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March 5 - 11, 2007 | Volume 21 No. 10
Celebrating our 21st Year

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US URGES ARROYO GOV’T TO END POLITICAL KILLINGS



MANILA -- The United States on Monday, February 26, expressed concern over the spate of extrajudicial killings in the Philippines and called for the prosecution of those involved.

US Ambassador to the Philippines Kristie Kenney made the call as President Gloria Macapagal-Arroyo, whose administration has come under fire over the killings, declared her resolve to stop the spate of murders of political activists and journalists.

The United States has placed a strong value on respect for human rights although it has itself been accused of major violations, especially in the conduct of its war in Iraq.

Kenney spoke to reporters after the launch of the Task Force on Anti-Trafficking in Persons at the Ninoy Aquino International Airport.

Asked if the United States was concerned about the series of killings of activists in the Philippines, Kenney said: “We are concerned. We take extrajudicial killings or murders seriously throughout the world. Human rights are critical to every country that is a democracy.”

She added: “I think the important thing now is the government of the Philippines has put together some very good ideas. Let’s get them into action.”

She said: “Let’s ... make every effort to indeed investigate, prosecute those responsible, exonerate the innocent.”

The human rights situation in the Philippines again came under international focus in the wake of the recent visit to the country of United Nations Special Rapporteur Philip Alston to look into the incidents, and the release of the Melo Commission report on the killings allegedly perpetrated by assassins linked to the military.

In her first public statement since the release of the Melo findings, Ms Arroyo said: “I have made it a top priority to resolve the killings of political and agrarian activists and of members of the media and to prevent further killings.”

“I am confident that we are on the right course,” she added.

Ms Arroyo said her administration had taken immediate steps toward solving the “important issue of extrajudicial killings of activists and media.”

Her orders included:

  • Appointing Chief Presidential Legal Counsel Sergio Apostol to monitor the progress of her directives.
  • Directing the Department of Justice to enhance the Witness Protection Program (WPP).
  • Directing the Commission on Human Rights (CHR) to delve deeper into the killings.
  • Directing the Armed Forces of the Philippines (AFP) and the Department of National Defense to come up with an updated document on command responsibility.
Ms Arroyo also cited her proposal to the Supreme Court to establish special courts and for the Department of Foreign Affairs to request technical assistance from the European Union and other independent bodies for the investigation of the killings.

Chief Justice Reynato Puno said two weeks ago that the high court would set up the special courts “as soon as possible.”

On her directive to the DoJ to strengthen the WPP, Ms Arroyo said Justice Secretary Raul Gonzalez “has liberalized admission requirements particularly when the threat level on bona fide witnesses is high.”

Regional state prosecutors have been authorized to “grant provisional coverage to high risk witnesses under threat” pending confirmation of their admission to the program, she said.

She said Gonzalez had also directed all WPP implementors and personnel, particularly the regional state prosecutors, city and provincial prosecutors, “to adopt a proactive stance in seeking out bona fide witnesses in cases involving political killings, media murders and human rights violations.”

Ms Arroyo said the DoJ had organized a team of prosecutors “to oversee, coordinate and follow up” all cases involving witnesses at high risk, for expeditious prosecution of cases.

Regarding the doctrine of command responsibility -- cited by the Melo report in blaming retired Maj. Gen. Jovito Palparan for some of the killings -- Ms Arroyo said she had ordered the DND and AFP to “come up as soon as possible with an updated document on command responsibility.”

She noted that AFP Chief of Staff Gen. Hermogenes Esperon on Feb. 4 issued a memorandum ordering strict adherence to the doctrine of command responsibility.

“One of the points stressed by Justice Jose Melo, chairman of the Melo Commission, is the need to ensure that all military officers understand and correctly implement the doctrine of command responsibility,” she said.

She added: “Command responsibility refers to the accountability or responsibility or answerability of the commander of a military force or unit for the acts of his men, inclusive of the authority to order, to direct, to prevent or control the acts of his men.”

