Streetwise
by Carol Pagaduan-Araullo
In this country, the name Failon has instantly become associated with police brutality and abuse of authority. The untimely death of Trinidad Etong, the wife of popular radio and television news anchor Ted Failon, likely by her own hand, has resulted in a series of tragic events for her family. What would otherwise be a personal cross to bear for Mr. Failon and his children has become a highly publicized spectacle of the police venting their ire and their incompetence on the hapless members of Mr. Failon’s household, including his wife’s siblings, who just happened to be there.
This is not just a case of police overzealousness, nor of police brutality. All the elements that should have stayed the hand of the police were present. At the outset the case was an apparent suicide attempt; the commission of a felony was not self-evident although it could not be ruled out. Mr. Failon is a high- profile media personality, a former Congressman, a man of some means and with connections in high places, as high up as Vice President Noli de Castro, who rushed to Mr. Failon’s side after the incident.
Prudence and judiciousness were clearly the way to go for any responsible police investigator but the police authorities did the exact opposite.
Very early on the investigators drew the conclusion that they were dealing with a parricide case; i.e. Mr. Failon had attempted to kill his wife. Even while Ms. Etong was fighting for her life in the hospital, the police were engaged, not in investigating the circumstances of the shooting, but in building up a case against her husband.
They were quick to speculate that the wife had been shot in Mr. Failon’s car and then transferred to the bathroom. This despite the testimony of all the household help, Ms. Etong’s sister and Mr. Failon that they found her in the bathroom bathed in a pool of her own blood, with a gun at her side, and that she was subsequently rushed by Mr. Failon to the hospital in his car.
The police initially stated that there was no evidence of the spent bullet ricocheting in the bathroom (they later found it); that the husband had scratches on his back indicating that the “victim” had fought off her “assailant” (there were none); and that there were solid indications of an attempted cover-up by cleaning the scene of the crime, both the bloodied bathroom and the vehicle.
The “law enforcers” were uncharacteristicall y swift in hauling off Mr. Failon for questioning; they took forever to process his sworn statement; and it was only through the intervention of the Chief of the Public Attorney’s Office that he was temporarily released. Whereupon police officials peremptorily declared that he was the object of a manhunt for illegally removing himself from their custody.
They manhandled, summarily arrested and arbitrarily detained Mr. Failon’s house help, driver, and in-laws on the groundless charge of “obstruction of justice” when they had not even established if a crime had been committed.
Their brash and excessive actions indicate confidence that they had the approval, if not the direct orders of “higher ups” in the Philippine National Police (PNP) and perhaps even in the higher reaches of government.
The immediate and unwavering support for the police by the Justice Secretary compared to the slow response to complaints of police abuse by those directly supervising the PNP, strongly suggest that powerful quarters are at work here. They have an axe to grind against Mr. Failon. Perhaps they want to put an end to his hard-hitting commentaries against the Arroyo regime, erring public officials and their criminal cohorts. Could it be that they are out to cut Mr. Failon and other critical media practitioners like him down to size?
So much so that police brutality and highhandedness, extensively covered by the mass media, were allowed to go on unimpeded for several days after the incident. This was only stopped by overwhelming public sympathy for Mr. Failon, his family and household members and almost universal condemnation of the actuations of the police. For if the police could do this to Mr. Failon, how much more ordinary citizens without the means, the connection, and the clout with the media? What about those who have consistently been in their crosshairs like activists, critics of government and others in opposition to it.
The Arroyo government has been forced to suspend six of the police officers involved and to shift the investigation from the police to the National Bureau of Investigation, an agency under the control of the notoriously biased Justice Secretary. It is clearly in damage control mode. The incident will be dismissed as an isolated case. A few will be “punished” and thereafter investigation into their culpabilities and liabilities will be conveniently forgotten. Involved higher-ups and the system that breeds these kinds of abuse will be firewalled.
It remains to be seen whether the victims will find the steps taken by government to redress their grievances satisfactory. Otherwise they risk being dismissed as unreasonable, incorrigible critics or even allowing themselves to be used by Mrs. Arroyo’s political enemies what with the upcoming 2010 presidential elections.
Unfortunately, if the underlying reasons for such an incident are not probed and exposed and if the government is allowed once more to sweep this atrocity under the rug, impunity for such crimes, by those in authority, will again reign supreme.
The message still for many is that one must not “run afoul of the law” meaning, do not criticize much less oppose government authorities, from the policeman on the beat to the untouchables in and around Malacañang. In this country, crime does pay especially if you have the power and the means to crush your opponents including paying off the police, the military and corrupt fiscals and judges to do your bidding. #
Friday, April 24, 2009
Thursday, April 16, 2009
'Wang-wang'
Philippine Daily Inquirer
Editorial
First Posted 03:07:00 04/16/2009
Call her Jackie S. The “interim first lady” of East Timor, Jacqueline Aquino Siapno, is a Filipina political scientist married to Fernando de Araujo, president of the new country’s National Parliament. She was back in the Philippines recently, for what she called a private visit. It was not the determinedly private nature of her visit that caught the attention of the Philippine Daily Inquirer; it was the resolutely modest way she went a-visiting.
The best way to capture this exemplary modesty is to quote at some length the report written by Inquirer correspondent Gabriel Cardinoza. “After exchanging greetings [at the Manila airport] they [Jackie S. and her mother] took a cab and headed to a bus terminal in Pasay City where they boarded a bus bound for her native Dagupan. The Friday night trip took five hours. At the station, they hailed a tricycle and asked to be taken to their house in Barangay Bonuan Gueset.”
This isn’t merely a charming anecdote: it is an indirect indictment of the way most public officials or political personalities in the Philippines conduct themselves, when travelling. It makes for a good story because it reminds us of the inexhaustibly surprising quality of human nature. But it makes for a front-page story because it offers a contrast to the “wang-wang” culture our political VIPs, both high and petty, take for granted.
Ms Siapno may not know the meaning of “wang-wang”—she has lived abroad for most of her adult life, earning (among other distinctions) a Ph.D. from the University of California in Berkeley—but she should recognize the self-importance her old country’s politicians attach to themselves. Wang-wang is the siren that “very important people” acquire, whether they ride unescorted or as part of a convoy; the sound is a sign that the usual (traffic) rules do not apply to VIPs. They are, obviously, too important.
Already, we can anticipate the objections, the clarifications, that officials who feel alluded to will issue. Her visit, they would say, was a private affair. There is no comparison with their official travel.
Yes, but they would miss the point. Jackie S. could have used or borrowed a private vehicle. That she did not consider herself too good for an ordinary bus or—Que barbaridad!—a rickety tricycle tells us more about the dignity of public office than flashing lights and wailing sirens ever can.
But East Timor is a small, impoverished country, other politicians or their hired spokesmen might say. There is no comparison.
Again, they would miss the point. Substantial government resources are spent every year to provide public officials with the illusion that we are already a rich country. How many hundreds of soldiers, how many thousands of policemen, are assigned to public officials as personal security? How many vehicles must be deployed to ferry a VIP and his security retinue from venue to venue? Does a vice mayor of a second-class municipality really need a close-in bodyguard? Does a congressman back in her district really need a motorcycle escort? Does a Cabinet secretary making the rounds in Metro Manila really need two beige-colored, red-plated AUVs to shadow his gas-guzzling SUV?
You get the point. Or at least we ordinary citizens do. We are not asking our public officials to use public transportation to go to and from work—although that would amount to a moral revolution. We are only asking them to reconsider the sense of entitlement, the sense of inflated dignity they display because of their complicity in the wang-wang culture.
But the “interim first lady” of East Timor is not even an official, nor does she hold a permanent position, still other officials would say. There is no comparison.
They would, again, be missing the point. All public office is temporary. And too many of our own officeholders use their office to aggrandize not only themselves but their families. Who has not seen police bodyguards deployed to secure an official’s child, or a convoy of government vehicles to accompany an official’s spouse?
In her simplicity, in her sure sense of self, Jackie S. reminds us how spoiled, how self-indulgent, how corrupt, many of our high-riding officials have become.
Editorial
First Posted 03:07:00 04/16/2009
Call her Jackie S. The “interim first lady” of East Timor, Jacqueline Aquino Siapno, is a Filipina political scientist married to Fernando de Araujo, president of the new country’s National Parliament. She was back in the Philippines recently, for what she called a private visit. It was not the determinedly private nature of her visit that caught the attention of the Philippine Daily Inquirer; it was the resolutely modest way she went a-visiting.
The best way to capture this exemplary modesty is to quote at some length the report written by Inquirer correspondent Gabriel Cardinoza. “After exchanging greetings [at the Manila airport] they [Jackie S. and her mother] took a cab and headed to a bus terminal in Pasay City where they boarded a bus bound for her native Dagupan. The Friday night trip took five hours. At the station, they hailed a tricycle and asked to be taken to their house in Barangay Bonuan Gueset.”
This isn’t merely a charming anecdote: it is an indirect indictment of the way most public officials or political personalities in the Philippines conduct themselves, when travelling. It makes for a good story because it reminds us of the inexhaustibly surprising quality of human nature. But it makes for a front-page story because it offers a contrast to the “wang-wang” culture our political VIPs, both high and petty, take for granted.
Ms Siapno may not know the meaning of “wang-wang”—she has lived abroad for most of her adult life, earning (among other distinctions) a Ph.D. from the University of California in Berkeley—but she should recognize the self-importance her old country’s politicians attach to themselves. Wang-wang is the siren that “very important people” acquire, whether they ride unescorted or as part of a convoy; the sound is a sign that the usual (traffic) rules do not apply to VIPs. They are, obviously, too important.
Already, we can anticipate the objections, the clarifications, that officials who feel alluded to will issue. Her visit, they would say, was a private affair. There is no comparison with their official travel.
Yes, but they would miss the point. Jackie S. could have used or borrowed a private vehicle. That she did not consider herself too good for an ordinary bus or—Que barbaridad!—a rickety tricycle tells us more about the dignity of public office than flashing lights and wailing sirens ever can.
But East Timor is a small, impoverished country, other politicians or their hired spokesmen might say. There is no comparison.
Again, they would miss the point. Substantial government resources are spent every year to provide public officials with the illusion that we are already a rich country. How many hundreds of soldiers, how many thousands of policemen, are assigned to public officials as personal security? How many vehicles must be deployed to ferry a VIP and his security retinue from venue to venue? Does a vice mayor of a second-class municipality really need a close-in bodyguard? Does a congressman back in her district really need a motorcycle escort? Does a Cabinet secretary making the rounds in Metro Manila really need two beige-colored, red-plated AUVs to shadow his gas-guzzling SUV?
You get the point. Or at least we ordinary citizens do. We are not asking our public officials to use public transportation to go to and from work—although that would amount to a moral revolution. We are only asking them to reconsider the sense of entitlement, the sense of inflated dignity they display because of their complicity in the wang-wang culture.
But the “interim first lady” of East Timor is not even an official, nor does she hold a permanent position, still other officials would say. There is no comparison.
They would, again, be missing the point. All public office is temporary. And too many of our own officeholders use their office to aggrandize not only themselves but their families. Who has not seen police bodyguards deployed to secure an official’s child, or a convoy of government vehicles to accompany an official’s spouse?
In her simplicity, in her sure sense of self, Jackie S. reminds us how spoiled, how self-indulgent, how corrupt, many of our high-riding officials have become.
Wednesday, April 01, 2009
Writer's 'Racist Slur’ Offends Filipinos
By Danilo Reyes
Column: Point of Action
UPI Asia Online, March 31, 2009
Hong Kong, China — A journalist in Hong Kong who described the Philippines as a “nation of servants” in his column may have written his article as a satire, and perhaps his insults were “not intentional,” but the Filipinos’ reaction demonstrates they could not take it lightly. Such comments are deeply hurtful, satirical or otherwise.
The article entitled “The War At Home,” written by Chip Tsao, was published in HK Magazine on March 27, but the publishing company, the Asia City Publishing Group, had to pull it from their website three days later. Massive condemnation of the article in both Hong Kong and the Philippines forced the company to make an apology on Monday.
Before Chip Tsao’s article came to light, another local newspaper, The Standard, had published a report on Feb. 25 claiming that Filipinos were carriers of an infectious disease, a “superbug,” quoting an expert from the Center for Health Protection. Considering this a serious issue, I personally wrote to the CHP asking for clarification, only to find out the report did not “express the views of the CHP.”
But unlike HK Magazine, The Standard did not apologize, nor did its editor, Ivan Tong, reply to my letter or email. The journalist who wrote the article, Patsy Moy, stands by her story despite the disclaimer in the CHP’s letter to me.
In searching for a remedy to the problem of articles that misrepresent the Filipino community, I was told that the newly passed Racial Discrimination Ordinance in Hong Kong, though it has provisions to protect ethnic minorities from discrimination, applies only in the workplace. There is no redress for an ethnic group that is offended by published articles or reports.
Thus Filipinos in Hong Kong, for lack of other options, must resort to issuing statements and press releases to protest against discrimination or offensive and false comments. The Filipinos’ reaction to Chip Tsao’s supposedly “satirical” column is not the first time, nor will it be the last, that Filipinos collectively protested against comments they thought offensive.
I recall a controversy over Hollywood actress Claire Danes, who was declared “persona non grata” in the Philippines and whose movies were banned in the country after she commented, following filming in the city, that Manila was infested with cockroaches and rats. She later apologized. There was another case of a Canadian mentor who was condemned over her offensive comments about a Filipino toddler for not being able to use spoon and fork at a primary school.
The Filipinos may be fragmented and divided in some ways – by social class, ethnic group, dialect and ideology – but if their identity as Filipinos is shaken, if they are humiliated or offended, they come together. Perhaps this is a byproduct of their historical colonial past and oppressive regimes.
Let’s take Chip Tsao’s column as an example. He may argue that his article was intended as a satire; however, he touches upon the very reasons Filipinos have to come to Hong Kong to work as domestic helpers. They come not by their own choice, but are forced to do so by the lack of opportunities at home. This is due to both the abject failure of the Philippines government to develop the country’s economy and to the policy of exporting labor set up during the Marcos regime in the 1970s.
Therefore, it is not the Filipinos’ choice as citizens that pushes them to serve foreign households as “modern slaves.” This is the product of a policy, crafted by a dictatorial and oppressive regime, that has lasted to this day. It impacts the whole range of Filipinos, which actually includes different ethnic minorities scattered in more than 7,000 islands in the archipelago.
Writings and literary articles that are satirical in nature are not a monopoly of any group of people. This approach is nothing new to Filipinos. In fact, satire was widely used in works by Filipino nationalists like Jose Rizal in his novels, and others who inspired the Philippine revolution against colonial Spain in the 1800s. Thus, to argue that the Filipinos, in reading Chip Tsao, could not “read between the lines” is not accurate.
Filipino domestic workers are often better English speakers and writers than their employers, as English has been their medium of instruction from grade school through college – once again a product of a colonial American past imposed in the 1900s that continues in the education system to this day. It is not accurate to say they cannot grasp subtle meanings.
But in Rizal’s writings, in his politically charged satirical novel “Noli Me Tangere,” he used as his objects of ridicule the Spanish friars, the oppressors and plunderers – not those who were suffering due to oppression, the Filipinos. This is what makes Chip Tsao’s approach condemnable. His objects of satire were the domestic workers who are already suffering, forced to separate from their families and to serve foreign households.
The problem with some writers is that they know full well what is offensive but they nevertheless test the waters. Journalism also entails responsibility. When U.S. President Barack Obama was elected, a Filipino-owned newspaper headline read: “Black in White House,” and not “Negro in White House.” In our modern times, not only Filipinos, but everyone knows how deeply it hurts for blacks to be described as Negroes.
In conclusion, I would like to borrow the late Filipino nationalist Jose “Pepe” Diokno’s words from an essay written in 1984, in which he described the Philippines as “a nation for our children,” not a nation of servants as Tsao described it. Building a nation for our children has long been the aspiration of all Filipinos, including me.
--
(Danilo Reyes is a staff member of the Asian Human Rights Commission, a regional human rights NGO in Hong Kong. He is responsible for the organization’s work on the Philippines. Previously, he worked as a human rights activist and journalist in the Philippines.)
Column: Point of Action
UPI Asia Online, March 31, 2009
Hong Kong, China — A journalist in Hong Kong who described the Philippines as a “nation of servants” in his column may have written his article as a satire, and perhaps his insults were “not intentional,” but the Filipinos’ reaction demonstrates they could not take it lightly. Such comments are deeply hurtful, satirical or otherwise.
The article entitled “The War At Home,” written by Chip Tsao, was published in HK Magazine on March 27, but the publishing company, the Asia City Publishing Group, had to pull it from their website three days later. Massive condemnation of the article in both Hong Kong and the Philippines forced the company to make an apology on Monday.
Before Chip Tsao’s article came to light, another local newspaper, The Standard, had published a report on Feb. 25 claiming that Filipinos were carriers of an infectious disease, a “superbug,” quoting an expert from the Center for Health Protection. Considering this a serious issue, I personally wrote to the CHP asking for clarification, only to find out the report did not “express the views of the CHP.”
But unlike HK Magazine, The Standard did not apologize, nor did its editor, Ivan Tong, reply to my letter or email. The journalist who wrote the article, Patsy Moy, stands by her story despite the disclaimer in the CHP’s letter to me.
In searching for a remedy to the problem of articles that misrepresent the Filipino community, I was told that the newly passed Racial Discrimination Ordinance in Hong Kong, though it has provisions to protect ethnic minorities from discrimination, applies only in the workplace. There is no redress for an ethnic group that is offended by published articles or reports.
Thus Filipinos in Hong Kong, for lack of other options, must resort to issuing statements and press releases to protest against discrimination or offensive and false comments. The Filipinos’ reaction to Chip Tsao’s supposedly “satirical” column is not the first time, nor will it be the last, that Filipinos collectively protested against comments they thought offensive.
I recall a controversy over Hollywood actress Claire Danes, who was declared “persona non grata” in the Philippines and whose movies were banned in the country after she commented, following filming in the city, that Manila was infested with cockroaches and rats. She later apologized. There was another case of a Canadian mentor who was condemned over her offensive comments about a Filipino toddler for not being able to use spoon and fork at a primary school.
The Filipinos may be fragmented and divided in some ways – by social class, ethnic group, dialect and ideology – but if their identity as Filipinos is shaken, if they are humiliated or offended, they come together. Perhaps this is a byproduct of their historical colonial past and oppressive regimes.
Let’s take Chip Tsao’s column as an example. He may argue that his article was intended as a satire; however, he touches upon the very reasons Filipinos have to come to Hong Kong to work as domestic helpers. They come not by their own choice, but are forced to do so by the lack of opportunities at home. This is due to both the abject failure of the Philippines government to develop the country’s economy and to the policy of exporting labor set up during the Marcos regime in the 1970s.
Therefore, it is not the Filipinos’ choice as citizens that pushes them to serve foreign households as “modern slaves.” This is the product of a policy, crafted by a dictatorial and oppressive regime, that has lasted to this day. It impacts the whole range of Filipinos, which actually includes different ethnic minorities scattered in more than 7,000 islands in the archipelago.
Writings and literary articles that are satirical in nature are not a monopoly of any group of people. This approach is nothing new to Filipinos. In fact, satire was widely used in works by Filipino nationalists like Jose Rizal in his novels, and others who inspired the Philippine revolution against colonial Spain in the 1800s. Thus, to argue that the Filipinos, in reading Chip Tsao, could not “read between the lines” is not accurate.
