A region gagged by law

REPORTERS in the Philippines light candles during a commemoration for the Ampatuan Massacre, the single deadliest attack on journalists in the world. Thirty-two media workers and reporters were murdered in the southern Philippine province of Maguindanao | Photo by Julius D. Mariveles

REPORTERS in the Philippines light candles during a commemoration for the Ampatuan Massacre, the single deadliest attack on journalists in the world. Thirty-two media workers and reporters were murdered in the southern Philippine province of Maguindanao | Photo by Julius D. Mariveles

AS the world marked World Press Freedom Day on May 3, 2015, we are publishing this overview of the Southeast Asian Press Alliance (SEAPA) on the situation of press freedom in the region originally published on its website with the same title on May 3, 2015.

RULES imposed on journalists, media and free expression form the distinct highlight in the situation in Southeast Asia in 2015. Most countries in the region, with a few exceptions, largely stayed put with regards to their situation of press freedom and freedom of expression, with the same prevailing issues of media restriction, control and violence in varying degrees in each country.

The exceptions to this trend are not positive developments, with three countries experiencing serious setbacks in media freedom and freedom of expression.

The big news of the year is about Thailand, and how the country turned around from having a relatively free press to being one of the most restricted in terms of media and public expression. The military junta that took power in the 22 May 2014 coup d’etat has imposed strict bans on media, public and online criticism of government while it overhauls the political system before calling for elections in 2016. Generally, media and citizens have learned to keep within the rules after hundreds were ‘invited’ the the military for ‘attitude adjustment’ – euphemisms for summons and detention. Or maybe, people are just biding their time.

Burma, officially known as Myanmar, continued and intensified last year trend of deterioration in its new found media freedom. From jailing individual journalists in 2013, the government has now taken action against publications and collective actions of journalists by using security and criminal defamation laws.

Veteran journalist Ed Lingao on the field in Afghanistan

Veteran journalist Ed Lingao on the field in Afghanistan

Press Laws

Seven out of eleven countries in Southeast Asia have press laws – or laws that oversee the role and functioning of news media or journalism. These laws are different from media licensing laws, which regulate how media, whether print, broadcast or online, can be established. The latest countries in the region to legislate press laws are Burma in 2014 and Timor Leste in January this year.

Press laws in the region have different frameworks and principles. For example, Indonesia’s Press Law of 1999 defines and protects journalistic work. It is a model for the region as a guarantee to keep the media free from state intervention and harassment. At the other end of the spectrum, the respective press laws in Laos and Vietnam direct media to serve as the propaganda arm of the state, placed under direct control of the government or the single party governing the country. Nonetheless, most press laws still imbue some form of rights for the journalist to gather and report information.

The region, however, is moving toward increasing regulations and restrictions as new rules are imposed to restrict freedom of expression in general and media reporting in particular.

Photo by Julius D. Mariveles

Photo by Julius D. Mariveles

Timor Leste’s new Press Law, intended to protect and develop the young nation’s media, has effectively put new rules and restrictions on journalistic practice. Previously, the media enjoyed a broad constitutional guarantee of press freedom and freedom of expression. Now, apart of having a code of ethics enforced by legislation, the Press Law imposed rules on who can conduct journalistic practice in the country.

Burma’s new News Media Law was passed by parliament last year to replace the 1962 Printer and Publishers Registration Law that governed the media throughout the half-century rule of successive military juntas. Among others, the law upholds some journalistic rights and institutes professional self-regulation. However, the law was passed alongside a Printing and Publishing Enterprise Law (PPEL) that retained government licensing prerogatives and outlined prohibited content that can be the basis for revoking permits.

“In front of computer screens, bloggers and netizens are writing, commenting and criticising governments in Laos, Singapore and Vietnam on an unprecedented scale. Even the quiet act of reading, at times requiring proxies to access blocked online information, brings hope that change is happening – maybe slowly but for certain.”

In reality, the status of the new press law in Burma is uncertain. A permanent Press Council has not been appointed to replace or formalize the interim body appointed while the law was being drafted. Instead of using mechanisms in the law to address professional and ethical breaches, authorities have used criminal charges based on security laws and defamation to jail journalists. On the other hand, the PPEL has been invoked in closing down four community journals in Chin State for not having a permit.

In Cambodia and Malaysia, the licensing regulations are being wielded as a political tool for approving applications of independent media for broadcast (in Cambodia) and publication (Malaysia) licenses in environments dominated by allies and supporters of the ruling parties.

Click on the image to read the full statement on the SEAPA website.

