Oct 4, 2007
Aug 15, 2007
Another leftist critically wounded by attack
Former Akbayan national council member Mila Luminog was shot and critically wounded at around 5.20PM yesterday in downtown Cotabato City after attending a seminar in Estosan hotel. A lone motorcycle-riding gunman shot her with a .45 caliber pistol while she was driving her vehicle along the busy national highway in the city. Three bullets hit her in different parts of the body. She was rushed to the hospital by her companions in the vehicle. The gunman escaped immediately after the incident. She is still in critical condition.
Mila Luminog was Akbayan council member from central Mindanao in 2003-2006. She is a staff of gubernatorial candidate Tocao Mastura in Shariff Kabunsuan where up to now, no provincial officials have been proclaimed yet.
"Akbayan Mindanao condemns in the strongest terms possible the attack on Mila's life", lamented by Akbayan officer Tom Villarin." "We ask police authorities to look into all possible angles behind such dastardly crime and bring the perpetrators to justice" he added.
Mila Luminog was Akbayan council member from central Mindanao in 2003-2006. She is a staff of gubernatorial candidate Tocao Mastura in Shariff Kabunsuan where up to now, no provincial officials have been proclaimed yet.
"Akbayan Mindanao condemns in the strongest terms possible the attack on Mila's life", lamented by Akbayan officer Tom Villarin." "We ask police authorities to look into all possible angles behind such dastardly crime and bring the perpetrators to justice" he added.
Aug 9, 2007
Meralco’s additional power from NPC: Too little, too late, and useless
The Freedom from Debt Coalition (FDC) today criticized the move of Meralco to source an additional 1,020 gWh electricity from the National Power Corporation (NPC) in an attempt to decrease power rates in this month's bill, saying it is "too little, too late, and useless."
FDC said that prior to the additional supply from NPC, Meralco was sourcing more than 25 percent of its power requirements from the wholesale electricity spot market (WESM) which has a higher generation rate than NPC. Meralco now sources 47 percent of its electricity supply from its independent power producers, 38 percent from NPC, and 15 percent from the wholesale electricity spot market.
Too Little
According to FDC, the additional supply from NPC beginning July this year is not enough to significantly lower electricity rates and bring back to the May or June level, before Meralco customers were charged with an additional P1.25/kWh rate, the cost of electricity.
In November 2006, Meralco and NPC entered into a five-year transition supply contract which locks the distribution utility to source up to 20 percent of its requirements from NPC at time-of-use rates. According to ERC, any excess consumption will make Meralco pay NPC an additional premium over and above the agreed contract energy charge plus other adjustments.
Prior to the additional supply sourced from NPC, more than 25 percent of Meralco's power supply requirement was sourced from WESM. In August last year, WESM's clearing price reached P10/kWh, almost 500 percent increase from its price in June. Investigation conducted by the Market Surveillance Committee of the Philippine Electricity Market Corporation revealed that the increase was brought about by price fixing/manipulation by the Power Sector Assets and Liabilities Management Corporation (PSALM), a major trader at WESM.
On August 1 this year, WESM's clearing price reached its highest so far, P54.965 per kWh for the Sual plant, almost breaching the P62 price cap at WESM.
"Given the high price trend in WESM, 15 percent is still a huge amount of electricity to be sourced from the spot market," said FDC.
Too Late
The coalition explained that Meralco acted too late in averting the increase in electricity charges of the consumers. "The damage has been done! It knew that prices in WESM are high yet, it continued to source more electricity from there than from the lower-priced NPC until June this year," said FDC.
"In one year of WESM's operation, only the first two months resulted in lower prices. This happened when WESM started in June and when Gloria Arroyo delivered her State of the Nation Address in July last year, announcing a reduction in power rates. Generation rates in WESM after that shot up to 500 percent or higher," FDC continued.
"Many consumers had already suffered from high generation charges since last year and the recent blow was the P1.25/kWh increase in our electricity bills last July," FDC added.
Useless
According to FDC, the alleged reason why Meralco increased the amount of electricity sourced from NPC is to protect consumers from the volatility of prices at WESM. "The bottom line is, electricity being a public utility, must be affordable and accessible to the consumers. Even the additional 1,020 gWh from NPC will not result in that," said FDC.
The coalition asserted that electricity rates in the country will remain high, even one of the highest in the world, as long as the debts and liabilities of NPC and of PSALM are not truly addressed such as the cancellation of onerous contracts with the independent power producers (IPPs) of NPC, audit of all other debts of NPC, and stopping payments to those debts found to have not benefited the public and have been due to the onerous transactions/contracts. More increases in electricity rates will be experienced by the consumers in the coming months as an estimated $9.1 billion worth of NPC debts and PSALM deficits due to power purchase obligations to IPPs will be accumulated by year 2010.
The coalition also reiterated that as long as the Electric Power Industry Reform Act (EPIRA) exists, consumers will continue to suffer from high power rates. It claimed that EPIRA is designed to the anti-people profit-making scheme of power corporations like Meralco.
"EPIRA allows anti-consumer rate setting methodologies as excessive profits by utilities are assured. Meralco now rakes in a profit equivalent to more than 15 percent of its return on rate base. EPIRA also allows cross-ownership between distribution and generation, thus the Lopezes who control Meralco – the biggest distribution utility in the company servicing about 70 percent of the country's electricity needs – strengthens its hold in the industry with its share in power generation in the country also increasing. Meralco sources almost half of its electricity requirement from its IPPs," FDC said.
FDC said that prior to the additional supply from NPC, Meralco was sourcing more than 25 percent of its power requirements from the wholesale electricity spot market (WESM) which has a higher generation rate than NPC. Meralco now sources 47 percent of its electricity supply from its independent power producers, 38 percent from NPC, and 15 percent from the wholesale electricity spot market.
Too Little
According to FDC, the additional supply from NPC beginning July this year is not enough to significantly lower electricity rates and bring back to the May or June level, before Meralco customers were charged with an additional P1.25/kWh rate, the cost of electricity.
In November 2006, Meralco and NPC entered into a five-year transition supply contract which locks the distribution utility to source up to 20 percent of its requirements from NPC at time-of-use rates. According to ERC, any excess consumption will make Meralco pay NPC an additional premium over and above the agreed contract energy charge plus other adjustments.
Prior to the additional supply sourced from NPC, more than 25 percent of Meralco's power supply requirement was sourced from WESM. In August last year, WESM's clearing price reached P10/kWh, almost 500 percent increase from its price in June. Investigation conducted by the Market Surveillance Committee of the Philippine Electricity Market Corporation revealed that the increase was brought about by price fixing/manipulation by the Power Sector Assets and Liabilities Management Corporation (PSALM), a major trader at WESM.
On August 1 this year, WESM's clearing price reached its highest so far, P54.965 per kWh for the Sual plant, almost breaching the P62 price cap at WESM.
"Given the high price trend in WESM, 15 percent is still a huge amount of electricity to be sourced from the spot market," said FDC.
Too Late
The coalition explained that Meralco acted too late in averting the increase in electricity charges of the consumers. "The damage has been done! It knew that prices in WESM are high yet, it continued to source more electricity from there than from the lower-priced NPC until June this year," said FDC.
"In one year of WESM's operation, only the first two months resulted in lower prices. This happened when WESM started in June and when Gloria Arroyo delivered her State of the Nation Address in July last year, announcing a reduction in power rates. Generation rates in WESM after that shot up to 500 percent or higher," FDC continued.
"Many consumers had already suffered from high generation charges since last year and the recent blow was the P1.25/kWh increase in our electricity bills last July," FDC added.
Useless
According to FDC, the alleged reason why Meralco increased the amount of electricity sourced from NPC is to protect consumers from the volatility of prices at WESM. "The bottom line is, electricity being a public utility, must be affordable and accessible to the consumers. Even the additional 1,020 gWh from NPC will not result in that," said FDC.
The coalition asserted that electricity rates in the country will remain high, even one of the highest in the world, as long as the debts and liabilities of NPC and of PSALM are not truly addressed such as the cancellation of onerous contracts with the independent power producers (IPPs) of NPC, audit of all other debts of NPC, and stopping payments to those debts found to have not benefited the public and have been due to the onerous transactions/contracts. More increases in electricity rates will be experienced by the consumers in the coming months as an estimated $9.1 billion worth of NPC debts and PSALM deficits due to power purchase obligations to IPPs will be accumulated by year 2010.
The coalition also reiterated that as long as the Electric Power Industry Reform Act (EPIRA) exists, consumers will continue to suffer from high power rates. It claimed that EPIRA is designed to the anti-people profit-making scheme of power corporations like Meralco.
"EPIRA allows anti-consumer rate setting methodologies as excessive profits by utilities are assured. Meralco now rakes in a profit equivalent to more than 15 percent of its return on rate base. EPIRA also allows cross-ownership between distribution and generation, thus the Lopezes who control Meralco – the biggest distribution utility in the company servicing about 70 percent of the country's electricity needs – strengthens its hold in the industry with its share in power generation in the country also increasing. Meralco sources almost half of its electricity requirement from its IPPs," FDC said.
MWSS Board betrays public trust, again
The recent appointment of a former Maynilad engineer as the newest member of the Regulatory Office of the Metropolitan Waterworks and Sewerage System (MWSS) is a clear manifestation of conflict of interest and of the agency's bias against consumers, the Freedom from Debt Coalition said on Tuesday.
Edgardo Esteban, who just resigned from Maynilad Water services as its head of water production unit last January, took his oath as its chief technical regulator last August 1 during the 10th anniversary celebrations of the MWSS privatization. His office will be responsible for technical and engineering functions including asset management and investment of the government water agency.
"The MWSS Board acted unlawful and betrayed the interest of the public when they appointed Mr. Esteban as a member of the Regulatory Office. MWSS Chairman Oscar Garcia has to explain to the water consumers why he violated a very clear provision in the Concession Agreement," said FDC secretary general Milo Tanchuling,
Under the 1997 Concession Agreement (Exhibit A, No. 2), "No member of the regulatory office shall have any present or prior affiliation with MWSS or either of the concessionaires (or any affiliate of either of the concessionaires)."
"Why would Mr. Garcia and the majority of the MWSS Board choose someone from one of the water concessionaires despite the Office of the Government Corporate Counsel's position that it is a possible violation of the terms of the Concession Agreement? This explains the brand of governance they have which is anti-consumers. This same brand of governance could also possibly explain the water shortage Metro Manila consumers are currently experiencing," said Tanchuling.
The group said that it is ironic that the agency supposedly protecting the interest of the consumers is taking the side of these corporate water concessionaires.
"This is not the first time the MWSS Board did this. In fact, we had filed a case against them last year before the Supreme Court when they declared Manila Water and Maynilad as 'mere agents and contractors' which, according to our study, resulted in the concessionaires' higher profit margins and the passing on of their corporate income tax to unsuspecting consumers," Tanchuling recalled.
Tanchuling said that their group, as water consumers, is mulling to file a complaint before the Ombudsman against Mr. Garcia and the MWSS Board.
A water regulator may not be removed except by action of the Appeals Panel as stipulated in the Concession Agreement. The complainant, however, must be a party to the agreement.
"After ten years of failed MWSS privatization, what we need is a strong and independent regulatory mechanism, not another controversial decision favoring corporate interests," stressed Tanchuling.
Edgardo Esteban, who just resigned from Maynilad Water services as its head of water production unit last January, took his oath as its chief technical regulator last August 1 during the 10th anniversary celebrations of the MWSS privatization. His office will be responsible for technical and engineering functions including asset management and investment of the government water agency.
"The MWSS Board acted unlawful and betrayed the interest of the public when they appointed Mr. Esteban as a member of the Regulatory Office. MWSS Chairman Oscar Garcia has to explain to the water consumers why he violated a very clear provision in the Concession Agreement," said FDC secretary general Milo Tanchuling,
Under the 1997 Concession Agreement (Exhibit A, No. 2), "No member of the regulatory office shall have any present or prior affiliation with MWSS or either of the concessionaires (or any affiliate of either of the concessionaires)."
"Why would Mr. Garcia and the majority of the MWSS Board choose someone from one of the water concessionaires despite the Office of the Government Corporate Counsel's position that it is a possible violation of the terms of the Concession Agreement? This explains the brand of governance they have which is anti-consumers. This same brand of governance could also possibly explain the water shortage Metro Manila consumers are currently experiencing," said Tanchuling.
The group said that it is ironic that the agency supposedly protecting the interest of the consumers is taking the side of these corporate water concessionaires.