Filipino domestic workers are often better English speakers and writers than their employers, as English has been their medium of instruction from grade school through college – once again a product of a colonial American past imposed in the 1900s that continues in the education system to this day. It is not accurate to say they cannot grasp subtle meanings.
But in Rizal’s writings, in his politically charged satirical novel “Noli Me Tangere,” he used as his objects of ridicule the Spanish friars, the oppressors and plunderers – not those who were suffering due to oppression, the Filipinos. This is what makes Chip Tsao’s approach condemnable. His objects of satire were the domestic workers who are already suffering, forced to separate from their families and to serve foreign households.
The problem with some writers is that they know full well what is offensive but they nevertheless test the waters. Journalism also entails responsibility. When U.S. President Barack Obama was elected, a Filipino-owned newspaper headline read: “Black in White House,” and not “Negro in White House.” In our modern times, not only Filipinos, but everyone knows how deeply it hurts for blacks to be described as Negroes.
In conclusion, I would like to borrow the late Filipino nationalist Jose “Pepe” Diokno’s words from an essay written in 1984, in which he described the Philippines as “a nation for our children,” not a nation of servants as Tsao described it. Building a nation for our children has long been the aspiration of all Filipinos, including me.
--
(Danilo Reyes is a staff member of the Asian Human Rights Commission, a regional human rights NGO in Hong Kong. He is responsible for the organization’s work on the Philippines. Previously, he worked as a human rights activist and journalist in the Philippines.)
Sunday, March 29, 2009
Modernisayon ng Philippine General Hospital: Para saan?… Para kanino?
Sa araw ng Lunes, ika 30 ng Marso, 2009 ay inaasahan na darating si GMA upang pasinayaan ang bagong PABX/Paging System ng PGH (Philippine General Hospital). Isang okasyon kung saan maaari nating iparating ang ating saloobin para sa hinaharap ng Ospital ng Bayan – ang PGH nating mahal!
Para saan at para kanino nga ba ang mga kosmetikong pagbabago at pagpapaunlad ng mga inprastraktura, equipment at iba pang kagamitan?
Layunin nga ba nito na magbigay ng dagdag na serbisyo... o dagdag na bayarin sa mga taong lumalapit sa ating tanggapan? Ano ang silbi ng mga bagong equipments na bigay ng mga donors (Presidente, mga Senador at Congresssman at iba pa na karamihan ay galing rin naman sa buwis ng taumbayan) kung ang kapalit nito ay mas mataas na singilin para sa ating mga kliyente? Bakit pinahihintulutan ang pagpasok ng mga pribadong equipment/apparatus sa likod ng mga MOA na ang bunga ay hindi makakuha ng libre o discount sa serbisyo ng ospital and ating mga mamamayan at maging ang sarili mismong mga kawani nito? Dahil talaga bang ang matingkad na tunguhin ng pagpapatakbo ng ating ospital ay kita, kita at kumita pa rin?
Bilang isa sa mga abanteng organisasyon sa loob ng U.P. ang ating Unyon ay naninindigan na ang PGH, bilang Ospital ng Bayan ay itinatag upang magbigay ng laan at abot kayang serbisyong pangkalusugan at hindi maging behikulo sa pagpapasulpot ng mga dagdag kita na mamamayan din ang magpapasan. Hindi totoo na wala o kulang ang pondo ng gobyerno para tustusan ang pangangailangan ng mamamayan para sa mga panlipunang serbisyo katulad ng edukasyon at kalusugan. Tayong lahat ay saksi sa malawakan at bilyon-bilyong Pisong korupsiyon na kinasasangkutan hanggang ng mga sa kataas-taasang mga opisyal gobyerno na siyang umuubos sa kaban ng bayan, bukod pa sa pambayad utang na karamihan sa mga utang na ito ay sa bulso rin ng iilan pumupunta.
Kasama rin sa ating matagal ng kahilingan ay ang pagdaragdag ng badyet ng U.P. at PGH para mapunuan ang kakulangan sa bilang ng mga kawani, maibigay ang mga nararapat na mga benepisyo at upang makapaglingkod ng laan at abot-kayang serbisyong pangkalusugan sa ating mamamayan.
Sa totoo lang, sa ilalim ng pamunuan ng Administrasyong Alfiler, walang nadagdag na pondo ng PGH mula sa pambansang pamahalaan lalong-lalo ang sa MOOE (Maintenance, Operating and Other Expenses). Sa halip na igiit ang dagdag pondo, patong-patong na bayarin sa mga diagnostic exams at treatment procedures ang ipinapatupad na lalong nagpapahirap at siyang pumapatay sa ating mga pasyente.
ANG ATING MGA PANAWAGAN:
• Badyet ng Edukasyon at Kalusugan, Dagdagan!
• Joint Resolution No. 24 (Salary Standardization Law Part 3) – Anti-Health Workers, Mapanlinlang! Pondohan at Ipatupad ang mga Benepisyo ng mga Manggagawang Pangkalusugan, Huwag Tanggalin!
• Korporatisasyon/Privatization ng mga Pampublikong Ospital, Tutulan, Labanan!
• PGH – Ospital ng Bayan, Todo Serbisyo sa Mamamayan, Hindi Negosyo!
Para saan at para kanino nga ba ang mga kosmetikong pagbabago at pagpapaunlad ng mga inprastraktura, equipment at iba pang kagamitan?
Layunin nga ba nito na magbigay ng dagdag na serbisyo... o dagdag na bayarin sa mga taong lumalapit sa ating tanggapan? Ano ang silbi ng mga bagong equipments na bigay ng mga donors (Presidente, mga Senador at Congresssman at iba pa na karamihan ay galing rin naman sa buwis ng taumbayan) kung ang kapalit nito ay mas mataas na singilin para sa ating mga kliyente? Bakit pinahihintulutan ang pagpasok ng mga pribadong equipment/apparatus sa likod ng mga MOA na ang bunga ay hindi makakuha ng libre o discount sa serbisyo ng ospital and ating mga mamamayan at maging ang sarili mismong mga kawani nito? Dahil talaga bang ang matingkad na tunguhin ng pagpapatakbo ng ating ospital ay kita, kita at kumita pa rin?
Bilang isa sa mga abanteng organisasyon sa loob ng U.P. ang ating Unyon ay naninindigan na ang PGH, bilang Ospital ng Bayan ay itinatag upang magbigay ng laan at abot kayang serbisyong pangkalusugan at hindi maging behikulo sa pagpapasulpot ng mga dagdag kita na mamamayan din ang magpapasan. Hindi totoo na wala o kulang ang pondo ng gobyerno para tustusan ang pangangailangan ng mamamayan para sa mga panlipunang serbisyo katulad ng edukasyon at kalusugan. Tayong lahat ay saksi sa malawakan at bilyon-bilyong Pisong korupsiyon na kinasasangkutan hanggang ng mga sa kataas-taasang mga opisyal gobyerno na siyang umuubos sa kaban ng bayan, bukod pa sa pambayad utang na karamihan sa mga utang na ito ay sa bulso rin ng iilan pumupunta.
Kasama rin sa ating matagal ng kahilingan ay ang pagdaragdag ng badyet ng U.P. at PGH para mapunuan ang kakulangan sa bilang ng mga kawani, maibigay ang mga nararapat na mga benepisyo at upang makapaglingkod ng laan at abot-kayang serbisyong pangkalusugan sa ating mamamayan.
Sa totoo lang, sa ilalim ng pamunuan ng Administrasyong Alfiler, walang nadagdag na pondo ng PGH mula sa pambansang pamahalaan lalong-lalo ang sa MOOE (Maintenance, Operating and Other Expenses). Sa halip na igiit ang dagdag pondo, patong-patong na bayarin sa mga diagnostic exams at treatment procedures ang ipinapatupad na lalong nagpapahirap at siyang pumapatay sa ating mga pasyente.
ANG ATING MGA PANAWAGAN:
• Badyet ng Edukasyon at Kalusugan, Dagdagan!
• Joint Resolution No. 24 (Salary Standardization Law Part 3) – Anti-Health Workers, Mapanlinlang! Pondohan at Ipatupad ang mga Benepisyo ng mga Manggagawang Pangkalusugan, Huwag Tanggalin!
• Korporatisasyon/Privatization ng mga Pampublikong Ospital, Tutulan, Labanan!
• PGH – Ospital ng Bayan, Todo Serbisyo sa Mamamayan, Hindi Negosyo!
Sunday, March 22, 2009
Conflicting Findings of Facts: The Sentosa Nurses Cases
By Rico Foz*
“The State shall afford full protection to labor, local and overseas.”*
(Section 3, Art. XIII, Philippine Constitution)
The New York Supreme Court Appellate Division issued on January 13, 2009 its decision prohibiting the Suffolk County District Attorney from prosecuting the Avalon 10 nurses and their labor lawyer. It made findings of facts that conflicted with findings of facts made by Philippine government agencies in related cases. The Philippine agencies’ findings did not rule in favor of former Sentosa nurses. The New York court decision did. This discrepancy has led not a few from the Filipino-American community to ask: “Can we really expect the Philippine government to uphold the dignity and fundamental human rights of labor? Or shall we look instead to a foreign court to render justice to Filipino migrant workers?”
Background
Back in 2006, the former Sentosa nurses filed complaints against Sentosa Recruitment Agency (SRA), its Philippine-based recruiter, and its nursing home-principals for misrepresentation in the recruitment process and for contract-substitution. The nurses submitted to the Philippine Overseas Employment Administration (POEA) documentary as well as testimonial evidence to the effect that their recruiter had misrepresented to them the nature of their employment in the United States. They argued that their recruiter had represented that each nurse would be directly-hired by his or her respective contracting employer. The contracting employers were the various nursing home facilities accredited by the POEA as SRA’s principals. Each nurse and a particular nursing home-employer signed a three-year employment agreement. Upon the nurses’ arrival in the United States, they were not offered employment by their respective contracting employers. Instead, they found employment with Prompt Nursing Employment Agency, doing business as Sentosa Services. The nurses learned to their surprise that Francris Luyun, SRA’s proprietor, was himself working in New York as the international recruiter for Prompt/Sentosa Services. Prompt/Sentosa Services thereafter assigned the nurses to work at various nursing home facilities managed by Sentosa Care, LLC, a healthcare management company owned by Bent Philipson.
The nurses likewise filed money claims and constructive dismissal complaints against SRA’s principals before the National Labor Relations Commission (NLRC). They also filed illegal recruitment complaints before the Philippine Department of Justice (DOJ) against Luyun, SRA and its officers, and Philipson.
The POEA Decision
The POEA dismissed the complaints filed by the nurses in Elmer Jacinto et al. v. Sentosa Recruitment Agency et al., POEA Case No. RV-06-05-0713 and DAE-06-05-0551.
It found the following facts to have been allegedly “established by the records”:
1. “ Sentosa Recruitment Agency is a duly licensed recruitment agency of this Administration.
2. There is a Recruitment Agreement between Sentosa Recruitment Agency and Sentosa Care LLC.
3. Sentosa Care LLC has individual Special Power of Attorneys from each of its affiliates, authorizing Sentosa Care LLC to represent the affiliate in any transaction relative to the recruitment of Filipino workers, and all of it business operations.
4. Each of the affiliates, to which Sentosa Care LLC has individual Special Power of Attorney, are all identified and listed in the official website of the Sentosa Recruitment Agency and Sentosa Care LLC.
5. The notice/information as published in the official website of Sentosa Recruitment Agency is for the Filipino nurses to work in the biggest privately owned healthcare group in downstate New York – Sentosa Care Group – also referring to the Sentosa Care LLC.
6. Complainants were deployed with the Sentosa Care Group using EB-3 visas, obtained by Sentosa Recruitment Agency, totally at no cost to the complainants.”
The POEA ruled that “as to alleged misrepresentation relating to publication of false information, this Administration finds that no such false information was published in flyers or advertised in the websites that will constitute the alleged misrepresentation.” It reasoned that “Sentosa Care LLC as the managing company … entered into a Recruitment Agreement with Sentosa Recruitment Agency for and in behalf of each affiliated companies who in turn executed individual special power of attorneys in favor of Bent Philipson as Managing Partner and Chief Operating Officer of Sentosa Care LLC.”
The POEA found that “Sentosa Recruitment Agency is the local agency of the direct foreign principal which is the Sentosa Care LLC and its affiliated companies. It is not Prompt Nursing Employment Agency, Sentosa Services and Home Care Center, Inc. The fact that they receive their salaries from the aforementioned three entities does not make them their employers because the Sentosa Care Group is merely outsourcing the services of these entities for its payroll, purchasing and other administrative operations and all the facilities under respondent Sentosa Care closely coordinate with the outsourcing company on its operations.”
It ruled that “the fact that the complainants were made to work for a facility different from that appearing in their OECs and in their POEA approved contracts does not make for a case of misrepresentation. What is more important to consider is the fact that all the facilities from where they were made to work are all affiliated companies managed by Sentosa Care LLC and they are all duly registered with POEA as affiliates.”
It further ruled that “complainants failed to prove that because of their assignment to a healthcare facility different from that appearing in their DOLE approved contract there was diminution of their benefits and privileges.”
The NLRC Decision
The nurses’ money claims and constructive dismissal complaints were assigned to the Executive Labor Arbiter, who, on January 24, 2008, dismissed the complaints (Juliet Anilao et al. v. Sentosa Recruitment Agency et al., NLRC OFW Case Nos. (L) 06-05-01397-00 and (L) 06-12-03784-00).
The Executive Labor Arbiter made the following findings:
1. “…(E)xcept for the last batch of complainants, who gave two or four days notice, all other complainants tendered their respective resignations en mass, either before or after their respective shifts to take effect immediately. In short, there was no sufficient notice given to their employer.
2. Under the employment contracts, the employees, herein complainants, agree to be employed for three years. It is also stipulated that after three (3) years of employment, the employer and the employees agree to give each other two (2) weeks notice of intent before terminating their employment.
3. If, under their agreement for employment, the parties have agreed to give each others at least two (2) weeks notice of intent before terminating their employment after the three years expiration of their contract, with more reason that the complainants-employees should have given their employer sufficient time inorder to find their replacement inasmuch as the nurses pre-terminated their employment contracts.
4. Under art. 285 (a) of the Labor Code, as amended, it is necessary that service of notice of the termination or resignation letter to the employer must be made at least one (1) month in advance….Unfortunately, this was not observed by the complainants, thus constituting a clear violation of the aforequoted provision of the Labor Code. All told, complainants herein who tendered their voluntary resignation cannot claim that they were constructively dismissed.”
The DOJ Decision
Like the POEA and the NLRC, the Philippine DOJ, in Elmer Jacinto et al. v. Bent Philipson et al., I.S. Nos. 2006-472, summarily dismissed the illegal recruitment complaints. It found, thus:
“… (T)here was no substantive alteration in the employment contracts signed by the complainants to sustain findings of illegal recruitment against the respondents. It is clear that what happened was that respondents for one reason or another, failed to fully comply and fully implement the stipulations entered into by both parties. Respondents’ failure to fully comply with the stipulations in their contracts or the alleged breach of their contracts may warrant an action which is civil in nature, but definitely, not a criminal action.”
The NY Supreme Court Appellate Division’s Decision
The Appellate Division of the New York Supreme Court, in issuing the extraordinary writ of prohibition in the case of Matter of Vinluan v Doyle, __A.D.3d __, 2009 WL 93065 (2d. Dept. Jan. 13, 2009), made the following findings of facts:
1. The nurses “were recruited to work in the United States by the Sentosa Recruitment Agency, a Philippine-based company that hires nurses for several nursing care facilities in New York”.
2. “Each of the nurses signed an employment contract with the specific nursing homes for which they had been selected to work.”
3. “When the nurses arrived in the United States, they learned that they would be working for an employment agency instead of the specific nursing homes they had signed contracts with.”
4. “The nurses alleged that almost immediately, … issues arose concerning the terms of their employment, and the promises made to them in the Philippines were breached.”
5. “The nurses resigned from their employment either at the end of their shift, or in advance of their next shift, using an identical form letter which they had agreed upon together.”
6. “Following an investigation, on September 28, 2006, the Education Department closed the nurses’ cases, concluding that they had not committed professional misconduct because none of them had resigned in mid-shift, and no patients were deprived of nursing care since the facility was able to obtain appropriate coverage.”
7. “The prosecution has the practical effect of exposing the nurses to criminal penalty for exercising their right to leave their employment at will.”
POEA and NY Appellate Division’s Decisions
The POEA decision admits that the nurses individually signed employment agreements with accredited nursing home principals of SRA. It however concludes that the actual employer was Sentosa Care Group or Sentosa Care, LLC, the healthcare management company. The nursing employment agency (Prompt/Sentosa Services) was allegedly only a payroll company. That the nurses were made to work in facilities different from their contracting employers was inconsequential as their actual worksite-facilities were likewise facilities affiliated with Sentosa Care Group (or Sentosa Care, LLC).
The NY Court’s decision likewise found the nurses to have entered into employment agreements with specific nursing home facilities. It differs from the POEA decision in that it understands the non-provision by the contracting employers of employment to the contracted nurses as a “breach” of the employment agreements. It found Prompt/Sentosa Services as the at-will employer of the nurses. As at-will employees, the nurses had the right to resign at anytime, except in the middle of their work shifts. Prosecuting the nurses for exercising their right to resign as at-will employees impermissibly criminalizes their protected labor activity in violation of the 13th Amendment.
Critique on the POEA Decision
The POEA decision finds its fulcrum on the alleged findings of fact that there was a recruitment agreement between SRA and Sentosa Care, LLC, and that Sentosa Care, LLC has a special power of attorney from each of its affiliated nursing home facilities. The nurses’ lawyers claim that neither the recruitment agreement nor the special power of attorneys was submitted during the proceedings. The findings are simply not supported by the records of the case. Even assuming these findings to be grounded in reality, the fact remains that each nurse entered into an employment agreement with a nursing home facility-principal of SRA. The nurses did not sign up with Sentosa Care Group. Each one of them was induced to be recruited by SRA’s representation that each recruit would be directly-hired by his/her contracting employer. They were not informed that they would be working for Sentosa Care Group. In fact, Sentosa Care Group or Sentosa Care, LLC is not even an accredited principal of SRA.
POEA conveniently dismissed the nurses’ contention that Prompt/Sentosa Services was their actual employer, and not merely a payroll company. The decision did not bother to discuss the elements of employer-employee relationship. It ignored the voluminous documentary evidence submitted by the nurses proving their having been employed, not by a nursing home facility nor by Sentosa Care, LLC, but by Prompt Nursing Employment Agency/Sentosa Services.
The Role of Prompt Nursing Employment Agency
In its brazen attempt not to find employer-employee relationship between the nurses, on one hand, and Prompt or Sentosa Services, on the other hand, the POEA characterized Prompt/Sentosa Services’ role as merely that of a payroll company. Documentary evidence was however submitted by SRA itself that belied this finding. SRA submitted a copy of the Complaint filed by Sentosa’s Philipson in Nassau County Supreme Court entitled Sentosa Care, LLC et al. vs Anilao et al., Index No. 006079/06. Prompt Nursing Employment Agency is one of the named plaintiffs in this civil case. Pertinent paragraphs of the Complaint support the nurses’ contention that Prompt, in collusion with SRA, violated POEA rules and regulations on illegal recruitment.
Paragraphs 12, 16, 17, 18 and 19 of the Complaint state, thus:
“ x x x.
