Don’t Lower Minimum Age of Criminal Responsibility

By admin | June 7, 2012

On June 4, 2012, Monday, the House of Representatives passed on third reading House Bill 6052 which seeks to amend RA9344 or the Juvenile Justice and Welfare Act of 2006. Kabataan Partylist Representative Raymond Palatino was one of the 9 legislators who opposed the measure which would lower the minimum age for criminal responsibility from 15 to 12. Last May 21, Palatino rose to interpellate the sponsor of the bill in the plenary session. Below is Palatino’s statement after the voting.

I vote ‘NO’ to HB 6052 since it neither strengthens the country’s juvenile justice system nor it promotes the welfare of children and young people. In fact, it undermines efforts to build a child-friendly justice system by lowering the minimum age of criminal responsibility from 15 to 12. A grade six student who violated the law needs intervention in a rehabilitation center. The child should not be treated like an adult offender.

The sponsor of the bill cites news and anecdotal reports of the various heinous crimes allegedly committed by children to justify the proposal to lower the minimum age of criminal responsibility. Criminal gangs and syndicates are reportedly hiring minors in order to avoid arrest and prosecution. The logical solution is to run after the gangs and prevent them from exploiting children. It requires efficient police work. But since we are unable to catch the adult masterminds and other underworld untouchables, we prefer instead to focus our righteous indignation against children (they are called youthful offenders in the bill, a Marcos-era term which was already discarded in the Juvenile Justice and Welfare Act of 2006 because it unjustly reinforces negative attitude towards children). Unfortunately, children are seen as easy and naïve targets whose arrest and detention can be used to enhance police image.

The sponsor blames the law for the surge in crimes allegedly committed by children in the past six years. But police statistics show that only 2.86 percent of total crime index is related to children. Therefore, it’s unfair to blame children for the breakdown of peace and order in some parts of the country. Then and now, we live in an adult-controlled society which is why children must be seen as victims, and not conscious perpetrators, of criminality.

It must be emphasized that the law doesn’t absolve children who committed crimes. The accused, even if he is a minor, still has to face civil liability if found guilty by the courts and his sentence is merely suspended until he reached the age of 18. What the law requires is the placing of children in rehabilitation centers instead of lumping them with hardened criminals in regular prison cells.

Instead of amending a six-year old law, we should review and ask if it’s being properly implemented by local and law enforcement authorities. Section 15 mandates the creation of Local Councils for the Protection of Children (LCPC) in all levels of government and their funding is to be sourced from the 1 percent of the Internal Revenue Allotment of barangays, cities, and municipalities. The LCPC is in charge of monitoring the juvenileintervention program at the local and community level. How many LCPCs are existing today?

Do we have sufficient youth detention homes in the country? How many youth rehabilitation centers and youth detention facilities are actually serving the needs of the young today? What is the status of intervention programs in community centers, agricultural camps and training facilities? How much was allotted for the operations of the Juvenile Justice and Welfare Council (JJWC)?

These are the questions and issues we must first tackle and resolve before quickly jumping into conclusion that the prescribed minimum age of criminal responsibility is responsible for the surge of criminality in the country.

According to JJWC, there are only 30 youth detention facilities in the country. There are 3 provincial youth homes, 34 at the city level, and 32 at the municipality level. There are 12 youth homes managed by NGOs. As of February 2012, there are 440 children who are detained in adult prisons because of the lack of youth reformatory institutions. Meanwhile, the national government has neglected to provide funds to the JJWC despite the latter’s crucial mission to uphold restorative justice in the country.

It is clear from the foregoing that we have been remiss in implementing the pertinent provisions of the law. Furthermore, we failed to adopt key measures that would have prevented or discouraged the youth from being involved in criminal or anti-social activities. Yet we choose to highlight or sensationalize a few cases of crimes committed by children to justify the premodern practice of locking up children in prison cells.

Theft is the top crime committed by children based on police records. Theft is a poverty crime. Children steal because they need to eat and survive. The challenge is to stop children from stealing and the best approach is to ensure that we are able to provide them with basic social services. Give them proper education, housing, food, clothing, and emotional support to shield them from the world of crime. Prevent child abuse in families to boost the moral and psychological health of children.

But it seems we are too fixated with the idea of children criminals lurking somewhere in the neighborhood and secretly plotting their next evil act against our families that we failed to see the epic failure of the state to respect the essential human rights of our children. Perhaps we exaggerated the threat of ‘youthful offenders’ to hide the crimes of the Philippine state against the Filipino children. We desire and demand the punishment of children criminals but what about the punishment for the direct and indirect perpetrators of crimes against children?

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Posted in youth | Tagged | 7 Comments

K12 ng Kabataan

By admin | June 2, 2012

Talumpating binigkas sa assembly ng SK Mindanao sa Davao.

Mahalaga ang letrang K o Ka sa ating kasaysayan, partikular sa pagbubuo ng bansa at pagsasabuhay sa diwa ng nasyonalismo. Mula KKK nina Bonifacio, ginamit ang simbolo ng baybaying Ka upang isalarawan ang rebolusyonaryong hangarin ng mamamayan. Ngayon ang sikat na K ay may kinalaman sa programa ng DepEd: ito ang K-to-12. Pero kontrobersiyal ang programang ito at maaari pa ngang magpahamak sa edukasyon ng bansa kung hindi tutugunan ng pamahalaan ang mga rekisitos na kailangan para ito’y magtagumpay. Bukod pa dito’y hindi pa lubusang nasasagot ang tanong kung ito ba ang pinakamainam na solusyon sa dambuhalang krisis na bumabalot sa sistema ng edukasyon.

Bilang mag-aaral at kabataan, dapat kalahok kayo sa debate ukol sa K-12. Kayo ang maging boses ng kasunod na henerasyon na tiyak apektado ng programang ito.

Iwanan natin pansamantala ang K-12 ng DepEd dahil may ibang K12 na nais kong talakayin ngayong hapon. Dahil kaharap ko ngayon ang mga lider-kabataan ng bansa, may mungkahi akong labingdalawang K o K12 na sa tingin ko’y dapat taglayin o abutin ng ating mga kabataan. Anu-ano ang mga K12 na ito?

1. Karunungan. Kaisipan. Kaliwanagan ng pag-iisip. Hindi ito nakukuha sa pagpasok sa pamantasan at minsan ang pormal na pag-aaral ay nagiging hadlang pa nga upang pumanig tayo sa katotohanan. Ang susi sa karunungan ay dapat may bukas tayong pag-iisip. Handang subukin ang mga bagong ideya o teorya. Ang kritikal at matalas na pag-iisip ay tanda ng maayos na kalusugan.

2. Kilos. Kapasyahan. Kasipagan. Kusa. Walang saysay ang katalinuhan kung walang aksiyon. Dapat laging mapagpasya, may kahandaan at inisyatiba sa lahat ng bagay. Sipag hindi lamang sa trabaho kundi sa pag-abot sa ating mga minimithing adhikain sa buhay. Kung walang pagkilos ng kabataan, mabagal din ang pag-usbong ng bago o maaaring manatili ang bulok na luma.

3. Katapatan. Kalinisan. Kabutihang-loob. Mag-ipon ng kagandahang-asal, hindi materyal na bagay; ito ang sukatan ng tunay na kayamanan. Pero huwag sanang dumulo ito sa mababaw na moralidad. Katapatan sa ating sinumpaang tungkulin. Kalinisan ng budhi at konsiyensiya. Kabutihan na may kinalaman sa pagtalima sa piniling prinsipyo sa buhay. Buhay na inalay sa isang dakilang misyon.

4. Komunikasyon. Epektibong propagandista ang bata; may sariwang perspektiba, edukadong opinyon na tiyak gagalangin ng iba. Mapalad ang inyong henerasyon dahil nariyan ang iba’t ibang teknolohiya na pinapabilis ang komunikasyon at palitan ng impormasyon. Pero kapag sobra-sobra na ang daloy o buhos ng datos, lalo na ng maling kaisipan at mga walang katuturang detalye, dapat tumulong tayo para ang mangibabaw ay katotohanan at kaliwanagan. Mag-usap, magchat, maging aktibo sa social network nang hindi nawawala sa isip ang motibong mag-ambag sa pagpapatibay ng ating pagkatao. Komunikasyon para sa kabutihan ng tao.

