A bucket list for PNoy presidency: FOI, Mamasapano, BBL & more

IN THE TWILIGHT of his presidency, what “unfinished priorities” should top the bucket list of Benigno S. Aquino III’s administration?

To the captains of business like Ramon del Rosario, chairman of the Makati Business Club, a few urgent and important things should command the administration’s unqualified attention in its last 16 months in office.

Del Rosario, in a speech he delivered on Tuesday at the Fourth Arangkada Philippines Anniversary Forum in Makati City, posits a fairly long list of what he called the “priority measures of the business community for 2015-2016.”

He may be faulted for the volume and verbiage of his proposals but possibly not for speaking out. Del Rosario was among the top businessmen who had supported Aquino from when he launched his bid for the presidency, and throughout his 56 months in power.

In del Rosatio’s mind, in his final months, the Aquino administration would do well to:

* Pass the Freedom of Information law, a “most critical” piece of legislation “to institutionalize the gains of the last 56 months” and to nurture “a culture of transparency and accountability” in the public sector.

* Bring the Bangsamoro Basic Law back on legislative track quickly, carry out the peace process to fruition, but also render a “dull accounting” of the “complete facts surrounding the Mamasapano incident” to meet the demands of justice.

* Amend “the restrictive economic provisions of the Constitution as “to determine which areas of the economy should be opened to increased foreign participation” and to shore up economic growth,” as well support legislative measures to create a Department of Information and Communications Technology to “give appropriate focus and support to a sector that should continue to experience dynamic growth,” “a well-crafted Competition Law”, and amendments to the Build-Operate-Transfer Act to “institutionalize the big-ticket project procurement” process.

* The judiciary may also rush trial of the multiple murder case resulting from the Maguindanao massacre in which 58 persons, including 32 media workers, were killed in November 2009. As a complementary effort, the executive may initiate investigation into the unexplained wealth of the Ampatuan clan that stands accused as mastermind of the massacre.

“The case has been ongoing for more than five years” and Del Rosario notes that “it is important in terms of maintaining our people’s faith in our justice system.”

“If a crime as blatant as this is not successfully prosecuted and the perpetrators put to jail, how can we trust our judicial system?” he asked. “With this important trial proceeding at a sluggish pace, questions arise as to whether the government is exerting everything in its power to ensure a speedy and fair resolution.”

And as “a final point and challenge,” del Rosario said that “perhaps the most critical test for this administration in terms of preserving its gains is the choice of the presidential candidate who will continue the good governance and development agenda, who will enjoy the endorsement of what I still believe is a respected and popular president, and who will have the support of the administration’s political party and machinery.”

He did not make any reference to the emerging and willing top candidates of the LP, including Interior and Local Government Secretary Manuel “Mar” Roxas II, but del Rosario cited the need for Aquino to marshall his allies to consensus behind his anointed successor and avoid bringing the nation to a “two steps forward and three steps backward” situation.

“We have already had previous experience where an incumbent president was unable to gather a consensus among his allies for a winnable and worthy successor and the result was ultimately more than a decade of lost opportunities for our country,” del Rosario said, “We must not let this come to pass again.”

“I am sure,” he said, “that everyone in this room wants the Philippines to break away from our tendency to take two steps forward and three steps backward, and that effort to unchain ourselves from that trend must start right now.”

The full text of del Rosario’s speech follows:


MAKING GROWTH INCLUSIVE – PRIORITY MEASURES
OF THE BUSINESS COMMUNITY 2015-2016
By Ramon R. Del Rosario Jr.
Chairman, Makati Business Club

First of all, thank you for this great honor of addressing you at the fourth anniversary forum of Arangkada Philippines. Arangkada is an excellent venue for constructive dialogue, where the private sector speaks with a unified voice on specific ways by which the Philippines can further accelerate its progress, while government has the opportunity to update the business community on the tangible measures it seeks to implement towards sustained and inclusive growth.

