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Issue Number 29/30, May 2008

Kapatiran Issue No. 29/30, May 2008


PHILIPPINES 08: Half A Step Forward, Two Steps Back
- Murray Horton

Kapatiran is now only coming out once a year (although the Phi-lippines Solidarity Network of Aotearoa has a much more robust presence in cyberspace, posting material to members and supporters on a daily basis), so it’s time for our annual update on the Philippines, the New Zealand relationship with the Philippines, and what PSNA has been doing. This is what our Filipino friends call a “situationer” (one of my favourite Filipino English words).

The 2007 issue of Kapatiran inclu-ded a very long and detailed article by me updating readers on the previous several years of the rule of President Gloria Macapagal-Arroyo (Number 27/28, April 2007; “Gloria’s Inglorious Reign Of Terror: Desperate Regime In Crisis Resorts To State Terror & Mass Murder”, which is online at www.converge.org
.nz/psna/Kapatiran/KapNo27n28/Kap27n28Art/art126.htm). It concen-trated on the all consuming human rights crisis – the heading on the cover, “State Terrorism”, summed it up most succinctly – and painted a generally terrible picture.

So where are we at a year later? Well, Gloria is still very much in power, her six year Presidential term runs until 2010. She is at the centre of a permanent political, economic, social and moral crisis, the only new feature being that the sickness presents new symptoms every year. As in every other year of her rule (which dates back to 2001 when, as Vice President, she stepped into the shoes of the disgraced President Joseph Estrada who was peacefully removed by People Power 2 from the office that he had plundered) there have been moves to impeach her and mass protests of tens of thousands in the streets calling for her resignation or ouster.

A Pardoned Kleptocrat & A Bomb In Congress

Estrada himself came back from the political wastelands in 2007. His corruption in three short years in power (1998-01) was on par with the Marcos kleptocrats, who are the silver medallists behind Indonesia’s Suhartos in this Olympics of crime. After his overthrow, Estrada was arrested and charged with plunder, a non-bailable offence which at the time carried the death sentence (which has since been abolished). After an indecently short period of what the Americans call country club imprisonment, he was held under house arrest, while an interminable trial ground on for years through the Sandiganbayan anti-graft court. In September 2007 he was convicted and promptly sentenced to life imprisonment, which was definitely a first for the Philippines (none of the Marcoses have ever been convicted of anything, let alone spent as much as a minute in prison). Estrada wasn’t actually sent to prison but allowed to return to house arrest, to await his appeal. Gloria didn’t wait for the legal process to drag on any further, pardoning her predecessor just a few weeks after his sen-tencing. Obviously she didn’t want to set a precedent whereby flagrantly corrupt Presidents could actually be punished for their crimes – because she would be the next one into the dock. So Estrada, totally unrepentant for his systematic theft from the Filipino people, is once again a free man and back in circulation among the ruling class, which are very strong supporters of the ancient and noble tenet of there being one law for the rich (actually, preferably no law) and one for the poor. He has repaid his successor’s clemency by joining the public opposition to her, which is motivated by the flagrant corruption of her regime (the irony of which must have escaped him).

Political violence and instability continue unabated. To give just one of very many examples, in November 2007 there was a fatal bomb attack on the House of Rep-resentatives itself which killed three people, including a Muslim Cong-ressman, Wahab Akbar (see Mary Ellen O’Connor’s article, “A Kiwi In The War Zone”, elsewhere in this issue, for her personal account of meeting various members of the Akbar dynasty on the southern island of Basilan during her August 07 visit there as part of an inter-national women’s factfinding mis-sion).

Call For Popular Uprising – From A Five Star Hotel

And later, in November 2007, there was the quite bizarre spectacle involving military rebels on trial for a July 2003 mutiny in the heart of Makati, the “rich city” of Metro Manila (for details see Kapatiran 23, November 2003; “George & Gloria: Two Of A Kind”, by Murray Horton, online at www.converge.org.nz/psna/Kapatiran/KapNo23/Kap23Art/art102.htm). These guys have support not only among their fellow officers and soldiers (which always makes any President very nervous) but among millions of the Filipino people. One of their leaders, Antonio Trillanes, was elected to the Senate in the May 2007 mid term elections, winning 11 million votes, despite the major disadvantage of being in prison awaiting trial. On that November 07 day Trillanes and his fellow defendants (including other officers charged with rebellion and arrested when Gloria declared a shortlived State of Emergency in February 2006, citing an imaginary “Right/Left conspiracy” as justification) simply marched out of the court, accom-panied by their supposed guards and proceeded to march right through the Makati scene of their crime, all the way calling on the people to rise up and overthrow Gloria.

