MARTIAL LAW EXTENSION IN MINDANAO A ROADMAP TO PERDITION OF THE PEOPLES’ DEMOCRATIC RIGHTS AND OF THE COUNTRY - MindanaOne

The MindanaOne Tri-Peoples’ Movement for Peoples’ Democratic Rights (MindanaOne) is saddened and worried, but not surprised, of the extension of the already extended Martial Law in Mindanao. We are saddened because the President and the members of Congress refused to see the long term adverse effects of this declaration to the peoples’ democratic rights, to the struggle for a just and sustainable peace in Mindanao, as well as to the dangerous precedence it will give in the future exercise of this exceptional powers of the President. However, we are not surprised because from the very start, the President is very much inclined to a militaristic approach in dealing with the current problems in Mindanao.

The approval of the majority members of Congress to the request of the Executive for additional one (1) year of Martial Law Extension despite the flimsy and very questionable grounds, attests to the reality that Congress is reduced to a mere stamp-pad of the President. Congress is duty bound by the 1987 Constitution to perform checks and balance functions, especially in cases when the President exercises its awesome powers such as the power to declare Martial Law. Its members are supposed to be the defenders of the Constitution, of the rights of the people enshrined therein, as well as of the welfare of all the Filipinos. Instead majority of them wilfully submitted to the Executive Branch’s whims and caprices. Deliberately, the so-called “people’s representatives” disregarded their very duty, bowed willingly to their patron in Malacanang and consequently distorted the real intention and spirit of the Constitutional provision on the emergency powers of the President. This is however natural for politicians, who belong to the local dynasties, clinging to who is in Malacanang in furtherance of their selfish political ends. For so long now, these people-in-suit in Congress do not represent the voices of the greater number of the peoples of Mindanao.

The 1987 Constitution provides for a strict and high standard that only upon the satisfaction of such, can the power of the President to Declare Martial Law and Suspend the Privilege of the Writ of Habeas Corpus be exercised. Thus, only in cases of actual rebellion and invasion, when the public safety requires, can these powers be exercised by the President, subject to the review powers of the Congress and the Supreme Court. And while the Supreme Court in a divided vote upheld the declaration of Martial Law, such was based when there was still actual armed confrontations between the government and the ISIS-inspired groups in Marawi, where relatively the government was deprived of exercising its functions in certain barangays within Marawi City. However, the president himself already declared the liberation of Marawi and the beginning of the rehabilitation phase. Nowhere in the Constitution, and in the deliberations of the framers of the Constitution, can it be found that rehabilitation, imminent rebellion or the mere existence of rebels and lawless armed elements can be a ground for Martial Law and the Suspension of the Privileged of the Writ of Habeas Corpus.

The inclusion of other armed groups, such as the NPA, to justify the new extension is also questionable, since a few weeks months ago, the Government said that it is already a spent-force. It is noteworthy that the NPA was not among the reasons cited by the President when he originally declared and extended the Martial Law. Logically, it cannot serve as basis for this new extension. If the President has factual bases that the existence of the NPA warrants the declaration of Martial Law and the suspension of the privileged of the Writ, then he must make a new proclamation to such effect and allow the normal and legal process to function so as to scrutinize properly the sufficiency of the factual basis. The allowance of the extension by Congress using new basis different from the original proclamation, in our view, is a blatant circumvention of the legal and political processes set forth by the Constitution.

While it is true that there is rebellion in Mindanao and even across the country, the experiences all over the world and even our own experience tells us that MARTIAL LAW and Militarization have never been effective in resolving rebellion and insurgency. To the contrary, it is even seen that rebellion thrives in militarization. This is because democratic rights of the majority population are often neglected, and trampled upon, in militaristic solutions. And while this is happening, neo-liberal and elitist economic policies continue to bind the majority of the populace to very high social inequality, poverty and abuses, and grappled the Indigenous Peoples and the Bangsamoro with massive aggression in their ancestral lands, there by continuously violating their respective rights to self-determination. This situation is akin to putting gasoline and fire in one room. Presently, rural and Lumad communities in Mindanao have been caught in the armed confrontations of various groups. These communities are harassed, displaced, violated and some of its members get killed.

The moves of the President are somehow reminiscent with that of the late dictator Ferdinand Marcos when he declared Martial Law. Among others, Marcos used the Moro resistance in Mindanao and the mounting people’s protest against his regime as the basis for his declaration. He also demonized and incarcerated the opposition, disrespected and shut-down critical institutions and used militarist response against any sign of dissent and clamour for change. Only a few years later, rebellion ballooned and spread like fire all over the country. From a ragtag band of less than 60 members with around 30 arms when Marcos declared Martial Law, the NPA grew into thousands during the implementation of Martial Law.

In this context, the MindanaOne Tri-Peoples’ Movement for Peoples’ Democratic Rights (MindanaOne) believes that the best way to go forward is pursuing peace based on justice, co-existence, sustainable development in our communities and people-centered governance using peaceful means. Insurgencies are deeply rooted in social, political and economic ills. The effective solution to such is eradicating the root causes of such ills with the free participation of the people themselves – not repression, killings and Martial Law. This can only be done with the free and democratic participation of the peoples themselves in the communities as stakeholders collectively designing and building the communities they aspire for their children. 

The MindanaOne, along with other stakeholders, is against terrorism in all its forms and from all kinds of perpetrators. But, we cannot bargain human rights for all in the guise of fighting terrorism.

We strongly condemn the extension of the extended Martial Law in Mindanao. This is an affront to democracy and to the Constitution. It is an insult to the memory of the brave martyrs who selflessly fought the Marcos dictatorship to restore our basic rights and freedom. This is a major pivot of the regime towards authoritarianism.

We join all social and progressive movements in the struggle for human dignity and against authoritarianism and all forms of abuses of power and authority!

LIFT MARTIAL LAW!

FULFILL ALL HUMAN RIGHTS FOR ALL, ALL THE TIME!

MindanaOne

December 14, 2017

https://mindanaonemovement.blogspot.com 

katipunanmindanao@gmail.com

URGENT ACTION on the Fight of Lakepower Women Workers - MindanaOne

We express our support for the fight of women workers of the electronics company Lakepower Converter Inc. who are facing union busting and discrimination by management. Likewise we voice our condemnation of the violent dispersal by Cavite export zone security personnel of the picketline during the dead of the night and early morning of December 7 to 8.

