Category: Free Expression – Asia

‘FOI deserves high priority’

mcmangahas Leave a comment

THE House of Representatives should not waste a day longer and act with dispatch on the Freedom of Information bill.

In fact, what the House needs to do at this time, with Congress set to go on recess on June 4, is to put the FOI bill on top priority, according to the Right to Know, Right Now! Coalition of about 160 civil society organizations and leaders.

High prioritization of the FOI bill could mean a few, easy things that President Aquino, Speaker Feliciano Belmonte Jr., and other House leaders could do — “a high-level meeting, a phone call, adoption of a clear timetable, clearing-up of hold-ups and delays, mention at the State of the Nation Address, the President certifying to the necessity of immediate enactment, and ultimately, the House leadership putting the bill on the plenary agenda and mobilizing key legislators to move the process forward.”

What follows is the full text of the Coalition’s statement:

FOI Losing Time, High
Prioritization Essential

COMMITTEE ON PUBLIC INFORMATION Chairperson Jorge T. Almonte and House FOI champions and authors were scheduled to file the Committee Report on the FOI Bill with the Secretary General of the House of Representative last Wednesday, May 20, at 3:30 pm.

However, at around 2 pm, Chair Almonte felt compelled to postpone the event, anticipating that the final vote on the BBL happening that afternoon will take longer than earlier expected. He was set to vote on the BBL, along with a number of FOI authors who are members, ex-officio members, or deputized members of the House Ad Hoc Committee on the Bangsamoro Basic Law.

We hope that the postponed filing of the Committee Report on the FOI Bill will happen at the soonest. The filing of the report is significant. It marks the shift of the FOI Bill from the committee level to the even more challenging work at the plenary level.

In spite of the advance of the FOI bill signified by the filing of the Committee Report, we lost important time. The last three weeks since the resumption of session on May 4, and early next week when the BBL goes through approval by the Committee on Appropriations, would have been an opportunity to start sponsorship and interpellation of the FOI bill in plenary.

The Need for High Prioritization

This brings to light the importance of a measure being given high prioritization by the leadership of Congress and by the President. The impact of high prioritization on how a measure moves in Congress, particularly for major, controversial or resisted bills like FOI, is all too clear. We saw it in RH, in Sin Tax, and now in BBL.

We attest to the hard work at the committee level of Chair Almonte, FOI authors and champion legislators and their staff, as well as of the advocates in getting the bill through the committee process. We attest to the responsiveness of the Committee on Appropriations and its Chairperson, Rep. Isidro Ungab, in the prompt approval of the appropriations provision of the bill. We also attest to the committed and untiring support from the staff of the committee secretariat. (See legislative history of the FOI bill at the committee level in 16th Congress below).

However, this is where high prioritization spells the difference. To be sure certain steps could have been speeded up if the passage of FOI is given high priority, similar to the bills we mentioned earlier.

Especially at this critical juncture when we approach the third and final regular session in a Presidential election year, the FOI bill cannot be just one of numerous priorities. It will take a very high level of prioritization and leadership if it is to finally pass.

By observation, we are all familiar with the many mechanisms by which a high level of prioritization is conveyed: a high-level meeting, a phone call, adoption of a clear timetable, clearing-up of hold-ups and delays, mention at the State of the Nation Address, the President certifying to the necessity of immediate enactment, and ultimately, the House leadership putting the bill on the plenary agenda and mobilizing key legislators to move the process forward.

The coalition sees it as a challenge for itself and concerned citizens to demonstrate a compelling strength to move our leaders to place the passage of the FOI Bill high in their priorities, as much as we see it as a matter of accountability and question of leadership for the highest leaders of this country.

FOI Tracker Rating Drops

In our FOI Tracker # 1 assessing Congress action on FOI, we said that the bill was well positioned for passage, and in the Green Zone with a rating of 85.

