Criminalizing Children in Jails by Fr. Shay Cullen

If you are able to visit the child detention centers in Metro Manila and other places in the Philippines, you will see the gaunt young faces of bored, frightened, malnourished 10- to 16-year old boys and girls looking out sadly depressed through steel bars. They are prisoners. It is the local government’s only response and they ignore the law that says the children in conflict with the law must have diversion, no jail and punishment and instead have restorative justice. This is supposed to end punitive justice.

The rule of law however is not always implemented in the Philippines and local governments send children in conflict with the law to jails instead of providing them with decent homes. It is not the end of brutal punishment, it is the beginning. The children are punished with severe detention in decrepit conditions in overcrowded jail cells where they suffer neglect, deprivation, hunger and abuse from the bigger older inmates and sometimes the guards. Some children, especially the girls but the small boys also, endure sexual abuse, rape and beatings.

This mentality of neglect comes from a corrupt government who has no understanding, concern or compassion for the impoverished street children who steal to survive or are used by adult criminals to commit crimes. The adult criminals are not punished, just the children.

The law known as Republic Act 10630, which amended the Juvenile Justice and Welfare Law or RA 9344, declares that any child under the age of 15 years who commits a serious crime. . . “ shall be deemed a neglected child under Presidential Decree No. 603, as amended and the child shall be mandatorily placed in a special facility within the youth care facility or Bahay Pag-asa called Intensive Juvenile Intervention and Support Center. Moreover, repeat offenders, or children who have committed crimes more than three times, would also be considered as neglected children and, as such, must undergo intervention programs supervised by the local social welfare and development officers. The law would impose the maximum penalty for those who exploit children such as syndicates, for the commission of criminal offenses.”

None of the children in these jails, called youth centers, or Bahay Pagasa (ironically House of Hope) have been convicted of any crime. The law is supposed to see that they are not charged in court as an alleged criminal if they are below 15 years of age. The law says they ought to be in a home if they have been accused with some wrongdoing however small or big it may be.

The Congress is now finished debating the merits of amending the law and while some are for declaring that children ought to be tried as criminals at nine years old, this has been softened to make it 12 years old. This compromise change is being challenged and opposed by Unicef , the Juvenile Justice Welfare Council and many NGOs and professional psychologists who have all made their submissions to the congressional technical working group. The Senate, supposedly wiser and more learned, has not proposed a corresponding bill of its own. Only a few hard-hearted senators who see children as criminals are proposing a corresponding law.

The present practice of jailing the children under 15 years of age and above by each local government unit instead of providing a decent caring home for children in trouble is detrimental to the welfare of the children, violates their human rights and causes life-long damage.

Developmental psychologist Dr. Liane Pena Alampay, associate professor at the Department of Psychology in the Ateneo de Manila University says that “this causes young children to see themselves as criminals and to grow up with a warped and changed understanding of themselves,…putting children behind bars them on a lifelong negative trajectory.”

If there is to be any amendment to the present law that is deemed by many in the Philippines and in the international community as a good positive law, it ought to mandate that the Department of Social Welfare and Development (DSWD) be the agency that will set up and manage the children’s homes in the country. This will relieve the local government of the obligation to do it. A large increase in its budget is needed for the management and administration of the homes and for the training of professional staff, therapists and counselors and skilled vocational training specialists is needed.

But immediate arrangements ought to be made whereby local governments have to be persuaded to enter into a legal agreement with the DSWD to turn over responsibility for the local Bahay Pagasa to them or to a competent NGO. The local government will fund it but the DSWD or the NGO will manage the diversion programs and accommodation for the children in existing youth centers.

The national government should allocate funds to the DSWD or to the NGO for the renting of alternative houses for the care and training of the children. Community-based programs with skilled community workers must be developed also so the children are helped in the families and communities and not jailed.

The terrible abusive condition of the hundreds of jailed children, the daily violation of their rights under the constitution and violations of the child protection law is an affront to human dignity and an insult to the national pride. The way we treat our children is a reflection of the Philippines as a nation and it’s not looking very good right now.