They marched peacefully into the country’s very ritziest hotel, the Manila Peninsula, took up residence and called for a popular uprising from that most unlikely of settings (thus exhibiting a very touching naivety, which was their undoing). They were joined by a disparate group of Gloria’s most vocal opponents, from a number of sectors, and a large media con-tingent. This was no coup or mutiny, let alone any kind of revolution, but a very strange prison break whereby the escapers made no attempt to get away, instead making themselves very comfortable indeed in five star surroundings. Gloria was taking no chances – the military surrounded the hotel, in the heart of the coun-try’s biggest tourist area (an NZ friend sent me the hair raising eye-witness account he received from his son who’d just arrived in the Philip-pines on that day), smashed an armed personnel carrier through the main doors and shot up the lobby for good measure. Fortunately nobody was killed. Having saturated the place with tear gas, they arrested and roughed up everyone they could lay their hands on (a very large number of whom turned out to be journalists, which spun off into a major story of its own). The civilians arrested, ranging from politicians to clergy, some of them household names, have been charged with re-bellion; Trillanes and his fellow soldiers went back into military cus-tody and back on trial (with more charges to come, arising from this whole strange episode, which was treated as a comic story by the world’s media). Several of the accused – ones who didn’t take part in this latest episode – have since pleaded guilty to the 2003 charges, becoming the first people ever to be convicted on coup charges in Phi-lippine history. They were sentenced to life imprisonment and promptly pardoned.

Mindboggling Corruption

Mindboggling corruption at the very highest levels of government is a tragic feature of every Philippine Presidency and Gloria is going for gold in this event. There have been a whole series of corruption scan-dals involving her family and associates since she came to power in 2001 (not to mention the political corruption by which she stole the 2004 Presidential election. For details of that see the lead story in the previous issue, Kapatiran 27/28, cited above). Right now the ferment in political circles, in the media and on the streets (where tens of thou-sands have protested about it) is caused by the very latest mega scan-dal, namely the since aborted contract with a Chinese company for the National Broadband Net-work. I remember read-ing all about this in the daily papers when I was last in the Philippines (vi-siting the in-laws in Ma-nila, in August 07) and thinking that this was a doozy, even by Philip-pine standards – and this was before it had even properly broken. The contract was deemed sufficiently important that Gloria left the hospital bedside of her husband, Mike Arroyo, who was recovering from open heart surgery, in order to fly to China in the middle of the night to personally witness the signing and then fly home straight away. I re-member being astonished to read, buried right in the middle of a very long report, the bald state-ment that the Philippine copy of the contract was no longer in existence having been “stolen” from the dele-gation’s hotel. I could smell the fishi-ness of the deal coming right off the page.

In the months since then the true dimensions of this monstrous crime against the Philippine people have become apparent – the very same Mike Arroyo, official title the First Gentleman, was revealed to have asked for a $US130 million cut from the Chinese company (accounting for fully half of the contract’s worth). This was pushing things a bit too far even for the kleptocracy that has ruled the Philippines for generations (only the faces change, not even the names as the next generation of the various feudal dynasties take their turn at the trough) and one leaked message memorably asked the recipient to “moderate the greed”. It became the cause of a major feud within the ruling class, costing the Speaker of the House his job when he got on the wrong side of the Arroyos and their mates. Gloria can-celled the contract (which was wastefully duplicating other broad-band projects), describing it as “anomalous”, a textbook example of political understatement, but the damage to her regime had been done.

