MINING AND SUSTAINABLE DEVELOPMENT: A Call for Environmental Accountability

MINING AND SUSTAINABLE DEVELOPMENT

TALKING POINTS

Mining Forum and Launch of the

National Resource Management Agenda

A Call for Environmental Accountability

Davao, 18 September 2008

Hon. Lorenzo R. Tañada III

Chair, Committee on Human Rights

House of Representatives

Maayong Hapon! It is my pleasure to be in this mining forum and launch of the National Resource Management Agenda initiated by AFRIM and its partner NGOs and POs. I also would like to thank one of Davao’s finest Councilor for facilitating my participation in this event.

I have been asked to share my perspectives on mining and sustainable development wearing my hat as member of Congress.

Let me ask you all several direct questions:

• Can mining harm the environment?

• Will mining sacrifice the rights of indigenous peoples and violate human rights?

• Will it endanger the country’s food security?

When we think about the Marcopper (Placer Dome) in Marinduque, Rapu-Rapu (La Fayette) in Albay, the TVI Pacific in Canatuan, Siocon here in Mindanao, and several others, the images of the mining disasters and violations on the rights of people living in those communities, then we shall all say that the answer is a resounding YES. Therefore, the conclusion is that mining should not have any place in our country’s development plan.

But still the nagging afterthought – other countries were able to take out their minerals from the earth without violating human rights, their food security has been enhanced as they were able to buy more food in exchange for the minerals they have exported, and with minimal harm on the environment, why can’t we?

The answer I would say, is because we are only launching the National Resource Management Agenda now. Had this document been available at the time when the Mining Act of 1995 otherwise known as Republic Act 7942 was being debated, and the basic principles and framework for managing resources as cited in the Agenda is incorporated in the law, then perhaps we shall not be having mining disasters of the sort we have seen. And perhaps the primacy of the Indigenous People’s Rights Act is held over the Mining Act of 1995.

It is in this light that I congratulate AFRIM for leading a multi-stakeholder consultation to precisely grapple with questions of sustainable development and ensuring that it is our people that truly benefit from the utilization of our natural resources.

I couldn’t agree more with AFRIM in the enumeration of principles that should be contained in the Natural Resource Management Agenda – sustainability, equitability, responsible stewardship, systems orientation, and just peace and the six elements that aid the fulfillment of the vision include: tri-people¹ focus, self-determination, gender-sensitivity, participatory and consultative decision-making, decentralized and emancipatory management, and food sovereignty.

So, sana noon pa andito na ito.

But then again, some of you might say, Erin, you must be dreaming. The author of Republic Act 7942 was then Senator Gloria Macapagal-Arroyo. Can you safely say that principles of sustainability, equitability, food sovereignty, participatory and consultative decision-making are even in her vocabulary? 

But levity aside, I do thank AFRIM for the wonderful initiative as I hope to further contribute in enriching the Agenda.

The Mining Act is Seriously Flawed

Allow me to delve on Republic Act 7942. My father, former Senator Wigberto Tañada is among those who questioned the constitutionality of the Mining Act in GR No. 127882 filed February 7, 1997. It is a celebrated case since the petition challenged the very foundation of Government’s policy in the administration and management of the country’s mineral lands and resources.

The petition is mainly for the nullification of the Philippine Mining Act o 1995 and the Financial or Technical Assistance Agreement (FTAA) entered into by and between the Philippine Government and WMC (Philippines), Inc. for being unconstitutional.

On January 27, 2004, the Supreme Court declared all provisions of the Philippine Mining Act of 1995 which allows the direct participation of foreign-owned corporations in mineral resources exploration, development and utilization in the country.

It was a short-lived victory as on December 1, 2004, the Supreme Court reversed its January decision and declared all provisions on foreign participation – including FTAA of the Philippine Mining Act of 1995 constitutional. And the rape of our environment worsened…

I, just like my father, maintain the position that the Mining Act is seriously flawed and it is still riddled with constitutional questions. Proof of the matter is I am party to another case filed against RA 7942, this time zeroing in on two sections of said law, singling out Sagittarius Mines, Inc., Oceanagold Philippines Inc., and TVI Resources and Development Philippines Inc. .

Section 80 of the Mining Act of 1995 is constitutionally infirm as it limits government’s share to excise taxes. In short, it severely undermines the state’s taxation power. This contradicts the Constitutional provision that development of the national patrimony should be based on an equitable distribution of wealth. Further, the DENR had no basis to enter into Mining Production Sharing Agreements (MPSA) as the law did not constitutionally provide for the basis for sharing. This cannot be simply remedied by an executive issuance.

The petition likewise questions Section 81 of said law, again pertaining to Financial and Technical Assistance Agreements and prayed for a halt of the issuance of mining permits by the DENR.

My dear friends, two FTAAs cover 447,308 hectares that include indigenous communities, with 54 more FTAA applications targeting 2.3 million hectares of land in the country. Done outside the framework of sustainable development and equitable distribution of the benefits from the utilization of our natural resources, then we shall be wrecking havoc in our environment and our people’s lives.

The Need for Corporate, Government and International Social Responsibility for Mining

Apart from the principles that are embodied in the Natural Resources Management Agenda, permit me to add a few points with regard to social responsibility for mining. Some of these recommendations are lifted from the study done by Christian Aid, entitled “Breaking promises, making profits: Mining in the Philippines” published in December 2004.

Mining companies should:

• Support improved regulation at both national and international level.

• Desist from the use of paramilitary troops

• Should recognize and respect the right to free, prior informed consent and right of communities to say NO to a mining project.

There are a lot of recommendations, “dos and donts” that are being put forward to the government. Among them are:

• Public notification should be followed where a mining proponent exists

• Adequate time should be allowed to determine local opinion (six months)

• Deployment of military or paramilitary forces in an area prior to or during consultation is unacceptable

• Any legal contests to the granting of a Certificate of Ancestral Domain Title should be secondary and should not cause the displacement of indigenous community while the suit is pending.