The Aquino administration is now entering the homestretch of its term. There are now only 16 months remaining to institutionalize the much-needed and long-overdue reforms that will ensure that the considerable gains of the last four-and-a-half years will not be reversed. After all, the President himself stated in his inaugural address that he wants strong institutions to be the legacy of his term—and this is a goal that the business community wholeheartedly supports.

To give credit where it is due, the Aquino administration deserves high marks for its excellent handling of our economic fundamentals. Congratulations indeed to Secretary Purisima and the other members of the Economic Development Cluster for laying rock solid foundations for our economy even in the face of numerous natural and man-made calamities we have had to face.

The Aquino government also deserves much credit for its transparency initiatives, as we recognize the contributions that Open Data Philippines, the Budget and Customs ng Bayan webportals, and the visible online presence of the Official Gazette, among others, bring to our good governance agenda and to the development of a culture of greater transparency and accountability.

In international relations, the Aquino administration likewise deserves credit for the very principled position it has taken of insisting on resolving our maritime disputes through the rule of law, which has gained the country unprecedented admiration and respect in the community of nations. Of course, this is in addition to the excellent work being done in economic diplomacy, especially with our country’s hosting of APEC this year. The government can certainly count on the private sector’s support as we prepare for the APEC Economic Leaders’ Meeting later in November.

Clearly we are in much better shape today than we have been for the last 16 years. And with the growth momentum of the last three years, including the strong growth of the entire 2014, most especially the vigorous growth of the 4th quarter, we looked forward to a very dynamic 2015.

Then, 37 days ago came Mamasapano and with it, questions on whether this unfortunate tragedy would threaten to reverse all that we have achieved these past four-and-a-half years and possibly usher the country into another long period of lost opportunities and unrealized potential.

It was in this context that many of us in the business community issued a statement calling for sobriety, courage and unity. The statement appropriately expressed the business community’s utmost respect and sympathies to the families of the gallant policemen of the PNP Special Action Force, and the families of our brother Muslim Filipinos and the innocent civilians who perished in that tragic encounter.

But we noted too that in the midst of our collective grief, certain groups and individuals have called for all-out war in Mindanao, carelessly branded our fellow Muslim Filipinos as terrorists, cast doubt on the Bangsamoro Peace Process and the sincerity of our negotiators, and vigorously demanded the resignation of the President. We lamented that such brinkmanship tactics have put at risk the entire peace process, which the government and our local and international partners have painstakingly worked on for decades, and the laudable milestones that the country has achieved since 2010. Thus, we declared that we do not and will not support calls for an all-out war and for the resignation of President Aquino, as we declared our continuing support for the Bangsamoro peace process.

As we further said in our statement, political manipulation must not be allowed to take advantage of legitimate emotion and grief to the point that reason will be discarded and all the gains we have made will be undone. Rather, we appeal for sobriety, courage, and unity, as we channel our energies towards reconciliation and a genuine search for truth and justice.

In reiterating our support for the Bangsamoro Peace Process we said that there is no other alternative to guarantee the aspirations of the Bangsamoro people but total and lasting peace, and the passage of the Bangsamoro Basic Law is a crucial component in the overall strategy for peace in Mindanao. We therefore appeal to the Aquino administration and all parties involved to put the peace process back on track at the earliest time possible.

To achieve this, the complete facts surrounding the Mamasapano incident must still be satisfactorily established and the demands of justice must be served. Thus, we also call on the PNP Board of Inquiry, the Armed Forces, the MILF, the Department of Justice, and Congress to complete their investigations at the soonest time possible and render their reports to the nation. But as these inquiries are unlikely to fully satisfy the public, it is likely that President Aquino, as our Commander in Chief, will have no other recourse but to himself give the Filipino people a full accounting of the incident that lets all the chips fall where they may. Indeed, only with a full and satisfactory accounting will our common pursuit of justice be possible, and only when justice is satisfied can the peace process move forward.

While I fully support putting the peace process back on track as early as possible, with the hope of still passing the Bangsamoro Basic Law and implementing the required referendum in the next 16 months, I share the pessimism of many that the prevailing environment and the shortage of time may no longer allow all the work to be done in this limited period. But I certainly do not see this as an argument to give up on Peace in Mindanao. I see it as another reason to be very discriminating about our choice of leader in 2016!