Ms Arroyo reminded soldiers that under Executive Order No. 226 issued in 2005, “commanders are duty-bound to closely monitor, supervise, direct, coordinate and control the overall activities of his subordinates and to submit an offender to the proper authorities.”

The many-sided Melo report said that one of the conclusions of the commission was that “there is no direct evidence, but only circumstantial evidence, linking some elements in the military to the killings.”

It also said that overall, “There is no official or sanctioned policy on the part of the military or its civilian superiors to resort to what other euphemistically call ‘alternative procedures’ -- meaning illegal liquidation.”

But the commission also suggested that the “whip must be cracked to bring the rogue military elements back in line.”

The military should not be allowed to descend to the level of insurgents and rebels themselves with their lawless, treacherous methodologies,” it said, stressing that the AFP was “not a state within a state.”

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400,000 RP women, kids fall prey to trafficking

MANILA -- Some 300,000 to 400,000 Filipino women and 60,000 to 100,000 Filipino children fall prey to human trafficking every year, according to a 2005 US human rights report.

A 2004 US trafficking in persons study showed 600,000 to 800,000 men, women, and children were victims of human smuggling syndicates worldwide.

Republic Act 9208, the Anti-Trafficking in Persons Act defines human trafficking as the recruitment, transportation, transfer or harboring, or receipt of persons with or without the victim’s consent or knowledge, within or across national borders for the purpose of exploitation, prostitution, forced labor, slavery, and the likes.

To help solve the problem, the Ninoy Aquino International Airport has created Task Force Against Trafficking (TFAT).

The unit will use the country’s premiere airport as a chokepoint to fight human trafficking syndicates. Manila International Airport Authority (MIAA) general manager Alfonso Cusi said the task force, which he will head, will coordinate with the Inter-Agency Council Against Trafficking, which was created after the passage of RA 9208 four years ago.

The TFAT will also team up with the National Inter-Agency Task Force Against Trafficking in Persons, headed by Assistant Chief State Counsel Ricardo Paras III, as well as the Department of Justice (DOJ) through Assistant Chief State Prosecutor Severino Gana Jr., he added.

Cusi said TFAT was formed with the help of the US Agency for International Development (USAID), which pledged support for the country’s fight against human trafficking with funds, equipment, and training.

“We have to be really hard on them,” he said.

Cusi said TFAT will be comprised of law enforcement personnel from at least 11 government agencies operating within the country’s premiere airport.

“We view our participation in this Task Force as a moral and social obligation on our part, rather than a duty that we must carry out,” he said.

“We believe that we are responsible for the welfare of every Filipino kababayan who passes through NAIA and every national who passes by our airport.”

During the launching of TFAT, United States Ambassador Kristie Kenney, who was the guest of honor, said human smuggling should be fought through prevention, protection, and prosecution. “The battle against human trafficking is a high priority for the US government and the American people,” she said.

“The American people are proud to assist in the development of the NAIA-TFAT. The multi-agency task force being created at the NAIA is an excellent and useful tool that emulates the multi-pronged attack needed for success against traffickers.”

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Davide starts work as RP envoy to UN

NEW YORK CITY -- The Philippine government is taking steps to get back the vice presidency of a United Nations organ taken over by Japan following the recall of Ambassador Lauro Baja, who was replaced Feb 26 by former Supreme Court Chief Justice Hilario Davide Jr. as the country’s permanent representative to the UN.

Davide already reported for work on Monday, February 26, at the Philippine Mission office at the Philippine Center on Fifth Avenue in Manhattan.

Department of Foreign Affairs spokesman Claro Cristobal said the country’s diplomatic mission in the UN has began lobbying before the Asian group to elect Davide as vice president of the Economic and Social Council, the post vacated by Baja and turned over to Japan.

Cristobal said DFA was not aware that Japan has taken over the position, GMAnews.tv reported.

“The Philippines, as member of (ECOSOC), launched its candidature to serve out the unexpired term of Baja. The Philippines is not replaced by Japan,” Cristobal said.

