PH Gov’t ‘victory’ in Geneva a farce – Karapatan

Press Release | September 23, 2017

Reference:  Cristina Palabay, Secretary General, 0917-3162831

                    Karapatan Public Information Desk, 0918-9790580

PH Gov’t ‘victory’ in Geneva a farce – Karapatan

Today, September 23, 2017, the Philippine Department of Foreign Affairs (DFA) released a statement alluding to a so-called ‘victory’ by the PH Government after the United Nations Human Rights Council adopted its human rights report card.

“The PH government delegation to Geneva conveniently glosses over the fact that it did not accept any of the 44 recommendations related to extrajudicial killings, none of the 23 recommendations calling for the government to discontinue efforts to revive death penalty, and none of the 13 recommendations aimed at the protecting and creating an enabling environment for human rights defenders and journalists. This are key recommendations that need urgent attention, and yet are furtively brushed off by the Duterte administration,” said Karapatan secretary general Cristina Palabay.

During the Philippines Universal Periodic Review (UPR) Adoption Session, Ambassador Evan Garcia, Philippine Permanent Representative to the United Nations in Geneva, even concluded with dismissive statements directed at interventions pressing the government to address the worsening human rights crisis in the PH. Ambassador Garcia said that there is no impunity in the country, that investigations are ongoing for all cases of alleged EJKs, and that the interventions are an example of the so-called ‘vibrant democracy’ in the country.

Palabay pressed that “this has been a farcical display of fraudulence, overbearance, and outright misrepresentation of the situation. The Duterte regime and its representatives are shameless in using such a platform to promote distorted facts. Interventions by civil society in the UPR were made because colleagues are being killed or are being harassed. This is not indicative of a vibrant democracy, but of a government who incessantly believes in the rightness of its militarist, fascist, and tyrannical ways.”

Karapatan also cited the recent 2017 Global Impunity Index released by Universidad de las Americas or UNDAP, naming the Philippines as the country with the highest level of impunity among 69 countries. “Human rights violations committed with impunity is the order of the day in the Philippines,” Palabay said.

“There is very little to recognize in the Duterte regime’s human rights record, save for the increasing political repression, State fascism, and impunity among State forces. PH representatives have banked on its euphemistic and bloated report that fails to reflect, and even intentionally subverts, the human rights situation on the ground. However, rhetoric cannot compensate for the rising death toll, the swelling protests, the rage of the oppressed and repressed people who have been deprived of their basic human rights. The people’s actions and protests exposes this revolting circus of lies, and remain as proof that the human rights situation in the country is not a ‘victory’ and will be the Duterte regime’s undoing,” Palabay concluded.

Postscript to the 2017 UPR on the Philippines, July 2017

Postscript to the 2017 UPR on the Philippines, July 2017

by Philippine UPR Watch

 

Introduction

The Philippine UPR Watch, a network of faith-based, human rights and people’s organizations engaging in the Universal Periodic Review (UPR) process of the United Nations Human Rights Council (UNHRC), submitted a total of seventeen (17) individual submissions and four (4) joint submissions as alternative reports to the 3^rd cycle of the UPR of the Philippines. The network has also consented to include its documentation of several key cases in the submissions of two other international non-governmental organizations.

In the months prior to the 27^th session of the UNHRC for the UPR, the network has actively campaigned on numerous human rights issues during the period under review, including the continuing extrajudicial killings in line with the State’s counterinsurgency program and the war on drugs. It has actively engaged with diplomatic missions in the Philippines and in Geneva, Switzerland to present an alternative picture of the human rights situation in the country, as well as propose key recommendations with regards to the adherence of the Philippine government to international human rights instruments.

During the UPR sessions in May 2017, Philippine UPR Watch has mounted advocacy activities, side events, exhibits, meetings and dialogues with international NGOs and other stakeholders in the UPR process. Parallel actions have been conducted in the Philippines.

The efforts of the Philippine government, both during the administrations of Benigno S. Aquino III and Rodrigo Roa Duterte, to twist facts regarding extrajudicial killings and other rights violations in the country have been exposed to the international community. Many States raised concerns on the continuing extrajudicial killings in the country, on the continuing attacks against human rights defenders and journalists, on enforced disappearances by State security forces, while many States were alarmed on the reimposition of the death penalty, lowering of age of criminal responsibility, cases of torture, human trafficking, violations on due process, rights of indigenous peoples, migrants, persons with disabilities, women and children’s rights, sexual and reproductive rights, and overcrowding in prisons.

This follow-up document is published by the Philippine UPR Watch to serve as the general public’s guide in monitoring the compliance of the Philippine government to key recommendations of State parties and to international human rights instruments. This publication also contains the network’s analysis on the initial outcomes of the 3^rd cycle of UPR on the Philippines, prior to the September 2016 HRC session where these outcomes will be formalized as reports by both the Philippine government and the UNHRC. The network also reiterates in this document the crucial recommendations, which may not have been forwarded by States, to serve as guideposts in pursuing State accountability on the numerous human and people’s rights violations in the Philippines.

Summary and highlights of the recommendations of States to Philippine government during the 3^rd cycle of UPR on the Philippines

A total of 103 State parties forwarded at least 257 recommendations to the Philippine government during the 27^th session.

Key recommendations by States include the following:

1. At least thirty-four (34) States raised concerns on the continuing extrajudicial killings in the country and reminded the Philippine government to ensure prosecution and accountability of perpetrators. Eight (8) States called for an end to extrajudicial killings in line with the Duterte administration’s campaign against crime and drugs.
2. Fourteen (14) States expressed concern that enforced disappearances continue, with nine (9) States calling for the Philippines’ ratification and implementation of the International Convention for the Protection of All Persons from Enforced Disappearance.
3. Twelve (12) States recommended the end of the practice of torture, while three (3) States called for an end to illegal arrests and detention perpetrated by State security forces.
4. Fourteen (14) States recommended that human rights be upheld in the fightagainst drugs, while two States called for end of torture in line with war against drugs. At least five (5) States called for comprehensive andhuman centered approaches for its anti-illegal drug policy, particularly the provision of appropriate health measures, rehabilitation and reintegration of drug users and by addressing the root cause of illegal drugs through development.
5. Eleven (11) States raised concerns on the attacks against human rights defenders and called for the protection of their rights. Slovakia particularly recommended that the Philippine government stop the implementation ofcounter-insurgency programmes that target humanrights defenders and civilians. Meanwhile, eight (8) States called on the Philippine government to protect freedom of opinion and belief, and to promote media freedom and the rights of journalists.
6. Twenty-one (21) States appealed against the reinstitution of the death penalty or capital punishment, while ten (10) States raised concerns on proposed legislation and policies lowering the minimum age for criminal accountability.
7. Eight States called for the reduction of poverty in the country. Seventeen (17) States raised concerns on continuing human trafficking, while four States called for protection of migrants’ rights.
8. Seventeen (17) States recommended to the Philippine government to ensure laws, policies and programs on women’s rights and that these conform to the UN Convention on the Elimination of All Forms of Discrimination against Women, and to put an end to violence against women. Five (5) States called for the promotion and respect for sexual and reproductive rights.
9. Twenty-four (24) States called on the Philippines to respect the rights of children against sexual abuse, their right to education and against all forms of violence.
10. Five (5) States recommended the promotion and respect of indigenous people’s rights, with Peru calling on the Philippine government to take necessary measures to preserve the ancestral lands of the indigenous peoples.
11. Three (3) States called on the Philippine government to take steps to meet the minimum standards for the treatment of prisoners, including the provision of separate cells for children and improvement of detention facilities against overcrowding.
12. Two States called for the invitation of all Special Procedures with pending requests, while eight States recommended for the invitation of the UN Special Rapporteur on Extrajudicial Killings.

