Coalition prods Congress: Pass FOI before EDSA’s 30th

THE FREEDOM OF INFORMATION Act is on the cusp of passage into law, if only the House of Representatives will work with a little more speed and focus on the bill in the next nine months.

Should that happen, an FOI law might well be the best Christmas gift that the 16th Congress and the administration of President Benigno S. Aquino III could offer the citizens.

In a statement issued today, May 12, the Right to Know, Right Now! Coalition of over 160 civil society organizations and leaders urged Congress to rush action on the FOI bill, and assure its passage into law by February 2016.

The Coalition said an FOI law could serve as “the perpetual pillar and legacy of the democracy that Filipinos claimed and restored under the leadership of Aquino’s late mother, Corazon ‘Cory’ Aquino.”

Next year, the nation will mark the 30th anniversary of the 1986 EDSA People Power Revolt.

Already 103 countries worldwide with combined population of 5.8 billion have adopted FOI and access to information laws, starting with Sweden in 1776 and ending with Mozambique in 2014.

Will the Philippines have its FOI law soon, much later, or never at all? That is the big challenge to President Aquino and the 16th Congress before they bow out of office in June 2016, the Coalition said.

Members of the Coalition have been campaigning for an FOI law over the last 14 years, or since the 12th Congress and three presidents ago.

To monitor the status of the FOI bill in the House and the Senate, according to its reasonable timetable, the Coalition has launched a project, “Congress Action on FOI Tracker.”

The FOI Tracker will provide the public with timely and regular updates on the status of the FOI Bill, including a periodic assessment of the lawmakers’ action on the passage of the bill, based on the substantive quality and integrity of their work, according to the Coalition’s timetable.

While the FOI law is well positioned for passage, it still teeters between birth and death, should the leaders and members of the House fail in their task, according to the Right to Know Coalition.

It said a few good things must happen for the FOI bill to become a fulfilled promise and solid legacy of the Aquino administration:

* The House Committee’s consolidated version of the bill must be sponsored in plenary, and interpellation and debate substantially started between now and June 11, when the second regular session adjourns sine die.

* The period of interpellation is done, the bill is approved on second reading, amendments are finished, and the FOI bill is approved on third reading in the House between July 27, 2015 (when Congress starts its third regular session) and November 2015.

* The bicameral conference committee of the Senate and House has finalized a reconciled bill and its report is ratified in both chambers by December 2015.

* The Enrolled People’s FOI Bill must have been presented to the President for approval by January 2016.

* President Aquino signs the enrolled bill into law in February 2016, just in time for EDSA’s 30th anniversary.

By this timetable, the Right to Know Coalition said it will monitor and judge the action of the House, the Senate, and the President vis-à-vis the FOI bill, a major and popular advocacy of the Coalition’s 160-member organizations over the last 14 years.

A broad range of organizations signed the Coalition statement, including the Makati Business Club, FOI Youth Initiative, National Secretariat for Social Action, Justice and Peace (NASSA) of the Catholic Bishops Conference of the Philippines, Philippine College of Physicians, Code-NGO, Public Services Labor Independent Confederation (PSLINK), Focus on the Global South-Philippines, Libertas, Transparency and Accountability Network, Center for Migrant Advocacy, Partido Manggagawa, Ang Kapatiran Party, Pambansang Kilusan ng mga Samahang Magsasaka (PAKISAMA), PAL Employees Union, Philippine Alliance of Human Rights Advocates (PAHRA), Peace Women Partners Inc., STOP the War Coalition Philippines, Save Agrarian Reform Alliance, Freedom from Debt Coalition (FDC), Action for Economic Reforms (AER), Center for Community Journalism and Development (CCJD), Center for Media Freedom and Responsibility (CMFR), National Union of Journalists of the Philippines (NUJP), and Philippine Center for Investigative Journalism (PCIJ).

The eminent persons who also signed the Coalition statement include former House Deputy Speaker Lorenzo R. Tañada III; Dr. Wilfrido Villacorta, member of the 1986 Constitutional Commission and co-sponsor of the Right to Information provision; Prof. Edna E. A. Co of the UP Center for Integrative and Development Studies, Dr. Nicole Curato of the Centre for Deliberative Democracy & Global Governance, University of Canberra; Dr. Sylvia Estrada Claudio of the UP Department of Women and Development Studies; and Prof. Aileen San Pablo-Baviera of the UP Asian Center.

Five points vs. ‘the dark side’

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

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.