Get well Rene Saguisag

The memory just can't be erased. Rene Saguisag was one of the finest symbols in the fight against dictatorship in the 80's. He saved many lives and suffered many indignities. Of one thing we can be sure: he remained true to the call to protect the down-trodden. Get well. Our condolences on the passing of Dulce.

Mukha Mukasey; implications for the Philippines

The Democrats, because of attorney-general-nominee Mukasey's amiable face, are inclined to confirm him, except for this one fly in the ointment: Mukasey refuses to say whether waterboarding constitutes torture.
In a previous post, I pointed out that a senate Democrat mentioned the case of a US soldier who was prosecuted for using waterboarding on a Filipino insurgent. The effect of the method is to make the captive feel he is drowning. Now, if that is not torture, I don't know what is.
In his speech at the Heritage Foundation yesterday, George W. explained his tortured logic why Congress should just confirm the nominee immediately:

1. If the menu of methods in interrogation were to be published, suspected terrorists could adopt mitigation measures. How? By bringing scuba gear or snorkels all the time, during suicide missions, especially, I suppose. And Osama might send his trainees to explore the rich marine life in the Philippines in aid of proper certification as a torture-proof and dead terrorist. That makes sense and would be good for Philippine tourism. (How about this Ace Durano and GMA? Why don't you testify bravely against your idol?)
   
2. Mukasey has not been briefed on the method and could not possibly make a judgment. So brief him immediately then.
3. The whimpy Democrats, ever soft on national security, are just making political hay.
4. Finally leading to his pitch on the "war on terror", soi-disant, the US should employ all means to accomplish the ends of his foreign and phallic fallacy.
   

The New York Times explains Mukasey's refusal better: the administration does not want to open the door to prosecution of those who used the method before it came to public attention.
Does this debate have any implications for the Philippines? Are our definitions of torture rigorous? What are these?

Ruben Carranza Jr., formerly defense assistant secretary under Erap, recently reminded me that since EDSA 1, no one has been prosecuted successfully for torture. What a shame.

update on the travails of Philippine UNDP staff

Here's an update on the 'inaction' of the UNDP on complaints lodged against UNDP country director Noble. It seems all the New York office could do is acknowledge the problem. In the meantime, the Philippine staff are in limbo.

Human Rights? Really?

I earlier misattributed this to my friend Robert Francis Garcia, who says the article is by Susan 'Toots' Ople

Our Times
How to pick up a pen from the floor

HOW does one pick up a pen that he or she accidentally drops to the floor? If it’s a woman, more often the man nearest to the pen picks it up and hands it over to its owner with a smile. If it’s a man, he just bends a bit or stoops (depending on his height) to pick it up. No big deal, right?
Apparently, not in the United Nations Resident Coordinator’s Office, if letters and complaints from aggrieved staff are to be believed. It seems the head of this office, a woman named Nileema Noble dropped her pen. A male staff who happened to be in the room when this happened was about to pick the pen from the floor. The lady boss motioned him to stop and proceeded to call out her secretary’s name. The secretary, who was seated in her desk outside the boss’ office, went in. She meekly picked up the pen from the floor and handed it to her boss. And this, my friends, is one particular example of how a UN official based in the Philippines prefers to pick up her pen.

I write this piece with malice towards none, but with a firm belief that all people – regardless of nationality – must treat people with respect. This is the foundation of decent work. Aware that the official being complained about has her rights, too, I promise her an equal right to rebut the information volunteered by her staff, through this column.

But first, here are the points raised by a group of Filipino staff members who recently sought the help of the Blas Ople Policy Center so that they could ventilate their grievances:

1. The head of the UNRC, without minimum courtesies as expected in any other organization, unceremoniously terminated two UN Staff, one, an assistant resident representative for operations, and the other, a UN coordination specialist. They were given only a few hours to leave the UN premises after they were sacked. Adding insult to injury, they were told that if they keep silent and don’t contest her decision to pre-terminate their contracts, they can have other opportunities to work within the UN system. However, if they talk, she will make sure they never get to work for the UN again.

2. The unpopularity of the UNRC head is reflected in the UNDP’s Global Staff Survey where she came out last among the UNDP resident representatives in terms of approval rating. She scored 43%, a much lower score than the global average of 60%. Majority of UN resident representatives in Manila received 90%+ in approval ratings.

3. UNRC personnel continue to be traumatized in her presence. For example, she would throw documents on the floor when she was angry and then order her secretary to pick them up for her. She would also go into a flying rage whenever someone argues or tries to correct her. On another occasion, she literally shook another staff that dared proffer an explanation during one of Mrs. Noble’s foul moods.