"This is not the first time the MWSS Board did this. In fact, we had filed a case against them last year before the Supreme Court when they declared Manila Water and Maynilad as 'mere agents and contractors' which, according to our study, resulted in the concessionaires' higher profit margins and the passing on of their corporate income tax to unsuspecting consumers," Tanchuling recalled.
Tanchuling said that their group, as water consumers, is mulling to file a complaint before the Ombudsman against Mr. Garcia and the MWSS Board.
A water regulator may not be removed except by action of the Appeals Panel as stipulated in the Concession Agreement. The complainant, however, must be a party to the agreement.
"After ten years of failed MWSS privatization, what we need is a strong and independent regulatory mechanism, not another controversial decision favoring corporate interests," stressed Tanchuling.
Jul 20, 2007
On Mrs. Arroyo’s 7th State of the Nation Address: FDC dispels claims of economic miracles
"Gloria's economy is not working."
This is what the Freedom from Debt Coalition (FDC) said of Mrs. Arroyo's flamboyant and rosy economic claims; two days shy from the Executive's 7th State of the Nation Address (SONA) this 23rd of July.
In an economic forum at the University of the Philippines, FDC said if there is one way of truly measuring the economic performance of this government, then it is by scrutinizing our current debt situation beyond what is being peddled to us by Mrs. Arroyo's economic managers and spin doctors.
"If Mrs. Arroyo has anything to say on the debt during her SONA, most likely it would be a boring reiteration of her deceptive claims that the debt problem is 'over' or is being managed prudently," FDC President Ana Maria R. Nemenzo said.
"While this assertion may be partly true, however, these so-called improvements in the debt statistics have been achieved through pre-payment of loans in exchange for new loans with longer maturity, decreased availment of agencies of direct loans and the unplanned resurgence of our currency—all of which speaks of Mrs. Arroyo's core debt management strategy of borrowing heavily to pay old debts," Nemenzo said.
According to the group, Mrs. Arroyo's take on the debt does not solve the problem and is instead imbedding the predicament further. "No economy achieved real growth and development by prioritizing debt payments or by simply remaining in the debt trap. If not for the remittances of our Overseas Filipino Workers (OFWs) which this government has nothing to do with, the economy of our country would have long been in the mire of an undeniable and explicit economic crisis," Nemenzo said.
The anti-debt advocacy group likened the government's debt strategy as a form of pyramiding. FDC said that while it might seem to work at this particular juncture, it is highly unsustainable and harmful in the long run.
"Clearly, this is Mrs. Arroyo's own FrancSwiss scam. While we are fixated with apprehending those responsible for the FrancSwiss swindle, We, particularly, the new Congress must also put a stop to the pyramiding scam that is the Arroyo government's flawed debt management strategy which continues to deceive the Filipino people," Nemenzo said.
The group stated that while the Arroyo government continues to sell the idea of a 'good debt management', sustained accumulation of illegitimate debt cases are being religiously paid by the Filipinos under Mrs. Aroyo's rule. Some of the many debt cases FDC has mentioned are:
This is what the Freedom from Debt Coalition (FDC) said of Mrs. Arroyo's flamboyant and rosy economic claims; two days shy from the Executive's 7th State of the Nation Address (SONA) this 23rd of July.
In an economic forum at the University of the Philippines, FDC said if there is one way of truly measuring the economic performance of this government, then it is by scrutinizing our current debt situation beyond what is being peddled to us by Mrs. Arroyo's economic managers and spin doctors.
"If Mrs. Arroyo has anything to say on the debt during her SONA, most likely it would be a boring reiteration of her deceptive claims that the debt problem is 'over' or is being managed prudently," FDC President Ana Maria R. Nemenzo said.
"While this assertion may be partly true, however, these so-called improvements in the debt statistics have been achieved through pre-payment of loans in exchange for new loans with longer maturity, decreased availment of agencies of direct loans and the unplanned resurgence of our currency—all of which speaks of Mrs. Arroyo's core debt management strategy of borrowing heavily to pay old debts," Nemenzo said.
According to the group, Mrs. Arroyo's take on the debt does not solve the problem and is instead imbedding the predicament further. "No economy achieved real growth and development by prioritizing debt payments or by simply remaining in the debt trap. If not for the remittances of our Overseas Filipino Workers (OFWs) which this government has nothing to do with, the economy of our country would have long been in the mire of an undeniable and explicit economic crisis," Nemenzo said.
The anti-debt advocacy group likened the government's debt strategy as a form of pyramiding. FDC said that while it might seem to work at this particular juncture, it is highly unsustainable and harmful in the long run.
"Clearly, this is Mrs. Arroyo's own FrancSwiss scam. While we are fixated with apprehending those responsible for the FrancSwiss swindle, We, particularly, the new Congress must also put a stop to the pyramiding scam that is the Arroyo government's flawed debt management strategy which continues to deceive the Filipino people," Nemenzo said.
The group stated that while the Arroyo government continues to sell the idea of a 'good debt management', sustained accumulation of illegitimate debt cases are being religiously paid by the Filipinos under Mrs. Aroyo's rule. Some of the many debt cases FDC has mentioned are:
- The $400 million North Rail Project;
- The World Bank textbook loan anomaly;
- The $121 million WB-funded Small Coconut Farms Development Project;
- Austrian Medical Waste Project;
- Power Sector Restructuring Projects; and,
- Private loans that the public is now paying for, e.g., Casecnan and other IPPs, Metrorail Transit.
The group also called on the legislators of the 14th Congress to:
- Repeal of the Automatic Appropriations Law - Stop prioritization of debt payments over the urgent needs of the Filipinos;
- Pursue a Comprehensive Audit of Public Sector Debts and Contingent Liabilities, including review of existing laws and policies, particularly GMA's debt management strategy; and,
- Non-allocation for payments of loans that clearly did not benefit the Filipinos, and/or those resulting from anomalous transaction.
"If we really want our economy to work and serve the interests of the poor, then our national leaders must address the debt problem seriously and courageously. Otherwise, so-called rosy economic performance will remain mere statistics devoid of any broad concurrence from the public," Nemenzo concluded.
Jul 13, 2007
ATM reiterates call for scrapping of Mining Law, exposes intensified drive for mining in new areas
The Alyansa Tigil Mina welcomes the continued and unwavering support of the church in the campaign against the intensified drive for large-scale, corporate-driven mining operations in the country.
We share the sentiments of the bishops that mining, the way government and private, transnational corporations pursue it now, does not present a viable solution to the widespread poverty in our rural areas, nor is it a palatable alternative to the real policy issues that hound our country's continued economic sluggishness.
Mining now represents nothing but the destruction of the environment and the displacement of communities including indigenous peoples from their homes. The touted economic benefits of mining are a mythology long debunked. It has been historically proven by figures from government itself that where mining companies operated, the surrounding communities became no better off than before these companies came in. Regions where mining permits were given remain high on the list of provinces with the highest poverty levels. Employment in the mining industry has reached only a maximum of about 300,000 since the 1970s, or an ignorable average of 10,000 a year compared to the continued influx of millions of new labor entrants into the labor force every year.
ATM believes it is all about the money. The puny foreign exchange brought in by mining companies, after all deductions and tax holidays have been effectively repatriated, still amount to a considerable proportion. And yet our present and future generations bear the ill-effects of mining to our environment. At the expense of human rights, government and private corporations are riding roughshod over due process and the rule of law in their drive for maximum profit and the plunder of our natural resources.
Guided by the Mining Act of 1995 and the Mineral Action Plan, the GMA administration's 10-Point Agenda seeks to promote mining as one of its priority investment area, despite the fact that where mining operations intrude, local resistance has been often fierce, contentious and fraught with company violence and intimidation. Despite these realities government remains insensitive in its maniacal desire to tap into the dollar inflow.
In Sibuyan Island in Romblon, multinational corporations under the guise of local subsidiaries applied for small-scale mining exploration permits in Brgy. Mabini, San Fernando town to escape EIA and EC requirements. An ocular of the area however reveals that heavy equipment have been brought in, and excavations have began along the buffer zone at the foot of Mt. Guiting-Guiting, a Natural Park by presidential decree. Company infrastructures have been built onshore a few meters away from the national road affecting transportation and damaging coral reefs in the area. Other mining applications totaling about 20 or more are pending in Sibuyan Island, threatening the biodiversity of the area.
Interestingly a Marcos-era decree has assigned Sibuyan Island as a mangrove protected area, which would effectively bar any kind of mining activity in the area.
In Canatuan, Siocon, Zamboanga del Norte, the TVI Phil's. has again resorted to maliciously attacking the duly-recognized representative of the indigenous peoples affected by their operations in the area. This is nothing but an attempt to cover up for the flawed and deceptive manner in which the company fabricated the supposed free and informed consent of the local residents to acquire mining rights in the area.
These cases, along with other sites of struggles where ATM actively works with local coalitions demonstrate the tragic reality of mining as an environmentally-destructive and violated industry. People's rights have been time and again violated by mining companies in cahoots with government agencies and other local players in total abandonment of our national patrimony and our people's rights to self-determination, development and freedom of choice.
We enjoin government at the national level to revisit its policy regime towards the industry, starting with the immediate scrapping of the mining law, an overhaul for the regulatory regime governing the industry and the stringent monitoring of mining operations and the companies behind them some of whom have been met with stiff resistance and slapped with environmental penalties for their operations elsewhere.
The Alyansa Tigil Mina offers its Annual Report to the public in hopes of drumbeating support for its continued campaign, and the wider dissemination of information regarding the realities of mining in the country. We salute the bishops in their continued support for our cause, and the tireless dedication of our communities and partner organizations at the local level who are the real engines of this continuing struggle.
The Alyansa Tigil Mina (ATM) is a national coalition of NGOs, POs, church and other support groups born out of the collective concern against the impending threat of the revitalization of the mining industry in the Philippines . Alyansa Tigil Mina, Mobile No. 09153153719 Email nc@phildhrra.org
Jul 12, 2007
Global forum on migration and development held in Brussels
Philippine Ambassador to Belgium Cristina Ortega reported to the Department of Foreign Affairs that the First Global Forum on Migration and Development (GFMD) was held in Brussels on 10 and 11 July 2007 to effectively address the implications, challenges and opportunities for greater coherence between migration and development policies among countries of origin and destination.
The GFMD is an inter-state, informal and non-binding process for discussion of the various issues concerning international migration and its interconnectivity to development. The First GFMD was spearheaded by the Kingdom of Belgium, following the UN High Level Dialogue (HLD) on Migration and Development held in New York last September 2006.
Foreign Affairs Undersecretary for Migrant Workers' Affairs Esteban B. Conejos, Jr. headed the delegation from the Department of Foreign Affairs. Other members of the DFA delegation included Ambassador Ortega; Ambassador Enrique Manalo and Consul General Grace Princesa of the Philippine Permanent Mission to the United Nations in Geneva; and Special Assistant Estrella L. Roman of DFA-OUMWA.
The Philippines' participation in the First GFMD is part of the Government's policy to promote the rights and protect the welfare of Filipino migrant workers. Undersecretary Conejos has also represented the Department in three preparatory meetings among "Friends of the Forum" held in Brussels and Geneva.
The DFA delegation was joined at the Forum by representatives from the Department of Labor and Employment (DOLE), namely, Undersecretary Danilo Cruz and Labor Attaché Manuel Imson of the Philippine Mission in Geneva. Labor Attaché Ciriaco Lagunzad of the Philippine Embassy in Brussels, on the other hand, was a member of the Belgian Task Force that organized the First GFMD. Other Philippine government officials who participated in the Forum were Chairman Patricia Sto. Tomas of the Development Bank of the Philippines, Vice Governor Diwa Gunigundo of the Bangko Sentral ng Pilipinas, OWWA Administrator Marianito Roque, and POEA Administrator Rosalinda Baldoz.
The officials represented the Philippine Government in the First GFMD at the plenary and roundtable discussions. Aside from monitoring the proceedings of the two-day consultative forum, the officials also articulated the Philippine policies on labor migration and its link to development, and advanced the Government's agenda on protection and promotion of the rights and welfare of migrant Filipino workers and their families.
Around 144 UN member countries participated in the two-day Forum. At the same time, nearly 200 representatives from civil society actors such as NGOs, trade unions, the academe, church-based groups, and the private sector gathered at the Palais d'Egmont in Brussels for Civil Society Day, where they discussed the same topics that the government actors tackled during the Forum, and submitted their findings and recommendations to the inter-state forum on 11 July.