Recommendations on Key Issues	Recommending States
Extrajudicial Killings	Ireland, Costa Rica, France, Spain, Poland, Slovakia, Netherlands, Canada, Ghana, Norway, Bulgaria, Portugal, Switzerland, Australia, Iceland, Ghana, Croatia, US, UK, Luxembourg, Slovenia, Austria, Hungary, Czechia, New Zealand, Sierra Leone, Zambia, Estonia, Germany, Botswana, Canada, Chile, Netherlands, Sweden
EJKs in line with war against drugs	Slovakia, Hungary, Iceland, Luxembourg, Czechia, New Zealand, Sierra Leone, Zambia
Enforced Disappearances	Ireland, Costa Rica, Sudan, Poland, Slovakia, Netherlands, Lithuania, Canada, Germany, Chile, Uruguay, Norway, Ghana, Estonia
Ratification of ICPAPED	France, Angola, Iraq, Japan, Kenya, Montenegro, Sierra Leone, Uruguay, Portugal
Torture	Ireland, Costa Rica, Spain, Slovakia, Canada, Germany, Chile, Austria, Hungary, Angola, Georgia, Slovenia
Illegal Arrests and Detention	Costa Rica, Slovakia, Canada
Uphold Human Rights Standards in the Efforts against Crimes/Drugs	Peru, Myanmar, Haiti, US, Portugal, Lebanon, Zambia, Timor-Leste, Egypt, Maldives, Guatemala, Estonia, Ireland, Italy
Comprehensive Social Policies to Address Drug Problem	Romania, China, Thailand, France, Pakistan
Protection of Rights of Human Rights Defenders	Denmark, Estonia, Germany, Hungary, Ireland, Luxembourg, Poland, Ukraine, UK, Norway, Slovakia
Protection of Rights of Journalists	Lebanon, Lithuania, Estonia, Germany, Latvia, Luxembourg, Poland, Ukraine
Death Penalty	Haiti, Mozambique, Luxembourg, Slovakia, Liechtenstein, Moldova, Switzerland, Romania, Norway, Portugal, Ireland, Belgium, Lithuania, Czechia, Uruguay, Brazil, France, Italy, Australia, Canada, Bulgaria
Minimum Age of Criminal Responsibility	Estonia, Kenya, Austria, Canada, Belgium, Sweden, Czechia, France, Germany, Bulgaria
Reduction of Poverty	Uzbekistan, Saudi Arabia, Vietnam, Cambodia, Laos, Lebanon, Malaysia, Ecuador
Human Trafficking	Azerbaijan, Lebanon, Belarus, Bosnia and Herzegovina, Cuba, Egypt, Indonesia, Sierra Leone, Poland, Maldives, Netherlands, Sri Lanka, Uganda, Uzbekistan, Botswana, China, Iraq
Rights of Migrants and their Families	Sri Lanka, Vietnam, Indonesia, Nepal
Women’s Rights	Cuba, Laos, Bosnia and Herzegovina, Brunei, Tunisia, Mexico, Canada, Iraq, UK, Yemen, Argentina, Chile, Honduras, Netherlands, Estonia, Gabon, Japan
Sexual and Reproductive Health	Brazil, Denmark, Netherlands, New Zealand, Sweden
Children’s Rights	Algeria, Austria, Belarus, Belgium, Bosnia and Herzegovina, Botswana, Croatia, Estonia, Holy See, Italy, Kenya, Lebanon, Mexico, Montenegro, Morocco, Netherlands, Poland, Qatar, Republic of Korea, Slovakia, Spain, Tunisia, Uganda, Uruguay
Indigenous People’s Rights	Cuba, Denmark, Laos, Peru, Tunisia
Overcrowding of Detention Facilities	New Zealand, Republic of Korea, Uganda
Invitation to Special Procedures with pending requests for official visits	Peru, Latvia
Invitation to UN Special Rapporteur on Extrajudicial Killings	France, Germany, Ghana, Hungary, Latvia, Ireland, Lithuania, Bulgaria

 

Analysis on the Outcomes of the UPR on the Philippines

For the third time, the Philippine Government goes through the Universal Periodic Review to check whether there have been improvements in the human rights situation and whether the recommendations under the previous two UPR sessions are complied with. The review covers the last four and half (4 and 1/2) years of the administration of President Benigno Simeon Aquino III and the first ten (10) months of the administration of President Rodrigo R. Duterte.

In the opening statement of its Report to the UPR Working Group of the United Nations Human Rights Council, the Philippine government affirmed its commitment to the “universality, indivisibility, interdependence, and inter-relatedness of all human rights, respectful of our unique national and regional particularities borne by our diverse historical, cultural, and religious backgrounds”. This affirmation does not fully reveal the reality on the human rights situation in the Philippines, and the Philippine government’s Report, as a whole, failed to implement the recommendations as contained in the 2008 and 2012 UPR.

The Philippine Government brags an economic agenda that is supposed to address various socio-economic concerns, and listed several legislations and other administrative and executive issuances to address issues like contractualization, minimum wage, unemployment and socialized housing. It also listed several actions designed to address the issues and concerns of the “vulnerable sectors” like women and children, including the issues of human trafficking. In the same Report, the Philippine Government denies the existence of a State policy that promotes, condones, sanctions or encourages extrajudicial killings (EJKs) of drug traffickers, criminals, or dissenters. The reality on the ground, however, is not reflective of this pronouncement.

Since the first two cycles of the UPR in 2008 and 2012, extrajudicial killings, torture, disappearance and other human rights violations remain unabated. To this date, no perpetrator of extra-judicial killings committed under present and past administrations (including Presidents Gloria Macapagal Arroyo and Benigno Aquino III) has been held accountable. Several military and police officials responsible for human rights violations were instead promotedto higher positions in the military and police. Socio-economic issues that affect socio-economic and cultural rights have not been fully addressed, and there have been no concrete steps towards this end.

The Philippine Government under both the Aquino and Duterte administrations cannot gloss over the following issues for which it is accountable:

1. No concrete steps have been taken to address socio-economic and sectoral issues, including those involving the poor. There is no obvious difference between the economic agenda of the Aquino and the Duterte administrations. They focus on palliatives that do not address the root causes of poverty.
3. To date, no genuine agrarian reform has been implemented. While there are efforts by Agrarian Reform Secretary and progressive peasant leader Rafael Mariano, alongside struggling farmers, that have yielded some positive developments, the economic framework of liberalization and inherently oppressive social structures that favor big landlords and oligarchs remains the order of the day. Mariano’s efforts to put in place a moratorium on land conversion to disallow the further dispossession of farmers of the lands they till for plantations for export crops and eco-tourism projects such as golf courses are being blocked by neoliberal managers in the current administration.

The Comprehensive Agrarian Reform Law has been used to circumvent the distribution of land to farmer beneficiaries, like the Hacienda Luisita which was ordered to be distributed by the Supreme Court in 2012. Pres. Aquino failed and refused to implement the high court’s decision, and his family, who owns Hacienda Luisita, has continuously defied the Supreme Court resolution.

Another case is that of farmworkers at the Lapanday Foods Corporation where attempts to install farmer agrarian reform beneficiaries were foiled by the defiance of the land owner and the refusal of the Armed Forces of the Philippines and the Philippine National Police to provide assistance to the Department of Agrarian Reform. If not for the farmers’ will to fight for their rightful claim to the said land, the rich landowners led by the Lorenzo family would have prevailed.

On the issue of children’s rights, the Philippine government falls short of protecting the rights of children, even with the numerous laws mentioned in its report. More so, laws like the Strengthened Juvenile Justice and Welfare Law (RA 10630) was up for amendment to lower the minimum age of criminal responsibility of children in conflict with the law from 15 to nine years old. Government shifts the blame on erring children, instead of providing rehabilitative and age-appropriate services and treating them as victims of socio-economic inequities. Proxy indicators of poverty, which include unemployment, landlessness, inaccessibility of social services, create a social reality that jeopardizes the rights and welfare of children, placing them in conditions of extreme desperation and hopelessness. Four million children are still out-of-school and 2.1 million children are into child labor. Children, especially from the indigenous and Moro communities, are forced to stop attending classes due to massive military operations. Nine of them were killed, six survived the attempted killings of soldiers, and four were tortured and wrongfully accused and arrested as “child soldiers”.