• Government should decisively investigate and prosecute any reported human rights violations.

Further, there is a need of some form of international regulation which would ensure that:

• Companies operate to the same standards in other countries as they do in their home countries, except where host countries have higher standards – these should be respected.

• International law should ensure that minimum environmental and social standards are made binding for all companies. This will prevent host countries from lower standards to attract investments.

In the absence of international regulation, I would argue that these proposals can still be studied and explored so that an overhauled Mining Act, which captures the NMR Agenda’s framework and principles and the things I have mentioned.

State of Mining Legislation in Congress

As I end, allow me to just say that I think there is a real need to actively engage Congress so that at the minimum, a review of the Mining Act of 1995 is done and that the principles of sustainable development, food security, respect for the rights of indigenous peoples are in the forefront. Sadly though, the Committee on Natural Resources where bills² which amends and/or repeals the Mining Act are lodged has only had one public hearing so far. And by the way things are going, I’m not sure if any of those mining-related bills or resolutions would be reported out by the Committee. Its Chair by the way, is Congressman Iggy Arroyo.

I think this is a rather lengthy discourse. Thank you very much for the opportunity to address this forum and I look forward to an enlightening exchange of ideas.

Mabuhay tayong lahat!

1 Tri-people means Muslims, migrant settlers, and IPs

2 There are 4 bills filed pertaining to mining – one by BM, two by Cong. Bichara, and another one by Congw. Carmencita Reyes; Villafuerte has a resolution pertaining to mining permits

TAÑADA DISAPPOINTED WITH THE SENATE JPEPA VOTE

Vice Chair of the Special Committee on Globalization, Lorenzo “Erin” R. Tañada III expressed disappointment with the simple concurrence of 16 senators to the controversial Japan Philippines Economic Partnership Agreement (JPEPA) last night.

“While I salute the four senators that dissented – Senators Aquino, Pimentel, Madrigal and Escudero, it seems that the others turned a blind eye not only on the inherent infirmities of the treaty but all the utter uselessness of the so-called Exchange of Notes between Foreign Affairs Minister Koumura and DFA Secretary Romulo that was supposed to address the constitutional questions – land ownership, control over resources, right to operate public utilites - on JPEPA. Jobs and industries are on the line,” he said.

During the budget deliberations of the Department of Trade and Industry, Tañada took the floor of the House of Representatives to point out:

One, that the exchange of notes was just a shared understanding between the two parties and is not integral to the treaty;

Two, even if it was made an integral part of JPEPA, paragraph 4 thereof expressly provides that it “does not modify the rights and obligations of the parties under the provisions of JPEPA.” It therefore renders the entire Exchange of Notes inutile.

Three, other countries were able to get better deals from Japan, why were we not able to?

He likewise cautioned that the mere side notes on the toxic issue does not automatically solve the problem as the Philippine Senate has yet to ratify the amendments to the Basel Convention on the Control of Transboundary Movement of Hazardous Wastes.

“While the Basel Convention is intended to prevent the entry of toxic waste from Japan under the Japan-Philippines Economic Partnership Agreement, it does not exclude export of recyclables so long as the host country allows it.  The amendment to the Basel Convention precisely disallows this. The Senate should have ratified that amendment to close the loophole on the toxic waste issue,” Tañada said.

The congressman raised the strong warning that JPEPA sets the template for all other bilateral agreements that the country will enter with other countries henceforth.

“We could have had a much better template. JPEPA is WTO plus. It includes issues like government procurement, export competition and investments which were roundly rejected by developing countries in the WTO ministerial meeting in Seattle in 2000. Let us therefore expect greater liberalization of our economy at a time when were are deeply in crisis,” he warned.

I CHOOSE NOT TO PARTICIPATE IN THIS IMPEACHMENT PROCESS

A Manifestation

Rep. Lorenzo R. Tañada III

4^th District, Quezon Province

2 December 2008

Mr. Speaker,

Friends from both sides of the aisle and outside the halls of this august chamber have asked why I did not participate in the Committee of Justice during the impeachment proceedings.

Mr. Speaker,

I purposely boycotted the impeachment proceedings in the Committee of Justice. After having witnessed and participated in three impeachment proceedings, it is my humble opinion that no sitting President, present or future, will ever be impeached by the House of Representatives through proceedings in the Committee on Justice. As a matter of fact, I do not even see any future impeachment complaint hurdling the obstacle of “sufficiency in substance”. The only avenue left for a sitting or future President to be impeached is through the “fast-track” model that is if 1/3 of the Representatives affix their signatures as endorsers of the impeachment complaint or vote against the Committee Report dismissing the impeachment complaint which seems to be an impossibility nowadays when this or any President in the future commands tremendous power and influence.

Mr. Speaker,

Sumasangayon ako na ang impeachment ay isang political na proseso kung saan ang tanong na dapat sagutin ng impeachment court sa Senado ay kung tatanggalin ba o hindi ang Pangulo. It is not the duty of the House of Representatives to act as an impeachment court. Sad to say, in my humble opinion, the House of Representatives has been over-stepping its duty and has been acting as an impeachment court by the sheer force of numbers and not out of reason and fairness.

I believe that the Truth will never be ascertained in a political process where numbers are used as a basis on determining whether a President should be held accountable for his or her actions. As I explained my vote in previous impeachment proceedings, impeachment proceedings do not automatically find a President guilty but may also declare him innocent.

Mr. Speaker,

When will we ever take the task to impeach public officials seriously so much so that we take time to hear and appreciate testimonies and evidence?

How do we view our sole and sacred duty as members of the House of Representatives to hold the President accountable as enshrined in the Constitution?

Is the Article on Accountability of Public Officers regarding the Office of the President rendered inutile by sheer numbers?

Is this the message that we want to send the youth? That numbers can hide the truth.