With the delay and anticipating that the BBL will reach plenary given its prioritization, our appeal for the completion of sponsorship and start of interpellation before the June 11 adjournment has turned difficult. Given this, the rating drops by 20 points to 65, and moves to the Yellow Zone. The FOI Tracker may be viewed at http://www.i-foi.org

Legislative History of the FOI Bill at the Committee Level in the 16th Congress

October 23, 2013, Committee organizational meeting, where a motion to create a Technical Working Group (TWG) to consolidate the FOI bills was approved

November 26, 2013,The TWG was constituted

February 6, 2014, TWG Meeting # 1

February 18, 2014, TWG Meeting # 2

March 10, 2014, TWG Meeting # 3

May 12, 2014, TWG Meeting # 4

May 19, 2014, TWG Meeting # 5

May 28, 2014, TWG Meeting # 6

June 9, 2014, TWG Meeting # 7

August 4, 2014, TWG Meeting # 8

September 2, 2014, TWG Meeting # 9, Approval of Substitute Bill

November 24, 2014, Committee Approval of the Substitute Bill
Voting: Nine (9) Yes: Reps. Abad, Aglipay-Villar, Baguilat, Bataoil, Bello, Dalog, Ferriol-Pascual, Gutierrez, Lobregat, Paquiz; Three (3) No: Reps. Colmenares, Romualdo, Tinio

November 25, 2014, Referral to the Committee on Appropriations for approval of the appropriations provision of the Substitute Bill

March 4, 2015, Approval of the appropriations provision, with amendment, by the Committee on Appropriations

March 24, 2015, Certification of Committee on Appropriations action received by the Committee on Public Information

May 14, 2015, Committee Secretariat receives back the documentation of the Committee Report from the 4-step administrative approval by the Committee Affairs Department of the House Secretariat, through the Service Director, Deputy Executive Director, Executive Director and the Deputy Secretary General for Committee Affairs

May 19, 2015, Committee Report signed by Rep. Isidro Ungab on the part of the Committee on Appropriations. Rep. Jorge Almonte, FOI authors and champions agree to a group filing of the Committee Report on May 20, 2015 at 3:30 pm, upon signing of the committee report by Rep. Jorge Almonte on the part of the Committee on Public Information

May 20, 2015, Scheduled group filing of the Committee Report with the Secretary General postponed.

How to build a dynasty

Julius Mariveles Leave a comment

IN 2007, political scientist Julio Tehankee wrote that the two houses of the Philippine Congress have practically been home for at least 160 families over the last century.

“These families have had two or more members who have served in Congress, and they account for nearly 424 of the 2,407 men and women who have been elected to the national legislature from 1907 to 2004,” Tehankee wrote in the article “And the clans play on.”

More than 20 years after the People Power Revolution that toppled a dictatorship in 1986, the clans persist in the Philippines. In fact, Tehankee observed:

“Political clans have been an enduring feature of Philippine politics. In the upcoming local and congressional contests, that will remain to be so. Majority of these families or clans, in fact, take their roots from local politics. Generally considered as a grouping within the elites of society, the political clan is basically composed of a family and its network of relations that actively pursues elective or appointive political office at the local and/or national level. In many cases, the clan has also managed to maintain power through generations.”

But how are clans built?

Jejomar Binay

IT’S ALL in the family for the Binays. Philippine Vice-President Jejomar Binay and three of his children are in government. Nancy is a senator, Mar-Len Abigail is a representative, and Junjun is a city mayor| HLURB Photo

PCIJ founding executive director Sheila S. Coronel explored this issue in 2007 and came up with a summary of seven factors upon which dynasties are built.

Money, machine, media and/or movies, marriage, murder and mayhem, myth, and mergers are the seven Ms, the required elements for a dynasty to endure.

1. MONEY

The families that endure and survive political upheaval are more likely to be those that have a sustainable economic base to finance their participation in electoral battles. Philippine elections are costly — a congressional campaign in 2004, according to campaign insiders, could have cost up to P30 million in Metro Manila. In rural areas, the price tag is much less: P10 million on average, although campaigns can be run for P3 million or less in smaller districts where the competition is not too intense.

The investment may be worth it, as the rates of return can be high, depending on how well congressional office is exploited. Historically, families have been able to use their positions to expand their landholdings or their business empires, using their preferential access to privileges from the state — loans, franchises, monopolies, tax exemptions, cheap foreign exchange, subsidies, etc. These privileges have made political families wealthy, in turn allowing them to assemble formidable election machines that guarantee victory at the polls. The most successful families are those able to establish business empires not solely dependent on government largesse. They must also be competent enough to run these businesses well, allowing their members to survive electoral defeat and political ignominy.