Security guards contracted by the Philippine Economic Zone Authority (PEZA) led strike breakers at the picketline. Two women workers—Maricar Orque and Magdalena Peña—were hurt in the commotion that followed the forcible dismantling of the picketline.

Company guards, export zone security guards and other men wearing ski masks but clad in PEZA police uniforms repeatedly tore down placards and makeshift tents. The men arrived in motorcycles and bearing side arms.

The strike started on the afternoon of December 7 after mediation meetings collapsed as management refused worker’s demands that the termination and suspension of union officers and members be stopped.

A PEZA firetruck along with security guards went to the picketline area. They also set up barricades at two points leading to the factory and refused entry to workers going to the picketline. All these are violations of the official “Guidelines on the Conduct of Police and Security Personnel During Labor Disputes.”

We hold the PEZA and Atty. Norma Tañag, administrator of the Cavite ecozone, responsible for the violent attacks on the women workers strike. Aside from the direct involvement of PEZA police, firefighters and guards in the harassment and attacks, PEZA has administrative control of the ecozone and is liable for such repeated incidents of violence.

Unrest has festered at Lakepower for the last few months. Among workers grievances is the removal of the door of the women’s restroom so that the company can spy on workers. Almost all of the 200 workers in the factory are women. They are also outraged at the unreasonable limits on the use of the restroom which has led to numerous cases of workers suffering from urinary tract infection. Workers are also complaining of excessive quota and the exclusion of unionists from receiving Christmas packages.

Workers are unionizing in the ecozones to improve their working conditions but are being met by extreme interference from capitalists unwilling to share the fruits of production.

Lakepower is a wholly-owned subsidiary of the Taiwanese company Coil Technology Corp. that manufactures transformers for electronic components.

Stand with the Women Workers and all workers in EPZs! Send this letter to:

Labor Secretary Silvestre H. Bello III

osec@dole.gov.ph, secshb3@dole.gov.ph

Ma. Zenaida Angara-Campita

DOLE Calabarzon Regional Director 

dole4imsd@yahoo.com

BGen Charito B. Plaza

PEZA Director General

odg@peza.gov.ph

Atty. Norma B. Tañag

Administrator, Cavite Economic Zone

cez@peza.gov.ph

Coil Technology Corporation

No.206 Feng-Reng Rd. Feng Shan District, Kaohsiung, Taiwan

sales@ctc-dc-dc.com

Lakepower Converter Inc.

Cheng Jen Chao

Vice General Manager

power_lci@yahoo.com

Himagsikang Katipunan Ituloy! Harangin ang Pekeng RebGob! - MindanaOne

Ginugunita sa araw na ito ang ika-154 na kaarawan ng Supremo Andres Bonifacio.

Ano ang kahalagahan ng ala-ala at pakikibaka ni Andres Bonifacio sa sambayanang Pilipino?

Unang-una, bilang karaniwang manggagawa ay itinaguyod nya ang kanyang mga kapatid. Ito ay ang katangian na dapat magkaroon ang mga mamamayan. Itaguyod natin ang ating mga adhikain na walang pagtitimpi sa ikabubuti ng lahat.

Pangalawa, isinulong nito ang reporma ng kalakaran at kahit pa ang pagkakapantay-pantay sa karapatan ng mga Pilipino at dayuhang mamamayan bilang mga tao. Bago pa man isinulong ang radikal na pakikibakang kalayaan ay naging taga-suporta ni Jose Rizal at iba pang mga kabataan sa pagsusulong ng patas na pagkilala sa mga karapatan sa ilalim ng koronang Espanyol. Hindi nito sinalungat ang pakikibakang ito bagkos ay kabahagi para sa mas mataas na porma sa pagsusulong ng himagsikan.

Pangatlo, pinangunahan na nito ang radikal na pakikibakang kalayaan at pagsasaayos sa lipunang Pilipino. Ito ang himagsikang Katipunan.

Sa larangan ng reporma at rebolusyon isinulong ni Andres Bonifacio ang pagbabago. Rebolusyong naisakripisyo ang kanyang personal na kaligayahan ngunit mas naging lubos na kaligayahan pa ang pag-alayan ang kanyang mga kapwa mamamayan.

Sa kasalukuyan ay nahaharap tayo sa mga hamon na pwedeng paghahati hatiin at pag-aaway-awayin ang mga mamamayan. Ang pagsusulong ng rebolusyonaryong goberno umano ng mga taga-suporta ng pamahalaang Duterte o maging mismo ng Pangulo Duterte ay pagbabalat-anyo. Nagtatago ito sa pagsusulong ng Pederalismo, kapayapaan sa Mindanao, kontra-terorismo at droga at panukalang pagbabago sa saligang batas. Maliwanag sa mga pangyayari ngayon na ang rebgob na kagustuhang isinusulong ay palamuti lamang sa hangaring panghawakan ng iisang tao o grupo ang kapangyarihan na patakbuhin ang buong bansa. Ang mga hindi aayon at bumabalikwas sa kagustuhang ito ay kikilalaning traydor sa bayan. Gagamiting instrumento ang pederalismo at charter change upang ganap na tanggalin ang mga probisyong pumuprotekta sa interes ng bansa. Bubuksang ganap sa mga kapitalistang (dayuhan at lokal) interes ang soberenya ng bansa. Ang hindi hayagang pagbigkas na tatanggalin ang paghaharing dinastiya ng mga tagasulong ng pederalismo ay pagpapatunay na mas maging makapangyarihan ang mga tradisyonal na politikong angkan sa mga estadong itatayo. Mas maisasantabi ang interes ng mga pamayanan.

Si Andres Bonifacio dahil sa tinuligsa nito ang patraydor at pangmamaliit na halalan sa Tejeros ay pinaratangang traydor sa bayan ng naupong Emilio Aguinaldo at pinatay. Sa pagnanais ni Bonifacio na isulong ang kapakanan at boses ng mga maliliit at karaniwang mamamayan nagbunga ito ng kanyang kamatayan hindi na sa kamay ng dayuhang kaaway kundi sa mga nagpapanggap na ka-uri at kahanay.