Mr. Speaker,

I can feel our youth’s disenchantment with political institutions and their sense of helplessness and hopelessness. We may pat ourselves in the back and be proud of what we accomplished today. I feel we just proved to the youth of the land that we the House of Representatives have failed to inspire them to love our country more beyond self and beyond party affiliation.

Mr. Speaker,

Paumanhin sa mga kaibigan sa mayorya at sa minorya na alam kong ibinigay ang panahon sa napakasalimuot na isyung ito. Ayokong maging bahagi sa isang proseso na nagbibigay ng maling pag-asa sa hinahanap nating katotohanan. Tiyak ako na ito ang ikakasira na naman sa imahe at kredibilidad ng Mababang Kapulungan kung may natitira pa.

And so, I choose not to participate in this process. I choose to boycott and not take part in the vote that we are about to cast tonight.

Thank you very much.

TAÑADA ON THE PASSED 2009 BUDGET: “INSTITUTIONS MUST BE STRENGTHENED, BICAM MUST BE OPEN”

Rep. Lorenzo “Erin” Tañada III, (LP, Quezon Province) expressed a lot of caution and called for vigilance in ensuring that whatever increases that were made whether through direct or indirect lobbying work by the Alternative Budget Initiative (ABI) or even at the initiative of legislators themselves are properly monitored and accounted for.

“My good friend, TG Guingona calls for budget reforms, but I think a key ingredient in his budget reform call is the strengthening of institutions for greater transparency and accountability. Indeed, the fear of throwing good money after bad is very real especially for departments heavily associated with corruption and even patronage politics. What with 2009 being a year prior to an election year. Yet it should not be grounds for totally depriving a public institution of much-needed funds for programs that directly address poverty both in the medium and long-term. I’m talking about important rural infrastructure, improved health care, quality textbooks and teacher re-training programs, and of course, funds for agrarian reform,” the legislator said.

Tañada is one of the authors of HB 5256 which aims to strengthen people’s participation in budget processes both at the national and local government levels.

“I believe that a key ingredient in strengthening institutions is people’s access to information. One aspect of that is for people to be given complete information on what the Executive, whether national or local, intends to do with the taxpayers’ money and be given a chance to participate effectively in the crafting of the same. Very seldom do you see LGUs posting their budget in the community bulletin board or their web site but I think that is an important step in showing good faith. After all, the only way people can effectively participate in decision-making processes such as the budget is if they have access to correct and timely information. In fact, the Bicam on the budget must be open as just as some legislators are calling for government witnesses to waive their right over bank secrecy, there should also be no secrecy in the Bicam,” Tañada said.

TAÑADA ELATED WITH THE PASSAGE OF THREE HUMAN RIGHTS BILLS

The House of Representatives approved on third and final reading Thursday night the Anti-Torture (House Bill 5709) Anti-Involuntary Disappearance (HB 5886) and the Protection of Victims of Internal Displacement (HB 5864).

Quezon Rep. Lorenzo “Erin” Tañada III who chairs the House Committee on Human Rights and who is one of the co-authors of said bills hopes that his Senate counterpart would act on the same measures quickly. He likewise gave credit to the tireless efforts of the bills’ principal authors, Cong. Edcel Lagman for the Anti-Torture and Anti-Involuntary Disappearance, Cong. Risa Baraquel for the Protection of Victims of Internal Displacement, Cong. Satur Ocampo of Bayan Muna and Cong. Mat Defensor who chairs the House Committee on Justice to which the first two bills were principally referred to.

“I hope this paves the way to greater state responsibility in ensuring and protecting the rights of our people. Congress can just legislate but in the end, it is still the executive who will implement these laws,” he said.

The Anti-Involuntary Disappearance Bill, or House Bill 5886, describes involuntary disappearance as one of the most cruel forms of human rights violations. It adopts the United Nations definition of enforced or involuntary disappearance, which is when a person is arrested, detained or abducted against his will by officials or employees of government agencies who subsequently refuse to acknowledge taking custody of the victims. The state is required to ensure the safety of all people involved in the search for the missing and the investigation and prosecution of cases. The bill emphasizes the duty of securing the welfare of victims, their families and witnesses.

The Philippines has been seeing a spate of enforced disappearances, mostly of left-wing activists, and the cases have earned the country criticism both here and abroad.

HB 5709 or the Anti-Torture Act makes torture a crime and exacts punishment not just to those who directly inflict it but also those who order their subordinates to subject prisoners or suspects of torture.

Finally, HB 5864 provides for mechanisms so that victims of military operations against the New People’s Army and the MILF and MNLF are accorded their basic rights – ensuring that their lives, rights, properties and welfare are protected among others.

“Let’s train our guns now to passing the Compensation Act for the Human Rights Victims. It is long overdue. Some of the victims are no longer around to get what is due them and their families,” Tañada ended.

TAÑADA ON THE PASSAGE OF THE SSS BILL: “IT’S A MINI-TRIPLE STIMULUS PACKAGE”

Rep. Lorenzo “Erin” R. Tañada III (Liberal Party, 4th District, Quezon) hailed the passage on third reading in the House of Representatives HB 5922. This bill, authored by Tañada together with Representatives Raul del Mar and Amelita Villarosa will grant the Social Security System a one-time authority to condone the penalties slapped on unpaid employers’ remittances.

He called it a triple mini-stimulus package because first, it provides a strong incentive for companies that have been in arrears on their principal payments for their employees’ contributions to immediately settle what is due and overdue, minus the huge burden of dealing with the delinquency penalties that have been slapped on them. According to Tañada, the 3 percent a month penalty is indeed burdensome and once in arrears and not quickly addressed, it can really pile up. So this is a stimulus package for these troubled companies, companies that, by and large, do not want to be delinquent in the first place, but because of the series of crises that hit our country, failed to remit what is due as the employers’ share for their employees contributions to SSS.

