign multi national corporations with their local partners in the Philippines.
The same kind of neglect and abandonement was experienced by millions of people in Eastern Visayas. The Parola people are also victims not only of fire but also victims of criminal neglect of the Aquino government.
Let us join the people of Parola in their demand to the Philippine Government to ensure their welfare, demand enough relief and financial assistance that will help the victims in restoring their homes and livelihood. Kalipunan ng Damayang Mahihirap-Tondo and Manila with their local organizations in Parola are also appealing for any donations for the affected families.
Thank you very much.
Urgent Appeal for 3000 families in Parola Compound
Melona R. Daclan
Campaign Director
Defend Job Philippines
Telephone:3535760
Mobile: +639267856299 and +639289069223
Website: www.defendjobphilippines.wordpress.com
www.demolitionwatch.wordpress.comDefend Job Philippines is a member of International Network for Economic Social and Cultural Rights (ESCR Network)
MANILA – From bloodbath to bloodbath, pork barrel, coverup, criminal negligence, government violation of the Constitution, human rights, and even of its own signed peace agreements, Aquino’s leadership is now viewed as a danger and scourge to Filipinos. On Thursday (March 5) a diverse composition of organizations and personalities launched the Noynoy Out Now (NOW!) national movement, vowing to lead a series of nationally coordinated protest actions starting March 8, Women’s Day. They are demanding Pres. Aquino’s immediate resignation.
To replace his leadership, NOW! proposes an “extra-Constitutional way,” which, they said, is correct legally, morally and politically.
Rather than the usual transfer of the reins to the vice-president, they propose to initiate “real democratic change.” They want Aquino to resign ASAP and give way instead to a “people’s council for national unity, reforms and peace.” They presented it as two intertwined solutions to problems of injustice and poverty today, to veiled threats including legal doubts on people power, and to naysayers who want to force Filipinos to bear with Aquino until next year.
Against the Malacañang’s statements noting people’s hesitation at joining Oust Noynoy now movements, Mico Pagalangan of Youh Act Now said, “If we do nothing now, that is a statement in itself.”
He urged the youth and the Filipino people not to be swayed into staying silent over Aquino’s fatal flaws as leader just because Aquino has only 15 months left in his term.
“Don’t be wary of what will come after ousting him. Be wary of what will happen if he stays in power,” said Pagalangan.
In the new movement’s manifesto titled “Aquino resign! Establish the People’s Council for National Unity, Reform and Peace,” NOW! Leaders said an interim “people’s council” could ensure truth and accountability in the Mamasapano probe and put in place key electoral reforms and anti-corruption measures prior to the holding of elections for a permanent government.
In a press conference in Quezon City, they asked the public to join this national movement to effect change, the end-goal of which they differentiate from the “change” after the first two people power uprisings. Teddy Casiño explained that post Edsa “change” had benefited mostly the installed political factions of the same elite who just maintained the same political system skewed to elite interests, at the expense of ordinary working people. The latest of these leaders to capitalize and benefit from people’s aspirations for change is President Aquino, but he has bitterly disappointed his supposed boss, as the justifications for ousting him listed by the Noynoy Out Now! leaders said this Thursday.
“We cannot afford another Mamasapano blunder, another PDAF-DAP scheme, another MRT mishap, another disastrous response to natural calamities, a Zamboanga siege or Luneta hostage crisis. We cannot sit by while poverty and joblessness worsens despite glowing growth rates, criminality engulfs our communities, and our public assets and national patrimony are being sold down the river,” said the manifesto of the Noynoy Out Now! movement.
The list of why President Aquino has to vacate Malacañang is getting longer the more he stays in power, said the leaders and personalities in Noynoy Out Now (NOW!) who came from groups of Church people, professionals such as doctors, lawyers and teachers, retired militarymen, whistleblowers, students and professors, seasoned activists and progressive partylist lawmakers, women and sectoral leaders such as from farmers and fisherfolk, urban poor, workers, drivers and small operators.
They are people-power-tested (or battle-tested) and mobilizable, as Teddy Casiño, former Bayan Muna Representative and now a spokesman for Bagong Alyansang Makabayan, one of the members of NOW!, put it during the press conference. He describes the groups pushing for Noynoy Out Now! as groups who do not just call out for change but who are also ready and proven at bringing warm bodies for this struggle for justice.