Getting the Bangsamoro peace process back on track early is also critical in order that we as a nation can maintain the forward momentum we have gained over the past 56 months. We have much work ahead not only to institutionalize our gains, but also to fully realize the vast potentials that are now within our reach. The public and private sectors must come together to place the country on a continuous path towards progress and development and this requires an assertive effort to focus on unfinished, but certainly critical, priorities.

Let us first review our legislative priorities.

If we truly wish to institutionalize the gains of the last 56 months, the most critical among these is the Freedom of Information Bill, which I continue to hope will finally pass in the House of Representatives this year as promised by no less than Speaker Belmonte. I earlier mentioned some of the government’s transparency initiatives; however, we strongly support the FOI bill as it will institutionalize the culture of transparency and accountability that President Aquino has initiated. The first FOI bill was filed all the way back in 1987 in compliance with the Constitution. 28 years is certainly too long a time for a Constitutional mandate and a basic right to remain unrealized. The FOI bill must be passed so that our noteworthy good governance gains will be largely irreversible and sustained in subsequent administrations.

Next, I would like to strongly reiterate our call to amend the restrictive economic provisions of the Constitution as embodied in House Resolution No. 1 by Speaker Feliciano Belmonte. This amendment will give Congress the flexibility to determine which areas of the economy should be opened to increased foreign participation based on thorough deliberations from the committee level to the plenary. The Philippines is among the very few nations with specific economic restrictions lodged into its constitution, whereas a large number of countries subscribe to the principle of allowing their legislatures to determine economic policy. There is no better time than now to accelerate the process of opening up our economy as we host the annual meeting of APEC, which champions policies of open markets and enhanced investments and trade among its member economies.

We also believe that engaging in economic Charter Change will be beneficial for the medium- and long-term, especially in this period of ASEAN integration and the improved attractiveness of the Philippines as an investment destination. Significantly, greater openness in certain sectors is a prerequisite to joining high-level agreements such as the Trans-Pacific Partnership. Research by Dr. Cesar Cororaton of the Virginia Polytechnic Institute and State University said that Philippine exports are seen to rise significantly with TPP membership. Also consider that since a good number of our major trading partners, such as the United States, Japan, Malaysia, Singapore, and Vietnam, are part of the TPP, we definitely cannot afford to be left out of this agreement and face severe handicaps in future trade with these countries.

I would also like to add my support to well publicized initiatives from business for the creation of a Department of Information and Communications Technology, which will give appropriate focus and support to a sector that should continue to experience dynamic growth. Critical also to maintain our growth momentum is a well-crafted Competition Law to promote a level playing field in our country and further improve our investment climate. Finally, we fully support the passage of the amendments to the Build-Operate-Transfer Act, which will institutionalize the PPP Center and its various mechanisms, and further strengthen the present processes in big-ticket project procurement.

Allow me now to move to the judiciary.

The Maguindanao massacre case has been ongoing for more than five years. I think this case is important in terms of maintaining our people’s faith in our justice system because if a crime as blatant as this is not successfully prosecuted and the perpetrators put to jail, how can we trust our judicial system? With this important trial proceeding at a sluggish pace, questions arise as to whether the government is exerting everything in its power to ensure a speedy and fair resolution. While this complicated case involves powerful individuals with significant resources at their disposal, there are actionable steps that can be done to expedite the cases. For instance, a prominent law dean suggested that the cases against the Ampatuans be separated and prioritized, so that these will be resolved expeditiously. Access to assets and outside communications of the accused can also be severely curtailed to prevent any further intimidation or elimination of witnesses. Certainly, innovative methods of legally and ethically speeding up the resolution of this case, as well as of the cases against former president Arroyo and the senators accused in the Napoles pork barrel scam, can be formulated. In these cases, the defense strategy to delay the proceedings in anticipation of a friendlier administration in 2016 is clear. We implore government to urgently bring all of these to a quick resolution.