NERLITA LEDESMA, one of the journalists in the Philippines killed this year | Photo from Nerlita Ledesma's Facebook page

NERLITA LEDESMA, one of the journalists in the Philippines killed this year | Photo from Nerlita Ledesma’s Facebook page

Real journalism in a dangerous world

Earl G. Parreno

“Professional integrity is the cornerstone of a journalist’s credibility. Ethical journalism means dedication to accuracy: fact-checking and credible sources.” – US Ambassador Philip S. Goldberg

“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.” – Terence Jones, United Nations Resident Coordinator

WHILE statistics show a significant decline in the number of extra-judicial killings (EJK) in the Philippines, “there is still a tragic number of deaths” recorded the past recent years, United States Ambassador to the Philippines Philip S. Goldberg yesterday told a forum marking World Press Freedom Day.

UNITED STATES Ambassador to the Philippines Philip S. Goldberg speaks to journalists, bloggers, students and press freedom advocates during a forum to mark World Press Freedom Day in Manila, Philippines on 29 April 2015 |Photo by Cong B. Corrales

UNITED STATES Ambassador to the Philippines Philip S. Goldberg speaks to journalists, bloggers, students and press freedom advocates during a forum to mark World Press Freedom Day in Manila, Philippines on 29 April 2015 |Photo by Cong B. Corrales

The number of EJKs, he said, including those against journalists, have declined from a high of over 200 per year in the late 2000 to around 50 to a hundred per year in recent years.

“We’ve seen some positive development with regards to press freedom in the Philippines over the last few years. But it’s not there yet,” he said, stressing that “We all have to work so that number becomes zero.”

Speaking in the same forum, Terence Jones, the United Nations Resident Coordinator, pointed out that, “At least one journalist is killed each week in conflict and non-conflict areas (around the world).”

The UN official said, “For peace to be lasting and development sustainable, human rights must be respected. Everyone must be free to seek and impart knowledge and information through media online and offline.”

According to Jones, “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.”

“At least one journalist is killed each week in conflict and non-conflict areas (around the world),” says Terence Jones, United Nations Resident Coordinator to the Philippines during a forum to mark World Press Freedom day held 29 April 2015 in Manila | Photo by Cong B. Corrales

The UN, he said, has a Plan of Action with the goal of making journalists safe and putting an end to impunity.

The Philippines is ranked as one the most dangerous places in the world for media personnel.

The UN has declared May 3rd of every year as World Press Freedom Day. The forum, held at the Bayleaf Hotel in Intramuros, was attended by media practitioners, internet bloggers, journalism students, and human rights advocates. It was organized by the Philippine Center for Investigative Journalism (PCIJ) with the support of the US Embassy in Manila and the United Nations Development Program (UNDP).

View clip of Ambassador Goldeberg’s keynote address below. Video by Cong B. Corrales

Ambassador Goldberg, for his part, emphasized the role of “real” journalists in society, pointing out that it is a unique and venerable vocation that requires many different attributes namely, ethics, dedication and bravery.

“They give voice to those without political or economic power. Journalists do this because they have heart, they have heart to expose the truth,” he stressed.

However, he said, “anyone who knows how to write these days could call themselves a journalist.”

“In so many ways you could get your message to the public, through the internet, through blogs. In fact it seems anyone who knows how to tweet these days can say they are journalists,” Goldberg said.

But being a real journalist involves something more, he again emphasized. “It involves real truth-seeking, truth-telling. It’s not fabricating stories to make money or exaggerating the headlines to sell the paper,” the Ambassador said. “Professional integrity is the cornerstone of a journalist’s credibility. Ethical journalism means dedication to accuracy: fact-checking and credible sources. It means educating oneself on a variety of topics to ensure stories are well-informed.”

Too, Goldberg reiterated that press freedom means “freedom from fear, freedom from intimidation, freedom from violence for the journalist, and for the citizen.”

“It’s the right to tell your story, share your opinion and have your voice heard. (But) it’s a two-way street,” he said, and “that puts a tremendous burden (on journalists) in telling that story in a responsible and fair way.”

Not as obvious as a gun

We are printing the full text of the speech given by Rowena Paraan, chairperson of the National Union of Journalists of the Philippines given during the forum for World Press Freedom Day in Manila, Philippines entitled “Let Journalism Thrive: The right to life, the right to know, the right to free expression.

Not all threats to Press Freedom are as obvious as a .45 caliber gun

“The can be no press freedom if journalists exist in conditions of poverty, corruption and fear.”