12. Prompt is a New York corporation with its principal place of business located at 204 Broadway, Brooklyn, NY 11211, engaged in the recruitment and placement of nurses and other healthcare workers with employers.
x x x.
16. Representatives of Prompt traveled to the Philippines and recruited the Nurses, many of whom had little or no experience working as nurses, to work at the Sentosa Facilities.
17. Among other things, Prompt financed the Nurses’ travel expenses to come to the United States, provided them with housing for two months at no cost, provided them with several weeks of orientation, training, financed the licensing process with the New York Department of Education and financed the immigration process to enable them to enter, work and remain in the United States.
18. Prompt informed the Nurses in advance that they would be expected to work --- initially at a reduced rate of compensation which would be increased from time to time.
19. Upon commencement of their employment, the Nurses were also given health care coverage, two weeks vacation and an extra week to study and prepare for licensing tests.
x x x.”
The judicial admissions by Prompt that it traveled to the Philippines and recruited nurses manifestly reveal its true role. As a “recruitment and placement” agency, it colluded with SRA, which was owned by its own employee/independent contractor Francris Luyun, to recruit Filipino nurses and assign them elsewhere, which in this case, would be the various Sentosa-afiliated facilities. Prompt was not merely a payroll company. It actually employed the recruited nurses whom it “placed” or assigned to work at the various Sentosa facilities.
At the outset, SRA and Luyun knew that the recruited nurses would not be working for the contracting nursing home-employers. SRA and Luyun knew that the nurses would be working for a nursing agency – Prompt/Sentosa Services. Luyun clearly misrepresented this fact to the detriment of the nurse-recruits.
Furthermore, by Prompt’s judicial admission, the POEA should have found that SRA and Prompt violated POEA rules and regulations concerning who can recruit in the Philippines. Prompt/Sentosa Services is neither a licensed recruitment agency in the Philippines nor an accredited principal of SRA. Why should it recruit or be allowed to recruit then in the Philippines? Prompt’s recruitment activities in the Philippines constituted a flagrant violation of Philippine recruitment rules and regulations.
NLRC and NY Appellate Division Decisions
Like the POEA decision, the NLRC decision did not bother to analyze whether or not Prompt/Sentosa Services was indeed the actual employer of the nurses. It unjustifiably presumed that the nursing home facilities that contracted with the nurses were the employers of the nurses. That was precisely the bone of contention. The nurses complained that they were not employed by the contracting nursing home facilities. They argued they were employed by Prompt/Sentosa Services. The Executive Labor Arbiter, however, did not analyze the documentary evidence submitted that proved the existence of employer-employee relationship between Prompt/Sentosa Services and the nurses. She ruled that the nurses were the ones who preterminated their employment agreements when they resigned from their jobs. She even went on to say that the nurses had the obligation to give at least one month notice of their intention to resign from their jobs.
The NY court decision, however, found that terms of the nurses’ employment contracts were breached. When the nurses found employment with the nursing employment agency, they entered into an “employment at will” relationship with the agency. The Appellate Division ruled that they had the right to resign anytime, so long as it was not in the middle of their shifts. Clearly, they had no obligation to give any notice at all, much more so a one-month notice. It must be emphasized that New York State is an “employment-at-will” state (http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm).
The DOJ and NY Court Decisions
The DOJ remarkably found that the contracting nursing home facilities “failed to fully comply and fully implement the stipulations entered” into with the nurses. Although it acknowledged the nurses may have a civil cause of action against their contracting employers, the DOJ ruled that the contracts were not substantially altered as to constitute the crime of illegal recruitment.
The Appellate Division did not discuss the issue of substantial alterations to the employment contracts. It did however find that terms of the employment contracts were “breached”.
When the POEA decided that SRA and its nursing home principals did not violate any POEA rule or regulation, the DOJ deemed it had no choice but to dismiss the illegal recruitment complaints. In so doing, the DOJ miserably failed to rise to the occasion by not finding that SRA misrepresented the nature of the nurses’ employment. SRA’s website and flyers that promised “direct-hire” employment and the employment contracts that stated which “specific nursing homes” as the nurses’ employers, when understood together, clearly represented that a recruited nurse would be directly hired by his/her contracting employer, not by a healthcare management company (Sentosa Care Group or Sentosa Care, LLC), nor by a third-party nursing employment agency (Prompt/Sentosa Services). Proof of the misrepresentation was the fact that the nurses were made agency nurses of Prompt/Sentosa Services. This misrepresentation alone would have been sufficient to find probable cause to accuse SRA and its officers with illegal recruitment.
POEA’s Review of Sentosa Contracts
Inquirer.net reported on January 20, 2009 that the new POEA Administrator, Jennifer Manalili, had reviewed Sentosa contracts after the New York Court came out with its decision in favor of the former Sentosa nurses. She opined that the “liquidated damages” provision of the employment contracts whereby a nurse would pay the employer $25,000 in damages if he/she preterminated the 3-year employment contract “did not seem illegal” and was “reasonable”.
Whether the “liquidated damages” provision was reasonable or not should not have been the issue the POEA Administrator concerned herself with. She should have instead looked at the “parties” of the employment contract and clarified who the “employer” is of a particular nurse. What does the contract say? Does it name “Sentosa Care Group” or “Sentosa Care, LLC” as the “employer” of the nurses? In addition to the “parties” of the employment contracts, the POEA Administrator should have reviewed the Administration’s files if a “Sentosa Care Group” or a “Sentosa Care, LLC” is indeed registered as an accredited principal of SRA.
Sentosa Care Group or Sentosa Care, LLC is not a party to any of the employment agreements signed by any of the nurses. It is likewise not an accredited principal of SRA. Why should Sentosa Care, LLC then be considered by the POEA as the “direct foreign principal” of SRA and the employer of the nurses?
Liquidated Damages or Penalty?
The employment agreements as prepared by SRA provided that the nurses would have to pay twenty five thousand dollars ($25,000) “as liquidated damages penalty” if they were to preterminate their 3-year agreement. If only to belabor the point, the contracting employers were the ones that breached the employment agreements when they did not afford the contracted nurses any employment at all. The nurses were the aggrieved parties to breached contracts. Thus, the aforementioned liquidated damages provision in the employment agreements would be a non-issue insofar as the nurses are concerned.
Furthermore, liquidated damages provisions in the state of New York are unenforceable if they provide for a “penalty” (Vernitron Corp. v CF 48 Associates, 478 N.Y.S.2d, 933, 934). That is precisely how the adhesion contracts prepared by SRA worded the provision – a “penalty”. A liquidated damages provision to be enforceable must provide for graduated damages based upon the degree of breach. Fixing the damages at $25,000 whether the breach occurred a few months after the start of the contract or a few months before the end of a 3-year contract exemplifies the nature of the provision as a penalty. It penalizes a breach in the same amount regardless of when the breach happened relative to the term of the contract. To be enforceable, liquidated damages provisions should set out a specific formula that would result in a reasonable approximation of harm suffered. They should not seek to penalize the breaching party. In the Sentosa contracts, the provision is clearly a penalty, and is therefore unenforceable.
Challenge to the Philippine Secretaries of Labor and of Justice
In light of the recent decision by the NY Appellate Division vis-à-vis the POEA, NLRC and DOJ decisions, we call upon the Philippine Secretary of Labor to reverse the POEA’s decision in Elmer Jacinto et al. v. Sentosa Recruitment Agency et al. The appeal has been sitting on the Secretary’s desk for quite some time now. It is about time to right a wrong. The Labor Secretary must likewise instruct the National Labor Relations Commission (NLRC) to review its findings in Juliet Anilao et al. v. Sentosa Recruitment Agency et al.
We also challenge the Philippine Secretary of Justice to motu propio initiate an investigation into the recruitment activities of SRA and its accredited principals. Not only does SRA misrepresent the nature of employment of its nurse-recruits. It has colluded with a non-licensee and a non-principal to engage in recruitment activities in the Philippines. SRA’s employment contracts with its nurses do not follow its approved model contract. The actual employment agreements that SRA require its recruits to sign do not contain the minimum provisions as mandated by Part V, Rule I, section 2, 2002 POEA Rules in relation to Memo Circular #26, series of 2003. Luyun, in collusion with Prompt/Sentosa Services and its accredited principals, has coerced workers to accept prejudicial arrangements in exchange for certain benefits that rightfully belong to the workers (Part VI, Rule I, section 2t, 2002 POEA Rules). Finally, SRA has deployed workers to principals not accredited by the Administration (Part VI, Rule1, section 2q, 2002 POEA Rules).
Or shall we expect the Philippine government agencies to remain inutile and not give true meaning to the constitutional mandate to afford full protection to labor? Must justice for Filipino migrant workers come from a foreign court? Pray, tell, the Philippine government can protect the interests of its citizens, especially those it calls the “new heroes of the nation”.
* The author is the Executive Vice President of the National Alliance for Filipino Concerns (NAFCON), a national, multi-issue alliance of Filipino organizations and individuals in the United States serving to protect the rights and welfare of Filipinos by fighting for social, economic, and racial justice and equality. He is also the Lead Campaign Convener of the “Justice for Sentosa 27++! Justice for all Filipino Migrant Workers!”
“The State shall afford full protection to labor, local and overseas.”*
(Section 3, Art. XIII, Philippine Constitution)
The New York Supreme Court Appellate Division issued on January 13, 2009 its decision prohibiting the Suffolk County District Attorney from prosecuting the Avalon 10 nurses and their labor lawyer. It made findings of facts that conflicted with findings of facts made by Philippine government agencies in related cases. The Philippine agencies’ findings did not rule in favor of former Sentosa nurses. The New York court decision did. This discrepancy has led not a few from the Filipino-American community to ask: “Can we really expect the Philippine government to uphold the dignity and fundamental human rights of labor? Or shall we look instead to a foreign court to render justice to Filipino migrant workers?”
Background
Back in 2006, the former Sentosa nurses filed complaints against Sentosa Recruitment Agency (SRA), its Philippine-based recruiter, and its nursing home-principals for misrepresentation in the recruitment process and for contract-substitution. The nurses submitted to the Philippine Overseas Employment Administration (POEA) documentary as well as testimonial evidence to the effect that their recruiter had misrepresented to them the nature of their employment in the United States. They argued that their recruiter had represented that each nurse would be directly-hired by his or her respective contracting employer. The contracting employers were the various nursing home facilities accredited by the POEA as SRA’s principals. Each nurse and a particular nursing home-employer signed a three-year employment agreement. Upon the nurses’ arrival in the United States, they were not offered employment by their respective contracting employers. Instead, they found employment with Prompt Nursing Employment Agency, doing business as Sentosa Services. The nurses learned to their surprise that Francris Luyun, SRA’s proprietor, was himself working in New York as the international recruiter for Prompt/Sentosa Services. Prompt/Sentosa Services thereafter assigned the nurses to work at various nursing home facilities managed by Sentosa Care, LLC, a healthcare management company owned by Bent Philipson.
The nurses likewise filed money claims and constructive dismissal complaints against SRA’s principals before the National Labor Relations Commission (NLRC). They also filed illegal recruitment complaints before the Philippine Department of Justice (DOJ) against Luyun, SRA and its officers, and Philipson.
The POEA Decision
The POEA dismissed the complaints filed by the nurses in Elmer Jacinto et al. v. Sentosa Recruitment Agency et al., POEA Case No. RV-06-05-0713 and DAE-06-05-0551.
It found the following facts to have been allegedly “established by the records”:
1. “ Sentosa Recruitment Agency is a duly licensed recruitment agency of this Administration.
2. There is a Recruitment Agreement between Sentosa Recruitment Agency and Sentosa Care LLC.
3. Sentosa Care LLC has individual Special Power of Attorneys from each of its affiliates, authorizing Sentosa Care LLC to represent the affiliate in any transaction relative to the recruitment of Filipino workers, and all of it business operations.
4. Each of the affiliates, to which Sentosa Care LLC has individual Special Power of Attorney, are all identified and listed in the official website of the Sentosa Recruitment Agency and Sentosa Care LLC.
5. The notice/information as published in the official website of Sentosa Recruitment Agency is for the Filipino nurses to work in the biggest privately owned healthcare group in downstate New York – Sentosa Care Group – also referring to the Sentosa Care LLC.
6. Complainants were deployed with the Sentosa Care Group using EB-3 visas, obtained by Sentosa Recruitment Agency, totally at no cost to the complainants.”
The POEA ruled that “as to alleged misrepresentation relating to publication of false information, this Administration finds that no such false information was published in flyers or advertised in the websites that will constitute the alleged misrepresentation.” It reasoned that “Sentosa Care LLC as the managing company … entered into a Recruitment Agreement with Sentosa Recruitment Agency for and in behalf of each affiliated companies who in turn executed individual special power of attorneys in favor of Bent Philipson as Managing Partner and Chief Operating Officer of Sentosa Care LLC.”
The POEA found that “Sentosa Recruitment Agency is the local agency of the direct foreign principal which is the Sentosa Care LLC and its affiliated companies. It is not Prompt Nursing Employment Agency, Sentosa Services and Home Care Center, Inc. The fact that they receive their salaries from the aforementioned three entities does not make them their employers because the Sentosa Care Group is merely outsourcing the services of these entities for its payroll, purchasing and other administrative operations and all the facilities under respondent Sentosa Care closely coordinate with the outsourcing company on its operations.”
It ruled that “the fact that the complainants were made to work for a facility different from that appearing in their OECs and in their POEA approved contracts does not make for a case of misrepresentation. What is more important to consider is the fact that all the facilities from where they were made to work are all affiliated companies managed by Sentosa Care LLC and they are all duly registered with POEA as affiliates.”
It further ruled that “complainants failed to prove that because of their assignment to a healthcare facility different from that appearing in their DOLE approved contract there was diminution of their benefits and privileges.”
The NLRC Decision
The nurses’ money claims and constructive dismissal complaints were assigned to the Executive Labor Arbiter, who, on January 24, 2008, dismissed the complaints (Juliet Anilao et al. v. Sentosa Recruitment Agency et al., NLRC OFW Case Nos. (L) 06-05-01397-00 and (L) 06-12-03784-00).
The Executive Labor Arbiter made the following findings:
1. “…(E)xcept for the last batch of complainants, who gave two or four days notice, all other complainants tendered their respective resignations en mass, either before or after their respective shifts to take effect immediately. In short, there was no sufficient notice given to their employer.
2. Under the employment contracts, the employees, herein complainants, agree to be employed for three years. It is also stipulated that after three (3) years of employment, the employer and the employees agree to give each other two (2) weeks notice of intent before terminating their employment.
3. If, under their agreement for employment, the parties have agreed to give each others at least two (2) weeks notice of intent before terminating their employment after the three years expiration of their contract, with more reason that the complainants-employees should have given their employer sufficient time inorder to find their replacement inasmuch as the nurses pre-terminated their employment contracts.
4. Under art. 285 (a) of the Labor Code, as amended, it is necessary that service of notice of the termination or resignation letter to the employer must be made at least one (1) month in advance….Unfortunately, this was not observed by the complainants, thus constituting a clear violation of the aforequoted provision of the Labor Code. All told, complainants herein who tendered their voluntary resignation cannot claim that they were constructively dismissed.”
The DOJ Decision
Like the POEA and the NLRC, the Philippine DOJ, in Elmer Jacinto et al. v. Bent Philipson et al., I.S. Nos. 2006-472, summarily dismissed the illegal recruitment complaints. It found, thus:
“… (T)here was no substantive alteration in the employment contracts signed by the complainants to sustain findings of illegal recruitment against the respondents. It is clear that what happened was that respondents for one reason or another, failed to fully comply and fully implement the stipulations entered into by both parties. Respondents’ failure to fully comply with the stipulations in their contracts or the alleged breach of their contracts may warrant an action which is civil in nature, but definitely, not a criminal action.”
The NY Supreme Court Appellate Division’s Decision
The Appellate Division of the New York Supreme Court, in issuing the extraordinary writ of prohibition in the case of Matter of Vinluan v Doyle, __A.D.3d __, 2009 WL 93065 (2d. Dept. Jan. 13, 2009), made the following findings of facts:
1. The nurses “were recruited to work in the United States by the Sentosa Recruitment Agency, a Philippine-based company that hires nurses for several nursing care facilities in New York”.
2. “Each of the nurses signed an employment contract with the specific nursing homes for which they had been selected to work.”
3. “When the nurses arrived in the United States, they learned that they would be working for an employment agency instead of the specific nursing homes they had signed contracts with.”
4. “The nurses alleged that almost immediately, … issues arose concerning the terms of their employment, and the promises made to them in the Philippines were breached.”
5. “The nurses resigned from their employment either at the end of their shift, or in advance of their next shift, using an identical form letter which they had agreed upon together.”
6. “Following an investigation, on September 28, 2006, the Education Department closed the nurses’ cases, concluding that they had not committed professional misconduct because none of them had resigned in mid-shift, and no patients were deprived of nursing care since the facility was able to obtain appropriate coverage.”
7. “The prosecution has the practical effect of exposing the nurses to criminal penalty for exercising their right to leave their employment at will.”
POEA and NY Appellate Division’s Decisions
The POEA decision admits that the nurses individually signed employment agreements with accredited nursing home principals of SRA. It however concludes that the actual employer was Sentosa Care Group or Sentosa Care, LLC, the healthcare management company. The nursing employment agency (Prompt/Sentosa Services) was allegedly only a payroll company. That the nurses were made to work in facilities different from their contracting employers was inconsequential as their actual worksite-facilities were likewise facilities affiliated with Sentosa Care Group (or Sentosa Care, LLC).
The NY Court’s decision likewise found the nurses to have entered into employment agreements with specific nursing home facilities. It differs from the POEA decision in that it understands the non-provision by the contracting employers of employment to the contracted nurses as a “breach” of the employment agreements. It found Prompt/Sentosa Services as the at-will employer of the nurses. As at-will employees, the nurses had the right to resign at anytime, except in the middle of their work shifts. Prosecuting the nurses for exercising their right to resign as at-will employees impermissibly criminalizes their protected labor activity in violation of the 13th Amendment.
Critique on the POEA Decision
The POEA decision finds its fulcrum on the alleged findings of fact that there was a recruitment agreement between SRA and Sentosa Care, LLC, and that Sentosa Care, LLC has a special power of attorney from each of its affiliated nursing home facilities. The nurses’ lawyers claim that neither the recruitment agreement nor the special power of attorneys was submitted during the proceedings. The findings are simply not supported by the records of the case. Even assuming these findings to be grounded in reality, the fact remains that each nurse entered into an employment agreement with a nursing home facility-principal of SRA. The nurses did not sign up with Sentosa Care Group. Each one of them was induced to be recruited by SRA’s representation that each recruit would be directly-hired by his/her contracting employer. They were not informed that they would be working for Sentosa Care Group. In fact, Sentosa Care Group or Sentosa Care, LLC is not even an accredited principal of SRA.
POEA conveniently dismissed the nurses’ contention that Prompt/Sentosa Services was their actual employer, and not merely a payroll company. The decision did not bother to discuss the elements of employer-employee relationship. It ignored the voluminous documentary evidence submitted by the nurses proving their having been employed, not by a nursing home facility nor by Sentosa Care, LLC, but by Prompt Nursing Employment Agency/Sentosa Services.