5. Karapatan: Kasuotan, Kabahayan, Kabuhayan, Kapayapaan, Katarungan, Kalayaan. Krusada para sa pagbabago. Kampanya para sa mga batayang pangangailangan ng tao sa buhay at mga kongkretong kagustuhan na magpapaunlad sa kalidad ng pamumuhay. Hindi sapat na may pagkain, dapat may dignidad din. Trabaho na may dangal. Walang silbi ang mansiyon sa isang lipunang walang kalayaan, demokrasya, at pagkapantay-pantay. Kapayapaan batay sa katarungang panlipunan.

6. Katapangan. Kagitingan. Kabayanihan. Hindi tayo kapos sa halimbawa: Propaganda. La Liga Filipina. KKK. Mga kabataang lumaban noong Philippine-American War at World War II. First Quarter Storm. Edsa 1986. Kampanya para sa pagpapatalsik ng Base Militar. Edsa 2001. Mapusok ang kabataan, at dapat ang galit ay gamitin laban sa mga tiwali. Ang kapangahasan ay kailangan para sumilang ang bago at pagbabago. Kaaway ng kabataan at pagbabago ang sinumang nagnanais na ilimita ang potensiyal ng bata na tumulong sa pagpapanday ng bagong kaayusan.

7. Komunidad. Hindi kanya-kanya, hindi indibidwalismo, hindi mapanirang kumpetisyon. Dapat bayanihan sa komunidad. Bahagi tayo ng mas malalaking yunit sa bansa. Mayroon tayong kapamilya, kapuso, kapatid, kalahi, kabarkada, kasambahay, katropa. Ang pasya ng karamihan ang dapat mangibabaw, hindi ang sakim na pansariling interes. Mas bigyang timbang ang kapakanan ng nakakarami at hindi ng pinagpalang iilan. Pribilehiyo ang maging kasapi ng komunidad; hindi dapat yumuko ang komunidad sa dikta ng pribilehiyo.

8. Kolektibo. Katipunan. Kapwa. Kasama. Kapitbahay. Kaibigan. Dapat lahat kabahagi sa pag-usad ng panahon; walang iwanan. Imbes na pangaraping maging sentro ng mundo, dapat ang kapangyarihan ng tao ay gamitin para lumikha ng bagong daigdig ng mga tao. Pagkakaisa at pagbubuklod-buklod para tapusin na ang pang-aapi ng tao sa kapwa tao.

9. Kalikasan. Dahil iisa lang ang ating daigidg. Sino pa ang dapat manguna sa pagtatanggol ng kalikasan kundi ang kabataan na magmamana sa planetang ito. Kabundukan. Katubigan. Kapatagan. Kagubatan. Kalawakan. Kalunsuran. Kanayunan.

10. Kultura. Kasaysayan. Mayaman at makulay ang ating nakaraan at ang bakas nito’y buhay na buhay pa rin sa maraming komunidad. Pero nakakabahala ang paglimot at mababang pagpapahalaga ng ilan sa ating kultura. Kaugnay nito ang mababaw na pagkilala sa kapangyarihan ng kasaysayan. Paano tayo lalaban sa ibang lahi sa panahon ng globalisasyon kung wala tayong malalim na pag-unawa sa ating pagkakakilanlan? Kulturang popular ng ibang bayan ang ipapasa ng kabataan sa hinaharap kung walang sustinidong pagbabaliktanaw sa ating nakaraan. Pero kapag armado ng aral ng kasaysayan, magagamit ito ng kabataan sa paggampan ng kanyang dakilang misyon na lumikha ng bagong kasaysayan.

11. Kinabukasan. Kasaganahan. Kaginhawaan. Kaligayahan. Pag-asa ng bayan kung gagamitin ang lakas, giting at talino; at handang kumilos para magkaroon tayo ng mas maaliwalas na kinabukasan. Imposible? Hindi kung kikilos ang marami ngayon; kung babasagin ang katahimikang tinakda ng mga mapang-api; at kung tuluy-tuloy ang pag-abot sa matamis na pangarap

12. Kabataan. Dahil ang kabataan ay tinatakda din ng mentalidad, aktitud, at gawi ng tao. Ang tao ay tumatanda kapag bumibitiw siya sa kanyang prinsipyo. Subalit nananatili siyang bata habang patuloy na lumalaban, nakikibaka, at nangangarap. Si Harry Potter, the boy who lived. Si Peter Pan, the boy who never grew up. Si Benjamin Button, pabaliktad ang kanyang pagbata at pagtanda. Maraming bata pero maagang sumuko sa mga hamon ng buhay; nasilaw at nalason sa tuksong dala ng salapi, katanyagan, at kapangyarihan.

Hindi problema ang pagtanda, ang paghina ng katawan, kung nananatiling bata ang inyong pag-iisip at pagtingin sa buhay. Ito ang sikreto ng habambuhay na pagkabata.

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Posted in speeches | Tagged | 1 Comment

No To Subic Coal

By admin | May 21, 2012

Privilege speech delivered on May 21, 2012, Monday. Drafting of speech was a collective effort. Special thanks to Rubelh.

I rise to give voice to the clamor of the people of Zambales against the proposed 600-megawatt coal-fired power plant in Sitio Naglatore, Barangay Cawag in Subic, Zambales.

The project started out with a Memorandum of Understanding between the Subic Bay Metropolitan Authority or SBMA and Taiwan Cogeneration in 2006. The agreement contained provisions that the coal project would be a joint venture with SBMA, it would adopt high environmental standards, and it would provide affordable power to the Freeport area, Olongapo City and the greater local community. But the project terms were changed when Taiwan CoGen was joined by Meralco and Aboitiz Power Corp in a consortium called Redondo Peninsula Energy, Inc.

In a Lease and Development Agreement with SBMA signed in June 2010, the so-called joint venture between the RP Energy and SBMA was reduced to a mere Leasor and Leesee relationship at the rate of $3.50 per square meter for the whole 50 year period payable in long term. Nowhere in the contract would we find provisions on lower power rates for consumers.

The proponent claims that only green coal technology will be used but there is no such thing as an “environmentally-friendly coal-fired power plant”. The project, like the 11 existing coal-fired power plants in the country, poses real and grave threats.

Studies reveal that Sulphur Dioxide, one of the emissions of a coal plant, is the principal cause of acid rain. Acid rain will diminish forest cover and worsen the acidity of the soil and the water in affected areas. The coal plant will constantly contaminate and warm the seawater and reduce marine productivity. Huge volumes of greenhouse gas emissions would contribute significantly to global warming and climate change.

Coal ash containing toxic chemicals will be accumulated. Discharge of Nitrous Oxide, Sodium Oxide, and other heavy metals such as mercury, lead, arsenic and cadmium would adversely affect the health of the populace in the vicinity, causing cancer, mental retardation and permanent brain damage, gastrointestinal and kidney disorders, and ailments in the skin, lungs, heart and eyes.

In the Social Acceptability Process conducted by the SBMA last December 2011, all sectors registered their apprehension to the project. Our local government units saw no direct financial benefits for their constituents that would outweigh health risks. Aeta communities are alarmed over the possible detrimental impact of the plant on the rainforest in the area, which is the primary source of their livelihood and the heart of their heritage. Likewise, Freeport residents and tourism investors are worried over the deterioration of Subic Bay and the loss of its viability as a tourist destination.

Subic is a special economic zone located near a protected habitat. Even the SBMA acknowledges the unique biodiversity of the area through the Protected Area Management Plan it drafted in December 2001: “The Subic Bay Protected Area contains extremely high biodiversity values and high species endemism. The principal issue of concern here is that a rainforest environment of high quality is in very close proximity to a large concentration of human population and intense land use and economic activity. Maintenance of the ecological balance is dependent on exceptionally good protection from all sources of impact. Modification and change originating from human activity, whether deliberate or unwitting, will erode the rainforest ecosystem and consequently reduce its component elements (populations, habitats, species variation, etc). Ironically, if successfully managed and protected (even enhanced) the ecological values could in fact contribute greatly to the overall economic prosperity of the area.”