Things took a potentially sinister turn when an insider whistleblower, Jun Lozada, turned up. The Government had been aware that he was about to spill the beans, so they packed him off overseas on an all expenses paid trip to dodge a summons from the Senate which was investigating the scandal. When he flew back into Manila in early 08 Senate officials were waiting at the airport to take him into its custody to compel his testimony – but Gloria’s policemen got there first, taking him right off the plane and away on an all night mystery tour while they tried to work out what to do with him and got him to sign a bogus document saying that everything was in order. He managed to contact the outside world and get out of the clutches of his uniformed captors (unlike so many unfortunate victims of State abductions, who are never seen again, alive or dead) into the sanctuary of the clergy who duly delivered him to the Senate, where he told the devastating truth about the whole sordid scandal. At the time of writing this has still got a long way to run. But it’s only the most recent, albeit highly spectacular, example of the corruption by which the ruling class has bled the Philippines for generations.

There is nothing subtle about it, no attempt at concealment. To give another recent example - in late 07, a large number of central and provincial government politicians were summonsed to meet the President at the Palace. As they left they were each handed a brown paper bag containing up to P500,000 in cash (more than $NZ15,000). It wasn’t until days later that one (and only one) of these politicians, a former priest turned newly elected crusading provincial Governor, made it public, said that it stank and that he was returning the money. A handful of his colleagues spoke up, defen-ding their acceptance of this blatant bribery, saying that it was for their political “expenses”, it was coming up to Christmas after all, and that it must be above board because it came from the President. Words fail me. In New Zealand we’re used to election bribes but they don’t come quite so literally, in cash, in a paper bag, doled out by the leader’s flunkies in broad daylight, like Mum issuing school lunches to the kids.

Human Rights: Slight Improvement

Of course, the focus of Kapatiran’s 2007 cover story was on the human right crisis and that has also been the focus of PSNA’s work for the last two years, not to mention that of a goodly number of other organisations, in the Philippines, NZ and in many other countries. It has attracted the critical attention of the international media and foreign governments, including that of New Zealand (to its credit). A year later the depressing litany of unsolved and unpunished political murders, disappearances, trumped up imprisonment, torture and systematic intimidation of all real or imagined political opposition goes on. But there is a slight improvement – it does not continue unabated. The culture of impunity (by which nobody has ever been charged with any of these appalling crimes of State terrorism) continues and the political killings continue – but the number ac-tually dropped in 2007. Not because there are any less “enemies of the State” to kill but because of foreign pressure. That is the conclusion of informed analysts in the Philippines. There have still been nearly 900 political murders (all unsolved and unpunished) since Gloria came to po-wer in 2001 but the rate has noti-ceably dropped. It seems a macabre sort of achievement to be pleased about (the only NZ equivalent that I can think of is the annual cold blood-ed analysis of the road toll, namely whether it has been a “good” or “bad” year in terms of the number of deaths).

And there have been some shining bright spots in what is a pretty bleak situation. Kapatiran 27/28 featured a cover photo of Congressman Crispin Beltran (universally known as Ka Bel) in custody (in hospital, for which he had to pay an exorbitant amount). He was the only serving Leftwing politician to have actually been arrested in Gloria’s February 2006 declaration of a State of Emergency. Attempts were made to arrest his five legal Left Congressional colleagues (representing three Party List Organi-sations, which have a guaranteed number of seats in Congress, to en-sure representation for the pre-viously unrepresented), but they were all able to evade arrest and reach sanctuary in the Congress Building, under the protection of the Speaker. This set off a major constitutional row in its own right, but the President backed off from sending in troops or cops to arrest them. All five, who faced the same non-bailable charge of rebellion as Ka Bel (and it carries sentence of life imprisonment) spent a couple of months living in their workplace until a deal was struck whereby they could triumphantly march out, without fear of arrest or imprisonment, to appear in court. But Ka Bel remained in custody, firstly in prison and then in hospital. He’s in his mid 70s and has numerous health problems, some of them arising from his first lengthy spell in custody (he was a high profile political prisoner during the Marcos martial law dicta-torship of the 1970s and 80s), so there were serious concerns about whether he would come out alive. The Philippine judicial system is scandalously slow at the best of times.