IWA Hymn Lyrics — International Women’s Alliance

RESISTANCE: A SONG OF QUOTES IN WOMEN’S STRUGGLES Lyrics by Joi Barrios-Leblanc Music by Tony Palis (Nov. 6, 2015) INTRO: STAND WITH ME, ALL MY SISTERS FOR NO BATTLES ARE FOUGHT ALONE HERE WE PLEDGE, OUR LIVES WE OFFER HEART AND SOUL, AND FLESH AND BONE IN THE FACTORIES AND OUR KITCHENS WE LABOR LIKE […]

via IWA Hymn Lyrics — International Women’s Alliance

Families of victims of political killings and drug-related killings come together, call to stop the killings

“We should unite for justice more than ever.”

Rights group Hustisya gathered families of victims of killings this afternoon, including families of victims of enforced disappearances and political prisoners under past regimes on one hand, and victims of the drug-related killings under the Duterte government on the other.

“People are killed, detained in cramp cells and even secret detention centers. Many were even made to disappear without a trace. Who are the real criminals? They who trample upon the rights of the people, state forces that use all their might to suppress the people who thirst for genuine change,” said Evangeline Hernandez, Hustisya chairperson and mother of slain activist and human rights worker Benjaline Hernandez.

Under the Duterte government, there are already 47 victims of political killings under the AFP’s counter-insurgency plan Oplan Kapayapaan.

“Under the past regimes, we fought for justice and sought audience here and abroad to stop the political killings. Yet, the killings continue to this day. People who fight for lands, the rights of their communities. Those who confront injustice and exploitation were killed with impunity. Where are the killers? They are now military officials, they remain at the helm of the military,” said Hernandez.

Hustisya believes political killings and drug-related killings are both done with impunity. It violates the rights of the people to due process and most especially their right to life.

“Illegal drugs in the country should be eradicated. It is a grave socio-economic problem that victimizes the people, especially the poor. But it should be addressed by effecting genuine socio-economic reforms for the people. Filipinos should be salvaged from extreme poverty, exploitation and drug abuse. They should not be ‘salvaged’ by the police and the military, killing them in the name of the war on drugs,” Hernandez said.

Hustisya hopes to enjoin the people, especially families of victims of drug-related killings to speak out, so “we can unite against fighting a common enemy – the rotten system which perpetuates impunity and violations to human rights.”

Titled “Pakinggan Natin,” Hustiya held the activity in cooperation with the Rise Up! Campaign for Life and Rights, a network of church workers and rights advocates calling to stop the killings.

“We call on all peace and justice-loving people to support the call to stop the killings. Please join us in putting an end to impunity. We urge Pres. Duterte to nip the butchers and rights violators in the head,” appealed Hernandez.

Highlights of the activity included testimonies from families of victims of political killings, whose kin have taken on the quest for justice. There were also testimonies from families whose relatives were killed in the context of the Duterte government’s war on drugs. ###

Fourteen workers killed, harassments increased, workplace deaths multiplied in Duterte’s 10-month in office

Fourteen workers were killed in politically motivated killings and workers are restive over absence of significant change in their condition that has not come under the Duterte administation, says a labor rights NGO, Center for Trade Union and Human Rights (CTUHR). This number is more than twice the six (6) victims during Benigno Aquino’s first year in office.

CTUHR has recorded 14 political killings among workers, farmworkers and urban poor since President Duterte came to power. Farmworkers resisting land grabbing were targeted more. On the evening of January 20, 2017, Alexander Ceballos, 54, was shot and immediately died close to his house in Brgy. Pandanon Silos, Murcia, Negros Occidental allegedly by a gun for hire by political clan in province’s Salvador Benedicto town. Ceballos, a regional council member of the National Federation of Sugar Workers (NFSW), and farmworkers organizer in Murcia and Salvador Benedicto, was with his wife and children when the gunmen fired three shots before escaping with the two companions on their separate motorbikes.

Workers were also not spared from `Oplan Tokhang-style’ of silencing victims. Glenn Ramos, a construction worker who served as a Bayan Muna coordinator in Compostela Valley was killed “tokhang-style.” For quite a while, before he was killed, the military accused him of being a member of the New People’s Army. The CIDG (Criminal Investigation and Detection Group) claimed that they were serving Ramos an arrest warrant but Ramos and refused to submit himself and drew a weapon or ”nanlaban,”resulting to a brief firefight. This resembles much of the war on drugs killings. Ramos sustained 2 gunshot wounds in the body .