Ang hindi pagkilala sa tunay na diwa ng demokrasya at karapatang pantao ay nilabanan na nila Andres Bonifacio noon sa mapayapa at madugong paraan ngunit ninakaw ito ng maka-iilang interes maging hanggang ngayon. Matapos mapatalsik ang diktaduryang Marcos ay inagaw ang pakikibakang bayan ng elitistang paghahari sa pangalan uli ng demokrasya. At ang pagkamuhi ng mga mamamayan sa liberal na demokrasyang maka-kapitalista ay sinunggaban na naman ng interes ng mga kapitalista at tagasulong ng awtoritaryanismo.

Noon at hanggang ngayon ay pagsantabi sa karaingan at interes ng mga manggagawa, magsasaka, katutubo, Moro, kalikasan at mga komunidad ay hayagan at ang mas kalabisan pa ay ang pagsawalang respeto at pagkilala sa diwa at esensya ng karapatang pantao.

Hindi pa lubos na natapos ang laban ni Andres Bonifacio at patuloy pa ang paghahari ng maka-iilang interes. Mapanlinlang ang liberal na demokrasya ngayon tulad ng kina Aguinaldo noon.

Ang rebolusyong hindi nagmula sa mamamayan ay taliwas sa rebolusyong inilunsad nila Andres Bonifacio at Katipunan. Ito ay pagkukubli at panlilinlang tulad ng kina Aguinaldo.

Ang mga masang mamamayan at pamayanan ang marapat na may malaking bahagi sa pag-ukit at paghubog ng mga pagbabago sa lipunan ngayon at bukas.

Depektibo at sakitin ang kasalukuyang liberal na demokrasya, kaya dapat lamang na gamutin ng buong sambayanan at hindi sa diktaduryang paraan.

Itatag ang Pamahalaang Tunay na pagmamay-ari ng mga Mamamayan!

Wakasan ang demokrasyang maka-iilan!

Isulong mga demokratikong karapatan ng Lumad, Moro at Migranteng Pilipino sa Mindanao at Pilipinas!

Huwag magpalinlang! 

Labanan ang Pekeng RebGob!

Ituloy ang Himagsikan!

MindanaOne

30 Nobyembre 2017

Photo source: https://www.google.com.ph/search?q=andres+bonifacio&rlz=1C1CHBF_enPH761PH761&source=lnms&tbm=isch&sa=X&ved=0ahUKEwi59Oi1kvjXAhWHjZQKHQ_BAS8Q_AUICigB#imgrc=z99BEKwAxlblmM:

RECLAIM, DEFEND and PROMOTE HUMAN RIGHTS FOR ALL AT ALL TIMES! - Movements

A Declaration of the Mindanao-wide Conference against Martial Law

We, the 103 Bangsamoro, Mindanao Migrants and Indigenous People delegates of the Mindanao Conference Against Martial Law representing 44 organizations coming from different provinces of Mindanao, have gathered together to discuss our situation and come-up with collective actions to address the challenges that we and our communities are currently facing. We are farmers, fisherfolks, urban poor, workers, youth, women, OFW, LGBT, PWD, church, religious and spiritual leaders, elderly, who are human rights defenders, peace builders and humanitarian workers working to contribute in building an inclusive, just and dignified society.

President Rodrigo Duterte's one and a half years in office is characterized with impunity borne out of his "war on illegal drugs and anti-terrorism policy". In fact, such state policy on illegal drugs has left more than 13,000 people dead, including significant number of youth and children, most of whom were coming from the poor and unemployed sectors of the society leaving behind thousands of widows and orphans. This administration has remained consistent in instilling fear, culture of silence and passivity. Human rights defenders are threatened and persecuted - a step paving towards the establishment of an authoritarian regime.

Further, his administration has distorted the very essence and concept of human rights which led to the confusion, division and further exposure of the people to more vulnerabilities and insecurities. This disregard to human rights can be seen in his proposals to lower the maximum age of criminal responsibility from fifteen (15) to nine (9) years old and the re-imposition of death penalty. This is compounded with his sexist and derogatory remarks towards women.

In Mindanao, the failed arrest operation of the leader of Abu Sayyaf and ISIS-inspired Maute group has led to a 5-month war between extremists and the government security sector in Marawi City. This has emanated from the total failure of the military intelligence which paved the way to the declaration of Martial Law in the whole islands of Mindanao.

This encounter displaced more than 500,000 individuals from Marawi City and the neighboring towns, practically turning the Islamic City into a battlefield resulting to the deaths of civilians and fighting parties and destruction of properties. The fighting in Maranao land is an attack to the very core of the Maranao people as they were forcibly uprooted from their homes; their cultural heritage destroyed leaving them not only physically and economically displaced but also emotionally, psychologically, and socio-culturally in deep pain.

The Martial law declaration resulted to incidences of warrantless arrests, torture, illegal searches of the houses of internally displaced persons, and disappearances. Aside from inadequate response of the government to the needs of the IDPs, the depressing situation of the displaced persons in the evacuation centers and host communities have exposed the women and children to higher risk of gender-based violence such as sexual abuse compounding their multiple burden in addition to their domestic responsibilities.

In other areas in Mindanao, warrantless searches and arrests, planting of evidence, militarization and crackdown on suspected members of the communist rebels in Indigenous Peoples’ communities are also taking place aside from singling out of Moros at checkpoints.

His one-sided and oftentimes confusing position on the peace processes has put uncertainty on the hopes and aspirations for peace of the people of Mindanao and the whole country, in general. This uncertainty has fueled more frustrations and desperation from the peace-loving peoples of Mindanao especially that many pinned their hopes on him, being the first Mindanaon president. His militarist approach in solving the problem in Marawi and other places in Mindanao can surely encourage the rise of new groups with more extreme and fundamentalist tendencies that usually recruit child soldiers. This militarist approach extends even on the way he plans and executes the rebuilding and rehabilitation of Marawi. Unless there is genuine and active participation of the peoples especially the affected population in addressing the problems, these problems cannot be meaningfully and sustainably be resolved.

Above all, President Duterte has fallen short to substantially institute reforms that would effectively address poverty and marginalization- situations that beset many parts of the country for decades providing fertile ground for illegal drugs and terrorism to flourish especially in Mindanao. He, instead, sided with the ruling class and oligarchs abandoning his promises to end contractualization, providing free tuition fees, end to extractive and exploitative industries, distributing land to farmers, and returning coco levy funds to the coconut farmers for the development of coconut industry. All these proved his allegiance to neo-liberal economy- a clear betrayal of the peoples who trusted him.