Second, he said that by providing this breathing space for troubled companies, we are actually helping SSS to immediately collect about P57 billion of the P95 billion overdue principal payments which would otherwise be difficult to collect. A lot of troubled companies choose not to pay what SSS demands of them because the penalties that have accumulated are actually bigger than the principal that they should have been paid. Of the P325.5 billion that is collectible by SSS as of 31 May 2008, P230.82 billion is accounted for by penalties and only P94.6 billion is accounted for by the principal payments that are due. Past SSS condonation experience shows that on average, 60% of those which have accumulated principal payments chose to settle what is due in outright cash. Sixty percent of P94.6 billion is P57 billion which could easily beef up SSS’ coffers. That is the stimulus package for SSS.

Third, Tañada thinks that this is the most important and immediately needed stimulus package directed at ordinary, privately employed individuals. “With collected and settled principal payments for the SSS members’ contributions, they can now avail of the privileges of a good standing SSS member – claim benefits and get loans – benefits that would otherwise not be available had their principal payments remain unsettled. That’s the stimulus package for ordinary, privately employed individuals.”

Tañada who chaired the technical working group of the Committee on Government Enterprises that prepared the draft substitute bill shared that the TWG was quite conscious in finding a middle ground so that they are able to help companies which have been unable to settle obligations with the SSS without sacrificing SSS’s financial viability and actuarial life.

“We were also quite conscious that we do not unduly reward those who have been remiss with their obligations to the disadvantage of companies who have been very diligent in making timely payments to the SSS. Those who have been remiss with their contributions would still have to pay penalties but not as huge as what the SSS charges them. The bill provides a sliding scale of condonation depending on the mode of settling the overdue SSS contributions. Those who choose to settle the principal payments even before this bill is passed into law will only pay one percent of the penalties that are being charged by the SSS. Those who choose to settle with outright cash payment the principal that is due to the SSS after this is passed into law will have to pay 5% of the penalties being charged them. Finally, those who choose to pay the principal on an installment basis will have to still pay 15% of the penalties that is due,” he described.

EXPLANATION OF VOTE ON THE MATTER OF THE IMPEACHMENT PROCEEDINGS AGAINST OMBUDSMAN GUTIERREZ

HON. LORENZO R. TAÑADA III

EXPLANATION OF VOTE
ON THE MATTER OF THE IMPEACHMENT PROCEEDINGS
AGAINST OMBUDSMAN GUTIERREZ

I vote against the Committee’s determination of the insufficiency in substance of the impeachment complaint against Ombudsman Gutierrez. I believe the facts as set forth in the complaint clearly point to her having violated her constitutional duties and betrayed the public’s trust.
The peculiar position occupied by the office of the Ombudsman in our government serves to make its effectiveness dependent upon the trust and confidence reposed upon it by the people. Given the delicate nature of its authority, to allow even a hint of doubt as to its integrity casts a shadow over the entire government. The Ombudsman is supposed to watch public officials in behalf of the Filipino people; this is the reason why it was given constitutional independence. Once the Ombudsman’s integrity is called into question, however, our entire system of accountability is compromised. As the sole constitutional body with the power to hold the Ombudsman accountable, Congress would thus be remiss if it does not allow the impeachment proceeding to continue—if only to dispel these allegations, if ever they are indeed baseless. The haste with which the hearings were conducted at the committee level precluded a conscientious investigation into the substance of the complaint, leaving much unturned and unanswered. To abandon the process now would be detrimental not just to the people, for leaving their Ombudsman with a besmirched reputation, but to the accountability exacted by the impeachment process itself.
The charges against the Ombudsman are no mere trifles; at the very least we should inquire more assiduously after the facts and allow the officer to account for questions relating to her performance of duty. A cloud has been cast over this most sacred of offices, and in exercising our vote today, we either choose to let it fester in the muddied depths of disrepute or usher it back into the public’s confidence.
We must be reminded that each impeachment proceeding sets a precedent for the standard of accountability that we demand of our public officers. “Trust”, “duty”, “fidelity”: these are abstract concepts; but we make them real and bring them into operation each time we rule upon a complaint. More than just political exercises, impeachment proceedings are really progressive attempts to answer the question, ‘how trustworthy must our public officers be, how faithful, how true?’
I myself choose to exact from the Ombudsman’s office a standard of utmost trustworthiness and absolute fidelity, and for this reason, my vote is a NO against the recommendations of the Committee on Justice.

Thank you.

TAÑADA TO CJ PUNO: “LEAD THE COUNTRY’S MORAL RECOVERY BY REVERSING THE SC DECISION ALLOWING THE CONVERSION OF THE SMC SHARES THAT BENEFIT DANDING COJUANGCO”

Office of Rep. Lorenzo R. Tañada III
Chairperson: Committee on Human Rights
Northwing 409, House of Representatives, Quezon City
telefax: 9316478 or 9315001 loc. 7368 email:erin_tanada@yahoo.com
News Release- November 17, 2009 References: Erin Tanada-09193688555 Media officer: Laurice Ramos- 09228433311
TAÑADA TO CJ PUNO:
“LEAD THE COUNTRY’S MORAL RECOVERY BY REVERSING THE SC DECISION ALLOWING THE CONVERSION OF THE SMC SHARES THAT BENEFIT DANDING COJUANGCO”

Representative Lorenzo ‘Erin’ R. Tañada III (LP, 4th District, Quezon Province) challenged Supreme Court Chief Justice Reynato Puno to “walk the talk” in his call for moral recovery in the country by taking a good second look at the Supreme Court’s September 17 decision which granted the urgent motion by COCOFED to allow the conversion of 27%  CIIF-San Miguel shares,  from common to preferred shares.

“Yes, there is a risk of sub judice here when I make this statement as Congress cannot actually discuss matters that are already with the courts.  Yet, I am willing to risk it if that’s what it takes for the Supreme Court to at least take a serious look at the motion for reconsideration that was filed by groups representing the interest of coconut farmers as well as the dissenting opinion of Justice Carpio Morales.”