The Philippines has a special participation in the First GFMD as the host of the Second GFMD, which will be held in Manila next year. President Gloria Macapagal-Arroyo has approved the Philippine hosting of the Second GFMD as a clear and concrete exercise of political will to advance the rights of migrant Filipino workers, to share Philippine experiences in managing labor migration, and to influence global perspectives and policies in aid of protecting the rights and welfare of migrant citizens. (DFA)
The GFMD is an inter-state, informal and non-binding process for discussion of the various issues concerning international migration and its interconnectivity to development. The First GFMD was spearheaded by the Kingdom of Belgium, following the UN High Level Dialogue (HLD) on Migration and Development held in New York last September 2006.
Foreign Affairs Undersecretary for Migrant Workers' Affairs Esteban B. Conejos, Jr. headed the delegation from the Department of Foreign Affairs. Other members of the DFA delegation included Ambassador Ortega; Ambassador Enrique Manalo and Consul General Grace Princesa of the Philippine Permanent Mission to the United Nations in Geneva; and Special Assistant Estrella L. Roman of DFA-OUMWA.
The Philippines' participation in the First GFMD is part of the Government's policy to promote the rights and protect the welfare of Filipino migrant workers. Undersecretary Conejos has also represented the Department in three preparatory meetings among "Friends of the Forum" held in Brussels and Geneva.
The DFA delegation was joined at the Forum by representatives from the Department of Labor and Employment (DOLE), namely, Undersecretary Danilo Cruz and Labor Attaché Manuel Imson of the Philippine Mission in Geneva. Labor Attaché Ciriaco Lagunzad of the Philippine Embassy in Brussels, on the other hand, was a member of the Belgian Task Force that organized the First GFMD. Other Philippine government officials who participated in the Forum were Chairman Patricia Sto. Tomas of the Development Bank of the Philippines, Vice Governor Diwa Gunigundo of the Bangko Sentral ng Pilipinas, OWWA Administrator Marianito Roque, and POEA Administrator Rosalinda Baldoz.
The officials represented the Philippine Government in the First GFMD at the plenary and roundtable discussions. Aside from monitoring the proceedings of the two-day consultative forum, the officials also articulated the Philippine policies on labor migration and its link to development, and advanced the Government's agenda on protection and promotion of the rights and welfare of migrant Filipino workers and their families.
Around 144 UN member countries participated in the two-day Forum. At the same time, nearly 200 representatives from civil society actors such as NGOs, trade unions, the academe, church-based groups, and the private sector gathered at the Palais d'Egmont in Brussels for Civil Society Day, where they discussed the same topics that the government actors tackled during the Forum, and submitted their findings and recommendations to the inter-state forum on 11 July.
The Philippines has a special participation in the First GFMD as the host of the Second GFMD, which will be held in Manila next year. President Gloria Macapagal-Arroyo has approved the Philippine hosting of the Second GFMD as a clear and concrete exercise of political will to advance the rights of migrant Filipino workers, to share Philippine experiences in managing labor migration, and to influence global perspectives and policies in aid of protecting the rights and welfare of migrant citizens. (DFA)
Jul 11, 2007
ADB told to review energy policy, rather than draft a strategy based on a flawed policy
The Freedom from Debt Coalition (FDC) – Philippines on Wednesday urged the Asian Development Bank to review, if not overhaul, its 1995 Energy Policy rather than drafting a "new" strategy that is based on a "flawed" policy.
Said energy policy governs the power industry restructuring and privatization in ADB's developing member countries (DMCs) such as the Philippines through the Power Sector Restructuring Program (PSRP).
"ADB must consider re-examining its energy policy because it is all about catering to the interests of the corporate industry players and creditors, but not of the consumers," said FDC president Ana Maria R. Nemenzo in time for the forthcoming ADB's sub-regional "consultation" among stakeholders in Southeast Asia and the Pacific on July 13 at the Bank's main headquarters in Ortigas. This is the last of the four consultations on the Bank's draft Energy Strategy which is expected to be approved by September 2007.
One of the focuses of ADB's 1995 Energy Policy is on enabling private
investments in the energy sector. The policy sets the Bank's focus of
assistance which includes, among others, preferential financial support
for its DMCs that are willing to restructure their energy sector and
support to build-operate-transfer (BOT) type of projects in the private
sector as well as joint venture projects.
FDC said that ADB's energy policy, which was implemented through the
Electric Power Industry Reform Act (EPIRA) in the Philippines, has
compelled the government to increase the generation rates to attract more investors to participate in the privatization of government's generation assets. It also legitimized the debts arising from and payments to expensive and onerous contracts of National Power Corporation with independent power producers.
"This policy has caused additional debt burden to the national government and the National Power Corporation. From only about P500 billion long term debts and lease obligations to IPPs in 1998, now it has ballooned to about P1.4 trillion," said Nemenzo.
Maitet Diokno-Pascual, former president and now board member of FDC, said that the ADB knows about these problems. "But its response is typical of an international financial institution that won't acknowledge its error," she said, adding that the Bank just keeps on lending more and more to the power sector to cover up its mistakes.
Diokno-Pascual explained that since the US$300 million power sector
restructuring loan the ADB extended to the Philippines in 1998, it had to extend additional assistance—loans and technical assistance—of nearly US$500 million. From 2001-2006, 99.6 percent of the ADB assistance to the country's energy sector has been in the area of power sector development.
"This is not because the first loan was a resounding success, but because this is the only way the ADB knows how to keep the flame of power restructuring alive in the Philippines. At this point, the ones with the biggest stake in defending the power sector reforms are the creditors themselves," added Diokno-Pascual.
Nemenzo said that the ADB estimated the total financing requirement for
the power sector to reach US$9.1 billion or P418.6 billion (US$1=P46) in 2006 – 2010 to cover assumed loans from NPC and deficits/losses from
contracts with IPPs. US$450 million was already released by ADB in
December 2006 under the Power Sector Development Program Loan.
The draft strategy, which will guide the Bank's future operations in the energy sector, is expected to address key issues, including: energy
security; global warming/climate change; sector policy reform and
governance; and, energy efficiency.
Following the initial 1981 policy, the ADB Energy Policy was developed in 1995, which is subject for review every 5 years. The Bank undertook a review in 2000 and came up with framework and strategy for its operations for the succeeding years. However, the next review supposedly to be undertaken by 2005 was delayed as the Bank failed to come up with the draft paper for consultation with the different stakeholders.
The framework policies and strategies set in 2000 after the review of the 1995 energy policy are: poverty reduction; addressing regional and global environmental impacts; promoting regional cooperation; and, promoting private sector involvement, which prompted the restructuring of the energy sector in the country and helped create an enabling environment for private investors.
Said energy policy governs the power industry restructuring and privatization in ADB's developing member countries (DMCs) such as the Philippines through the Power Sector Restructuring Program (PSRP).
"ADB must consider re-examining its energy policy because it is all about catering to the interests of the corporate industry players and creditors, but not of the consumers," said FDC president Ana Maria R. Nemenzo in time for the forthcoming ADB's sub-regional "consultation" among stakeholders in Southeast Asia and the Pacific on July 13 at the Bank's main headquarters in Ortigas. This is the last of the four consultations on the Bank's draft Energy Strategy which is expected to be approved by September 2007.
One of the focuses of ADB's 1995 Energy Policy is on enabling private
investments in the energy sector. The policy sets the Bank's focus of
assistance which includes, among others, preferential financial support
for its DMCs that are willing to restructure their energy sector and
support to build-operate-transfer (BOT) type of projects in the private
sector as well as joint venture projects.
FDC said that ADB's energy policy, which was implemented through the
Electric Power Industry Reform Act (EPIRA) in the Philippines, has
compelled the government to increase the generation rates to attract more investors to participate in the privatization of government's generation assets. It also legitimized the debts arising from and payments to expensive and onerous contracts of National Power Corporation with independent power producers.
"This policy has caused additional debt burden to the national government and the National Power Corporation. From only about P500 billion long term debts and lease obligations to IPPs in 1998, now it has ballooned to about P1.4 trillion," said Nemenzo.
Maitet Diokno-Pascual, former president and now board member of FDC, said that the ADB knows about these problems. "But its response is typical of an international financial institution that won't acknowledge its error," she said, adding that the Bank just keeps on lending more and more to the power sector to cover up its mistakes.
Diokno-Pascual explained that since the US$300 million power sector
restructuring loan the ADB extended to the Philippines in 1998, it had to extend additional assistance—loans and technical assistance—of nearly US$500 million. From 2001-2006, 99.6 percent of the ADB assistance to the country's energy sector has been in the area of power sector development.
"This is not because the first loan was a resounding success, but because this is the only way the ADB knows how to keep the flame of power restructuring alive in the Philippines. At this point, the ones with the biggest stake in defending the power sector reforms are the creditors themselves," added Diokno-Pascual.
Nemenzo said that the ADB estimated the total financing requirement for
the power sector to reach US$9.1 billion or P418.6 billion (US$1=P46) in 2006 – 2010 to cover assumed loans from NPC and deficits/losses from
contracts with IPPs. US$450 million was already released by ADB in
December 2006 under the Power Sector Development Program Loan.
The draft strategy, which will guide the Bank's future operations in the energy sector, is expected to address key issues, including: energy
security; global warming/climate change; sector policy reform and
governance; and, energy efficiency.
Following the initial 1981 policy, the ADB Energy Policy was developed in 1995, which is subject for review every 5 years. The Bank undertook a review in 2000 and came up with framework and strategy for its operations for the succeeding years. However, the next review supposedly to be undertaken by 2005 was delayed as the Bank failed to come up with the draft paper for consultation with the different stakeholders.
The framework policies and strategies set in 2000 after the review of the 1995 energy policy are: poverty reduction; addressing regional and global environmental impacts; promoting regional cooperation; and, promoting private sector involvement, which prompted the restructuring of the energy sector in the country and helped create an enabling environment for private investors.
Jul 9, 2007
FDC hits ADB on power sector reforms, energy review process
The Freedom from Debt Coalition (FDC) today challenged the Asian Development Bank to admit that its Power Sector Restructuring Program that is being undertaken in the Philippines through the Electric Power Industry Reform Act (EPIRA) enacted in 2001 has created more social and economic problems than supposed benefits to the people.
FDC president Ana Maria R. Nemenzo blamed ADB's power sector restructuring and privatization program for the ballooning National Power Corporation and national government debts, higher power rates, unreliability of supply and lesser access by the poor.
FDC issued this challenge in time for the forthcoming ADB's sub regional "consultation" among stakeholders in Southeast Asia and the Pacific on July 13 at the Bank's main headquarters in Ortigas. This is the last of the four consultations on the Bank's draft Energy Strategy which is expected to be approved by September 2007.
The group likewise criticized the process of the energy review, citing the short period to study and make a more intelligent and substantive comment on the draft strategy.
"It took the ADB almost one and a half years to finish the draft and yet the Bank only gives the stakeholders only 60 days to study and comment on it. In other regions such as Central Asia, they only had 16 days to study the draft before the consultation on June 14," said Nemenzo, who is also the international convener of the NGO Forum on the ADB.
"Besides, a strategy is less binding because it does not require the approval of the board. Will the 1995 energy policy be maintained? What rule—policy or strategy—will govern other energy issues not covered by the strategy?" asked Nemenzo.
Nemenzo raised one of NGO Forum on ADB's questions regarding the issue on strategy: "Will the implementation of contentious provision such as the reduction of carbon emissions, adoption of clean technology, and implementation of ADB safeguards, among others no longer be subjected under the Accountability Mechanism, since it is only a strategy and not a policy?"
The draft strategy, which will guide the Bank's future operations in the energy sector, is expected to address key issues, including: energy security; global warming/climate change; sector policy reform and governance; and, energy efficiency.
Following the initial 1981 policy, the ADB Energy Policy was developed in 1995 and is subject for review every 5 years. The Bank undertook a review in 2000 and came up with a framework and strategy for its operations for the succeeding years. However, the next review supposedly to be undertaken by 2005 was delayed as the Bank failed to come up with the draft paper for consultation with the different stakeholders.
The framework policies and strategies set in 2000 after the review of the 1995 energy policy are: poverty reduction; addressing regional and global environmental impacts; promoting regional cooperation; and, promoting private sector involvement, which prompted the restructuring of the energy sector in the country and helped create an enabling environment for private investors.
FDC president Ana Maria R. Nemenzo blamed ADB's power sector restructuring and privatization program for the ballooning National Power Corporation and national government debts, higher power rates, unreliability of supply and lesser access by the poor.
FDC issued this challenge in time for the forthcoming ADB's sub regional "consultation" among stakeholders in Southeast Asia and the Pacific on July 13 at the Bank's main headquarters in Ortigas. This is the last of the four consultations on the Bank's draft Energy Strategy which is expected to be approved by September 2007.