In Landlords and Capitalists, political scientist Temario Rivera found that 87 families controlled the top 120 manufacturing companies from 1964-1986. Sixteen of these families — about 20 percent of the total — were involved in politics. Most of them were members of the landowning elite that emerged during the 19th century, including the Aranetas, the Cojuangcos, the Jacintos, the Madrigals, and the Yulos. “Through government influence,” writes Rivera, “landed capitalists caused the diversion of state resources to traditional elite economic activities like sugar and coconut milling, limiting further industrial diversification.”

Click on the photo to continue reading the article.

FORMER FIRST LADY IMELDA R. MARCOS. More than 20 years after the EDSA People Power that toppled his husband's rule, the Marcoses are still in power | Photo by Lilen Uy

FORMER FIRST LADY IMELDA R. MARCOS. More than 20 years after the EDSA People Power that toppled his husband’s rule, the Marcoses are still in power | Photo by Lilen Uy

FOI limbo déjà vu

Julius Mariveles Leave a comment

By Cong B. Corrales

FREEDOM OF INFORMATION advocates expressed concern over the delay of the submission of the committee report of the House Committee on Public Information to the House Secretary General, Wednesday (May 20) as this will “impact the already narrow window for the passage of the bill.”

“Our support and solidarity to the FOI authors in their desire to advance the bill to plenary. However, we express our concern over the delay of the submission because every delay impacts the already narrow window for passing the bill,” Right to Know, Right Now! (R2KRN) Coalition convenor Nepomuceno Malaluan told the PCIJ, Wednesday.

"If FOI is to advance within the timetable, it cannot be just one of the numerous priorities but must take the highest level of import," Right to Know, Right Now! Coalition convenor Nepomuceno Malaluan. Photo taken during the Light Up for FOI candle-lighting rally in front of the House of Representatives in September, 2013 | PCIJ File Photo

“If FOI is to advance within the timetable, it cannot be just one of the numerous priorities but must take the highest level of import,” Right to Know, Right Now! Coalition convenor Nepomuceno Malaluan. Photo taken during the Light Up for FOI candle-lighting rally in front of the House of Representatives in September, 2013 | PCIJ File Photo

The PCIJ is a member organization of the R2KRN! Coalition.

While waiting for the supposed schedule of the submission of the committee report, Malaluan received word from the office of Rep. Jorge Almonte that they have decided to reset the submission of the committee report.

“It was originally scheduled to be submitted at 3:30pm, Wednesday (May 20), (but) there was anticipation that the BBL (Bangsamoro Basic Law) final vote would not be finished by that time and some of the FOI authors and the (House committee on public information) Chair (Jorge Almonte) are members of the Ad Hoc Committee of the BBL,” Malaluan said.

r2klogo

Had the FOI committee report been submitted as scheduled, Malaluan said, the campaign for the passage of the bill would have shifted from the committee level to the plenary process.

The FOI committee report consolidates 24 FOI bills including the one filed through Indirect Initiatives by the R2KRN coalition. The Committee on Public Information approved the consolidated version on November 24, 2014 and the Committee on Appropriations approved its appropriation provision on March 4, this year.

From the time the Technical Working Group (TWG) for the bill was constituted on November 26, 2013, it has taken 90 meetings before the proposed consolidated bill was presented to the Committee on Public Information for deliberation.

“The postponement of the filing to give way to BBL, shows the importance of a measure being given the highest priority by the administration and by the leaders of Congress,” said Malaluan.

“If FOI is to advance within the timetable, it cannot be just one of the numerous priorities but must take the highest level of import.”

The FOI Bill has been in the legislative wringer for the past 28 years—since it was first filed in the 8th Congress.

Five points vs. ‘the dark side’

mcmangahas Leave a comment

By Julius D. Mariveles

TO REIN in the culture of impunity, and the relentless rise in the cases of extra-juidicial killing of journalists in the Philippines, the country’s top human rights lawyer, Atty.Jose Manuel Diokno, has proposed five reform measures.

Among others, he said the Government might do well to get out of its “state of denial” that cases exist, the judiciary might allow prompt perpetuation of testimony by witnesses, and the Ombudsman might be asked to prosecute members of the judiciary who are failing in their duty to rush resolution of the cases.