Further appealing to the Chief Justice’s call for the State to respect and uphold human rights, Tañada, who is  Chair of the Committee on Human Rights in the House of Representatives said, “there is nothing more downright violative of the rights of the coconut farmers than what the PCGG has done and has kept on doing with regard to the coco levy funds.  PCGG is mandated to keep in trust and preserve its value until its final turn-over to their rightful owners – the coconut farmers,  With the supreme court’s concurrence to the PCGG and even the Solicitor General’s recommendation that the conversion of SMC shares be allowed to take place, there is no assurance that the value of such shares will be preserved.  Worse, PCGG loses its voting rights and control over those shares.”

“Furthermore, the decision of the SC did not only allow the conversion to take place, it also caused companies and the government to effect the conversion. Thus, shielding all public officials from accountability and responsibility. The decision practically committed the act for the national government, and this is a very rare occurrence because they should have acted “after the fact”, he stressed.

The case of the coco levy funds have been pending before the courts for decades now but has made significant strides in so far as establishing that they are prima facie public funds.  In the case of the 27% CIIF-SMC shares, the Sandiganbayan is more forthcoming when it said that the CIIF Block of San Miguel Corporation, the CIIF companies, and the14 Holding companies are “OWNED BY THE GOVERNMENT IN TRUST FOR ALL THE COCONUT FARMERS…” 

 “How then can the PCGG protect the interest of the small coconut farmers within San Miguel Corporation if it has relinquished its voting rights and voluntarily gave control to   Mr. Danding Cojuangco? He who has been benefiting all these years from the coco levy funds while coconut farmers still languish in poverty,” Tanada emphatically said.

“The Supreme Court seemed to have been dazzled by the windfall gains that the supposed conversion can deliver and add on to the government coffers, while relegating to the sidelines the moral issues that have always plagued the coco levy,” he ended.

SSS CONDONATION BILL OF 2009 RATIFIED BY CONGRESS

Office of Rep. Lorenzo R. Tañada III
Chairperson: Committee on Human Rights
Northwing 409, House of Representatives, Quezon City
telefax: 9316478 or 9315001 loc. 7368 email:erin_tanada@yahoo.com
News Release- October 15, 2009 References: Erin Tanada-09193688555 Media officer: Laurice Ramos- 09228433311

SSS CONDONATION BILL OF 2009 RATIFIED BY CONGRESS

The SSS Condonation Bill of 2009 was ratified by the House of Representatives last October 14 following almost two years of hearings and discussion by the Committee on Government Enterprises and Privatization. Rep. Lorenzo “Erin” R. Tañada III (Liberal Party, 4th District, Quezon) hailed the approval of the bill and congratulated his fellow co-authors Reps. Raul Del Mar and Amelita Villarosa for a job well done. “I would also like to thank the good chairman of the committee, Rep. Felix Alfelor for ensuring the passage of this very important piece of legislation especially in the midst of very trying times. This bill will grant the Social Security System a one-time authority to condone 100% of the penalties slapped on unpaid employers’ remittances, while providing installment options for those who would like to settle through staggered payment over a period of 48 months,” said Tañada.
The bill has been called a triple mini-stimulus package which will help not just employers, but also SSS and most importantly workers as it does the following: (1) provide companies which for the most part, have been hard-up, a mechanism to pay their delinquent principal payments minus the staggering penalties slapped on them and which have accumulated through the years, (2) help the SSS immediately collect an estimated more than P50 billion from the P95 billion collectible principal amounts due, instantly putting money into the coffers of the SSS, and (3) ensure that ordinary and privately employed individuals can avail of the full benefits of SSS members in good standing.
“In the light of Ondoy and Pepeng which brought devastation to a lot of areas in the country, it is important that the benefits of SSS members such as calamity, housing and other loan packages, be made available. That can only happen if payments are now considered up–to-date. This bill hopes to do that.The President should sign this into law at the soonest possible time,” he added.
Those who will opt to settle by installment basis will still have to shell out at least 5% of its total contribution delinquency, the balance of which, the employer can pay on installment of up to 48 months bearing a 3% per annum interest. Employers with pending cases because of their delinquency status can avail of the condonation program upon approval and payment in full or in installments of contributions due and payable to SSS, can have these cases withdrawn. However, this is without prejudice to the refilling of the case in the event that the employer fails to remit in full the required delinquent contributions or defaults in the payment of any installment under the approved proposal.

CHR charter amendments passed on second reading

CHR charter amendments passed on second reading

By Lira Dalangin-Fernandez
INQUIRER.net
First Posted 10:59:00 10/09/2009

Filed Under: Human Rights, Legislation

MANILA, Philippines – (UPDATE) The Commission on Human Rights (CHR) will soon have the power to prosecute human rights violators under its amended charter.

Under House Bill 6822 (An Act Strengthening the Commission on Human Rights and for other purposes), passed on second reading in the House of Representatives, the CHR is being given prosecutorial powers in case of inaction by concerned agencies.

“Recent events revealed our country’s worsening human rights situation — from arbitrary and unlawful arrests to enforced disappearances and from torture to extra judicial killings, from harassments of media outfits to outright killing of journalists. All these lead and point to the CHR as one institution that needs to be strengthened,” said Quezon Representative Lorenzo “Erin” Tanada III, chairman of the committee on human rights.

The bill also removes the prescriptive period on the investigation of cases of human rights violations.

It also expands the power of the CHR to investigate, giving them unhampered and unrestricted visitorial rights over all detention facilities of the government including those under the Armed Forces of the Philippines, according to Tanada.

Under the measure, the CHR will be known as the National Human Rights Institution (NHRI).

“This is significant because international bodies, chief of them the United Nations, have given importance to the designation of a National Human Rights Institution in every country,” Tanada added.

The CHR charter now embodies the concepts and guidelines of the “Paris Principles” among which are independence and pluralism, he said.

The “Paris Principles” are the guidelines and recommendations passed by the UN Commission on Human Rights in 1993 for National Human Rights Institutions all over the world.