The government’s implementation of pro-women laws such as the Magna Carta of Women and the Responsible Parenthood and Reproductive Health (RPRH) Law fails to uplift the condition of poor women, because of the continuing violations on their basic political, economic and social rights. Public and privately owned workplaces largely remain non-compliant to the Magna Carta, which is made worse by the absence of any monitoring mechanism by relevant agencies. Poor women could hardly feel the impact of the much-touted Gender and Development (GAD) budget and the mainstreaming of gender in government policies. The policy of privatization of public health services supersede any reproductive health law since it fails to provide free and quality basic health services to women and their families. Data on violence against women like rape has been recorded at 10,298 where 75% of the victims are young girls. By end of 2015, 43 women rights defenders were arrested on trumped up charges. Majority of them are still languishing in jail. At present, harassment against women leaders and organizers by elements of the state’s Armed Forces continue.

2. Extrajudicial killings continue unabated. Despite the Philippine Government’s denial of a State policy on EJKs, the fact remains that 334 activists, human rights defenders, leaders and members of sectoral organizations have been killed under the Aquino administration – a trail of blood that followed the brutal rights abuses during the Arroyo regime. These killings continue under the Duterte Administration where 64 similar killings, and more than 8,000 drug related killings have been reported.

While the government report cited the creation of the inter-agency committee on extra-legal killings, enforced disappearances, and torture, by virtue of former President Benigno Aquino III’s Administrative Order 35, no information was provided on the output and impact of the said task force. No conviction has been attained in most cases, nor has there been swift and impartial prosecution, while many of the State perpetrators have not been arrested to this day. The Aquino government’s accountability can never be glossed over by task forces that have not rendered justice and have instead acted as elegant smokescreens to absolve the perpetrators.

The same AO cannot be used solely to determine whether there is extra-judicial killings in the Philippines. It appears that the existence of such order is being used to provide a legal justification for the Government to deny the existence of drug-related killings.

3. Gross violations on civil and political rights of the people continue. To this date, and despite the Government’s avowals, there are indications of the Government’s utter disregard for the respect of the peoples’ civil and political rights.

In the course of the implementation of its counter-insurgency program, Oplan Bayanihan, the Philippine Government, under Pres. Aquino disregarded basic rights supposedly guaranteed and protected by the Constitution. Targeting personalities associated with political and sectoral organizations labelled as “communist front organizations” and innocent civilians, various human rights violations were committed. Aside from extrajudicial killings, illegal arrest, detention, torture and other violations have been committed. The Aquino Administration continued the practice of filing trumped up charges against human rights defenders and dissenters, and as a result, there were 524 political prisoners under the Aquino Government.

The assumption into office of President Duterte in July 2016 did not result in any substantial change in the civil and political rights situation in the Philippines. While some political prisoners were conditionally released in line with the peace talks between the Government of the Republic of the Philippines (GRP) and the National Democratic Front of the Philippines (NDFP), the same violations are still being committed in the course of the implementation of its own counter-insurgency program which was ironically named “Oplan Kapayapaan” (loosely translated as Operation Peace). The violations, including the illegal arrest, detention and the filing of trumped up charges are evidences that the Duterte Administration carried over the same policy that governed Oplan Bayanihan.

Moreover, the Duterte Government used as pretext botched police and military operations in Marawi City to justify the declaration of Martial Law in the entire island of Mindanao. The existence of martial law in Mindanao is being used to rationalize the curtailment of basic civil and political rights guaranteed by the Bill of Rights. The declaration of martial law has resulted in illegal arrests, harassments, intimidations and even violation of labor rights, not to mention the intensification of military operations, including aerial bombings in other parts of Mindanao and other parts of the country and consequent displacement of communities. The Duterte Government disregarded constitutional requirements and safeguards in declaring martial law, and now soldiers and policemen are using the declaration as an unbridled license to violate the basic civil and political rights of the people in Mindanao.

4. In line with the US Pivot to Asia and driven by the US Counter-Insurgency Guide of 2009, the government implemented counter-insurgency programs Oplan Bayanihan and the current Oplan Kapayapaan, in connivance with, and with full political and financial support of, the US government, in its continuing attempt to target groups asserting independence and sovereignty and individuals tagged as members or supporters of these groups.

The government’s military operations resulted in massive displacement of communities in rural areas, including ancestral lands of national minorities. Through the US-RP Visiting Forces Agreement and US-GRP Enhanced Defense Cooperation Agreement, US military troops maintained their presence and military installations in the Philippines. The October 2014 murder of transgender Jennifer Laude is an emblematic case, a repeat of several rights abuses committed by US soldiers in Philippine territory.

The Philippine Government, both under the Aquino and Duterte Administrations, allowed the U.S. Government to meddle with the internal affairs of the Philippines that led to the commission of the human rights violations noted above. The counter-insurgency program of the Aquino Government, which was patterned from the U.S. Government’s counter-insurgency program, was designed and implemented with the assistance of the US government either through technical assistance or actual participation of its military personnel in combat operations. The Philippine military is also being propped up through the continuous military aid from the US.

5. The Philippine Government, on one hand, under the administration of Pres. Duterte, has paved the way to resume the stalled peace negotiations with the National Democratic Front of the Philippines (NDFP). If both parties, especially the government, follow the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CARHRIHL), there is bound to be a marked improvement of the situation on the ground. The recent round of formal talks ended with a positive note with both parties agreeing that the principle of free distribution of land to farmers and peasants would uphold social, economic and cultural rights. This should have great impact on the economic situation of the people. However, the inertia of such positive developments is being overshadowed by sabotage efforts of militarists in the administration who refuse to solve the roots of the armed conflict.
6. The Philippine report also misleads the public by stating that it has already released compensation for the initial 4,000 martial law victims during the Marcos dictatorship in March this year, while only partial compensation has been granted. The executive decision, seconded by a Supreme Court resolution, allowing a hero’s burial for the tyrant Marcos runs counter to the principles of the domestic law recognizing the crimes and rights abuses during the Marcos dictatorship, as well as internationally recognized statues on indemnification of victims of rights abuses.

 

Postscript to the 2017 UPR on the Philippines

While some important recommendations were articulated by States during the UPR of the Philippines, numerous significant recommendations from human rights advocates and people’s organizations on civil, political, economic and socio-cultural rights have not been sufficiently addressed to the Philippine government.

On Political and Civil Rights:

1. Stop the implementation of counter-insurgency programs that target human rights defenders and civilians. Stop military operations in communities and immediately pull out military units. End military’s practice of using schools, municipal halls, and public facilities as military camps and detachments. Dismantle and disarm the paramilitary groups.
2. Unconditionally free all political prisoners, whether those arrested, charged, prosecuted, triedor convicted of political crimes or, as is the practiced by the government, common crimes but with clear or convincing evidence that such are politically-motivated.
3. Continue its peace negotiations with the National Democratic Front of the Philippines and with rebel groups in Mindanao (Southern Philippines) struggling for self-determination. It has been pointed out that the government’s counter-insurgency program is the cause of many human rights violations against human rights defenders and principled negotiations to address the roots of the armed conflict can help mitigate these violations.
4. Fully implement the recommendations of former Special Rapporteur on extrajudicial, summary or arbitrary killings, Mr. Philip Alston.
5. Implement the recommendation of the of former Special Rapporteur on the human rights of internally displaced persons, Mr. Chaloka Beyani in his country visit to address the complex causes of the displacement of indigenous people including militarization, natural or man-made disasters and resource development.
6. Stop the encampment and vilification of indigenous community schools and revoke the Department ofEducation Memo 221 that supports these attacks against the schools and self-determination of IPs. Cease from using indigenous systems and practices, and social services for counterinsurgency programs.
7. Repeal legislative, administrative, executive and judicial acts that violate human rightsincluding those on warrantless searches and arrests and sanctioning saturation drives, allowing the filing of common crimes with respect to political offenses, restricting and controlling the right to peaceful assembly, among others. Effectively address and immediately prosecute and punish acts of terrorism and human rights violations by agents of the State.
8. Stop criminalization of political offenses and actions in pursuit of one’s political beliefs,illegal arrest and detention, and the practice of filing trumped-up criminal charges against activists and human rights defenders. Enact the Human Rights Defenders Bill.
9. Stop labeling of national liberation movements, progressive people’s organizations andpatriots as “terrorists” both in the national and international forums.
10. Render immediate and substantive justice to all victims of human rights violations, victims ofhuman rights violations under the Marcos dictatorship, through adequate compensation, indemnification, restitution and rehabilitation. Stop all forms of political rehabilitation of the Marcoses and other human rights violators during the past administrations.
11. Conduct transparent and public consultations, to in view of reviewing the Special Economic Zone Act of 1994, on the conditions of workers in the country economic zones and the use of state forces to protect investors’ interests that cause human rights violations particularly on restriction to freedom of association.
12. Ensure that conventions of the International Labour Organization, to which the Philippines is a signatory, are recognized, observed and upheld, especially the protection of workers’ right to join unions, enter into collective bargaining, and seek redress against discrimination. The Philippine must also ratify ILO Convention #151 (Convention concerning Protection of the Right to Organise and Procedures for Determining Conditions of Employment in the Public Service).

