By ARTHUR L. ALLAD-IW
www.nordis.net

Another law that implements the Regalian Doctrine provision of the 1987 Constitution is RA 7586 otherwise known as the National Integrated Protected Areas System Act of 1992. It designates protected areas of land and water that due to their unique physical and biological diversity this law provides that it be protected against destructive human exploitation. It categorizes these areas as strict nature reserve, natural park, natural monument, wildlife sanctuary, protected landscapes and seascapes, resource reserve, natural biotic areas and other categories established by law, conventions or international agreements which the Philippine government is a signatory.

Most of the defined protected areas and those categorized are found in areas where indigenous people reside. The law declares, under Section 5, paragraph a: gall areas or islands of the Philippines proclaimed, designated or set aside, pursuant to a law, presidential decree, proclamation or executive order as national park, game refuge, bird and wildlife sanctuary, wilderness area, strict nature reserve, watershed… before the effectivity of this act are hereby designated as initial components of the system.

Applying this in the Cordillera region, those areas that fall under the above-mentioned provision as initial components of the system are those declared as national park like the Mt. Data National Park in Mountain Province and Mount Pulag in Benguet; and watershed like the Upper Agno watershed reservations and Angat watershed reservations. The upper Agno reservation was declared for the dams along the Agno: Ambuclao, Binga and San Roque.

It is also interesting to note that this law provides for the protection of plants, insects and animals rather than the rights of indigenous people as human beings. The single provision of this law on ancestral lands failed to provide for IP rights to their ancestral lands. While it is true that this lawfs provision on ancestral domain provides that the DENR shall prescribe rules to govern ancestral lands within the protected area and that the IPs shall not be evicted without their consent, a latter provision (Section 20) provides for the prohibited acts within the protected areas which include, among others, hunting or mere possession of any plants or products derived there from without permit from the Environment Management Board.

While I appreciate the protection of the areas through the system, it must be noted that these areas are very well protected up to the present because of the indigenous peoplef practice of sustainable development. So it must be noted that this law therefore provides for the legalization of the displacement of IPs who had been in the protected areas prior to the enactment of the law.

It gives license to the State to drive out IPs of the gprotected areash. It provides for the confinement of economic activities in the classified Buffer Zones surrounding the declared protected area. This law therefore repeats the displacement of IPs from their lands that was spared by the state in pursuance of the Regalian Doctrine concept and will further the marginalize IPs who had for a long time been neglected by the government.

The NIPAS law also intends for the protection of natural and scenic areas within the thrust of eco-tourism. While eco-tourism may provide supplement to the livelihood of communities near the natural and scenic areas, any activity of such kind is geared towards commercialization rather than protection and its effect is negative to the socio-cultural and economy of the IPs. In fact, the indigenous culture and tradition are being commercialize to attract tourists for the benefit of big businesses and the government.

This law allows the government through the DENR Secretary to perform any which include act to enter into contracts and/or agreements with private entities or public entities; accept NGOs and the private sector as maybe necessary to accomplish the objectives and activities of the system. One main objective of the law is the protection of biodiversity. Useful and medicinal plants, insects and even animals are among those found in the categorized and declared protected areas. With the above provision, with the principle of reciprocity under the Intellectual Property Rights law, and with the Philippine governmentfs ratification of the General Agreement on Tariffs and Trade and as a new member of the WTO, foreign pharmaceutical corporations are given license to patent medicinal plants, insects and animals. This is concretized through the patenting by foreign corporations of banaba leaves, Philippine snail, lagundi and sambong.

If the new IPR law and the GATT provisions on trade related intellectual property rights (TRIPS), IPs and other Filipinos are legally prohibited from utilizing such patented materials or products. It must be noted that IPs had been practicing a sustainable system of using, nurturing and conserving local biodiversity that is not only beneficial to the whole community but to those who are actually in need of any such product. This IP system contradicts the profit-oriented foreign concept of patenting.

