Vol. 44 No. 2 • FEBRUARY 2010
Php 70.00
“
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Quote in the Act
IMPACT
“The population is hungry, and they are quick to get
angry.”
Dr. Marlene Dorismond Adrien, an advocate for the hungry who has a radio
program in Port-Au-Prince in Haiti; describing desperation of the populace over
food shortage and distribution mismanagement of relief good continue to mount
as fake food coupons spread in Haiti’s capital.
P.O. Box 2481, 1099 Manila, Philippines
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REMITTING ADDRESSES
“I call on the whole country: ‘Switch off the lights.’”
Hugo Chavez, President of Venezuela; as he declared an “electricity
emergency” due to drought in Venezuela that relies on hydroelectricity for 70%
of its power despite its huge crude oil reserves; but critics say poor management
and underinvestment are the real reasons for undermining the power grid.
“Women have stronger characters than men because
when they say no they mean no, and they are less
corruptible.”
Boiko M. Borisov, prime minister of Bulgaria during the inauguration of
the women’s wing of his center-right political party; dubbed as an “unlikely
feminist,” perhaps he is unaware his dictum may not be true in other countries,
like the Philippines.
“The true cause of the crisis is the decline in the birth rate.”
Ettore Gotti Tedeschi, President of the Institute for the World of Religion; in a
recent interview on Vatican Television said that bankers are not the cause of the
global economic crisis but ordinary people who do not “believe in the future” and
have few or no children.
“Unless we priests have an experience or are strongly
convinced of being loved by God, we cannot lead the
people to this liberating experience of God’s love.”
Raniero Cantalamessa, preacher of the papal household; in one of his talks to
the 2nd National Congress of the Clergy held at the World Trade Center in Pasay
City on January 25-29, 2010.
“To transform our political order—how imperative
this task is today!”
Nerio Odchimar, bishop of Tandag and President of the Catholic Bishops’
Conference of the Philippines; in a Pastoral Statement issued on the occasion
of the 100th Plenary Assembly of Philippines’ bishops held in Manila in
January 2010.
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IMPACT • February 2010
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CONTENTS
EDITORIAL
Relax! ...................................................................27
COVER STORY
ARTICLES
Second National Congress of the Clergy ......4
Equity, economy, and environment .................9
T
But numbers alone do not
a success make—except from
the mobilization point of view.
And neither is the shedding of
tears no matter how profuse,
as some comments tended—
implying, consciously or otherwise, that priests were really
in deep renewal because some
of them were seen teary-eyed
at one session or two. But
measuring up goodness by
the number of wet hankies is
very tentative and reminiscent
of the heydays of the Cursillo
when one had to elicit a tearful
sentiment to the satisfaction of
the “rollesta.”
Transformation in human
nature—and so with the clergy—is an itinerary. Or, better,
perhaps, a gestation. Even
Paul of Tarsus was nary an
exception. He had to become
February 2010 / Vol 44 • No 2
Hands across the waters .................................11
Thrice a victim of labor migration ...............20
DEPARTMENTS
Upholding the Rights of Migrant Workers ...16
here is no mistaking that
the 2nd National Congress of the Clergy was
a phenomenal success. The
sight of more than five thousand priests robed in white was
spectacular—during liturgical
celebrations especially at confessions, and on the 1.2-kilometer procession towards Cuneta
Astrodome in Pasay City.
IMPACT
Quote in the Act ................................................. 2
News Features ...................................................14
Statements ..........................................................22
From the Blogs ................................................... 2 6
From the Inbox .................................................. 28
Book Reviews ..................................................... 2 9
Entertainment .................................................... 30
Asia Briefing ...................................................... 31
a recluse in Damascus
for some days before the
miracle of change thumped
the streets. But, of course,
human transformation
maybe understood better
in the macro context of
the economy of salvation—which
really saying too much.
It maybe safe and realistic to
say that the effect of the national
clergy congress, which was actually a retreat, will be felt after
some time, if ever. But definitely,
it will neither be quantifiable nor
even be verifiable in, say, social
surveys. To think otherwise would
be cornering enough the power of
the Holy Spirit—and, one hastens
to add, the gift of Holy Orders. It
would suffice for now to tell that a
great number of priests gathered,
reflected and prayed.