 

On Economic and Socio-Cultural Rights

1. Implement the recommendations of the Special Rapporteur on the right to food, Ms. Hilal Elver, in her country visit to address the issues related to landlessness and hunger of poor peasants, lack of comprehensive social protection and services, and the dire impacts of climate change.
2. Protect indigenous peoples’ inherent, prior, existing and inalienable right to ancestral lands and its indivisible, inter-related and interdependent right to self-determination as reflected in international declarations and conventions, and review all conflicting domestic laws, including the Indigenous Peoples Rights Act.
3. Respect and support the community schools established by the Lumad and their support groups as vital centers for education, cultural heritage and self-determined development.
4. Recognize and uphold the prior rights of indigenous peoples and revoke discriminatory legislation and doctrines, and with urgency the Mining Act of 1995, and enact the People’s Mining Bill.
5. Cancel awarded permits or projects that has acquired free, prior and informed consent through manipulation, deception or coercion, or has violated the rights of indigenous peoples.
6. Ratify the ILO Convention 169 pertaining to Indigenous and Tribal Peoples in Independent Countries.
7. Democratize consultation with indigenous communities in all decision-making bodies from the local to the national levels, not limiting their representation to mandatory representatives in government units. This should especially be done in the drafting of economic plans that have impact on their ancestral domains.
8. End ethnic discrimination and discriminatory terrorist tagging of Moro people.
9. Respect and uphold peace agreements with the Moro National Liberation Front (MNLF) and the Moro Islamic Liberation Front (MILF) and urgently pass an enabling law that truly embodies the Moro people’s aspiration of a genuine right to self-determination.
10. Ratify the OP-ICESCR as previously recommended by Portugal, Germany and Palestine to provide workers and other stakeholders other avenue for remediation to hold violators to account.
11. End all forms of flexible work in the Philippines by revisiting the Labor Code of the Philippines, particularly Articles 106-109, 263g with the view of amending them and when necessary repeal such laws and create new law/s that are compliant with ICESCR and ILO Conventions.
12. Revisit, amend and when necessary repeal all special and national laws issued by the past administrations including but not limited to Wage Rationalization Act of 1989 and Dual Training Act of 1994, to enable workers to enjoy their right enshrined in ICESCR and ILO Core Labour Conventions.
13. Institute laws and mechanisms where corporations could be held accountable for human rights violations.
14. Issue invitations to all UN Special Procedures particularly with those standing requests, as well as ILO Committee on Freedom of Association to the Philippines as a follow-up to the ILO High Level Mission in 2009.
15. Respect and guarantee the right of workers to a living wage.
16. Stop the policy of contractualization and regularize the current contractual employees. Make clear and concrete action plan towards the scrapping of R.A. 6715 (Herrera Law) and putting a stop to the policy and practice of contractual labor in the country.
17. Take immediate and substantive actions to stop the sweatshop-like operation of factories and make adequate programs for the improvement of their working conditions and protection of the rights of every worker. Pursue cases against companies that did not comply with safety regulations, which resulted in the tragic deaths of their workers. Settlements should not stop the government from pursuing cases against the company owners that violate international and domestic labor standards.
18. Stop neoliberal economic policies of privatization, deregulation and liberalization. Review development and public-private partnership projects in relation to its implications to the enjoyment of the affected communities’ right to work, adequate housing and standard of living.
19. Refrain from the practice of forced evictions and demolition, with or without relocation, and focus instead in utilizing and providing resources and programs to further develop suitable, sustainable and safe urban communities.
20. Enforce regulations that will prohibit employers from circumventing labor laws. Legislative proposals such as the Regular Employment Bill should be certified as urgent to promote full employment of Filipinos. In pursuant with the Magna Carta of Women, women should enjoy equal opportunities as men in work, receive equal pay for equal work and enjoy guarantees against discrimination in hiring, promotion and training.
21. File appropriate cases against illegal and premature land conversion. Prioritize the review of agribusiness permits, leasehold and stock distribution arrangements between landowners and tenants. Support (through condonation) farmer beneficiaries with unpaid bank penalties.
22. Give land access to all qualified tenant farmers, paying attention to women-headed households. Ensure greater state support for women farmers and food security for Filipinos.
23. Adequate protection must be given to the country’s food producers. Immediate review of Philippines’ engagement with World Trade Organization’s (WTO) Agreement on Agriculture must be done to reverse the damaging effects of liberalization in agriculture, which permits importation of agricultural products and consequently kills off the livelihood of farming families.
24. Instead of alleviating poverty through CCT/ 4Ps, the Department of Social Work and Development should coordinate with Labor and Education Departments to push for job generation, livelihood programs, and skills training to make the beneficiaries self -reliant.
25. Review implementation of the laws on violence against women (VAW) and the Magna Carta on Women, and ensure effective implementation by including provisions for the participation of grassroots-based women’s organizations. In the immediate application, conduct appraisals to evaluate the knowledge, awareness, and skills of barangay units nationwide in handling VAW cases. Additional one-stop support centers and shelters for VAWC victims need to be established nationwide.
26. Initiate the abrogation of all military agreements with the US that compromise our national sovereignty such as VFA and EDCA. Such military agreements make the country vulnerable to wars of aggression and invasion as well as open the resources of the country for daily operational requirements of other countries especially the US.
27. Ensure the implementation of a new and genuinely redistributive land reform program that is based on social justice. This will put an end to landlord monopoly of lands and will stop land grabbing. Make sure the implementation of genuine rural development, and national industrialization.
28. Reform treatment and assistance policies and practice for migrant Filipinos on death row, in compliance with the United Nations International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families.
29. Review continuing high incidences of poverty and hunger, poor health and malnutrition, out of-school youth, child labor and sexual exploitation of children in order to develop appropriate and responsive programs and/or plan of action to address such.
30. Allocate budgetary appropriations that follow global standards for basic social services that shall directly benefit poor children and their families such as health, education and housing.
31. Discontinue government actions that promote and support privatization and corporatization of the public health system.
32. Repeal the Republic Act 10533 (K-12 law) and discontinue commercialization of public education.
33. Strongly enforce laws and policies on the prohibition of child labor and further exploitation of children.
34. Review the current situation of the rehabilitation/intervention program of the government, with accorded budget, facilities and human resources meant for children in conflict with the law.
35. Institutionalize through legislation the operation of Barangay Council for the Protection of Children (BCPC) to further promote and protect children’s rights in the local level.

The Philippine UPR Watch will monitor the upcoming regular session of the UN Human Rights Council on September 2017 on the Philippines’ response to States’ recommendations, as well as the implementation of accepted recommendations. While it is important to monitor commitments to the UPR, there remains a wide gap between pronouncements, avowals and commitments and the process of protection and promotion of human rights on the ground. In the years of engagement in international human rights instruments and processes, it is important to emphasize that States, most often than not, diminish the significance of these hard-won gains by peoples’ movements across the world.