Moving now to the executive branch, the most critical priority area is accelerating infrastructure development. Since 2010, we have seen the Public-Private Partnership program steadily gain steam, with about 50 projects of varying sizes in the pipeline due for implementation. By simple observation alone, the country faces a massive infrastructure gap. These mass transportation projects, expressways, seaports, and airports must be rapidly constructed with little to no blockages present.

We are, nevertheless, aware that the awarding of a contract does not guarantee its full and immediate implementation. Another set of challenges emerge after the bidding process which include right-of-way acquisition, imposition of temporary restraining orders by overly active courts, and appeals by losing bidders which are entertained by government. The effective remedy to such concerns is to strengthen our PPP and procurement framework through further refinements of the processes of the various implementing agencies and the amendment of the BOT Law earlier mentioned.

Stability in policy is also important in ensuring adequate electricity supply and price competitiveness. We maintain our position that opening up the Electric Power Industry Reform Act to amendments will result in regulatory uncertainty that may cause the deferment or cancellation of power sector investments. EPIRA aims to privatize the power industry, foster competition, and bring down power prices. The first goal has been achieved, but the critical bridge between the first and the third goal is missing. Thus, what is needed to solve our energy supply and pricing woes is the full and proper implementation of EPIRA. Besides this, investments in more base load and peaking plants must be encouraged by formulating a clear energy security and price competitiveness roadmap with specific targets and timelines—the business community is still looking for such a genuine roadmap.

Just as an aside: You may be aware that we are facing a potential gap in power supply over the next few months. There is a continuing drive for more participants in the Interruptible Load Program being implemented by Meralco, as well as the Retail Electricity Suppliers Association. I encourage corporations with substantial self-generating facilities to sign-up in this program, as well as for government to support this with a well-designed and highly practical energy conservation program. I believe the Department of Energy has already started a communications campaign on these energy conservation tips, and I hope that this will continue and gain more traction in the weeks to come.

In terms of other critical job generating sectors, we note that agriculture continues to perform below its potential. A third of our workforce is employed in agriculture, therefore it is imperative that roadmaps for specific agriculture subsectors be formulated and immediately implemented. Possible models to follow are the roadmaps of the Department of Trade and Industry for certain manufacturing industries. In addition, these roadmaps must be supported by adequate investments that will focus on increasing the productivity and welfare of both our farmers and fisherfolk.

As a final point and challenge, in an opinion article I wrote for the Inquirer last January, I mentioned that what is perhaps the most critical test for this administration in terms of preserving its gains is the choice of the presidential candidate who will continue the good governance and development agenda, who will enjoy the endorsement of what I still believe is a respected and popular president, and who will have the support of the administration’s political party and machinery. That challenge remains and is something that cannot be taken lightly.

We have already had previous experience where an incumbent president was unable to gather a consensus among his allies for a winnable and worthy successor and the result was ultimately more than a decade of lost opportunities for our country. We must not let this come to pass again. I am sure that everyone in this room wants the Philippines to break away from our tendency to take two steps forward and three steps backward, and that effort to unchain ourselves from that trend must start right now.

Ladies and gentlemen, these are just a few of the unfinished priorities that the business community believes will greatly assist us in our shared goal of inclusive growth through job generation, poverty reduction, and global competitiveness. The country is facing a great test brought about by the Mamasapano incident. Nevertheless, this brings with it a choice that we must collectively make as a nation: to unite and work together towards our common aspiration of a progressive Philippines, with peace reigning in the conflict areas in the South, with institutions that are strong and politically mature, and with an inclusive economy that gives every Filipino a fair shot at improving his or her lot in life.

Four Arangkada Forums have already been held. It will definitely be a shame if we enter the fifth Arangkada Forum and a large number of these recommendations, which have garnered the consensus of almost all the major business groups in the country, remain unimplemented. The time to vigorously pursue these reforms is now and we in the Philippine Business Groups and Joint Foreign Chambers are ready and willing to work more closely with government during the endgame phase of this administration.