In the meantime, the demands of
evangelization hung like a Jewish
zikaron or even perhaps as a sword
of Damocles in the very core of the
fast-changing lifestyles of priests.
Of late, the laity that is developing
to be not as timid as before has
demanded of the clergy “to hold
high the moral compass that will
light our way, and…to provide the
prophetic pastoral accompaniment
that will strengthen us in fulfilling
our role and mission as sons and
daughters of God.”
The Second Plenary Council of the Philippines already
said this in some other words
nineteen years ago this year.
But then again, even the implementation of plenary councils is
also a journey.
This issue opens with a very
timely article on the Second
National Congress of the Clergy
written by Pinky Barrientos,
FSP. Our staff writer, Fr. Paul
Marquez, pens our cover story
“Upholding the Rights of Migrant Workers” as the country marks the 24th National
Migrants Sunday this month.
On the side story, Fr. Edwin
Corros notes that most Filipino
Migrant Workers do not bother
to know about their rights or the
migrants’ labor policy, perhaps
because they are too engrossed
with the more basic need of their
own and their family’s survival.
Read on.
Volume 44 • Number 2
3
ARTICLES
Second National Congres
A call to spiritual renewal and d
4
IMPACT • February 2010
ARTICLES
By Pinky Barrientos, FSP
Fr. Raniero Cantalamessa, OFMCap
© Roy Lagarde / CBCP Media
© Roy Lagarde / CBCP Media
I
ss of the Clergy
© Roy Lagarde / CBCP Media
deeper commitment
t was breathtaking.
Thousands of priests, their
white garments flailing against the
wind, marched the 1.2 kilometers stretch
of Roxas Boulevard from World Trade
Center to Cuneta Astrodome in Pasay
City for the 3:30 p.m. closing Mass of
the Second National Congress of the
Clergy.
Visibly energized by the inspiring conferences given by Fr. Raniero
Cantalamessa, who guided the fiveday retreat congress, the priests were
all praises with what transpired during
the congress.
“[It is] very exciting to see 5,500
or so priests gathered solely to pray,
celebrating the Eucharist, reciting the
Holy Rosary and going to confessions
and observing the Holy Hour,” said Fr.
Joey Faller, a priest from the Diocese
of Lucena and famous for his healing
ministry.
Fr. Fidel Penafiel, parish priest
of Coron, Palawan said the challenging talks and the spirit of camaraderie
among brother priests have boosted his
feelings and increased his desire to serve
his flock and God more faithfully.
The clergy congress, held at the
World Trade Center from January 25-29
has assembled 5,542 priests across the
country. Some priests from abroad also
came to participate while others who
were here for one reason or another at
the time of the congress took the opportunity to join. Close to a hundred
bishops also participated in the congress
as the event was held right after the
100th plenary assembly of the bishops’
conference.
Organized by the Episcopal Commission on Clergy of the Catholic
Bishops’ Conference of the Philippines,
the event was the highlight of the Philippines Church’s celebration of the Year
for Priests centered on the same theme:
“Faithfulness of Christ, faithfulness of
priests.”
Msgr. Gerardo Santos, a member
of the program committee said the
basic objective of the congress was to
provide the priests a deep and religious
experience that will hopefully lead to a
spiritual conversion and greater commitment.
Record-breaking
Speaking before the 5,542 priestsparticipants that filled the massive hall
Volume 44 • Number 2
5
© Roy Lagarde / CBCP Media
ARTICLES
of World Trade Center during the opening of the second congress on January
25, His Eminence Gaudencio Cardinal
Rosales noted the surge in number of
participants. The first congress, considered historical and unprecedented
because of its 4,000 participants paled
in comparison with the second congress
at least in terms of attendance.
“…we have broken our own record
by filling this hall with more than 5,000
priests,” the cardinal exclaimed.
Former Ambassador to the Vatican
Henrietta de Villa, chair of the NCC II
Central Coordinating Committee said
they ran out of kits and other materials
since they only prepared 5,300 of these.
So those who came late had to make do
with what were given them, prepared
at the last minute.
But like a mother speaking fondly
of her children, De Villa was all praises
for the clergy.
“The priests are so very nice.
They understood, nobody complained
that one has none what the other got.
I guess that’s also a gift of the spirit,”
De Villa said.