The group likewise criticized the process of the energy review, citing the short period to study and make a more intelligent and substantive comment on the draft strategy.
"It took the ADB almost one and a half years to finish the draft and yet the Bank only gives the stakeholders only 60 days to study and comment on it. In other regions such as Central Asia, they only had 16 days to study the draft before the consultation on June 14," said Nemenzo, who is also the international convener of the NGO Forum on the ADB.
"Besides, a strategy is less binding because it does not require the approval of the board. Will the 1995 energy policy be maintained? What rule—policy or strategy—will govern other energy issues not covered by the strategy?" asked Nemenzo.
Nemenzo raised one of NGO Forum on ADB's questions regarding the issue on strategy: "Will the implementation of contentious provision such as the reduction of carbon emissions, adoption of clean technology, and implementation of ADB safeguards, among others no longer be subjected under the Accountability Mechanism, since it is only a strategy and not a policy?"
The draft strategy, which will guide the Bank's future operations in the energy sector, is expected to address key issues, including: energy security; global warming/climate change; sector policy reform and governance; and, energy efficiency.
Following the initial 1981 policy, the ADB Energy Policy was developed in 1995 and is subject for review every 5 years. The Bank undertook a review in 2000 and came up with a framework and strategy for its operations for the succeeding years. However, the next review supposedly to be undertaken by 2005 was delayed as the Bank failed to come up with the draft paper for consultation with the different stakeholders.
The framework policies and strategies set in 2000 after the review of the 1995 energy policy are: poverty reduction; addressing regional and global environmental impacts; promoting regional cooperation; and, promoting private sector involvement, which prompted the restructuring of the energy sector in the country and helped create an enabling environment for private investors.
Reject compromise deal on Non-agricultural Market Access (NAMA)
Several trade unions, peasant organizations, women's groups, non-government organizations and political blocs belonging to the Stop the New Round! Coalition (SNR) today sent a letter to trade and industry Sec. Peter Favila to express their collective concern over a "possible compromise deal on Non-agricultural Market Access (NAMA) negotiations" and called on the Philippine government to reject the compromise proposal and put development at the heart of the NAMA negotiations.
The latest proposal from developing countries led by Chile for a "middle ground" solution represents a serious break from the position of NAMA 11 of which the Philippines is an active member.
The SNR challenged the secretary to be the "leading developing country voice in NAMA 11 in calling for the rejection of the new NAMA proposal."
NAMA is one of the more contentious issues in the WTO's controversial Doha "Development" Round. NAMA covers all products not covered by the Agreement on Agriculture. It aims to advance further liberalization in manufacturing products, fuels and mining products, fish and fish products, and forestry products.
Despite the claims of the WTO, the SNR believes that the current round has effectively sidelined development. This is very apparent in the NAMA negotiations where the "US and EU want an ambitious NAMA formula" that would force developing countries to pry open their market for industrial and fisheries sector. The most contentious point in the so-called "Swiss formula", adopted in Hong Kong during the last WTO Ministerial Conference in 2005, is the coefficient that would be used to determine the tariff cuts of developed and developing economies.
The Chilean proposal calls for a coefficient in the high teens or low twenties for developing countries and below 10 for developed countries.
The SNR said that a coefficient for developing countries in the high teens would be "a murderous compromise on the part of the Philippines."
The SNR believes that "a compromise deal on NAMA would compromise jobs."
The latest proposal from developing countries led by Chile for a "middle ground" solution represents a serious break from the position of NAMA 11 of which the Philippines is an active member.
The SNR challenged the secretary to be the "leading developing country voice in NAMA 11 in calling for the rejection of the new NAMA proposal."
NAMA is one of the more contentious issues in the WTO's controversial Doha "Development" Round. NAMA covers all products not covered by the Agreement on Agriculture. It aims to advance further liberalization in manufacturing products, fuels and mining products, fish and fish products, and forestry products.
Despite the claims of the WTO, the SNR believes that the current round has effectively sidelined development. This is very apparent in the NAMA negotiations where the "US and EU want an ambitious NAMA formula" that would force developing countries to pry open their market for industrial and fisheries sector. The most contentious point in the so-called "Swiss formula", adopted in Hong Kong during the last WTO Ministerial Conference in 2005, is the coefficient that would be used to determine the tariff cuts of developed and developing economies.
The Chilean proposal calls for a coefficient in the high teens or low twenties for developing countries and below 10 for developed countries.
The SNR said that a coefficient for developing countries in the high teens would be "a murderous compromise on the part of the Philippines."
The SNR believes that "a compromise deal on NAMA would compromise jobs."
In the Philipines, such an agreement would exacerbate an already acute jobs crisis. "Job losses could be expected in the motor vehicles sector, which employs around 39,000, the apparel sector with an even bigger employment of 370,000, the leather and footwear sector with 69,000 workers, furniture sector with 143,000 workers and plastic products which provides jobs to 54,000 workers."
The SNR is a broad coalition of people's organizations and NGOs campaigning against new free trade agreements.
Open letter to Sec. Favila re a possible compromise deal on Non-agricultural Market Access (NAMA) negotiations
9 July 2007
HON. PETER FAVILA
Secretary
Department of Trade and Industry
Dear Secretary Favila,
We are alarmed over reports of a possible compromise deal on Non-agricultural Market Access (NAMA) negotiations. The latest proposal from developing countries led by Chile for a "middle ground" solution represents a serious break from the position of NAMA 11 of which the Philippines is an active member.
It is clear that the United States and the European Union want to squeeze as much as they can from developing countries on NAMA as pay back for what they claim to be their own concessions in agriculture, concessions that many analysts feel are not even enough to level the playing field in agriculture. It is clear that the US and EU want an ambitious NAMA formula in order to pry open the market for industrial and fisheries sector in developing countries.
The new NAMA proposal coming as it were in the aftermath of the collapse of the G4 meeting in Potsdam, and which is projected as an initiative from developing countries plays dangerously into the strategy of the US and EU. This is exactly the opening that the US and EU were hoping for in Potsdam. The proposal hands the compromise to them in a silver platter.
The call from the new proposal for more flexibility and compromise should be seriously challenged. In Hong Kong, developing countries have already made a huge compromise when they agreed to adopt the ambitious Swiss formula for tariff reductions. Under an ambitious formula, developing countries would absorb close to 70% cuts in their industrial and fishery tariffs as opposed to the measly 25 % cuts for developed countries. Simulations done by both the WTO and international trade unions have already provided us a picture of the possible consequences on jobs and revenues under an ambitious NAMA agreement.
A coefficient for developing countries in the high teens would be a murderous compromise on the part of the Philippines. Such an ambitious formula would result in a substantial reduction of our average bound rates for industrial and fishery products and would constitute a serious erosion of our policy space. Sectors that would be adversely affected include the automotive sector, apparel, plastics, leather products and footwear, and the furniture sector which would all absorb cuts not just in bound rates but in actual applied rates. Huge cuts on bound rates would be felt in rubber products, fabricated metals, wood and wood products, and paper and paper products.
A compromise deal on NAMA would compromise jobs. Job losses could be expected in the motor vehicles sector, which employs around 39,000, the apparel sector with an even bigger employment of 370,000, the leather and footwear sector with 69,000 workers, furniture sector with 143,000 workers and plastic products which provides jobs to 54,000 workers.
We do not need to remind you that central to the NAMA 11 position is the demand to put the development objective at the heart of the NAMA negotiations. The compromise deal on NAMA undermines this very objective.
We challenge you now in this most critical time in the negotiations to exhibit leadership in NAMA 11. We challenge you to be the leading developing country voice in NAMA 11 in calling for the rejection of the new NAMA proposal.
"No deal is still better than a bad deal" Mr. Secretary and in the interest of Filipino workers, we hope that this is still your guiding principle.
Stop the New Round! Coalition
Akbayan
Alliance of Progressive Labor (APL)
Alternate Forum for Research in Mindanao (AFRIM)
Association of Genuine Labor Organization (AGLO)
Bukluran ng Manggagawang Pilipino (BMP)
Coalition Against Trafficking in Women - Asia Pacific (CATW-AP)
Confederation of Independent Unions in the Public Sector (CIU)
Convergence for Community Centered Area DevelopmentFocus on the Global South - Philippines
Freedom from Debt Coalition (FDC)
Global Network Asia
International Gender and Trade Network - Asia
Kilusang para sa Pambansang Demokraysa
Kongreso ng Pagkakaisa ng Manggagawa sa Pilipinas (KPMP)
Labor Education and Research Network (LEARN)
Liga Manggagawa
Makabayan - Pilipinas
Manggagawa para sa Kalayaan ng Bayan (MAKABAYAN)
Pambansang Katipunan ng Malayang Magbubukid - PKKM
Philippine Metalworkers' Alliance (PMA)
Philippine Rural Reconstruction Movement (PRRM)
Resource Center for People's Development (RCPD)
Women and Gender Institute (WAGI)
HON. PETER FAVILA
Secretary
Department of Trade and Industry
Dear Secretary Favila,
We are alarmed over reports of a possible compromise deal on Non-agricultural Market Access (NAMA) negotiations. The latest proposal from developing countries led by Chile for a "middle ground" solution represents a serious break from the position of NAMA 11 of which the Philippines is an active member.
It is clear that the United States and the European Union want to squeeze as much as they can from developing countries on NAMA as pay back for what they claim to be their own concessions in agriculture, concessions that many analysts feel are not even enough to level the playing field in agriculture. It is clear that the US and EU want an ambitious NAMA formula in order to pry open the market for industrial and fisheries sector in developing countries.
The new NAMA proposal coming as it were in the aftermath of the collapse of the G4 meeting in Potsdam, and which is projected as an initiative from developing countries plays dangerously into the strategy of the US and EU. This is exactly the opening that the US and EU were hoping for in Potsdam. The proposal hands the compromise to them in a silver platter.
The call from the new proposal for more flexibility and compromise should be seriously challenged. In Hong Kong, developing countries have already made a huge compromise when they agreed to adopt the ambitious Swiss formula for tariff reductions. Under an ambitious formula, developing countries would absorb close to 70% cuts in their industrial and fishery tariffs as opposed to the measly 25 % cuts for developed countries. Simulations done by both the WTO and international trade unions have already provided us a picture of the possible consequences on jobs and revenues under an ambitious NAMA agreement.
A coefficient for developing countries in the high teens would be a murderous compromise on the part of the Philippines. Such an ambitious formula would result in a substantial reduction of our average bound rates for industrial and fishery products and would constitute a serious erosion of our policy space. Sectors that would be adversely affected include the automotive sector, apparel, plastics, leather products and footwear, and the furniture sector which would all absorb cuts not just in bound rates but in actual applied rates. Huge cuts on bound rates would be felt in rubber products, fabricated metals, wood and wood products, and paper and paper products.
A compromise deal on NAMA would compromise jobs. Job losses could be expected in the motor vehicles sector, which employs around 39,000, the apparel sector with an even bigger employment of 370,000, the leather and footwear sector with 69,000 workers, furniture sector with 143,000 workers and plastic products which provides jobs to 54,000 workers.
We do not need to remind you that central to the NAMA 11 position is the demand to put the development objective at the heart of the NAMA negotiations. The compromise deal on NAMA undermines this very objective.
We challenge you now in this most critical time in the negotiations to exhibit leadership in NAMA 11. We challenge you to be the leading developing country voice in NAMA 11 in calling for the rejection of the new NAMA proposal.
"No deal is still better than a bad deal" Mr. Secretary and in the interest of Filipino workers, we hope that this is still your guiding principle.
Stop the New Round! Coalition
Akbayan
Alliance of Progressive Labor (APL)
Alternate Forum for Research in Mindanao (AFRIM)
Association of Genuine Labor Organization (AGLO)
Bukluran ng Manggagawang Pilipino (BMP)
Coalition Against Trafficking in Women - Asia Pacific (CATW-AP)
Confederation of Independent Unions in the Public Sector (CIU)
Convergence for Community Centered Area DevelopmentFocus on the Global South - Philippines
Freedom from Debt Coalition (FDC)
Global Network Asia
International Gender and Trade Network - Asia
Kilusang para sa Pambansang Demokraysa
Kongreso ng Pagkakaisa ng Manggagawa sa Pilipinas (KPMP)
Labor Education and Research Network (LEARN)
Liga Manggagawa
Makabayan - Pilipinas
Manggagawa para sa Kalayaan ng Bayan (MAKABAYAN)
Pambansang Katipunan ng Malayang Magbubukid - PKKM
Philippine Metalworkers' Alliance (PMA)
Philippine Rural Reconstruction Movement (PRRM)
Resource Center for People's Development (RCPD)
Women and Gender Institute (WAGI)
Journalists can't be compelled to disclose news sources under Anti-Terror Act
Journalists cannot be compelled under the Human
Security Act (Republic Act 9372) to reveal to law
enforcement authorities their sources of information
in connection with reports about terrorist activities
they write about.