The 14th conviction

No mastermind convicted yet for media killings since 1986

By Cong B. Corrales

LAST WEEK’S conviction of one of the persons accused of the 2010 murder of broadcaster Miguel Belen is but the 14th conviction among 172 cases filed in court against suspected killers of journalists and media workers.

Not a single one of those convicted were masterminds.

Judge Timothy Panga of Regional Trial Court Branch 60 in Camarines Sur sentenced Eric Vargas to reclusion perpetua or imprisonment of up to 40 years for the murder of Belen who was shot on July 9, 2010 while on his way home to Barangay Francia in Sorsogon City.

Belen worked at radio station dwEB-FM. He died of his injuries in a hospital on July 31 that year.

Notwithstanding the verdict, we note that after a case that ran for close to five years, full justice remains elusive because another suspect, Gina Bagacina, who media reports say is a New People’s Army member, remains at large. And given the fact that Belen was known to be tackling politics and corruption at the time of his death, it is most likely that the investigation into the murder has failed to identify the mastermind…Nevertheless, the conviction of Vargas provides a ray of hope in a country where very, very few cases of media killings even reach the courts due to inept investigation or the actual involvement of local executives and police in many of the murders. – National Union of Journalists of the Philippines

The International Federation of Journalists also welcomed the decision.
Of the 23 media killing cases, only four are in the trial stage, five cases filed with the Prosecutor’s Office, 11 cases still under police investigation, one case under preliminary investigation by the Department of Justice, and two cases which the PNP-Task Force Usig has classified as “cold cases.”

While in the Intensive Care Unit, Belen identified Vargas and Gina Bagacina from the rogues’ gallery of the Philippine National Police. Bagacina is reportedly members of the New People’s Army, the armed wing of the Communist Party of the Philippines.

Banga also ordered Vargas to indemnify the Belens an amount of 150,000 for “moral and exemplary damages and to pay the cost of litigation.”

Bagacina is still at large.

MIKE BELEN | Photo from Bicol News

MIKE BELEN | Photo from Bicol News

Bicol News has quoted Belen’s widow Maryjane as saying: “I was not able to sleep for the past three nights in anticipation of this day.”

“She (Maryjane) said it was triumph for them and for those who sought justice for slain media men as she thanked all organizations who assisted them in the fight for justice especially the National Union of Journalists of the Philippines (NUJP),” the Bicol News report reads in part.

The online news portal also quoted Belen’s only daughter, Karen, saying that Panga’s decision was worth the wait and now they have “good news for papa on his anniversary.”

In an emailed reply, Friday, NUJP national chair Rowena Paraan said that while the NUJP welcomes the conviction of Vargas, as it “provides a ray of hope for other cases of media murders in the Philippines, it must be noted that convictions of journalist killers are very few and far between.

“We welcome this conviction but we also demand a more determined effort on the part of PNP and DOJ so that more cases get filed and thus more convictions secured,” said Paraan.

Click on the photo below to read the PCIJ article “23 journalists killed in 40 month of PNoy, worst case load since ’86″

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

Paraan added that the reality is only a handful of cases reach the courts because of “inept investigation or actual involvement of local executives and police in many of the cases.”

For its part, NUJP Camarines Sur Chapter issued a statement that the conviction had taken a long time and is not a complete relief because Bagacina is still at large.

Justice for our fallen colleague might have been a hard and arduous journey but least we can say is that justice though long overdue is after all a common stuff in our justice system,” the NUJP-CamSur statement read.

Festering five

IFJ: Philippines ‘epicenter of impunity’

By Cong B. Corrales

Five is a ludicrous number.

Especially when it refers to the years since the single deadliest attack on the Fourth Estate happened, yet justice remains elusive.

Five years ago, on November 23, 2009, 58 people—32 of whom were media workers—were slaughtered on a grassy knoll in Sitio Masalay, Barangay Salman, Ampatuan, Maguindanao. It has come to be infamously known throughout the world as the Ampatuan Massacre, the worst case of election-related violence in the country, and the deadliest attack against journalists in the world.