“Impunity is the dark side of accountability,” Diokno, founding dean of the De La Salle College of Law, said.

With the Philippines still ranked third last year in the 2013 Impunity Index of the New York-based Committee to Protect Journalists, impunity became one of the central issues discussed by journalists, bloggers, diplomats, and press freedom advocates during a forum marking World Press Freedom Day on April 29 in Intramuros, Manila.

Diokno, who is also the national chairperson of the Free Legal Assistance Group (FLAG), said the judiciary can make the first step in the fight against impunity by placing it at the top of the judicial agenda.

The Philippine government had been in a “state of denial” about impunity for the past eight years and has always been claiming that extra-judicial killings were being committed by “misguided elements of the military and police” and are only “isolated cases.”

It was only in 2007, he said, when the government did something concrete about EJK cases when then President Gloria Macapagal-Arroyo issued Administrative Order No. 181 ordering public prosecutors and law-enforcement officials to work together to investigative these cases.

Diokno also said EJKs and other grave human rights abuses in the country “pose an even greater challenge” because it has a judicial system that is “outmoded, inefficient, highly-congested and extremely slow.”

“Unless given special attention, (human rights) cases tend to get lost in the judicial shuffle; they also tend to take forever.”

Diokno also proposed the following reform measures:

* For the government to include human rights organizations in the inter-agency committee created through Administrative Order No.35 that President Benigno S. Aquino III in November 2012. Headed by the Justice Secretary and composed of other cabinet members, the committee has become the centerpiece of the Aquino administration’s efforts to resolve cases of impunity.

It is, however, a purely government body with no representatives from human rights organizations. Diokno recalled that in 1990, during the administration of Aquino’s mother, Corazon, FLAG and the Task Force Detainees of the Philippines were among the members of a similar committee.

“We were able get a lot of things done quickly with cases that need the attention of government,” he said.

* Come up with a mechanism to preserve the testimonies of witnesses. Diokno said based on his experience as a human rights lawyer, the lack of this system is “the biggest obstacle to a successful prosecution of human rights cases.”

With criminal cases lasting between five and 10 years, witnesses often get compromised, lose interest or get killed because of the delay in the trial. He said FLAG had long been pushing for Congress to pass a law and for the Supreme Court to come up with rules that would expand the rules on the admission of testimonies from witnesses.

* Fill up vacant positions for judges and prosecutors with qualified and dedicated lawyers. This alone could hasten the speed by which cases are decided, Diokno said.

He described the vacancy of positions for prosecutors and judges to be “quite alarming,” citing that two out of 10 positions for prosecutors and judges have not been filled up.

In 2007, data from the National Statistical Coordination Board showed the country only had 1,717 judges compared to the 2,182 judges needed at all levels, or a vacancy of 465.

In fact, judges in the lower courts handled an average of 644 cases every year or about three cases to be resolved each day, according to an article of Dr. Jose Ramon G. Albert published on the NSCB website.

* Allow the Office of the Ombudsman to investigate and prosecute members of the judiciary. Diokno, a leading advocate for transparency in the judiciary, said the Constitution provides that all government officials and employees can be investigated by the Ombudsman, the watchdog created after the then President Ferdinand E. Marcos, Sr. was forced out of power in 1986.

However, a ruling of the Supreme Court in the case of Judge Bonifacio Maceda of the Regional Trial Court in Antique on April 22, 1193 practically excluded the High Court from the investigating authority of the Ombudsman.

“It is practically the Supreme Court that took itself out of the equation with that decision,” Diokno said as he called on Congress and the government to restore the investigative power of the Ombudsman over the High Tribunal.

In the end, Diokno said how justice is administered would “determine if a country would follow the path of impunity or the less-traveled road of accountability.” – PCIJ, May 2015

UNDP: Progress slow, much needs to be done to stem media murders

mcmangahas Leave a comment

MR. TERENCE JONES, the United Nations Resident Coordinator and the United Nations Development Programme (UNDP) Resident Resident Representative in the Philippines, delivered the opening remarks at a public forum “Let Journalism Thrive: The Right to Life, The Right to Know, The Right to Free Expression,” to mark World Press Freedom Day 2015.