But Ka Bel lost none of his fighting spirit in his new role as Gloria’s most high profile political prisoner and he became a global cause celebre, with an international Free Ka Bel cam-paign quickly springing up. PSNA took the initiative in NZ and, as detailed in Kapatiran 27/28, we got all manner of NZ groups to conti-nuously lobby NZ’s Prime Minister, Helen Clark (who met Gloria three times in 2006 & 07, both in the Phi-lippines and NZ) to personally urge Gloria to release Ka Bel. We also raised several thousand dollars for his costs (his hospital bill was hun-dreds of US dollars per week; to add insult to injury, he had to pay for his own trumped up imprisonment). Pro-portionately, this campaign in little New Zealand seemed to have a greater impact than those in bigger Western countries, and certainly more so than in any of the Philip-pines’ Asia/Pacific neighbours. We had the advantage that Ka Bel is well known in NZ because of his de-cades’ long career as Chair of the militant trade union confederation, the Kilusang Mayo Uno (May First Movement, KMU). It was in this ca-pacity that PSNA hosted him on an NZ speaking tour in 1999.

In the end Ka Bel endured 16 months of totally false imprisonment. He was in custody throughout and beyond the entire campaign for the May 2007 mid term elections, at which the Party List Organisation Representatives are elected ac-cording to whether they achieve a set percentage of the total vote (in the three years since the last mid term election, grassroots and mid-level activists of the three Leftwing Party List Organisations with Re-presentatives in Congress – Bayan Muna, Anakpawis and Gabriela – had been the main targets of Gloria’s campaign of systematic political murders). Despite being the targets of these murders and relentless intimidation of both the Party List Organisations themselves and those likely to vote for them (the military occupied whole slums in Metro Manila during the election campaign to dissuade the inhabitants not to vote the “wrong” way), those three Party List Organisations retained their same total of six Congresspeo-ple between them. They were disappointed that they didn’t in-crease their numbers (the aim of this parliamentary strategy of the legal Left is to build a sizeable enough bloc in Congress to be a real force; they were aiming for double figures) but in the circumstances I think that they did extraordinarily well to survive in Congress at all, let alone retain their numbers. And Ka Bel was one of those re-elected, despite being in custody and still awaiting trial, with the very real possibility of life imprisonment.

Ka Bel Released

In mid 2007 the whole criminally malicious business came to an end when a court dismissed all the charges against all 50 or so defendants charged with rebellion from the alleged “Right/Left conspiracy” that Gloria used as a spurious justification for her February 2006 declaration of a State of Emergency. The defendants ranged from Rightwing serial put-schists and military rebels to the underground and/or exiled leadership of the Communist Party of the Philippines on the Left, and included all six of the legal Left Party List Organisation Representatives and a whole raft of legal Left activists. It should be noted that the charges weren’t dismissed as a result of a trial – it never got as far as a judge actually having to evaluate the absurd “evidence” that the Government presented (including that given by hooded witnesses, an old favourite of all State terrorist regimes). No, the charges were dismissed before it ever got to trial because the judges could plainly see that it was all bullshit and had no hesitation in making their displeasure publicly known about the courts being used as instruments of blatantly political repression.

But Ka Bel, and Ka Bel alone, remained in custody while the Government considered an appeal. It duly did so and had its face slapped again. The courts had already ordered Ka Bel released due to there no longer being any charges against him and he was ordered released a second time. This time the Government had no alternative but to do so. He had been in custody from February 2006 until July 2007 and he wasted no time in being sworn in again at Congress and resuming his duties as a Party List Organisation Representative of Anakpawis (Toiling Masses). He remains a high profile Congressman and a target of the regime in every sense of the word – recently he was injured (but not too seriously) in a Metro Manila traffic “accident” that justifiably aroused suspicions. And he was targeted by a representative of Gloria’s party who offered him a sizeable bribe to sponsor a feeble impeachment motion drawn up her own party. When Ka Bel refused, the would be briber doubled the amount on offer (to P2 million). There is a reptilian cunning behind this – if a Congressman signs a motion of impeachment, no other Congress-man can put forward another im-peachment motion for a year. Glo-ria’s party hacks must have thought that Ka Bel would have jumped at the chance, but he could see through this transparent manoeuvre, which he proceeded to make public and denounce.