Another victim of the “tokhang-style” persecution was Joel Lising, an organizer and leader of Pagkakaisa ng mga Tri-Wheels Organization para sa Kabuhayan or PATOK in District 1 of Manila. Lising, was the leader of Tri-wheel drivers opposing the Manila local government’s plan to phase-out three-wheeled vehicles such as the pedicab, tricycle and kuliglig. Lising was accused of involvement in drugs and was shot by two (2) unidentified men riding-in-tandem.

Military’s drive against the “rebels” did not discriminate even innocent victims. Two (2) small-scale miners in Agusan del Norte and three (3) rubber plantation workers in Basilan were killed in separate incidents when soldiers fired at them under the suspicion that they are rebel supporters. They were later proved to be simply workers and not part of any rebel armed group.

However, even the war against drugs was also used not only to attack human rights defenders but also to sow anti-union sentiments. In Mindanao, CTUHR received reports that during the AFP’s anti-drug symposiums, the military discourage workers from joining unions especially those that are affiliated with the militant labor group, Kilusang Mayo Uno (KMU), claiming that the labor center was an NPA front. KMU-Southern Mindanao Region also reported that union leaders are harassed, as soldiers summon them, similar to those in drugs watch-list, to a meeting in the barangay center.

Aside from the killings and harassments, 57 other cases were monitored by the Center, including attempted killings, arrests and detention, assault on picketlines and others. The figure may be higher as CTUHR is unable to cover other areas.

“The killings and intensified militarization smack of the Duterte administration’s desire for peace. It is a complete paradox that this administration says it wants to uplift the poor and marginalized, to give them better life, when farmer advocates and innocent workers suspected as rebels are killed. Same for the victims of war on drugs whose death were swift, leaving wailing and restive family members,” said Daisy Arago, CTUHR Executive Director.

Workplaces are not space for workers to breathe a sigh of relief. Accidents and workplace deaths are at a record-high in the 10-month period of Duterte administration. Whilst the 72 victims of Kentex fire is still not given justice, controversies hound the almost 48-hour fire at the House Technology Industries (HTI) in Cavite Export Processing Zone (CEPZ) on February 1, 2017 when authorities claim that only five (5) died from severe burns at the hospital. Witnesses and data gathered by CTUHR-led National Fact-Finding Mission indicated that hundreds have died in the fire, which were kept covered-up by authorities. Workers in the enclave noted that CEPZ and authorities will indeed cover-up the incident to evade further liabilities and damage to the company, and avoid negative image on the foreign investors. Apart from the 5 declared dead in the HTI fire incident, 21 other workers were reported dead in different work accidents including the gas explosion in Pasig which killed 10 workers.

“As the world marks the first Labor Day under this administration, Filipino workers need only to remember the promises that catapulted President Duterte to power and to struggle, to collect what is due them,” Arago ended.

Ensure Luisita distribution to show resolve in land reform, peace – IBON

IBON today urged the Duterte administration to ensure the distribution of the Hacienda Luisita and provide support services to farmers to show its resolve in firming up free land distribution as the basic principle of genuine agrarian reform during the last round of peace talks with the National Democratic Front of the Philippines (NDFP). The group said that effectively dismantling the Hacienda Luisita land monopoly should be a top priority and could be implemented even prior to the signing of a Comprehensive Agreement on Social and Economic Reforms (CASER), one of the key agreements being negotiated by the government and the NDFP as they seek to end almost five decades of armed conflict mainly caused by widespread rural landlessness.

The group stressed that such urgency is justified considering the long delay in and attempts under the previous Aquino administration to undermine the distribution of Hacienda Luisita, which have unjustly deprived its tillers of effective control over the vast sugarcane estate even after the Supreme Court (SC) has already ruled in their favor. IBON cited the controversial “tambiolo” (raffle) system that resulted in the displacement of long-time tillers in Hacienda Luisita from the land distribution ordered by the SC in 2012 and the disqualification of farmers as beneficiaries of land distribution for refusing to sign the contract on amortization. The group also pointed out that portions of Hacienda Luisita have been exempted from land acquisition and distribution in favor of the Cojuangco family that has controlled the estate for decades even when these have not been really developed for their stated industrial use.