Since then, at least 33 journalists have been killed—as if nothing had been learned from the Ampatuan Massacre.

INFOGRAPHICS by Cong B. Corrales

INFOGRAPHICS by Cong B. Corrales

Five years ago, the Ampatuan Massacre caught the Philippine government flat-footed. The incident exposed the several long-festering, long-known yet unaddressed issues.

Five years since, the Aquino government has yet to deliver on its promise of justice for the victims of the massacre—a promise which propelled him into power.

In a report—entitled Ampatuan Massacre: Five years on—the International Federation of Journalists (IFJ) and its local affiliate the National Union of Journalists of the Philippines (NUJP) declared the Philippines as the “epicentre of impunity.”

The 46-page report is an output of the International Solidarity Mission to the Philippines in November 19 to 24, last year. Led by Jane Worthington, acting director of IFJ-Asia Pacific, the mission aimed to investigate the progress—or the lack of it—on justice for the victims of the Ampatuan Massacre.

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

“While President Benigno Aquino III came to power on the promise of justice for victims of Ampatuan, the leader has failed to deliver any meaningful outcome and has gone on to use international forums to take pot shots at the journalists who have been murdered since, suggesting they were somehow to blame for their own murders. As if murder is an acceptable outcome,” Worthington wrote in the report’s preface.

The mission’s head delegate reported that in their meetings during the mission, representatives of the Aquino government declared that President Aquino “cares about all humans, not just journalists.” To which, Worthington rhetorically asked: “how are ordinary citizens to feel safe if journalists keeping the powerful in check are being forced from their jobs out of fear, intimidation or threat?”

“If journalists are to work in cohort with law enforcement agencies to bring killers and the corrupt to justice, they must be given access to information. The Aquino administration would do well to come through on its election promises for Freedom of Information legislation, among others,” added Worthington.

The IFJ also pointed that it has sent numerous letters to Aquino inquiring about the status of the Ampatuan Massacre but all these have remained unanswered.

Read full report below.

Ampatuan Massacre Five Years On.pdf

The IFJ and NUJP have issued the following recommendations after the International Solidarity Mission.

To President Aquino and the Philippines Government:

• To publicly condemn all acts of violence against media workers. Such action would demonstrate the Philippines’ commitment to press freedom and its international human rights obligations to protect media workers.

• Promote the passage of the Freedom of Information (FOI) bill promised by President Aquino during his election campaign. This would address the issue of impunity by providing greater media access to official documents.

• Recognise November 23 as a national day of media freedom in remembrance of the journalist lives lost the Philippines and help promote the role of the media as a vital arm of democracy.

• Mark November 2, the UN-declared International Day to End Impunity for Crimes Against Journalists, in accordance with the UN decree.

• Establish and implement programs outlined under the UN Action Plan on Security of Journalists and the Issue of Impunity and report on the progress and the steps taken by the state to address impunity as requested by UNESCO’s director general. This information is to be released to the international community each year on November 2.

• Commit to provide ongoing financial support to the families of the victims of the Ampatuan massacre; compensate them for the significant impacts of the lengthy trial and for the actions of agents of the state in the massacre, ensure the families are free from any external pressure or bribes.

• Revoke Executive Order 546 which allows local officials to arm members of Civilian Volunteer Organizations (CVOs).

• Provide sufficient resources and political support to ensure that authorities conduct exhaustive and timely investigations and trials relating to crimes against journalists.

On Justice and Human Rights:

• Conduct an independent review of the Inter-Agency Committee on Extra Legal Killings, Enforced Disappearances, Torture and Other Grave Violations of the Right to Life, Liberty and Security of Persons which has been charged with coordinating all government efforts to address media and extra-judicial killings and related cases since 2012. Specifically, refine its coordination work and draw specific roles for each agency and ensure that all journalists and media groups are consulted through regular, detailed updates.

• Investigate thoroughly, prosecute and report on the 54 “priority” unsolved cases of media killings outlined by Justice Secretary, Leila De Lima, as head of the Inter-Agency Committee and publicly disclose the progress on these cases before November 2, 2015.