CHARTER OF COMMISSION ON HUMAN RIGHTS GETS CONGRESS NOD

Office of Rep. Lorenzo R. Tañada III
Chairperson: Committee on Human Rights
Northwing 409, House of Representatives, Quezon City
telefax: 9316478 or 9315001 loc. 7368 email:erin_tanada@yahoo.com
News Release- October 7, 2009 References: Erin Tanada-09193688555 Media officer: Laurice Ramos- 09228433311

CHARTER OF COMMISSION ON HUMAN RIGHTS GETS CONGRESS NOD
Charter change took place yesterday in the House of Representatives. But this time, no protests were made, nor were there fiery speeches and no grandstanding.
On October 7, 2009, the House of Representatives passed the charter of the Commission on Human Rights on second reading, HB 6822 “An Act Strengthening the Commission on Human Rights and for other purposes.”
Rep. Lorenzo ‘Erin’ Tañada III, Chair of the Committee on Human Rights and sponsor of the bill said that “Recent events revealed our country’s worsening human rights situation: from arbitrary and unlawful arrests to enforced disappearances and from torture to extra judicial killings, from harassments of media outfits to outright killing of journalists. All these lead and point to the CHR as one institution that needs to be strengthened.”
He said that the bill will give the CHR additional powers including the power to prosecute human rights violators in case of inaction by appropriate agencies.
The bill also provides that the investigation of human rights violations shall not be subject to any statute of limitations or prescriptive period. It also expands the power of the Commission to investigate, giving them unhampered and unrestricted visitorial rights over all detention facilities of the government including those under the Armed Forces of the Philippines.
According to Tañada, another feature of the bill is its identification of the CHR as the National Human Rights Institution (NHRI) of the country. He said, “this is significant because International bodies, chief of them, the United Nations, have given importance to the designation of a National Human Rights Institution in every country”. The CHR charter now embodies the concepts and guidelines of the “Paris Principles” among which are independence and pluralism.
The “Paris Principles” are the guidelines and recommendations passed by the UN Commission on Human Rights in 1993 for National Human Rights Institutions all over the world.
The independence of the CHR is emphasized in Section 13 of the Bill which provides “The Commission on Human Rights is an independent constitutional office. It shall not be subject to instruction or order from the President, Congress or the Judiciary, except in cases provided in the Constitution.”
Other features of the Charter are the strengthening of the fiscal autonomy of the CHR, a separate witness protection program and the structural redefinition of the CHR’s organization.
Rep. Tañada however emphasized that “the bill does not guarantee that it’s enactment into law will stop human rights violations.”
“But the approval of the bill is a testament of Congress’ efforts and will to promote and protect the rights of the people, and address human rights violations in the country. Let’s hope this will help put a stop to the perceived culture of impunity that has prevailed in our country,” he ended.

TAÑADA ON THE SSS CONDONATION BILL APPPROVED BY BICAM “ IT’S A MINI-STIMULUS PACKAGE”

Office of Rep. Lorenzo R. Tañada III
Chairperson: Committee on Human Rights
Northwing 409, House of Representatives, Quezon City
telefax: 9316478 or 9315001 loc. 7368 email:erin_tanada@yahoo.com
News Release- October 7, 2009 References: Erin Tanada-09193688555 Media officer: Laurice Ramos- 09228433311
TAÑADA ON THE SSS CONDONATION BILL APPPROVED BY BICAM
“ IT’S A MINI-STIMULUS PACKAGE”

Rep. Lorenzo “Erin” R. Tañada III  (Liberal Party, 4th District, Quezon) hailed the approval of the SSS Condonation Bill by the congress and senate bicameral ommittee representatives. The said bill will grant the Social Security System a one-time authority to condone 100% of the penalties slapped on unpaid employers’ remittances, while providing installment options for those who would like to settle through staggered payment in a period of 48 months.  
He called it a triple mini-stimulus package because first, it provides a strong incentive for companies that have been in arrears on their principal payments for their employees’ contributions to immediately settle what is due and overdue, minus the huge burden of dealing with the delinquency penalties that have been slapped on them.  According to Tañada, the 3 percent a month penalty is indeed burdensome and once in arrears and not quickly addressed, it can really pile up.  So this is a stimulus package for these troubled companies, companies that, by and large, do not want to be delinquent in the first place, but because of the series of crises that hit our country, failed to remit what is due as the employers’ share for their employees contributions to SSS.
Second, he said that by providing this breathing space for troubled companies, we are actually helping SSS to immediately collect an estimated more than P50 billion of the P95 billion overdue principal payments which would otherwise be difficult to collect.  A lot of troubled companies choose not to pay what SSS demands of them because the penalties that have accumulated are actually bigger than the principal that they should have been paid. Of the P325.5 billion that is collectible by SSS as of 31 May 2008,  P230.82 billion is accounted for by penalties and only P94.6 billion is accounted for by the principal payments that are due. Past SSS condonation experience shows that on average, 60% of those which have accumulated principal payments chose to settle what is due in outright cash.   Sixty percent of P94.6 billion is P57 billion which could easily beef up SSS’ coffers.  That is the stimulus package for SSS.
Third, Tañada thinks that this is the most important and immediately needed stimulus package directed at ordinary, privately employed individuals.  “With collected and settled principal payments for the SSS members’ contributions, they can now avail of the privileges of a good standing SSS member – claim benefits and get loans – benefits that would otherwise not be available had their principal payments remain unsettled.  That’s the stimulus package for ordinary, privately employed individuals.”
Tañada, who chaired the technical working group of the Committee on Government Enterprises and one of the principal authors of the bill, shared that the bicam members were quite conscious in finding a middle ground so that they are able to help companies which have been unable to settle obligations with the SSS without sacrificing SSS’s financial viability and actuarial life.   
“We were also quite conscious that we do not unduly reward those who have been remiss with their obligations to the disadvantage of companies who have been very diligent in making timely payments to the SSS. The 100% condonation of penalties applies only to cash payments of all delinquent accounts. Those who will opt to pay thru installment basis will still have to pay a 5% downpayment on principal amount amount and a 3% per annum interest through a period of 48 months,” he described.
“ Those which have pending cases against them by the SSS because of their delinquency status would also be allowed to avail of the condonation, while those who will not will still be legally accountable to the SSS.” he ended.