The forum held on April 29, 2015 in Manila was organized by the Philippine Center for Investigative Journalism (PCIJ) with support from the Embassy of the United States of America and the UNDP-Philippines.

The full text of Mr. Jones’s remarks follows:

“It is with great pleasure that I join with you today in observation of World Press Freedom Day, a time to reflect upon the importance of media in a democracy, wherein freedom of information and expression is fundamental.

Every year since 1993, the 3rd of May is a date which celebrates the fundamental principles of press freedom; to evaluate press freedom around the world, to defend the media from attacks on their independence and to pay tribute to journalists who have lost their lives in the exercise of their profession.

Over 100 national celebrations take place each year to commemorate this Day. UNESCO leads the worldwide celebration by identifying the global theme and organizing the main event in different parts of world every year. This year’s main event is in Riga, Latvia and the theme is: Let Journalism Thrive! Towards Better Reporting, Gender Equality, & Media Safety in the Digital Age.

The Secretary-General of the United Nations, Director-General of UNESCO and Humanitarian Coordinator for Human Rights issued a joint statement for the Day, which includes the following:

“For peace to be lasting and development to be sustainable, human rights must be respected. Everyone must be free to seek, receive and impart knowledge and information on all media, online and offline. Quality journalism enables citizens to make informed decisions about their society’s development. It also works to expose injustice, corruption, and the abuse of power.

“For this, journalism must be able to thrive, in an enabling environment in which they can work independently and without undue interference and in conditions of safety. The world has recently witnessed horrendous attacks against journalists — at least one journalist is killed each week, in conflict and non-conflict zones. We must redouble efforts to enhance the safety of journalists and put an end to impunity, and this is the goal of the UN Plan of Action on the Safety of Journalists and the Issue of Impunity.

“We need every voice to speak out and be heard – especially those of women. Twenty years after the Beijing Declaration and Platform for Action, women remain under-represented throughout the media, at decision-making level but also in the coverage of issues. We cannot let this stand. Men and women must participate equally in making and sharing the news.”

The three themes for today are:

Independent and Quality Media

Quality journalism can be an abstract concept to grasp as there is no universal set of criteria of quality journalism. Often, it is dependent on socio-political and cultural characteristics and constraints. The changing influence of commercialization and concentration of ownership also impacts on the independence and quality of journalism. Numbers of awards, audience share, the resources available for newsroom, audience responses and participation, and industry’s perception can all be part of the indicators of quality.

Independence of the newsroom is also a crucial indicator: from editors being able to set the agenda to the individual reporter’s ability to seek out news stories. The quality issue is further complicated by the proliferation of social media producers of news. What is clear is that investigative journalism, in particular, relies on the qualities of accurate, in-depth and critical reporting on matters of special public concern, work which often requires long and difficult research.

Gender and Media (With Special Focus on the 20th Anniversary of the Beijing Declaration and the Platform for Change)

Amongst many ambitious objectives, the 1995 Beijing Declaration and Platform of Action includes two explicit goals which are to one, “increase the participation and access of women to expression and decision-making in and through the media and new technologies of communication” and two, “promote a balanced and non-stereotyped portrayal of women in the media”. Twenty years on, obstacles are still present in today’s media industry, ranging from imbalanced access to information and under-representation of women to insufficient media coverage of gender issues and outright violence against female journalists and women.

Digital safety for journalists and their sources

With ever more sophisticated surveillance mechanisms, anonymity of sources could be a thing of the past. Is it possible to keep journalists’ sources confidential in the digital age? Can journalism move forward without anonymity of sources? What are the consequences of public trust for journalists? Are established limitations of surveillance, indicated in UN General Assembly resolutions, sufficient to address the boundaries between the right to privacy, especially with regard to sources, and authorities’ justifications for surveillance?

Journalists and others who contribute to journalism also face a myriad of other digital security challenges, including software and hardware exploits without the knowledge of the target; phishing attacks; fake domain attacks; man-in-the-middle (MitM) attacks; denial of service (DoS) attacks; website defacement; compromised user accounts; intimidation, harassment and forced exposure of online networks; disinformation and smear campaigns; confiscation of journalistic work products, and data storage and mining. What can be done to better safeguard digital privacy and the security of digital data?

