Agrarian Reform

Spokes in the Wheels of Justice

Towards a Genuine Agenda for a Just Society

As the world of the blogosphere, twitterverse and mainstream media soak up as much as it can from the Corona impeachment trial, delving into the subtle elements of the rules of court, rules of evidence and so, on, one wonders about the long-standing issues related to injustice and impunity that slip below the radar as far as the public policy agenda is concerned.

The wheels of justice revved up so expeditiously in the lead up to the impeachment of Corona, but they grind ever so slowly in the case of so many others. To wit, I now turn the spotlight on them in the form of a Top 5 ranking. I ask the question, what is happening to these “five spokes” in the “wheels of justice” given the fact that P-Noy’s administration has placed “judicial reform” at the top of its agenda. I highlight the status of the issues involved, some history, current developments and provide some justification for including them in the top five list. Well, without further ado, here they are:

5. Freedom of Information (FOI) Bill.

The president sent to Congress his version of the bill on Thursday, February 2, 2012. It took at least eighteen months for his government to come up with its own version of the proposed law. At first, the Palace was rather reticent about endorsing any version of the FOI bill as urgent when it hammered out its legislative agenda. Finally, it relented after several months of mounting public pressure from concerned citizens on the issue.

Many elements of the law remain contentious which means that you can expect the debate in Congress to be fierce. The House of Representatives will need to reconcile the different versions of the bill. The question is whether the Senate will have time to deliberate on it given the proceedings currently underway there.

I include this in the Top 5 Spokes of the Wheels of Justice because an FOI law would allow for greater transparency. Greater transparency would be required in ensuring that government disclose to the public what it knows about certain issues that impact on people’s lives, safety and well-being.

This is just an extension of the freedom of the press, something that was uppermost in the mind of P-Noy’s father when he languished in prison and in exile and struggled to let the world know about his story. The FOI Bill needs to have safeguards, but the risks of greater accountability should not detract from the overall vision of having a more accountable, transparent, and just society.

4. Reproductive Health (RH) Bill.

After vacillating over whether to certify as urgent any of the reproductive health bills in Congress, the president finally gave his seal of approval by proposing his own version of the RH bill. The clock ran out last year though as Congress went into recess. The problem will be enacting the bill so close to an election year when the anti-RH adherents will be fired-up to go against legislators who vote in favour of it.

The longer the impeachment trial drags on, the greater the likelihood that the RH bill will not pass, considering where we are in our political/electoral cycle.

The reason why reproductive health comprises a spoke on the wheel of justice is that it directly affects the future health and well-being of at least half the population, and it indirectly affects every newborn child. Those who study women’s issues will tell you that the way women’s rights are treated in society is a proxy for how just and tolerant society is more broadly.

The question is will we have to wait until after the 2013 elections before this bill get passed?

3. Coco levy funds

If the FOI Bill is a carryover issue from Gloria Macapagal-Arroyo’s presidency, and the RH Bill goes all the way back to Fidel Valdez Ramos’, the disposition of the coco levy funds goes all the way back to Ferdinand Edralin Marcos’. The coco levy fund was administered by P-Noy’s uncle, Danding Cojuangco. The current Senate president had a hand in it too.

The Supreme Court recently ruled and affirmed the Sandiganbayan antigraft court’s decision which awarded to the government close to a quarter of the shares of San Miguel Corporation that Mr Cojuangco controls. It said that the funds should be used only to benefit the farmers who had contributed to the levy after it was mandated by Mr Marcos.

This prompted a farmer’s party-list organization to press for the president’s endorsement to the house of a bill that would facilitate the return of the fund to the farmers. The said shares in San Miguel are estimated to be as high as one hundred and fifty billion pesos (Php150 Billion) presently. If spread over five years, the annual disbursement could exceed the budget for the conditional cash transfers.

This is definitely a spoke in the wheel of justice since coconut farmers occupy the lowest rung in the ladder (sorry for getting my metaphors mixed up) in the agricultural sector. They constitute the poorest of the poor. While rice farmers continue to receive billions in subsidy from the grains program each year, no such assistance is extended to coconut farmers. Yet, the biggest growth in agricultural productivity can be had if this fund were used to assist them in making their fields more productive by introducing other crops.

With the appointment of a former aide of Mr Cojuangco to the cabinet, one can be certain that the views of the old man will be represented at the table when Cabinet decides on the issue. The longer it takes for such an anomaly to be corrected (the farmers have already waited a quarter of a century), the bigger the insult suffered by those who deserve just compensation. It is their money after all.