The Role of Prompt Nursing Employment Agency
In its brazen attempt not to find employer-employee relationship between the nurses, on one hand, and Prompt or Sentosa Services, on the other hand, the POEA characterized Prompt/Sentosa Services’ role as merely that of a payroll company. Documentary evidence was however submitted by SRA itself that belied this finding. SRA submitted a copy of the Complaint filed by Sentosa’s Philipson in Nassau County Supreme Court entitled Sentosa Care, LLC et al. vs Anilao et al., Index No. 006079/06. Prompt Nursing Employment Agency is one of the named plaintiffs in this civil case. Pertinent paragraphs of the Complaint support the nurses’ contention that Prompt, in collusion with SRA, violated POEA rules and regulations on illegal recruitment.
Paragraphs 12, 16, 17, 18 and 19 of the Complaint state, thus:
“ x x x.
12. Prompt is a New York corporation with its principal place of business located at 204 Broadway, Brooklyn, NY 11211, engaged in the recruitment and placement of nurses and other healthcare workers with employers.
x x x.
16. Representatives of Prompt traveled to the Philippines and recruited the Nurses, many of whom had little or no experience working as nurses, to work at the Sentosa Facilities.
17. Among other things, Prompt financed the Nurses’ travel expenses to come to the United States, provided them with housing for two months at no cost, provided them with several weeks of orientation, training, financed the licensing process with the New York Department of Education and financed the immigration process to enable them to enter, work and remain in the United States.
18. Prompt informed the Nurses in advance that they would be expected to work --- initially at a reduced rate of compensation which would be increased from time to time.
19. Upon commencement of their employment, the Nurses were also given health care coverage, two weeks vacation and an extra week to study and prepare for licensing tests.
x x x.”
The judicial admissions by Prompt that it traveled to the Philippines and recruited nurses manifestly reveal its true role. As a “recruitment and placement” agency, it colluded with SRA, which was owned by its own employee/independent contractor Francris Luyun, to recruit Filipino nurses and assign them elsewhere, which in this case, would be the various Sentosa-afiliated facilities. Prompt was not merely a payroll company. It actually employed the recruited nurses whom it “placed” or assigned to work at the various Sentosa facilities.
At the outset, SRA and Luyun knew that the recruited nurses would not be working for the contracting nursing home-employers. SRA and Luyun knew that the nurses would be working for a nursing agency – Prompt/Sentosa Services. Luyun clearly misrepresented this fact to the detriment of the nurse-recruits.
Furthermore, by Prompt’s judicial admission, the POEA should have found that SRA and Prompt violated POEA rules and regulations concerning who can recruit in the Philippines. Prompt/Sentosa Services is neither a licensed recruitment agency in the Philippines nor an accredited principal of SRA. Why should it recruit or be allowed to recruit then in the Philippines? Prompt’s recruitment activities in the Philippines constituted a flagrant violation of Philippine recruitment rules and regulations.
NLRC and NY Appellate Division Decisions
Like the POEA decision, the NLRC decision did not bother to analyze whether or not Prompt/Sentosa Services was indeed the actual employer of the nurses. It unjustifiably presumed that the nursing home facilities that contracted with the nurses were the employers of the nurses. That was precisely the bone of contention. The nurses complained that they were not employed by the contracting nursing home facilities. They argued they were employed by Prompt/Sentosa Services. The Executive Labor Arbiter, however, did not analyze the documentary evidence submitted that proved the existence of employer-employee relationship between Prompt/Sentosa Services and the nurses. She ruled that the nurses were the ones who preterminated their employment agreements when they resigned from their jobs. She even went on to say that the nurses had the obligation to give at least one month notice of their intention to resign from their jobs.
The NY court decision, however, found that terms of the nurses’ employment contracts were breached. When the nurses found employment with the nursing employment agency, they entered into an “employment at will” relationship with the agency. The Appellate Division ruled that they had the right to resign anytime, so long as it was not in the middle of their shifts. Clearly, they had no obligation to give any notice at all, much more so a one-month notice. It must be emphasized that New York State is an “employment-at-will” state (http://www.labor.state.ny.us/workerprotection/laborstandards/faq.shtm).
The DOJ and NY Court Decisions
The DOJ remarkably found that the contracting nursing home facilities “failed to fully comply and fully implement the stipulations entered” into with the nurses. Although it acknowledged the nurses may have a civil cause of action against their contracting employers, the DOJ ruled that the contracts were not substantially altered as to constitute the crime of illegal recruitment.
The Appellate Division did not discuss the issue of substantial alterations to the employment contracts. It did however find that terms of the employment contracts were “breached”.
When the POEA decided that SRA and its nursing home principals did not violate any POEA rule or regulation, the DOJ deemed it had no choice but to dismiss the illegal recruitment complaints. In so doing, the DOJ miserably failed to rise to the occasion by not finding that SRA misrepresented the nature of the nurses’ employment. SRA’s website and flyers that promised “direct-hire” employment and the employment contracts that stated which “specific nursing homes” as the nurses’ employers, when understood together, clearly represented that a recruited nurse would be directly hired by his/her contracting employer, not by a healthcare management company (Sentosa Care Group or Sentosa Care, LLC), nor by a third-party nursing employment agency (Prompt/Sentosa Services). Proof of the misrepresentation was the fact that the nurses were made agency nurses of Prompt/Sentosa Services. This misrepresentation alone would have been sufficient to find probable cause to accuse SRA and its officers with illegal recruitment.
POEA’s Review of Sentosa Contracts
Inquirer.net reported on January 20, 2009 that the new POEA Administrator, Jennifer Manalili, had reviewed Sentosa contracts after the New York Court came out with its decision in favor of the former Sentosa nurses. She opined that the “liquidated damages” provision of the employment contracts whereby a nurse would pay the employer $25,000 in damages if he/she preterminated the 3-year employment contract “did not seem illegal” and was “reasonable”.
Whether the “liquidated damages” provision was reasonable or not should not have been the issue the POEA Administrator concerned herself with. She should have instead looked at the “parties” of the employment contract and clarified who the “employer” is of a particular nurse. What does the contract say? Does it name “Sentosa Care Group” or “Sentosa Care, LLC” as the “employer” of the nurses? In addition to the “parties” of the employment contracts, the POEA Administrator should have reviewed the Administration’s files if a “Sentosa Care Group” or a “Sentosa Care, LLC” is indeed registered as an accredited principal of SRA.
Sentosa Care Group or Sentosa Care, LLC is not a party to any of the employment agreements signed by any of the nurses. It is likewise not an accredited principal of SRA. Why should Sentosa Care, LLC then be considered by the POEA as the “direct foreign principal” of SRA and the employer of the nurses?
Liquidated Damages or Penalty?
The employment agreements as prepared by SRA provided that the nurses would have to pay twenty five thousand dollars ($25,000) “as liquidated damages penalty” if they were to preterminate their 3-year agreement. If only to belabor the point, the contracting employers were the ones that breached the employment agreements when they did not afford the contracted nurses any employment at all. The nurses were the aggrieved parties to breached contracts. Thus, the aforementioned liquidated damages provision in the employment agreements would be a non-issue insofar as the nurses are concerned.
Furthermore, liquidated damages provisions in the state of New York are unenforceable if they provide for a “penalty” (Vernitron Corp. v CF 48 Associates, 478 N.Y.S.2d, 933, 934). That is precisely how the adhesion contracts prepared by SRA worded the provision – a “penalty”. A liquidated damages provision to be enforceable must provide for graduated damages based upon the degree of breach. Fixing the damages at $25,000 whether the breach occurred a few months after the start of the contract or a few months before the end of a 3-year contract exemplifies the nature of the provision as a penalty. It penalizes a breach in the same amount regardless of when the breach happened relative to the term of the contract. To be enforceable, liquidated damages provisions should set out a specific formula that would result in a reasonable approximation of harm suffered. They should not seek to penalize the breaching party. In the Sentosa contracts, the provision is clearly a penalty, and is therefore unenforceable.
Challenge to the Philippine Secretaries of Labor and of Justice
In light of the recent decision by the NY Appellate Division vis-à-vis the POEA, NLRC and DOJ decisions, we call upon the Philippine Secretary of Labor to reverse the POEA’s decision in Elmer Jacinto et al. v. Sentosa Recruitment Agency et al. The appeal has been sitting on the Secretary’s desk for quite some time now. It is about time to right a wrong. The Labor Secretary must likewise instruct the National Labor Relations Commission (NLRC) to review its findings in Juliet Anilao et al. v. Sentosa Recruitment Agency et al.
We also challenge the Philippine Secretary of Justice to motu propio initiate an investigation into the recruitment activities of SRA and its accredited principals. Not only does SRA misrepresent the nature of employment of its nurse-recruits. It has colluded with a non-licensee and a non-principal to engage in recruitment activities in the Philippines. SRA’s employment contracts with its nurses do not follow its approved model contract. The actual employment agreements that SRA require its recruits to sign do not contain the minimum provisions as mandated by Part V, Rule I, section 2, 2002 POEA Rules in relation to Memo Circular #26, series of 2003. Luyun, in collusion with Prompt/Sentosa Services and its accredited principals, has coerced workers to accept prejudicial arrangements in exchange for certain benefits that rightfully belong to the workers (Part VI, Rule I, section 2t, 2002 POEA Rules). Finally, SRA has deployed workers to principals not accredited by the Administration (Part VI, Rule1, section 2q, 2002 POEA Rules).
Or shall we expect the Philippine government agencies to remain inutile and not give true meaning to the constitutional mandate to afford full protection to labor? Must justice for Filipino migrant workers come from a foreign court? Pray, tell, the Philippine government can protect the interests of its citizens, especially those it calls the “new heroes of the nation”.
* The author is the Executive Vice President of the National Alliance for Filipino Concerns (NAFCON), a national, multi-issue alliance of Filipino organizations and individuals in the United States serving to protect the rights and welfare of Filipinos by fighting for social, economic, and racial justice and equality. He is also the Lead Campaign Convener of the “Justice for Sentosa 27++! Justice for all Filipino Migrant Workers!”
Saturday, March 21, 2009
The Bigger Picture
Streetwise
By Carol Pagaduan-Araullo
Business World
Vol. XXII, No. 163, Friday, March 20, 2009 | MANILA, PHILIPPINES
The headline of a widely circulated broadsheet screams, “Nicole recants, clears Smith”. For the first time, the face of the young Filipina raped by a US marine, who used the pseudonym Nicole to hide her real identity, is published in the front page with the caption “The Unveiling, Unmaking of Nicole”. The temptation to sensationalize the purported recantation; to accept it hook, line and sinker; and to thereafter condemn Nicole is so strong, many have succumbed to it.
Nicole is disparaged and scorned for either taking almost everyone, including a court of law, for a ride crying “Rape!” Or for changing her story and allowing herself to appear as the stereotypical slut and gold digger, out to hook an American soldier that the defense lawyers had tried to do during trial but failed.
Not a few are disappointed and disheartened. While they do not condemn her for caving in to tremendous pressure from all sides to give up the fight for justice, they secretly wish that she had been made of sterner stuff. At least, that she had some remaining sense of decency not to have reportedly flown off to the United States with a new-found American boyfriend, in order to pursue the foolhardy dream of the colonial-minded.
As for Smith’s lawyer, Atty. Jose Justiniano, what is important is not Nicole’s credibility nor reputation, nor the public’s affront at this distasteful turn of events, only that she has retracted critical parts of her earlier testimony, sufficient to jeopardize the legal victory she had attained in a lower court. The wily lawyer that he is, Mr. Justiniano knows that the defense has successfully thrown a monkey wrench into the overall equation, no matter that the predominant legal opinion is that Nicole’s latest affidavit is no better than a scrap of paper.
We leave it to the legal experts to explain why Nicole’s “recantation” is worthless going by the rules of court and the law on evidence applicable in this case. What must be exposed are the highly suspicious circumstances surrounding the execution of the affidavit that render it totally lacking in credibility despite the claims of the victim’s mother that Nicole signed it of her own free will and that it is not an out-of-court settlement.
Atty. Evalyn Ursua , Nicole’s dismissed lawyer, says that the affidavit has all the hallmarks of something the defense lawyers cooked up. For one it contains the line of defense used unsuccessfully by Smith at his trial. Moreover, going by what she knew about her client in the three years that she counseled her, Ms. Ursua says that the affidavit does not “sound” like Nicole at all. And why did it have to be one of the lawyers in the law firm that is defending Smith, to notarize the document? Nicole herself is conveniently unavailable to either corroborate or refute the contents of the affidavit.
Those who easily condemn Nicole forget what she has been up against in pursuing the rape case against US Marine Smith. They forget that Smith was fully backed by his government, the superpower USA. This is the same superpower that has ignored worldwide protests and has single-mindedly, as well as violently, imposed its imperial designs on sovereign countries. It is the same US government that has threatened sovereign states with economic sanctions to dissuade them from ratifying the Rome Statute. In so doing, US troops and civilian personnel are exempted from prosecution by the International Criminal Court for violations of human rights and international law.
Even worse, Nicole has had to contend with the Philippine government, her government, which has consistently been more concerned with not offending, but rather sucking up to, the US government, than defending its own citizen's rights.
Sec. Gonzales and his prosecutors have used the “recantation” to further assail the credibility of their own client, the person they are duty-bound to stand by considering that the criminal justice system from the police to the fiscals to the trial judge all found that the evidence presented proved Nicole to have been raped by Smith.
Recall how Sec. Gonzales badgered and threatened the fiscal in Olongapo and later, in Makati, with administrative sanctions when they stood their ground in finding that all four US servicemen who were at the scene of the crime be indicted. Recall how disparaging Mr. Gonzales was about Nicole.
See how the public prosecutors showed little understanding much less sympathy for the plight of Nicole then and now. Remember how Nicole’s mother then made public her disgust that the government prosecutors were pushing for an out-of-court settlement rather than a conviction.
In this light, Nicole's "retraction" is hardly worth considering. Nicole is clearly the victim twice-over: she was raped by US marine Smith and now she has somehow been duped to be a party to her own undoing by Smith’s lawyers with the collusion of the US and Philippine governments.
So what is the game plan here? First, the rape conviction. To have it overturned by the Court of Appeals by means of Nicole’s much-ballyhooed “recantation”, if not legally, then extra legally, by shaping the public’s and the justices’ opinion that there is now, at the minimum, doubt as to the guilt of Smith.
The fish is caught by the mouth. Sec. Ermita says that if Smith is set free then the issue of custody is rendered moot. The Arroyo regime will no longer have to engage in negotiations for custody and be subjected to the indignity of being ignored by the US government. He predicts that calls for abrogation of the VFA will loose steam.
Again, this regime and US foreign policymakers who have not changed gears despite US President Obama’s I-am-the-darling- of-the-American- people and I-am-the-friend- of-the-world’s peoples pose, grossly underestimate how the lesson in the Nicole rape case is getting hammered, little by little, into the Filipino people’s consciousness. That is, with the VFA, Filipinos are treated as second class citizens in their own country, no different from the victims of American soldiers’ abuse when the US bases were still around.
US Ambassador Kenney will do a song-and-dance number, kiss babies, hand over reward money to Abu Sayyaf bounty hunters and lecture the Philippines ever so sweetly about how democratic elections should take place in the grand tradition of the US of A. But she, as the principal representative of an overweening, aggressive Superpower out to corner the best business deals and the world’s resources, will deny Nicole and other Filipino victims of crimes perpetrated by the US armed forces their due justice.
Outrage as to how the Arroyo government sells out the country’s sovereignty and the people’s rights to a former colonizer, acting now as neocolonizer, will accumulate over time, to an extent and to a degree, much more than the outrage at the abuse inflicted on this unfortunate individual Filipino who goes by the name Nicole.#
By Carol Pagaduan-Araullo
Business World
Vol. XXII, No. 163, Friday, March 20, 2009 | MANILA, PHILIPPINES
The headline of a widely circulated broadsheet screams, “Nicole recants, clears Smith”. For the first time, the face of the young Filipina raped by a US marine, who used the pseudonym Nicole to hide her real identity, is published in the front page with the caption “The Unveiling, Unmaking of Nicole”. The temptation to sensationalize the purported recantation; to accept it hook, line and sinker; and to thereafter condemn Nicole is so strong, many have succumbed to it.
Nicole is disparaged and scorned for either taking almost everyone, including a court of law, for a ride crying “Rape!” Or for changing her story and allowing herself to appear as the stereotypical slut and gold digger, out to hook an American soldier that the defense lawyers had tried to do during trial but failed.
Not a few are disappointed and disheartened. While they do not condemn her for caving in to tremendous pressure from all sides to give up the fight for justice, they secretly wish that she had been made of sterner stuff. At least, that she had some remaining sense of decency not to have reportedly flown off to the United States with a new-found American boyfriend, in order to pursue the foolhardy dream of the colonial-minded.
As for Smith’s lawyer, Atty. Jose Justiniano, what is important is not Nicole’s credibility nor reputation, nor the public’s affront at this distasteful turn of events, only that she has retracted critical parts of her earlier testimony, sufficient to jeopardize the legal victory she had attained in a lower court. The wily lawyer that he is, Mr. Justiniano knows that the defense has successfully thrown a monkey wrench into the overall equation, no matter that the predominant legal opinion is that Nicole’s latest affidavit is no better than a scrap of paper.
We leave it to the legal experts to explain why Nicole’s “recantation” is worthless going by the rules of court and the law on evidence applicable in this case. What must be exposed are the highly suspicious circumstances surrounding the execution of the affidavit that render it totally lacking in credibility despite the claims of the victim’s mother that Nicole signed it of her own free will and that it is not an out-of-court settlement.
Atty. Evalyn Ursua , Nicole’s dismissed lawyer, says that the affidavit has all the hallmarks of something the defense lawyers cooked up. For one it contains the line of defense used unsuccessfully by Smith at his trial. Moreover, going by what she knew about her client in the three years that she counseled her, Ms. Ursua says that the affidavit does not “sound” like Nicole at all. And why did it have to be one of the lawyers in the law firm that is defending Smith, to notarize the document? Nicole herself is conveniently unavailable to either corroborate or refute the contents of the affidavit.
Those who easily condemn Nicole forget what she has been up against in pursuing the rape case against US Marine Smith. They forget that Smith was fully backed by his government, the superpower USA. This is the same superpower that has ignored worldwide protests and has single-mindedly, as well as violently, imposed its imperial designs on sovereign countries. It is the same US government that has threatened sovereign states with economic sanctions to dissuade them from ratifying the Rome Statute. In so doing, US troops and civilian personnel are exempted from prosecution by the International Criminal Court for violations of human rights and international law.
Even worse, Nicole has had to contend with the Philippine government, her government, which has consistently been more concerned with not offending, but rather sucking up to, the US government, than defending its own citizen's rights.
Sec. Gonzales and his prosecutors have used the “recantation” to further assail the credibility of their own client, the person they are duty-bound to stand by considering that the criminal justice system from the police to the fiscals to the trial judge all found that the evidence presented proved Nicole to have been raped by Smith.
Recall how Sec. Gonzales badgered and threatened the fiscal in Olongapo and later, in Makati, with administrative sanctions when they stood their ground in finding that all four US servicemen who were at the scene of the crime be indicted. Recall how disparaging Mr. Gonzales was about Nicole.
See how the public prosecutors showed little understanding much less sympathy for the plight of Nicole then and now. Remember how Nicole’s mother then made public her disgust that the government prosecutors were pushing for an out-of-court settlement rather than a conviction.
In this light, Nicole's "retraction" is hardly worth considering. Nicole is clearly the victim twice-over: she was raped by US marine Smith and now she has somehow been duped to be a party to her own undoing by Smith’s lawyers with the collusion of the US and Philippine governments.
