No Hitler-calling vs China; no jetskiing to the Spratlys

President Duterte greets Chinese ambassador  Zhao Jianhua  in a reception of the Diplomatic Corps during the inaugural ceremony on June 30,2016

President Duterte greets Chinese ambassador Zhao Jianhua in a reception of the Diplomatic Corps during the inaugural ceremony on June 30,2016

Change has come.

The sober position that the Duterte administration is taking in connection with the impending decision of the United Nations Arbitral Court on the case filed by the Philippines against China is a reversal of the “Shame China” strategy that the Aquino administration undertook.

It is also a departure from cinematic solution that then candidate Rodrigo Duterte regaled his supporters during campaign rallies:
“I will ask the Navy to bring me to the nearest point in South China Sea that is tolerable to them and I will ride a jet ski. I’ll carry a flag and when I reach Spratlys, I will erect the Filipino flag. I will tell them, suntukan o barilan.”

Now carrying the mantle of the presidency, Duterte was a voice of moderation during the cabinet discussion aired live on TV on how they would handle the July 12 U.N. Court decision.

He described it as “cliffhanger” or full of suspense.

Apparently briefed on the good chances of the Philippines and China’s position that it will not recognize the U.N. court decision, Duterte said while “ it would be a moral victory” he doesn’t want to put the country “in an awkward position.”

“As for me, I do not want it (violence). God knows, I really do not want any fighting with anybody. If we can have peace by just talking, I will be really very happy,” he said.

He set the guideline: “We don’t really taunt or flaunt it.”

Dutere is showing better understanding of the Chinese than his predecessor, who even compared China’s action in South China Sea to Nazi Germany’s annexation of the Sudetenland in Czechoslovakia before the outbreak of World War II.

Betraying ignorance of Chinese culture, former President Aquino and his foreign secretary Albert del Rosario made up for the country’s weak military position with strong, sometimes inflammatory, statements against China to generate domestic and international support.

“Words are our only weapon,” said one diplomat noting that the Chinese is particular about “not losing face.”

Del Rosario accused the then Chinese Ambassador Ma Keqing of engaging in “duplicity” during the initial negotiations on the arrest of Chinese fishermen in Scarborough Shoal on April 10, 2012.

Aquino and Del Rosario’s strategy, however, backfired because China took a more aggressive position sending more vessels, as many as 90, to Scarborough shoal overwhelming the Philippines’ three vessels during a three-month standoff.

Philippine government ships have withdrawn from the shoal, 124 nautical miles from the north western province of Zambales, leaving China in control of the area with its three ships permanently stationed there.

This prompted the Philippines to go to the U.N. Arbitral Court in January 2013.

In its complaint the Philippines asked the U.N. court to declare as illegal China’s all-encompassing nine-dash line map.

It also asked the U.N. court to declare as part of Philippine 350 nautical mile continental shelf low tide elevations (rocks or shoals that are seen only during low tide) where China has built permanent structures.

It further asked the Court to declare that the waters outside the 12 nautical miles surrounding the Panatag Island (Scarborough shoal) should be declared as part of the Philippines 200 nautical mile Exclusive Economic Zone.

China’s response to the Philippine’s U.N. suit was massive reclamations in the Spratlys in South China Sea, being contested by, aside from China and the Philippines, Brunei, Malaysia, Vietnam and Taiwan, turning rocks into artificial islands that now host military installations including airports.

In the past four years, Filipino fishermen have been prevented from going to Scarborough shoal, their traditional fishing ground, by the Chinese ships. After the election of Duterte last May 9, however, Filipino fishermen have been allowed access to the shoal. This was seen as China’s goodwill gesture to Duterte, who has said he will engage in a bilateral talk with China, another departure from Aquino’s insistence of multilateral talks only with China.

Foreign Secretary Perfecto Yasay, Jr.. reported during the cabinet meeting that there are other foreign governments- those concerned about freedom of navigation in the South China Sea, who urging the Philippines to make stronger statements against China. It is known that the United States together with Japan put prime importance on freedom of navigation in the South China Sea where some $5.3 trillion worth of trade pass yearly.

But he said, “I am averse to that idea and I told them in no unmistakable terms.”