2. Comprehensive Agrarian Reform Program with Extensions (CARPER)

This problem goes back so long, I will not even bother to try to “date” it. The Huk rebellion in the 1950s following the war led to the election of President Ramon Magsaysay who promised to institute social reforms. What was applied though were band aid solutions. His popularity among the people which improved social cohesion and public trust in government and the availability of land in Mindanao made it possible to skirt the issue of land reform.

CARPER is just the last in a long succession of policies aimed at solving the land issue. Its immediate predecessor CARP was enacted by the late-Corazon Cojuangco Aquino’s presidency. The program was given a new lease on life at the end of GMA’s term. The current president promised to complete its implementation including resolving the Hacienda Luisita issue before stepping down in 2106. The Hacienda Luisita issue dates back to the time of Ramon Magsaysay when the government bankrolled its acquisition by the Cojuangcos by guaranteeing loans to P-Noy’s grandfather Jose Cojuangco.

Aside from the vexed issue of land distribution under CARPER, there is currently the issue of land grabbing allegedly taking place. An international fact-finding team recently investigated reports involving land covering three towns of San Mariano, Ilagan and Benito Soliven. At the heart of the problem lies Green Future Innovations, Inc which plans to put up a bio-ethanol plant that will cost $120 million. It was alleged that more than a thousand farmers and indigenous people were displaced by the project. The area involved is 2,200 hectares. The infusion of capital by a Japanese partner into the project was hailed as one of the positive developments coming out of the president’s trip to Japan last year.

Again, these are mere allegations at this point, but they are disconcerting given the context. They raise the question of whether the government has a land use policy in mind and how it plans to handle the question of foreign ownership of land. This is a sleeper issue. The same thing could conceivably be duplicated by China in its search for energy resources. At the root of this problem is the question of property rights. How are they defined and protected? What measures will the government take to ensure that land is used productively to benefit our national interests.

1. Compensation for Martial Law victims

I place this on top of the agenda. Why? Because in the others (save perhaps for the RH Bill and the case of Hacienda Luisita), people were deprived of either their property or right to information. Here, they were deprived of their lives and their liberty. The arbitrary use of police powers by the state to abuse its people, the very citizens whose rights they are meant to protect, well, no graver injustice can be said to occur.

Yet,  a quarter of a century has passed, and we are still awaiting some final closure to this issue. Even after the case was won securing money from the Marcoses to compensate the 7,500 victims, the orderly distribution of ten billion pesos worth of those funds is yet to be framed by Congress. A bill in the House has already made its way through the appropriations committee as of February 7, 2012. This paves the way for deliberations on the floor. Whether or not there will be enough time to hammer out the bill and enact it this year is another question. In March last year, victims started to receive compensation in the form of a $7.5 million award from a US court.

After waiting so long, the end is finally in sight. Each year, a few of the original surviving victims pass away without seeing their claims recognized. Honoring them and their loved ones through compensation would be the best way to bring closure to this dark chapter in our nation’s history.

Conclusion

In pursuing justice, the Palace has chosen to focus on the injustices that occurred during the last five years of the Arroyo presidency by going after her henchmen  whom she had left behind entrenched in certain sensitive positions. Last year saw a growing body count of individuals tied to the former regime. The latest target, the chief justice, is currently occupying the nation’s attention with live coverage of his courtroom drama unfolding daily.

Meanwhile, there are decades’ old injustices perpetrated by past regimes that remain unresolved. Indeed, if the Palace had pursued these cases with as much vigour and swiftness that it demonstrated when it filed the impeachment complaint against the chief justice, then perhaps its victims would be able to heave a heavy collective sigh of relief. The wheels of justice they say grind slowly. Justice delayed is justice denied. Let it not be said that this government turned its back on “the least of our brethren” whom it claims to be fighting for.

Like a Thief in the Night

image of Michaelangelo's Last Judgement from freepublic.com

That is not how the government acted in seeking to put Mrs Gloria Arroyo behind bars. Rather than keep the former president guessing as to the date when formal charges against her would be laid, President Aquino announced back in September what the timetable for it would be. Here is how he phrased it,

We will start filing the cases before the end of this year and with a little cooperation from the judiciary, maybe we can put some of these people in jail next year.