So what is the game plan here? First, the rape conviction. To have it overturned by the Court of Appeals by means of Nicole’s much-ballyhooed “recantation”, if not legally, then extra legally, by shaping the public’s and the justices’ opinion that there is now, at the minimum, doubt as to the guilt of Smith.
The fish is caught by the mouth. Sec. Ermita says that if Smith is set free then the issue of custody is rendered moot. The Arroyo regime will no longer have to engage in negotiations for custody and be subjected to the indignity of being ignored by the US government. He predicts that calls for abrogation of the VFA will loose steam.
Again, this regime and US foreign policymakers who have not changed gears despite US President Obama’s I-am-the-darling- of-the-American- people and I-am-the-friend- of-the-world’s peoples pose, grossly underestimate how the lesson in the Nicole rape case is getting hammered, little by little, into the Filipino people’s consciousness. That is, with the VFA, Filipinos are treated as second class citizens in their own country, no different from the victims of American soldiers’ abuse when the US bases were still around.
US Ambassador Kenney will do a song-and-dance number, kiss babies, hand over reward money to Abu Sayyaf bounty hunters and lecture the Philippines ever so sweetly about how democratic elections should take place in the grand tradition of the US of A. But she, as the principal representative of an overweening, aggressive Superpower out to corner the best business deals and the world’s resources, will deny Nicole and other Filipino victims of crimes perpetrated by the US armed forces their due justice.
Outrage as to how the Arroyo government sells out the country’s sovereignty and the people’s rights to a former colonizer, acting now as neocolonizer, will accumulate over time, to an extent and to a degree, much more than the outrage at the abuse inflicted on this unfortunate individual Filipino who goes by the name Nicole.#
Friday, March 20, 2009
Nicole Did Not Fail Us. The Justice System Did
by: Rob Ty
Mar 18, '09 12:34 PM
Sen. Francis Pangilinan's words, not mine. But I completely agree with him.
Let's one thing straight: We are not the victims here. She is. We've never been raped. Never been exposed to an overblown media circus. Never been agitated in court. Never been harassed by reporters, lawyers and embassy men.
So when someone like Korina Sanchez announces on her AM radio station that Nicole is a disgrace to Filipino women everywhere (translated from tagalog), you can't help but shudder.
So this is justice, this is hate. It's no wonder she left the country.
We are not the victims here. Yet, we are the ones who cannot forgive. Here we are, sitting in our armchairs, waving our nation's flags, our gender's hopes, our nurtured concepts of justice.
But the thing is, we did nothing. We let people like Raul Gonzalez change the prosecutors of the case. We let people like NSA Norberto Gonzales change custody of Smith in the dead of the night. We let the US embassy exert pressure on Nicole by withdrawing her US VISA. We allowed countless women like Nicole to be gobbled up by the system, by the politics.
So who are we to judge? Who are we to cast the first stone?
Truth be told, we've already used her up. We got the conviction - which allowed us to question the VFA in the Supreme Court. We got the Supreme Court decision.
What more do we want? Maybe just more blood, sweat and tears.
What Can We Do?
Right now, if you really care for Nicole, you will support the drafting of a disbarment complaint against Daniel Smith's lawyer.
Why? At the time of the affidavit (March 12), Evalyn Ursua was still Nicole's lawyer. She was only fired last Monday (March 16). Smith's lawyer violated a cardinal rule of legal ethics by talking to Nicole behind her lawyer's back. Why is this unethical? The legal reason is that it undermines a fellow attorney's ability to handle her client's case. It's a form of disrespect for a colleague. The practical reason is to prevent people from being tricked since the best defense against the opposing lawyer, is your own lawyer.
In the case of Camacho v. Pangulayan, a UP law professor accused some lawyers of directly negotiating with his clients in order to obtain an amicable settlement. In effect, they ignored him even though he was the counsel on record. The Court agreed with the professor and said that the failure to inform opposing counsel is an inexcusable violation of the canons of professional ethics and in utter disregard of a duty owing to a colleague. The erring lawyer was suspended from the practice of law for three months.
Fast forward to the present: Smith's lawyer prepares a statement, has a junior associate (who, by the way, is a UP law graduate) notarize the document, and then asks Nicole to sign it as a condition for the release of her VISA and 100,000 pesos. All this WITHOUT EVER consulting her counsel on record.
If Nicole had a lawyer, she might still have signed the affidavit. But it would have never looked this bad. Take a look at paragraphs 6-10, which incorporate all the arguments the defense raised during trial. ALL OF THEM.
And then take a look at the last sentence of the affidavit: "I would rather risk public outrage than do nothing to help the court in ensuring that justice is served." The sentence brings a whole new low to the legal profession. I admit I am ashamed of what we have become.
Nicole left everything behind so she could start anew, and I don't blame her. Not one bit.
Mar 18, '09 12:34 PM
Sen. Francis Pangilinan's words, not mine. But I completely agree with him.
Let's one thing straight: We are not the victims here. She is. We've never been raped. Never been exposed to an overblown media circus. Never been agitated in court. Never been harassed by reporters, lawyers and embassy men.
So when someone like Korina Sanchez announces on her AM radio station that Nicole is a disgrace to Filipino women everywhere (translated from tagalog), you can't help but shudder.
So this is justice, this is hate. It's no wonder she left the country.
We are not the victims here. Yet, we are the ones who cannot forgive. Here we are, sitting in our armchairs, waving our nation's flags, our gender's hopes, our nurtured concepts of justice.
But the thing is, we did nothing. We let people like Raul Gonzalez change the prosecutors of the case. We let people like NSA Norberto Gonzales change custody of Smith in the dead of the night. We let the US embassy exert pressure on Nicole by withdrawing her US VISA. We allowed countless women like Nicole to be gobbled up by the system, by the politics.
So who are we to judge? Who are we to cast the first stone?
Truth be told, we've already used her up. We got the conviction - which allowed us to question the VFA in the Supreme Court. We got the Supreme Court decision.
What more do we want? Maybe just more blood, sweat and tears.
What Can We Do?
Right now, if you really care for Nicole, you will support the drafting of a disbarment complaint against Daniel Smith's lawyer.
Why? At the time of the affidavit (March 12), Evalyn Ursua was still Nicole's lawyer. She was only fired last Monday (March 16). Smith's lawyer violated a cardinal rule of legal ethics by talking to Nicole behind her lawyer's back. Why is this unethical? The legal reason is that it undermines a fellow attorney's ability to handle her client's case. It's a form of disrespect for a colleague. The practical reason is to prevent people from being tricked since the best defense against the opposing lawyer, is your own lawyer.
In the case of Camacho v. Pangulayan, a UP law professor accused some lawyers of directly negotiating with his clients in order to obtain an amicable settlement. In effect, they ignored him even though he was the counsel on record. The Court agreed with the professor and said that the failure to inform opposing counsel is an inexcusable violation of the canons of professional ethics and in utter disregard of a duty owing to a colleague. The erring lawyer was suspended from the practice of law for three months.
Fast forward to the present: Smith's lawyer prepares a statement, has a junior associate (who, by the way, is a UP law graduate) notarize the document, and then asks Nicole to sign it as a condition for the release of her VISA and 100,000 pesos. All this WITHOUT EVER consulting her counsel on record.
If Nicole had a lawyer, she might still have signed the affidavit. But it would have never looked this bad. Take a look at paragraphs 6-10, which incorporate all the arguments the defense raised during trial. ALL OF THEM.
And then take a look at the last sentence of the affidavit: "I would rather risk public outrage than do nothing to help the court in ensuring that justice is served." The sentence brings a whole new low to the legal profession. I admit I am ashamed of what we have become.
Nicole left everything behind so she could start anew, and I don't blame her. Not one bit.
Thursday, March 19, 2009
THE STRUGGLE CONTINUES FOR THE SENTOSA 27++ NURSES
News Release
March 18, 2009
Reference: Atty. Felix Vinluan, Justice for the Sentosa 27++ Campaign,
email: nafconusa@yahoo.com
Community Forum Pledges to Struggle for Complete Justice for Wronged Healthcare Workers
"It's time to up the ante...."
This was the sentiment posed by community supporters of the Sentosa 27++ Nurses who will be holding an important forum on the ongoing Justice for the Sentosa 27++ Nurses Campaign this Sunday, March 22nd, 2pm at Jing Fong Restaurant in Chinatown . Entitled "Up the Ante Towards Full Justice for the Sentosa 27++ and All Victims of Illegal Recruitment" the dinner event will feature highlights from the community campaign for the trafficked healthcare workers from the Philippines who came to the United States in 2006 under direct hire nursing contracts with SentosaCare LLC. But after tenets of the Sentosa contracts were not honored, the 26 nurses and a physical therapist fought back with the help of their lawyer, Felix Vinluan.
Sentosa's CEO Bent Philipson retaliated against 10 of the nurses who resigned from his Avalon Gardens Nursing home in Suffolk County , Long Island and Vinluan by filing criminal charges of so-called patient endangerment. In a historic court decision earlier this year, the criminal charges against the 10 Avalon Nurses and Vinluan were formally prohibited. This was after supporters, such as the Legal Aid Society, the National Employment Lawyers Association of New York, New York State Nurses Association (NYSNA), the American Nurses Association (ANA), SEIU 1199, and the Suffolk County Defenders Association filed their respective amicus briefs to support the Article 78 prohibition petition filed by lawyers James Druker and Oscar Michelen for the nurses and Vinluan.
"Justice has not been fully served. We still need to fight for the shutting down of SentosaCare LLC. The former Sentosa nurses represent millions of Filipino migrant workers who fall victim to illegal contractualization and other forms of human trafficking because contractors like SentosaCare LLC prey on their desire to escape joblessness and poverty in the Philippines . Every year, tens of thousands of Filipinos enter the US as healthworkers or teachers duped by fraudulent contracts signed in the Philippines ," states Rico Foz of the National Alliance for Filipino Concerns or NAFCON.
NAFCON, along with supporters from the Philippine Nurses Association of America (PNAA), NYSNA, Movement for a Free Philippines (MFP), formed the Justice for the Sentosa 27++ Campaign (J4S27), a grassroots community campaign in support of the nurses as early as 2006, at a time when the nurses plea for justice was largely shunned by others in the Filipino community. "Unfortunately, there were those who refused to offer help to the nurses back then that are only speaking out now in support because of the Avalon 11's recent victory against criminalization," Foz added.
In 2007, the Justice for the Sentosa 27++ Campaign marched as one large contingent down Madison Avenue during the annual Philippine Independence Day Parade in New York City after holding several community forums at the NAFCON office in Queens . NAFCON, PNAA and NYSNA members also held outdoor demonstrations in the freezing cold winter of 2007 outside the Suffolk County Courthouse during the hearings on the Avalon 11's case. Congressional hearings were held in Manila through the J4S27's campaign's Philippine-based partners investigating the Sentosa Recruitment Agency, the agency who contracted the nurses from the Philippines to work at Sentosa-owned facilities in New York State . A campaign website was generated with a petition calling for six basic demands, which include the dropping of all civil and criminal charges against the nurses and shutting down of SentosaCare LLC. "For as long as all six demands have not been met, we will continue to up the ante on this important struggle for justice," Foz ended.
Jing Fong Restaurant is located at 18 Elizabeth Street , between Canal and Bayard Streets in Chinatown . The Justice for the Sentosa 27++ Campaign site can be accessed at www.s27plus.com. ###
March 18, 2009
Reference: Atty. Felix Vinluan, Justice for the Sentosa 27++ Campaign,
email: nafconusa@yahoo.com
Community Forum Pledges to Struggle for Complete Justice for Wronged Healthcare Workers
"It's time to up the ante...."
This was the sentiment posed by community supporters of the Sentosa 27++ Nurses who will be holding an important forum on the ongoing Justice for the Sentosa 27++ Nurses Campaign this Sunday, March 22nd, 2pm at Jing Fong Restaurant in Chinatown . Entitled "Up the Ante Towards Full Justice for the Sentosa 27++ and All Victims of Illegal Recruitment" the dinner event will feature highlights from the community campaign for the trafficked healthcare workers from the Philippines who came to the United States in 2006 under direct hire nursing contracts with SentosaCare LLC. But after tenets of the Sentosa contracts were not honored, the 26 nurses and a physical therapist fought back with the help of their lawyer, Felix Vinluan.
Sentosa's CEO Bent Philipson retaliated against 10 of the nurses who resigned from his Avalon Gardens Nursing home in Suffolk County , Long Island and Vinluan by filing criminal charges of so-called patient endangerment. In a historic court decision earlier this year, the criminal charges against the 10 Avalon Nurses and Vinluan were formally prohibited. This was after supporters, such as the Legal Aid Society, the National Employment Lawyers Association of New York, New York State Nurses Association (NYSNA), the American Nurses Association (ANA), SEIU 1199, and the Suffolk County Defenders Association filed their respective amicus briefs to support the Article 78 prohibition petition filed by lawyers James Druker and Oscar Michelen for the nurses and Vinluan.
"Justice has not been fully served. We still need to fight for the shutting down of SentosaCare LLC. The former Sentosa nurses represent millions of Filipino migrant workers who fall victim to illegal contractualization and other forms of human trafficking because contractors like SentosaCare LLC prey on their desire to escape joblessness and poverty in the Philippines . Every year, tens of thousands of Filipinos enter the US as healthworkers or teachers duped by fraudulent contracts signed in the Philippines ," states Rico Foz of the National Alliance for Filipino Concerns or NAFCON.
NAFCON, along with supporters from the Philippine Nurses Association of America (PNAA), NYSNA, Movement for a Free Philippines (MFP), formed the Justice for the Sentosa 27++ Campaign (J4S27), a grassroots community campaign in support of the nurses as early as 2006, at a time when the nurses plea for justice was largely shunned by others in the Filipino community. "Unfortunately, there were those who refused to offer help to the nurses back then that are only speaking out now in support because of the Avalon 11's recent victory against criminalization," Foz added.
In 2007, the Justice for the Sentosa 27++ Campaign marched as one large contingent down Madison Avenue during the annual Philippine Independence Day Parade in New York City after holding several community forums at the NAFCON office in Queens . NAFCON, PNAA and NYSNA members also held outdoor demonstrations in the freezing cold winter of 2007 outside the Suffolk County Courthouse during the hearings on the Avalon 11's case. Congressional hearings were held in Manila through the J4S27's campaign's Philippine-based partners investigating the Sentosa Recruitment Agency, the agency who contracted the nurses from the Philippines to work at Sentosa-owned facilities in New York State . A campaign website was generated with a petition calling for six basic demands, which include the dropping of all civil and criminal charges against the nurses and shutting down of SentosaCare LLC. "For as long as all six demands have not been met, we will continue to up the ante on this important struggle for justice," Foz ended.
Jing Fong Restaurant is located at 18 Elizabeth Street , between Canal and Bayard Streets in Chinatown . The Justice for the Sentosa 27++ Campaign site can be accessed at www.s27plus.com. ###
Wednesday, March 18, 2009
Leftist Victory in El Salvador Closes an Historic Cycle
by: Marc Cooper
The Huffington Post
Special Correspondent, frmr Editorial Director of OffTheBus
Posted March 16, 2009 | 09:08 AM (EST)
The apparent victory of leftist candidate Maurico Funes in Sunday's presidential election in El Salvador finally closes out the Cold War in Central America and raises some serious questions about the long term goals of U.S. foreign policy.
With Funes' election, history has come full cycle. Both El Salvador and neighboring Nicaragua will now be governed by two former guerrilla fronts against which the Reagan administration spared no efforts in trying to defeat during the entire course of the 1980's. We will now coexist with those we once branded as the greatest of threats to our national security. Those we branded as "international terrorists" now democratically govern much of Central America.
Funes, once a commentator for CNN's Spanish-language service, comes to power representing the Farabundo Marti National Liberation Front (FMLN), a Marxist guerrilla group-turned-political -party, an organization that the U.S. government once described in terms now reserved for Al Qaeda and Hizbollah.
From the late 1970's until a negotiated peace settlement in 1992, the FMLN fought a bloody civil war against a series of U.S.-backed right-wing regimes. Those Salvadoran regimes engaged in horrific massacres and deployed savage death squads, taking a massive human toll. While the FMLN also perpetrated atrocities, all independent analysts agree that the overwhelming majority of the 75,000 who were killed in the war in El Salvador were victims of government-sponsored violence.
This same FMLN which now comes to power in El Salvador was once declared as the primary perpetrator of "international terrorism" by the Reagan administration who deployed hundreds of U.S. military advisors to the tiny Central American country and who quadrupled the size of the Salvadoran Army. In this all-out quest to crush the FLMN, U.S. authorities, at best, turned a blind eye to the bloody excesses of the Salvadoran regime. At worst, it encouraged them.
At the same time in history, the U.S. spent billions creating a "contra" army to destabilize and dislodge the leftist Sandinista National Liberation Front (FSLN) which had taken power in Nicaragua in 1979, overthrowing the dynastic and dictatorial rule of the Somoza family - another U.S.-backed ally.
During the entire eight years of the Reagan era, defeating both the FMLN and the FSLN were the absolute top priorities of U.S. foreign policy as the administration argued that the Texas border was a short hop from the fields of Central America and that all must be done to stop the northward march of hemispheric revolution. The sort of inflammatory rhetoric used to describe the Central American guerrilla movements was an eerie precedent for the overheated war of words against "The Axis of Evil" that would emerge earlier this decade.
The Nicaraguan Sandinistas were eventually defeated by an American-backed opposition in elections in 1990 and democratically and peacefully transferred power (something the Reaganites claimed could never happen). But the Sandinistas returned to power last year re-electing its historic leader Daniel Ortega as president. Almost twenty years of rule from the pro-U.S. coalitions that had succeeded the Sandinistas had failed to implement any meaningful social change.
The Salvadoran FMLN, meanwhile, which has acted as a parliamentary opposition party since the 1992 Salvadoran peace accords, now comes to power ending twenty years of uninterrupted rule by the country's ultra-conservative ARENA party - a political organization born directly from the death squads of the 1980's and, yes, a close ally of the U.S.
All of this raises the question of why so many lives were spent and so many billions in U.S. dollars were burned in an attempt to expunge these leftist forces twenty years ago? Wouldn't it have been possible in 1989 to find some sort of accommodation with these radical forces and not postpone the inevitable for twenty years?
In the case of Nicaragua, the year-old reborn and duly elected Sandinista administration--while far from a model of democratic ethics-- hardly poses any threat to U.S. interests. Though President Ortega, saddled with governing one of the poorest countries in the hemisphere, still clothes his actions in revolutionary rhetoric, he has headed up what many think is essentially a conservative regime which recently outlawed all abortion (a move that could warm the deceased Ronald Reagan's heart). Ortega campaigned successfully for the presidency last year by quoting from scripture and has not flinched from pacting with the most conservative of political elements.
In the case of El Salvador, President-elect Funes has pledged to maintain close and cordial relations with the U.S. And while the FMLN--like the Sandinistas - clings to some of its Cold War revolutionary rhetoric, no one expects any radical moves by the incoming government. Fighting widespread poverty aggravated by the global slump and a chilling crime wave, the FMLN will have its hands full just keeping the government on keel. President-elect Funes holds distinctly moderate views and in an American context would be little more than a liberal Democrat. In any case, the FMLN can point to its recent governance of several Salvadoran cities (including until recently the capital of San Salvador) as its democratic bona fides.