This was pointed out today by Senate Minority Leader
Aquilino "Nene" Q. Pimentel, Jr. (PDP-Laban) who
authored this particular provision, as part of several
amendments in the HSA that were adopted at his
suggestion to prevent violations of civil liberties.
Pimentel said lawyers and doctors likewise cannot be
compelled to reveal their communications with their
clients and patients whose involvement in terrorism
activities are being investigated by the authorities.
Explaining why media practitioners should not be
required to reveal their sources of information,
Pimentel invoked section 4 of Article III (Bill of
Rights) of the Constitution which provides: "No law
shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the
people to peaceably assemble and petition the
government for redress of grievances."
"In fact, there is more reason to exempt the
correspondences, messages and records of journalists
from being monitored, bugged and recorded or
subpoenaed for use under legal compunction in the
investigation or terrorist trials than the
communications between doctors and patients," Pimentel
said.
The minority leader also cited the concern of the
Reporters Committee for Freedom of the United States
that "if any journalist strongly and legitimately
suspects that his or her communications with a sources
are being intercepted by a third party, that
journalist simply cannot promise confidentiality in
good faith to an international source when that source
could face torture or death if the communication is
revealed."
Another major amendment to the HSA adopted at
Pimentel's suggestion was the reduction of the period
of detention to terror suspects to not more than three
days if they were arrested without court warrants or
if they are not formally charged.
Originally, the maximum period for detaining terrorist
suspects without a court warrant was for 15 days and
later reduced to five days.
Justifying the shortened detention period, Pimentel
pointed out that the Constitution, under Article VII
section 18 provides that during the suspension of the
writ of habeas corpus, any person arrested or detained
for rebellion shall be judicially charged within three
days, otherwise he shall be released.
"The three-day period during which a person may be
detained without charges even during a rebellion or
invasion, is a constitutional demarcation line that
must not be breached," he said.
Pimentel said that a related amendment would require
law enforcers to immediately bring before any judge,
Commission on Human Rights official or justice of the
Sandiganbayan or Court of Appeals any person arrested
by them on charges or suspicion of terrorism before
the suspect is detained.
He said the requirement of immediately bringing an
arrested terrorist suspect to the presence of a
judicial magistrate will discourage abuse or physical
maltreatment of the suspect.
Other major amendments:
1. Compensating persons wrongfully arrested and
detained on anti-terrorism charges in the amount of
P500,000 for every day of detention.
2. Creating a grievance committee headed by the
Ombudsman before which people harassed by law
enforcers on charges of terrorism may complain and get
redress for their grievances. The grievance committee
will have their divisions - one each - in Luzon,
Visayas and Mindanao.
Pimentel said he has introduced nearly a hundred
amendments to the Human Security Act, backed by some
200 pages of studies, to make sure that the bill will
not be used as an instrument of terror against the
people.
"We worked on the Human Security Act very assiduously
and meticulously because I think, in all honesty, that
it is the most terrifying piece of legislation ever
submitted to the hall of Congress," he said.
Security Act (Republic Act 9372) to reveal to law
enforcement authorities their sources of information
in connection with reports about terrorist activities
they write about.
This was pointed out today by Senate Minority Leader
Aquilino "Nene" Q. Pimentel, Jr. (PDP-Laban) who
authored this particular provision, as part of several
amendments in the HSA that were adopted at his
suggestion to prevent violations of civil liberties.
Pimentel said lawyers and doctors likewise cannot be
compelled to reveal their communications with their
clients and patients whose involvement in terrorism
activities are being investigated by the authorities.
Explaining why media practitioners should not be
required to reveal their sources of information,
Pimentel invoked section 4 of Article III (Bill of
Rights) of the Constitution which provides: "No law
shall be passed abridging the freedom of speech, of
expression, or of the press, or the right of the
people to peaceably assemble and petition the
government for redress of grievances."
"In fact, there is more reason to exempt the
correspondences, messages and records of journalists
from being monitored, bugged and recorded or
subpoenaed for use under legal compunction in the
investigation or terrorist trials than the
communications between doctors and patients," Pimentel
said.
The minority leader also cited the concern of the
Reporters Committee for Freedom of the United States
that "if any journalist strongly and legitimately
suspects that his or her communications with a sources
are being intercepted by a third party, that
journalist simply cannot promise confidentiality in
good faith to an international source when that source
could face torture or death if the communication is
revealed."
Another major amendment to the HSA adopted at
Pimentel's suggestion was the reduction of the period
of detention to terror suspects to not more than three
days if they were arrested without court warrants or
if they are not formally charged.
Originally, the maximum period for detaining terrorist
suspects without a court warrant was for 15 days and
later reduced to five days.
Justifying the shortened detention period, Pimentel
pointed out that the Constitution, under Article VII
section 18 provides that during the suspension of the
writ of habeas corpus, any person arrested or detained
for rebellion shall be judicially charged within three
days, otherwise he shall be released.
"The three-day period during which a person may be
detained without charges even during a rebellion or
invasion, is a constitutional demarcation line that
must not be breached," he said.
Pimentel said that a related amendment would require
law enforcers to immediately bring before any judge,
Commission on Human Rights official or justice of the
Sandiganbayan or Court of Appeals any person arrested
by them on charges or suspicion of terrorism before
the suspect is detained.
He said the requirement of immediately bringing an
arrested terrorist suspect to the presence of a
judicial magistrate will discourage abuse or physical
maltreatment of the suspect.
Other major amendments:
1. Compensating persons wrongfully arrested and
detained on anti-terrorism charges in the amount of
P500,000 for every day of detention.
2. Creating a grievance committee headed by the
Ombudsman before which people harassed by law
enforcers on charges of terrorism may complain and get
redress for their grievances. The grievance committee
will have their divisions - one each - in Luzon,
Visayas and Mindanao.
Pimentel said he has introduced nearly a hundred
amendments to the Human Security Act, backed by some
200 pages of studies, to make sure that the bill will
not be used as an instrument of terror against the
people.
"We worked on the Human Security Act very assiduously
and meticulously because I think, in all honesty, that
it is the most terrifying piece of legislation ever
submitted to the hall of Congress," he said.
Jul 8, 2007
Taal spa project exposes infirmities of environmental regulations
The botched proposal to construct a tourist spa in the mouth of Taal volcano is another example of how government regulations with respect to the environment are wantonly disregarded and violated. Even though its Environmental Compliance Certificate (ECC) has been revoked, the DENR Secretary has come out to say the company can apply for one again.
Yet the very idea that a permanent structure was to be built right in the most dangerous part of the volcano should have given more than enough cause for alarm much earlier, had the DENR not been remiss in its oversight duties. Unless the project is abandoned altogether, the public must remain vigilant.
This again shows the infirmities of the environmental impact assessment (EIA) mechanism as a prerequisite to the implementation of development projects. As the first step towards securing an environmental compliance certificate (ECC) the EIA requires the free and prior informed consent of the local communities to be affected by a development project. It is a social safeguard provided for not only in the EIA law, but other statutes including the Mining Law, Indigenous People's Rights Act and the Local Government Code.
But the proposed Taal spa illustrates that the local community did not support the project and that it was railroaded by the local government unit. There is enough reason to make the LGU accountable for abuse of authority in this regard.
The Alyansa Tigil Mina (ATM) believes the environmental compliance aspect of the Taal spa project should be an occasion to revisit the EIA system and the granting of ECCs to construction firms. It has been our experience with our communities affected by mining operations that more often than not, the granting of ECCs are highly susceptible to corruption and collusion, to the detriment of the host communities where development projects, including mining operations, are located.
The manner in which development projects are measured and assessed in relation to their effects on the environment must be reformed and stricter policies need to be put in place against development projects that seek to utilize the country's natural and mineral resources.
There has got to be a better way to promote development among the thirteen or so municipalities surrounding Taal without sacrificing the heritage of Taal volcano itself. The Taal spa, had it not been for the vigilance of the local residents, would have proceeded, to the detriment of Talisay and the local population. It is the same with the mining communities where informed consent is often twisted with false promises of economic prosperity in exchange for the violation of our patrimony and the exploitation of our environment.
Jaybee Garganera
Alyansa Tigil Mina (ATM)
59-C Salvador St., Loyola Heights, QC
Jul 5, 2007
DOLE tasked to address job mismatch
Following President Arroyo's order to raise the level of the country's educational system to world standards, the Department of Education was tasked to address the problem on job mismatch and have specific plans and programs for education development.
At present, DepED is targeting half a million public school teachers to undergo virtual training through the Cyber Education project.
DepED Secretary Jesli Lapus said through Cyber education, we are bringing our teachers from all over the country closer to quality teacher training activities and materials.
We will ensure that all our teachers are provided the much-needed trainings they need to improve teaching and student learning, he said.
Secretary Lapus has also vigorously pushed for the strengthening of "tech-voc" education and trainings under the supervision and control of the department.
The move came with the gathering of government figures which showed that there were more than half a million blue collar jobs not being filled due to a shortage of skilled workers in the country while millions remain unemployed.
"We have to address what we call as the 'job mismatch'. Out of the 2.6 million unemployed Filipino, around 1.1 million are college graduates.
"But at the same time, we have 650,000 tech-voc jobs available in the local market, and we cannot fill in the vacancies because our tech-voc job applicants lack the required tech-voc skills," Lapus said.
Results of the National Career Assessment Examination (NCAE), the latest administered by DepED showed that majority of high school batch 2007 are not fit for college and should take the technical and vocational track.
Lapus expressed the DepEd's hope that students and parents will take advantage of the NCAE in charting their future after high school graduation.
"Students need to be given career counseling support and parents need to be informed and re-educated to appreciate viable alternatives to the college diploma." Lapus said.
The NCAE had four major components that sought to determine the aptitude of examinees in general scholastics, technical-vocational, entrepreneurial skills, and non-verbal ability.
The test also had a fifth part that questioned examinees on their occupational interest. Aptitude for college was mainly measured by the general scholastics aptitude (GSA) test of the NCAE which carried 220 items.
The technical-vocational aptitude test had 50 items, the entrepreneurial skills test had 30 items and the non-verbal ability test had 30 items. (PIA XI)- Rose Palacio
Jun 25, 2007
Poor performers in government do get axed, CSC says
The Civil Service Commission (CSC) recently upheld the dismissal of a government employee who performed poorly and still failed to improve despite a warning.
A permanent employee in a water district was earlier dropped from the rolls for poor performance. Within the rating period, he displayed a classic case of incompetence and incorrigibility. He did not do his regular duties and responsibilities; he failed to observe existing office rules and regulations; and he ignored his supervisor’s reasonable instructions. After four months of this behavior, his supervisor sent a formal warning that he would be dismissed if he did not shape up. He ignored the warning.
CSC head Karina Constantino-David said that CSC’s rule on performance is clear that one rating of “poor” is enough ground for an employee’s dismissal, as is done in the private sector. She said that “however by practice, government employees are luckier than employees in the private sector because once they become permanent, it is very hard to fire them.”
David explained, “Bosses in government seldom give a rating that reflects the actual performance of their people, largely because the present rating system is highly subjective. Bosses often given in to awa for lack of a strong basis to do otherwise. In fact, the sum total of all the ratings of the 1.4 Million government people in the CSC records would be somewhere near “outstanding”, contrary to that of public opinion.”
David said that the CSC, as central personnel agency of government, has been developing and pilot-testing a rating system to address the problem. “The Performance Management System-Office Performance Evaluation System or PMS-OPES is an output-based system that will reduce the subjectivity of rating people in government agencies, make it easier for the boss to give an honest-to-goodness rating, and will provide a basis for the agency to remove a non-performer. “
She also explained that due process was observed in the case of the water district employee as he was properly warned of the possible dismissal. “Yet, he still ignored it. He probably thought he could get away with it, as some did in the past. It is about time, our government agencies get serious with weeding out non-performers. These non-performers contribute nothing and worse, they drain our limited resources that come from taxpayers’ money.”
A permanent employee in a water district was earlier dropped from the rolls for poor performance. Within the rating period, he displayed a classic case of incompetence and incorrigibility. He did not do his regular duties and responsibilities; he failed to observe existing office rules and regulations; and he ignored his supervisor’s reasonable instructions. After four months of this behavior, his supervisor sent a formal warning that he would be dismissed if he did not shape up. He ignored the warning.
