Category: Maguindanao massacre

Watered-down BBL = A house with no roof, plates with no food

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By Cong B. Corrales

A WEAK AND EFFETE Bangsamoro Basic Law (BBL) will be like giving the Bangsamoro people “a house without a roof” or “plates without food.”

This was how peace advocates from Mindanao and Manila responded to recent statements by members of the House of Representatives that at least eight provisions in the BBL could be amended.

Cagayan de Oro Rep. Rufus Rodriguez, chairman of the House of Representatives’ Ad Hoc Committee on the BBL, had earlier told reporters in several forums that his committee plans to scrap eight provisions of the BBL that are supposedly “unconstitutional.”

But Gani Abunda of the Friends of the Bangsamoro Movement in a public forum on Friday said such statements do not augur well for the BBL, citing “the spirit and principles of the Comprehensive Agreement on the Bangsamoro (CAB)” which the government and the Moro Islamic Liberation Front (MILF) signed on March 27, 2014.

“We don’t think that a watered-down (BBL) will address the legitimate concerns of the Bangsamoro for peace,” said Abunda, who also represents the Initiatives for International Dialogue.

Congressman Rodriguez had earlier proposed to scrap some provisions of BBL’s Section 2 on the “Powers of Government ” authorizing the new Bangsamoro administration to have its own constitutional bodies.

Mary Ann Arnado, secretary general of the Mindanao Peace Caucus, disagrees.

She said that while the proposed BBL provides for the creation of its own constitutional bodies (i.e. Civil Service, Commission on Elections, Commission on Human Rights, Commission on Audit), these bodies would ultimately be under their respective mother commissions.

“These constitutional bodies, namely the Civil Service Commission, the auditing office, and the electoral office of the Bangsamoro will still be working together with the Comelec, the COA, and the Civil Service. So these are not really totally independent but these are offices that will be established in the Bangsamoro,” said Arnado.

The House of Representatives will commence deliberations on the BBL next Monday, May 11. To ensure that the discussions will be “compliant and reflective” of the Comprehensive Agreement on the Bangsamoro, the peace advocates have called on Filipinos to join a Peace March-Rally on that day.

The march-rally will start from the Sandiganbayan compound on Commonwealth Avenue in Diliman, Quezon City and proceed to the gates of Batasan Pambansa Complex. “It is a symbolic march that will gather at least 8,000 peace advocates to ensure that the BBL that will be passed in the lower house of Congress will not be a watered-down version,” said Arnado.

“May 11 will be beyond just joining a big rally,” she said. “It will be a massive citizens’ action for the Bangsamoro. For those of us who have witnessed the cruelty of war in Mindanao, for the bakwit (evacuees) who perennially leave their homes just to avoid being caught in the crossfires and for all the innocent victims of this long-drawn war in Mindanao, May 11 is an opportunity for all of us to show our sturdy unity to achieve genuine peace.”

Meanwhile, in an emailed statement, Thursday, Oxfam said lawmakers could be in “strategic position to put an end to the vicious cycle of poverty and conflict” in Mindanao by opening that part of the country to “sound public investments.”

“Oxfam agrees with the statement of the Citizens’ Peace Council early this week that the block grant can help the region catch up with the rest of the country since it is critical for the operations of the Bangsamoro government,” Oxfam said.

The vaunted growth of the national economy, it noted, has not helped in easing the dire conditions of communities in the Muslim Mindanao region.

In a 2012 report, t representative Gani Abunda he Philippine Statistics Authority (PSA) said the concentration of poor people in the Autonomous Region in Muslim Mindanao (ARMM) has remained high, “ranging between 42 percent and 47 percent” in 2006, 2009, and 2012.

Of the 17 regions in the country, ARMM has always had the highest incidence of poverty, the PSA report added.

“As we wait for the outcome of the deliberations of the BBL,’ Oxfam said, “let us be reminded that the draft law can open an opportunity to promote inclusive growth and development, and address the persisting problems of poverty and inequality besetting Muslim Mindanao.” - PCIJ, May 2015

Amid war, a peace workshop

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By Ferdinandh Cabrera
Contributor

TAMONTAKA, Awang Datu Odin Sinsuat, Maguindanao — While gunfire and bombs rained on residents of Datu Unsay and Datu Saudi Ampatuan in this province, about 60 young Mindanaons gathered here recently for a peace assembly.

Amid the staccato wailing of war fifty kilometers away, the youth of the strife-torn island crafted art and songs at a peace-building workshop last March 29.

That same day, the conflict killed at least 30 persons, including a few soldiers and three ranking members of the Bangsamoro Islamic Freedom Fighters (BIFF).

Since the launch of military offensive in February, an estimated 125,300 persons from 15 municipalities of Maguindanao have fled their homes, displaced by the conflict.

But the workshop for the youth offered a contrast in tone and imagery. The sessions focused on enhancing art expression, singing, and leadership skills, and bonding among the participants.

Macmod Sadam, a resident of Malingao, Shariff Saydona Mustapha town, whose family members were among those who rushed to the evacuation centers, could only reflect on their tragic fate.

“How could they move on?” he asked. “Life inside the temporary camp is so hard, I was there and I can feel how they felt now.”

Macmod is grateful for the opportunity to join the three-day youth assembly. There, youth community leaders were encouraged to express their feelings about the situation, and discern their role in fostering peace in their communities.

“(What) I painted expressed how I desire to achieve peace, but when it will happen?” Macmod said. “I hope the government will heed the long-desired Bangsamoro governance,” affirming his support for the proposed Bangsamoro Basic Law.

Florely Araquil from Bagumbayan, Sultan Kudarat province, spoke about the conditions of her Muslim friends who live in Maguindanao.

While her family lives quite a distance away from the clash, she said, “we are deeply concerned about their studies.” The conflict, she noted, meant only that “they can’t go to schools.”

Florely also lamented that clan wars or rido have also affected relations between the youth from rival families. She said her former school maters have ceased to be friends because their families have been dragged into clan wars.

Alsudairy Sarip from Wato-Balindong in Lanao del Sur said he was glad that the workshop gave the participants a chance to interact with other tribes. “We now have the chance to understand each other’s culture better. That way, we’d know how to respond to and respect the different traditions and norms of every tribe in Mindanao,” Sarip said.

The peace-building youth assembly was attended by 60 youth members were members of the Iranun, Maguindanaon, Maranaw, Ilocano, Ilonggo, and Teduray communities from the province of Maguindanao, Lanao del Sur, Sultan Kudarat, North Cotabato, and Cotabato City.

The workshop featured sessions for the participants to acknowledge the differences in culture, norms, and religion of the different tribes, and how the situation in Mindanao has roots in sectarian conflict, cultural differences, and land disputes.

Among other outputs, the workshop yielded paintings, literary pieces, and a song titled “Bakit Ba” that the participants themselves produced.

In future, Macmod says he wishes to see a peaceful and progressive Mindanao, without military operations, without bakwits. - With reporting by Joyce Toledo, USM Devcom Intern

Five points vs. ‘the dark side’

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By Julius D. Mariveles

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

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

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

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

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

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

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

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

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

Diokno also proposed the following reform measures:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The three themes for today are:

Independent and Quality Media

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

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

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

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

Digital safety for journalists and their sources

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

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

Safety of Journalists and other Media personnel

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

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

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

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

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

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

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

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

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

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

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

Protecting Human Rights and Freedom of Information

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

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

Road to 2016 and Beyond

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

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

Maraming salamat po!

Real journalism in a dangerous world

Julius Mariveles Leave a comment

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.”