The problematic land reform program of past administrations and the need for a sustained state support for the beneficiaries are further highlighted by reports being verified by the Department of Agrarian Reform (DAR) that as much as 95% of the 6,212 farmer beneficiaries in Hacienda Luisita have leased their lands for Php7,000 to 10,000 a year while settling for meager wages, IBON said.

Breaking up large landholdings for free distribution to farmers and providing sufficient and reliable support services to ensure that they keep and make the lands productive is seen as among the necessary first steps towards achieving peace. IBON pointed out that the 6,453-hectare Hacienda Luisita has become the symbol of peasant landlessness and of monopoly control by powerful landlords over land and resources in the country.

IBON also reminded President Duterte that land reform and agricultural support services are among his campaign promises. Fulfilling this will not just address the urgent needs of Filipino farmers but could also boost the CASER discussion and overall peace negotiations with the NDFP.

The group added that since there is already the SC decision as well as ongoing efforts by the DAR to reverse anti-farmer policies previously carried out in the sugarcane estate, the actual transfer of effective control over the Hacienda Luisita to the farmers could be already implemented with strong support from the President even as the CASER has not been finalized yet. But IBON stressed that finalizing a CASER and its provisions for a genuine agrarian reform and rural development program is important to ensure that the distribution of Hacienda Luisita and other large landholdings in the country will be sustained and will truly benefit the farmers.

How can the nation walk the path towards a just and lasting peace?

While there is growing optimism among human rights groups and peace advocates on the resumption of the formal peace talks between the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NJDFP), the failure on the part of the Armed Forces of the Philippines (AFP) and its paramilitary forces to end the long practice of human rights abuses is an outlandish blow against all the Filipino people who are working towards a just and lasting peace.

Despite the AFP’s suspension of military operations (SOMO) against the New People’s Army (NPA) during the 5-day unilateral ceasefire declared by President Rodrigo Duterte, it is extremely outrageous that military elements and the AFP-backed paramilitary forces have continued atrocious combat operations in communities they tagged as stronghold of the NPA.
Reportedly, a few hours before the president lifted the unilateral ceasefire on July 30, eleven (11) elements of the 8th Infantry Battalion Philippine Army headed by Alde ‘Butsoy’ Salusad, a leader of New Indigenous People’s Army for Reform– (NIPAR) indiscriminately fired at a house where 80 people from the Tighawanon tribe are attending a wedding ceremony in Barangay Kawayan, San Fernando, Bukidnon.

The military did not spare anyone, targeting both young and old. After shooting spree that lasted for 10 minutes, 6-month pregnant Makenet Gayoran was found lying on the ground bathing in her own blood. She orphaned her 9-month old child who was in her arms, when a bullet pierced through her chest and killed her instantaneously. Aside from Makenet, seven individuals were reportedly injured including five minors – three teenagers, one 8-year old boy, and another 7-year old boy. Due to the disturbing incident, around 48 families composed of 81 individuals evacuated their community.

As child rights advocates, we cry our strong condemnation of this outright disregard of human rights of members of state forces and their paramilities. Impunity, indeed, persists.

We can easily draw a difference between the past and present administrations in terms of willingness to pursue peace talks and their strategies in handling negotiations with armed groups. In fact, it is laudable that President Duterte has made a remarkable jumpstart to accelerate the talks with the NDFP, including the promise to release its peace consultants and other political prisoners as well as the declaration of a unilateral ceasefire during his State of the Nation Address (SONA) last July 25.

However, the president cannot raise the white flag while his troops on the ground continue to aim their rifles against civilians including children.

In rural areas, children of farmers and indigenous peoples are heavily stricken by poverty and scarcity of social services which gravely affect their survival and development. Moreover, these factors are compounded, when they become targets of military abuses.