However, amid numerous challenges on human and people’s rights, it is imperative that social movements continue to strengthen people’s actions that will truly redound to the realization of people’s rights, social justice and genuine democracy. Ultimately, the power rests on the people’s exercise of our right to institute profound, substantial and comprehensive changes.

*Philippine UPR Watch is a delegation of human rights defenders and advocates that engages in the Universal Periodic Review process of the UN Human Rights Council and brings to the attention of the UN and the international community the human rights situation in the Philippines.

MEMBER ORGANIZATIONS:
Karapatan * National Council of Churches in the Philippines * Bayan * Rise Up * Ibon Foundation * Children’s Rehabilitation Center * Gabriela * Moro-Christian People’s Alliance * Kalipunan Ng Katutubong Mamamayan Sa Pilipinas *National Union of Peoples’ Lawyers* Promotion Of Church People’s Response * Ramento Project For Rights Defenders * Cordillera People’s Alliance * Initiatives For Peace In Mindanao * Hustisya * Desaparecidos * Kawagib* Migrante International* United Church Of Christ In The Philippines * Kilusang Magbubukid ng Pilipinas *

Dear Charice

Dear Charice,

In the news today, it was said that the Philippines ranks as among the most-gay friendly countries in the world. The survey indicated that 73% of the adult Filipinos agreed with the statement that ”homosexuality should be accepted by society.” The news came a week after your now iconic interview with Tito Boy Abunda. Both news trigger various emotions and thoughts on the state of the LGBT community.

As a human rights activist and a lesbian, I hold your words in the interview with high esteem and hope. Your coming out in national television brought forth the need for the invisible lesbian to become visible – as a person worthy of respect, rights and dignity as all citizens. You have pointed out the need for courage to confront the various forms of discrimination that still widely exists in the country and in the world – that you may be considered less than a person or less than your talent because of your choice to speak out in public; that you may earn the animosity of your own family; that you may be considered “less profitable” in an industry that still widely glorifies and promotes the patriarchal constructs in society.

But let me also speak frankly, Charice: I consider you though a more privileged lesbian, because of your economic status and celebrity, and thus with a relatively freer space to come out and live a life without the trappings of a lie on your gender and your choices in love and partnerships. For many lesbians, especially those in the poor sectors in society, they bear the burden of silence on their sexual orientation for fear of losing of their jobs and economic subsistence; that they’d be married off to partners not to their liking to “rehabilitate” them; for fear of losing their families’ and communities’ respect because of they chose to love and live unbounded by the heterosexual norms of society. On the other hand, many lesbians who have come out or those who bear the “open secret” in public may appear to have been “accepted” by society but they are kept within the macho construct and are still paid less in their workplaces and their labour largely uncompensated nor acknowledged. Many lesbians in the peasant and workers’ sectors and among the middle classes face greater challenges as such brutal, discriminatory and violent practices pervade in a society where genuine freedom, equality and justice are absent. These are the hard and real facts that belie the survey on gay-friendly Philippines. Thus, and I cannot be more direct, if we want freedom from injustices based on class and gender, we should work and fight for it together with the many oppressed sectors in society.

These, Charice, are some of the bitter realities which we all face. But, yes, it is with hope that I, the activist and the lesbian, invite you to be a part of that beautiful struggle for genuine emancipation.

Tinay

Sa ika-40 taon ng deklarasyon ng Martial Law: Pinagtagpo-tagpo tayo ng kasaysayan at pakikibaka

Pinagtagpo-tagpo tayo ng kasaysayan at pakikibaka
Para sa mga kababaihan lumaban noong Batas Militar hanggang sa sumunod na henerasyon
Tinay Palabay

Mahaba ang pinagtagni-tagni nating gunita.

Mga kwerdas ng mga luha
sa kusina ng ating tanikala
Sa mga hacienda ng pang-angkin,
pang-aalipin at pang-aalipusta
Mga gapos ng dasal at pangaral
sa dambana ng huwad na Bathala,
Sa mga bilbord na pinaparada
ang ating laman at kaluluwa,
Sa mga pagawaang nananalanta
sa ating dunong at paggawa,
Sa bawat pagsampa ng agilang
sumusukob sa ating paglaya,
Sa mga gubat at kalupaang
entablado ng rumaragasang digma.

Oo, ito rin ang mga batid na alaala
ng mga babaylan,
ng mga kababaihan ng Malolos,
nila Victoria Laktaw at mga babaeng mandirigma,
ng hukbo nila Gabriela, Gregoria at Tandang Sora.

Ang gunita at pakikibaka
ang nagluwal sa mga bagong Filipina.*

Kaya hindi nakapagtataka,
na kahit inihasik ni Marcos
ang kanyang mabangis ngunit duwag na digma,
hindi nabura ang gunita,
hindi nagmaliw ang alaala,
pumailanlang ang mga kataga ng pakikibaka:
Women hold up half the sky!
A woman’s place is in the struggle!
Makibaka, huwag matakot!

Lorena Barros
UP Diliman, BA Anthropology
Tagapagtatag ng Makibaka
Naging kumander ng mga NPA sa Quezon.

Jennifer Carino,
UP Baguio, BS Physics
Kadre ng NPA sa Cordillera.

Liliosa Hilao
Pamantasan ng Lungsod ng Maynila, BA Journalism
Unang babaeng detenido sa ilalim ng Martial Law
Pinatay ng PC ni Marcos sa Camp Crame.

Liza Balando
Organisador, union ng mga manggagawa sa Rossini’s Knitwear Factory
Kasamang pinatay noong May Day Massacre ng 1971.

Maita Gomez
Kilalang “Ka Dolor” ng NPA
Nag-organisa ng mga magsasaka sa Quezon at Nueva Ecija
Tagapagtatag ng Women for the Ouster of Marcos and Boycott (WOMB).

Luisa Posa
Tagapagtatag, Cultural Association of the University of San Agustin-Iloilo at Makibaka-Iloilo
Detenidong pulitikal, apat na beses nakatakas mula sa piitan
Tagapangulo, SELDA-Panay

Nelia Sancho
Naging bahagi ng underground movement noong Batas Militar
Detenidong pulitikal, 1973-76
Tagapagtatag ng Gabriela.

Sr. Mary John Mananzan
Lumahok sa La Tondena strike, 1975, unang strike noong Batas MIlitar
Tagapagtatag at naging pangulo ng Gabriela.

Mula sa kanila,
at sanlaksa pang kababaihan,
nagpatuloy ang laban.

Brenda Sison
BA Journalism, PUP
Miyembro ng Anakbayan
Sumapi sa NPA

Myra “Mayang” Algarme
Concerned Students for Justice and Peace
BS Applied Physics, UP Diliman
Sumapi sa NPA

Carmen “Nanay Mameng” Deunida
Maralitang taga-lungsod mula sa Malate, Manila
Tagapangulo, Kalipunan ng Damayang Mahihirap.

Liezelda Cunado
Magsasaka sa Bohol
Miyembro ng Gabriela.

Kemberly Jul Luna
BA English, Mindanao State University Iligan
Tagapangulo, STAND-IIT MSU
Sumapi sa NPA.

Sr. Stella Matutina, OSB
Pangkalahatang kalihim, Panalipdan!
Misyonaryo sa socio-pastoral communities ng Benedictine sisters.

Mula sa kanila,
at sanlaksa pang kababaihan,

Hinahabi natin ang kasalukuyang pakikibaka
Sa mga kwerdas ng mga luha
sa kusina ng ating tanikala
Sa mga hacienda ng pang-angkin,
pang-aalipin at pag-aalipusta
Sa mga gapos ng dasal at pangaral
sa dambana ng huwad na Bathala,
Sa mga bilbord na pinaparada
ang ating laman at kaluluwa,
Sa mga pagawaang nananalanta
sa ating dunong at paggawa,
Sa bawat pagsampa ng agilang
sumusukob sa ating paglaya,
Sa mga gubat at kalupaang
entablado ng ating kasalukuyang digma.