By happy coincidence, Becky and I happened to be in Manila, on a long planned family visit, just weeks after Ka Bel was released. So we were able to go to the official celebration of his release, along with several hundred other people (if there were any other foreigners there, I didn’t see them; the whole thing was in Filipino, which Becky obligingly translated for me). This was the first time that we’d seen Ka Bel since he’d been our guest in 1999 – he immediately asked: “How is Christchurch?” and introduced us to his colleagues, saying “I stayed in their home”. It was great to see him again, and he spent quite a bit of time chatting to me. His speech was the centrepiece of the whole hours long event – he brandished aloft the short and polite speech that his staff had written for him, worried that the Government would take any opportunity to have him rearrested and locked up again. Ka Bel duly read that out, for the record, then spoke for nearly 90 minutes delivering one of his classic stemwinding militant speeches, with much clenched fist saluting, to thunderous applause. The biggest laugh went up when he detailed how, towards the end of his hospital imprisonment, he had hatched a plan to escape, disguised as a doctor (he had escaped from his 1980s’ indefinite term of imprison-ment and spent a couple of years underground until Marcos was overthrown).

Ironically he spoke so long and the event went so much over time that there was no time for the short speech that I had been invited to give on behalf of PSNA. No matter, and anyway, PSNA was among those listed for thanks by the organisers. Being able to attend that event was a real privilege and one of the highlights of any of my several trips to the Philippines (which started 21 years ago).

NZ Protests During Gloria’s Visit

New Zealand had played a key role in the campaign to free Ka Bel, as I have already mentioned. That reached its climax in May 2007, when Gloria made a State visit here, only the second Philippine President to do so (Fidel Ramos was the first, in the 1990s). To coincide with it, a number of Auckland activists and unions organised an NZ speaking tour by the KMU’s Dennis Maga, who was the organiser of the Free Ka Bel campaign in the Philippines (PSNA hosted him on his flying visit to Christchurch, where he spoke at a well attended public meeting). Dennis really made the lead stories in both the NZ and Philippine media when he appeared in a cage at a protest outside the State luncheon for Gloria at Parliament and denounced her as the worst President that the Philippines has ever had. He was prominent at the protest at Waitangi where Helen Clark and Gloria were co-hosting one of a series of Asia/Pacific Interfaith Dialogues (which was the reason for one of Helen Clark’s 2007 visits to the Philippines). Dennis also undertook a number of union solidarity tasks with NZ workers in Auckland. All of this drew him, unfavourably, to the attention of the Philippine authorities. There was some trepidation about him going home, which he duly did but not for long. Suffice to say that he now lives in Auckland, working for the NZ Council of Trade Unions and doing a very good job organising the swelling tide of Third World migrant workers in this country.

The Philippines very rarely gets a mention in the NZ media but its appalling human rights record was suddenly thrust into the limelight because of the protests during Gloria’s visits. Gloria, Ka Bel and Dennis Maga were suddenly all over the TV, radio and papers for a few days. The murderous nature of the regime even featured in unexpected outlets such as the daily cartoon in the Christchurch Press (it’s on the cover of this issue). And when Becky and I were in Manila in August 07, we learned from unofficial sources that Clark’s personal intervention with Gloria during that May State visit had quite possibly saved the life of one political abduction victim. Dennis Maga’s NZ union hosts had publicly highlighted the guy’s abduction, Clark had apparently heard of it and raised it with Gloria. Embarrassed, the President had ordered an investigation and the victim, a pastor, was suddenly surfaced, having been told by his kidnappers and torturers: “You’re lucky, you have friends in high places”. He remains in custody, on trumped up charges, but he is alive and his whereabouts are known, which is not the case with many others of the disappeared.