With barely two weeks prior to the scheduled talk on August 20 in Oslo, Norway, we strongly urge President Duterte to keep up his promise of peace and change. The GPH under his leadership should resume peace negotiations with the NDFP, release all political prisoners, uphold previous bilateral agreements and continue working on substantive peace agenda, especially on the social and economic reform to address the roots of conflict. Only through these actions can the nation walk the path towards a just and lasting peace.

Karapatan statement on the acquittal of GMA on plunder charges

“#BoySisi, with all his fault-finding against former president Gloria Macapagal-Arroyo, failed to convict her. BS Aquino only used Arroyo as an excuse for his inefficiency and ineptitude in governance, and pursued charges against Arroyo only for show,” Karapatan secretary general Cristina Palabay said, in reaction to the Supreme Court decision acquitting Arroyo from plunder charges.

“We are reminding the Supreme Court that the Arroyo government left behind 1,206 victims of political killings and 206 victims of enforced disappearances among activists, peasants, and human rights workers,” Palabay said. “The United Nations Human Rights Committee issued its separate resolutions on the Philippine Government’s accountability on the killings of Benjaline Hernandez, Eden Marcellana and Eddie Gumanoy. Yet, the BS Aquino government did not pursue Arroyo’s prosecution based on the UNHRC recommendations,” Palabay said.

Karapatan also underscored that the BS Aquino government’s failure to prosecute and punish Arroyo on rights abuses is evident in the status of civil and criminal charges filed by the Morong 43 and the United Church of Christ in the Philippines in 2011. “There was no substantial progress on these cases,” Palabay said.

It was also during the Arroyo regime that the Ampatuan massacre happened. “The case which symbolizes the height of impunity remains unresolved during the whole Aquino term. Arroyo, just like Aquino, has benefitted from the systematic human rights violations in order to stay in power and plunder the nation’s coffers,” Palabay said.

Karapatan said that while plunderers and murderers like Arroyo are set free from prison, more than 500 political prisoners remain in jail, many of them arrested during the Arroyo regime. Among them are NDFP peace consultants and Jasig-protected persons such as Eduardo Sarmiento, Leopoldo Caloza, Emeterio Antalan, and Edgardo Friginal.

“The challenge for the Duterte administration is to render justice for those whose rights were violated by the Arroyo and Aquino regime. Arroyo and Aquino should be prosecuted and punished,” Palabay ended.

Envi group condemns ZDMC-DMCI for shooting protesting Acoje residents

Residents protesting mining operations in Sitio Acoje, Sta. Cruz, Zambales were dispersed violently by armed security of the Zambales Diversified Minerals Corporation (ZDMC), a subsidiary of the DMCI corporation, last Tuesday. Environmental groups condemned the shooting and continuing harassment against the residents.

“ZDMC-DMCI’s shooting against the residents of Acoje is deplorable. This is an alarming spike in the continuing violation of people’s rights by the mining firm. When we visited the area just last Saturday, we saw continuing operations of backhoes in the residents’ sole water source and the presence of heavily armed men who questioned us upon entering and leaving the area,” said Joey Marabe of the Diocese of Iba Advocacy Desk (DIAD).

“We are one with the residents in calling for the stoppage of mining operations in their area and in the entirety of Sta. Cruz. Despite the recent filing of Executive Order 1 by Governor Deloso, the temporary environmental protection order by the Supreme Court, and the order of the Mines and Geosciences Bureau to suspend their operations, the ZDMC-DMCI is relentless in violating the rights of the residents and the court and executive orders against their operations,” said Meggie Nolasco, Zambales field office coordinator of the Center for Environmental Concerns (CEC).

The CEC has been implementing disaster risk reduction and sustainable livelihood programs for the mining-affected communities in Sta. Cruz.

Acoje, situated in the eastern mountainous side of Sta. Cruz, became a settlement area of Igorot communities when mining operations started in the province in 1945. Since 1997, more mining companies have taken interest in Acoje’s mineral-rich mountains, including ZDMC in 2007. DMCI eventually acquired ZDMC and continued its operations.

People’s barricade
In March this year, the company violated their agreement with residents not to disturb the community’s only water source, spurring the locals to barricade the main roads to prevent the access of ZDMC-DMCI trucks and their other equipment.