Malinaw ang pinagtagni-tagni nating paglaban at paglaya.

*Ayon kay Ma. Lorena Barros, the new woman, the new Filipina, is first and foremost a militant…The new Filipina is one who can stay whole days and nights with striking workers, learning from them the social realities which her bourgeois education has kept from her….. She is a woman who has discovered the exalting realm of responsibility, a woman fully engaged in the making of history…No longer is she a woman- for- marriage, but more and more a woman-for-action. (Ma. Lorena Barros, “Liberated Women II” in Pugad Lawin, Taon 18 Blg 3, Enero-Pebrero 1971: 32)

Isang memorabilia exhibit ng mga bagay na may kinalaman sa panahon ng Batas Militar na pagmamay-ari ng isang dating aktibista noong Martial Law, isang personalidad o icon, o replika ng naturang gamit. Kaakibat ng bawat piyesa ay artikulo/sanaysay o likhang sining tungkol sa memorabilia item o sa taong itinatampok na gawa ng ang isang bagong henerasyong aktibista o kabataan. Magbubukas ang exhibit sa ika-14 ng Setyembre, 2012 (Biyernes) ng alas-4:00 ng hapon sa Basement lobby ng UP Diliman Main Library. Iniimbitahan po ang lahat na dumalo at gunitain ang protesta at himagsik noong Martial Law at muling sariwain ang mga buhay at sakripisyo, mga aral, kabiguan at tagumpay ng kilusan ng mamamayan na humubog sa kasaysayan ng bansa. TULOY ANG LABAN! NEVER AGAIN TO MARTIAL LAW! Hanggang Setyembre 21 ang exhibit.

MMMaaaddss, ikaw na!

Nung nalaman kong namatay si Daniel, nalungkot ako at naiyak. Iba talaga pag nakasama mo ang mga taong pinaslang. May galit, may panghihinayang, may lungkot, may hinagpis.

Pero pagkatapos ng isang araw, naisip ko, hindi ito gusto ni Daniel.
Nakilala ko si Daniel bilang isang mahusay na artista ng bayan. Bilang miyembro ng Alay Sining, naging bahagi si Daniel ng masikhay na pagsasagawa ng mga pangkultural pagtatanghal sa pamamagitan ng kanyang makapangyarihang boses (akala mo, macho!). Siya na nga si Dani Misalucha ng UP Diliman.

Nakilala ko rin siya bilang masikhay na kabataang aktibista sa Diliman. Sukdulang makaluray-luray sa kapaguran sa pagpapakilos, pag-eeduka, at pagmomobilisa ng masang estudyante para sa mga isyu at mobilisasyon, tila walang kapaguran si Daniel.

Nakilala ko siya bilang isang magiting na tagapagtanggol ng mga karapatan ng mga bakla, lesbiyana, bisexuals at transgenders bilang organisador ng Progay sa UP Diliman. Sugod mga bakla, para labanan ang homophobia at pagsasamantala! – ito ang isinisigaw ni Daniel noon.

Nakilala ko siya bilang isang boarder sa aming pambansang opisina noon sa NUSP, at doon ko lang napansin pagkatapos ng maraming taon na nakilala ko siya, na ganun siya magsalita. O weno naman, sabi niya. Nakakanta naman ako ng hindi nauutal. Tama naman.

Nakilala ko si Daniel bilang isang mandirigma. Pinasok niya ang mga larangan ng digmaan sa kampus at sa mga komunidad, ang masalimuot at matinik na digmaan hinggil sa kasarian, ang mapanganib na digmaan sa kaparangan. Kinabog niya ang iba, dahil ang dakilang propaganda nung siya’y kabataang aktibista ay kanyang isinabuhay. Pinatunayan niya ang sinasabi sa teorya at praktika na ang magpapalaya sa mga katulad niyang bakla ay ang paglahok sa pambansa demokratikong pakikibaka. Isinabuhay niya ang kanyang isang inawit noong kami’y magkakasama pa sa opisina:

Ang magbuhos ng dugo para sa bayan
Ay kagitingang hindi malilimutan
Ang katawang inialay sa lupang mahal
Mayaman sa aral at kadakilaan

Para ke Daniel, hindi na luha kundi masigabong palakpakan para sa buhay na puno ng aral at kadakilaan.

Pride and Precipitation

As I write, typhoon Falcon has been raging for hours, pounding and pouring on the humble huts, shanties, and homes in Luzon. Everyone is on the look-out for the rising waters in the streets, while some have evacuated from their homes for fear of being hit as hard as with Ondoy’s temper. The typhoon season has indeed arrived.

But as Falcon rages, I am fortunate enough to have a roof over my head, electricity in the barangay where I live and time when I can catch up with reading whatever is on the internet. It is then that I realized that the typhoon season here in the Philippines coincides with the commemoration of the Stonewall uprising in June ‘69 in New York. The rage, passions, and temperament of such significant event have not been lost, even in the damp, cold streets in the Philippines.

Stonewall spurred the awakening of the collective consciousness of the lesbian, gay, bisexual and transgender community to act as a force, out and proud of their colors, challenging the structures of the state that silences, obliterates and negates their existence. Since then, it has been considered as a rallying remembrance of the struggle of LGBT movements throughout the world. In 1994, Progay and the Metropolitan Community Church in the Philippines held the first Pride march in the Philippines and in the whole of Asia. Since then, it has been celebrated as a season not only of pride and love, but more so as season for celebration of the struggle of LGBTs in the country for basic human rights and fundamental freedoms.

Day by day, LGBTs are being deprived of our right to exist. While it is hard enough to find a decent job with living wages, we are being twice deprived of work because we are considered parasites or not qualified or inept. On one hand, those of us who have jobs are twice bludgeoned by unfair labor conditions, unbelievably low and dirt poor wages, and sexual harassment. While it is hard enough to avail of education in our perpetually commercialized educational system, we are being twice deprived of our right to education because they said our morals can contaminate the rest of the studentry and the academe. While it is hard enough to access affordable and appropriate medical and health services in a country whose budget for its people’s health is less than a peso per capita, we are being twice deprived of our right to health because they said the government cannot answer for our promiscuity. While it is hard enough to speak and be represented in our communities and in government, we are being twice deprived of this voice because they said we are innately immorals and we are an abomination to humankind, and therefore we cannot help build a nation. While it is hard enough to build relationships and sustain families in a society that tears families apart, we are being twice deprived of our right to love, to forge relationships, and nurture children. While it is hard enough to live, we are being twice deprived of life because they said, while brutally maiming, killing and raping us with impunity, we have no right to live.

Pray tell us, what choices do we have? We can live, behind the shadows and within our closets, ignoring the painful realities of life in silence. We can die, silently fading into and succumbing to the brutalities we have endured. But in many times in our history, we choose to struggle, and we struggle together, and we weave our strengths with the fine threads of several movements whose members, like us, are being denied of their right to exist.

Tis a season of raging typhoons (Falcon, please leave now so the Baguio Pride Network can march in a more somber weather), and tis a season of Pride. Pride in our numbers, pride in our solidarity with the oppressed peoples, pride in collectively embracing and claiming the rights denied us. Now, more than ever, we take pride in our colorful and beautiful, albeit arduous, struggle against discrimination, patriarchy and the roots of homophobia in this society. Happy pride everyone!

From the Kitchen to the Frontlines: Commemorating the Centennial of the International Working Women’s Day

I will be spending the International Working Women’s Day outside the Philippines this year because I will be with a delegation of human rights activists who will participate in the 16th Session of United Nations Human Rights Council, where I will be presenting the state of women human rights defenders in the country. This will be the first March 8 when I won’t be in thy Inang Bayan. Thus bear with me, as I relive my being a history freak and my revolutionary nostalgia.