The resurrection of the FMLN and the FSLN at this time in history raises a troubling irony regarding U.S. foreign policy. Yesterday we were told they were our greatest enemies. Today, now in power, they hardly garner any U.S. press coverage, let alone much attention from Washington. Likewise, the right-wing forces we bankrolled with blood and treasure and who we were told were a bulwark of Western Civilization, utterly failed in solving the basic existential questions that bedeviled their respective countries. Twenty years from now, we have to ask, what will Iraq, Afghanistan and Syria look like? Might we find ourselves peacefully co-existing with the same undefeated forces who today we proclaim our mortal enemies? Might we be better off using our soft power, our economic and diplomatic clout to force negotiation and moderation with those we perceive as irrational and radical enemies? Or do we only reach that conclusion after the dissipation of prolonged, bloody and ultimately unsuccessful armed intervention and war?
The Huffington Post
Special Correspondent, frmr Editorial Director of OffTheBus
Posted March 16, 2009 | 09:08 AM (EST)
The apparent victory of leftist candidate Maurico Funes in Sunday's presidential election in El Salvador finally closes out the Cold War in Central America and raises some serious questions about the long term goals of U.S. foreign policy.
With Funes' election, history has come full cycle. Both El Salvador and neighboring Nicaragua will now be governed by two former guerrilla fronts against which the Reagan administration spared no efforts in trying to defeat during the entire course of the 1980's. We will now coexist with those we once branded as the greatest of threats to our national security. Those we branded as "international terrorists" now democratically govern much of Central America.
Funes, once a commentator for CNN's Spanish-language service, comes to power representing the Farabundo Marti National Liberation Front (FMLN), a Marxist guerrilla group-turned-political -party, an organization that the U.S. government once described in terms now reserved for Al Qaeda and Hizbollah.
From the late 1970's until a negotiated peace settlement in 1992, the FMLN fought a bloody civil war against a series of U.S.-backed right-wing regimes. Those Salvadoran regimes engaged in horrific massacres and deployed savage death squads, taking a massive human toll. While the FMLN also perpetrated atrocities, all independent analysts agree that the overwhelming majority of the 75,000 who were killed in the war in El Salvador were victims of government-sponsored violence.
This same FMLN which now comes to power in El Salvador was once declared as the primary perpetrator of "international terrorism" by the Reagan administration who deployed hundreds of U.S. military advisors to the tiny Central American country and who quadrupled the size of the Salvadoran Army. In this all-out quest to crush the FLMN, U.S. authorities, at best, turned a blind eye to the bloody excesses of the Salvadoran regime. At worst, it encouraged them.
At the same time in history, the U.S. spent billions creating a "contra" army to destabilize and dislodge the leftist Sandinista National Liberation Front (FSLN) which had taken power in Nicaragua in 1979, overthrowing the dynastic and dictatorial rule of the Somoza family - another U.S.-backed ally.
During the entire eight years of the Reagan era, defeating both the FMLN and the FSLN were the absolute top priorities of U.S. foreign policy as the administration argued that the Texas border was a short hop from the fields of Central America and that all must be done to stop the northward march of hemispheric revolution. The sort of inflammatory rhetoric used to describe the Central American guerrilla movements was an eerie precedent for the overheated war of words against "The Axis of Evil" that would emerge earlier this decade.
The Nicaraguan Sandinistas were eventually defeated by an American-backed opposition in elections in 1990 and democratically and peacefully transferred power (something the Reaganites claimed could never happen). But the Sandinistas returned to power last year re-electing its historic leader Daniel Ortega as president. Almost twenty years of rule from the pro-U.S. coalitions that had succeeded the Sandinistas had failed to implement any meaningful social change.
The Salvadoran FMLN, meanwhile, which has acted as a parliamentary opposition party since the 1992 Salvadoran peace accords, now comes to power ending twenty years of uninterrupted rule by the country's ultra-conservative ARENA party - a political organization born directly from the death squads of the 1980's and, yes, a close ally of the U.S.
All of this raises the question of why so many lives were spent and so many billions in U.S. dollars were burned in an attempt to expunge these leftist forces twenty years ago? Wouldn't it have been possible in 1989 to find some sort of accommodation with these radical forces and not postpone the inevitable for twenty years?
In the case of Nicaragua, the year-old reborn and duly elected Sandinista administration--while far from a model of democratic ethics-- hardly poses any threat to U.S. interests. Though President Ortega, saddled with governing one of the poorest countries in the hemisphere, still clothes his actions in revolutionary rhetoric, he has headed up what many think is essentially a conservative regime which recently outlawed all abortion (a move that could warm the deceased Ronald Reagan's heart). Ortega campaigned successfully for the presidency last year by quoting from scripture and has not flinched from pacting with the most conservative of political elements.
In the case of El Salvador, President-elect Funes has pledged to maintain close and cordial relations with the U.S. And while the FMLN--like the Sandinistas - clings to some of its Cold War revolutionary rhetoric, no one expects any radical moves by the incoming government. Fighting widespread poverty aggravated by the global slump and a chilling crime wave, the FMLN will have its hands full just keeping the government on keel. President-elect Funes holds distinctly moderate views and in an American context would be little more than a liberal Democrat. In any case, the FMLN can point to its recent governance of several Salvadoran cities (including until recently the capital of San Salvador) as its democratic bona fides.
The resurrection of the FMLN and the FSLN at this time in history raises a troubling irony regarding U.S. foreign policy. Yesterday we were told they were our greatest enemies. Today, now in power, they hardly garner any U.S. press coverage, let alone much attention from Washington. Likewise, the right-wing forces we bankrolled with blood and treasure and who we were told were a bulwark of Western Civilization, utterly failed in solving the basic existential questions that bedeviled their respective countries. Twenty years from now, we have to ask, what will Iraq, Afghanistan and Syria look like? Might we find ourselves peacefully co-existing with the same undefeated forces who today we proclaim our mortal enemies? Might we be better off using our soft power, our economic and diplomatic clout to force negotiation and moderation with those we perceive as irrational and radical enemies? Or do we only reach that conclusion after the dissipation of prolonged, bloody and ultimately unsuccessful armed intervention and war?
Sunday, December 28, 2008
'Daddy O' brings parenting into politics
By: Andie Coller
The Politico, December 27, 2008 07:37 PM EST
Just call him Daddy O.
Most leaders’ playbooks take at least a page or two from “The Art of War,” but President-elect Obama’s rhetoric seems to be torn from very different kind of text: the modern parenting manual.
The “change we can believe in,” it turns out, shares a lot with the revolution in thinking about child-rearing sprung from the work of Austrian psychologist Alfred Adler, which centers on principles such as mutual respect — or what the president-elect has called “the presumption of good faith” — fostering independence (“Team of Rivals,” anyone?), and encouragement (“Yes we can!”).
This passage from Obama’s victory speech, for example, is a family meeting waiting to happen, complete with attempts to acknowledge his own limits, make room for dissent, make sure the listeners feel heard, and stress the importance of everyone’s contribution:
“There are many who won’t agree with every decision or policy I make as president, and we know that government can’t solve every problem. But I will always be honest with you about the challenges we face. I will listen to you, especially when we disagree. And above all, I will ask you join in the work of remaking this nation the only way it’s been done in America for two-hundred and twenty-one years — block by block, brick by brick, calloused hand by calloused hand.”
These and other progressive parenting principles are reflected not only in Obama’s rhetoric, but also in his approach to leadership — an approach that already seems to be rubbing off.
Sen. Claire McCaskill (D-Mo.), for instance, recently called Senate Democrats’ decision not to strip Sen. Joe Lieberman of his chairmanship a “direct result of the tone [Obama] set.”
“The old school was that you reward your friends and punish your enemies,” she said. “But it’s a new day, and there is no reward and punishment going on.”
No rewards or punishments? Alfie Kohn, whose book “Unconditional Parenting” is subtitled “Moving from Rewards and Punishments to Love and Reason” approves:
“The most respectful — and effective — approach to parenting consists of working WITH children rather than doing things TO them,” he says. ‘Working with’ parents talk less and listen more. They regularly try to imagine how the world looks from the child's point of view. They bring kids into the process of decision-making whenever possible. ‘Doing to’ parents, on the other hand, impose their will and use some combination of rewards and punishments in an attempt to elicit obedience.”
Kohn says a “working with” approach in the political realm is “essentially more democratic” — particularly if it offers real choices, and not just the illusion of them.
A progressive parenting approach also means taking responsibility for your own role in a conflict, says Jane Nelsen, author of the classic child-rearing handbook “Positive Discipline.” She compares Obama’s vow to end the “partisan bickering” in Washington or his determination to use diplomacy as a primary tool in international relations to the efforts of parents who want to break out of power struggles or revenge cycles with their kids: “In order to stop them, someone has to recognize what it is, and say, ‘I can even see what my part has been in the power struggle,’ and find solutions that work for everyone.”
It would be easy to bash Obama’s enlightened-father philosophy as an insulting new extension of the nanny state, but the truth is that the exercise of power in any form shares a lot in common with the parent-child relationship.
As President Bush’s former chief of staff Andy Card said of his boss during the 2004 Republican National Convention: “This president sees America as we think about a 10-year-old child.”
Bush’s rhetorical model, however, is typically more “Father Knows Best” than T. Berry Brazelton.
Consider these words from the 43rd president, back when he was keeping his secretary of defense:
"I hear the voices, and I read the front page, and I know the speculation. But I’m the decider, and I decide what is best. And what's best is for Don Rumsfeld to remain as the secretary of defense."
His choice of words suggests a more no-nonsense, SuperNanny-style approach to his job (“It’s in their nature to test the boundaries and it’s up to you to make sure they don’t cross the line”) that also has its proponents: Bush’s tough, take-no-guff rhetoric led many, including former British Prime Minister Tony Blair, to praise him as a “strong leader” during a time of war.
But progressive parenting experts argue that the “love and reason” approach to leadership is not only more respectful — it might also turn out to be more effective.
According to Kohn, children who feel listened to, respected and understood, and who are allowed to take real responsibility and develop internal motivation, tend to care more and work harder than those who are rewarded for their achievements.
On the other hand, says Nelsen, while rewards and punishments may work in the short term, in the long run children who are raised to respond to them rather become either “praise junkies” or “rebels.”
As Kohn puts it in “Unconditional Parenting”: “One reason that a heavy-handed, do-what-I-say approach tends not to work very well is that, in the final analysis, we really CAN’T control our kids — at least not in the ways that matter. ... It’s simply impossible to force a child to go to sleep, or stop crying, or listen or respect us. These are the issues that are most trying to parents precisely because it’s here that we run up against the inherent limits of what one human being can compel another human being to do.”
“Sadly, though, that doesn’t stop us from trying newer, cleverer, or more forceful strategies to get kids to comply. And when these techniques fail, that’s often taken as evidence that what’s needed is ... more of the same.”
More of the same? There’s one phrase that’s definitely not in the new top pop’s vocabulary.
© 2008 Capitol News Company, LLC
The Politico, December 27, 2008 07:37 PM EST
Just call him Daddy O.
Most leaders’ playbooks take at least a page or two from “The Art of War,” but President-elect Obama’s rhetoric seems to be torn from very different kind of text: the modern parenting manual.
The “change we can believe in,” it turns out, shares a lot with the revolution in thinking about child-rearing sprung from the work of Austrian psychologist Alfred Adler, which centers on principles such as mutual respect — or what the president-elect has called “the presumption of good faith” — fostering independence (“Team of Rivals,” anyone?), and encouragement (“Yes we can!”).
This passage from Obama’s victory speech, for example, is a family meeting waiting to happen, complete with attempts to acknowledge his own limits, make room for dissent, make sure the listeners feel heard, and stress the importance of everyone’s contribution:
“There are many who won’t agree with every decision or policy I make as president, and we know that government can’t solve every problem. But I will always be honest with you about the challenges we face. I will listen to you, especially when we disagree. And above all, I will ask you join in the work of remaking this nation the only way it’s been done in America for two-hundred and twenty-one years — block by block, brick by brick, calloused hand by calloused hand.”
These and other progressive parenting principles are reflected not only in Obama’s rhetoric, but also in his approach to leadership — an approach that already seems to be rubbing off.
Sen. Claire McCaskill (D-Mo.), for instance, recently called Senate Democrats’ decision not to strip Sen. Joe Lieberman of his chairmanship a “direct result of the tone [Obama] set.”
“The old school was that you reward your friends and punish your enemies,” she said. “But it’s a new day, and there is no reward and punishment going on.”
No rewards or punishments? Alfie Kohn, whose book “Unconditional Parenting” is subtitled “Moving from Rewards and Punishments to Love and Reason” approves:
“The most respectful — and effective — approach to parenting consists of working WITH children rather than doing things TO them,” he says. ‘Working with’ parents talk less and listen more. They regularly try to imagine how the world looks from the child's point of view. They bring kids into the process of decision-making whenever possible. ‘Doing to’ parents, on the other hand, impose their will and use some combination of rewards and punishments in an attempt to elicit obedience.”
Kohn says a “working with” approach in the political realm is “essentially more democratic” — particularly if it offers real choices, and not just the illusion of them.
A progressive parenting approach also means taking responsibility for your own role in a conflict, says Jane Nelsen, author of the classic child-rearing handbook “Positive Discipline.” She compares Obama’s vow to end the “partisan bickering” in Washington or his determination to use diplomacy as a primary tool in international relations to the efforts of parents who want to break out of power struggles or revenge cycles with their kids: “In order to stop them, someone has to recognize what it is, and say, ‘I can even see what my part has been in the power struggle,’ and find solutions that work for everyone.”
It would be easy to bash Obama’s enlightened-father philosophy as an insulting new extension of the nanny state, but the truth is that the exercise of power in any form shares a lot in common with the parent-child relationship.
As President Bush’s former chief of staff Andy Card said of his boss during the 2004 Republican National Convention: “This president sees America as we think about a 10-year-old child.”
Bush’s rhetorical model, however, is typically more “Father Knows Best” than T. Berry Brazelton.
Consider these words from the 43rd president, back when he was keeping his secretary of defense:
"I hear the voices, and I read the front page, and I know the speculation. But I’m the decider, and I decide what is best. And what's best is for Don Rumsfeld to remain as the secretary of defense."
His choice of words suggests a more no-nonsense, SuperNanny-style approach to his job (“It’s in their nature to test the boundaries and it’s up to you to make sure they don’t cross the line”) that also has its proponents: Bush’s tough, take-no-guff rhetoric led many, including former British Prime Minister Tony Blair, to praise him as a “strong leader” during a time of war.
But progressive parenting experts argue that the “love and reason” approach to leadership is not only more respectful — it might also turn out to be more effective.
According to Kohn, children who feel listened to, respected and understood, and who are allowed to take real responsibility and develop internal motivation, tend to care more and work harder than those who are rewarded for their achievements.
On the other hand, says Nelsen, while rewards and punishments may work in the short term, in the long run children who are raised to respond to them rather become either “praise junkies” or “rebels.”
As Kohn puts it in “Unconditional Parenting”: “One reason that a heavy-handed, do-what-I-say approach tends not to work very well is that, in the final analysis, we really CAN’T control our kids — at least not in the ways that matter. ... It’s simply impossible to force a child to go to sleep, or stop crying, or listen or respect us. These are the issues that are most trying to parents precisely because it’s here that we run up against the inherent limits of what one human being can compel another human being to do.”
“Sadly, though, that doesn’t stop us from trying newer, cleverer, or more forceful strategies to get kids to comply. And when these techniques fail, that’s often taken as evidence that what’s needed is ... more of the same.”
More of the same? There’s one phrase that’s definitely not in the new top pop’s vocabulary.
© 2008 Capitol News Company, LLC
Friday, December 12, 2008
1st CNA for Academic Union and 3rd for the Workers Union Signed Today
In the 100 year history of the University of the Philippines (UP), the first ever collective negotiation agreement (CNA) between UP and the union of UP’s rank-and-file faculty and REPS (research, extension and professional staff) will be signed today, December 12, Friday at 10 to 11 am at the Lobby of Quezon Hall, University of the Philippines. The University will be represented by President Emerlinda R. Roman and the rank-and-file academic personnel will be represented by Dr. Erlinda Castro-Palaganas, National President of the All UP Academic Employees Union.
The third CNA between UP and the university’s rank-and-file administrative staff will be signed simultaneously. President Roman will sign for the university and Arnulfo Anoos, National President of the All-UP Workers Union will sign on behalf of the administrative staff.
The CNA is equivalent to the Collective Bargaining Agreement (CBA) in the private sector.
The two CNAs will be in force for five years and include provisions recognizing the All UP Academic Employees Union and the All UP Workers Union as the sole-and-exclusive representative of the rank-and-file academic personnel and administrative staff, respectively. Provisions on union representation in university committees, union rights and privileges, leaves, incentives and gender responsiveness are among the salient provisions of the CNA.
The signing of the two CNAs is one of the remaining major activities in the state university’s observance of its centennial year, now dubbed as the Philippine's National University under its new charter (R.A. 9500) that was enacted on April 2008.
The third CNA between UP and the university’s rank-and-file administrative staff will be signed simultaneously. President Roman will sign for the university and Arnulfo Anoos, National President of the All-UP Workers Union will sign on behalf of the administrative staff.
The CNA is equivalent to the Collective Bargaining Agreement (CBA) in the private sector.
The two CNAs will be in force for five years and include provisions recognizing the All UP Academic Employees Union and the All UP Workers Union as the sole-and-exclusive representative of the rank-and-file academic personnel and administrative staff, respectively. Provisions on union representation in university committees, union rights and privileges, leaves, incentives and gender responsiveness are among the salient provisions of the CNA.
The signing of the two CNAs is one of the remaining major activities in the state university’s observance of its centennial year, now dubbed as the Philippine's National University under its new charter (R.A. 9500) that was enacted on April 2008.
Public Education at Risk of Privatisation by Stealth
By Guntars Catlaks
A new study commissioned by Education International reveals that a growing trend towards privatisation of public education is often camouflaged by the language of "educational reform," or introduced stealthily as "modernisation. " Hence the title of the study: Hidden Privatisation In Public Education.
The research was undertaken by Prof. Stephen Ball and Dr. Deborah Youdell, both of the Institute of Education, University of London. The authors explore two key types of privatisation: one in which ideas, techniques and practices from the private sector are imported to make schools more business-like; and another in which public education is opened up to private sector participation on a for-profit basis. The former type often paves the way for the latter.
Both types of privatisation have profound impacts upon the way education is delivered, how curriculum is decided, how teachers are trained, how students are assessed, and indeed on the fundamental values underpinning public education in both industrialised and developing countries.
"A central issue, as this report so clearly shows, concerns the very ethos of education," said EI General Secretary Fred van Leeuwen. "To put it in the starkest possible way: is education about giving each child, each young man or woman, the opportunity to develop his or her full potential as a person and as a member of society? Or is education to be a service sold to clients, who are considered from a young age to be consumers and targets for marketing?"
Teachers and their unions around the world actively defend the concept of quality public education as a fundamental right of child. Therefore, this stealthy transformation of education from a public good into a commodity to be used for private profit is of deep concern.
"Education International commissioned this study to shine a spotlight on the trend towards privatisation. We need greater transparency and we need to get a better understanding of what is happening, so that we can engage in an open public debate about the future of education in our societies," van Leeuwen said.
A preliminary report was published for the World Congress in Berlin in July 2007, and was presented by the authors at a break-out session. The EI Research Institute commissioned the report, and the EI Research Network met twice to discuss issues of privatisation and to evaluate the emerging findings. The final report was launched 17 June at the Trade Union Centre in London.