Aquino as living symbol that something is wrong
Catholic Archbishop Oscar Cruz enumerated many indicators of problems pointing to Aquino’s failed leadership. He cited for example the increased incidences of prostitution, gambling and casinos, taxation, confusing prices of gas and oil, continuing malfunction of railways, and, particularly in the Napoles debacle where Aquino himself escorted Janet Lim-Napoles to the arresting police officers, all these particularly the Napoles debacle are the “very living symbol that something is wrong.”
Aquino’s presidency showcases “a proven pattern of his being habitually remorseless, recidivist, and violator of the law,” said lawyer Edre Olalia, president of NUPL.
“Our president has lost the moral authority to lead this country,” Bishop Art Asi of the United Church of Christ of the Philippines declared at Thursday’s press conference.
“Having Aquino as president is a big disaster for Filipinos,” said National Artist Bien Lumbera who also slammed Aquino for having shown utter disregard and disrespect of Philippine culture.
“No matter how patient Filipinos are, they cannot bear anymore with a presidency like Aquino’s who turned every day into a disaster for women and children,” Joms Salvador, leader of Gabriela, largest association of women in the country, said at Thrusday’s press launch of NOW!
Salvador decried how, under Aquino, more women became victims of violence, and that the country’s social services fell down to its most rotten status.
“We don’t want to add to statistics of victims of disaster, violence and negligence,” Salvador said, hence the participation of Gabriela in Noynoy Out Now!
Bucking Aquino coverup
Since the start of 2015 and left and right price hikes, the Aquino administration has consistently belittled criticisms and protests against the hikes – saying they make up only a few groups. In Oust Noynoy campaign, their tact sounded the same. But, contrary to claims that only a few Filipinos want Aquino to resign, psychiatrist Roonie Lesaca of RX Resign said more people nowadays are in fact recognizing already President Aquino’s bungling leadership.
Lawyer Jose Malvar of Citizen Crime Watch also disputed the idea that only a few people are trying to unseat Aquino. He cited the overkill deployment of police to block the Edsa anniversary protesters from entering the people power shrine.
Martin Diño of VACC said at the launch of Noynoy Out Now! that today, the issue appears to be more about who has a thicker face (pakapalan ng mukha). He described what is happening in various investigations of Mamasapano as just “brasuhan” (one-upmanship), and not about accountability.
For Dr. Jojo Carabeo of Health Alliance for Democracy, the Aquino presidency is like a malignant tumor that has to be taken out for the country to start to get healthy and well.
“There is no other action but make him go down,” the doctor said. The health groups condemn the Aquino presidency for privatizing health services and instituting budget cuts, all of which result directly to people’s suffering.
From the start, the working people in this country has derived no comfort or relief from poverty from this administration, said Elmer “Bong” Labog, chairman of Kilusang Mayo Uno.
“The workers demanded emergency relief but Aquino took no action; instead he brought the wages down,” said Labog. He added that every day Aquino hangs on to his post in Malacañang, he continues to prolong the people’s suffering from high prices, all-out war, and low wages.
“The country’s professionals are easily moved to signing petitions asking Aquino to resign,” Malou Turalde of POWER Quezon City, a group of professionals, said at the NOW! Press launch. “Our professionals are frustrated, discontented and angry at the incompetence, ineptitude and subservience of Aquino presidency,” Turalde said. The group she represents are part of Noynoy Out Now! Movement.
Batting for a New People Power
The Noynoy Out Now! movement’s manifesto recognizes and appeals to the public that a new type of people power will have to be required to do away with the Aquino presidency and replace it with a temporary council for genuine good governance.
“The people’s efforts to force the removal of the Aquino regime and replace it with a transitory People’s Council will necessarily be through the route of people power, or more precisely, the Power of the People,” NOW! manifesto reads. The movement calls on the armed forces, police and local authorities to respect and support “the people’s exercise of their sovereign will,” a power which, they said, is clearly enshrined in the Philippine Constitution.
Why replace Aquino now? The Noynoy Out Now! movement warns that to wait for 2016 elections is to let Aquino get away with his crimes and coverup – because with him still in Malacañang, NOW! leaders said, the message is that leaders like Aquino can trample on our law, and continue to use the government machinery in 2016 elections where “political dynasties, money and a flawed automated electoral system will decide the Filipino’s fate” as a people, again.