CSC head Karina Constantino-David said that CSC’s rule on performance is clear that one rating of “poor” is enough ground for an employee’s dismissal, as is done in the private sector. She said that “however by practice, government employees are luckier than employees in the private sector because once they become permanent, it is very hard to fire them.”
David explained, “Bosses in government seldom give a rating that reflects the actual performance of their people, largely because the present rating system is highly subjective. Bosses often given in to awa for lack of a strong basis to do otherwise. In fact, the sum total of all the ratings of the 1.4 Million government people in the CSC records would be somewhere near “outstanding”, contrary to that of public opinion.”
David said that the CSC, as central personnel agency of government, has been developing and pilot-testing a rating system to address the problem. “The Performance Management System-Office Performance Evaluation System or PMS-OPES is an output-based system that will reduce the subjectivity of rating people in government agencies, make it easier for the boss to give an honest-to-goodness rating, and will provide a basis for the agency to remove a non-performer. “
She also explained that due process was observed in the case of the water district employee as he was properly warned of the possible dismissal. “Yet, he still ignored it. He probably thought he could get away with it, as some did in the past. It is about time, our government agencies get serious with weeding out non-performers. These non-performers contribute nothing and worse, they drain our limited resources that come from taxpayers’ money.”
May 3, 2007
FDC sees no light ahead with ADB’s power privatization program
"ADB's power privatization program will only lure us deeper into total darkness!" cried Freedom from Debt Coalition as it held a demonstration before the Asian Development Bank's (ADB) main office in ADB Avenue, Ortigas Center, while lugging a huge, black light bulb to symbolize the country's bleak future if high power rates imposed upon, and shouldered by the Filipino people remain unfettered.
"The country is in bad shape, and our people's suffering is more palpable than ever," according to FDC Vice President Wilson Fortaleza. "Filipino people now pay for P9/kwh-P9.50/kwh, from only P5/kwh prior to the passage of Electric Power Industry Reform Act (EPIRA), while National Power Corporation (NPC) and government debts continue to balloon because of onerous power projects," he continued.
"ADB has a lot to do with the accelerating suffering of the Filipino people. It financed, designed, and pushed for the passage of EPIRA, which mandates the privatization of the power industry," explained Fortaleza.
In 1998, ADB approved the Power Sector Restructuring Program (PSRP) loan amounting to $300 million, which outlined the policy prescription for privatization and restructuring of the power industry. The release of two-thirds (2/3) of the PSRP loan depended on the passage of EPIRA in 2001.
EPIRA mandates the restructuring of the power industry and the privatization of NPC, the transfer of P200 billion NPC debts to the national government, the condonation of debts of the electric cooperatives, removal of cross subsidies and the collection of universal charge, which include charging electricity consumers for stranded debts of NPC and stranded contract costs of NPC, arising from onerous contracts with independent power producers (IPPs).
Even if on its face, EPIRA obviously passes on NPC's debt burdens to the people and intensifies monopolistic control and practice by few power companies by allowing for a mere handful to gain a stranglehold over the industry, ADB succeeded in compelling the Philippine government to promulgate EPIRA because some $550 million -- $200 million from ADB and JEXIM Bank for the interconnection project and $350 million ADB guarantee for NPC bonds in 2002 -- was also hinged on its passage.
"ADB's evil influence did not weaken through time. In fact, the impending P1.73/kWh increase in Meralco's electricity charges is highly attributable to the flawed wholesale electricity spot market (WESM) it prescribes. This was petitioned by the biggest distribution utility in the country for collection of its under-recoveries in December 2006 and January 2007 in generation costs due to increase in WESM prices and system losses," Fortaleza explained.
Instead of delivering its promised low power rates, WESM was found riddled with price manipulations during its first three months of operation consequently increasing the generation rates by about P1/kWh.
"ADB has left our country little breathing room, if at all, in our own affairs. Its suggested policies for reforms are tainted with its own interests alone. We demand that it leave the country, cease meddling in our affairs and cancel illegitimate debts from onerous power projects such as IPP contracts. The suffering must stop now," Fortaleza suggested.
"The ADB has the gall to claim it is owned by its member countries, and that it works towards improving the welfare of their people. But mere common sense dictates that the increases it imposes in support of big businesses and profiteers are unjust to a people who live in substandard conditions. This callousness must be made known, and their loathsome propensity for gains at the expense of everything else must be stopped," the FDC officer said.
Aptly, as ADB and government officials proceed to Kyoto, Japan this coming May 6 for the 40th ADB Annual Governors Meeting, FDC said that anti-debt and anti-privatization advocacy groups will make sure that the Filipino peoples' protests against ADB's power privatization program will resound persistently until it deafens and earns due attention and regard.
- Freedom from Debt Coalition
"The country is in bad shape, and our people's suffering is more palpable than ever," according to FDC Vice President Wilson Fortaleza. "Filipino people now pay for P9/kwh-P9.50/
"ADB has a lot to do with the accelerating suffering of the Filipino people. It financed, designed, and pushed for the passage of EPIRA, which mandates the privatization of the power industry," explained Fortaleza.
In 1998, ADB approved the Power Sector Restructuring Program (PSRP) loan amounting to $300 million, which outlined the policy prescription for privatization and restructuring of the power industry. The release of two-thirds (2/3) of the PSRP loan depended on the passage of EPIRA in 2001.
EPIRA mandates the restructuring of the power industry and the privatization of NPC, the transfer of P200 billion NPC debts to the national government, the condonation of debts of the electric cooperatives, removal of cross subsidies and the collection of universal charge, which include charging electricity consumers for stranded debts of NPC and stranded contract costs of NPC, arising from onerous contracts with independent power producers (IPPs).
Even if on its face, EPIRA obviously passes on NPC's debt burdens to the people and intensifies monopolistic control and practice by few power companies by allowing for a mere handful to gain a stranglehold over the industry, ADB succeeded in compelling the Philippine government to promulgate EPIRA because some $550 million -- $200 million from ADB and JEXIM Bank for the interconnection project and $350 million ADB guarantee for NPC bonds in 2002 -- was also hinged on its passage.
"ADB's evil influence did not weaken through time. In fact, the impending P1.73/kWh increase in Meralco's electricity charges is highly attributable to the flawed wholesale electricity spot market (WESM) it prescribes. This was petitioned by the biggest distribution utility in the country for collection of its under-recoveries in December 2006 and January 2007 in generation costs due to increase in WESM prices and system losses," Fortaleza explained.
Instead of delivering its promised low power rates, WESM was found riddled with price manipulations during its first three months of operation consequently increasing the generation rates by about P1/kWh.
"ADB has left our country little breathing room, if at all, in our own affairs. Its suggested policies for reforms are tainted with its own interests alone. We demand that it leave the country, cease meddling in our affairs and cancel illegitimate debts from onerous power projects such as IPP contracts. The suffering must stop now," Fortaleza suggested.
"The ADB has the gall to claim it is owned by its member countries, and that it works towards improving the welfare of their people. But mere common sense dictates that the increases it imposes in support of big businesses and profiteers are unjust to a people who live in substandard conditions. This callousness must be made known, and their loathsome propensity for gains at the expense of everything else must be stopped," the FDC officer said.
Aptly, as ADB and government officials proceed to Kyoto, Japan this coming May 6 for the 40th ADB Annual Governors Meeting, FDC said that anti-debt and anti-privatization advocacy groups will make sure that the Filipino peoples' protests against ADB's power privatization program will resound persistently until it deafens and earns due attention and regard.
- Freedom from Debt Coalition
Apr 30, 2007
Women’s Rights NGO calls on Candidates to Uphold Women’s Rights
"Congressional and local electoral candidates when elected into government posts must uphold women's rights as protected by the Convention on the Elimination of All Forms of Discrimination against Women (Women's Convention)," says Atty. Clara Rita A. Padilla, Executive Director of EnGendeRights. She adds, "They must take their stand to protect women's access to the full range of contraceptive methods including emergency contraception, access to safe and legal abortion, sexuality education for adolescents, skills and education for women in prostitution, legalization of divorce, repeal of discriminatory Muslim Code provisions and lesbian rights."
These concerns except for lesbian rights were included in the United Nations Committee on Elimination of Discrimination against Women (CEDAW) Concluding Comments during its 36th Session in August 2006. CEDAW monitors the implementation of the Women's Convention by the Philippine government.
"When elected into office they must provide access to the full range of contraceptive methods in an effort to prevent unintended pregnancy, abortion and maternal mortality and morbidity. They must take a stand in opposing bills restricting access to medically safe methods of contraception such as emergency contraceptive pills, Depo Provera, and IUDs," Atty. Padilla added.
"Congressional representatives should file bills that uphold women's rights including bills on Reproductive Health Care, Anti-Discrimination against Sexual Orientation; repeal of the penalty imposed on women who induce abortion and those assisting them as means to decrease maternal mortality and morbidity related to complications from unsafe abortion; improvement of the implementation of the Policy on Prevention and Management of Abortion Complications; implementation of sexuality education in schools for adolescents; and legalization of divorce," says Atty. Padilla.
In the House of Representatives, staunch supporters of reproductive health and rights in the past were Nereus Acosta (whose sister Malou Acosta is now running), Benjamin Agarao, Jr., Mayong Aguja (Akbayan), Darlene Antonino-Custodio, Agapito Aquino, Risa Hontiveros-Baraquel (Akbayan), Liza Largoza-Maza (Gabriela Women's Party), Renato Magtubo (Partido ng Manggagawa), Satur Ocampo (Bayan Muna), Gilbert Remulla, Loretta Ann Rosales (Akbayan), Rolex T. Suplico, Lorenzo R. Tañada III, and Ronaldo B. Zamora.
Atty. Padilla said, "Government officials should follow the lead of local government officials such as Governor Bellaflor Angara-Castillo of Aurora and Governor Glenn Prudenciano of Ifugao who have spearheaded the enactment of ordinances such as "The Aurora Reproductive Health Care Code of 2005" (Provincial Ordinance No. 125 (2005)) supporting increased reproductive health care services, including mandatory sexuality education, responsible parenthood counseling and "Reproductive Health and Responsible Parenthood Ordinance of Ifugao" (Ordinance 2006-33), respectively."
"We cannot have government officials who use their religious beliefs in governance. Clearly, Gloria Macapagal-Arroyo has wielded her influence in the Department of Health and the Population Commission in vigorously campaigning for the so-called "natural family planning" (NFP) method as a means of courting the religious right," said Atty. Padilla.
Atty. Padilla cautioned against several local officials who used their administrative powers to completely prohibit the delivery of modern methods of contraceptives and to promote natural family planning. She says, "In recent years, policies banning all "artificial" birth control methods, including condoms, pills, intra-uterine devices and sterilization, were introduced in Laguna, Manila City, and Puerto Princesa in 1995, 2000 and 2001 respectively. The policies introduced in Laguna and Puerto Princesa have since been overturned by subsequent local administrations, but the Manila City Policy still prevails."
In Makati, pregnant adolescents are denied access to free medical services through an erroneous assumption of Mayor Jejomar Binay that such policy will "discourage the incidence of teenage pregnancies." Atty. Padilla says, "This policy clearly discriminates against adolescents' right to access reproductive services and unnecessarily puts them at risk."
"Another glaring example is the continued conduct of congressional hearings in the 13th Congress on bills filed by blatantly religious party-list groups such as Buhay party-list that aim to prohibit safe and effective methods of contraception including IUDS and emergency contraceptive pills and even increase the penalty for women who induce abortion all stemming from their religious beliefs," Atty. Padilla continued.
Atty. Padilla says, "We also have the problem of continued arrests by police of abortion service providers and sellers of the medical abortion pill Cytotec. Television crews, who do not understand the issues of women relating to abortion and who are mainly concerned with raising their viewership for purposes of sensationalism, instigated these arrests."
"Such religious stances have no place in governance. These stances disregard women's realities where half of all pregnancies of Filipino women are unintended and about 200 Filipino women die from maternal-related causes out of every 100,000 live births," says Atty. Padilla citing the UNFPA 2006 State of the World Population report. Nine in 10 women who induce abortion are married or in a consensual union, more than half have at least 3 children, roughly two-thirds are poor and nearly 90% are Catholic; about 800 women die every year (or two women die every day) due to complications resulting from unsafe abortion; approximately 473,000 women had abortions and an estimated 79,000 women were hospitalized for complications due to unsafe abortion in 2000 (Singh S et al., Unintended Pregnancy and Induced Abortion in the Philippines: Causes and Consequences, New York: Guttmacher Institute, 2006, at 4). Such stances endanger women's lives and health violating women's basic right to life and health.