Yasay asked the question that is asked in all forums on South China Sea: “What will happen if the decision is in our favor, meaning that the arbitral tribunal will make a declaration about the legality of the nine-dash-line, and will say that this is part of our economic shoal, including Scarborough Shoal. What if, in the face of these circumstances, China will dig in and put us to a test? They will dislodge fisherman again from fishing in Scarborough Shoal.”

Duterte’s position of “We will study progressively” shows he has grasped the intricacies of foreign relations and knows it takes much more than a legal victory for a real win for the Filipino people.

Waiting for Duterte’s metamorphosis

President-elect Rodrigo Duterte. Photo by Dana Batnag.

President-elect Rodrigo Duterte. Photo by Dana Batnag.

Tomorrow, June 30, President Benigno Aquino III steps down as the 15th president of the Philippines and Rodrigo R. Duterte becomes the 16th president of the Philippines.

From now on, every pronouncement of Duterte will be official. If he curses, every putang ina will have the stamp of the presidency.

A source who was present during Duterte’s meeting with the ambassadors of the United States, United Kingdom and Germany two weeks ago, said the then president-elect was a far cry from what foul-mouthed Duterte they saw in press conferences and speaking engagements. He was “prim and proper” and uttered only pleasant statements, he said.

But he said, “It was surreal.” One can see and feel that he was not in his natural self and that something from within was raring to come out.

Duterte had promised that once he has taken his oath as president of the Philippines, “There will be a metamorphosis.”

“That’s going to be a metamorphosis in the mind, steadily from a caterpillar it blossoms into a butterfly,” he announced the transformation in- the- making during one of his post-election press conferences.

So no more putang ina, gago, gaga,ulol and other invectives in the next six years?

Unlikely but the public will no longer hear them. As President, Duterte will have the whole government machinery to polish his image – edit his speeches and remove jarring portions.

That’s easily doable. The President not holding press conferences is one way to do it. It doesn’t mean, however, Duterte will not talk directly to members of media. He will just give interviews to selected journalists.

We do not mean something like the interview with dancer and singer Mocha Uson. That was not an interview in the journalism standard. That was a fan-idol meeting. That was good propaganda.

Journalists don’t engage in propaganda. Journalists interview persons- in- power to get information and clarify issues that would be useful to the public in the decisions they make.

We don’t think Duterte will altogether eliminate press conferences. Maybe he’ll limit them when there are issues of national importance that he has to announce or clarify to the public.

That is not unusual. Of the post-Marcos presidents, only Fidel V. Ramos held regular weekly press conferences. Cory Aquino did not have regular press conferences. Same with Joseph Estrada, Gloria Arroyo and Benigno Aquino III.

They have spokespersons who conducted daily press briefings.

Again, except for Ramos, all the four past presidents actually did not understand the role of media. They resent it when media did not trumpet their so called “accomplishments”. They think media is an extension of their press office.

Duterte said only the government TV station will be allowed to cover him. Private media outfits will have to get their news reports from TV4. This is a throwback to the Marcos martial law era.

Maybe Duterte and his advisers think that they will be able to sanitize media reports this way. They will be surprised.

Without his two-hour long press conferences (plus another four hours of waiting) to cover,reporters will have time to look around for other stories. Duterte and his people may not like what diligent reporters will discover.

Why Gina Lopez says she has no caldero?

Incoming president Rodrigo Duterte chooses anti-mining advocate Gina Lopez as environment secretary.

Incoming president Rodrigo Duterte chooses anti-mining advocate Gina Lopez as environment secretary.

A video of the exchange between Gina Lopez, incoming President Rodrigo Duterte’s choice as secretary of Environment and Natural Resources, and a pro-mining advocate is going the rounds of social media.

Lopez was asking the man to choose between food and minerals because she argued that mining that extracts minerals from underneath the ground destroys the land where man produce food. Apparently Lopez has not heard of responsible mining.

Apparently also, the pro-mining man mentioned the things that we use in our daily lives that came from mining such as toothpaste.
Here’s the exchange that followed:

Lopez: Kumakain ka ba? Ano ang mas importante, toothpaste o pagkain ? …Ano ang pipiliin mo, mineral o pagkain?

Pro-mining person: Both.

