You are currently browsing the monthly archive for September, 2007.
Today, women leaders from the Indigenous Peoples of Barangay Didipio, Kasibu, Nueva Viscaya oppose the series of water permit applications filed by North Luzon Sustainable Development Corporation (NLSDC), an affiliate of OceanaGold Phils. for its mining operations.
Today, they filed a Protest with the National Water Resources Board (NWRB) to defend their prior vested rights over the utilization of waters sources in their community. The women leaders assert that they have been using for at least thirty (30) years the water that come from the natural springs for drinking, washing, bathing, cooking, watering of vegetable gardens and animals and other domestic uses.
NLSDC’s first application will directly affect the farmlands and vegetable plantations of farmers as they plan to divert and utilize the waters from rivers in Didipio for mining operations. The plan poses a big threat to farmers as this would deprive them of water to their farms. Moreover, discharged contaminated water from the mine processing plants will adversely affect the quality of water in the rivers citing animal, human, and environmental hazards.
They also add, NLSDC’s three other water permit applications for domestic use is completely unnecessary because water supply from the natural springs is safe, sufficient and adequate. Barangay Didipio has an existing water system, managed and maintained by the barangay council for effective and equitable distribution of water for the whole community. They are using a simple water impoundment (embankment) system that supplies water to houses thru hoses attached to it.
Like all other typical rural communities, women members of the family usually attend to domestic chores. They find that the mining operation poses a big threat to their everyday life. They fear, among others, that as a result of mining operations and the extraction process that requires huge volume of water, their water supply coming from natural springs shall be depleted.
Water is Life, and water as a natural resource, should be allocated in the interest and beneficial use of a far greater number of people. To allow OceanaGold to use water for its mine operations in Didipio will definitely deprive the community of an adequate water supply and lead to the contamination and pollution of the waters. Experience proves that mine waste effectively destroys every single lifeform it touches. The major rivers of Mogpog and Boac in Marinduque are still considered dead as of today eleven (11) years after the Marcopper Mine disaster in 1996 when mine tailings (waste) leaked and flooded into the rivers.
Moreover, NLSDC has not obtained the necessary local government consent from the affected LGUs, in violation of Sections 2 (c), 26 and 27 of the Local Government Code of 1991.
NLSDC’s water permit application for mining purposes and the construction of a dam and tunnel across private lands, most of which are crop land, clearly falls under the enumeration of the projects requiring prior consultation and local government consent under the Local Government Code.
–
Ronald A. Gregorio
Campaigns/ Paralegal
LRC-KsK/FoEI
Luzon Regional Office
87 B Madasalin St., Teachers Village
Quezon City
telefax: +63 2 434-4079
mobile: +63 917 544 1040
blog: lrcluzon.blogspot.com
email: harold.lrc@gmail.com
lrc.luzon@gmail.com
Worse than Martial Law: With HSA, poor communities are most vulnerable to repression of human rights
Citing an incident in Sumilao, Bukidnon, eighteen lawyers’ organizations under the coalition Alternative Law Groups, Inc. (ALG), slammed the Human Security Act of 2007 (R.A. 9372) for further threatening the already vulnerable poor communities nationwide.
On Sunday, 16 September 2007, seven armed men in full battle gear and carrying high-powered guns went to the Mapalad Freedom Hall of the Sumilao farmers in Bukidnon. They searched the documents inside the hall without a search warrant and seized the papers of lawyer Arlene Bag-ao of BALAOD Mindanaw, an ALG member organization and counsel of the Sumilao farmers. The team of armed men, headed by SPO2 Avelino Chia and composed of two policemen and 5 members of the Philippine Army, took legal and campaign documents belonging to the Sumilao farmers. The armed personnel, when asked by a Sumilao leader to sign their logbook, made a note in Bag-ao’s notebook saying that they were just conducting “police visibility patrol” and that they helped themselves to the food in the Mapalad Freedom Hall. SPO2 Chia even signed his name in the notebook.
“This is clearly a violation of people’s rights considering that the combined police and army team entered a private property of the farmers, illegally searched the area, and seized without proper papers our documents. SPO2 Chia and his team did that because they know that in this country nowadays violations against peoples’ rights to life, liberty, property, and due process go unpunished by the government. The extra-judicial killings are not resolved and are in fact tolerated, what can a community of landless farmers’ possibly do against an illegal search and seizure?” asked Bag-ao.