In the guise of protecting the environment, one can be easily deceived to support the program. But this law is primarily designed to serve the interests of the multi-national and trans-national corporations (MNCs/TNCs) through the patenting of medicinal plants, animals and insects. First, they delineated the land of the IPs as public land for its minerals. Now, they want our plants, insects and animals for patenting, and maybe, we will wake up one day day with the genes of some IPs already patented by these MNC/TNC pharmaceutical corporations. # nordis.net

By ALDWIN QUITASOL
www.nordis.net

“At times our own light goes out and is rekindled by a spark from another person. Each of us has
cause to think with deep gratitude of those who have lighted the flame within us.” — Albert Schweitzer

The workers are fortunate that by their united strength they have a true workers’ union. Especially when their labor center is dedicated to their continued fight for the welfare of the workers not only in their workplace but for all the workers in the country. And, they are much more fortunate to have a good labor lawyer who is one of them and selflessly works with them to collectively achieve their goals as a union that is part of the labor center.

The workers confined to the daily rigors of pursuing their livelihood can be so fortunate to have a friend to explain and illustrate the workings of the capitalist system that treats them, the workers, as mere instruments in the generation of huge profits, and therefore exempted from the welfare afforded by huge profits earned by the whole company. A friend who unselfishly shares educated insights to management systems that rightfully points out human involvement in production must be cared for and therefore respected in the negotiation for a just share of the profits in their Collective Bargaining Agreement (CBA) proposals.

An ordinary lawyer would rather busy himself with getting rich and there are some labor attorneys now big time politicians who have sold the workers rights in CBA negotiations for a hefty reward from the company. And, where can you find a labor attorney who is not racing to get 10% or more for himself whether the CBA negotiations he leads succeeds or not.

The real workers’ lawyers are seen to spend more time at researching and studying on how to make the bargaining power of the workers stronger. Even missing his meals he racks his brains burning the midnight oil to ensure he and the union will be better equipped with appropriate data before sitting at the negotiating table. He is with a labor center guided by principles of serving the workers and the rest of the people. A labor center and not a profit oriented organization also entitled to the fruits of a successful CBA, and the protection of its constituents. And, the gracious union officers are obliged to lead their constituents do their part to strengthen their labor center and support their labor lawyer with the next step of the struggle in mind – to see that the provisions of their CBA are respected and delivered, especially by the company they work with.

Also these union officers in the same degree or more of loyalty and trust their lawyer shared with them in their time of need; are obliged to see to it that the company pays their labor lawyer the agreed fees and percentages due him and provided for by CBA negotiation practices without charge to the union or the workers.

In a yellow union, officers and their attorneys and whatever do not negotiate, argue or debate with the management, all they have in mind is to finish the negotiations as early as possible to get the signing bonuses and get a big percentage from the wage hikes of the workers. And never mind if the content of the CBA is bad, especially where the workers’ security of tenure and other labor rights are not protected.

And for the information of all concerned and interested parties, true to his profession, this labor center’s attorney charged his clients only after the case is won, and as always, he gets his payments and percentage at the expense of the company and not the worker. “Sa’n ka pa?”.

This good attorney instead of getting mad still with feet-on-the-ground attitude told his companions to explain to the workers why the center collects a percentage for the legal assistance they have provided the union. And he said maybe the workers did not understand why they are being charged, so they deserve to be enlightened on the issue. Again. “Sa’n ka pa?” # nordis.net

By REV. LUNA DINGAYAN
www.nordis.net

“If you want to serve this people well, give a favorable answer to their request, and they will always serve you loyally.” — I Kings 12:7

All-Out War Policy

Our government’s all-out war policy against the insurgents is never actually changed since the Marcos Regime despite claims to the contrary. This is shown in the way the military has been handling our country’s insurgency problem which is now considered the longest in this part of the world simply because its roots is never seriously and sufficiently addressed. Both camps talk of peace while preparing for war. The recent death toll of soldiers and civilians alike in various encounters with the insurgents in the South and elsewhere brings to mind the futility of resolving our insurgency problem with the barrel of the gun.

President Noynoy’s declaration of “all-out justice” against the so-called lawless elements or lost command among the insurgents is a good move towards the right direction. Hopefully, P-Noy’s “all-out justice” should not only be meant to seek justice for the fallen soldiers, but should address the various forms of systemic injustice which lie at the very roots of the insurgency problem in our country.

Insurgency continues to thrive in the countryside due to massive poverty and lopsided development. All-out justice should be directed not only to the lawless elements but also to the lawful ones in government which are making poor people’s lives even more miserable with their graft and corruption, and by snuffing the precious lives of people like Fr. Pops who identify themselves with the struggles of the poor and oppressed for better life.