An event waiting to happen
Cardinal Rosales said the convening of a second congress for the clergy
was an event waiting to happen since
it has been thought of many times
as soon as the first congress in 2004
concluded.
The first congress was held at a
time when controversies hounded the
Church because of the accusations of
sexual misconduct among some of her
priests, particularly in America and
Europe.
It was different this time though,
6
IMPACT • February 2010
as it was convened as a response to the
call of the Holy Father for the entire
Church to celebrate meaningfully the
year for priests which the Vatican has
promulgated to mark the 150th death
anniversary of the saintly cure of Ars,
St. John Mary Vianney.
According to the cardinal, two attempts have been made since 2004 to
assemble the clergy once again since
many of the participants of the first
congress had asked for a follow up of
the first congress.
“There is spiritual hunger in the
priests and that passion among them
to meet brothers again and that desire
must be encouraged and sustained,” the
cardinal said during the opening of the
second national congress.
Another try was made when the
Holy Father went to Sydney, Australia
to preside the World Youth Day celebration. The thought of having the pope very
near to the Philippines again inflamed
the desire to hold the congress of clergy.
But as divine providence would have it,
again the effort did not materialize.
Nonetheless, the grace of God indeed strikes when the time is right. On
March 16, 2009, in a meeting with members of the Pontifical Congregation for
Clergy, Pope Benedict XVI announced
a special year for priests beginning June
19, 2009 to June 19, 2010 to commemorate the 150th death anniversary of St.
John Mary Vianney.
Year for Priests
In establishing a year dedicated to
the clergy, the Holy Father wanted to
lead the priests into a deeper reflection of the greatness of their priestly
vocation. At the general audience on
June 24, 2009, the pope explained that
the celebration aimed to encourage the
priests in their striving for spiritual
perfection.
“The purpose of this Year for Priests,
…is therefore to encourage every priest
in this striving for spiritual perfection
on which, above all, the effectiveness
of their ministry depends, and first and
foremost to help priests—and with them
the entire People of God—to rediscover
and to reinforce their knowledge of
the extraordinary, indispensable gift
of Grace which the ordained minister
represents for those who have received
it, for the whole Church and for the
world which would be lost without the
Real Presence of Christ.”
The Vatican proclamation signaled
the right time for the CBCP Commission
on Clergy to put into action the congress
plan that has been long prepared, merely
waiting for the right time to be implemented. The plan for a second clergy
congress was ratified during the CBCP
Plenary Assembly last July 2009.
A call to renewal and deeper commitment
Chosen preacher for the five-day
congress was Fr. Raniero Cantalamessa,
OFMCap, who electrified the clergy
with his charismatic preaching punctuated with singing of songs Amazing
Grace (obviously his favorite hymn) and
Lord, Here I Am, and inviting participants to resounding proclamations of
God is love, Christ is risen, etc.
During the congress, Cantalamessa
delivered five meditations which he
always began with a solemn invocation
to the Holy Spirit.
Iba Bishop Florentino Lavarias,
who currently sits as the chair of the
Commission on Clergy said, “Fr. Raniero invited us to call upon the Spirit,
precisely because the congress is focused on interior renewal and every
renewal is the work of the Spirit.”
Cantalamessa’s conferences delved
on the three important elements in the
life of the priests—the Eucharist, the
sacrament of reconciliation and the gift
of celibacy.
The Capuchin monk expounded
on the importance of the Eucharist in
the life of the priests, urging them to
be focused on the person they are representing, who is Jesus.
He also led the clergy to realize
that relationship with Jesus is also a
relationship with the Holy Trinity which
Volume 44 • Number 2
© Roy Lagarde / CBCP Media
7
Second National Congress of the Clergy
8
IMPACT • February 2010
tionship with himself.
Bishop Lavarias, reflecting on the
issue said that alongside recognizing
one’s lack of fidelity is the acknowledgment of God’s fidelity toward us.
Speaking on a personal note, he said,
“I believe that for us priests, Jesus is
fidelity… that I often take for granted,
but taking that for granted I lose sight
of my ministry, the fidelity of one who
called me that I need to manifest and
share to his people.”
A graced moment
Preacher to the Papal household
since 1980, Cantalamessa gives medi-
year in terms of number of participants.
That international retreat assembled
only about 1,500 priests worldwide.
Challenges
To the participants, the words of Fr.