This signalled to Mrs Arroyo that she had to make travel plans as soon as possible, which then forced Justice Secretary Leila De Lima to take it upon herself to place the congresswoman under a departure watch list to keep her in the country even before preliminary investigations were concluded. This according to one justice meant that De Lima was now “more powerful than the court which can only do the same “after the filing of the information and the issuance of an arrest warrant“.

With a little cooperation from the judiciary”: those words of P-Noy now seem ominously prescient of events as they unfolded because straight after thwarting an attempt by the former president to leave by disregarding an injunction from the high court on the watch list order, the government then turned to a joint panel between the Comelec and the DOJ set up to look into electoral fraud to file a case before a regional trial court against Mrs Arroyo. This timeline shows that within the space of a few hours upon receiving their case files which numbered several thick ring binders, a judge issued an arrest warrant.

Had this judge not been so “cooperative”, Mrs Arroyo might have successfully fled the scene since the Supreme Court had by then thrown out the government’s appeal to have its injunction on their watch list order lifted. And so despite the fact that it had foolishly forewarned the former president of its intended moves, the government somehow managed to keep her in the country long enough for an arrest warrant to be served.

In the process of doing so, however, the government may have committed a few grave mistakes. These might come back to haunt its case. Certainly if it is found that it acted inappropriately, the president needs to own up to it because it was he who set the wheels in motion that eventually landed the government in a whole heap of trouble. Particularly with respect to his campaign promise to uphold the rule of law, P-Noy will be ultimately responsible if it is determined that his government usurped judicial powers or acted in contempt of court.

At the moment, the president is assailing the Supreme Court for the speed in which it issued its injunction on the government’s watch list order as he spoke before his “home court” the Makati Business Club, saying

(O)ur lawyers all know that it takes the Supreme Court 10 days, normally, to attend to motions, and it decides to issue a TRO for Mrs. Arroyo in three, who can avoid wondering what she did to merit such speedy relief?

And yet the president doesn’t see the irony of his position because the government was quite happy to get a lower court judge to issue an arrest warrant on his adversary in a matter of hours, which was a far more difficult decision to make. Certainly, when it comes to fostering the rule of law, what this government has in mind is something quite different from the standard.

Like a thief in the night–that is how the Hacienda Luisita decision was handed down by the high court in the midst of all this. Oral arguments had been heard and the judgement of the court had been pending. No one knew the day or time when it would materialize. Suddenly either by coincidence or by design the justices rendered a unanimous vote in favour of the farm worker beneficiaries to have the Aquino-Cojuangco estate title transferred directly to them.

Having justified its bold and decisive actions against the court’s injunctions because of the ensuing confusion surrounding it, the government through its spokesman immediately informed the public that it would respect this particular decision as public support had been mounting in favour of it. The only caveat was for the determination of ‘just compensation’ for the president’s relatives and other issues that the court still has to settle.

The initial action by the Arroyo government to revoke the stock distribution option taken by the Cojuangcos in complying with the agrarian reform law was suspect according to US officials based on confidential diplomatic cables as a form of retaliation by Mrs Arroyo on the matriarch of the Cojuangco clan for supporting calls for her ouster back in 2005. What the Supreme Court ruling now does is open up the possibility for a counter-retaliatory move on the part of Mr Aquino against the Macapagal-Arroyo clans who also own sugar plantations.

This tantalizing opportunity could reverse the destructive pattern of competition by ruling elite factions to accumulate wealth through landholdings using the weak system of property rights in the country in order to consolidate power. Now in a bid to weaken each other, these same ruling elites might now work to dismantle each other’s landholdings. Given that one faction controls the executive and another holds the sympathies of the judiciary, this feud might actually produce something positive for the country.

Like a thief in the night—that is not how events overtook this government on the economic front. For one, the debt crisis in Europe was unravelling like a train wreck in slow motion for several years now. The seeds of this crisis were actually sown during the last one when governments pumped liquidity into their banking systems and engaged in stimulatory fiscal spending. It was only a matter of time before bond holders began to raise the cost of public debt.

The government had ample time to prepare the nation for this crisis, to bullet proof it by sustaining demand through public construction and investment. The early warning signs that its fiscal consolidation was going too far and actually dampening growth in demand were quite evident during the end of last year. The government had ample opportunity to correct its course and make the necessary adjustments. It may turn out in the end that a transition to a new government may have caused unnecessary disruptions to patron-client networks in the bureaucracy. Reconfiguring these networks took too much time.