Division of the Kingdom

The recent developments in our country bring to mind the division of the Kingdom of Israel just after the death of King Solomon as recorded in I Kings 12. His son Rehoboam succeeded him to the throne. Under the leadership of Jeroboam, a former officer in charge of the conscripted laborers, the ten tribes in the North who suffered a lot during Solomon’s reign brought their complaints before Rehoboam in Ramah. They had two demands: lower the taxes and put to stop the kingdom’s forced-labor policy.

Instead of responding positively, Rehoboam asked the people to return after three days for he had to consult his advisers. He had two sets of advisers. One set were the old ones who were former advisers of his father Solomon. The other set were his contemporaries whom he appointed to their respective positions. Basing on their experiences, the old advisers said, “If you want to serve this people well, give a favorable answer to their request, and they will always serve you loyally” (I Kings 12:7).

Apparently, Rehoboam already had his own decision; he was simply looking for some people who would agree with him and someone to blame if his decision would fail. Since they wanted to create a good impression before the King, the young advisers said to Rehoboam, “Tell the people, my father placed heavy burdens on you I will make them even heavier. He beat you with whips I’ll flog you with bullwhips!”{I Kings 12:11). That was precisely what Rehoboam did, and the Kingdom was divided. The people from the North withdrew their support to Rehoboam’s reign.

Roots of Insurgency

This has always been the case in the course of history. When people are already suffering and still make them suffer even more, this would become a fertile ground for seeds of insurgency to germinate and grow. Many of our people in the South and elsewhere have suffered so much for too long because of injustice committed not only by lawless elements, but more so by lawful elements in government. This should be addressed seriously before it’s too late.

Certainly, we need all-out justice, but it should be a kind of justice that is all out in punishing the lawless as well as lawful elements in government who are making our people poorer and more miserable by their graft and corruption. Moreover, it should be a kind of justice that would serve the victims of judicial and extra-judicial killings in our country. Otherwise, all this presidential call for all-out justice would simply be an empty rhetoric – a proverbial clanging bell and a tingling cymbal.# nordis.net

By INNABUYOG-GABRIELA
www.nordis.net

Oktubre 28 ang makasaysayang araw ng paglaban ng kababaihan sa kahirapan at panunupil, ang magiting na pagtindig ng kababaihan sa harap ng pambubusabos ng mga nasa kapangyarihan.

Oktubre 28, 1983 humugos sa lansangan ang may 10,000 kababaihan para labanan ang pampulitikang panunupil at malalang kahirapan sa ilalim ng pasista, korap at tuta ng imperyalistang US na rehimeng Marcos.

Ngayon makalipas ang 28 taon, napatalsik man ang diktador, nananatili ang panggigipit, panunupil at pagpapahirap sa mamamayan. Damang-dama ngayon ng kababaihan ang lumalalang bigwas ng kagutuman at kahirapan sa ilalim ng administrasyong nangakong “Kayo ang boss ko!” – pangakong kailanman ay hindi natupad dahil tila alipin pa rin bunga ng kahirapan ang kababaihan.

Makalipas ang mahigit isang taong panunungkulan, lumala pa ang krisis at epekto nito sa mamamayan dahil pinagpatuloy lang ng asyenderong Noynoy Aquino ang pakikipag-sabwatan sa tunay niyang boss – malalaking negosyo at dayuhang monopolyo na parang mga lintang nagkakamal ng ganansya sa binubusabos na mamamayan.

Overpricing sa langis at pagtatanggol sa oil cartel

Iba’t ibang bisita at pormula sa pagkuwenta ng presyo ng langis, iisa lang ang sinasabi: Overpriced ang langis na binebenta sa bansa ng Shell, Caltex at Petron. Hindi na nga makaagapay ang mamamayan sa taas ng presyo ng mga bilihin at iba pang pangangailangan bunsod sa sunud-sunod na oil price hikes, todo pa ang pagdoktor ng presyo at tongpats ng oil cartel. Kung hindi ba naman kitang-kita ang kaswapangan at pandurugas nila, bilyun-bilyon ang nirerehistro nilang tubo habang ang mga lokal na negosyo ay padausdos ang kita, nalulugi o nagsasara. Ang tubong ito ay mula sa pawis at dugo ng mamamayan na sa bawat oras ay pinagnanakawan ng oil cartel!