Cantalamessa evoked a refreshing newness, challenging them to a creative response to their priestly commitment.
According to Fr. Fernando Suarez
of the Companions of the Cross, also
known as the healing priest, the greatest challenge for priests is how to be
sensitive and relevant and make people
listen, attract and influence them to go
back to God.
Holding up banners bearing names
of their
respective
dioceses,
the sight of
chasubleclad clergy
in procession for us
members
of the flock
was quite a
statement.
We come
face to face
with the
reality that
our clergy
whom we
often put
up on a
pedestal
are but human beings
like us. They too have feet of clay. But
the realization should not stop there.
Just as they minister to our various needs and walk with us in our
spiritual journey, we too ought to accompany them with our prayers that
they remain faithful to their priestly
commitment.
This was what Cardinal Rosales
stressed once again in his homily during
the closing Mass calling on priests to live
steadfastly their priestly vocation.
“The priest will, therefore, start his
renewal on what is essentially priestly.
The priest is a creature of the Holy
Spirit by virtue of his anointing… Once
anointed, the priest shouts to the entire
world that he already belongs completely, and for all times, to God!” I
© Roy Lagarde / CBCP Media
eventually flows out to others.
Cantalamessa led the clergy to
meditate on the importance of the sacrament of reconciliation on the third day,
guiding the priests to look into themselves and their unworthiness, not to
devalue themselves, but to acknowledge
the failures committed and receive the
gift of forgiveness.
The penitential service followed by
the sacrament of confession was one of
the highlights of the five-day congress.
The entire plenary hall with lights
dimmed and entirely quiet, conjured in
mind the imagery of the prodigal son
seeking the loving forgiveness of the
father, as
priests
lined up
to confess
their sins
to fellow
priests.
“ I t
takes
a
priest to
understand
his fellow
priest,”
Faller said
of the confession.
Capping his
talks on
the
last
day, Cantalamessa
focused on
the gift of
celibacy
which according to
him is founded in a special relationship
and trust in and with Jesus.
The life of celibacy gives the priests
wings to fly. Because of celibacy, the
priest is able to give his undivided attention to the Lord. It is not a burden,
he said.
“As a marriage without love is an
empty shell or even hell, so is celibacy
without love for Jesus can be an empty
shell,” Cantalamessa said.
“This state of life is best of all a
relationship with Jesus. We are not an
unmarried people. We are married only
not to a creature, but to the Creator,”
he stressed.
Relationship in the life of the priest
is relationship with God the Trinity,
relationship with the Church and rela-
tation every Friday during seasons of
Advent and Lent to the Pope, Cardinals,
Bishops and Prelates and General Superiors of Religious Orders.
“This is really a graced moment,”
De Villa said of the retreat. “…Fr. Cantalamessa is such a spiritual man, and
yet very human also in his approach.
He just really came precisely for the
congress upon the invitation of Cardinal
Rosales,” she added.
De Villa said Fr. Cantalamessa
was also moved by the big assembly of
priests that he remarked, “Only in the
Philippines can these things happen, so
many priests in one gathering.”
The former ambassador said NCC II
surpassed the international gathering of
priests in Ars, France held August last
© tfchildrenofthestorm.wordpress.com
Equity,
economy,
and environment
By Rene E. Ofreneo, Ph.D
T
yphoons Ondoy and Pepeng in 2009 bared fully two
major environmental threats to our population and
economy.
First, the unprecedented high level of rainfall unleashed by these storms, which resulted in the destructive floods in Metro Manila and other parts of Luzon, is
directly attributable to the phenomenon of global warming
or climate change (CC). The Philippines happens to be in
the global short list of countries that are most vulnerable
to CC. In fact, CC is also responsible for the long-running
cycle of El Niño/La Niña (drought/excessive rain) weather
aberrations, which have hurt our agricultural sector in the
last two decades. With the global deadlock on the needed
carbon emission reduction, 1 expect more CC-related catastrophes to hit the country, including sea rises that are
likely to inundate many coastal communities and towns of
the archipelago.
Secondly, the twin storms bared the sad state of the
Philippine environment—neglected and badly degraded.