4. This dynamic has spilled over to implementation of various government-UN projects with the disbandment of project management staff offices to help bridge these projects. Several government implementing agencies were surprised to learn about the UNRC’s unilateral decision to change implementing partners without due process, disband project management offices even at the risk of affecting results and imposing new program realities despite earlier agreements reached with stakeholders.
These are just some of the complaints raised by a group of staffmembers who came to see me a few days before my column deadline. One of them, former coordination specialist, Robert Francis Garcia, said he has written the Department of Foreign Affairs, the UN Ombudsman and the rest of the UN Country Team members and the UNDP Headquarters in New York. He also gave me a copy of his letter.

In it, he wrote: "The Coordination Specialist position was designed to assist the UN Resident Coordinator (UNRC or simply RC, officially the highest-ranking UN position in a country) in harmonizing work among various UN agencies. The post as vacated successively by two other people (the first one, temporarily). I won’t hazard a reason for their premature departure, though it is particularly telling that people under Nileema’s watch are leaving in droves. More than 20 people have left the UNDP since she came, and counting. I also cannot speak in their behalf, but I can speak from my own experience."
"Tolerance and understanding are basic human values. They are essential for international civil servants, who must respect all persons equally, without any distinction whatsoever. This respect fosters a climate and a working environment sensitive to the needs of all. To achieve this in a multicultural setting calls for a positive affirmation going well beyond passive acceptance." [Article 6 of the Standards of Conduct for the International Civil Service, The United Nations Ombudsman’s Office.]"

"There was never an instance when she did not raise her voice. The surreal "meeting" (when he learned he was being sacked) on May 4 was not unusual – it was a daily occurrence with Nileema."
I am convinced that the staff members who came to see me are telling the truth. I hope that the United Nations look into their complaints. The Department of Foreign Affairs could also help by calling the attention of the UNRC on how our nationals should be treated. We talk about protection for Overseas Filipino Workers. Here at home, we must be just as passionate in protecting the rights of our own workers.

Sometimes a simple gesture speaks volumes about the humanity of a person. So tell me, how do you pick up your pen from the floor?

'extra-judicial killings'

You have to give it to the intrepid Ricky Carandang of ANC. He always manages to interview the most unlikely guests, and last night’s were truly exceptional: Chief Justice Reynato Puno and Associate Justice Adolf Azcuna. Listening to the justices reassured me that the judicial branch has at last and at least have been seized by the problem of extra-judicial killings, actually an inappropriate phrase since we no longer have the death penalty, and for good reason, and thus we cannot have judicial killings. The two justices were only being diplomatic in refraining from publicly castigating the two other branches---especially the executive---for their inaction and perhaps, even complicity in the murders and disappearance of political activists. Our alleged president would not have shown any concern had not human rights organizations mobilized international opinion on the spate of killings and disappearances. One can only wish that the supreme court had the power to fire justice secretaries, because the one we have does not know the meaning of shame.

Azcuna enlightened mewith a discussion of the Minnesota protocol, where, if the victims are last seen with military or state agents, it is the burden of the latter to explain and extricate themselves. After all, it is the state which is supposed to have a monopoly of the gun. This protocol becomes more relevant in the case of a government which has taken Donald Rumsfeld’s logic: the absence of evidence is not evidence of absence. Thus, the state can arrest you, torture you, and bomb other countries to kingdom come on mere suspicion of terrorist inclinations.

I don’t know if the justices volunteered to be interviewed, but if they did, they chose the interviewer well. Carandang is competent, prepares well in advance, and has exemplary interviewing skills. More likely it was he who approached them and the justices could not refuse. In any case, the interview was to bring attention to this Monday’s summit on extra-judicial killings and one can only hope it succeeds.

Also yesterday, Conrad de Quiros discussed his frustrated search for the movie ‘Missing’ which affected me too. It was played not too long ago in one of the cable movie channels. I think it is available from the many movie websites abroad.

And before I forget, I really appreciated The Big Picture’s interview with the officials of the National Statistical Coordination Board (NSCB) and former economic planning secretary Felipe Medalla on problems with the estimates of GDP growth. Unfortunately, this was not carried intelligently by the national papers. Among the respectable columnists, only Ciel Habito mentioned the problem and the discussion but he did not have the space for a satisfying follow-up. ( I asked my niece Charo Logarta whether she found the latest estimates credible and her response was to the effect that these were not estimates but ‘actual’ figures as she understood them from a press conference. I had to remind her that figures based on a survey or sample should be treated as estimates.)

I will say my piece on these issues some other time.