Safety of Journalists and other Media personnel

This celebration is also the occasion to highlight the importance of addressing the safety of journalists and the issue of impunity.

In that context today is of singular importance to the Philippines. Despite restoring its democracy in the people power revolution 29 years ago, the Philippines is ranked as one of the most dangerous countries in the world for media personnel.

As of 2014, the Philippines stands at 149th in the World Press Freedom Index. This is part of a worsening trend, from 147th in 2013, and 140th in 2012. The Maguindanao Massacre, where 58 people, including 32 media personnel were killed, is an especially resounding testament to this fact, but other killings also occur almost frequently. These extrajudicial killings do not only pose a threat to a journalist’s right to life. They also represent threats to the right to freedom of speech, the right to information, and ultimately, the right of a nation to call itself a democracy.

The Philippine government has taken some steps to address these concerns, including the body on extrajudicial killings created to speed up investigations. However, progress has been slow, and only a handful of convictions have been made.

There is much more to be done. We cannot rest until the number of extra-judicial killings is brought to zero, and that journalists and citizens alike can access and report on information without fear of violence or coercion.

I would like to stress here that the Philippines can count on international support in this effort. At the recent meeting of the UNESCO Executive Board the main message was that all journalists, media workers, and social media producers who generate a significant amount of public interest journalism, whether they are freelancers or full time staffers, from big to small media outlets, should be safe to carry out their work.

The UN Plan of Action on the Safety of Journalists and the Issue of Impunity is a multi-stakeholder approach to improve the safety of journalists. UNESCO will convene a conference with high level representatives of news organizations from all regions, including community media and small media outlets and open to stakeholders. The aim is to share good practices on the safety of journalists and more proactively highlight the issue of journalist safety.

This follows the Implementation Review Report of the UN Plan of Action, which was finalized at the 3rd UN-Inter-Agency Meeting on the Safety of Journalists and the Issue of Impunity, held in Strasbourg, France on 4 November 2014.

That Report noted that “Media houses and other actors should be encouraged to find common ground on the issue of safety and be more proactive in highlighting the issues.” It added: “Media houses should be encouraged to investigate and report on fatal and non-fatal attacks on journalists and media organizations, and follow up on impunity stories, as well as on occasions such as the International Day to End Impunity for Crimes against Journalists on 2 November each year.”

The Decision also called for increased information sharing broadly, and for greater use of the UNESCO research report ‘World Trends in Freedom of Expression and Media Development’ , including during the Universal Periodic Review of the Human Rights Council (which for the Philippines takes place in 2017). It further urged strengthened cooperation with professional organizations and other actors in addressing the safety of journalists, with a specific focus on women journalists.

Capacity-building is supported as well, including through projects of UNESCO’s International Programme for the Development of Communication (IPDC), which from 2013 up to 2015, channeled financial support to more than 30 projects promoting the safety of journalists. The IPDC Intergovernmental Council also receives the bi-annual report of the UNESCO Director General on the killings of journalists and the state of judicial follow-up.

Protecting Human Rights and Freedom of Information

It is in this respect that UNDP is here to support the Commission on Human Rights, the Philippine Centre for Investigative Journalism, and the US Embassy in this important initiative. Through the UNDP project ‘Empowering Citizens to Deepen Democracy’, we have supported PCIJ to develop documentaries on political issues throughout the Philippines, build a governance database to allow citizens to track the record and performance of their leaders, as well as to train young journalists in responsible reporting techniques.

In addition to our direct support to the media, UNDP is seeking to strengthen the enabling environment for a democratic society. This includes the setup of the monitoring mechanism of the Universal Periodic Review, wherein government, civil society, and the private sector track and encourage the Philippines’ progress in complying with the UPR recommendations. Amongst the big ticket policy reforms include the ratification of the International Convention for the Protection of All Persons from Enforced Disappearance, and of course, the Freedom of Information Bill – both of which are still pending in Congress.

Road to 2016 and Beyond

Each of us have a reform agenda which we are working on in our own ways. We will be more successful if we work together on this; if we share information; if we combine efforts; if we build coalitions for human rights and freedom of information.

This multi-stakeholder gathering could be the start of a broader movement to push for and support the reforms which the Filipino people desperately need. Without such efforts journalists will continue to face threats to their very right to life.”

Maraming salamat po!