The proposed coal plant is located within the protected area.

Indeed, there are other environmental threats in the Subic Bay area and these must be seriously addressed by the government and the private sector in the affected municipalities of Morong, Dinalupihan, Hermosa and Subic Town. But it doesn’t weaken our position against the construction of the plant. In fact, it bolsters our argument in opposing the coal project. The coal plant can cause further damage to the region’s fragile ecosystem.

Why allow this destructive project to continue? The common answer is that coal is cheaper. However, cleaning the emissions to an acceptable level is extremely expensive and standards are usually ignored to save money and gain more profit. Coal would also not make electricity bills lower for the consumers. Because contracts will be pegged to the international market price of coal and oil, electricity prices would surely increase in the long run.

The Aquino administration has been actively pushing for the setting up of coal-fired power plants in different parts of the country as a response to the projected energy crisis. This power supply issue can be seen as a product of Aquino’s economic policy which is but a continuation of past administrations’ flawed concept of development: building the most favorable environment to attract foreign businesses under the framework of neoliberal globalization.

This flawed concept of development is being pushed at the expense of the environment. At this point it should be mentioned that among the industries contributing to the increasing demand for coal plants is mining. As a country that allows 100% foreign exploration of land aside from other incentives, we have attracted foreign mining corporations whose operations continue to destroy our natural resources.

In this context we must aim not simply for renewable and cleaner sources of energy, but for a long term economic policy that would balance the need for environment protection with the demands of the business community. Also, the preservation of our finite natural resources against wanton local and foreign plunder is a non-negotiable demand.

We are not against development projects that will spur the local economy, create jobs, and revive the investment attractiveness of our communities. But development projects often degenerate into development aggression if proponents in collusion with public officials only prioritize the profitability of their investments at the expense of the environment and land rights of the people.

For almost a century, we were deprived of the privilege to enjoy the clean waters of Subic and the majestic mountains surrounding it because of the presence of a US military base in the area. Two decades ago, we closed the base and transformed it into an economic and ecological preservation zone. For many years, Subic has served as a viable model for towns which want to promote eco-tourism and manufacturing at the same time. It’s a prime destination for nature tripping, business conventions, and investment opportunities.

But how long can Subic retain its appeal if the environment threats are not adequately addressed today? Will Subic continue to attract tourists if a coal plant is allowed to destroy not only the scenery but also the ecological balance in the area?

The youth of the future have the right to use the resources of Subic for the upliftment of their lives and the general progress of the community. But the coal plant, along with other environment threats, could easily ruin our dream of establishing a greener and cleaner future for our children.

Instead of lush forests, rich marine habitats, and vibrant communities, our children will have to deal with the depletion of resources, the loss of biodiversity, and the proliferation of radioactive wastes. They will suffer the dirty consequences for our lack of foresight and political will to save our environment today. They do not deserve to inherit a polluted environment.

What should we do? At the minimum, continue the consultations with the stakeholders especially the affected residents. Stop all constructions in the coal plant site. We enjoin our LGU officials to make a firmer and bolder stand to oppose the project. There should be bias for renewable sources of energy considering the strategic importance of Subic in our national eco-tourism plan.

I’m not a resident of Subic but I’m one of the millions of Filipinos who wish to preserve its natural wealth and beauty so that the next generation will continue to appreciate it and have more fun when visiting the place.

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Malaysia’s Summer of Discontent?

By admin | May 19, 2012

During elections, people tend to be more inspired to voice their opinions on politics, governance, and democracy. Campaigning hasn’t officially started in Malaysia, but it’s encouraging to see that ordinary citizens have been so aggressive in recent weeks in pushing for various government reforms.

Bersih (clean), an electoral reform movement, surprised the government when it successfully mobilized thousands of people in the streets on April 28. It was reported to be the biggest rally ever held in Malaysia. But before Bersih, there were several “people power” initiatives that deserve recognition, such as the Occupy Dataran Merdeka, the student march against the “inefficient and exploitative” national school loan program, and the popular indignation against the operation of a rare earth refinery in the town of Kuantan.

Bersih has three demands: the resignation of the Election Commission, the cleaning up of the electoral roll, and the presence of international observers at the general elections. The government claimed that it had already addressed the concerns raised by Bersih, but its response didn’t impress protestors, who were violently dispersed by the police. The fact that Bersih managed to gather a record number of protesters in the streets of Malaysia and in other cities around the world should be placing genuine pressure on the ruling coalition, which has been in power for the past 55 years, to rethink its tactic of nonchalantly dismissing all reform advocates as proxies of the opposition.

Despite the insistence of its leaders that Bersih is nothing more than an electoral reform movement, it has already evolved into a credible and powerful network of citizens who want to remove the nondemocratic aspects of Malaysia’s system of government. In fact, the campers at Occupy Dataran and the student protesters early last month openly advocated the demands of Bersih even though their campaign and activities aren’t directly related to Bersih.

What bound the campers at Occupy Dataran, who simply wished to reclaim the public space where the grassroots can gather and discuss the meaning of transparent governance, and the Bersih participants, was their shared commitment to expose the anti-people and anti-democratic policies of the government. The student protesters who are complaining about excessive fees in the student loan program are similar to young people in the Bersih march who are frustrated with the structural weaknesses of the electoral system. Many students who supported the march for free higher education also joined the Bersih event.

Another outstanding example of citizen protest in Malaysia is the campaign against the operations of Lynas Corporation, an Australian company that was permitted by the government to construct the world’s largest rare earth refinery plant. Residents living near the plant have petitioned the government to stop the operations of Lynas because of safety and health concerns. So far, the government has failed to convince the residents to support the project. Protests have already erupted in Malaysia and even places like Australia to show solidarity with the communities that will be affected and displaced by the controversial investment.

Change is being demanded by a significant constituency that has already emerged in Malaysia. We’ve already seen the manifestos and the tactics of this rising movement in recent weeks, and this force has the potential to influence the results of the general elections this year. This force can become stronger if it can combine the broad appeal of Bersih, the passion of the campers at Occupy Dataran, the youthful idealism of student protesters, and the grassroots initiative of the anti-Lynas campaign.

The question now is whether this force can defeat the battle-tested ruling coalition, which has access to state resources and superior political and election machinery?

Written for The Diplomat

Malaysia’s Dubious Voter Numbers

Malaysian election reform coalition Bersih (Clean), which gathered more than 50,000 people together in the streets of Kuala Lumpur last year, will hold another sit-in protest this weekend in frustration over the failure of the government to implement key electoral reforms. Dubbed Bersih 3.0, the gathering will push for the resignation of Election Commission officials, who are accused of orchestrating a clever cover-up of a fraud prone electoral system.

The assembly is expected to be a major political event despite the insistence of the organizers that it’s not trying to undermine the leadership of the ruling coalition, which has been in power in one form or other for the past 55 years. However, the presence of opposition personalities at the event could further bolster the claim of government supporters that Bersih is an initiative of partisan political forces.

But whatever Bersih’s affiliation with the opposition, whether real or imagined, this shouldn’t weaken the argument that Malaysia’s electoral process needs to be more democratic and transparent in order to avoid the suspicion that voting results can be easily manipulated in favor of administration candidates.

One of Bersih’s demands, which is to clean up the electoral roll, is actually supported by many analysts, who have uncovered inconsistencies in the voter registration database. For example, a surprisingly high 90 percent of ballots cast through the postal voting system have favored the ruling Barisan Nasional coalition. Furthermore, 42,000 voters whose status as citizens can’t be verified by the government are still registered.

Since the victory by the opposition in Selangor in 2008, voter registration in that state has increased by 22 percent (more than 340,000 voters) compared to the national average of only 16 percent. Meanwhile, opposition parties are also perplexed by the fact that there are 1,000 people registered to vote who are 100 or older, while one “voter” was apparently born in 1853.