The constitutional provision protecting the life of woman and the unborn from conception allows access to information and services to contraception and even abortion. Chile and Peru have the same constitutional protection of the life of the woman and the unborn from conception and they allow access to emergency contraceptive pills. In Argentina and Belgium, emergency contraceptive pills are available without prescription. Spain, upon whose old Penal Code the Philippine Revised Penal Code penalty imposed on the woman who induced abortion was adopted, allows abortion on grounds of rape and fetal impairment leaving the Philippines to contend with its colonial laws. Belgium, France and Italy allow abortion on demand. Colombia allows abortion on grounds of danger to life and health, rape and fetal malformation incompatible with life outside the uterus. Last April 24, Mexico City legalized abortion in the first trimester without restriction.
All the above-mentioned predominantly Catholic countries belie the claim that restricting access to contraception and even safe and legal abortion in the Philippines is a matter of practice of the Catholic religion. It is simply ignorance of medicine, science and law and clinging to our colonial past.
Catholic women around the world--including more than 60 percent of Catholic women in Trinidad, Tobago and Botswana, and 28 percent in the Philippines--have used contraceptive methods, showing that Catholic women exercise freedom of conscience.
It is the obligation of the Philippine government as cited in the recent CEDAW Concluding Comments on the Philippines to "strengthen measures aimed at the prevention of unwanted pregnancies, including by making a comprehensive range of contraceptives more widely available and without any restriction"; "give priority attention to the situation of adolescents and that it provide sex education, targeted at girls and boys, with special attention to the prevention of early pregnancies and sexually transmitted diseases."
CEDAW urged the Philippines "to consider the problem of unsafe abortion as a matter of high priority. The Committee recommends that the State party consider reviewing the laws relating to abortion with a view to removing punitive provisions imposed on women who undergo abortion and provide them with access to quality services for the management of complications arising from unsafe abortions and to reduce women's maternal mortality rates."
"Elected officials must realize that our very own Constitution states that, 'Sovereignty resides in the people and all government authority emanates from them.' Elected officials must be reminded that they are mere representatives of the Filipino people and that their obligation is to the Filipino people and not to themselves," said Atty. Padilla.
"Elected officials must respect plurality in our society. They should allow access to information and health care services and give primary importance to a person's right to reproductive self-determination. Fundamentalist public officials who restrict access to information and health care services do not deserve any place in governance," Atty. Padilla added.
Apr 23, 2007
Consumers decry P1.73/kwh rates increase, call for cancellation of onerous IPP contracts
Members of Freedom from Debt Coalition (FDC) staged a picket today in front of the Energy Regulatory Commission office to protest the impending P1.73/kwh increase in their power rates due to recoveries applied for by Meralco at the Commission.
Meralco has filed two petitions at the ERC asking for collection of its "under-recoveries" in generation costs and system loss charges for the months of December 2006 and January 2007. So far, this is second highest power rate hike petition since 2004, when Napocor appealed for a P2/kwh increase in its generation charges. The ERC only approved P1.03/kwh.
The coalition noted that the recoveries for December 2006 alone would mean about P1.11/kWh increase in Meralco consumer's electricity bill once this is approved by the ERC. The increase resulting from two applications of Meralco will actually be higher than P1.73/kwh because Meralco also wanted to impose a carrying cost or interest equivalent to 91-day T-bill rates plus 300 points for the delay in the implementation of new charges and also because VAT would be imposed on the increase in generation rate and systems loss charges.
"The consumers had enough of these increases. We cannot take any more unjust increases. We are already charged about P9/kwh to P9.50/kwh for our electricity," said FDC Vice President Wilson Fortaleza.
"We continue to suffer because of paying for the overpriced contracted electricity from the IPPs even when this is actually not fully generated. It is unjust and immoral to be made to pay for electricity that one did not use, and which is not available in the first place,"
FDC demanded that the government must make a decisive step towards reducing electricity rates. This can be done by either canceling the onerous IPP contracts or change its onerous terms such as the take-or-pay and the fuel guarantees. The coalition demanded further that VAT on power should be lifted to provide relief for electricity consumers.
Apr 19, 2007
STOP THE WAR IN MINDANAO
Proof of MNLF coddling JI and ASG must be presented; US Troops Out
As hostilities between the Philippine military and the Moro National
Liberation front escalate in Mindanao, we from the Stop the War
Coalition - Philippines, a broad coalition of social movements,
NGOs, and other organizations, join the call for an immediate
ceasefire, a return to the negotiating table, and full, substantive,
and meaningful self-determination for the Moros, indigenous, and
other oppressed peoples in Mindanao.
We demand convincing and unequivocal proof behind the government's
reason for its military offensive – i.e. that the Moro National
Liberation Front is coddling 'terrorists.' We reject the manipulative
use of the threat of 'terrorism' against the Moro people and we
reject military solutions to address the said threat.
We demand the immediate withdrawal of the US troops who have been
permanently stationed in Mindanao since 2002 and we demand that they
play absolutely no role whatsoever – whether in providing
intelligence or assisting in operations – in the ongoing conflict.
We call for justice for all those who have been killed, tortured, or
detained and we demand accountability and punishment for all
perpetrators.
We demand relief and rehabilitation for all those who have been
displaced by the war, protection for all civilians, and compensation
for all those who have been affected.
We call on the media to report on the war fairly and accurately. We
demand that journalists refrain from being the mouthpiece of the
military and we demand that they should have the courage to challenge
and verify the military's claims.
We call for the full implementation of the peace agreements and we
call for the expulsion of hawks in the military and in the government
who have been working to undermine it. We demand the immediate
release of Nur Misuari who has been illegally detained for five years
without any trial.
We stand in solidarity with all those who stand for lasting peace and
genuine self-determination.
Stop the War Coalition-Philippines
17 April 2007
Members:
Alliance of Genuine Labor Organizations (AGLO)
AKBAYAN!
Akbayan! Youth
Alab Katipunan
Alliance of Progressive Labor (APL)
ALMANA
ALYANSA!
Anak Mindanao Party (AMIN)
APPRA
ASAP
ASSALAM Bangsamoro
ASSALAM Party
Bagong Kamalayan Collective, Inc
Bangsamoro People's Solidarity
Billah Islam
BISIG-Youth
Bukluran ng Manggagawang Pilipino (BMP)
Coalition Against Trafficking of Women Asia Pacific (CATW-AP)
Filipino Democratic Movement (FilDem)
Focus on the Global South
Freedom from Debt Coalition (FDC)
Gathering for Peace
Institute for Popular Democracy (IPD)
International South Group Network (ISGN)
Juan Makata
Justice, Peace and Integrity of Creation Commission – Association of
Major Religious Superiors in the Philippines
K! Kalayaan NCR-BLC
KAAKBAY AFDM
Kagan People's Forum – Mindanao
KAISA KA
KALAYAAN
KANLUNGAN
Kilusan para sa Pambansang Demokrasya
KOMPAK
Laban ng Masa (LnM)
League of Urban Poor for Action
Liga Manggagawa
MAKABAYAN Pilipinas
Movement for Student Power (MASP)
PANGISDA
Partido Manggagawa
People's Task Force for Bases Clean UP Philippines
Philippine Rural Reconstruction Movement
Philippine Peace and Security Council
Pambansang Kaisahan ng Magbubukid sa Pilipinas (PKMP)
PKSK
Progressive Organization of Worker Advocates (PRO-WORKER)
Resource Center for People's Development (RCPD)
Samahan ng Demokratikong Kabataan (SDK)
SANLAKAS
Solidarity of Unions and Labor Organizations for a New Government
(SULONG)
Task Force Subic Rape
Teatrong Bayan
TW-MAE-W
UP ALYANSA
UP Assabiyah
UP-IIS
Women and Gender Commission AMRSP
Women and Gender Institute
Women's Legal Bureau, Inc
YES to Change!
Young Moro Professionals Network
Youth for Nationalism and Democracy (YND)
ENDORSED BY (as of 18 April 2007):
Asian Women Human Rights Council- Philippines
Balay Rehabilitation Center
CONZARRD Inc.
GZO Peace Institute
Jihad-al-Akbar Org
Lolas Kampanyera Comfort Women Survivors Group
Mindanao Solidarity Network
Wedpro Inc.
Xaverian Missionaries
(Individuals)
Fr. Archie Casey SX
Lennard Daoud P Tan
Sheila May Tan
As hostilities between the Philippine military and the Moro National
Liberation front escalate in Mindanao, we from the Stop the War
Coalition - Philippines, a broad coalition of social movements,
NGOs, and other organizations, join the call for an immediate
ceasefire, a return to the negotiating table, and full, substantive,
and meaningful self-determination for the Moros, indigenous, and
other oppressed peoples in Mindanao.
We demand convincing and unequivocal proof behind the government's
reason for its military offensive – i.e. that the Moro National
Liberation Front is coddling 'terrorists.' We reject the manipulative
use of the threat of 'terrorism' against the Moro people and we
reject military solutions to address the said threat.
We demand the immediate withdrawal of the US troops who have been
permanently stationed in Mindanao since 2002 and we demand that they
play absolutely no role whatsoever – whether in providing
intelligence or assisting in operations – in the ongoing conflict.
We call for justice for all those who have been killed, tortured, or
detained and we demand accountability and punishment for all
perpetrators.
We demand relief and rehabilitation for all those who have been
displaced by the war, protection for all civilians, and compensation
for all those who have been affected.
We call on the media to report on the war fairly and accurately. We
demand that journalists refrain from being the mouthpiece of the
military and we demand that they should have the courage to challenge
and verify the military's claims.
We call for the full implementation of the peace agreements and we
call for the expulsion of hawks in the military and in the government
who have been working to undermine it. We demand the immediate
release of Nur Misuari who has been illegally detained for five years
without any trial.
We stand in solidarity with all those who stand for lasting peace and
genuine self-determination.
Stop the War Coalition-Philippines
17 April 2007
Members:
Alliance of Genuine Labor Organizations (AGLO)
AKBAYAN!
Akbayan! Youth
Alab Katipunan
Alliance of Progressive Labor (APL)
ALMANA
ALYANSA!
Anak Mindanao Party (AMIN)
APPRA
ASAP
ASSALAM Bangsamoro
ASSALAM Party
Bagong Kamalayan Collective, Inc
Bangsamoro People's Solidarity
Billah Islam
BISIG-Youth
Bukluran ng Manggagawang Pilipino (BMP)
Coalition Against Trafficking of Women Asia Pacific (CATW-AP)
Filipino Democratic Movement (FilDem)
Focus on the Global South
Freedom from Debt Coalition (FDC)
Gathering for Peace
Institute for Popular Democracy (IPD)
International South Group Network (ISGN)
Juan Makata
Justice, Peace and Integrity of Creation Commission – Association of
Major Religious Superiors in the Philippines
K! Kalayaan NCR-BLC
KAAKBAY AFDM
Kagan People's Forum – Mindanao
KAISA KA
KALAYAAN
KANLUNGAN
Kilusan para sa Pambansang Demokrasya
KOMPAK
Laban ng Masa (LnM)
League of Urban Poor for Action
Liga Manggagawa
MAKABAYAN Pilipinas
Movement for Student Power (MASP)
PANGISDA
Partido Manggagawa
People's Task Force for Bases Clean UP Philippines
Philippine Rural Reconstruction Movement
Philippine Peace and Security Council
Pambansang Kaisahan ng Magbubukid sa Pilipinas (PKMP)
PKSK
Progressive Organization of Worker Advocates (PRO-WORKER)
Resource Center for People's Development (RCPD)
Samahan ng Demokratikong Kabataan (SDK)
SANLAKAS
Solidarity of Unions and Labor Organizations for a New Government
(SULONG)
Task Force Subic Rape
Teatrong Bayan
TW-MAE-W
UP ALYANSA
UP Assabiyah
UP-IIS
Women and Gender Commission AMRSP
Women and Gender Institute
Women's Legal Bureau, Inc
YES to Change!
Young Moro Professionals Network
Youth for Nationalism and Democracy (YND)
ENDORSED BY (as of 18 April 2007):
Asian Women Human Rights Council- Philippines
Balay Rehabilitation Center
CONZARRD Inc.
GZO Peace Institute
Jihad-al-Akbar Org
Lolas Kampanyera Comfort Women Survivors Group
Mindanao Solidarity Network
Wedpro Inc.
Xaverian Missionaries
(Individuals)
Fr. Archie Casey SX
Lennard Daoud P Tan
Sheila May Tan
Mar 23, 2007
Challenge to the Electoral Candidates: lasting power rates reduction!