• Reopen other remaining unsolved cases of slain journalists dating back to 1986 and regularly report with detailed information to the media and public on the status and progress of all cases of killed journalists.

• Ensure a mechanism for the immediate transfer of venue for cases in regional areas critical areas where suspects may influence proceedings, including inclusion by the Supreme Court in the regular court rules upon the determination of the prosecution service or other relevant agency.

• Adopt journalist protection initiatives and legislative reforms implemented in countries such as Mexico, Colombia and Honduras, including recognition of media workers as an “at risk” group and prevention strategies that include much-needed regional and federal structures for protecting human rights.

• Implement the recommendation of the Alston report (2007) for the Ombudsman’s office to formally acknowledge its independent constitutional role in responding to extrajudicial killings plausibly linked to public officials.

• The Department of Justice to consider legislation that would sanction or penalize corrupt prosecutors.

To Law Enforcement:

• Conduct an independent review of the state witness protection program to determine the efficacy and financial investment to ensure witnesses are guaranteed the expected level of protection.

• Enact a statutory framework for the nation’s law enforcement officials to make agencies more accountable through tailored mechanisms of internal review and Parliamentary oversight to report on attacks on journalists within a designated timeframe.

• Investigate all reports of threat, attempted murder, intimidation, assault and attempted bribery of witnesses and victims’ families as well as a systematic prosecution of the suspects in individual lawsuits.

• Ensure Task Force Usig sets targets for the arrest and prosecution of the remaining 84 suspects at large in Ampatuan massacre and for the arrest of masterminds in the Esperat and Ortega killings and to report by May 2, 2015, UN World Press Freedom Day.

• Ensure the Task Force’s investigations extend to the criminal masterminds behind journalist killings in addition to the immediate killers.

• Reform laws to give national authorities broader jurisdiction to investigate and prosecute crimes where provincial authorities have failed, including the possibility of allowing prosecutors to lead or participate in these investigations.

• Ensure the Bureau of Jail Management and Penology installs CCTV near prison cells of Ampatuans and other suspects.

• Grant unfettered access to the Ampatuan court inside the Quezon City Regional Trial Court Branch 221 for the media and the families of the victims.

• Train military and police in their responsibilities for the safety and security of citizens, including media personnel. Ensure they are aware of their obligations under United Nations Security Council Resolution 1738; encourage cooperation between media and the state’s agencies in the future investigation of journalist attacks.

To Media:

• Media companies to commit to invest and contribute a percentage of their operational budget to safety training and professional development, particularly in the area of journalist ethics and to purchase safety equipment and insurance cover for journalists working in conflict zones.

• Establish a secure threat monitoring media network in conjunction with the Inter-Agency Committee and Task Force Usig.

• Investigate and report on issues of anti-press violence, including individual attacks, threats, and harassment, regardless of the victim’s media affiliation.

To the UN and International Support Agencies:

• International NGOs and UN agencies to provide ongoing and meaningful support to media workers in southern Mindanao for safety and professional development, to counter the climate of fear that has led to self-censorship and ongoing safety risks.

• Support the NUJP and other journalism organisations to continue the provision of safety and commit to ethical journalism training programs across the country to strengthen the capacity of the media as the fourth pillar of democracy.

The International Solidarity Mission delegation was composed of:

1. Mike Dobbie, communications manager of the Media section of the Media, Entertainment & Arts Alliance (Australia)

2. Nonoy Espina, NUJP national director (Philippines)

3. Sonny Fernandez, NUJP national director (Philippines)

4. Philippa McDonald, the federal vice-president of the Media section of the Media, Entertainment & Arts Alliance, and a trustee of the Media Safety and Solidarity Fund (Australia)

5. Schave De Rozario, general secretary of the National Union of Journalists of the Malaysia Peninsula (NUJM) representing the Southeast Asian Journalist Unions – SEAJU (Malaysia)

The local logistics and coordination for the mission was handled by the NUJP. The mission featured visits to General Santos City and Maguindanao, Mindanao; and in Manila.