Ong Kian Ming, project director of the Malaysia Electoral Roll Analysis Project, believes that at least 3.4 million cases, or about 27 percent of the electoral roll, need to be validated. He found, for example, that 3.1 million voters have conflicting details for their voting constituencies, and he also questions the 65,455 “foreigners” on the electoral roll, the majority of whom are located in Sabah, a province notorious for giving foreigners fake documentation papers. Finally, he says he wants to probe the removal of 106,743 voters and the registration of 6,762 new voters, which was done without a public announcement last year.

These election numbers are expected to be raised at the Bersih rally this weekend. Hopefully, the government won’t resort to violence again, as it did at last year’s Bersih event. What the government and the Election Commission should instead do is explain the perceived irregularities in the electoral database. And if they can’t defend the statistical anomalies, they must immediately acknowledge the errors and assure the public that all the dirt in the electoral roll will be cleaned before the general elections.

Written for The Diplomat

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Interpellation Notes on the Anti-Cybercrime Bill

By admin | May 15, 2012

House Bill 5808 (Committee Report 1818) or the Cybercrime Prevention Act of 2012 was tackled by the Lower House last Wednesday. This representation and Rep. Tonchi Tinio interpellated the sponsor of the measure, Rep. Sigfrido Tinga, who is also the chairman of the Committee on Information Communications Technology. Below is the outline of my interpellation.

1. During the 14th Congress, I was the only House Member who voted ‘No’ to the Anti-Cybercrime bill. I argued that the definition of cybercrime in the bill is “vague and its scope overly-broad that it may criminalize ordinary electronic activities of internet users.”

I warned that it may violate the people’s right to privacy since Section 9 of the bill empowers the government to access the private accounts and monitor activities of persons suspected of committing cybercrimes.

I pointed out that the anti-cyber sex provision (Section 4) of the bill prohibiting the recording, distribution and exhibition of recorded private acts and ‘other obscene and indecent acts’ might be used to stifle freedom of expression, speech and the press. If cybersex is the target, then why include non-sexual private acts? Besides, who will decide if a behavior is indecent or obscene?

The sponsor assured me that my concerns have been addressed already during the committee deliberations. He added that the bill is not a Filipino version of the controversial SOPA and PIPA bills in the United States because it’s not about protecting intellectual property.

There are 10 anti-cybercrime bills filed in the 15th Congress and the version submitted by Rep. Owen Singson was used as the working draft. The consolidated bill is listed as a priority measure of Malacanang.

2. I recognize some of the amendments made by the Technical Working Group. The new provision on cybersex now states:

“…includes any form of interactive prostitution and other forms of obscenity through the cyberspace as the primary channel with the use of webcams, by inviting people either here or in other countries to watch men, women and children perform sexual acts.”

Perhaps to highlight the intent of targeting cybersex, the bill made reference to several related laws such as RA 9775 or the Anti-Child Pornography Act of 2009, and RA 9995 or the Anti-Photo and Video Voyeurism Act of 2009.

I also acknowledged that the proposed amendments of Rep.Tinio were incorporated in Sections 10 and 12 of the consolidated bill.

Section 10. Real-time Collection of Computer Data. – Law enforcement authorities, with due cause, and upon securing a court warrant, shall be authorized to collect or record computer data by technical or electronic means.

Section 12. Disclosure of Computer Data.– Law enforcement authorities, upon securing a court warrant, shall issue an order requiring any person or service provider to disclose or submit subscriber’s information

The sponsor confirmed that in the new version of the bill, a court order will be required before authorities can collect and disclose computer data.

The sponsor informed the body that the Senate has adopted the amendments discussed in the TWG. The Senate has in fact already approved the cybercrime bill on third reading a few months ago.

3. There are three cybercrime general offenses identified in the bill: a) Offenses against confidentiality, integrity and availability of computer data and systems; b) Computer-related offenses; and c) Content-related offenses.

I asked about the extent of cybercrimes in the Philippines. What is the impact in terms of economic losses? How can cybercrimes undermine national security? Why should ordinary internet users worry about them? What will be the consequences if we fail to pass an anti-cybercrime law? Will it hinder internet development in the country?

The sponsor mentioned a figure of $114 billion but according to him it’s a conservative estimate and it’s not limited to the Philippines. Instead of estimates, I think the committee in consultation with other government agencies should come up with a more detailed report on the cost of cybercrimes to the local economy.

The sponsor identified computer-related offense, which includes credit card fraud and identity theft among others, as the principal cybercrime threat in the country. But how can the cybercrime law resolve these threats?

4. It’s not accurate to describe the proposed cybercrime law as the first attempt to regulate online criminal behavior. The landmark E-Commerce Law of 2000 actually penalizes hacking or cracking.

Section 33, subsection a. Hacking or cracking which refers to unauthorized access into or interference in a computer system/server or information and communication system; or any access in order to corrupt, alter, steal, or destroy using a computer or other similar information and communication devices, without the knowledge and consent of the owner of the computer or information and communications system, including the introduction of computer viruses and the like, resulting in the corruption, destruction, alteration, theft or loss of electronic data messages or electronic document shall be punished

The sponsor discussed the limitations of the law and the necessity of providing authorities with better and broader legal tool to run after cybercriminals. Because the law can’t be used against the new variants of cybercrimes, the sponsor reiterated the need for a comprehensive anti-cybercrime legislation. He rejected my proposal to simply amend the E-Commerce Law.

In some countries, human rights groups are opposed to cybercrime legislation because it’s being used by repressive regimes to clamp down on legitimate dissent. By expanding the E-Commerce Law, we will send a message that we are more interested in preventing cybercrimes that harm businesses and everyday transactions rather than giving broad powers to the state which can be used by abusive authorities against innocent civilians, critics, and imagined cybercriminals.

5. I opposed the inclusion of cyberthreats and cyberdefamation in the consolidated bill. They are not part of the original measure. We will legislate online libel which is a step backward in our long-term aim of decriminalizing libel.

Cyberthreats. – Threatening the life, security or property of another person, whether natural or juridical, or otherwise committing threats and coercions as defined in the Revised Penal Code and other laws, with the aid of or through the use of a computer system, whether using one’s real name or an assumed name; and

Cyberdefamation. – The maligning or besmirching the name or reputation, or intriguing against the honor of another person whether natural or juridical, or otherwise committing libel or slander as defined under the Revised Penal Code and other laws with the aid of or through the use of a computer system, whether using one’s real name or an assumed name.

Were the cyberthreat is coupled with a cyberdefamation as defined in Sections 4(C)(3) and 4(C)(4), the penalty to be imposed on the guilty person shall be prision mayor or a fine of at least Five Hundred Thousand Pesos (P500,000.00) but not exceeding One Million Pesos (P1,000,000.00) or both.

How big and extensive is the crime of cyberdefamation in the Philippines to warrant its inclusion in the bill?

One of the benefits of the internet is that it provides anonymity to individuals, whistleblowers, truth crusaders, democracy activists, and human rights workers who wish to protect their identities. But the Philippine anti-cybercrime law will empower authorities to compel webmasters and web companies to reveal the names of their anonymous users accused of cyberthreat and cyberdefamation. A court order needs to be presented first, according to the sponsor, but it’s not clearly stated in the bill.

The anti-cybercrime law is supposed to be the legal instrument of the NBI, DOJ, and other agencies in running after hackers, malicious spam and virus senders, cybersex operators, and hi-tech gangs that engage in phishing, credit card fraud, among others. But the inclusion of cyberthreat and cyberdefamation in the list of dangerous cybercrimes would fundamentally affect and alter the implementation of the law. Woe to the NBI agent and DOJ prosecutor who will be swamped with cybercrime cases filed by showbiz actors, politicians, business tycoons, and other untouchables who want to punish their online critics. Instead of dealing with cyberwarfare, our agents will be investigating online libel.