News organizations last night had more than the usual skeleton staff on duty. A lot of us in fact stayed up until three this morning to monitor the execution of Mary Jane Veloso at an island prison in Indonesia. Mary Jane came from a poor family of sakadas or seasonal farm workers. She has two sons and, just like the 3,700 Filipino workers who leave the country daily, she decided to work abroad in order to feed her family.

We all know by now the story of Mary Jane. She was recruited by a family friend to work in Malaysia but when she got there, there was no job. Instead she was made to go to Indonesia, unknowingly (according to supporters) carrying luggage with heroin hidden in the lining. With limited English, interrogated without legal counsel and her family receiving death threats from the drug syndicate, she was convicted and sentenced to death by firing squad.

NUJP chairperson Rowena Paraan | Photo by Cong B. Corrales

NUJP chairperson Rowena Paraan | Photo by Cong B. Corrales

So why am I talking about Mary Jane Veloso? A lot of Filipinos find themselves in situations like that of Mary Jane, including Filipino journalists. Anxious to provide for their families, desperate to break away from poverty and often forced to risk their safety to get the kind of picture or interview that the networks or newspapers would be willing to pay for.

When we talk about threats to press freedom, the first things that come to mind, especially if in the context of countries like the Philippines, are the killings of journalists. But some threats to freedoms are not always as obvious as a .45 caliber gun or as loud as a gunshot. Some attacks happen quietly and hit us where it hurts the most: in the stomach, or sikmura. But, ironically, many journalists have gotten so used to the situation that they no longer see or they fail to understand how it already undermines basic rights and freedoms, including the right to a free press.

US Ambassador Philip S. Goldberg, gave the keynote address to the forum for World Press Freedom Day held in Manila, Philippines on April 28, 2014 | Photo by Cong B. Corrales

US Ambassador Philip S. Goldberg, gave the keynote address to the forum for World Press Freedom Day held in Manila, Philippines on April 28, 2014 | Photo by Cong B. Corrales

I have talked about the plight of media workers before (pasensiya na po kung paulit-ulit) but I am bringing it up again, this time in the context of World Press Freedom Day.

Among our colleagues, community journalists have always been the most vulnerable — to assassin’s bullets or to exploitation and abuse by media owners.

Most community media outfits are too small to be able to provide adequate compensation and benefits to their workers.

A community journalist in Zamboanga for example, who is now in her 30s, reported to NUJP that all the papers she has worked for have always paid way below the minimum. At the moment, she receives the average paltry sum of P80 a day or P2400 a month.

SOME of the participants to the forum for World Press Freedom Day held in Manila, Philippines on April 29, 2014 | Photo by Cong B. Corrales

SOME of the participants to the forum for World Press Freedom Day held in Manila, Philippines on April 29, 2014 | Photo by Cong B. Corrales

Journalists are also sometimes made to sign two sets of payroll. In one radio station for example, one payroll indicates a salary of P8000 and the other P5000. The same goes even with the required 13th month pay.

Community reporters usually have neither medical insurance, social benefits nor bonuses.

But there are still far more horrendous ways that community journalists are exploited.

There are media outlets that do not pay at all their reporters, leaving them to find ways to earn money using their press cards. “Diskarte” is how it is usually referred to. This may entail knocking on the door of officials, letting them hear the recording of the commentary or news report that aired recently wherein the official is given much prominence. With fingers crossed, the reporter hopes that the official is grateful or happy enough to slip him or her a Ninoy Aquino bill, depending on how much pogi points he will get from the broadcast.

UNITED NATION's county representative Terence Jones | Photo by Cong B. Corrales

UNITED NATION’s county representative Terence Jones | Photo by Cong B. Corrales

Some media owners take on politicians as clients, their stations or papers serving as mouthpieces. In exchange, the clients take care of their reporters’ salaries. If the client happens to be the mayor, reporters are sometimes included in the city hall’s payroll.

Then there are those that compel their news staff to solicit advertising to get commissions in lieu of wages. This makes it difficult for the staff to publish reports critical of the entity that have placed the ads. This, we all know, is one of the oldest and most effective ways of influencing media.

But let us not forget the leasing of airtime to unscrupulous politicians who then put / in the blocktime program / media colleagues desperate for work in an increasingly shrinking job market. The journalists then are used as surrogate warriors in their political battles.

These practices have reduced journalists, who used to be very highly regarded being vanguards of democracy and freedom, to almost the level of mendicancy and stripped of dignity.

Furthermore, the lack of decent wage, the absence of job security and the little job opportunities available – ALL make the journalists extremely vulnerable. Just like Mary Jane Veloso, forced to go to Indonesia and later Malaysia despite the uncertainties and risks.