Finance officials might have taken this as a welcome blessing as the slow spend rate allowed them to limit the fiscal deficit while sticking to the president’s no new taxes pledge. Meanwhile,with the fiscal space it had from fiscal consolidation, it cut tariffs on certain industries. It balanced this decision by removing power subsidies to exporters in special economic zones. These could threaten the growth of some industries and lead to the closure of others at a time when global demand for our exports is already weakening or restructuring as some economists have noted.

The biblical phrase “like a thief in the night” comes from the parable of the ten virgins found in the canonical gospels of the New Testament. It is also known as the parable of the wise and the foolish virgins. The five virgins who were prepared for the bride-groom came to his wedding feast, while the other five who weren’t were excluded. It has an eschatological message: to be prepared for the day of judgement. The final reckoning.

With the second coming of the Aquino dynasty, will the country be prepared to pass the test? Or will it simply slip into oblivion? The day of judgement is nearly at hand!

A Quarter of the Way

image courtesy of 123rf.com

That is how much of P-Noy’s term of office would have expired by the end of next month. It usually marks the end of the window of opportunity for introducing major reforms. In the case of the US presidency, the current occupant of the White House President Obama was able to introduce his stimulus program, banking reform and of course, the once in a lifetime reform of the healthcare system within his first eighteen months in office.

At the end of that period, the tea party movement rebelled against the direction he was taking the nation and voted the Democrats out of their majority in the lower house of congress. The new Republican-led house’s intransigence over the deficit has blocked any further reforms (witness the failure of the super committee over the weekend), and it will probably take another election to allow the grid-lock to be broken.

As we approach the quarter mark of P-Noy’s presidency, it is worth reflecting on his accomplishments or lack thereof and the conditions under which he has had to govern that may or may not have enabled him to achieve what he promised during his campaign. More than anything, I believe that these first eighteen months have highlighted the inconsistencies in his promises and the inevitable tensions that come about from pursuing them.

Firstly, let me tackle his social contract and the plugging of the fiscal deficit. Due to his pledge of no new taxes, the finance and budget departments have had to rely on better tax compliance and program savings in order to bridge the government’s fiscal gap while attending to social and economic infrastructure programs. This is in a country of very wealthy elites who are averse to paying their fair share of taxes.

Despite my distaste for the government’s attempts at “fiscal consolidation” a euphemism for austerity measures I dubbed the “surplus fetish”, one benefit that I now see with the way in which they have gone about things is that it has exposed the inability of tax agencies even under the best efforts of honest officials to raise enough revenue to meet the government’s social compact obligations.

This is why Secretary Purisima, in a bid to shore up enough revenues down the track has flagged a few revenue measures to congress including the rationalization of fiscal incentives, the indexation of sin taxes, and as recently as this week the raising of a minerals tax similar in vein to the Australian resource rent scheme. These three taken alongside the stricter enforcement of the tax code on self-employed entrepreneurs and professionals could yield an estimated four hundred billion pesos, enough to close the fiscal gap and then some.

Enacting these revenue measures would lift the tax collection effort to a more sustainable nineteen percent of GDP, a position last held in the late-90s when the country eked out a surplus. The reform of the tax and incentives system would allow a more progressive and equitable fiscal expenditure program. One reason why the growth of the last decade was not felt by the broad masses of people was that the growth went largely to big business in the form of profits. Benefits through the tax system could not be shared with the less fortunate as the tax collection rate continued to decline despite the growth.

The absence of a successful asset reform program to tackle landlessness in the rural sector led to continued urban migration and growth of informal labor markets. This normally would lead to greater social insurance spending by the state, but this has only been recently addressed with the conditional cash trasnfers program. By next year, the government believes it will cover two of the four million poorest households. The funding comes from the scaling down of the grains importation program, a low lying fruit. To cover the remainder would require doubling the current thirty billion pesos spent on the program. This can only be accomodated through new taxes.

Secondly, given the new-found consensus around new revenue measures, getting them adopted will entail the exertion of executive will and the full cooperation from the congressional leadership. The legislative record of the government has been rather dismal with only 3.25 of its thirty three priority measures passed this year.

These include the reform of government-owned and controlled corporations, changes to labor regulations covering night shifts for women and the synchronization of the elections in the autonomous region of Muslim Mindanao with the rest of the country. The passage of an ammendment to the Electric Power Industry Reform Act that contained one fourth of the recommended changes of the administration accounts for a quarter-measure (hence 3.25 out of 33 measures).