This will restrict freedom of speech in the country. The bill if passed into law can be used to suppress truth. A politician can easily file charges against ‘hostile and combative’ critics and witnesses by claiming that virtual protesters have threatened his life and property. Censorship will lead to repression once an activist or reform advocate has been labeled a cybercriminal.

I acknowledge that hate speeches proliferate in the web. There are irresponsible internet users. But the solution is not to lump them with notorious cybercriminals. We should focus instead on giving social media education and aggressive promotion of responsible and lawful online behavior. We should target the young.

The sponsor surprisingly described the bill as a watered-down version; a compromise bill that balances privacy protection, human rights, rule of law, and the right of the state to perform its duty of protecting the citizens.

6. On realtime collection of data. I asked about privacy protection. Despite the court order requirement, I still fear that the privacy of individuals will be violated. Will authorities specify the particular file folder to be collected or will they simply download all computer data? I discussed some of the safety measures adopted in other countries. For example, a search warrant issued by the courts should be limited to only one user. The suspect must be informed what data have been collected by authorities so he can appropriately respond about the case. He must have the right to demand the permanent deletion of data collected by authorities if the case is dismissed. In short, data storage should not be permanent and the user must have awareness and control of the data gathered by private and state agencies.

7. Other offenses. Section 5 Aiding or abetting, or attempting to commit cybercrime.

(a) Aiding or Abetting in the Commission of Cybercrime. – Any person who willfully abets,aids or financially benefits in the commission of any of the offenses enumerated in this Act shall be held liable; or

(b) Attempt to Commit Cybercrime. – Any person who willfully attempts to commit any of offenses enumerated in this Act shall be held liable.

Again, this is too general. Any person surfing the web, innocently sharing some virus-infected files, can be accused of aiding or attempting to commit cybercrime. This should be reformulated.

8. There are non-negotiables in drafting internet policies. Legislation should maintain the openness or the free, public character of the internet. There must be transparency and law enforcers must be accountable for their actions. National regulation is futile since cybercrimes operate globally and virtually. The main concern should be the protection of internet users. Discussion of cybercrimes must also include the draconian measures usually adopted by the state in the name of protecting public interest like the use of filtering technology, surveillance technology, illegal collection of data, and internet shutdown. These are cybercrimes. These must be declared as anathema in a democracy. Cybercrimes, whether committed by state or non-state actors, are threats that need to be seriously addressed.

What amendments would you suggest to the committee?

Posted in media | Tagged , | 7 Comments

Extend session days, shorten Congress breaks

By admin | May 8, 2012

*Thanks JM for the additional points

Congress adjourned sessions last March 21 or 46 days ago. Sessions resumed today but we will adjourn again on June 7. The third regular session of the 15th Congress will begin on July 23.

Lack of quorum is often cited as the primary reason for the failure of the House of Representatives to deliberate and pass on time the government’s priority legislative agenda and other socially important legislative measures. Because of limited time, discussion of LEDAC bills is shortened and voting is often done in haste.

It’s difficult to achieve a perfect attendance in the plenary. This is only possible during SONA and the last session day before Congress goes into recess. Meeting the quorum requirement is a daily problem and it’s quite understandable because the House membership is almost 300 already. The House leadership is lucky because it is dealing with a friendly Minority (most of the time) which can technically question the quorum everyday. To avoid a roll call during the next session day, the presiding officer merely suspend sessions instead of declaring an adjournment.

If Congress wants to be more productive, addressing the quorum problem is not the only remedy. Extend the session days, and shorten the recess.

There is no need to change the Rules if we want more plenary sessions. We merely implement Section 69 of Rule XI of the Rules of the House of Representatives:

Section 69. Commencement of Daily Sessions – Daily sessions shall commence at four o’clock (4:00) in the afternoon on Mondays through Thursdays and ten o’clock (10:00) in the morning on Fridays unless the House decides otherwise.

At present, Congress sessions take place from Mondays to Wednesdays only. On the average, sessions last for three hours only.

Maybe session days were shortened to allow Members to address the needs of our district and partylist constituencies. But we must not forget that our principal duty is still to legislate and that should require more work in Batasan. As a compromise, hold sessions until Thursdays so that Fridays can be devoted for district work. Legislative consultations can be done during Congress breaks.

In drafting the calendar for the third regular session of the 15th Congress, the Senate and the House should seriously consider a longer time for plenary sessions. But if legislators insist on holding sessions for three times a week only, then another option is to reduce Congress breaks. There are only 84 session days in the current second regular session calendar as opposed to the 98 days during adjournment.

Our present legislative performance leaves much to be desired.

If we demand swift action from offices of the executive department in addressing the concerns and problems that our constituents face in their everyday lives, policy and legislative work should be equally responsive. But in a year, just how many days do we spend as legislators talking about and deliberating on issues that warrant legislative intervention? Three days a week in only several months a year is simply insufficient to cover the multitude of concerns that plague the people.

Publish attendance in Committee Hearings

At present, only the plenary attendance is disclosed to the public. But in the name of transparency, we must also publish the attendance of House members during committee hearings.

Plenary sessions commence at 4pm because there are committee hearings in the morning and afternoon. But only few committee meetings are able to muster a quorum and they are usually related to impeachment cases or budget matters. It’s SOP to dispense with the calling of the roll.

Committee work should not be ignored since it’s equally important to our plenary participation. Through public hearings, we can hear the comments of concerned stakeholders to our legislative proposals. This is the time when citizens are able to engage our lawmakers which is a necessary component of democratic politics.

Lobbyists and government resource persons are able to insert amendments or even block legislation at the committee level.

There are almost no issues to discuss or debate anymore when a bill or resolution is tackled in the plenary because the objectionable or vague provisions of the measure have been resolved already (hopefully) in the committee hearings.

Active participation in the committee deliberations is crucial to improve the quality of legislation in the country. Therefore, House Members must be compelled to attend both the plenary and committee sessions.

The initial step is to urge the leadership to publish the attendance of House Members during committee hearings. There are 54 standing committees and 11 standing committees. Non-performing committee members must be removed from the committee. It’s actually mentioned in the Rules:

Section 36 ….A Member of a committee who incurs three (3) consecutive unexplained absences within a regular session shall forfeit membership in that committee.

It’s the Speaker who approves the membership of each committee. For the record, I’m a member of only 11 committees.

Salute to the Hardworking Secretariat

We recognize the Congress Secretariat for their dedication, efficiency, and consistency in performing their duties as government employees. They go to work even if Congress sessions are adjourned. They enroll our bills, conduct research, process our numerous requests, monitor the floor proceedings, handle our security, and maintain order in Batasan. Their work ethic should be the guide for all Members of Congress.

Posted in congress | Tagged | 1 Comment

Rich and Poor Politicians

By admin | May 5, 2012

I’m reported to be the second poorest congressman of the 15th Congress of the Philippines. But since I’m not a ‘nattering nabob of negativism’, I prefer to be known instead as the 285th richest solon in the country.

As expected, world boxing champion Manny Pacquiao topped the list of politicians who became rich through legal means. But it’s difficult to accept that Hall of Famer (representa)thieves are poorer than him. Maybe it’s more accurate to rank politicians based on the value of their hidden wealth.

But how do we find the secret hoard? A friend suggested an innovation: politicians must undergo a lie detector test in connection with their declared assets. Or perhaps a truth serum can help them remember their other properties. However, I doubt if these unconventional methods can work on professional liars and natural born robbers.

We can learn many things from the curious case of Imelda Marcos. She is the second richest member of the House with a net worth of almost a billion pesos. Yet a few years ago she was the pitiful poorest member of the House. How did she become rich again? The story of a penniless widow who became a billionaire is an imeldific material for a self-help book or movie.

Seriously, why did we allow Imelda to flaunt her ill-gotten wealth again? The other sinister half of the conjugal dictatorship is not only enjoying her freedom, she has also clearly recovered some of her sequestered assets. Shame to all post-Edsa governments and their insincere anti-corruption promises!