On the other hand, the tactics employed by owners to squeeze as much profit as possible from every issue, every broadcast brazenly violate labor laws. They not only violate economic rights and dignity. They also put the journalists in the line of fire, often leading to them getting threats, being charged with criminal libel, or even physically attacked.

Many, even us media groups, have linked some media killings to a serious lack of ethics and professionalism in quite a number of practitioners. We have never denied the truth to this observation and NUJP has worked hard to promote ethics and professional practice.

But I have to ask: Since when has corruption been a license to murder? And even if it were so, shouldn’t government institutions and agencies be the first to be depopulated?

And while it is true that, in the end, ethics is a personal choice, often overlooked is the fact that corruption does not spring out of a vacuum. There is, indeed, an urgent need to look into the lack of ethics in our ranks. But there is just as urgent – if not more – need to look into the equally serious lack of ethics among media owners and managements.

How can ethics take root and thrive when infotainment and ratings trump real information and public service, when media outfits knowingly hire the unqualified and unskilled because they are cheaper, when many media workers struggle to survive on less than the legal minimum and hardly any benefits, when a media outfit requires its workers to seek ads / or farms them out to clients, when stories are killed because they are deemed inimical to media owners or their allies, when block time continues to be sold to and bought by political and business interests to attack their foes?

The truth is, many of the travails faced by the working press spring from the same malevolent social, economic and political power structure that defines what passed for governance in our benighted land. Even as they often are the ones the oppressed turn to for help, journalists too are among the most oppressed.

Last week, several of our colleagues from a major television network found themselves suddenly jobless. As of our last count, there are already more than 250 of them retrenched. The reason given was “strategic streamlining” geared toward “increasing ratings and revenues.”

For me, for NUJP, for us who are campaigning to improve the condition of the working press and defend the right of the people to a free press – and let me make this very clear – this is not an issue of Kapuso, Kapamilya or Kapatid.

What we know is that it is something that can happen to any of us, any time. As in any industry, the drive to maximize earnings has come at the expense of the workers, leading to the erosion of job security and welfare, with contractualization increasingly becoming the norm, even in the largest media outfits.

Before I end, let me go back to Mary Jane. Reporting to netizens the reprieve that had been given to Mary Jane Veloso last night, the petition campaign platform change.org said in its website something that resonated in me. It said, “Miracles happen when people choose to stand for justice.”

This is now what journalists AND THE PUBLIC must do.

We, media workers, should close ranks and zealously defend our rights and welfare and the dignity of journalists and the press. In so doing, we are also defending our people whose right to information is our utmost priority. Together with the public, we choose to stand for the people’s rights.

Beyond the territorial dispute in the South China Sea

Earl G. Parreno

THEY are some of the most destructive land reclamation projects in the country. But unlike other planned developments that have become controversial because of their adverse impact on the environment, these are all taking place almost under the radar. China’s land reclamation projects on reefs, islets and rocks in the Spratly Islands—and their impact not just on the country’s national, but more significantly, food security—are hardly catching the public’s attention.

Sunset on the South China Sea off M?i Né village on the south-east coast of Vietnam | Photo from en.wikipedia.org

Sunset on the South China Sea off M?i Né village on the south-east coast of Vietnam | Photo from en.wikipedia.org

Yet, China’s aggressive action in the disputed areas in the South China Sea may lead to a catastrophic collapse of marine biodiversity and fishery in this part of the globe.

“This issue goes beyond territorial dispute,” says Vince Cinches, Oceans Campaigner of Greenpeace. “Reclamation projects in biodiversity impact areas are irresponsible.”

Cinches says that China’s reclamation in the South China Sea, now estimated to have reached 311 hectares, are destroying some US$100 million a year of what is called the Coral Reef Ecosystem Services, quoting a study conducted by Emeritus Prof. Edgardo D. Gomez of the University of the Philippines Marine Science Institute.

Ecosystem services are direct and indirect contribution of the ecosystem to the survival and quality of human life. They include food and other raw materials the ecosystem provides, as well as its role in regulating climate and moderating ecological disturbances.

Concretely, the reclamation of 311 hectares would translate into a 20 percent reduction of fish catch in the area. It could affect more than 12,000 fishers in four provinces of the country namely, Pangasinan, Zambales, Bataan and Palawan. In 2014, some 21,186.8 metric tons of fish were harvested in the South China Sea, according to estimates by the Bureau of Fisheries and Aquatic Resources (BFAR). This could go down to just 17,000 metric tons this year, based on Greenpeace’s figures.