At this rate, it will take a little over ten years to get all of the priority bills passed, including the reproductive health bill which has been seized on by the local Occupy movement. The actual tally of bills passed was seven, three of them not flagged as urgent including one that granted Philippine citizenship to a certain Marcus Eugene Douthit. The country spends about a hundred and ten billion pesos a year for both houses of congress. This is about sixteen billion pesos per measure, which represents very low value for money.

Contrast that with the performance of the Gillard government in Australia which passed two hundred and fifty measures this year including a highly contentious carbon tax and emissions trading scheme. This is quite impressive considering that it has had to seek an alliance with the Greens and a few independents to see these bills through both the lower and upper house.

In the Philippines, the majority in the lower chamber is always loyal to the president, which makes the Senate the only real check on executive power. But the senators unlike in the past are not particularly hostile to P-Noy, which represents a window of opportunity. Unfortunately, much of the upper chamber’s attention has been devoted to controversies involving the former regime which is perhaps why it has had little time to devote to other matters.

Thirdly, the pursuit of the rule of law and anti-corruption under the rubric of Daang Matuwid (Righteous Path) and the prosecution of the former president have come into conflict with each other. It is clear that P-Noy does not want a repeat of the ongoing saga with the Marcoses. This is perhaps the reason why he sought to bring Mrs Arroyo to justice by sending her to jail before Christmas this year.

The lady he has put to the task, his justice secretary, might have skirted a few legal formalities in order to make that happen. This is the conclusion arrived at by a few dispassionate observers including legal luminary Fr Joaquin Bernas, SJ, dean emeritus of the Ateneo Law School from where a number of the president’s men have been trained.

During the campaign, it seemed that the rule of law was intertwined with bringing Mrs Arroyo to justice for misdeeds done while in office. Now, given the situation where the high court is stacked with her appointees, certain exigencies have to be dispensed with in going after her. Indeed it would be preferable from Mrs Arroyo’s point of view for these cases to be tried immediately while she still enjoys some legal cache with those on the Corona bench.

In pursuing the case against her, P-Noy runs the risk of succumbing to the “dark side” by employing extra-legal or extra-constitutional tactics as she did during her presidency. Rather than lifting the country out of the mud, what could happen is that his presidency could get dragged through it with her. The impending release of the Supreme Court’s order to distribute his family’s hacienda to its poor tenants can be seen as a form of retribution. It distorts the narrative of “light vs darkness” by laying the blame for social inequity and injustice squarely on the president.

At any rate, what economists and foreign investors mean when they refer to the rule of law has nothing to do with prosecuting former incumbents but with the securing of ownership and property rights and the efficient enforcement of contracts. And here once again, the pursuit of daang matuwid has led to the scrapping of a few contracts involving foreign donors and their suppliers for the simple reason that they were signed by the former president. This has if anything maintained the image of the Philippines as a country with a high sovereign risk attached to it.

In conclusion, it is worth reflecting on how the shadow and specter of Mrs Arroyo’s administration has haunted her successor. In the first instance, an absence of public trust in government has cemented the idea in P-Noy’s head that he could only fund his social contract by improving tax collection rather than new taxes. This has been shown to be a false economy of sorts. Secondly, investigations into anomalies committed by her have distracted congress from pursuing his legislative agenda. Thirdly, prosecuting her at all costs has compromised his pursuit of the rule of law, property rights and good governance.

At some point, P-Noy will have to pivot from correcting the errors of the past to ensuring a brighter future for all. To do that, he will have to wrestle with the internal inconsistencies of his reform agenda and exert executive will to get his measures passed as well as restraint when required to show an even hand in prosecuting Mrs Arroyo.

In the end, he would want to avoid a problem known to economists as the winner’s curse. This situation could arise if he becomes overly-invested in the hunt for personal vindication against Mrs Arroyo and her minions. In seeking to settle a few scores with her, he might eventually get side-tracked into a very personal and passionate fight. This could detract him from pursuing a much broader reform agenda for the country. In this manner, he could easily squander the remaining time he has in office and wind up with very little to show for it.

How long is a piece of string?

What yardstick are we using to measure P-Noy’s performance?

The arbitrary, rule of thumb of the first year in office is about to come and go for this administration. The obligatory journalistic pieces assessing the president’s performance have consulted the usual suspects.