As part of the social movements, we believe that development can be realized without jeopardizing the right of peoples and individuals. Rather, we believe that development must lead to the fulfillment of human rights and realization of the full human potential which is a state obligation.

Given all these issues and challenges, we, human rights defenders, peace builders and humanitarian workers call for:

- Respect and uphold Human Rights at all times;

- Resist and oppose all threats to human rights by strongly and collectively calling for an end to Martial Law and threat of Authoritarianism;

- Justice to the victims of all extra judicial killings, whether in the war against illegal drugs and/or political killings: 

- For government to shift from its policy of killing drug addicts, instead, address the root cause of the problem in a more comprehensive approach by looking at the drug trading business, economic deprivation and public health issues among the poor, security of everyone; and safeguard the future of the young generation both addicts and non-addicts by eliminating drug addiction.

We reiterate our call for a peaceful resolution to conflicts. Thus, we add our voice to the support of all peace processes. In all these processes, we demand for the genuine participation of communities and peoples

We express our solidarity with the Maranaw people as they rebuild their lives with dignity. genuine democratic participation of the Maranaws in the process of rebuilding their torn physical, social, cultural and psychological well being;

As we envision a society that is human rights-centered, democratic, gender sensitive and responsive, sustainable, inclusive and just, empowered & resilient and sustainable communities, and life with dignity, we resolutely commit to reclaim, defend and promote human rights for all at all times. Linked to this is our commitment to defend the environment and all resources vital to the survival and sustenance of human life and of the right to healthy, safe and sustainable ecology. To this end, we strongly encourage and support to strengthen people's-led and centered initiatives as our alternatives to the prevailing dominant neoliberal economic development paradigm.

Signed this 11th day of November 2017 in Cotabato City.

Signatories:

- Alliance of the Tri-People for the Advancement of Human Rights (ALTAHR)
- Alyansa ng Kabataang Mindanao para sa Kapayapaan (AKMK)
- Alyansa nga mga Mamamayan para sa Karapatang Pantao (AMKP)
- ALAMADA OFW Association
- Bukidnon Organic Farmers Association (BOFA)
- Coalition of Lanao Utility Transport for Change (CLUTCH)
- Convergence of NGOs and POs in Zamboanga del Sur for Agrarian Reform and Rural Development (CONZARRD)
- Demokratikong Magbubukid ng Pilipinas - Lanao (DKMP - Lanao)
- Electoral Reforms and Development Assistance Center, Inc. (ERDAC)
- Gempa Te Kelindaan Ne Kamal
- Inged Fintailan
- Initiatives and Movement for Gender Liberation Against Discrimination (IMGLAD)
- Kaagapay OFW Resource and Service Center, Inc. (Kaagapay OFW Center)
- Kagkalimwa OFW Federation
- Kahugpungan sa mga Mag-uuma ug Mamumuong Kababayenhan sa Kabanikanhan (KASAMAKA)
- Kahugpungan sa mga Mangingisda sa Kolambugan (KASAMAKO)
- Kahugpungan sa mga Mag-uuma ug Mangingisda sa Zamboanga del Sur (KAMAGMASUR)
- Kilusang Maralita sa Kanayunan (KILOS KA)
- Lambangian People’s Organization (LPO)
- Lanao Alliance of Human Rights Advocates, Inc. (LAHRA)
- Lanao Aquatic and Marine Fisheries Center for Community Development, Inc. (LAFCCOD)
- Liga ng Makabagong Kabataan (LMK)
- Lig-ong Hiniusang Kusog sa Kabus (LIHUK)
- Mindanao Peoples’ Peace Movement (MPPM)
- Mindanao Tri-People Women Resource Center, Inc. (MTWRC)
- Mindanao Tri-People Youth Center, Inc. (MTPYC)
- Multi-stakeholder’s Initiatives for Humanitarian Action against Disasters (MIHANDS)
- Mindanao Indigenous People Initiative for Research and Assistance Center (MIPIRAC)
- Nagkahiusang Mangingisda Alang sa Kalambuan sa Sultan Naga Dimaporo (NAMANGKA)
- Nagkahiusang Mangingisda sa Illana Bay (NAMAIBAY)
- Nagkahiusang Mag-uumang Organiko (NAMAO)
- Nagkahiusang Organisasyong sa mga Mangingisda sa Tubod ug Baroy (NOMATUB)
- Pagilidan Farmers and Fisherfolks Organizations for Unity and Development (PFOUD)
- Poloy-poloy Farmers Association (POFA)
- Ranaw Disaster Response and Rehabilitation Assistance Center, Inc. (RDRRAC)
- Ranao Women and Children Resource Center, Inc. (RWCRC)
- Sumpay Mindanao, Inc. (SMI)
- Teduray and Lambangian Youth and Students Association (TLYSA)
- Tri-People Organization Against Disasters Foundation, Inc. (TRIPOD)
- Tri-people Youth for Change (TRYChange)
- Timuay Justice and Governance (TJG)
- Task Force Tigil Mina (TFTM)
- Umpungan nu mga Babay sa Bagua 2 (UBB2)
- Ummah Development Foundation, Inc. (UDFI)

Lift Martial Law! Uphold Human Rights and Dignity! Strengthen Peoples’ Solidarity! - MPPM

The botched arrest of Abu Sayyaf leader Isnilon Hapilon on May 23, 2017 afternoon has led to almost two months confrontation between the AFP and Maute Group that ruined Marawi City and displaced almost 400,000 population of the City including those in the nearby municipalities. Maute and Abu Sayyaf groups launched their attack to all considered to be non-believers of their interpretation of Islam. While in Moscow, Russia for an official visit with his cabinet officials, President Duterte declared Martial Law all over Mindanao. According to him, the declaration was made to prevent possible spill-over of the conflict and to combat terrorism.

The dark specter of Martial Law is again upon us. Yet sadly, in this historical moment, we are deeply polarized. People not from Mindanao are refrained from voicing out their opinions against Martial Law. We, from the grassroots communities in Mindanao believed otherwise. Martial Law is a national concern especially that it threatens the democratic rights that many of us and our predecessors have fought so hard to achieve during the Marcos’ years.