NZ Human Rights Commission Project In Philippines

The New Zealand government has decided to get directly involved in the Philippines human rights crisis, as a direct result from the concerted lobbying of Helen Clark by PSNA and numerous other groups and individuals. Clark asked the Human Rights Commission to see what it could do. In February 2008 (on the deliberately chosen date of Waitangi Day), the Human Rights Commis-sioners of the Philippines and NZ signed an agreement for the NZ Human Rights Commission to run a project, costing nearly $NZ1 million, with indigenous communities in three different parts of the Philippines – the Cordillera, the Visayas and Min-danao.
In April, I was one of three PSNA members (representing both ourselves and Christian World Service) to meet Rosslyn Noonan, the Chief Human Rights Commis-sioner, at her invitation, to discuss the project. Details are still being worked out but she said that this is both unique for the Commission – it has no other such foreign project – and unique in the Philippines, in that no other country’s equivalent organisation is running a project there. The actual work on the ground is being done by the Philippines’ Commission – selecting the indige-nous communities, picking the community development officers from within those communities, and ascertaining the priorities of those communities. Human rights will not necessarily be their top priority. The NZ Commission is overseeing it from here, with regular field trips to the Philippines, but no New Zealanders will be working at the coalface. The Commission is also developing a relationship with the Human Rights division of the Philippine National Police, more so than with the equivalent section of the military. Separate to all this, there has been talk of getting a former Waitangi Tribunal judge to assist with the resolution of indigenous land claims in Mindanao, following up from a 2006 visit that he made to the Philip-pines.

This is all well and good, but the proof of the pudding is in the eating. The Philippines has had, for many years, all the necessary formal human rights institutions, such as a Human Rights Commission, and the Government assures the world that its police and military are already subject to human rights oversight. The reality, sadly, is the diametric opposite of that. It remains to be seen what will actually come out of this NZ project (and Rosslyn Noonan was at pains to stress to us that “it’s not a panacea”), how it will be monitored, etc, etc. She has undertaken to include PSNA and similar groups in regular meetings every few months to keep us informed.

Another Left Congressman Imprisoned & Freed – And Charged Again

The systematic human rights abuses and the culture of impunity which comprise Gloria’s reign of State terrorism carry on, although no longer regardless of what the rest of the world thinks. But the brazen nature of the whole thing is really quite breathtaking. Let’s just take one very high profile example, from 2007. Congressman Satur Ocampo is a Bayan Muna Party List Organi-sation Representative and was a high profile leader of the under-ground National Democratic Front (which includes the Communist Par-ty of the Philippines and its New People’s Army) during the 1970s and 80s Marcos martial law dictatorship. He spent years as a political prisoner. As one of the six legal Left Congresspeople Ocampo was among those charged with rebellion following Gloria’s 2006 declaration of a State of Emergency but, unlike his colleague, Ka Bel, was not held in custody. While he was still awaiting the outcome of that grave charge (which was dismissed against all 50+ accused, in mid 07) he was arrested on patently trumped up charges of murder dating from the mid 1980s. The military had resorted to one of its favourite old tricks of producing “bones from a mass grave of Communist victims” (no forensic examination is ever done and the same bones, which are much more likely to be from victims of military massacres, get plenty of use in different cases), and persuaded a compliant provincial judge to issue a warrant for Ocampo’s arrest.

He was held in Manila custody and then there was a very public, very dramatic attempt to fly him, by chartered plane, to that province where the media reported that the military had assembled a lynch mob. While the plane was in the air, a Manila judge ordered his return and, after several weeks in custody, the Supreme Court ordered his release on bail. As murder is a non-bailable charge, this move alone shows what the courts thought of the Govern-ment’s case against him (he was actually in secure military custody as a political prisoner when he was supposed to have been responsible for the murders in the 80s). Nothing more has been heard of the matter, and the most important fact about it was that it was just weeks before the May 07 midterm elections when Bayan Muna (Country First) was leading in the Party List Organisation polls. Not surprisingly, when you take into account that degree of political harassment, Bayan Muna did not come first but it did well enough for Ocampo to be re-elected and for the three legal left Party List Organisations (Anakpawis, Bayan Muna and Gabriela) to retain six Congresspeople. That provincial judge is still rubberstamping arrest warrants against political activists charging them with murder from that alleged 1980s “Communist massacre” – in 2008 a national leader of the KMP peasant movement has been arrested and held in custody in that province on exactly that same trumped up charge.

In April 2008, prosecutors in another province filed new and different murder charges against Ocampo, his two Congressional colleagues Liza Masa and Teddy Casino and former Congressman Rafael Mariano (who did not get re-elected in 2007). All four were among those charged with rebellion, and acquitted, in 2006. These latest charges do not refer to some alleged “Communist mass grave” but to the much more recent deaths of alleged defectors from the Communist Party. The slur is that these elected Representatives are actually Communists who have recently arranged to have people killed (the victims’ supposed crime is that they were campaigning for a rival Left Party List Organisation). The complainants are the widows, backed by a supposed eyewitness who claims to have been at a meeting where the accused ordered the murders. This is standard operating procedure for military intel-ligence, to entice or coerce people to give plainly fab-ricated evidence against Gloria’s opponents.