But China, which is claiming 85.7 percent of the 3.5 million-hectare South China Sea as its own, is planning to build bigger islands from the reefs and underwater rocks. This would mean greater destruction to the reef ecosystem in the area. For instance, in Mischief Reef (also called Panganiban Reef), just 112 nautical miles from Palawan and well within the 200 nautical miles exclusive economic zone of the Philippines, China has built an artificial islet that now measures around 3.2 hectares. Based on satellite photos, this reclamation project, which started only in January this year, can reach at least 500 hectares when done. China has reclamation activities on seven reefs in the Spratly’s at present.

View the lecture of Supreme Court Senior Associate Justice Antonio T. Carpio on the South China Sea issue below.

“Reefs are the breeding ground of fish,” says Cinches, “but the Spratly Islands is also important in larval dispersal.” He explains that when the eggs spawned by the fish on the reefs in the Spratly’s are hatched these are carried by the ocean currents to as far as Indonesia where they grow and mature.

“Destroying the reef ecosystem in the Spratly Islands affects the fish supply not just in our country but in the neighboring countries as well,” Cinches points out.

China contends that the reclamations are intended to “improve the living and working conditions of those stationed on the islands.” When it occupied Mischief Reef in 1995, it rationalized its action by saying that the reef will provide “shelter” to its fishermen. Several years on, however, Chinese troops stationed in the reef are shooing away Filipino fishers trying to make a living from the bountiful marine resources in the area. In fact, China has appropriated for itself the fishery resources in the whole South China Sea, with its heavily armed coast guard fleets patrolling the area.

Indeed, China’s aggressive action in the South China Sea is not only gobbling up Philippine territory. It is also eating up the country’s fish supply. A grave matter that the public should know, and act on.

The Ampatuan Files

PHILIPPINE regional trial court Judge Jocelyn Solis-Reyes has finally denied the petition for bail of Andal Ampatuan Sr., the principal suspect in the 2009 Ampatuan massacre that led to the death of 58 people, 32 of them journalists and media workers.

Andal Ampatuan Sr

‘AS AN important note, however, the ruling of the court is not in judgment of guilt or innocence of the accused which requires proof beyond reasonable doubt which is addressed during a full-blown trial,’ Judge Solis-Reyes adds in her ruling denying the bail petition of Andal Ampatuan Sr. | Photo from interaksyon.com

Reyes, who is hearing the murder charges against the accused, denied Ampatuan’s bail plea more than five years after charges were filed against the suspects in what is now considered as the single deadliest attack against members of the media.

“Wherefore in view of foregoing and finding that evidence of guilt of accused is strong the bail petitions filed by Datu Andal Ampatuan Sr. are hereby denied,” Reyes said in her ruling according to a report of gmanetwork.com.

How influential are the Ampatuans in Maguindanao province? How well-connected are they? In 2013, the PCIJ released its documentary “Angkan,” which explored clan politics in the southern Philippine province.

Angkan Inc., is a documentary produced by the Philippine Center for Investigative Journalism in an effort to understand the past, present, and future links that define the clans that have ruled Maguindanao province for centuries. Maguindanao is one of several province whose ruling clans have a long historical and cultural heritage. As such, the clans are seen as very much a part of Maguindanao culture. However, the clans have, over the decades, also intruded into the local and national political scene with the help of patrons in Manila who see their use in the gathering of votes.

And how wealthy is Andal Ampatuan Sr? What are his businesses? Interestingly, the PCIJ found out in 2011 that while Andal Sr declared in his statements of assets, liabilities, and net worth that he is a simple farmer, he and his son, Zaldy, own more than 65 properties scattered throughout Maguindanao, Cotabato City, Davao City, and even in ritzy Dasmariñas Village in Makati, home to many foreign embassies and a refuge of the country’s rich and famous.

“These real properties range from a two-hectare farm lot in Cotabato City, to magnificent structures in Davao City and Shariff Aguak that tower over the simple abodes of one of the country’s poorest provinces. One residential property in Davao City alone covers at least 4,000 square meters, and has a mansion that dwarfs other high-end homes with its opulence.” – An Anarchy of Mansions

Click on the photo to read the full story.

The tall gates conceal the mansion in Juna Subdivision, Davao City, that is owned by Andal Ampatuan Sr. | PCIJ File Photo

The tall gates conceal the mansion in Juna Subdivision, Davao City, that is owned by Andal Ampatuan Sr. | PCIJ File Photo

Tomorrow: The money of the Ampatuans in the banks and how they tried to secure amnesty for their guns.