Our country is divided in our opposition to the Martial law Declaration. One thing that unifies us is the stand to fight against terrorism.

Admittedly, the peoples of Mindanao in different areas have varied experiences of the effects of Martial Law on their daily lives. In some areas in Mindanao, it is noticeable that peoples and communities are afraid borne from the bitter lessons of the Marcosian Martial Law. Curfew hours were followed and even the tight security checks in many check points were adhered to without complaints. A sense of submission to the authorities is palpable as many people believe that as security officers they knew what is best for the people. In these areas, the people felt that the declaration brought order and discipline to their communities.

Unfortunately, this is not true to all the cities, provinces and municipalities near and prone to armed conflicts related to the Bangsamoro struggles. A huge majority of the Bangsamoro members have experienced and noticed that the Martial Law is used to systematically attack them as a people . There were documented cases of : Torture of Marawi crisis survivors being suspected as members of the local terrorist groups; public humiliation of Moro civilians who were made to stand beside the posters and photos of the members of Maute group in checkpoints; Martial Law caused immobility among IDPs after losing their identification cards while on the rush to safety ; a growing division among local populations due to the experienced high discrimination against the Moro population. In Iligan City, Cagayan de Oro, Davao and Davao Oriental there were already harassment of Moro communities and to those fleeing Marawi residents who sought safety in their relatives; movements of the IDPs were being monitored and houses were searched for the same reasons – they are from Marawi City and belongs to Moro population; Martial Law declaration have not contained terrorism, instead it terrorized the civilian populations and communities.

These are not only prevalent among Moro civilians and communities. The declaration also made the lives of the Indigenous Peoples difficult with their mobility limited. They experience difficulties tending towards their farms or organizing farm labors to work on their farms as coming together in groups are regulated. They are afraid of being tagged as members of terrorist groups when they cannot produce identification cards. For many of them, identification cards are unknown to their culture. Armed men roaming around their communities made them vulnerable to be caught in the possible armed encounters between and among warring groups.

The Mindanao Peoples’ Peace Movement is a network of grassroots tri-peoples coming from the different communities of Mindanao. It is very much aware of the diversity and dynamism of its constituents s a microcosm of the Mindanao society. Despite its diversity it is united under the principles of human rights, peace, justice and solidarity. It is with these guiding principles buttressed by the experiences of our Bangsamoro and Lumad peers and constituents that made us firm in our conviction to Condemn and Oppose the declaration of Martial Law in Mindanao. We are deeply concern that Martial Law, like the Martial Law of the former President Marcos that was and now is declared to supposedly contain terrorism and protect the civilian populace but with the ongoing armed conflict and airstrikes in Marawi, will again be used as a justification to further the declaration.

We reiterate that putting the country under Martial Law does not contain the rise of violent extremism and insurgency rather it become fodder for human insecurity and breeds more discontents. Thus, we demand for the lifting of the declaration of Martial law and oppose any plans of its extension while support the fight against terrorism. However, in the pursuit of terrorists, we call upon the Duterte government to not jeopardize the safety and welfare of the people, respect and uphold human rights and dignity at all times.

We demand investigations of local government officials for not responding to the information reported by the local population months and weeks before the tragic incident. We demand the same accountability from the security sector for the lack and poor intelligence work despite the threats and reports from the communities before the Marawi siege;

We call on peoples and communities to stand firm and hold on to our conviction for justpeace among us as we pursue the realization of each peoples’ right to self-determination;

The current crisis is bound to happen again and again unless and until the present government will genuinely address the historical injustices committed against the Bangsamoro and the Lumad peoples. Genuine peace processes should be pursued and must ensure the participation of the communities;

We are reminding all men and women in uniform to perform according to their oath – to respect human rights above all in service and protection of the civilian populations even in their fight against terrorism.

Lift Martial Law! 

Uphold Human Rights and Dignity! 

Strengthen Peoples’ Solidarity!

Council of Peoples’ Representatives
Mindanao Peoples’ Peace Movement (MPPM)
June 30, 2017
Davao City

CSOs: Condemn Violence! Protect Civilians! Uphold Human Rights at all times!

Our call on the Emergency Crisis in Marawi City

May 24, 2017

Around 2 o’clock in the afternoon of 23 May 2017, gunfight between armed men (suspected Maute Group allegedly ISIS sympathizer) and the elements of the Armed Forces of the Philippines (AFP) erupted in public places in Marawi City putting civilian population hostage in the situation. As the violence intensifies, civilian population are exposed to higher risk of being killed or injured.  In fact, reports have noted that the gunfight has already claimed 3 lives, wounded 12 other individuals, abducted church leaders, held civilians hostage, occupied hospital and burned and destroyed properties as of midnight of May 23.

We, in the tri-people peace and human rights movements express our strong condemnation of this violence. We are deeply saddened that this atrocity has happened especially in times like this when our Muslim brothers and sisters are about to observe in three (3) days’ time the Holy Month of Ramadhan.

In this regard,

We call on all parties involved to stop the hostilities and atrocities in Marawi City;

We call on the warring groups not to use civilians as shields and free all public places from hostile actions and armed confrontations; avoid indiscriminate firing, bombing and shelling; observe compliance to the international humanitarian law and the rules of engagement in the conduct of the operations;

We call for the government to exert all efforts to ensure the safety and protection of the civilians now trapped in the midst of the current emergency crisis; involve and make civilian communities, not just mere passive recipients, but, as part and integral in coming up solution to end this crisis;

Particularly, we ask the Moro National Liberation Front and the Moro Islamic Liberation Front to maximize the existing peace processes and mechanisms to help arrest the emergency situation;

We call on the religious leaders, council of elders, community leaders and all state and non-state peace actors to intervene and demand for the protection of lives, properties and communities; to lead in maintaining sobriety, critical mind, and prevent inciting religious and cultural biases out of this situation;

We call on humanitarian organizations and agencies to immediately respond to the needs of affected populations;

The current government’s response in Placing Mindanao under Martial law will not solve the current situation instead it will only further the violence and curtailment of civilian and community rights to peace and life. Suspension of the legal remedies specifically the Writ of Habeas Corpus would further put the communities and civil societies in a vulnerable situation- a lesson we have learned from the terror of Marcos era. Thus, we demand to the Philippine Congress not to support the declaration of Martial Law and must uphold the supremacy of civilian and the Philippine constitution instead;

As peacebuilders and human rights defenders, we viewed this direct violence as result of governments’ neglect in fulfilling the rights and entitlements of its peoples which can be responded to without using arms and violence. 