Interestingly, this year is the centennial of the commemoration of the International Working Women’s Day. Ninety nine years ago, in August 2010, the Second International Conference of Working Women was held in Copenhagen, convened by Socialist women led by Clara Zetkin from the Social Democratic Party of Germany.* In the midst of their struggle for living wages and decent work at the time of immense poverty, more than a hundred women from 17 countries unanimously approved a resolution for the commemoration of an “International Women’s Day (IWD).” They also called for actions of women to fight for their right to vote, a democratic right. Thus the first IWD was held in March 19, 2011. To quote: The date was chosen because on 19 March in the year of the 1848 revolution, the Prussian king recognized for the first time the strength of the armed people and gave way before the threat of a proletarian uprising. Among the many promises he made, which he later failed to keep, was the introduction of votes for women.

Bread and Roses, that famous poem written by James Oppenheim (who by the way is a man), was first published in December 1910, at the eve of the burgeoning strike of textile workers of various nationalities in Lawrence, Massachusetts. On New Year’s Day, January 1, 1912, the strike started, with a large mass of women workers, hand in hand with the male workers and their children, who fought against the wage cuts and demanded for the following:
*A 15 per cent wage increase;
* Abolition of the “premium system* (a version of present-day “incentive plans”);
* Double pay for overtime;
* No discrimination against strikers;
* An end to speed-up;
* An end to discrimination against foreign-born workers.

Give us Bread — and Give us Roses! That was their call, which became the inspiration for the song set into music by Martha Coleman.

In the book “Bread and Roses”** of Bruce Watson, he made clear the leading role of women in that historic strike:

From the strike’s opening uproar, women had been as enraged and united as men. Come mid-February, with children in exile, men’s endurance faltering, and a gnawing famine as near as each empty kitchen cupboard, women strode into the frontlines. At first, men resisted the enlistment of their wives, mothers and daughters, but once women had proved themselves, their will drove the strike forward.

From the kitchens to the frontlines, the women workers of Lawrence persevered against police violence and government/capital repression. They led the conduct of the famous Children’s Exodus, the dramatic exodus of children from Lawrence to workers’ families and homes in other states in the US, to demonstrate the criminal negligence and abuse of the state on their children and the solidarity of workers in their struggle. Carrying signs such as “Someday we will remember this exile” and “A little child shall lead them,” children of workers left in their hundreds from Lawrence after nights of tight embrace and tears of their mothers and fathers and were welcomed by thousands of workers’ families wherever they were sent. This exposed and brought before the nation and the world’s eyes the oppressive state of labor in Lawrence. After nine weeks of strike, the workers won in their demands.

I consider the centennial of the International WORKING Women’s Day as a celebration of the struggles of working women, their perseverance in the class-based struggle against capital and imperialism, their collective creativity and immense potentials in struggling for bread and roses, for living wages and decent work, for equality, for building and struggling for socialism. In the midst of the tremendous impact of the economic financial crisis on the working class, the imperialist plunder of poor nations, the dirty wars of corrupt and puppet tyrants against the peoples, working women most often bear the worst. Thus ours is a continuing struggle, a struggle with our oppressed proletarian brothers and their children, based on the concrete situation in our nations.

Wherever I may be on that day, remembrance and nostalgia will not be lost on me, but is sure to fire me up even in the cold streets of Geneva, where I will be with sisters living out the lessons and struggles of women in the past one hundred years. Here’s to the next hundred years of fruitful revolutionary struggle of working women!

Bread and Roses***
(Lyrics: James Oppenheim; Music: Martha Coleman or Caroline Kohlsaat)

As we come marching, marching, in the beauty of the day,
A million darkened kitchens, a thousand mill lofts gray,
Are touched with all the radiance that a sudden sun discloses,
For the people hear us singing: Bread and Roses! Bread and Roses!

As we come marching, marching, we battle too for men,
For they are women’s children, and we mother them again.
Our lives shall not be sweated from birth until life closes;
Hearts starve as well as bodies; Give us Bread, but give us Roses.

As we come marching, marching, unnumbered women dead
Go crying through our singing their ancient call for Bread.
Small art and love and beauty their drudging spirits knew.
Yes, it is Bread we fight for, but we fight for Roses too.

As we come marching, marching, we bring the Greater days,
The rising of the women means the rising of the race.
No more the drudge and idler, then that toil where one reposes,
But a sharing of life’s glories: Bread and roses, bread and roses.

*From the book “Clara Zetkin: Selected Writings,” 1984
**From the book “Bread and Roses:Mills, Migrants and the Struggle for the American Dream,” 2005 (bought for P20 at Booksale Cubao)
***From page 119 of the book “Bread and Roses:Mills, Migrants and the Struggle for the American Dream,” 2005

Postscript: Milyong palakpak para sa Morong 43

Una kong narinig ang Palakpak 43 nung una kong nakilala ang mga miyembrong kababaihan ng Morong 43 noong Hulyo 2010. Mula kasi noong kanilang pagkakahuli nung Pebrero, hindi na ako nagkaroon ng pagkakataong makabisita sa kanila dahil sa lampas-ulong gawain sa labanang senatoryal noong eleksyon. Kaya naman amazed ako noong nagpalakpak-43 sila sa isang programa noong una ko silang nakilala at kinilala. Mula noon, I was taken, ika nga, sa palakpak na simbolismo ng reyalidad ng kanilang pagkakaisa, tatag, sakripisyo at hindi nasasaid na tiwala sa sambayanan ng mga miyembro ng Morong 43.

May partikular na kurot sa akin ang partikular na kalagayan ng mga kababaihan ng Morong 43, dahil may mga partikular silang sitwasyon — karamiha’y nasa gitna ng kanilang kabataan (halos ka-henerasyon ko ang karamihan), may mga anak na maliliit pa, may mga ipapanganak pa lang na mga munting anghel, may mga karamdaman, may mga anak na may problema sa kalusugan, may mga kabiyak na umaasa sa kanilang lakas. May partikular na kurot sa akin ang partikular na kalagayan ng mga kababaihan ng Morong 43, dahil may mga partikular silang “crisis response” sa kanilang pagkakapiit — awit, sayaw, tula, paggawa ng beads, pagpapalipad ng kites sa flagraising, paglulunsad ng kampanya hinggil sa kalagayan sa loob ng kulungan, pagsusulat ng mga pahayag, pagbibigay ng tulong medikal sa ibang inmates, paglulunsad ng mga discussion groups sa loob ng kulungan, paglaladlad ng istrimer, pag-antabay at pag-aaral sa mga balita sa telebisyon at radio, at maraming iba pa. Kumbaga, no time wasted even inside prison.

Mula noon, sa kada linggo ng bisita ko sa kanila, ay linggo, hindi lamang ng balitaan hinggil sa kampanya para sila’y mapalaya, kundi linggo rin na nagkakapalitan ng mga ideya, karanasan, kwentong buhay at iba pa.
Dalawang beses lang ako nakapunta sa selda ng mga kalalakihan sa MMDJ Compound. Nung una akong pumunta, nagkataong me menstruation pa naman ako, ni-require akong pumunta sa isang maliit na silid sa may gate at pinababa ng gwardyang babae ang aking pants at underwear. Kahit na sinabi ko pang “meron” ako, kailangan daw ibaba ko ang panty ko at kakapain daw nila kahit ang napkin ko. Aba, nagalit talaga ako! Sabi ko, nakakababoy naman ng pagkatao ang polisiyang strip search nila! At mula noon, hindi na ako makadalaw sa mga kalalakihan ng Morong 43, liban na lang sa dalawang beses na kasama kong bumisita ang mga foreign lawyers at mga kongresista. Isinumpa ko sa sarili kong kakaririn ang kampanya para sa pagbabasura ng polisiyang strip search. Ngunit mula sa aking maiksing panahong nabisita sila, natatangi ang alab ng mga pananalita ng mga kalalakihan ng Morong 43 dahil sa lalim ng conviction nila, na dahil sa batid nilang mas higit na malaki ang kahirapan at sakripisyong dinaranas ng mga mamamayan at mga taga-suporta nila sa labas ng kulungan, handa silang harapin ang sakripisyo sa loob ng kulungan.