But Imelda’s fortune is not a controversial issue in the House of Millionaires. What is considered quite odd is the presence of VIPs or Very Impoverished Politicians in the elite-dominated institution. Is it really possible for a poor congressman to remain poor even after serving for three terms? Can a congressman enter and leave the chamber without being too obsessed with money, real estate, and other worldly possessions? Yes. Some fine examples are Crispin Beltran, Satur Ocampo, Liza Maza, Teddy Casino, and Paeng Mariano. (Among Ed in the local government).

Public service is not reserved for the filthy rich with bleeding hearts. Wealth should be removed as the initial requirement for those who seek to enter politics. The stereotype that a politician is rich or that he should get rich has to be replaced if we want a more democratic type of politics.

Politicians are not obliged to renounce their wealth. They can remain rich while holding a public office. In the same manner, we should also respect the decision of some poor politicians to embrace a more spartan type of life while avoiding the juicy offers of high society. It must be emphasized, though, that this lack of enthusiasm or disinterest to join the ranks of the very rich is not merely an activist credo. It’s actually a very Christian thing. Should I mention the Beatitudes here?

The fascination over the excess or lack of tangibles possessed by politicians should hopefully lead us to discuss the intangibles of democracy. These intangibles like equality, justice, rights are immaterial and immeasurable but essential in a genuine democratic state.

Focus on numbers alone is not enough. What’s the value of having self-proclaimed poor politicians if their politics only affirm the exploitative character of the social order? Progressive politics, democratic politics can be espoused by both the rich and poor.

What we should aggressively promote is the greater participation of the poor in the country’s public and political life. The Left has been consistent in organizing and mobilizing the poor through various mass struggles. And through the partylist system, we witnessed the remarkable legislative record of proletarian intellectuals like Ka Bel and Ka Paeng. The poor deserve more voices and representatives in Parliament.

I hope the day would come when poor politicians will no longer constitute a minority in government. I hope politicians wouldn’t have to explain why they arrived in a taxi, jeepney, or tricycle. I hope the success of politicians or government officials wouldn’t be equated anymore with elegant mansions, oversized cars, golf club memberships, and overseas properties. Hopefully, these can be achieved in my lifetime. We must resolve to achieve them in our lifetime.

(Poverty is relative. Compared to my colleagues in the House, I’m poor. But I enjoy a higher standard of living compared to our minimum wage earners and farm tenants. My middle class lifestyle is partly financed by my working class parents in the US. I do not abhor wealth, it’s just I don’t give a damn if I have few material possessions in life. In my book – by the way, I do possess and collect a lot of books – a rich person is someone with a humble character, big heart, and open mind.)

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Posted in congress | Tagged , | 1 Comment

Hamon sa SK

By admin | May 2, 2012

Dumaan sa ilang dagdag-bawas ang talumpating ito dahil binigkas sa iba’t ibang okasyon at lugar: SK Ilagan (Abril 1), SK Occidental Mindoro (Abril 12), SK Rehiyon III (Abril 11), SK Laguna (Abril 17), SK Candaba (Abril 21), SK Surigao del Sur (Abril 28)

To my fellow public servants, my co-workers in government, my fellow youth leaders, magandang araw

Sa diwa ng Araw ng Kagitingan na ating ipinagdiwang noong Lunes, ilang segundong katahimikan ang ialay natin para sa mga bayaning nagbuwis ng buhay para sa kalayaang tinatamasa natin ngayon.

Mamaya po tatalakayin ko ang ugnayan ng kabataan at kabayanihan. Mag-uulat muna ang inyong lingkod sa parliamentary status ng mga panukalang batas na may kinalaman sa Sangguniang Kabataan. Palaging tinatanong sa akin: Mabubuwag ba ang SK? O reporma ba ang gagawin? May term extension ba? May halalan ba sa susunod na taon?

Una, bakit ba tayo tutol sa mungkahing buwagin ang SK? Dahil ang akusasyon nila sa SK tulad ng korupsiyon, na kahit tama sa maraming pagkakataon, ay higit na dapat ituro pabalik sa mga mas nakakatanda sa pamahalaan. Hindi SK ang pasimuno ng korupsiyon sa bansa. Hindi SK ang nabigo kundi ang bulok na sistemang pulitikal na nagkulang na magbigay ng mga wastong halimbawa para sa mga bata. Bakit SK lang ang bubuwagin kung korupsiyon lang ang dahilan? Buwagin ang Kongreso. Buwagin ang AFP. Walang ahensiya ng pamahalaan ang bukas sa mungkahing reporma maliban sa SK. Hindi tinatanggi ang problemang bumabalot sa SK pero hindi solusyon ang abolisyon.

Kamusta na ang SK sa Kongreso? Nasa technical working group pa rin ang pending bills ukol sa SK. Pero sa yugtong ito ay pwede na nating masabi na nabigo na ang tangka ng ilang mga pulitiko na buwagin ang SK. Gayunpaman, may mga banta pa rin tayong dapat bantayan.

Oo, pumayag na ang mga abolitionist sa pananatili ng SK. Pero, ang kondisyon, gusto nilang tanggalin ang kabataan sa mga konsehong bayan. Nais nilang bawiin ang tagumpay ng ating sektor na may boses at boto sa mga lokal na pamahalaan. Layunin nilang itansporma ang SK mula sa isang institusyong may pambansang saklaw at may potensiyal na pag-isahin ang interes ng kabataan tungo sa mga maliliit na samahan na lang ng mga kabataan sa mga barangay. Kung may Boy Scout sa mga paaralan, SK ang katumbas sa mga komunidad. Walang mali sa intensiyong itulak ang SK na maging mas aktibo sa mga usaping panglokal, pero hindi ba’t pag-atras ang pagpayag na alisan ng boses at boto ang mga kabataan sa mga konsehong bayan? Pinaglaban ng mga nauna sa atin ang karapatan ng kabataang magkaroon ng kinatawan sa mga lokal na pamahalaan; bakit natin ito ngayon ibabasura?

Isa pang argumento ng ating mga katunggali: kasi daw ang boto ng SK sa konseho ay nabibili, pinag-aawayan ng mga pulitiko. Tama. Pero bakit yung boto ng ABC ayaw tanggalin? At kung ang problema ay korupsiyon at pakikialam ng mga pulitiko, bakit ang solusyon ay alisin ang voting power ng kabataan? Ipagbawal ang pamimili ng boto, harangin ang interbensiyong ilegal ni Mayor o Governor. Totoo na sa kasalukuyan ang boto ng SK ay hindi nagagamit para sa mas malawak na kapakinabangan ng sektor. Pero kung nasa tamang oryentasyon ito, at matapang na tumitindig ang SK bilang boses ng kabataan, ang isang boto bawat konseho ay may potensiyal na magamit sa pagsulong ng interes ng mga kabataan sa komunidad.

May ilang mga kasunduang pinagtibay na sa bahagi ng mga mambabatas na bumubuo sa reform bloc. Anu-ano ang mga repormang isusulong natin? Una, ang edad ay itataas natin sa 18-24. Pangalawa, may financial autonomy ang SK subalit may responsibilidad itong magpatupad ng mga transparency measure. Pangatlo, tatlong ex-officio member ang ihahalal na magsisilbi sa konseho ng isang taon. Palalakasin natin ang Katipunan ng Kabataan bilang sangay na may malakas na boses sa pangangasiwa sa mga gawain ng SK. Hinigpitan natin ang kuwalipikasyon ng magiging SK: dapat walang kamag-anak na pulitiko sa bayan, dapat nag-aaral o nagtatrabaho sa probinsiya, at dapat handang maging ex-officio member kahit walang sahod. Nais nating patingkarin ang diwa ng boluntarismo o paglilingkod sa komunidad sa hanay ng mga kabataan habang sinasanay sila sa paraan ng pamamahala sa bansa. Nais din nating ilapit ang SK sa mga grupong nagsasabuhay ng alternatibong paraan ng pamumuno.

May mga mungkahing silipin din ang civil service eligibility ng SK, rebyu sa pagpapatupad ng scholarship para sa SK sa mga pampublikong pamantasan at pagbibigay ng iba pang non cash incentives sa mga kagawad.