Political analysts, polling firms and pundits, the business community and the average man on the street express varying degrees of satisfaction, from impatience on the part of Conrad de Quiros for instance, to a more sanguine position on the part of Mon Casiple. Regardless of their positions, they are essentially in agreement that while one year is too brief a period to expect major change, some demonstrably concrete level of progress or achievement is lacking in the president’s first 365 days in office.

As expected the president’s men were engaged in a charm offensive to address these complaints with Undersecretary Manolo Quezon of the Communications Group appearing on ANC, Deputy Spokesperson Abigail Valte on Twitter, and Budget Secretary Butch Abad polemically addressing the issue of economic management. The to-ing and fro-ing has been at times entertaining as in the case of the Valte-Magsaysay twitterverse exchanges and insightful as in the case of Quezon’s revelations about the president’s love life.

The advocates of the president (both in and out of government) say that much has been accomplished. The emphasis on government frugality and public spending restraint has created domestic private investor confidence and a credit ratings dividend according to Cielito Habito. Plugging the leaks in infrastructure spending has generated fiscal space to expand social spending by the end of the year according to Abad. Public private partnerships are “on track” to be consummated this year according to Finance officials.

That in essence is the shortlist of accomplishments brandished by Malacanang. Judging by his poll numbers, the public seems to give P-Noy the nod of approval with 64% expressing satisfaction with his performance.

Is that it, then? Should we give the president a pass too?

Unfortunately, what is missing is a solid discussion over, well…what sort of yardstick is appropriate for measuring the president’s performance. For instance,

• Shall we judge him on what he said he will do?

Based on the president’s anti-Gloria campaign theme, De Quiros now questions why the former president and her ilk have not been brought before any court to answer for her alleged transgressions. Based on his anti-corruption platform, the Management Association of the Philippines now asks why there have been no measures like the Freedom of Information bill or any meaningful reductions in business redtape progressed.

Civil rights advocates wonder what has happened to Jonas Burgos and many other like him. Women’s groups are still waiting for the RH Bill to be passed. Farmers are wondering what happened to the resolution of Hacienda Luisita. The ordinary man on the street wonders where the jobs are and the relief from the rising cost of living. These were issues PNoy promised to resolve once in office.

• On the other hand, should we judge him based on his ability to prudently modify or alter what he said he would do?

Those with a nationalist agenda like Teddy Casino say P-Noy is delivering more of the same as far as economic policy goes, and hopes he will re-think his developmental economic strategy. The anxiety felt by Casino and others like him (Walden Bello for instance) is that the quality of growth is poor and insufficient to make a dent on unemployment.

Budget analyst Ben Diokno is looking for a two-step tax reform process that will make the system fairer and more effective at raising revenues. Both of these policy prescriptions run counter to the “steady as she goes” pronouncements that PNoy made during the election season.

Measuring up

The answer to the question, what yardstick do we use, depends on whether you are a strict contractualist or not. Some will say, we should evaluate the president plainly on what he said he would do, and nothing more. For me, however, I believe that given the tenor of the campaign, there were promises that were bound to be made in the spur of the moment, which need to be reconsidered.

The problem for the president of course is, whether you adhere to the strict contractual sense or not, he has failed to register meaningful progress on many fronts. So the question then becomes, how much time should we give him before we start downgrading his performance assessment? How long before we start saying that the president has either reneged or foolishly forged ahead down a dead end path?

Should we give him another six months? A full year? Two years? It’s like asking the question, how long is a piece of string?

After all, for the marginalized groups awaiting resolution to decade’s old injustices, their well-being has been put on hold for far too long. The well-healed chattering classes may feel aggrieved that bringing justice to Arroyo has been delayed, but their grief is nothing compared to what farmers and human rights abuse victims have suffered.

Similarly for those denied access to education, healthcare, sanitation and protection from the elements, the experiment to improve tax collection without a root and branch reform process would prove to be the most costly of all, if it fails. Is it therefore worth the gamble?

Perhaps, it is in addressing the needs of the least of our brethren that the president ought to be judged. In his “Back to the Future” moment, the president like his mother in the mid-1980s seemed to have prioritized the needs of rich creditors and bondholders over that of poor and marginalized stakeholders. Private investments have improved the skyline, but public investment failed to raise more out of the poverty line.