Congress OKs International Humanitarian Law

Congress OKs International Humanitarian Law
By Lira Dalangin-Fernandez
INQUIRER.net First Posted 12:22:00 10/06/2009 Filed Under: Laws, Unrest and Conflicts and War, War, Crime and Law and Justice, Crime

MANILA, Philippines—The country moved closer to passing its version of the International Humanitarian Law (IHL), aimed to minimize the effects of armed conflicts on civilians, including holding liable commanders and other superiors under the principle of command responsibility.

Meeting on Monday, the bicameral conference committee of the Senate and the House of Representatives approved the Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, Organizing Jurisdiction, Designating Special Courts, and for other related purposes.

Quezon province Representative Lorenzo “Erin” Tanada III, chairman of the House committee on human rights, called the approval “another important milestone for the promotion of international humanitarian law in the Philippines.”

He said the measure was needed amid the decades-old armed conflict of the government with the Communist Party of the Philippines and its armed wing the New People’s Army, and the Moro Islamic Liberation Front.

“This law is of particular importance to the country because of the long-existing armed conflict between the government and the CPP/NPA and between the government and the MILF specially now that there is no real progress in the peace negotiations with the armed revolutionary movements,” Tanada said in a statement.

“It is hoped that this bill will help protect civilians and non-combatants especially women and children against violations of human rights whether by the military or private entities,” he added.

Known as the “law of the war or the law of armed conflict,” IHL is a set of rules seeking to limit the effects of armed conflict on civilians. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare.

Salient provisions of the measure include:

* definition and penalty for crimes against IHL, genocide, and crimes against humanity;

* providing for criminal and administrative liability of commanders and other superiors under the principle of command responsibility;

* providing protection to the civilians, non-combatants, and witnesses as well as reparations to the victims;

* providing that crimes defined in the law are not subject to prescription; and

* providing for the universal jurisdiction over persons, whether military or civilian, suspected or accused of the crimes defined and penalized under the bill, and designates the regional trial court as having original and exclusive jurisdiction over the international crimes punishable under the law.

House and Senate Agree on Philippines’ Version of International Humanitarian Law

Today marked another important milestone for the promotion of the International Humanitarian Law in the Philippines. At 9:00 this morning, the Bicameral Conference Committee of the House of Representatives and the Senate met to approve the Philippine’s version of observing International Humanitarian Law.

The House contingent, led by Chair of the Committee on Human Rights, Rep. Lorenzo “Erin” Tañada III met with the Senate Chair on Committee on Justice and Human Rights Senator Francis Escudero and approved the Act Defining and Penalizing Crimes Against International Humanitarian Law, Genocide and Other Crimes Against Humanity, Organizing Jurisdiction, Designating Special Courts and for other related purposes.

In approving the bill, Rep. Tañada said that “ The country is on its way to finally doing our part in observing International Humanitarian Law as defined in existing International conventions such as the Geneva Convention of 1949, and other UN Conventions of which the Philippines is a signatory.”

He also opined that, “This law is of particular importance to the country because of the long existing armed conflict between the government and the CPP/NPA and between the government and the MILF specially now that there is no real progress in the peace negotiations with the armed revolutionary movements. Among others, it is hoped that this bill will help protect civilians and non-combatants especially women and children against violations of human rights whether by the military or private entities.”

The bill’s declaration of principles emphasized the importance of ensuring effective prosecution on all perpetrators of Human rights violations, in order to put an end to the impunity of crimes being committed in the country and contribute to the prevention of such crimes at a national level.

The International Humanitarian Law (IHL) is also known as the law of war or the law of armed conflict. IHL is a set of rules which seek, for humanitarian reasons, to limit the effects of armed conflict. It protects persons who are not or are no longer participating in the hostilities and restricts the means and methods of warfare.

Other important aspects of the bill:
1.Defines and penalizes crimes against International Humanitarian Law, genocide and crimes against humanity. (Sections 4,5 and 6)
2.Provides for criminal and administrative liability of commanders and other superiors under the principle of command responsibility. (Sections 10 and 12)
3.Provides protection to the civilians, non-combatants and witnesses as well as reparations to the victims. (Section 13 and 14)
4.Provides that the crimes defined in the law are not subject to prescription. (Section 11)
5.Provides for the universal jurisdiction over persons, whether military or civilian, suspected or accused of the crimes defined and penalized under bill, and designates the RTC as having original and exclusive jurisdiction over the international crimes punishable under the law. (Section 17).

Salient provisions of the Philippine Act on Crimes Against International Humanitarian Law, Genocide, and other Crimes Against Humanity:

Sections 4,5 and 6. Definition of War Crimes, Genocide and Other Crimes against Humanity.
Section 7. Penalties. Penalty ranges from reclusion temporal in its medium to maximum period and a fine ranging from 100K to 500K. “When justified by the extreme gravity of the crime, especilly where the commission of any of the crimes specified results in death or serious physical injury, or constitutes rapes, and considering the individual circumstances of the accused, the penalty of creclusion perpetua shall be imposed and a fine of 500K to 1M.
“Section 10. Responsibility of Superiors. – In addition to other grounds of criminal responsibility for crimes defined and penalized under this Act, a superior shall be criminally responsible for such crimes committed by subordinates under his/her effective command and control, or effective authority and control as the case may be, as a result of his/her failure to exercise control properly over such subortinates, where:
a) that superior either knew or, owing to the circumstances at the time, should have known that the subordinates were committing or about to commit such crimes;
b) that superior failed to take all necessary and reasonable measures within his/her power to preven or repress their commission or to submit the matter to the competent authorities for investigation and prosecution.”
“Section 11. Non-presciption. The crimes defined and penalized under this Act, their prosecution, and the execution of sentences imposed on their account, shall not be subject to any prescription.”
“Section. 12. Superior Orders. The fact that a crime defined and penalized under this Act has been committed by a person pursuant to an order of a government or a superior, whether military or civilian, shall not relieve that person of criminal responsibility unless all of the following elements concur;
a) The person was under a legal obligation to obey orders of the government or the superior in question;
b) The person did not know that the order was unlawfull”
Section 13. Protection of Victims and Witnesses – In addition to existing provisions, the Courts are mandated to take appropriate measures to protect the witnesses and victims including their privacy. Electronic evidence and other special means may be allowed.
Section 14. Reparations to victims. This provision includes restitution, compensation and rehabilitation.
Section 17. Jurisdiction. The State shall exercise jurisdiction over persons, whether military or civilian, suspected or accused of a crime defined in this Act, regardless of where the crime is committed, provided, any one of the following conditions is met:
a) The accused is a Filipino Citizen
b) The accused, regardless of citizenship or residence, is present in the Philippines; or
c) The accused has committed the said crime against a Filipino citizen.

TAÑADA PUSHES FOR VFA TERMINATION

Office of Rep. Lorenzo R. Tañada III
Chairperson: Committee on Human Rights
Northwing 409, House of Representatives, Quezon City
telefax: 9316478 or 9315001 loc. 7368 email:erin_tanada@yahoo.com
News Release- 24 September 2009 References: Erin Tanada-09193688555 Media officer: Laurice Ramos- 09228433311
TAÑADA PUSHES FOR VFA TERMINATION
Rep. Lorenzo “Erin” R. Tanada III, Chair of the House Committee on Human Rights and Liberal Party spokesperson in Congress, lauded Senator Miriam Defensor-Santiago’s sponsorship yesterday in the Senate plenary after filing Senate Resolution No. 1356, entitled “Resolution expressing the sense of the Senate that the Department of Foreign Affairs should seek to renegotiate the Visiting Forces Agreement with the United States, and in case of denial, should give notice of termination of the VFA.”
“But I would rather that we give notice of termination altogether rather than give the US the option to dilly-dally by saying that we are willing to renegotiate. This will send a stronger message that we have had enough of this downright unconstitutional treaty,” Tañada said.
“The fact that the US does not recognize the VFA as a treaty but as a mere executive agreement is already an affront to our Constitution. The Philippine Constitution requires that foreign military bases, troops, or facilities shall not be allowed in the Philippines, except under a treaty recognized as a treaty by the other contracting State.”
The US Constitution provides that the US President has the power to make treaties, but only “by and with the advice and consent of the Senate, provided two-thirds of the Senators present concur.”
He also added that “The VFA has NOT been concurred in by two-thirds of the US Senate. Likewise, there are provisions of the VFA that should be considered void. For example, the vagueness by which the term “visiting” is defined makes it prone to abuse to the extent that it now becomes a PERMANENT visit.”
“Finally, our experience with Nicole and other victims of US military troops during their so-called visit, point out the lopsidedness of the agreement. That the US is allowed to determine where a convicted US soldier-felon is to be detained for a crime committed within our territory bespeaks of a country direly lacking of the will to exercise its sovereignty.”
Tañada likewise thanked Sen. Defensor-Santiago for her very lucid speech. “Anyone who has heard her would say that termination is the only option for the VFA. I hope the Senate acts accordingly,” he ended. He welcomed the senator’s move, saying that the measure should be approved on third reading without delay. He welcomed the senator’s move, saying that the measure should be approved on third reading without delay.

Honor Lean Alejandro on his 22nd Death Anniversary, Pass HB 2543. – Tañada

Office of Rep. Lorenzo R. Tañada III
Chairperson: Committee on Human Rights
Northwing 409, House of Representatives, Quezon City
telefax: 9316478 or 9315001 loc. 7368 email:erin_tanada@yahoo.com

News Release- September 17, 2009 References: Laurice Ramos- 09228433311

Honor Lean Alejandro on his 22nd Death Anniversary, Pass HB 2543. – Tañada

Honor Lean Alejandro, pass HB 2543 which declares September 19 of every year as a day to remember him. This is the message of Cong. Erin Tañada of the 4th district of Quezon, on the occasion of the 22nd death anniversary of the death of former student leader and activist Leandro Alejandro.

“ The country lost a treasure when unknown assassins killed Lean after the edsa revolution. He was only 27 then and he had his whole life ahead of him. He was a young man who lived his life with a passion and great patriotism. His short life was a testament to his hope and love for the Philippines and its people. The youth of today and even the old, especially those who will be running in 2010, has much to learn from Lean and his life as he worked for and with the people.” Tanada said.

“The issues that Lean fought against still exist. He fought against anti-imperialist issues such as the IMF-WB loan conditions, the commercialization of education, and the martial law dictatorship and he died for his convictions. It is a manifestation of how our government looks at human rights issues that Lean has become just another. His assassination remains unsolved. “

Tanada also lamented that until now, the human rights situation in the Philippines is not that different from the martial law years. Activists such as Jonas Burgos, UP students Sherlyn Cadapan and Karen Empeno have disappeared. Alleged victims of torture Raymond Manalo and Melissa Roxas are still pointing to the military and the state as the suspects in their harrowing ordeals.

“ Those who fought and died for democracy would be saddened by our human rights conditions now. We tout ourselves as a democracy but extra-judicial killings and abductions continue to happen. Worst of all, the victims then and now seek justice which seems to be very elusive.”

“ I am asking our counterpart in the Senate to act on HB 2543 which already hurdled the House of Representatives so that we can honor Lean Alejandro’s sacrifice and other student activists who died and disappeared fighting for a just and democratic society,” he ended.