Ecosoc is one of the six principal organs of the UN that is tasked to coordinate economic, social, and related work of the 14 specialized agencies, 10 functional commissions and five regional commissions.

It also receives reports from 11 UN funds and programs. The Philippines last sat as a member of the body from 1992 to 1997.

A Philippine membership in ECOSOC is seen to add more weight to the country’s initiatives in the UN such as debt for equity, migration and trafficking.

“The DFA Secretary (Alberto Romulo) has given an order to the mission to indicate to the Asian group our willingness to launch a candidature, which means our new permanent representative, and that’s the standing order,” Cristobal said.

The home office recalled Baja last week to give way to Davide, who was appointed on the eve of the start of the election period, prompting a number of lawmakers to appeal to President Gloria Macapagal Arroyo to hold the appointment in abeyance and give Baja time to wind up his affairs in New York.

Before leaving the post, Baja gave up the ECOSOC vice presidency.

Baja was unanimously elected to the position in his personal capacity after the Philippines topped the elections for the council on Nov. 2, 2006.

In a statement from New York on Sunday, Baja said Ambassador Kenzo Oshima,Japan’s Permanent Representative to the UN, has assumed the seat he vacated.

Cristobal said a special election will be called to elect Baja’s successor. The Asian group is one of the five groups in the Ecosoc that will be involved in the election.

The DFA spokesman voiced optimism that Davide would win the special election, although he is new in the UN.

“We will not launch a candidature if we can not assure the organ that we can deliver, work hard and be entrusted with responsibility of the office. We stand by that candidacy,” Cristobal said.

“We hope it’s a work we can continue efficiently and effectively. A vacant position should not be kept vacant for so long and (it has to be) filled up in a speedy manner. We hope the Philippines can continue to contribute in the person of Davide,” he added.

In the event Davide loses, Cristobal said the Philippine representation in the Ecosoc “will not suffer one bit” and that the country will continue to serve its term as a member in that UN body until 2009.

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GMA OKs last-ditch CGFNS appeal

The CGFNS this month announced it would not issue VisaScreen certificates, a requirement for medical professionals who want to practice in the US, to June 2006 nursing licensure exam passers without a retake.

Mrs. Arroyo’s chief of staff, Joey Salceda, said it would be an “informal” mission. He said the President created the team only on Tuesday.

Salceda said the other members of the team are Leonor Rosero, Professional Regulatory Commission (PRC) chairman; Dr. Remigia Nathanielz, Philippine Nursing Association head; and resigned PNA head Eufemia Octaviano.

As contingency, Salceda said Mrs. Arroyo has already allocated at least P17 million to cover for the retake of the 17, 000 nurses.

Malacañang, he added, may be open to shouldering expenses for the review.

“If they shout louder I think we will,” Salceda said.

Among the moves sanctioned by the Palace, is the presentation of House Resolution 1539, which Puentevella authored. The resolution opposes the CGFNS policy as unfavorable to the 17,000 June 2006 nursing board passers.

Puentevella of the Lakas-Christian Muslim Democrats told The Manila Times there is no task force.

The congressman said he merely offered to talk to CGFNS officials as he has personal plans to visit the United States on March 3 to 5.

Puentevella said he would use “personal money” for the trip.

He stressed that plans would depend on the stand of the PRC.

The lawmaker described the CGFNS decision “a blatant disregard for Philippine internal policy.” He cited a Supreme Court ruling upholding the board passers’ right to get their licenses.

Puentevella believes the CGFNS might still reverse its decision if presented with new data and documents, saying its officials “might have spoken to the wrong people.”

The CGFNS a 2006 fact-finding mission to the Philippines concluded that the tainted licensure process raised significant questions about the accurate assessment of the board passers’ competencies of many of the board passers.

“The CGFNS decision to deny the VisaScreen to said board passers relates only to US Immigration Law and does not reflect on the competence of the health-care professional,” the Puentevella resolution said. “Competence is judged by passing either the CGFNS International Certificate or NCLEX-RN, one of the requirements for VisaScreen.”

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