In another incident, a complaint against two officers and one member of Yellow Bus Lines Employees’ Union (YBLEU) has been filed with the City Prosecutors’ Office of Koronadal, connecting them to the 3 August 2007 bombing in the bus lines’ Koronadal terminal. They were charged of Murder with Multiple Frustrated Murder and Destructive Arson in Relation to RA 9372. Earlier, in June 2007, YBLEU filed a Notice of Strike (NOS) with the National Conciliation and Mediation Board (NCMB) to protest the unfair labor practice (ULP) by management. The union got the necessary strike votes, and was already preparing for the possible eventuality of launching the strike, but had to drop the plan when the Secretary of Labor assumed jurisdiction over the issue.After the bombing on 3 August, the management announced that it was suspending operations. On 11 August, workers happily returned to work upon orders of the management. But on the same day, at about 6 pm, Jaime “Jimmy” Rosios, who was on his way home, was taken at gun point by armed men and forced into a waiting vehicle along the highway. To this date, Jimmy has not surfaced. Union members have sought the help of law enforcement agencies and human rights groups, to no avail. They later learned that Jimmy has been charged under the Human Security Act, together with Jessie Rivas, another active and outspoken union officer, and Ibrahim Bacal, a union member who has a pending case against Yellow Bus for retirement benefits.
ALG spokesperson Marlon Manuel noted that these violations were already experienced – even without the Human Security Act (HSA) – by marginalized communities of farmers, laborers, Moros, and indigenous peoples but with the passage of the HSA, this trampling of rights worsened. “The Human Security Act’s definition of ‘terrorism’ is overly broad that it can encompass legitimate and non-terrorist activities, resulting in a chilling effect for those who are lawfully exercising their civil and political rights. The provisions on surveillance, interception and recording of private communications, prolonged and unlimited period of detention without warrant, and proscription of terrorist organizations, associations, or groups of persons, effectively infringe constitutionally guaranteed rights. Under these circumstances, the poor and marginalized sectors are the most vulnerable to abuses in the implementation of the HSA because they lack the resources to ensure that their rights are respected and protected,” said Manuel.
He added, “Our situation these days is worse than martial law in the 1970s. At least then, Marcos categorically declared Martial Law in September 21, 1972. This Anti-Terror Law, sugarcoated as the Human Security Act, legitimizes the government’s repression of rights while it is claiming that we are still in a fully-functioning democracy and that the law only serves to protect the state and the people from terror attacks. The HSA is not good in apprehending who it should go after but it is excellent in terrorizing local communities that peacefully claim their constitutionally-guaranteed rights.”
The ALG urged the communities to be vigilant. The ALG launched a nationwide monitoring network to guard against human rights abuses that may be perpetrated in the implementation of the HSA. It gave hotline numbers of the ALGs nationwide that people could contact whenever there are abuses being perpetrated for which legal assistance may be needed. “We cannot allow laws such as the HSA to take away from us our rights that we fought for just as we certainly cannot allow armed men to just search and seize communities’ documents,” concluded Manuel. -30-
Contact:
Marlon Manuel: 0917-532-6446, 02-426-8569
Jane Capacio: 0917-546-0123, 02-433-0760
Arlene Bag-ao: 0920-9098560, 08822-738-402 (for queries on the Mapalad incident)
Raissa Jajurie: 0919-743-0503, 082-298-4161 (for queries on the YBLEU incident)
Widely read columnist Ms.Rina Jimenez-David featured these now famous Bar Questions in her column. These questions are also heavily forwarded through emails. This discussion may a bit delayed as we are towards the last Sunday of the part upon printing. Just the same these very interesting questions are worth noting.
At large likewise quoted Atty. Sarah Lou Arriola, director for special projects of the Ateneo Human Rights Center. “These questions have changed the landscape of the bar exams. It is a great effort on the part of Justice Azcuna to mainstream gender issues in the law profession.”