Despite this situation, we appeal to the general public to continue building the infrastructure of peace by strengthening solidarity towards each other, intensify our efforts to build harmonious relationship between and among peoples, strengthen our convictions to build communities of justpeace where respect, social justice and co-existence inspire us all. Let us continue propagating the seeds of understanding and mutual respect we have nurtured for quite some time already.

Signed by:

Alliance of the Tri-People for the Advancement of Human Rights (ALTAHR)

Alyansa ng Kabataang Mindanao para sa Kapayapaan (AKMK)

AKMK Young Women

Alyansa ng mga Mamamayan para sa Karapatang Pantao (AMKP)

Association of OFW Children-Maguindanao-Cotabato

Coalition of Lanao Utility Transport for Change (CLUTCH)

Convergence of NGOs and POs in Zamboanga del Sur for Rural Development, Inc (CONZARRD)

Demokratikong Kilusang Magbubukid ng Pilipinas (DKMP) – Lanao

Electoral Reforms and Development Assistance Center, Inc (ERDAC)

Erumanen Ne Menuvu Kamal

Federation of Democratic Labor Organizations (FDLO)

Inged Fintailan

Interfaith Movement for Clean and Peaceful Election (IM4PeaCe)

International Institute for Research and Education

Kaagapay OFW Resource and Service Center, Inc (Kaagapay OFW)

Kahugpungan sa mga Mag-uuma ug Mamumuong Kababayen-an alang sa Kalambuan (KASAMMA KA)

Kagkalimwa OFW Federation

Kahugpungan sa mga Mangingisda sa Kolambugan (KASAMA KO)

Kilusang Maralita sa Kanayunan (KILOS KA)

Kilusan ng mga Mamamayan para sa Pagbabago ng Bayan (Kilos Bayan)

Lanao Alliance of Human Rights Advocates (LAHRA)

Lanao Aquatic and Marine Fisheries Center for Community Development, Inc (LAFCCOD)

Lanao Fisheries Advocacy Network (LFAN)

Liga ng Makabagong Kabataan (LMK)

Lig-ong Hinisuang Kusog sa Kabus sa Dakbayan (LIHUK)

Mindanao Peoples’ Peace Movement (MPPM)

Mindanao Tri-People Women Resource Center, Inc (MTWRC)

Mindanao Tri-people Women Forum (MTWF)

Mindanao Tri-People Youth Center, Inc (MTPYC)

MindanaOne Tri-peoples Movement for the Advancement of Democratic Rights (MindanaOne)

Multi-Stakeholders Initiative for Humanitarian Action Network against Disasters (MiHANDs)

Nagkahiusang Mangingisda alang sa Kalambuan (NAMANGKA SND)
Nagkahiusang Mag-uumang Organiko (NAMAO)

Nangkahiusang Organisasyong Mangingisda sa Tubod ug  Baroy (NOMaTuB)
Partido Manggagawa (PM)

Ranao Disaster Response and Rehabilitation Assistance Center, Inc (RDRRAC)

Ranao Women and Children Resource Center, Inc (RWCRC)

Sumpay Mindanao, Inc.

Sustainable Alternatives for the Advancement of Mindanao (SALAM)

Timuay Justice and Governance (TJG) of Teduray and Lambangian tribes

Tri-Peoples’ Organization against Disasters Foundation (TRIPOD)

Tri-People Youth for Change (TryChange)

Teduray-Lambangian Youth and Student Association (TLYSA)

Umpungan Nu mga Babai sa Bagua 2 (UBB2)

#StandWithMarawi #DuyogMarawi #ProtectCivilians

MENSAHENG PAKIKIISA NG MINDANAONE SA IKA-3 TIMFADA LIMUD NG TIMUAY JUSTICE AND GOVERNANCE

 April 18, 2017 

Ipinapaabot ng MindanaOne TriPeoples' Movement for the Advancement of Peoples' Democratic Rights o MindanaOne ang mainit na pagbati sa buong Timuay Justice and Governance sa pagdaos ng ika-tatlong Pangkalahatang Asembliya nito mula Abril 16-19, 2017 sa Nuro, Upi, Maguindanao. 

Ang pagtitipong ito ay napapanahon sa kasalukuyang konteksto upang mas kolektibong igiit ng tribong Teduray at Lambangian ang mga karapatan nito sa usaping lupaing ninuno, kalikasan, kapayapaan, pang-ekonomiya, kultural at bilang mamamayan sa bagong administrasyong Duterte. 

Napapanahon ito dahil kasisimula pa lang ng Bangsamoro Transition Commission ng GPH at MILF na negosasyong mag-latag ng mekanismo ng pag-usad sa pagtalakay ng panibagong panukala para sa pagtatatag ng bagong Bangsamoro political entity na kung saan ang pagkakilanlan, teritoryo at sistema ng pamamahala ay may napapaloob. 

Makahulugan ang pagtitipong ito bilang pagbubuklod ng buong tribu sa patuloy na pagsusulong ng Amcestral Domain Claim at iba pang mga demokratikong karapatan. Ang ilang mga People's Organization ng mga tribong Teduray at Lambangian ay naging kasama po ng MindanaOne sa panimulang pagkatatag nito. 

Naging mahalagang ambag ng mga tribo ang sistemang kolektibong pamumuno at kolektibong demokrasya sa loob ng MindanaOne. Inspirasyon para sa buong kasapian ng MindanaOne ang determinasyon at sigasig ng mga Lumad sa pagsusulong ng kanilang mga karapatan at pagtatanggol sa kalikasan. 

Sa kampanyang "Full Inclusion of the IP Rights in the Bangsamoro Basic Law" at maging sa kampanya laban sa mapangwasak sa kalikasan sa loob ng teritoryo ay mas nakilala ng MindanaOne ang determinasyong ito. 

Nakasama din ng MindanaOne ang mga Lumad o Katutubong Teduray, Lambangian at iba pang tribu sa buong Mindanao sa pangangampanya para sa mga Karapatan sa Sariling Pagpapasya, mga demokratikong karapatan at kapakanan ng mga mamamayan sa Mindanao. 