“The community barricaded against the mining operations because ZDMC-DMCI threatened to mine over their water source. The company continues their operations despite a court ruling demanding that they temporarily stop until the case we filed against them is resolved. When the residents protested their persistence in encroaching into the forests, heavily armed guards fired upon them and continue to terrorize the community,” said Cristeta Sison, of Move Now, a local alliance of people’s organizations in Sta. Cruz.

Acoje residents earlier filed a case against the ZDMC-DMCI and sought the help of other local organisations, the parish church, and other environmental groups to support their struggle.

The residents of Sta. Cruz, together with the various supporting groups, have long been demanding for a 25-year mining moratorium in the affected areas until the municipality recovers from the massive environmental destruction that are adversely affected the livelihood, health and lives of the local people.

“The people’s barricades must continue to resist the impunity of ZDMC-DMCI and other mining firms, and to pressure our public officials to address the repeated violations of mineral and environmental laws by these plunderers. Let us hold our public leaders accountable to their promise of change,” said Sison.

“We join the local people’s movement in calling on Environment Sec. Gina Lopez and Gov. Deloso to immediately enforce the stoppage of the ZDMC-DMCI operations. We challenge our public officials to permanently close all large-scale mining operations of these chronic violators in Zambales. This will set the tone for President Duterte’s promise to crackdown on repeated offenders of mining and environmental laws,” said Clemente Bautista, national coordinator of Kalikasan People’s Network for the Environment (Kalikasan PNE).#

NERIzens UNITE!

NERIZENS UNITE! nananawagan kami sa lahat ng Nerinians na sa darating na March 17 ay sama-sama tayo sa isang Blog Action Day para sa ating Fighter ng Bayan!

Paano lumahok? Simple lang!

(1) Mag-publish ng inyong kontribusyong blogpost kung bakit #1 Senador mo si Neri sa araw na iyon. Wag kalimutang i-send ang link sa amin through Facebook o Twitter para makatulong kaming ikalat ito.

(2) Sabayan sa Twitter ang mga inimbitahang NERIzen sa gaganaping blogger’s conference kasama si Neri mula 3:00 to 5:00 PM sa pag-ingay ng hashtag #VoteColmenares.

(3) Mag-organize ng isang ‘Viewing Party’ sa inyong lugar para sabay-sabay na panoorin ang magaganap na blogcon, kungsaan tatalakayin ni Neri ang kanyang plataporma para sa mga netizen at karaniwang tao.

Imbitahan ang buong Barangay Colmenares na lumahok! Ipasa ito sa kanila pagkabasa!

Neri Colmenares wrotes President Aquino to sign SSS Pension Hike

December 16, 2015

Dear President Aquino,

I write to respectfully request your support to the Social Security System (SSS) pension increase bill recently approved in both Houses of Congress.  

I filed the bill as early as 2011 with no other intention than to alleviate the plight of our senior citizens who have long been deprived the increase in pension despite the requirement of regular review as stipulated in Republic Act 8282 or SSS Law Section 4 (b) (2) that requires “a valuation report on the SSS benefit program every four (4) years, or more frequently as may be necessary, to undertake the necessary actuarial studies and calculations concerning increases in benefits taking into account inflation and the financial stability of the SSS, and to provide for feasible increases in benefits every four (4) years, including the addition of new ones…”

The intimation by some quarters that the increase will cause the immediate bankruptcy has been dispelled by the admission of the SSS in many congressional hearings that the P2,000 pension increase will shorten its fund life to 2029. As per our research, the fund life of United Kingdom social security system is only up to year 2027 while that of Canada is only up to year 2022.

Should the pension increase become a law, I commit as many other advocates for pension increase commit that we will work in the next five years to help strengthen the funding of SSSeven in my private capacity.

One very feasible remedy is to increase the efficiency of SSS collection which as per our research hovers at 35-45%. A 20% increase in SSS collection rate efficiency I believe will not be as debiliating as our colleages in SSS imply.

I would be more than willing to send to your office the details of our research on SSS pension. I do not usually ask for favours from the President but the dire situation of our senior citizens has led me to humbly and respectfully request for your support.

Thank you.

Truly yours,

Rep. Neri Colmenares