Lopez: Ay hindi pwede.

Pro-mining person:… pagkain, may kaldero ka o wala?

Lopez: Wala.

Pro-mining person: Wala kang kaldero?

Very revealing exchange. The pro-mining guy probably brought up caldero because you need that to cook food. A caldero or any cooking utensil including rice cooker contains metals that were mined from underground.

But then Lopez was probably telling the truth when she said she has no caldero because maybe she does not cook. For all we know she doesn’t know what a caldero is. She probably eats out or she orders and food is delivered to her. She has the means to do that.

She should be told that the food that was delivered to her was cooked in a caldero. When she eats, she uses plate, fork and spoon. She drinks her water from a glass. Those things contain minerals that came from mining.

Strange because in an article she wrote in Rogue Magazine, she revealed that when she was in Africa during her Ashram days, she cooked.

When Lopez was arguing with the guy,she was holding a microphone to deliver her message. That microphone contains metals from mining.

In that forum, Lopez was wearing a red dress. We imagine she was wearing shoes. Those were produced by machines that contained metals mined from the earth. If mining is totally banned, there would be no sewing machines, no needles and pins needed to make clothes and shoes. Gina would have to wear leaves just like Adam and Eve.

Did Lopez walk from her house to the venue of the forum? If she took a car, she was being untrue to her anti-mining advocacy because a car contains metals produced by mining. There would be no vehicles without mining. There would be no airplanes, no trains without mining.

The forum was held in an air-conditioned room. An aircon unit contains metals from beneath the ground that can only be obtained by mining. We imagine that the rooms in Lopez’s house are air-conditioned. Her house, we imagine, is sturdy because it is made of concrete and steel. She is able to sleep well and not exposed to the sun and the rain because materials from mining sheltered her from the elements.

Does she have a cellphone? She should throw that away because that contains many things from underground obtained through mining. Same with computers.

Lopez’s family is in communications, a business that is dependent on equipment and tools made of materials from mining. To use and enjoy the fruits of mining and denounce mining at the same time is the height of hypocrisy.

Why Gina Lopez says she has no caldero?

Incoming president Rodrigo Duterte chooses anti-mining advocate Gina Lopez as environment secretary.

Incoming president Rodrigo Duterte chooses anti-mining advocate Gina Lopez as environment secretary.

A video of the exchange between Gina Lopez, incoming President Rodrigo Duterte’s choice as secretary of Environment and Natural Resources, and a pro-mining advocate is going the rounds of social media.

Lopez was asking the man to choose between food and minerals because she argued that mining that extracts minerals from underneath the ground destroys the land where man produce food. Apparently Lopez has not heard of responsible mining.

Apparently also, the pro-mining man mentioned the things that we use in our daily lives that came from mining such as toothpaste.
Here’s the exchange that followed:

Lopez: Kumakain ka ba? Ano ang mas importante, toothpaste o pagkain ? …Ano ang pipiliin mo, mineral o pagkain?

Pro-mining person: Both.

Lopez: Ay hindi pwede.

Pro-mining person:… pagkain, may kaldero ka o wala?

Lopez: Wala.

Pro-mining person: Wala kang kaldero?

Very revealing exchange. The pro-mining guy probably brought up caldero because you need that to cook food. A caldero or any cooking utensil including rice cooker contains metals that were mined from underground.

But then Lopez was probably telling the truth when she said she has no caldero because maybe she does not cook. For all we know she doesn’t know what a caldero is. She probably eats out or she orders and food is delivered to her. She has the means to do that.

She should be told that the food that was delivered to her was cooked in a caldero. When she eats, she uses plate, fork and spoon. She drinks her water from a glass. Those things contain minerals that came from mining.

Strange because in an article she wrote in Rogue Magazine, she revealed that when she was in Africa during her Ashram days, she cooked.

When Lopez was arguing with the guy,she was holding a microphone to deliver her message. That microphone contains metals from mining.

In that forum, Lopez was wearing a red dress. We imagine she was wearing shoes. Those were produced by machines that contained metals mined from the earth. If mining is totally banned, there would be no sewing machines, no needles and pins needed to make clothes and shoes. Gina would have to wear leaves just like Adam and Eve.