While the latest petition of the National Power Corporation (NPC) to reduce its generation charge due to appreciation of the peso was welcome news, a greater challenge on how to address the high power rates in the country is still being posed not only to NPC, but to the present administration as well as to all electoral candidates, particularly the senatoriables and House Representatives.
If the administration of Gloria Arroyo together with her senatorial candidates thought they have already earned "pogi" points after gaining media mileage in the power rates reduction of Meralco last month, they are wrong. The announcement could only temporarily appease the electricity consumers as they continue to pay relatively high electricity bill, eating a huge amount in their monthly budget. Consumers are feeling the crunch of paying high for electricity especially since enrolment for next school year starts again one month from now. As long as this administration does not bother to address the fundamental question on how to reduce the high cost of electricity, consumers will remain edgy and will continue to hold the administration responsible for their sorry plight.
The Freedom from Debt Coalition believes there are five reasons why power rates are high which the Arroyo administration and all candidates running for higher positions in the land ought to address.
First, the continuous payments to expensive contracts with independent power producers even when they are grossly burdensome contribute largely to rising electricity prices. Purchased power, fuel and currency exchange rate costs that NPC and distribution utilities like Meralco pay to their IPPs are being recovered from the electricity consumers through the generation rate adjustment mechanism (GRAM) and incremental currency exchange rate adjustment (ICERA). These charges are tucked in the generation charge item which account for about fiftty per cent of the total electricity bill.
Second, the aggressive drive to privatize NPC had resulted in an increase of P1.00/kwh in its generation rates in 2004-2005 allegedly to meet the so-called true cost of electricity. Such increase was just half of the P2.00/kwh generation rate increase that NPC asked for. This was apparently to attract more investors to buy NPC plants.
Third, abuses such as overpricing/overcharging and collection of costs that should not be borne by the consumers by some private distribution utilities as well as of some electric cooperatives also lead to increase in price of electricity.
Fourth, the Arroyo administration's measure to impose the 12% value added tax (VAT) on electricity has resulted in increase in the electricity bill by as much as P200 monthly for consumers with 210-290 kilowatt hour consumption.
And last, the stance adopted by the the Energy Regulatory Commission (ERC) aggravates the burden of consumers who are taken advantage of by the power utilities. The ERC should act in the interest of the greater public, and not of a few elites.
Consumers will be watching out the platform and promises of the candidates with regard to power rates. We all want lasting solution to high power rates... not temporary palliatives!
- Freedom from Debt Coalition
If the administration of Gloria Arroyo together with her senatorial candidates thought they have already earned "pogi" points after gaining media mileage in the power rates reduction of Meralco last month, they are wrong. The announcement could only temporarily appease the electricity consumers as they continue to pay relatively high electricity bill, eating a huge amount in their monthly budget. Consumers are feeling the crunch of paying high for electricity especially since enrolment for next school year starts again one month from now. As long as this administration does not bother to address the fundamental question on how to reduce the high cost of electricity, consumers will remain edgy and will continue to hold the administration responsible for their sorry plight.
The Freedom from Debt Coalition believes there are five reasons why power rates are high which the Arroyo administration and all candidates running for higher positions in the land ought to address.
First, the continuous payments to expensive contracts with independent power producers even when they are grossly burdensome contribute largely to rising electricity prices. Purchased power, fuel and currency exchange rate costs that NPC and distribution utilities like Meralco pay to their IPPs are being recovered from the electricity consumers through the generation rate adjustment mechanism (GRAM) and incremental currency exchange rate adjustment (ICERA). These charges are tucked in the generation charge item which account for about fiftty per cent of the total electricity bill.
Second, the aggressive drive to privatize NPC had resulted in an increase of P1.00/kwh in its generation rates in 2004-2005 allegedly to meet the so-called true cost of electricity. Such increase was just half of the P2.00/kwh generation rate increase that NPC asked for. This was apparently to attract more investors to buy NPC plants.
Third, abuses such as overpricing/overcharging and collection of costs that should not be borne by the consumers by some private distribution utilities as well as of some electric cooperatives also lead to increase in price of electricity.
Fourth, the Arroyo administration's measure to impose the 12% value added tax (VAT) on electricity has resulted in increase in the electricity bill by as much as P200 monthly for consumers with 210-290 kilowatt hour consumption.
And last, the stance adopted by the the Energy Regulatory Commission (ERC) aggravates the burden of consumers who are taken advantage of by the power utilities. The ERC should act in the interest of the greater public, and not of a few elites.
Consumers will be watching out the platform and promises of the candidates with regard to power rates. We all want lasting solution to high power rates... not temporary palliatives!
- Freedom from Debt Coalition
Farmers hail installation in Hacienda Velez-Malaga, say it was a victory for all defenders of land right
After 10 years of struggle and a series of failed promises, the 122 farmer-beneficiaries of the contentious Hacienda Velez-Malaga in Barangay Robles, La Castellana, Negros Occidental were finally installed in the land awarded to them five years ago under the Comprehensive Agrarian Reform Program (CARP).
Gerry Cahilig, a CLOA holder, said Department of Agrarian Reform Secretary Nasser Pangandaman had declared them installed in 114 hectares covered by their collective certificate of land ownership award (CLOA).
The installation was secured by some 300 elements of both the police Regional Mobile Group (RMG) and the 11th Infantry Battalion of the Philippines Army.
Some 30 hard core supporters of former landowner Roberto J. Cuenca were reported arrested by the RMG for throwing rocks at police vehicles, but otherwise no untoward incident was reported.
"The installation was well supervised and under complete control by Secretary Pangandaman," Cahilig said.
Pangandaman made a surprise move to install after he was reportedly ordered by President Arroyo during the cabinet meeting last Wednesday to proceed with the installation.
Farmers on hunger strike in front of the Department of Agrarian Reform (DAR) in Quezon City hailed the installation and thanked President Arroyo for responding to their plea for installation.
Gregorio Paclibar, 71, one of the hunger strikers and president of Hacienda Velez-Malaga Agrarian Reform Beneficiaries Organization (HAVEMARBO), said the installation was a victory not only of Velez-Malaga farmers but of all those who fight for and defend the right of the poor to own land.
"The installation would not have been possible without the determined sacrifice of the farmer-beneficiaries and the support given by multi-sector groups, including peasant advocates, religious groups, solidarity networks, and the government through President Arroyo," he said.
Paclibar added: "There is no victory without unity, determination, and sacrifice. This victory is for all."
Paclibar said they will formally announce the lifting of their hunger strike when the installation is declared completely successful and secured.
"We have started to eat lugaw (gruel). We want to hear that the farmer-beneficiaries out there in the hacienda are fully secured. If our land is put in danger again, we are ready to make more sacrifice," he said.
Jose Rodito Angeles, president of the peasant federation Task Force Mapalad (TFM), said he was told that a community precinct to be manned by police and military would set up inside the hacienda.
- Task Force Mapalad
Mar 8, 2007
Bread and Roses: Women Workers and Prostitution Survivors Call for an End to Militarism and Sexual Violence
International Women's Day Press Statement
Three days after President Gloria Arroyo signed the Anti-Terror Bill into law, women's groups led by workers and prostitution victims-survivors echoed the call of the first Russian feminists who called for bread and peace in 1917, when women started to mark March 8 as International Women's Day.
In a march-rally to Mendiola, organized by the Women's Committee of the Alliance of Progressive Labor (APL) as well as by victims and advocates of prostitution from the Coalition Against Trafficking in Women – Asia Pacific (CATW-AP), speakers denounced the passage of the Human Security Act and the continuing Balikatan exercises as "grave acts of pimping by the Arroyo government of our country and women, for the US."
Marlene Sindayen, spokesperson of APL-Women, said that the Human Security Act (HSA), clearly patterned after its American version, will trample upon civil liberties that people fought so hard to restore after the Marcos dictatorship. "This government continues to welcome US troops through Balikatan exercises even as it has facilitated the transfer of custody to the US Embassy of serviceman Daniel Smith who was convicted of raping a Filipina. Our country and the Filipino women are being prostituted by our own government in exchange for continued patronage," according to Sindayen.
A total of 390 American servicemen will participate in this year's Balikatan. According to earlier reports, around 5,000 American troops participated in past Balikatan war games. Balikatan 2007, the 23rd in this series, is conducted under the auspices of the Mutual Defense Treaty (MDT) and Visiting Forces Agreement (VFA).
Field trainings had originally been planned for this year's exercises in Capas, Tarlac and in Laur, Nueva Ecija. However, the
"Prostitution and rape of Filipino women and children increased once again after the signing of the VFA in 1998," stated Jean Enriquez, Executive Director of CATW-AP. Citing statistics that prostitution during the presence of the
"Now, we are counting around 11,000 women in prostitution in just the two cities, and they keep getting younger women[3]. We haven't even included those abused in Cebu, Gen. Santos, Zamboanga and numerous other cities where the
Mylene Aniola, a survivor of prostitution and leader of Bagong Kamalayan Collective, Inc. (BKCI) testified that her own mother has been recruited for prostitution in
In its statement, the labor center averred that prostitution is not work, but violence against women. APL asserted that it is the government's duty to ensure the provision of full employment to women and all citizens.
Then in 1917 and now, women workers (commemorating those who died in
[1] Data from BUKLOD, survivors' group based in
[2] Ibid
[3] Ibid
Mar 1, 2007
Consumers cry for bigger rates reduction, call for cancellation of onerous IPP contracts
The Freedom from Debt Coalition (FDC) welcome the recent decision of the
Energy Regulatory Commission (ERC) ordering the National Power Corporation
to provisionally reduce its rates by 4.3 centavos for Luzon, 31.51
centavos for Visayas, 0.45 centavos for Mindanao following the
strengthening of peso against the dollar. But it cries for higher
reduction in the electricity rates.
We view these reductions as short-lived as they depended on the
peso-dollar exchange rates which fluctuate constantly. The strengthening
of peso is thus far not sustainable. The reductions only have
"deodorizing effect" to the continually high power rates in our country
for so many years now since the government admitted that it continues to
charge the electricity consumers for the purchased electricity from the
independent power producers even when this is not generated nor delivered.
The consumers are made to pay for this before through the purchased power
adjustment (PPA) and now through the cost recovery mechanism called the
generation rate adjustment mechanism and the incremental currency exchange
rate adjustment (ICERA) under which NPC regularly applies for rates
adjustment at the ERC.
GRAM includes the incremental fuel and the power purchased cost of
generation charge to the Independent Power Producer (IPP) while ICERA
includes the foreign currency exchange rate fluctuations. Both
applications were filed by NPC last year and provisionally approved last
Tuesday, but still subject for a public hearing per decision of ERC.
We stress that for as long as the government continues to legitimize the
onerous and anomalous IPP contracts, any reduction is palliative.
Ultimately, the consumer will always be burdened by the huge amount of
guarantees which includes the take-or-pay provision, fuel cost and
exchange rate fluctuations.
The consumers have suffered enough from high electricity rates. We want
lower electricity rates. Cancel the onerous IPP contracts.
Energy Regulatory Commission (ERC) ordering the National Power Corporation
to provisionally reduce its rates by 4.3 centavos for Luzon, 31.51
centavos for Visayas, 0.45 centavos for Mindanao following the
strengthening of peso against the dollar. But it cries for higher
reduction in the electricity rates.
We view these reductions as short-lived as they depended on the
peso-dollar exchange rates which fluctuate constantly. The strengthening
of peso is thus far not sustainable. The reductions only have
"deodorizing effect" to the continually high power rates in our country
for so many years now since the government admitted that it continues to
charge the electricity consumers for the purchased electricity from the
independent power producers even when this is not generated nor delivered.
The consumers are made to pay for this before through the purchased power
adjustment (PPA) and now through the cost recovery mechanism called the
generation rate adjustment mechanism and the incremental currency exchange
rate adjustment (ICERA) under which NPC regularly applies for rates
adjustment at the ERC.
GRAM includes the incremental fuel and the power purchased cost of
generation charge to the Independent Power Producer (IPP) while ICERA
includes the foreign currency exchange rate fluctuations. Both
applications were filed by NPC last year and provisionally approved last
Tuesday, but still subject for a public hearing per decision of ERC.
We stress that for as long as the government continues to legitimize the
onerous and anomalous IPP contracts, any reduction is palliative.
Ultimately, the consumer will always be burdened by the huge amount of
guarantees which includes the take-or-pay provision, fuel cost and
exchange rate fluctuations.
The consumers have suffered enough from high electricity rates. We want
lower electricity rates. Cancel the onerous IPP contracts.
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