John Bangs of the National Union of Teachers and a member of the board of the EI Research Institute, said: "It's the first genuine analysis of the global impact of these trends toward privatisation on public education systems." Referring to the lately deceased General Secretary of the NUT, he added: "Steve Sinnott would have been absolutely delighted to see this report."
"This is the first blast of the EI trumpet against the monstrous impact of the privatisers in education," said Jerry Bartlett, General Secretary of the NASUWT and a member of the EI Executive Board. "Privatisation is an abdication of the state's responsibility to provide a fundamental right. This will be a really useful tool to use to campaign against the loss of the public sector ethos in education."
Stephen Ball noted that the so-called education industry is enormously profitable. "Education services are the single largest export industry for the UK, valued at about 28 billion pounds a year," he said. "This is big business!"
And within this big business, the newly emerged class of "edupreneurs" are set to reap the biggest profits. Testing companies, for example, are multi-million dollar enterprises in countries that place high priority on test results as a measure of educational quality. Under George Bush's "No Child Left Behind" legislation in the United States, about 45 million tests are administered annually at a profit of up to US $517 million to the private sector, he said.
And, at a global level, the World Bank is also actively promoting private corporate involvement in public education systems. "The World Bank is placing the private sector at the centre of its policy in the developing world," Ball said.
Youdell added that in many developing nations privatisation tendencies are often more prevalent in newly-established World Bank or aid-funded educational projects. Because they are more dependent on external funding, developing nations are inevitably also more vulnerable to privatisation in all its forms, she said.
In many countries, privatisation has proceeded so far that it is seen as inevitable or simply "common sense," Ball warned. He urged educators to be sceptical of private initiatives, and to look more deeply beyond the immediately apparent benefits of, for example, "free" computers, equipment, or learning resources.
The most insidious effects of hidden privatisation, Ball found, were the ways in which relationships between teachers, students and parents are changed. When education is commodified, the results—including the accomplishments of students—become seen as products. In this way, school leaders become business managers, teachers become technicians and students—depending on their test results—become assets or liabilities in a school ranked against all its neighbours.
He emphasized that there is a strong need for "ethical audits" to evaluate the impact of private involvement in public education.
Bob Harrris, EI Senior Consultant, welcomed the report and praised its potential as a tool for teacher unions to develop their strategies and resist the most egregious forms of privatisation. Harris emphasized the need for trade unionists to gain a deep understanding of the threats posed to public education (and indeed all public services) by the pressures of privatisation, and to act energetically to implement counter-proposals.
"The debate should not be about whether education reforms are needed, but rather about the kind of reforms and the conditions for success," he said.
This article was published in Worlds of Education, Issue 27, September 2008.
A new study commissioned by Education International reveals that a growing trend towards privatisation of public education is often camouflaged by the language of "educational reform," or introduced stealthily as "modernisation. " Hence the title of the study: Hidden Privatisation In Public Education.
The research was undertaken by Prof. Stephen Ball and Dr. Deborah Youdell, both of the Institute of Education, University of London. The authors explore two key types of privatisation: one in which ideas, techniques and practices from the private sector are imported to make schools more business-like; and another in which public education is opened up to private sector participation on a for-profit basis. The former type often paves the way for the latter.
Both types of privatisation have profound impacts upon the way education is delivered, how curriculum is decided, how teachers are trained, how students are assessed, and indeed on the fundamental values underpinning public education in both industrialised and developing countries.
"A central issue, as this report so clearly shows, concerns the very ethos of education," said EI General Secretary Fred van Leeuwen. "To put it in the starkest possible way: is education about giving each child, each young man or woman, the opportunity to develop his or her full potential as a person and as a member of society? Or is education to be a service sold to clients, who are considered from a young age to be consumers and targets for marketing?"
Teachers and their unions around the world actively defend the concept of quality public education as a fundamental right of child. Therefore, this stealthy transformation of education from a public good into a commodity to be used for private profit is of deep concern.
"Education International commissioned this study to shine a spotlight on the trend towards privatisation. We need greater transparency and we need to get a better understanding of what is happening, so that we can engage in an open public debate about the future of education in our societies," van Leeuwen said.
A preliminary report was published for the World Congress in Berlin in July 2007, and was presented by the authors at a break-out session. The EI Research Institute commissioned the report, and the EI Research Network met twice to discuss issues of privatisation and to evaluate the emerging findings. The final report was launched 17 June at the Trade Union Centre in London.
John Bangs of the National Union of Teachers and a member of the board of the EI Research Institute, said: "It's the first genuine analysis of the global impact of these trends toward privatisation on public education systems." Referring to the lately deceased General Secretary of the NUT, he added: "Steve Sinnott would have been absolutely delighted to see this report."
"This is the first blast of the EI trumpet against the monstrous impact of the privatisers in education," said Jerry Bartlett, General Secretary of the NASUWT and a member of the EI Executive Board. "Privatisation is an abdication of the state's responsibility to provide a fundamental right. This will be a really useful tool to use to campaign against the loss of the public sector ethos in education."
Stephen Ball noted that the so-called education industry is enormously profitable. "Education services are the single largest export industry for the UK, valued at about 28 billion pounds a year," he said. "This is big business!"
And within this big business, the newly emerged class of "edupreneurs" are set to reap the biggest profits. Testing companies, for example, are multi-million dollar enterprises in countries that place high priority on test results as a measure of educational quality. Under George Bush's "No Child Left Behind" legislation in the United States, about 45 million tests are administered annually at a profit of up to US $517 million to the private sector, he said.
And, at a global level, the World Bank is also actively promoting private corporate involvement in public education systems. "The World Bank is placing the private sector at the centre of its policy in the developing world," Ball said.
Youdell added that in many developing nations privatisation tendencies are often more prevalent in newly-established World Bank or aid-funded educational projects. Because they are more dependent on external funding, developing nations are inevitably also more vulnerable to privatisation in all its forms, she said.
In many countries, privatisation has proceeded so far that it is seen as inevitable or simply "common sense," Ball warned. He urged educators to be sceptical of private initiatives, and to look more deeply beyond the immediately apparent benefits of, for example, "free" computers, equipment, or learning resources.
The most insidious effects of hidden privatisation, Ball found, were the ways in which relationships between teachers, students and parents are changed. When education is commodified, the results—including the accomplishments of students—become seen as products. In this way, school leaders become business managers, teachers become technicians and students—depending on their test results—become assets or liabilities in a school ranked against all its neighbours.
He emphasized that there is a strong need for "ethical audits" to evaluate the impact of private involvement in public education.
Bob Harrris, EI Senior Consultant, welcomed the report and praised its potential as a tool for teacher unions to develop their strategies and resist the most egregious forms of privatisation. Harris emphasized the need for trade unionists to gain a deep understanding of the threats posed to public education (and indeed all public services) by the pressures of privatisation, and to act energetically to implement counter-proposals.
"The debate should not be about whether education reforms are needed, but rather about the kind of reforms and the conditions for success," he said.
This article was published in Worlds of Education, Issue 27, September 2008.
Friday, October 31, 2008
Migration of Health Workers & Professionals: The Philippine Experience
Jossel I. Ebesate, RN, MAN Candidate
Secretary-General, Alliance of Health Workers (AHW), Philippines
Migration is one of the pressing issue that affects the lives of around 90 million Filipinos, 9 to 10 million of which are officially coined as Overseas Filipino Workers or OFWs. It is not a coincidence that the Philippines is hosting the 2nd Global Forum on Migration & Development (GFMD). Gloria Macapagal-Arroyo is like a poster girl promoting migration of Filipinos in the name of dollar remittances, at the expense of poor Filipino OFWs, migrants and their families.
Our own International Assembly of Migrants & Refugees is very significant not only because we are holding this at almost the same time with the GFMD. This is significant because we, migrants, refugees and concerned organizations and individuals are strengthening our unity to fight for our rights in the face of a worsening global financial crisis affecting all countries.
Extent of Brain Drain
The Philippines is the no. 1 exporter of nurses worldwide with 85% of Filipino nurses working in some 50 countries. Every month more than 2,000 nurses leave the Philippines to work abroad . More than 9,000 doctors have already left as nurses from 2002 to 2005. Other professionals like dentists, physical therapists, medical technologists, lawyers, engineers are taking up nursing courses to work as nurses abroad. An estimated 15,000 health professionals leave the country annually for employment abroad.
For the past five years, about 50% of nurses employed in specialty hospitals like Philippine Health Center, National Kidney & Transplant Institute, Lung Center of the Philippines & Philippine Children's Medical Center went abroad. They are replaced by new nurses, who are also applying for abroad but just finishing few years experience as requirements.
“Doctors becoming nurses” is a new phenomenon which result to the depletion of doctors. Ninety percent (90%) of Municipal Health Officers, these are doctors working in rural health centers, are taking up nursing and expected to leave the country. Anesthesiologists and obstetricians are rapidly depleting, followed by pediatricians and surgeons.
The demand for nurses is expected to increase, estimated at 600,000 between now and year 2010 . Developed countries want skilled labor to take care of their sick and old population. Their youth population no longer takes interest in nursing profession due to relatively difficult, long hours, and high stress, hazardous working conditions. They dislike the care of the chronically ill and afraid of exposure to HIV/AIDS.
In this era of imperialist globalization, countries like United States of America, United Kingdom and other developed countries, thrives on cheap labor of the third world countries like the Philippines. There are about 10 million Filipinos including health professionals who live and work in 197 countries.
The globalization of labor has been accepted thru the World Trade Organization's specific provisions, the General Agreement on Trade in Services (GATS) which sets down disciplines and provides the most effective framework to pursue liberalization of trade in services. GATS encourages industrialized countries to poach the brightest and the best from poor countries while protecting their own.
Oppressive & exploitative conditions pushing health professionals to leave
Manila Archbishop Gaudencio Rosales said in July 2004, “the fact that millions of Filipinos are forced to work abroad is proof of government’s economic failure.”
Indeed, economic factor is the number one cause why Filipinos, including health professionals, leave the country. The problems of unemployment, low salaries, rising cost of basic commodities and services push many Filipinos to seek greener pasture abroad. Nurses and other health professionals suffer from unjust working conditions, low salaries, denied benefit, job insecurity and curtailment of basic rights.
Health workers suffer from unjust working conditions. To provide better patient care, a nurse should take care of 15 patients for an 8-hour shift. But nurses in the Philippines take care of up to 150 patients per shift.
Starvation wages and denied benefits. Health workers are among the most overworked workers in the world, yet, salaries remained at starvation level. Our salaries cannot afford us decent, health and humane living conditions. Nurses receive a salary of P6,000 (US$130) in private hospitals, P12,026 (US$261) in government hospitals per month. A resident physician in a government hospital earns P19, 168 (US$417)/month. This is way below the monthly cost of living of P27,100 (US $565) for a family of 6 .
Health workers are deprived of economic benefits due us, such as overtime pay, night shift differential, housing allowance and holiday pay. Meager amounts are given for subsistence, clothing and laundry allowances. Health workers have to struggle earnestly for those benefits. These are despite the fact that all these benefits are mandated by law.
Health workers suffer from job insecurity. The government implements reorganization and streamlining programs resulting to mass lay-off and job insecurities among health workers. In state hospitals, operations and maintenance are now privatized or are under contract to private companies. The security service, dietary, pharmacy, laundry, engineering and maintenance are contracted out first. Former regular employees in these services, if not removed became contractual workers. Nurses also become contractual workers.
Government agencies say that we have an “oversupply of nurses”. But aside from understaffing in the hospitals, there are so many doctorless and nurse-less barangays throughout the country, because there are no plantilla positions available or no takers if ever there are available positions. The supposed “oversupply” - which is actually “unemployment,” results to exploitation by hospitals both in the private and public sector through “volunteer” work and “trainings” in exchange for exorbitant fees. In reality however, these “volunteers” and “trainees” were in most cases made to cover for the understaffing of hospitals.
Health workers’ basic rights curtailed. To ensure more income, owners and hospital management find ways to control the workers even if their basic democratic rights are trampled upon. Freedom of expression is suppressed. Contractual health workers are prevented from joining unions or organizations while legitimate workers’ unions are being busted. Some management refuses to negotiate with duly accredited health workers union. Union leaders are harassed. Policies, regulations and strict work procedures are implemented to hinder the movement or curtail freedom of workers. Hospital management intervenes by promoting and actually establishing pro-management & yellow unions.
The Philippine government is not worried on the exodus of health professionals, even encourages it. The DOH response is not to stop the brain drain. The government agencies are not doing anything with the sprouting of substandard profit-oriented nursing schools in response to increased demands for nurses abroad. The western-oriented and commercialized curriculum is even being modified to further “prepare” nurse graduates in working broad by introducing subjects like “Nihonggo” as electives, and others.
These are the factors that force health professionals to work or migrate to developed countries. However, instead of solving the economic crisis and addressing the problems of health workers the Arroyo government choose to make money out of the migrants and overseas workers. Through the labor export policy the government trade cheap labor force in exchange for dollar remittances.
Abuses and Exploitation of Health Workers & Professionals Abroad
Growing number of health professionals going abroad end up working as nanny, health care givers in home care institutions or live-in care givers. In Canada, Filipino Nurses are recruited to work as registered nurses through the Live-in Caregiver Program that forces them to work as 24-hour domestic workers who clean, cook and care for the children, elderly of the middle & upper class Canadian families.
In the United Kingdom, foreign nurses are made to pay their employer or recruitment agency for the opportunity to work. Worse, they are put on the lowest rung of the ladder, equivalent to health care assistants, while they are in still processing their registration as professional nurses. After they receive their UK registration their salary is adjusted to a level with UK trained staff.
In the USA, some health professionals become victims of illegal recruitment. Like the case of the 27 victims of Sentosa Recruitment Agency in New York. Upon arriving in the US, the 26 nurses and 1 physical therapist were duped into working as agency nurses rather than as direct-hire staff nurses, had their wage rates lowered considerably and withheld over long periods of time, their green cards withheld, and were maltreated and abused by Sentosa affiliate hospitals and nursing homes for which they worked. When they resigned upon realizing their exploitative conditions, they were charged with criminal and administrative charges by the hospitals and nursing homes together with Sentosa. The case of illegal recruitment filed against Sentosa in the Philippine Overseas Employment Administration was dismissed after a government official intervened.
In some other countries especially in the Middle East, many nurses complained of a series of promises over salaries and accommodation that have been broken twice over by recruiters and employers. In fact, contract substitution is the norm. They claim their housing costs have been raised in spite of their contract to include electricity, gas and council tax. The nurses also report that the free airfare promised by the recruitment agency is now being deducted from their salaries. There are also reports of bullying. Nurses were not provided with job descriptions and some employers have asked to be paid if the nurse leaves before the end of three years, even though they had only agreed to work for two. They encountered problems of being asked to sign new contracts that will commit them to less pay and more work, including some domestic duties.
The Philippine government itself is pushing Filipinos in peril abroad. Yet it gives token or no assistance at all in most of these cases of abuse and exploitation. Thus, Filipino health workers become victims twice over. Their cases add up to the increasing number of abuse and exploitation of overseas Filipino workers.
Devastating effects of migration
Effects to health care. The continuing out-migration of health workers and health professionals is affecting health care provisions in the home country, negatively. Migration aggravates the already dismal health care system. Health groups have predicted an impending health crisis unless the “exodus” of health personnel is mitigated.
Even before the dramatic out-migration of health professionals, the health care system is already in dismal state. Fifty percent (50%) of the population has no access to health care. The Philippines is record holder in the incidence of tuberculosis in the past years, but only 60% of the population has access to essential drugs. Average hospitalization bill is three times the average monthly income.
The health indicators of the Philippines are worse compared to selected Asian countries like Japan, South Korea, Malaysia & Thailand.
The fast turn-over of nurses further lowers the standard of care, because they are replaced with new inexperienced nurses. Operating rooms are staffed with novice nurses, and experienced ones often work double shifts.
There is a decrease in the enrollment in medical schools of 10%-55% in the last 2 years. Likewise there is a decline in the applicants for medical residency positions to become specialists with an average of 50%.
The out-migration is aggravating the shortage of doctors and nurses in the hospital and in rural areas. In 2003 to 2005 some 200 hospitals were completely closed, 800 partially closed for lack of doctors/nurses . Many more towns will be added to the list of towns which have no doctors and nurses.
Filipino people have to suffer once more with further lack of nurses and doctors on top of inadequate and unaffordable medicines, supplies and health services. It is very ironic that in a country exporting tens of thousands of nurses, seven (7) out of 10 Filipinos are dying without being seen by health personnel. Health groups are worried that there will come a day when there are no more doctors or nurses to cure our illnesses.
Aside from the effects of brain drain to health care, social cost is equally devastating. Those who will leave the country will suffer from extreme loneliness and will be longing for home. Family members of health professionals also suffer from the separation. There are cases wherein children of OFWs became victims of drug addiction, alcoholism, early pregnancy due to lack of parental guidance. Cases of infidelity and separation among married couples are increasing.
Neoliberal policies and Labor Export Policy
The Philippine government is callous and insensitive to the plight of the Filipino people including health workers & professionals. Instead of resolving the health and economic problems of the Filipino people and the concerns of health workers, the government is implementing policies detrimental to people’s welfare.
The government is implementing budget cuts for social services, wage freeze, streamlining of bureaucracy, freeze hiring and contractualization in accordance with cost-cutting measures dictated by international lending bodies particularly the International Monetary Fund-World Bank in exchange for fresh loans. These same policies that subject health workers to unjust working conditions, starvation wages and non-payment of benefits, curtailment of rights and denial of job security that push them to go abroad.
In the framework of globalization, neoliberal policies such as liberalization, deregulation and privatization are religiously implemented by the Philippine government decades but have not uplifted the condition of Filipinos. Unemployment, underemployment, landlessness & deprivation of basic services become worse. With the current financial crisis, the majority of Filipino people will sink even deeper to poverty and lack opportunities to survive, 10 million Filipinos have migrate and many more are being forced to work abroad.
Labor export has been a flourishing industry in the Philippines due government’s Labor Export Policy. It is used to prop up the sagging economy battered by perennial crisis. Forced migration is used to deflect social revolt due the people’s discontent and it is used as deception tool employed by the government to enable daily survival of majority Filipinos.
The government is earning much from remittances and exactions from Filipino migrant workers. The Philippines ranks 4th worldwide in terms of remittances earned with US $17B remittances in 2007 . The huge amount of remittances poured into the country by overseas and migrant workers constitute the bulk of dollar reserves, used not for social services, but as guarantee for foreign loans, payment for foreign debt and to cover for trade deficit.
For as long as the Philippines remain as semi-colonial & semi-feudal society, our country will be a steady source of cheap labor to exploit.
The Arroyo government is more concerned in staying in power and raking up money from the blood and sweat of the Filipino people, both here and abroad. It prioritizes debt servicing and military expenditures in the national budget. The neo-liberal policies exacerbate the economic crisis and poverty among the Filipino people. If not for the remittances of the OFWs, the Philippine economy had collapsed long ago.
In their bid to earn from the migration of Filipinos, the Arroyo Government and first world receiving countries treat the Filipino people, Filipino families and the OFWs and migrants as simply collateral damages. Labor export policy and migration will never become a tool for development for the Filipino people because it never addresses the root causes of crisis and poverty that have caused migration in the first place. Migration at such becomes a tool to further control, exploit and impoverish poor countries and peoples like the Filipino people.
Response & Proposed Actions
The migration of health professionals will not be controlled for as long as the causes why the Filipinos migrate continue to exist in the country. Primary focus should be in addressing the economic crisis and poverty affecting the majority of the Filipino people. This necessitates the concerted action of all sectors of the Philippine society.