Sapat ba ang mga repormang ito para tuluyang mailayo na sa kasamaan at kapahamakan ang SK? Hindi. Hangga’t ang sistema sa kabuuan ay hindi nababago, wala dapat asahan na pundamental rin na pagbabago sa SK bilang bahagi ito ng reaksiyonaryong kaayusan. Gayunpaman, bilang kabataan, bilang lider-kabataan, pwedeng tumindig ang SK sa iba’t ibang isyung pambayan. Pwede itong maging konsiyensiya ng pamahalaan. Be young whistleblowers in the local government. Dapat kritikal, progresibo, at mapangahas ito sa lahat ng aspeto.

Para sa akin, hindi yung SK Reform Bill ang susi sa pananatili ng SK sa pamahalaan. Kailangan tanggap at unawa ng publiko o ng nakararami ang silbi ng SK. Dapat makita nila ang kawastuhan ng pagkakaroon ng boses ng kabataan sa mga konsehong bayan. Paano? Dapat kumawala ang kasalukuyang SK sa makitid at tradisyunal na pamantayan at pamamaraan ng pamumuno. Pwede sa simula ay magbalangkas ng plano ang SK kung paano ito tutugon sa ilang mahahalagang usaping pambayan tulad ng pagtanggol ng kalikasan, paglunsad ng voters registration at voters education, paglahok sa debate ukol sa K-12 ng Department of Education, pagsugpo sa korupsiyon, at pagbandila ng nasyonalismo.

Kamakailan lang ay galling ako ng Baguio at nabalitaan ko na naglabas ng manipesto ang SK Baguio laban sa plano ng SM na magputol ng 182 pine trees para sa itatayo nitong multilevel parking. Binati ko ang SK kasi ang LGU ng Baguio hindi man lang naglabas ng resolusyon hinggil sa usaping ito.

Kausapin ninyo na ang DENR kung paano kayo lalahok sa National Greening Program. Alamin ninyo mula sa Deped at Ched kung paano ituturo ang climate change sa mga paaralan at komunidad. Tutol ba kayo sa mining? May mining applications ba sa inyong lugar? Ano ang tindig ng kabataan dito?

May bagong kurikulum na ipapatupad ang DepEd ngayong Hunyo. Baka pwedeng humingi kayo ng pormal na oryentasyon kung paano ang paghahanda ng DepEd sa inyong lugar. Dapat makialam ang mga bata sa usaping ito kasi may kongkreto itong epekto sa pag-aaral ng inyong constituents.

Lapitan ninyo rin ang Comelec kung paano kayo tutulong sa voters registration. Magpanukala kayo ng satellite registration sa inyong lugar.

Noong 1990s nakilala ang SK sa kanyang anti-drugs advocacy maliban sa mga paliga tuwing summer. Panahon na upang maging mas aktibo ang SK sa usapin naman ng pagtatanggol ng kalikasan. Ramdam na natin ang negatibong epekto ng climate change sa bansa. Kung gusto nating manahin ang isang mas malinis na kinabukasan, dapat ngayon pa lang ay handa na tayong umaksiyon. Bukod sa tree planting at coastal clean-up, marami pang pwedeng gawin ang kabataan upang buhayin ang bagong kaisipan at gawi hinggil sa pagligtas ng kapaligiran.

Hindi sapat na tuwid ang daan. Zigzag ang daan papuntang Baguio. Tuwid nga ang daan pero substandard pala ang materyales na ginamit, walang punong matatanaw sa gilid, sa halip ang makikita’y tarpaulin ads at mga epal billboard, walang bahay na madadaanan dahil eyesore daw para sa mga turista, tuwid na daan kahit binabaha at laging may landslide. Ang hamon sa atin, dapat tiyakin na ang daang matuwid ay para sa lahat at pakikinabangan ng lahat (hindi lang sa mga may hacienda, Porsche, at mga kabarilan).

Huwag kayo pumayag na sa inyong termino magkaroon ng pinal na desisyon na buwagin ang SK. Huwag kayo pumayag na sa inyong termino mawalan ng boses at kinatawan ang kabataan sa mga konsehong bayan. Hindi lumang SK ang pinagtatanggol natin kundi ang karapatan ng susunod na henerasyon.

Sana magpatuloy kayo sa paglilingkod sa komunidad at bayan kahit tapos na ang inyong termino. Hindi sa SK natatapos ang ating ambag para mas maging maliwanag ang kinabukasan ng lahat. Patunayan ninyo na SK man o hindi, kayo ay tapat sa inyong panata na maging tunay na makabayan at maaasahang anak ng bayan. Tatlong daang libo ang SK; ito rin dapat ang bilang na handang kumilos sa lansangan o kung saan man kung kinakailangan para ipakita sa lahat na ang kabataan ay nagmamahal sa inang bayan.

Ang kabataan dapat tulad ng ibon – nag-aasam maging malaya; dapat tulad ng agila: mataas ang lipad, matayog ang pangarap, malawak at masaklaw ang pananaw. Mula kay Matanglawin sa nobela ni Rizal, Ibong Mandaragit na sinulat ni Amado Hernandez, tapos noong 1986 narinig natin ang awiting Bayan Ko at ang popular na linyang ‘Ibon man may layang lumipad’, at ngayon mayroon tayong mga Angry Birds. Mga kabataan, I want you to be like the angry birds. Labanan ang tiwali, isuplong ang mga baboy sa pamahalaan (paumanhin sa mga baboy), at higit sa lahat gamitin ang galit, ang ideyalismo, at tapang ng kabataan para sa tunay at makabuluhang pagbabago sa lipunan.

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Posted in speeches | Tagged | 3 Comments

Luisita Avengers

By admin | April 28, 2012

There are no heroes, only farmers, in the epic struggle for land reform in the Cojuangco-owned estate in Tarlac. For half a century, they waged a just war against a popular and powerful political clan. During that long interval, their haciendero masters became overlords of the archipelago – two became president and one was martyred during the dictatorship – but they never abandoned the dream of owning the land which rightfully belongs to them.

They fought while they planted, tenants who decided to be slaves no more; they sacrificed their lives so that their children can enjoy a new future. They suffered a lifetime of defeats but they were stubborn peasants who refused to give up the fight. They negotiated without compromising their non-negotiable position: land or nothing; life or death. They chose life.

Their collective resistance against criminal landlordism is already a victory because it sparked hope in other feudal estates. Because of this, Luisita is no longer a symbol of an exploitative elite rule in the provinces. It has become the de facto byword of the peasant revolution. Luisita is both a Cojuangco rural empire and a promising peasant commune offering hope to the dispossessed and landless.

The recent judicial intervention is laudable but to overstate its importance is to ignore the courageous, decades-long struggle of farmers for genuine land emancipation. What made their struggle uniquely Luisitan? Instead of begging, Luisita farmers firmly asserted their rights. Instead of appealing to the saintly and charitable hearts of their landlords, they preferred a rational discussion of their just and lawful demands. In short, they wanted to be treated as equals. From the point of view of the landlords, this was the unpardonable sin of the farmers.

Beware, this particular landlord clan is vindictive. The fascist state machinery, both legal and armed, is under its control. It can even undermine the victory of farmers by imposing the bureaucratized land reform program of the government; a sham agrarian reform scheme crafted by landlord legislators. It can deploy its civil society underlings to banish the radical desires of the farmers, poison their progressive minds, and push them instead to embrace the token gifts offered by the government.

Through the buy-back option and other dubious legal schemes, the landlord family can quietly and indirectly reclaim ownership of the hacienda. If this won’t work, they are expected to unleash the full powers of the state to prevent the rise of a flourishing rural community. The alternative world of small plot owners united in a single cooperative must be dismissed as utopian fantasy. A new Luisita will be an insult to the Cojuangcos who became billionaires in the past fifty years at the expense of their dirt-poor farm workers. They became richer (and filthier) by pauperizing their tenants. The horses actually received more pampering in the hacienda.

But the small farmers are determined to rewrite and create history.