Gender and the law are hardly given emphasis in law school. There are law schools in Metro Manila that offer it as an elective. However, law students who have the option to enroll in such class however tend to ignore it. The latest bar questions in political law is most welcome. It is a very creative way of mainstreaming gender issues particularly in the study of law. Three Cheers for Justice Azcuna and the examiner whose name will be revealed in time for these questions:
MANILA, Philippines — “The city mayor issues an executive order declaring that the city promotes responsible parenthood and upholds family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills, intrauterine devices and surgical sterilization. As a result, poor women in this city lost their access to affordable family planning programs. Private clinics, however, continue to render family planning (counseling) and devices to paying clients.
“(a) Is the executive order in any way constitutionally infirm? Explain.
“(b) Is the Philippines in breach of any obligation under international
law? Explain.
“(c) May the Commission on Human Rights order the mayor to stop the
implementation of the executive order? Explain.”
Question No. 4: In 1993, historians confirmed that during World War II, “comfort women” were forced into serving the Japanese military. These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese government contends that the “comfort stations” were run as “onsite military brothels” (or prostitution houses) by private operators, and not by the Japanese military. There were many Filipina “comfort women.”
(a) Name at least one basic principle or norm of international
humanitarian law that was violated by the Japanese military in the
treatment of the “comfort women.”
(b) The surviving Filipina “comfort women” demand that the Japanese
government apologize and pay them compensation. However, under the 1951
San Francisco Peace Agreement — the legal instrument that ended the state
of war between Japan and Allied Forces — all the injured states,
including the Philippines, received war reparations and, in return, waived
all claims against Japan arising from the war. Is that a valid defense?
(c) The surviving Filipina “comfort women” sue the Japanese government for
damages before Philippine courts. Will that case prosper?
Question No. 5: The Destilleria Felipe Segundo is famous for its 15-year-old rum, which it has produced and marketed successfully for the past 70 years. Its latest commercial advertisemen uses the line: “Nakatikim ka na ba ng kinse anyos? (Have you tasted a 15-year old?)” Very soon, activist groups promoting women’s and children’s rights were up in arms against the advertisement.
(a) All advertising companies in the Philippines have formed an
association, the Philippine Advertising Council, and have agreed to abide
by all the ethical guidelines and decisions by the council. In response to
the protests, the council orders the pull-out of the “kinse anyos”
advertising campaign. Can Destilleria Felipe Segundo claim that its
constitutional rights are thus infringed?
(b) One of the militant groups, the Amazing Amazonas, call on all GOCCs to
boycott any newspaper, radio or TV station that carries “kinse anyos”
advertisements. They call on all government nominees in sequestered
corporations to block any advertising funds allocated for any newspaper,
radio or TV station. Can the GOCCs and sequestered corporations validly
comply?
The widely read columnist Ms.Rina Jimenez-David featured these now famous Bar Questions in her column. These questions are also heavily forwarded through emails. This discussion may a bit delayed as we are towards the last Sunday of the part upon printing. Just the same these very interesting questions are worth noting.
At large likewise quoted Atty. Sarah Lou Arriola, director for special projects of the Ateneo Human Rights Center. “These questions have changed the landscape of the bar exams. It is a great effort on the part of Justice Azcuna to mainstream gender issues in the law profession.”
Gender and the law are hardly given emphasis in law school. There are law schools in Metro Manila that offer it as an elective. However, law students who have the option to enroll in such class however tend to ignore it. The latest bar questions in political law is most welcome. It is a very creative way of mainstreaming gender issues particularly in the study of law. Three Cheers for Justice Azcuna and the examiner whose name will be revealed in time for these questions:
MANILA, Philippines — “The city mayor issues an executive order declaring that the city promotes responsible parenthood and upholds family planning. He prohibits all hospitals operated by the city from prescribing the use of artificial methods of contraception, including condoms, pills,
intrauterine devices and surgical sterilization. As a result, poor women in this city lost their access to affordable family planning programs. Private clinics, however, continue to render family planning (counseling) and devices to paying clients.
“(a) Is the executive order in any way constitutionally infirm? Explain.
“(b) Is the Philippines in breach of any obligation under international
law? Explain.
“(c) May the Commission on Human Rights order the mayor to stop the
implementation of the executive order? Explain.”