Ang Timfada Limud ay isang makahulugan at makabuluhang ispasyo na kung saan kolektibong natatalakay at nadedesisyonan ang mga mahalagang usapin ng tribu na bukas at kalahok ang lahat. Ito ay mahalagang salik ng demokratikong pamamahala at pamumuno na dapat magkaroon ang mga antas ng pamahalaang Pilipinas. 

Sa bagong pamunuan ng TJG sa pamumuno ni Timuay Labi Sannie S. Bello na itinalaga ng 3rd Timfada Limud na ito, ipinapaabot namin ang aming Pagbati at patuloy na pakikiisa sa anumang kaparaanan. 

Sa buong Timuay Justice and Governance, aming mainit na pagsaludo at pagkilala sa inyong mahalagang kontribusyon para sa pagkamit ng makatarungan at mapayapang lipunan. 

Makakaasa ang TJG at mga mamamayang Lumad na sa loob ng MindanaOne ay kaisa natin ang Bangsamoro at Mamamayang Migrante sa pagsusulong para sa pangakalahatang kapakanan at karapatan. 

Meuyag! 

ABULCAIR BALINDONG 

National Chairperson 

MindanaOne

REPOST: Keeping 'endo' alive: DOLE’s Department Order No. 174

The labor department's dilly-dallying is in stark contrast to the President’s consistent and unequivocal stand against contractualization

SENTRO

Published 6:49 PM, March 22, 2017

Updated 6:49 PM, March 22, 2017

From the time President Duterte won the 2016 elections, workers throughout the country waited for the fulfillment of his campaign promise to end "endo".

The main agency in charge of this, the Department of Labor and Employment (DOLE) headed by Secretary Silvestre Bello III, spent several months vacillating on the issue on the pretense of implementing a triple-pronged approach at addressing the evils of contractual employment (usually referred to its Filipino slang, "endo" or end-of-contract).

DOLE’s dilly-dallying is in stark contrast to the President’s consistent and unequivocal stand against contractualization.

In the end, DOLE chose to break the President’s promise and keep "endo" alive. (READ: 'Legal' contractualization still allowed in new DOLE order)

When Secretary Bello finally signed Department Order (DO) No. 174 (2017), he did not end "endo." On the contrary, he ensured its continued practice and prevalence. Workers now are worse off than ever before because DO 174 merely continues DOLE’s failed policies to regulate contracting out of labor.

To see this fully, one properly begins with an overview of the law on contracting and the policies which the DOLE has toyed with through the years.

What the law says

Articles 106 to 109 of the Labor Code remain to be the main law on employment relationships which involve 3 parties, namely, a Principal which farms out work, a Contractor or Subcontractor which accepts the responsibility to do the work and the Worker(s) who actually do the work.

Recognizing that this so–called trilateral arrangement leaves workers vulnerable to abuse, the law explicitly prohibits what it labels as “labor only” contracting.

This exists when “the person supplying workers to an employer does not have substantial capital or investment in the form of tools, equipment, machineries, work premises, among others, and the workers recruited and placed by such person are performing activities which are directly related to the principal business of such employer.”

To ensure that the workers know who their true employer is, the law says that under prohibited labor-only schemes, the principal shall be responsible to the workers as if they were directly employed by him/her/it. The contractor or subcontractor is treated merely as an agent or no different from the Principal. (READ: No 'endo' in 2017? Challenge of ending labor contractualization)

Fake news: DOLE cannot prohibit contracting

It is very important to know that the Labor Code gave more than sufficient authority to the Secretary of Labor and Employment to address whatever abuse workers face under contracting arrangements.

In very clear terms, Article 106 of the Labor Code says: “The Secretary of Labor and Employment may, by appropriate regulations, restrict or prohibit the contracting-out of labor to protect the rights of workers established under this Code.”

Therefore, the repeated assertion by DOLE officials that they cannot prohibit contracting out of labor is simply not true.

Indeed, for more than 20 years, the DOLE has adopted the weak approach and has chosen to restrict contracting arrangements instead of prohibiting it. In those many years, DOLE’s approach has been demonstrated to be a complete failure.

D.O. 10 (1997)

In May 1997, then Secretary Leonardo Quisumbing issued Department Order No. 10 (D.O. 10). It was the expressed aim of DOLE to give employers the “flexibility” they wanted while guarding workers’ rights. Significantly, D.O. 10 included a provision which introduced the concept of “permissible contracting or subcontracting.”

This lax approach under D.O. 10 led to an upsurge of employment through agencies. It also led to a proliferation of short-term and precarious employment arrangements. As a result, countless positions which had previously been occupied by directly-hired regular employees were given to workers hired by agencies. (Insert Figure 2)

In time, society naturally developed colloquial names for its workers’ common experience of insecurity in employment. “End of contract” is “endo,” indirect employees introduced themselves as “agency po ako,” and repeated employment lasting five months is “5-5-5”.

Through time, agency-hired and "endo" workers internalized the practice that they were worth and treated less than regular workers.

They accepted its impact on their pay, the unavailability of overtime and holiday pay, rest day premium, leaves, and many other basic conditions of work. Their ID’s and uniforms are constant reminders of their lesser status. And of course, forming or joining a union means losing one’s job.

The evil in trilateral arrangements

The main evil in the agency arrangement lies in the Principal’s inherent ability to end its contract with the Contractor/Subcontractor and in the ease by which the contractor can pull out the worker from work and place her/her in a “floating” status.

When this happens – as it does for a wide range of reasons – the employee loses the source of her/his livelihood. The evil is so pernicious that the threat alone of losing one’s job is enough to render contracted workers impotent against abuse.

Thus, where agency-hired workers wish to enhance the terms and conditions of their employment, they can act only at the cost of their very livelihood. For agency-hired workers, keeping the job – despite poor employment conditions – is still better than losing it altogether.

In this way, the threat of losing one’s job naturally leads to a workers’ inability to enforce their rights.

While the best way for workers to fight for their rights is to form or join unions, this too becomes impossible for them. Just a rumor that workers are engaged in union activities is sufficient to cost them their jobs.

Ask yourself: have you seen any service contractor or agency which is unionized? This is the way by which a cycle is formed which keeps workers trapped in short-term, abusive employment relationships.