Beyond ‘Oplan Wolverine’

The conflict in Maguindanao

THE social media and coffeeshops are abuzz with talk over President Benign S. Aquino III’s admission yesterday, January 28, that there was a lack of coordination in the clash that killed more than 40 policemen in southern Philippines.

The President, in his message to the nation, declared a national day of mourning for the deaths of at least 44 members of the counter-insurgency Special Action Force of the National Police who were tasked to capture two terrorists in a covert operation that ended in disaster.

Police Director Getulio Napeñas, who was relieved after the incident, admitted that he did not coordinate with the Armed Forces of the Philippines before launching “Oplan Wolverine” that aimed to capture Zulkifli bin Hir, alias “Marwan,” a reported Malaysian terrorist.

Marwan, who is considered as the Osama bin Laden of Southeast Asia, has a $6-million bounty on his head offered by the United States government.

“Operation Neptune Spear” is the covert US Navy Seals operation that led to the death of al-Qaida chief Osama bin laden in Abbottabad, Pakistan, on March 2011.

Maguindanao is once again in the news. Six years ago, a similar incident also occurred in one of its towns, Ampatuan, when more than 50 people were killed, 32 of them journalists, in what is now known as the Ampatuan Massacre.

It seems that we are reminded of Maguindanao only when killings occur. But what is there to understand about the seemingly never-ending cycle of violence in Maguindanao?

Is Maguindanao or the entire Mindanao region only a refuge for terrorists or is it a land full of promise yet neglected by the government? We hope that this series of articles and video documentary that we have compiled for your easy browsing would at least make us think about Maguindanao beyond the Mamasapano clash.

Impunity: A case study

TODAY’S papers reported that one of the suspects in the mauling of actor Vhong Navarrao last year was arrested by the justice department’s National Bureau of Investigation.

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Ferdinand Guerrero was nabbed in a Makati City condominium along Ayala Avenue according to a report published on the website of the Philippine Star.

[Read full text of “Missing suspect in Vhong Navarro case nabbed”]

Navarro, also known as Totoy Bibo, was mauled in a Taguig City condominium on January 22, 2014 after he allegedly tried to rape commercial model Deniece Cornejo. Aside from Guerrero, martial artist Simeon “Zimmer” Raz Jr. and businessman Cedric Lee were also charged with grave coercion and serious illegal detention.

Three days ago, January 24, 2015, someone was murdered four years ago.

Gerry Ortega, a journalist, was shot in cold blood in Palawan after his final broadcast.

He died on the spot.

While his case had the potential of being resolved swiftly compared to most cases of media murders, it has dragged on for four years now.

Authorities captured the gunman, Marlon Recamata, only minutes after he fled the crime scene. Recamata immediately confessed to the killing, and directly implicated the former Palawan governor as mastermind. However, following the preliminary investigation, a panel of prosecutors from the Justice Department absolved the Reyes consortium, including Joel Reyes’ brother and co-conspirator Mario Reyes, and four other accused—a decision that was reversed by a second panel, but nonetheless dragged the case on. – “A voice silenced: Gerry Ortega, a case study of impunity in the Philippines”

This PCIJ production, “Murder in Paradise: The Doc Gerry Ortega murder” takes us back to one of the more controversial killing of a journalist that involved a former Palawan governor.

What happened to the Gerry Ortega murder case?

According to Rupert D. Mangilit of the National Union of Journalists of the Philippines:

Ortega’s case reflects the sorry state of journalist killings in the Philippines since 1986. While 171 media workers were murdered in cold blood, a dismal 16 convictions have been made. Among those who have been sentenced are the small fry behind the murders — the gunmen, the lookouts, the drivers — but never the masterminds. In the last four years under the Aquino presidency, 32 journalists, including Ortega, have lost their lives.

Click on the image below to read the full article of Mangilit originally published on the website of the International Federation of Journalists on November 13, 2014.

Photo by Julius D. Mariveles

Photo by Julius D. Mariveles