Question No. 4: In 1993, historians confirmed that during World War II, “comfort women” were forced into serving the Japanese military. These women were either abducted or lured by false promises of jobs as cooks or waitresses, and eventually forced against their will to have sex with Japanese soldiers on a daily basis during the course of the war, and often suffered from severe beatings and venereal diseases. The Japanese government contends that the “comfort stations” were run as “onsite military brothels” (or prostitution houses) by private operators, and not by the Japanese military. There were many Filipina “comfort women.”
(a) Name at least one basic principle or norm of international
humanitarian law that was violated by the Japanese military in the
treatment of the “comfort women.”
(b) The surviving Filipina “comfort women” demand that the Japanese
government apologize and pay them compensation. However, under the 1951
San Francisco Peace Agreement — the legal instrument that ended the state
of war between Japan and Allied Forces — all the injured states,
including the Philippines, received war reparations and, in return, waived
all claims against Japan arising from the war. Is that a valid defense?
(c) The surviving Filipina “comfort women” sue the Japanese government for
damages before Philippine courts. Will that case prosper?
Question No. 5: The Destilleria Felipe Segundo is famous for its 15-year-old rum, which it has produced and marketed successfully for the
past 70 years. Its latest commercial advertisement uses the line: “Nakatikim ka na ba ng kinse anyos? (Have you tasted a 15-year old?)” Very
soon, activist groups promoting women’s and children’s rights were up in arms against the advertisement.
(a) All advertising companies in the Philippines have formed an
association, the Philippine Advertising Council, and have agreed to abide
by all the ethical guidelines and decisions by the council. In response to
the protests, the council orders the pull-out of the “kinse anyos”
advertising campaign. Can Destilleria Felipe Segundo claim that its
constitutional rights are thus infringed?
(b) One of the militant groups, the Amazing Amazonas, call on all GOCCs to
boycott any newspaper, radio or TV station that carries “kinse anyos”
advertisements. They call on all government nominees in sequestered
corporations to block any advertising funds allocated for any newspaper,
radio or TV station. Can the GOCCs and sequestered corporations validly
comply?
Psychological Incapacity – is not a Legal Fiction (Part 1)
My paramour – the one that I never leave home without – and the one whom I spend more time with – than my lover – is wounded and bleeding. So damaged, that I had to bring it to the ACER Service Center for repair. Yes, it’s just a laptop, but since I spend so much time with it (being my mobile office) – it has ‘evolved’ to become a ‘can’t live without’ tool in my life. And what pray tell is their prognosis? Accordingly, the lcd monitor (yes it is that damaged…) cracked. A defect that is not covered by the warranty, following ACER jargon, as far as the LCD monitor is concerned – the warranty is VOID. The only solution left is to replace the LCD with a brand new one. The laptop is confined at the service center as a write or should I say type in our office. I hope to get it back with a newly and fully paid replacement LCD within twenty four hours. Thus now, I am at a lost on what to write on considering that my references are all saved in one folder.
I was supposed to write about Psychological Incapacity. I will still explain and define the basics. The details, doctrines and deeper legal implications however will be dealt with thoroughly next week.
What is psychological incapacity? psychological incapacity” is a serious psychological disorder, but not necessarily insanity, that causes a spouse or both spouses to be truly incapable of complying with the essential marital obligations. This psychological condition must already exist at the time the marriage is celebrated.
Article 36 of the Family Code provides that “A marriage contracted by any party who, at the time of the celebration, was psychologically incapacitated to comply with the essential marital obligations of marriage, shall likewise be void even if such incapacity becomes manifest only after its solemnization.“ GTALAWPHIL explains that this could mean that the husband or the wife is psychologically incapable of complying with the essential marital obligations, which will render the marriage void from the beginning. Again, it is important that this incapacity was already present during the celebration of marriage. At this stage, I think I would have to unpack some legalese within the definition. Legal jargon number one: Essential Marital Obligations. These are the obligations of the husband and wife
(1) to live together, observe mutual love, respect and fidelity, and render mutual help and support;
(2) to procreate children based on the universal principle that procreation of children through sexual cooperation is the basic end of marriage;
(3) to jointly support the family (Art. 70), for the spouses are joint administrators in the partnership; and (4) Not to commit acts which will bring danger, dishonor or injury to each other or to the family (Art. 72), for the safety and security of the family at all times is a primordial duty of the spouses. (part two next week)
Recent Comments