DOLE insists on failed policy

The proliferation of worker abuse under DO 10 (1997) was the principal reason why workers demanded its repeal right after President Gloria Macapagal-Arroyo assumed the presidency in 2001. Thus, in May 2001, then Labor Secretary Patricia Sto. Tomas issued DO 3 (2001), which revoked DO 10.

Designed as a temporary measure, DO 3 merely paved the way for a new set of guidelines on contracting and subcontracting.

On February 2002, Secretary Sto. Tomas issued Department Order 18 series of 2002. Due to workers’ objection to any “permissible contracting,” DO 18 did not include any provision on “permissible contracting.”

However, it is important to know that DO 18 merely continued DOLE’s policy to restrict – not prohibit – contracting-out of labor.

As a result, regular employment continued to dwindle and a whole industry of “service contracting” blossomed. The evils of DO 10 returned with a vengeance, with employers evolving new ways to prevent workers from attaining regular status. Many agencies were seen to disguise themselves as “cooperatives” which prevents unionization and further confuses the availability of workers’ right to wages and basic conditions of work.

Shortly after the long incumbency of President Arroyo gave way to President Benigno Aquino III, DO 18 was replaced by DO 18-A (2011).

“Permissible Contracting” remained excluded but DOLE continued to insist on its failed policy to merely restrict contracting out of labor. It still refused to exercise its authority under the Labor Code to prohibit it.

In the more than 2 decades in which the DOLE has insisted on restricting and regulating the practice of contracting out of labor, regular employment has now become the exception.

In its stead, non-regular work including hiring through agencies, is now the norm. One only has to ask the person delivering food to your homes and offices, the salesperson showing you shoes at the department store, or the technician repairing your telephone or internet or cable TV connection.

Less visible, workers in factories and manufacturing plants are also now a mix of regular and agency hired workers with the latter outnumbering the former in many cases.

And so, presently, the cycle described above continues and workers remain unable to enforce their rights or form and join organizations for their protection.

Ultimately, the continued proliferation of employment arrangements which render workers vulnerable to abuse is directly related to the DOLE’s insistence on its failed policy of merely restricting contracted labor instead of prohibiting it.

Through more than 20 years, the DOLE has implemented the same weak approach while promising to finally protect workers from abuse.

To paraphrase an oft-heard quote, it is crazy to keep on doing the same thing over and over, but expect a different result.

Cosmetic change

After the elections, workers demanded the fulfillment of President Duterte’s commitment to end endo and employment through agencies.

With one voice, they told DOLE to change its policy of merely restricting the practice of contracting out labor and, for once, exercise its authority under the Labor Code to prohibit it.

Sadly, however, DOLE chose not to listen to the workers. Instead, DO 174, signed on March 16, 2017, continues the same failed policy of regulating what is now an industry of Brobdingnagian proportions.

Contrary to DOLE’s media posturings, the latest order only contains cosmetic changes or amendments too inconsequential to benefit workers. According to the DOLE, contractors must now have capital of at least P5 million instead of the previous P3 million. However, years of business success has seen the contracting industry grow into a multi-billion peso industry. The increased in capitalization is therefore of any doubtful efficacy.

On the other hand, consider the following troubling aspects of DO 174:

• D.O. 174 continues to allow principals to hire workers through agencies. This, despite our long history which proves that under such tripartite arrangements, workers are extremely vulnerable to abuse. The prohibitions it contains – such as labor only contracting - have been prohibited for the past 2 decades. And yet, the abuse of workers have only worsened. So the question has to be asked: what has changed with D.O. 174?

• Even worse, D.O. 174 inexplicably re-introduces a provision on “permissible contracting.” This provision has already been rejected many times over since its first incarnation in D.O. 10 (1997) because it only encouraged employers to contract out labor and gave agencies a mask of legitimacy to hide behind. And yet, the DOLE, defying logic and good sense, revives it in D.O. 174. One will be challenged to find something more idiotic!

• In the rounds of consultations it conducted, DOLE received many testimonies from workers about the abuse of the concept of “cooperatives.” And yet, D.O. 174 completely ignored them and chose instead to prohibit only those which it considers to be “in-house” cooperatives. By doing this, DOLE allows all other cooperatives to engage in contracting and subcontracting – a practice which have demonstrably misled many workers regarding their true status of employment and blunted their ability to exercise their rights as employees.

• D.O. 174 removed the ability of workers’ representatives (bargaining agents) to demand a copy of the service contract between the principal and the contractor/subcontractor. This was previously granted by D.O. 18-A but was inexplicably removed in D.O. 174, leaving workers and their unions even weaker than before.

• D.O. 18-A previously required contractors to set at least 10% of the total contract cost as the standard administrative fee. Competition among contractors should then operate above this rate. This is not anymore required by D.O 174. Thus, one can only wonder how the DOLE expects contractors, without a set minimum for such a fee, to avoid cutthroat pricing and racing to the bottom with regard rates charged to principals. These practices have invariably lead to the denial of workers’ benefits.

Statements made by the DOLE following the issuance of D.O. 174 seem to indicate a pledge to enforce labor laws in order to protect workers.

However, given the DOLE’s betrayal of the President’s promise to end "endo" and employment through agencies, the DOLE has clearly shown its choice to cling to its failed policy of regulating contracting out of labor in face of workers’ unanimous demand to prohibit it.

This indicates a readiness to accommodate employers’ interests at the cost of workers’ rights and welfare. What kind of enforcement then can we then expect from such a Department?

As workers and workers’ organizations such as NAGKAISA and SENTRO continue to demand for the total prohibition of all forms of contracting, they also remain vigilant in guarding the rights of workers: the person delivering your food, the salesperson offering you shoes, the factory worker producing goods. Will they finally enjoy the security of tenure, the living wage, the right to form and join unions, and all other rights guaranteed by the Constitution?

Under a DOLE which continues to insist on a weak and failed approach to contracting out of labor, it is highly unlikely. And the workers’ demand to prohibit all forms of contractualization will only grow louder. – Rappler.com

SENTRO is a national labor center composed of 16 industry federations and sectoral organizations. It has been at the forefront of the fight for security tenure for many years. It is an affiliate of the NAGKAISA Labor Coalition.

Original Link: http://www.rappler.com/thought-leaders/164921-endo-contractualization-alive-dole-department-order