Sa kulturang Filipino, ang luha at pag-iyak ay tanda ng kahinaan, ng “malambot” na nararamdaman, ng walang rasyunal na pag-iisip. Kaya naman kahanga-hanga, hindi nakakahiya, ang luha at pag-iyak ng mga kababaihan at kalalakihan ng Morong 43 noong Disyembre 10 nang inutos ni Pnoy ang pag-urong ng mga kaso laban sa kanila at noong kanilang paglaya kahapon. Unti-unting nababasag ang mitong ito ng luha at pag-iyak. Ang kanilang luha at pag-iyak ay naging tanda, hindi lamang ng kasiyahan sa mga positibong resulta ng paglaban at pakikibaka, kundi ng kanilang hindi nasasaid na pagnanais na gamutin ang sakit ng mamamayan at lipunan para sa pambansang kalayaan at demokrasya. Sa maiksing salita, kabog ang mga macho sa mga luha ng Morong 43!

Matagumpay ang laban ng Morong 43 dahil ito ay nagpakita ng lakas ng pagkakaisa ng Morong 43 at lahat ng detenidong pulitikal sa buong bansa. Halos buwan-buwan na nagfasting ang political prisoners (PPs) sa Cebu at Bohol para sa panawagang palayain ang 43 at lahat ng detenidong pulitikal. Daan-daang PPs ang sumabay sa nationwide fasting at hunger strike ng mga PPs noong September 17 at December 3, kabilang na sila Myrna Cruz, Angie Ipong, Zaldy Canete, Ed Serrano, Ed Sarmiento, Randy Malayao. Nagrally at nagprograma ang mga PPs sa New Bilibid Prison, sa Camp Crame, sa Misamis Occidental Jail, sa Danao, Tagbilaran at Lapu-lapu City, sa Compostela Valley. Ang pagkakaisang ito ang naging matibay na salalayan sa kampanyang inilunsad ng mga pamilya, taga-suportang organisasyon kagaya ng Karapatan at SELDA, indibidwal at personahe at mga pandaigdigang organisasyon at personahe. Sila ang higit na pinasasalamatan sa labang ito. Sila ang may natipong isanlibo’t isang aral at karanasan sa pagsusulong ng laban ng mamamayan. May ilan mang naiwan sa 43, tiyak na ilalaban pa rin ng mga makabayang abugado at human rights advocates ang kanilang mga kaso.

Milyon, hindi lamang apatnapu’t tatlo, ang pumapalakpak ngayon sa tagumpay sa paglaya ng 43. Milyong kamao rin ang nakataas kamaong nagpupugay sa patuloy na pakikibaka para sa pagpapalaya ng lahat ng detenidong pulitikal at sa bayan.

P.S. Kasama sa mga kamaong ito ang mga kamao ng dalawang babies na kasama kahapon sa paglaya ng kanilang mga ina. Nagngangangawa man sila sa kaiiyak dahil gutom na sila, tiyak na ramdam ng mga bebe ang kasiyahan ng kanilang mga ina sa paglaya nilang lahat!

A CALL FOR FREEDOM ON HUMAN RIGHTS DAY – BY THE MORONG 43, CAMP BAGONG DIWA, BICUTAN

A Call for Freedom on Human Rights Day
By the Morong 43
Camp Bagong Diwa, Bicutan

The International Human Rights Week is supposed to be a celebration of our enjoyment of rights as people, regardless of age, race, color or social status. But rampant violation of human rights across the nation could never give us the reason to celebrate.

As we continue our hunger strike, we express our solidarity with all the victims of human rights violations in their pursuit of justice. We also share the sentiments of other political detainees who suffer because of the slow course of justice. We condemn the killing of activists and journalists who have exposed realities of society. As health workers, we lament and strongly condemn the perpetrators who raped “Florence”, a nurse, and the senseless killing of botanist Leonard Co who contributed largely to the industry of herbal medicine.

These are only some of the numerous people who became targets of state agents for the mere reason that they serve poor communities. As health workers still detained for ten months, we share their plight and their families’ struggle. It is unfortunate that the price we have to pay to render service to far-flung communities is as expensive as our own life. Our experiences tell us the irony of being harassed, tortured, jailed or killed in a so-called “democratic” society. While our constitution and international declarations all pertain to protection of human rights, we couldn’t but question the administration’s seeming indifference to us who are victims of state brutality and acts of torture.

Morong 43’s illegal detention for barely a year now should be more than enough time for justice to be rendered in our case. In spite of gross constitutional and human rights violations since the day were arrested, we patiently waited for the President’s “righteous path” to happen. Even our families and supporters have always been present in all our hardships, lobbying for our freedom and giving us the courage. Though they shed tears each day that passed that we’re still in jail, they were still hopeful, believing that our call to be free has not fallen of deaf ears.

We know that our hunger strike signifies a legitimate call, giving us the strength to continue our struggle until we are heard and freed. We therefore call on President Noynoy Aquino to rectify the errors done against us, especially the blatant HRV’s of the past regime. He should end this culture of impunity, heed the call of our people and show sincerity through concrete actions.

As we commemorate Human Rights Week, we call on the Filipino to continue the fight of those who have been killed or disappeared, and for those who still suffer because of injustice. Together, let us stand up and act for what is just and right.

Free the 43 health workers now!
Free all political prisoners!
Justice for all victims of human rights violations!

Coming OUT: Proud of the LGBT community, proud to be an LGBT activist

A month before the Pride March this December, I reminisced the past few Prides I have been to in the last years. By the way, there are two Pride events every year here in the Philippines. One is I think the official Pride parade every June because it is commemorative of the Stonewall Riots, and one every December during the week of the International Human Rights Day. All pride marches I have attended were colorful, gay and proud.

This year, I supported the Bayan Muna and Makabayan contingent in the Pride March in Quezon City. Our throats were parched from screaming and chanting “We’re out, we’re gay, free the 43 today!,” “Lesbian rights are human rights, gay rights are human rights!” I guess everything paid off and our contingent won the “Most Spirited Contingent” award. Last year, we won three awards: “Most Spirited Contingent,” “Biggest Contingent,” and Liza Maza as Pride Queen.

Bemz Benedito of Ladlad asked me while there was an ongoing program: “Tinay, maraming nagtatanong, kung lesbiyana ka raw ba?” And I said, “Anu ba, bakla. Kakaririn ko ba ang pagsuporta sa LGBT kung hindi.” But her question was so discomforting that I asked myself, “Am I really out of the closet?”

For the past years, I, as a person, have been known as many things — a nerd-looking CAT officer during high school, a youth leader, a woman leader, but yes, never a simple lesbian activist. During the first few years of my being an activist, I have deliberately closeted myself, despite open secrets of relationships with fellow lesbians. Call it internal homophobia, but I attribute it more to a struggling identity in a social movement not really that keen just yet on recognizing that there are human beings such as LGBTs. I gathered more courage when I learned the theoretical bases and practice on the struggle for emancipation. It was then when I came out to my friends (or ex-friends), girl groups and some macho friends.

But may be that wasn’t enough. I came out marching in Pride marches. Not enough. I prodded on my former partylist’s support for LGBT issues and events. Not enough. I networked with LGBTs and groups. Not enough. Hay, alangan namang magpresscon pa ako para sabihing lesbiyana ako! 🙂 But I think, Bemz’s question gave me the jolt, made me challenge myself, how can you do more for the LGBTs, in the midst of everything you are into. How can you be OUT there for the struggle for the LGBTs. Since then, I have been brooding, brooding, brooding. And as all bright ideas come from extraordinary situations, Eureka!, I have thought of several ideas in my comfort time in the comfort room. The next months will then bear witness to my being OUT as a lesbian and as a lesbian warrior for the LGBT community.

As a postscript, may I just add a few thoughts on GENUINE LGBT activism. It should not about the amount of foreign funds that go into LGBT NGO work, it should not be about appearing to know or sympathize or advocate or fight for the LGBTs, it is not about paying lipservice about LGBT activism while promoting and actually proliferating macho and opportunist principles, it is not just about form, it is not about reformist principles. Any genuine LGBT activist can see through those who seem to be LGBT activists in form: they have fake smiles and they don’t have the heart and soul to struggle.