Did Lopez walk from her house to the venue of the forum? If she took a car, she was being untrue to her anti-mining advocacy because a car contains metals produced by mining. There would be no vehicles without mining. There would be no airplanes, no trains without mining.

The forum was held in an air-conditioned room. An aircon unit contains metals from beneath the ground that can only be obtained by mining. We imagine that the rooms in Lopez’s house are air-conditioned. Her house, we imagine, is sturdy because it is made of concrete and steel. She is able to sleep well and not exposed to the sun and the rain because materials from mining sheltered her from the elements.

Does she have a cellphone? She should throw that away because that contains many things from underground obtained through mining. Same with computers.

Lopez’s family is in communications, a business that is dependent on equipment and tools made of materials from mining. To use and enjoy the fruits of mining and denounce mining at the same time is the height of hypocrisy.

Centerlaw voices alarm over Duterte’s acceptance of kangaroo court

Policemen released by NPA to Duterte. Photo from Bulatlat.

Policemen released by NPA to Duterte. Photo from Bulatlat.

Centerlaw, a non-government organization dedicated to the promotion of the Rule of Law in the Philippines and Asia, reminded President-Elect Rodrigo Duterte that as president of the Philippines, which he will be in 23 days, he is legally bound to ensure that every one within Philippine sovereignty is accorded due process of law.

Centerlaw expressed grave concern over the statement of Duterte that he is leaving the fate of General Generoso, Davao Oriental police Chief Inspector Arnold Ognachen to his captors, the New People’s Army.

Duterte, which has included the Communist Party of the Philippines in his government, had worked for the release of policemen captured by the CPP’s armed group before the May elections. He had also called for the release of Ognachen, who was captured when the NPA recently raided the Davao Oriental police station.

But in his press conference last Thursday, Duterte said an NPA commander told him that they seized drug from Ognachen adding the rebel leaders would not lie to him.

Duterte is waging war against illegal drugs. “”I said I’d be harsh. I’m sorry for that guy,” he said.

He said he told the NPA commander, “You have a kangaroo court…. Sentence him to 20 years of hard labor.”

Romel R. Bagares, Centerlaw executive director, noted the double irony of Duterte referring to the NPA’s justice system as “kangaroo courts.”

“Because that is exactly what they are – tribunals that make a mockery of even just a modicum of justice,” he said.

Bagares said, Duterte, who is a lawyer and a former prosecutor, “ should know that we now have Republic Act 9851, the International Humanitarian Law Act, which penalizes as a war crime all executions without a judgment of a regularly constituted court that afforded all judicial guarantees generally recognized as indispensable.”

The International Humanitarian Law Act, passed in 2010, embodies the country’s commitment to the Geneva Conventions and the Rome Statute establishing the International Criminal Court.

Bagares recalled that in a series of official reports on summary executions and extrajudicial killings in the Philippines from 2007 to 2010, then UN special rapporteur Philip Alston called on the Communist Party of the Philippines (CPP) and the National Democratic Front to put an end to the NPA’s so-called ‘people’s “courts”, because these violate fair trial standards set by international human rights law and international humanitarian law.

Bagares said “Common article 3 of the 1949 Geneva Conventions, which applies to all combatants in the Philippines, prohibits the passing sentences without a judgment by a regularly constituted court, ‘affording all the judicial guarantees which are recognized as indispensable by civilized peoples.’”

“Moreover, the 1977 Additional Protocol provides that the court must be independent and impartial, and the accused shall have the right to be at the trial and present a defense, among other guarantees.”

Bagares further said:”In fact, the Bill of Rights of our 1987 Charter – under which he will swear his oath of office as President – likewise prohibits the deprivation of life without due process of law.

The NDF, of which the CPP and the NPA are members, is a coalition of 16 groups waging a so-called protracted people’s war for national democracy in the Philippines for more than four decades now.

News reports said when the NPA got Ongachen, they also captured two other persons and seized seven shotguns, 12 rifles, two 9mm pistols and three undetermined types of firearms.

Outgoing Philippine National Police chief Director General Ricardo Marquez said they respect the president-elect’s pronouncements but they will have to rescue Ongachen.

“It is our responsibility to rescue our people if they are kidnapped,” Marquez said.