In the immediate, concerns like unemployment, low salaries, inadequate benefits, unfavorable working conditions must be improved. Education should be reoriented to produce graduates willing to serve the Filipino people. Health and education should be affordable and accessible to all Filipinos.
At the policy level, pressures must be exerted to scrap the “labor export policy”. Policies like wage freeze, freeze hiring, streamlining, cuts in social services, contractualization, privatization being implemented in accordance with globalization policies should be exposed and opposed. Meaningful programs like genuine land reform and nationalist industrialization should be implemented.
These require political will from a truly pro-people government. Different groups and sectors must exert all efforts to push for structural changes both in economic and political spheres to carry out meaningful changes in the situation of the Filipino people.
It has been proven time and again that organized people’s action is the most effective way to confront problems. The unity and solidarity of migrants & other sectors is necessary to effectively resist anti-people policies. Let us launch sustained concerted actions at the country and global level with the involvement of more health workers and professionals.
Our Calls/On Going Campaigns
In particular and in immediate terms, we call:
• Scrap labor export policy (LEP)!
• Fight for workers rights & welfare!
• Demand for health budget increase! Fight for salary increase!
• Stop Forced migration, ensure jobs at homelands! End poverty!
• WTO out of health!
______________
Keynote Presentation for Workshop No. 9 (Health, Globalization & Migration: Issues and Struggles of Migrant Health Workers), International Assembly of Migrants and Refugees, October 30, 2008, 8:30 – 11:30 AM, Ballroom (B), 10/F, Bayview Park Hotel, Roxas Blvd corner U.N. Ave., Manila, Philippines
Secretary-General, Alliance of Health Workers (AHW), Philippines
Migration is one of the pressing issue that affects the lives of around 90 million Filipinos, 9 to 10 million of which are officially coined as Overseas Filipino Workers or OFWs. It is not a coincidence that the Philippines is hosting the 2nd Global Forum on Migration & Development (GFMD). Gloria Macapagal-Arroyo is like a poster girl promoting migration of Filipinos in the name of dollar remittances, at the expense of poor Filipino OFWs, migrants and their families.
Our own International Assembly of Migrants & Refugees is very significant not only because we are holding this at almost the same time with the GFMD. This is significant because we, migrants, refugees and concerned organizations and individuals are strengthening our unity to fight for our rights in the face of a worsening global financial crisis affecting all countries.
Extent of Brain Drain
The Philippines is the no. 1 exporter of nurses worldwide with 85% of Filipino nurses working in some 50 countries. Every month more than 2,000 nurses leave the Philippines to work abroad . More than 9,000 doctors have already left as nurses from 2002 to 2005. Other professionals like dentists, physical therapists, medical technologists, lawyers, engineers are taking up nursing courses to work as nurses abroad. An estimated 15,000 health professionals leave the country annually for employment abroad.
For the past five years, about 50% of nurses employed in specialty hospitals like Philippine Health Center, National Kidney & Transplant Institute, Lung Center of the Philippines & Philippine Children's Medical Center went abroad. They are replaced by new nurses, who are also applying for abroad but just finishing few years experience as requirements.
“Doctors becoming nurses” is a new phenomenon which result to the depletion of doctors. Ninety percent (90%) of Municipal Health Officers, these are doctors working in rural health centers, are taking up nursing and expected to leave the country. Anesthesiologists and obstetricians are rapidly depleting, followed by pediatricians and surgeons.
The demand for nurses is expected to increase, estimated at 600,000 between now and year 2010 . Developed countries want skilled labor to take care of their sick and old population. Their youth population no longer takes interest in nursing profession due to relatively difficult, long hours, and high stress, hazardous working conditions. They dislike the care of the chronically ill and afraid of exposure to HIV/AIDS.
In this era of imperialist globalization, countries like United States of America, United Kingdom and other developed countries, thrives on cheap labor of the third world countries like the Philippines. There are about 10 million Filipinos including health professionals who live and work in 197 countries.
The globalization of labor has been accepted thru the World Trade Organization's specific provisions, the General Agreement on Trade in Services (GATS) which sets down disciplines and provides the most effective framework to pursue liberalization of trade in services. GATS encourages industrialized countries to poach the brightest and the best from poor countries while protecting their own.
Oppressive & exploitative conditions pushing health professionals to leave
Manila Archbishop Gaudencio Rosales said in July 2004, “the fact that millions of Filipinos are forced to work abroad is proof of government’s economic failure.”
Indeed, economic factor is the number one cause why Filipinos, including health professionals, leave the country. The problems of unemployment, low salaries, rising cost of basic commodities and services push many Filipinos to seek greener pasture abroad. Nurses and other health professionals suffer from unjust working conditions, low salaries, denied benefit, job insecurity and curtailment of basic rights.
Health workers suffer from unjust working conditions. To provide better patient care, a nurse should take care of 15 patients for an 8-hour shift. But nurses in the Philippines take care of up to 150 patients per shift.
Starvation wages and denied benefits. Health workers are among the most overworked workers in the world, yet, salaries remained at starvation level. Our salaries cannot afford us decent, health and humane living conditions. Nurses receive a salary of P6,000 (US$130) in private hospitals, P12,026 (US$261) in government hospitals per month. A resident physician in a government hospital earns P19, 168 (US$417)/month. This is way below the monthly cost of living of P27,100 (US $565) for a family of 6 .
Health workers are deprived of economic benefits due us, such as overtime pay, night shift differential, housing allowance and holiday pay. Meager amounts are given for subsistence, clothing and laundry allowances. Health workers have to struggle earnestly for those benefits. These are despite the fact that all these benefits are mandated by law.
Health workers suffer from job insecurity. The government implements reorganization and streamlining programs resulting to mass lay-off and job insecurities among health workers. In state hospitals, operations and maintenance are now privatized or are under contract to private companies. The security service, dietary, pharmacy, laundry, engineering and maintenance are contracted out first. Former regular employees in these services, if not removed became contractual workers. Nurses also become contractual workers.
Government agencies say that we have an “oversupply of nurses”. But aside from understaffing in the hospitals, there are so many doctorless and nurse-less barangays throughout the country, because there are no plantilla positions available or no takers if ever there are available positions. The supposed “oversupply” - which is actually “unemployment,” results to exploitation by hospitals both in the private and public sector through “volunteer” work and “trainings” in exchange for exorbitant fees. In reality however, these “volunteers” and “trainees” were in most cases made to cover for the understaffing of hospitals.
Health workers’ basic rights curtailed. To ensure more income, owners and hospital management find ways to control the workers even if their basic democratic rights are trampled upon. Freedom of expression is suppressed. Contractual health workers are prevented from joining unions or organizations while legitimate workers’ unions are being busted. Some management refuses to negotiate with duly accredited health workers union. Union leaders are harassed. Policies, regulations and strict work procedures are implemented to hinder the movement or curtail freedom of workers. Hospital management intervenes by promoting and actually establishing pro-management & yellow unions.
The Philippine government is not worried on the exodus of health professionals, even encourages it. The DOH response is not to stop the brain drain. The government agencies are not doing anything with the sprouting of substandard profit-oriented nursing schools in response to increased demands for nurses abroad. The western-oriented and commercialized curriculum is even being modified to further “prepare” nurse graduates in working broad by introducing subjects like “Nihonggo” as electives, and others.
These are the factors that force health professionals to work or migrate to developed countries. However, instead of solving the economic crisis and addressing the problems of health workers the Arroyo government choose to make money out of the migrants and overseas workers. Through the labor export policy the government trade cheap labor force in exchange for dollar remittances.
Abuses and Exploitation of Health Workers & Professionals Abroad
Growing number of health professionals going abroad end up working as nanny, health care givers in home care institutions or live-in care givers. In Canada, Filipino Nurses are recruited to work as registered nurses through the Live-in Caregiver Program that forces them to work as 24-hour domestic workers who clean, cook and care for the children, elderly of the middle & upper class Canadian families.
In the United Kingdom, foreign nurses are made to pay their employer or recruitment agency for the opportunity to work. Worse, they are put on the lowest rung of the ladder, equivalent to health care assistants, while they are in still processing their registration as professional nurses. After they receive their UK registration their salary is adjusted to a level with UK trained staff.
In the USA, some health professionals become victims of illegal recruitment. Like the case of the 27 victims of Sentosa Recruitment Agency in New York. Upon arriving in the US, the 26 nurses and 1 physical therapist were duped into working as agency nurses rather than as direct-hire staff nurses, had their wage rates lowered considerably and withheld over long periods of time, their green cards withheld, and were maltreated and abused by Sentosa affiliate hospitals and nursing homes for which they worked. When they resigned upon realizing their exploitative conditions, they were charged with criminal and administrative charges by the hospitals and nursing homes together with Sentosa. The case of illegal recruitment filed against Sentosa in the Philippine Overseas Employment Administration was dismissed after a government official intervened.
In some other countries especially in the Middle East, many nurses complained of a series of promises over salaries and accommodation that have been broken twice over by recruiters and employers. In fact, contract substitution is the norm. They claim their housing costs have been raised in spite of their contract to include electricity, gas and council tax. The nurses also report that the free airfare promised by the recruitment agency is now being deducted from their salaries. There are also reports of bullying. Nurses were not provided with job descriptions and some employers have asked to be paid if the nurse leaves before the end of three years, even though they had only agreed to work for two. They encountered problems of being asked to sign new contracts that will commit them to less pay and more work, including some domestic duties.
The Philippine government itself is pushing Filipinos in peril abroad. Yet it gives token or no assistance at all in most of these cases of abuse and exploitation. Thus, Filipino health workers become victims twice over. Their cases add up to the increasing number of abuse and exploitation of overseas Filipino workers.
Devastating effects of migration
Effects to health care. The continuing out-migration of health workers and health professionals is affecting health care provisions in the home country, negatively. Migration aggravates the already dismal health care system. Health groups have predicted an impending health crisis unless the “exodus” of health personnel is mitigated.
Even before the dramatic out-migration of health professionals, the health care system is already in dismal state. Fifty percent (50%) of the population has no access to health care. The Philippines is record holder in the incidence of tuberculosis in the past years, but only 60% of the population has access to essential drugs. Average hospitalization bill is three times the average monthly income.
The health indicators of the Philippines are worse compared to selected Asian countries like Japan, South Korea, Malaysia & Thailand.
The fast turn-over of nurses further lowers the standard of care, because they are replaced with new inexperienced nurses. Operating rooms are staffed with novice nurses, and experienced ones often work double shifts.
There is a decrease in the enrollment in medical schools of 10%-55% in the last 2 years. Likewise there is a decline in the applicants for medical residency positions to become specialists with an average of 50%.
The out-migration is aggravating the shortage of doctors and nurses in the hospital and in rural areas. In 2003 to 2005 some 200 hospitals were completely closed, 800 partially closed for lack of doctors/nurses . Many more towns will be added to the list of towns which have no doctors and nurses.
Filipino people have to suffer once more with further lack of nurses and doctors on top of inadequate and unaffordable medicines, supplies and health services. It is very ironic that in a country exporting tens of thousands of nurses, seven (7) out of 10 Filipinos are dying without being seen by health personnel. Health groups are worried that there will come a day when there are no more doctors or nurses to cure our illnesses.
Aside from the effects of brain drain to health care, social cost is equally devastating. Those who will leave the country will suffer from extreme loneliness and will be longing for home. Family members of health professionals also suffer from the separation. There are cases wherein children of OFWs became victims of drug addiction, alcoholism, early pregnancy due to lack of parental guidance. Cases of infidelity and separation among married couples are increasing.
Neoliberal policies and Labor Export Policy
The Philippine government is callous and insensitive to the plight of the Filipino people including health workers & professionals. Instead of resolving the health and economic problems of the Filipino people and the concerns of health workers, the government is implementing policies detrimental to people’s welfare.
The government is implementing budget cuts for social services, wage freeze, streamlining of bureaucracy, freeze hiring and contractualization in accordance with cost-cutting measures dictated by international lending bodies particularly the International Monetary Fund-World Bank in exchange for fresh loans. These same policies that subject health workers to unjust working conditions, starvation wages and non-payment of benefits, curtailment of rights and denial of job security that push them to go abroad.
In the framework of globalization, neoliberal policies such as liberalization, deregulation and privatization are religiously implemented by the Philippine government decades but have not uplifted the condition of Filipinos. Unemployment, underemployment, landlessness & deprivation of basic services become worse. With the current financial crisis, the majority of Filipino people will sink even deeper to poverty and lack opportunities to survive, 10 million Filipinos have migrate and many more are being forced to work abroad.
Labor export has been a flourishing industry in the Philippines due government’s Labor Export Policy. It is used to prop up the sagging economy battered by perennial crisis. Forced migration is used to deflect social revolt due the people’s discontent and it is used as deception tool employed by the government to enable daily survival of majority Filipinos.
The government is earning much from remittances and exactions from Filipino migrant workers. The Philippines ranks 4th worldwide in terms of remittances earned with US $17B remittances in 2007 . The huge amount of remittances poured into the country by overseas and migrant workers constitute the bulk of dollar reserves, used not for social services, but as guarantee for foreign loans, payment for foreign debt and to cover for trade deficit.
For as long as the Philippines remain as semi-colonial & semi-feudal society, our country will be a steady source of cheap labor to exploit.
The Arroyo government is more concerned in staying in power and raking up money from the blood and sweat of the Filipino people, both here and abroad. It prioritizes debt servicing and military expenditures in the national budget. The neo-liberal policies exacerbate the economic crisis and poverty among the Filipino people. If not for the remittances of the OFWs, the Philippine economy had collapsed long ago.
In their bid to earn from the migration of Filipinos, the Arroyo Government and first world receiving countries treat the Filipino people, Filipino families and the OFWs and migrants as simply collateral damages. Labor export policy and migration will never become a tool for development for the Filipino people because it never addresses the root causes of crisis and poverty that have caused migration in the first place. Migration at such becomes a tool to further control, exploit and impoverish poor countries and peoples like the Filipino people.
Response & Proposed Actions
The migration of health professionals will not be controlled for as long as the causes why the Filipinos migrate continue to exist in the country. Primary focus should be in addressing the economic crisis and poverty affecting the majority of the Filipino people. This necessitates the concerted action of all sectors of the Philippine society.
In the immediate, concerns like unemployment, low salaries, inadequate benefits, unfavorable working conditions must be improved. Education should be reoriented to produce graduates willing to serve the Filipino people. Health and education should be affordable and accessible to all Filipinos.
At the policy level, pressures must be exerted to scrap the “labor export policy”. Policies like wage freeze, freeze hiring, streamlining, cuts in social services, contractualization, privatization being implemented in accordance with globalization policies should be exposed and opposed. Meaningful programs like genuine land reform and nationalist industrialization should be implemented.
These require political will from a truly pro-people government. Different groups and sectors must exert all efforts to push for structural changes both in economic and political spheres to carry out meaningful changes in the situation of the Filipino people.
It has been proven time and again that organized people’s action is the most effective way to confront problems. The unity and solidarity of migrants & other sectors is necessary to effectively resist anti-people policies. Let us launch sustained concerted actions at the country and global level with the involvement of more health workers and professionals.
Our Calls/On Going Campaigns
In particular and in immediate terms, we call:
• Scrap labor export policy (LEP)!
• Fight for workers rights & welfare!
• Demand for health budget increase! Fight for salary increase!
• Stop Forced migration, ensure jobs at homelands! End poverty!
• WTO out of health!
______________
Keynote Presentation for Workshop No. 9 (Health, Globalization & Migration: Issues and Struggles of Migrant Health Workers), International Assembly of Migrants and Refugees, October 30, 2008, 8:30 – 11:30 AM, Ballroom (B), 10/F, Bayview Park Hotel, Roxas Blvd corner U.N. Ave., Manila, Philippines
Wednesday, October 22, 2008
Update Sa Naganap Na 8th CNA Meeting
Ginanap noong Oktubre 16, 2008, mula 2:00 hanggang 5:00 ng hapon
Na ginawa sa University Hotel, U.P. Diliman
Ang mga sumusunod ang karagdagang pinag-usapan/pinagkaisahan:
1. International womens day (March 08) pumayag ang UP panel na lahat ng empleyadong lalahok sa mga aktibidad tuwing sasapit ang International Women’s day ay official time;
2. Rice subsidy - 3 sako bawat taon ang kanilang offer na may halagang P 1,500 bawat isa – hindi pa natin isinara ang usapan dito, dahil ang kahilingan natin ay 4 na sako sa bawat taon;
3. Signing bonus – P 5,000 ang kanilang offer – lalo nating hindi tinanggap dahil napakalayo naman nito sa ating demand na P20,000. Sobrang baba ito dahil P5,000 na ang ating nakuha sa nakaraang CNA. Ang sabi natin, salubungin naman nila ang ating demand na P 20,000.00;
4. Special Previleged Leave – ayaw nilang magdagdag sa special privileged leave at ang gusto nila alisin lamang ang restriction sa paggamit ng 6 days. Ang sagot natin ay papayag tayo na hindi na ito madagdagan kung papayag ang UP panel na kung hindi mo magamit ang 3 days (marami kasi tayong kasamahan na hindi ito nagagamit dahil sa sobrang dami ng trabaho – kaya’t lalabas na reward na din ito sa mga hindi gumagamit) na special leave ay maidagdag ito sa ating leave credits at maging cumulative/commutable. Ang sagot ng UP panel ay pag-aaralan nila ang ating proposal.
Natapos ang CNA negotiation dakong ika-5:00 ng hapon at itinakda ng dalawang panig ang susunod na meeting (9th meeting) sa ika-5 ng Nobyembre 2008, 2-5 PM, sa UP Diliman. Bukas ito sa mga kasapi na nais makinig at mag-obserba.
Na ginawa sa University Hotel, U.P. Diliman
Ang mga sumusunod ang karagdagang pinag-usapan/pinagkaisahan:
1. International womens day (March 08) pumayag ang UP panel na lahat ng empleyadong lalahok sa mga aktibidad tuwing sasapit ang International Women’s day ay official time;
2. Rice subsidy - 3 sako bawat taon ang kanilang offer na may halagang P 1,500 bawat isa – hindi pa natin isinara ang usapan dito, dahil ang kahilingan natin ay 4 na sako sa bawat taon;
3. Signing bonus – P 5,000 ang kanilang offer – lalo nating hindi tinanggap dahil napakalayo naman nito sa ating demand na P20,000. Sobrang baba ito dahil P5,000 na ang ating nakuha sa nakaraang CNA. Ang sabi natin, salubungin naman nila ang ating demand na P 20,000.00;
4. Special Previleged Leave – ayaw nilang magdagdag sa special privileged leave at ang gusto nila alisin lamang ang restriction sa paggamit ng 6 days. Ang sagot natin ay papayag tayo na hindi na ito madagdagan kung papayag ang UP panel na kung hindi mo magamit ang 3 days (marami kasi tayong kasamahan na hindi ito nagagamit dahil sa sobrang dami ng trabaho – kaya’t lalabas na reward na din ito sa mga hindi gumagamit) na special leave ay maidagdag ito sa ating leave credits at maging cumulative/commutable. Ang sagot ng UP panel ay pag-aaralan nila ang ating proposal.
Natapos ang CNA negotiation dakong ika-5:00 ng hapon at itinakda ng dalawang panig ang susunod na meeting (9th meeting) sa ika-5 ng Nobyembre 2008, 2-5 PM, sa UP Diliman. Bukas ito sa mga kasapi na nais makinig at mag-obserba.
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