At ano ang ginagawa ng gobyernong Aquino? Mistulang abogado at tagapagsalita ng oil cartel ang Department of Energy. Sa halip na imbestigahan para parusahan ang overpricing ng kartel, kinampihan pa ang mga mandurugas. Wala raw magagawa ang gobyerno dahil may Oil Deregulation Law. Tingnan mo nga naman ang katwiran ng gobyernong Aquino! Todo-todo ang pagtatanggol sa Oil Deregulation Law samantalang matagal nang binabatikos ang maka-kartel na batas na ito! Ano nga ba naman ang aasahan sa asyenderong si Noynoy na pamangkin ni Danding Cojuangco, ang negosyanteng may mayoryang pag-aari sa Petron?

Dagdag pa, ipinagtatanggol ng gobyerno ang manipulasyon sa presyo ng langis dahil sa bawat pagtaas ng presyo ng langis, mas malaking kita mula sa E-VAT ang awtomatikong nakokolekta nito. Pero hindi naman bumabalik sa serbisyo para sa mamamayan ang kinokolektang buwis, kaya limalabas na pumaparte lang ang gobyerno sa sinisipsip na kita mula sa nagugutom at busabos na mamamayan.

Demolisyon, ebiksyon para sa negosyong pabahay

Gutom na nga ang mamamayan, dagdag pang pasakit ang panggigipit sa karapatan sa paninirahan. Kaliwa’t kanan ang demolisyon at ebiksyon sa mga maralita habang nananatiling walang programa para sa disente at makataong pabahay ang gobyerno. Itinatapon ang mga pinaalis na pamilya sa mga relokasyon na malayo sa kabuhayan, paaralan at pagamutan. Mas masahol, binabalewala ang mga naibayad na sa naunang pabahay at pinagbabayad nang bago ang mga relocatees. Negosyo ang turing sa mga tahanan ng maralita para bigyang-daan ang mga proyektong Public-Private Partnership (PPP) ni Aquino.

Charter Change pabor sa negosyong dayuhan

Hindi pa nasapatan ang gobyernong Aquino sa ginagawa nitong pakikipagsabwatan sa mga malalaking negosyo, tinutulak pa ngayon sa Kongreso ang charter change. Kunwari pa ang presidente na hindi makikialam sa agarang pagpasa ng cha-cha pero kitang-kita naman na mga kapartido at kakampi niya sa Kongreso ang nagtutulak nito, alinsunod sa bisyon na Philippine Development Plan ng kanyang administrasyon.

Layon ng cha-cha na tanggalin ang anumang natitirang balakid sa Konstitusyon ng Pilipinas para bigyang-daan ang 100% pagmamay-ari ng mga dayuhang korporasyon sa mga lupain at negosyo sa bansa. Kapag natuloy ang planong cha-cha, lubos na makikinabang ang mga malalaking dayuhang korporasyon sa pagmimina, langis, pangingisda at agro-kemikal. Aariin nila ang malalaking lupain sa bansa na magbibigay-daan sa malawak pang pangangamkam ng lupa sa mga magsasaka at katutubo, gayundin ng di-matatawarang pinsala sa kabuhayan at kaligtasan ng mamamayan.

Pasakit ang dulot sa kababaihan at sa ating mga pamilya ng pakikipagsabwatan ng gobyerno sa malalalaking negosyo at mga dayuhang monopolyo! Sa mabilis at palihim na maniobra ng nagpoposturang si Aquino, tila na-wan-tu-tri ang taumbayan. Kunwaring tinawag tayong boss, ‘yun pala ay patuloy na binubusabos!

Kaya, isa, dalawa, tatlo, kababaihan tayo nang lumaban! Mag-strike tayo laban sa sabwatan! Wala tayong pinakamabisang armas laban sa bigwas ng panggigipit sa ating kabuhayan at karapatan kundi ang malawak nating pagkakaisa at militanteng paglaban.

Sa darating na Oktubre 28, iguhit natin ang araw ng sama-samang paglaban ng kababaihan sa pambubusabos ng sabwatang Noynoy at malalaking negosyo!

Kababaihan, kumilos!

Labanan ang atake sa ating kabuhayan at paninirahan ng rehimeng Aquino na pabor sa malalaking negosyo at dayuhang monopolyo!

Women strike back! # nordis.net