How long is a piece of string? Well we will have to wait and see…

BSAIII action plan on peace and development in Mindanao

Aquino-Roxas Mindanao Peace and Development Agenda

Action Plan on Peace and Development in Mindanao

Peace and Security

Transparent and consultative peace process

Workable peace is possible only if supported by a broad, active and informed peace constituency.

  • I will assume direct responsibility for the revival of the peace process with the MILF.
  • I will reconstitute the peace panel with men and women of integrity who will directly report to me. There was a time when the peace process was doing well until the Arroyo Government began to use the peace negotiation as prop to political survival. I will see counsel from peace advocates like former OPAPP Secretary Deles, Peace Panel Head Afable and former Notre Dame University President, Fr. Mercado to put back on track the credibility needed in the peace process.
  • I will ensure the participation of various Mindanao stakeholders – Muslims, Lumad, Christian settlers – in the negotiating panels and working groups;
  • I will create a niche for the participation of other Muslim “gatekeepers” particularly traditional and LGU leaders, MNLF, the Ulama, Bangsamoro civil society.
  • Request the Bishops-Ulama Conference to submit a report on the results of the consultations it conducted in the aftermath of the failed MOA-AD; likewise with all known civil society organizations and academic institutions which undertook similar consultations or researches in the past year, such as the University Network on the Mindanao Question led by the UP School of Law, the Consortium of Bangsamoro Civil Society, the Philippine Council for Islam and Democracy, and the Al Mujadilah Foundation.

The results of all these processes should be collated, with key points of agreement and contention identified for inputting into the peace mechanism, as appropriate. On this basis, a mechanism should be devised for these groups to participate in the continuing dialogue on and monitoring of their recommendations.

MNLF

  • I will immediately convene the Oversight Committee on the Organic Act on Muslim Mindanao (RA 9054) and complete a review and assessment of the implementation of the law. I will issue an Executive Order reviving/extending the function of the Oversight Committee, which was last convened before 2004 and which never completed its task, and impose a deadline for the completion of its work.
  • I will order the Department of Foreign Affairs, with the Office of the Presidential Adviser on the Peace Process (OPAPP), to give a report on the tripartite review of the GRP-MNLF Final Peace Agreement and cull the “immediate doable” measures that government can undertake.
  • I will order an inventory of the backlog on assistance to MNLF rebel returnees, as the basis for determining the requirements and timetable for addressing the gap and closing the existing program, while a new program is crafted in cooperation with concerned LGUs and approximating the international standards on DDR (Disarmament, Demobilization and Rehabilitation) of former combatants.

Indigenous People

  • We will review the recent appointment of the Commission to ensure they are in accordance with the law and rationalize the NCIP plantilla to professionalize the bureaucracy to do its mandate under the law, including the delineation of ancestral domains (AD) and support the development of the Natural Resource Management Plan (NRMP).
  • I will work with IP communities and all land and resource-management related agencies for a thorough review of all Certificates of Ancestral Domain Titles (CADTs), Certificate of Ancestral Land Titles (CALTs), and Certificates of Free Prior and Informed Consent (CFPICs) issued towards weeding out those issued defectively, fast-tracking decisions on all pending applications, and providing support for development and implementation of the ADRMP for areas covered by CADTs.
  • I will ensure basic education, health, and sanitation facilities and services for IP communities.
  • I will look into the immediate situation of security of IP communities in areas of ongoing armed conflict.

Internally Displaced Families

Families displaced by conflict will receive full support to be able to return to their communities of origin, if they so desire.

  • I will put up a compensatory fund which will provide shelter, food and livelihood assistance to enable the estimated 30,000 internally displaced families to return to their homes.

Lawless and Criminal Elements

I will dismantle private armies and take a firm hand against all forms of lawlessness