At the time of writing, no arrest warrants have been issued and Ocampo et al remain free. He claimed it is an attempt to distract him from leading rallies and campaigning about the rapidly developing rice crisis that is enveloping the Philippines in 2008. It is not at all coincidental that this happened immediately after he and two other Leftist Congress-people (one of them being Ka Bel) returned from testifying to the Canadian Parliament’s Subcommittee on International Human Rights about the ongoing human rights abuses in the Philippines.

Chief Justice Renato Puno has had enough of this non-sense from the Government and its military and police hitmen. In 2007 he announced that the Supreme Court would henceforth play a much more proactive role in rectifying the human rights crisis. He convened and presided over a national summit to discuss human rights (Ka Bel was among those who participated) and announced that plaintiffs could use a new legal weapon against the military and police, namely a writ of amparo, which allows the plaintiffs to have military camps searched for missing people believed to be in the secret custody of the military (which maintains a whole network of secret prisons and safe houses). Previously the military would flatly deny that it held the person being sought and would defy court orders by contemptuous gestures such as summonsed officers not appearing in court. The new writ, which backs up the existing power of habeas corpus (demanding that the sought person be produced in court) has actually worked in a few cases, with a handful of the disappeared suddenly being surfaced and even being freed (hundreds remain disappeared though, in addition to the nearly 900 political murders and the hundreds rotting in prison on trumped up charges. As for torture, it is not even illegal under Philippine law).

Gloria Gets Dutch To Help Frame Joma Sison, Unsuccessfully

Not content with attempting to frame its Leftwing opponents at home, Gloria’s government has taken its campaign of political persecution global. Joma Sison was the founder of the Communist Party of the Philippines in the 1960s and the “highest value” political prisoner of the Marcos martial law dictatorship. He was released after People Power 1 overthrew Marcos in 1986 and shortly thereafter went on a world speaking tour, including NZ (I heard him speak in Christchurch; Helen Clark, then an up and coming MP in the 1984-90 Labour government, attended his Wellington meeting). In 1987 the Philippine government of President Cory Aquino withdrew his passport and he went into exile in The Netherlands, where he has remained ever since, as the Chief Political Consultant of the National Democratic Front (NDF). The Dutch government has always treated him with disdain, refusing to accept him as a political refugee and in the global hysteria after the 2001 terrorist atrocities the US, the Philippines and the European Union all placed him on their lists of “fo-reign terrorists” (ludicrously, along-side such anti-Communist obscuran-tists as Osama bin Laden). This led to severe restrictions on Sison’s abi-lity to live in The Nether-lands – already prohibited from working, he lost any welfare benefits and housing provided by the Dutch State and has had to rely on the charity of friends and supporters. He has won case after case against these restrictions, including a successful 2007 challenge to being on that list of terrorists (he was immediately restored to a “new” list).

So the international campaign of political persecution was stepped up a gear. In August 2007, Dutch police stormed the offices and homes of NDF officials (whose headquarters in exile is in Utrecht), seizing compu-ters and files and arrested Sison, not on trumped up charges involving those much used “bones of Commu-nist massacre victims” but for much more recent killings of former Communist Party figures who had defected for various reasons. Although these killings had taken place in Manila, the Dutch cops asserted that they had been planned and ordered from Utrecht, so that Sison had committed conspiracy to murder on Dutch soil. They announced that he would not be sent back to the Philippines, but tried in a Dutch court for offences against Dutch law and, if convicted, spend the rest of his life in a Dutch prison. He was held in solitary confinement for several weeks, with all visitors barred (including his wife and lawyers). It transpired that all the “evidence” came for Philippine intelligence sources, with the embittered widows very prominent. The “conspiracy to murder” charges collapsed when a Dutch judge threw them out for lack of any credible evidence and then the State’s appeal was dismissed.