Let the farmers celebrate in the fields today; this is one festival which should be remembered by all. The angry birds are humming, the trees are hugging each other, the sugar cane fields smell sweeter today. But after the feasting, bigger challenges await. The victory is too precious to be left in the hands of bitter yellow landlords and their hired civil society apologists who wanted to treat Luisita as a mere business transaction between landlords and farmers. We should not allow them to dilute the radical meaning of rural empowerment, agrarian reform, and countryside development. Defend Luisita from capitalist roaders and landlord goons. Build a new world in Luisita. An innovative, progressive, and pro-poor land reform.

Spread the idea of Luisita to other haciendas. But, we should not forget, that the Luisita doctrine is not really about the junking of the stock distribution option. It’s more than that; it should be more than that. Land distribution is not the only end goal. ‘Luisita’ as an idea is subversive because the more essential aim is to transform individual farmers who simply wanted to become landowners into farmers belonging in a collective, struggling not just for land but also for social justice. Land, rights, justice, democracy. The Luisita avengers have bigger demons to slay inside and outside the hacienda. Avengers assemble!

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Burma’s Election Revelations

By admin | April 27, 2012

The obligatory applause for the electoral victory of Burma’s democracy icon Aung San Suu Kyi reverberated around the globe immediately after local officials confirmed that her opposition party, the National League for Democracy (NLD), had won in 43 of the 44 constituencies where it fielded candidates in last Sunday’s by-election. Suu Kyi herself won a parliamentary seat by a comfortable margin. The NLD’s landslide victory has made it the biggest opposition party in Burma’s parliament.

Although political analysts expected Suu Kyi and the NLD to dominate the elections, many observers were surprised that the election results were announced so quickly, which couldn’t have been done without the approval of the junta-backed civilian government. It seems the ruling generals have been fulfilling their earlier commitment to accommodate the entry of opposition forces in mainstream politics.

There have been a couple of surprises along the way, starting with the junta’s approval of the NLD’s application to register as a political party, which legalized Suu Kyi’s candidacy. The second surprise was the failure of any conspiracy, if there was any, to rig the results in favor of the junta-endorsed Union Solidarity and Development Party (USDP).

The decision to respect Suu Kyi’s electoral mandate should be appreciated as the latest in a series of broad reforms Burma’s junta has been implementing in recent years. These include: reviving parliament, the unprecedented release of hundreds of political prisoners, and holding open elections.

But the generals aren’t naïve politicians. Rather, they’ve devised a method to placate Western governments while maintaining their iron grip in the government. Thus, the NLD’s landslide victory, while impressive, has only earned them 43 seats in a chamber of 600 members. In contrast, unelected military officers compromise one-third of the parliament. Nonetheless, Western governments, urged on by Burma’s neighbors, are considering lifting sanctions against the country, with Washington already promising to ease some of them.

Still, this doesn’t mean that the NLD’s recent victory was unimportant. On the contrary, the election demonstrated that Suu Kyi continues to enjoy widespread popularity at home and abroad despite having been under house arrest for two decades. Similarly, her party’s victory also demonstrated its organizational strength has weathered the numerous government attempts to dismantle it. Although it hadn’t run a campaign since 1990, the NLD managed to defeat the government-backed machinery that campaigned on behalf of the NLD’s main rival.

The results also proved that NLD supporters have remained loyal while also appealing to young people, as seen by the number of first-time voters and the large youth gatherings that were held to celebrate the victory of Zay Yar Thaw, one of the pioneers of Burmese hip-hop and a veteran NLD member.

Despite the country’s restrictive Internet rules, Burmese netizens actively monitored the elections through various social networking sites, especially on Facebook. Htoo Tay Zar, a prominent citizen media journalist, noted the popularity of the NLD during the campaign period. “Most people always said the NLD was an opposition party. For me, the USDP is more like an opposition party. Today, I just witnessed USDP’s campaign trip around Khawmu township. No one pays attention to them. Party members are just like sleeping on the truck After all, they are the opposition party since they oppose people’s desires,” he wrote.

Netizens also exposed some visible election violations such as the issuance of tampered ballots and vote buying. But the most interesting revelation was the use of a photo of U.S. Secretary of State Hillary Clinton’s visit to Burma last November in the campaign posters of the pro-government USDP. Netizens thought it was an inappropriate form of campaigning, but its political significance should be highlighted. Basically, it further validated the observation that Burmese officials are slowly abandoning their anti-Americanism.

The recent by-election was a triumph of the people’s will. But the building of a more mature democratic society will require a series of transition periods. It’s hoped that Suu Kyi and the NLD will maximize their parliamentary voice to push for more substantial democratic reforms in Burma. But the essential question is this: Will the junta allow the pro-democracy constituency to further expand its influence?

Written for The Diplomat

U.S. Plays Philippines War Games

Last week, the Philippine government protested what it called China’s incursion into the country’s territorial waters in Scarborough Shoal. It also vociferously opposed North Korea’s decision to launch a rocket into space because of the debris that might land on Philippine soil. But while it has been obsessively suspicious over the real motives of China and North Korea, it readily welcomed the entry of United States troops into the country this week.

Around 4,500 soldiers from the U.S. Pacific Command have joined 2,300 Filipino troops in the 28th Philippine-U.S. Balikatan (Shoulder-to-Shoulder) exercises that are being held from April 16 to 27. Most of the military exercises will be held in Palawan Province, which is the nearest island to the highly contested Spratly islands. China is among the claimants of these islands.

By April 30, the U.S. and Philippine governments will be meeting in Washington to finalize details of the deployment of additional U.S. troops in the Philippines and the holding of more war games in other parts of the country. News reports suggest U.S. Marines from Okinawa are being moved to Guam and rotated to several Southeast Asian countries, including the Philippines.

As China and the U.S. vie for military supremacy in the Asia-Pacific, the Philippines it seems has already decided to maintain closer military ties with its former colonial master over its Asian neighbor. The choice didn’t surprise analysts because the United States has been an influential force in the Philippines’ domestic politics over the past century.

Despite the decision of the Philippine Senate not to renew the U.S. bases treaty in 1991, U.S. troops were still able to visit and stay in the Philippines for an indefinite period because of the subsequent signing of several military agreements between the two governments. In fact, a de facto U.S. military camp exists in Zamboanga City in Mindanao Island where 600 U.S. Special Forces have been based since 2002.

Regardless, the war games and the continued presence of U.S. military troops in the country are being opposed by activist groups for various reasons.

First, some groups claim that these maneuvers violate Philippine sovereignty. They have also wanted to confirm if the visiting U.S. warship has nuclear arms because the Philippine Constitution explicitly bans nuclear weapons in the country.

In addition, activists have expressed fears that the war games could attract terrorists who might wish to plan an attack against U.S. soldiers in the Philippines. Finally, the government has been accused in the past of allowing U.S. soldiers to participate in actual combat operations against local rebels. The U.S. is suspected by some of providing drones during several local military offensives against rebel camps at a time when the Philippines is facing a separatist movement in Mindanao and a homegrown nationwide communist insurgency.

But it’s not only activists who have complained. Farmers and fishermen also complain because the war games are affecting their livelihoods. Some farmers say they have been driven from their land, while fishermen say they have been prevented from fishing near the site of the military exercises.

Renato Reyes of the leftist group Bayan summarized the opposition to the entry of U.S. soldiers in the Philippines: “The U.S. wants it known that it is still top dog in this region, to the great dismay of many peace-loving peoples in Southeast Asia. We do not want our country to be used as a U.S. outpost and playground. We are not a laboratory for U.S. drone wars. We do not want the U.S. meddling in our internal conflicts and regional issues. We do not want the Philippines acting like the U.S. troops’ doormat in the region. We do not want U.S. troops using our country as their Rest and Recreation destination of choice.”

Maybe it’s time for the Philippine government to review its foreign policy. While it has the right to forge military ties with the U.S., it shouldn’t equate the geopolitical interests of the U.S. with the Philippines. It must strive to adopt an independent foreign policy instead of merely parroting the viewpoint of the U.S. government.

Written for The Diplomat

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