  • I will ensure the prosecution of all identified perpetrators of the Ampatuan massacre. I am aware that the families of the victims and witnesses of the crime are vulnerable to harassment as well as bribes to weaken the case. I will ensure that families of the victims and witnesses of the crime will receive adequate protection and support as they work for justice.
  • The Maguindanao massacre was not just a local Maguindanao problem. It was abetted by the national government with government policies and resources. DND should submit immediately the result of its investigation and inventory of the arms and ammunition confiscated from the Ampatuans and identify civilian and military leaders responsible for the build up of arsenal of the Ampatuans.
  • I will revoke EO546. Never again will public funds be used to support and maintain a private security force.
  • KFR incidents are national security concerns. I will commit full budgetary support to PACER in establishing and implementing an anti-kidnapping strategy in Mindanao; provide full support for the filing of charges against suspected perpetrators, including full protection for released victims and their families.
  • Under my watch, I will ensure that all security forces will be insulated from partisan politics. I will implement the Defense Reform Program started by former DND Secretary Nonong Cruz which aimed to build a professional AFP. A professional AFP along with a professional PNP committed solely to defend the constitution and uphold the law is the key to the dismantling of private armies and implementing the gun control. All forms of excuses for self-protection can be abandoned only when citizens trust state security forces.
  • We will aim to improve the ratio of security forces to our growing population.
  • All appointments in the AFP and PNP will be based on merit and performance.
  • Forces on the ground will be provided with adequate provisions, equipment and training to be able to discharge their duties effectively.

Governance

Performance Incentives

Setting National Policy: Performance- and outcome-driven over-investments in education, health, and employment interventions.

  • I will match every peso invested by 4th and 5th class LGUs in basic education, maternal and child health care and potable water and latrines.
  • Moreover, I will provide additional support to performing LGU’s so they can fast track filling the gaps in attaining targets for their education, health and sanitation programs. In education I will support LGU efforts to attain 100% basic education enrolment, lowering dropout rates and increasing completion rates.

Transparent and proper use of public funds

I will ensure that all fund releases to all LGUs will be transparent and its utilization fully accounted for.

  • I will support DBM’s effort started by former Secretary Emilia Boncodin in regularly publishing and disseminating all releases to the LGUs.
  • I commend COA for their fearless reports which exposed politically sensitive cases such as the Jocjoc Bolante fertilizer scam. I will ensure adequate support to state auditors for proper and accurate audit reports. And their reports will not end in filing cabinets. The OP will take the necessary action on irregularities in the COA reports.

Free and honest elections

I will ensure free, honest and orderly elections.

  • I will release the Mayuga Report to make public the findings on the role of the military in the controversial 2004 elections.
  • On the next ARMM election in 2011, I will install measures that will hold paramount the will of the people of ARMM. The military and the police will remain strictly politically neutral. They will ensure that the election is clean, orderly and peaceful.

Development

Infrastructure

To transform Mindanao into modern agricultural center and the nation’s food basket.

I will address infrastructure gap in farm to market roads, irrigation and post harvest facilities.

Corollary to this, to substantially reduce post-harvest losses, post-harvest facilities will be provided to Mindanao corn, coconut and rice farmers while processing facilities will be made available to coastal fishers and aquaculturists.

Additional irrigated farms will raise cropping intensity and hence productivity contributing in the process to the attainment of the goal of self-sufficiency for specific commodities and bolstering export-competitiveness for others.

  • During my term, I will improve its total road network by bringing its current paved road ratio closer to the national average. This will lower transport costs and post-harvest losses.
  • Corn driers will be priority of DA under my watch. Every 1,000 hectares of corn land will be serviced by at least 1 corn drier.
  • Irrigation coverage will be expanded. Mindanao has about 700,000 hectares of farms that need irrigation. We will expand irrigation facilities to service half of the area by the end of my term, subject to sound cost-benefit analysis.

Public Investment

In areas of Mindanao where private investors are hesitant to invest due to high risk and uncertainty, my administration will establish state enterprises that will partner with potential private investors or extend guarantees to them to spread the risks. The purpose is to generate investments in these areas as a way of jump-starting economic activities and providing employment opportunities so direly needed in these communities. This will be the government’s direct assault on breaking the vicious cycle of lack of jobs, resulting to greater poverty, in turn partly fuelling the conflict, leading to lack of investments and lack of jobs.

  • Among my priority will be government investment in the development of the Halal Industry. This, first and foremost, will answer the essential need of Filipino Muslims for access to food and non-food products that is consistent with their faith. This will also enable local producers, Muslims and non-Muslims, to partake of the multi-billion dollar world halal market.
  • I will encourage investments in our energy sector to tap more diverse sources of power and lower the cost of energy in the long term. In the short term, I will support moves to mitigate the effects of the power crisis such as:
    • Leasing power barges
    • Contracting additional generating capacity through cooperatives and private utilities
    • Allowing the National Grid Corporation of the Philippines to use ancillary services such as the contracting of back-up generating capacity
    • Promoting demand side management

[Archived from the official campaign web site of President Benigno S. “Noynoy” Aquino III]