It never even got near to a trial or even to the Dutch equivalent of our depositions hearing where a court decides if the prosecution has enough evidence to justify a trial. Normally multiple murder cases take years to be heard – the case against Sison collapsed within weeks, he was unconditionally released and resumed his previous life, going back to fighting the restrictions imposed on him as a “terrorist”. The Philippines had managed to per-suade a biddable Rightwing Dutch government (which is playing a pro-minent role in the “War On Terror”) to do its dirty work for it but, as in so many such frame ups at home, it didn’t even get close to making the charges stick. Maybe that’s why it prefers the cruder tactics of murder, abduction, torture and false impri-sonment, rather than anything invol-ving an actual trial, with evidence and witnesses.

And note that exactly the same template is being followed in the 2008 murder charges against Congressman Satur Ocampo – widows of alleged “Communist defectors”, backed by “eyewitness” accounts of alleged conspiratorial meetings where murders were or-dered, being used by military intel-ligence and their allies in the legal system to try and smear Gloria’s opponents, maybe even get lucky and get them tied up in a trial on these trumped up charges. The aim is not really to get these people locked away for life - although that would definitely be a bonus for the regime – but to seriously harass and intimidate them and neutralise them politically by means other than murdering, abducting or torturing them. It is another form of State terrorism.

Systemic Change Is Needed, Not Just A New Face As President

So, to conclude, this is where things are at in 2008 in the strictly nominal “democracy” that is the Philippines under Gloria Macapagal-Arroyo. I’ve highlighted two areas of major sys-temic abuse, namely those of cor-ruption and human rights. There has been a bit of progress with the latter, in that the appalling rate of political murders has slowed down a bit, but certainly not ceased, and the regime feels the need to mollify its nume-rous foreign critics by being seen to do something about it (as long as it doesn’t involve actually stopping the State terrorism). And talk of progress in human rights is strictly relative. For instance, Ka Bel should never have been arrested, charged or im-prisoned in the first place, so to describe the dismissal of the charge against him and his release as a victory for human rights is one which can only be understood in the paral-lel universe of the Philippines. Gloria would have liked it if he was convicted and put away for life for rebellion (unlike Estrada, there wouldn’t have been any pardon) but in any event he was taken out of circulation for nearly a year and half and it was but one of the many tactics she used to try and cripple her opponents. Legal niceties don’t come into such brutal power equations.

I haven’t even touched on the economy, with its mass unemploy-ment, dependence on the money sent home by the 10% of the population who are working over-seas (there is currently a growing wave of Philippine middle class pro-fessionals and skilled tradesmen emigrating to NZ, complete with their families – which raises a whole other story of exploitation in this country), huge disparity in wealth distribution and resulting poverty. There is the scandalous situation of the Philip-pines having become the world’s biggest rice importer (for a variety of reasons, including the lack of land reform, concentration of land owner-ship in the hands of a tiny number of feudal dynasties, inefficient pre-In-dustrial Age farming practices, and the conversion of prime rice growing land into more profitable subdivi-sions or golf courses). In 2008, there is a global shortage of rice, the price has gone sky high and exporting countries are keeping more for their own people rather than selling it to the Philippines. Like all insecure rulers, Gloria fears food riots and has taken a number of measures, for public relations photo opportunities, to try and reassure Filipinos for whom rice is their staple daily food.

There continues to be mass opposition to Gloria (over and above the decades’ old wars being waged by both the Communist and sepa-ratist Muslim guerrillas) but numbers have not yet reached those which successfully threw out Marcos and Estrada. Gloria came to power herself as the result of People Power 2 and she has most definitely been no improvement on Estrada. Filipi-nos realise that what is needed is not simply a change of face at the top, replacing one mass murdering crook with another (which is a suc-cinct but accurate summary of the whole history of government by the traditional ruling class) but a com-plete systemic change, and a new direction for the country, one in which the interests of all the Filipino people come first, not those of a tiny handful of rich landowners and poli-ticians who treat the nation’s wealth as their own and who back up their plunder with institutionalised vio-lence. That is a long, hard struggle but one in which they are confidently engaged, because they know that there is nowhere to go but up.

Murray Horton is Editor of Kapatiran and Secretary of PSNA. He has visited and lived in the Philippines several times over the past two decades, most recently in 2007.


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