There are no forests to halt the downward flow of the rushing flood water to the low lands, on one hand, and prevent
landslides, hillslides and mudslides in the high lands, on the
other. In most of the cities and urban areas, the flow of flood
water towards the seas is impeded by silted river systems,
clogged/missing esteros, undeveloped/malfunctioning/missing drainage systems and undisposed solid wastes in many
places. The floods in Metro Manila also revealed the failure
of past and present local government units as well as of the
different National Administrations in crafting and enforcing
a national land use policy, a critical component of which is
an urban zoning and development program. For instance,
the Marikina Valley was supposed to remain a valley (not a
major residential/commercial area), a spillway in Paranaque
was supposed to be built in the l980s to prevent floods in
Metro Manila, and, yes, the Laguna Lake was supposed to
be decongested of fish pens, commercial buildings, resorts
and houses.
What then can we learn from the Ondoy-Pepeng episodes?
There are many. But for a group of concerned clergy,
laity, civil society advocates and academics, the triple challenges of coherence, justice and inclusion are key concerns
that must not be neglected in any policy formulation related
to climate change mitigation/adaptation and environmental
renewal. This is the raison d’etre for the formation of the
Climate Change Congress of the Philippines (CCCP), with
Archbishop Antonio Ledesma serving as a Lead Convenor.
Echoing the latest papal encyclical “Caritas en Veritate”,
Archbishop Ledesma calls for people’s unity to insure “intergenerational justice”. Obviously, a failure by the present
generation to mitigate climate change and rehabilitate the
environment means catastrophe for the next generation,
just as the present generation is suffering today from the
environmental abuses of the past.
Two key coherence-justice-inclusion issues raised by
the CCCP are as follows:
One, both environmental threats (CC and degradation)
are people’s issues. People’s lives, homes and livelihoods
Volume 44 • Number 2
9
are the most affected by these threats. The people
should not only be informed about what the government is doing about these threats but should also,
and more importantly, be involved in the crafting of
appropriate responses. It is ironic, for instance, that
the houses of many urban poor victims of Ondoy and
Pepeng are now being demolished without notice,
without consultation and without any clear accompanying program of relocation-cum-employment.
Such a program of demolition, justified in the name
of environmental protection, is a non-solution to the
environmental stress and will only aggravate the
environmental and social tensions in the country.
Two, the twin environmental threats are inextricably linked to the larger issue of what development model must be pursued by the country.
Since its acquisition of Independence in 1946, the
Philippines has been sacrificing the environment
and extracting natural resources in an irresponsible
manner to finance development. From the 1950s
to the mid-1970s, it used its timber and mineral
exports (copper, gold, iron, silver, etc.) to finance its importation of oil, machinery, industrial raw materials and
non-essential goods. From the mid-1970s to the present,
the failure of an export-oriented program dependent on
a few exports (garments, electronics) to take off means
continuing deforestation, destructive mining, decimation
of the country’s mangroves and coral reefs, poisoning of
the air, river, land and water systems (through chemical
agriculture, industrial effluents and unchecked proliferation of smoke-spewing vehicles), and the conversion of
the watershed areas, hillsides, beach fronts, parks and even
irrigated lands into exclusive private resorts, golf courses
and housing/real estate/infra projects for the moneyed elite
and foreign investors.
This unjust and environmentally-destructive development model must stop and must be overhauled. Instead, the
government must put in place, with the participation of all
sectors of society, a program of sustainable development in all
areas of the economy. For example, the Philippines, through
its organic farming advocates, has already accumulated so
much experiences (despite some bureaucratic reluctance and
even opposition in the beginning) in sustainable agriculture
© ricelander.wordpress.com
Equity, economy and environment
that helps renew the soil, creates more jobs, lessens dependence on food imports and rebuilds the forests. Why not a
no-nonsense national program of sustainable agriculture? This
program, of course, will require completion of the agrarian
reform program, the transformation of small farmers into
modern eco-agribusiness producers and the abandonment
of the policy of agricultural import liberalization.
In services, there are examples of the unlimited potentials
of a green economy model, e.g., eco-tourism in Palawan
and Bohol. The challenge is how to integrate environment
in the business planning of every service industry and make
environment as its selling point.
In industry, a green economy model means more investments on environmentally-friendly but value-adding and
job-creating projects such as green transport facilities, green
buildings, mass transport, recyling and renewable industries
and so on. A happy outcome of such effort should be the
abandonment of the low-technology-cheap-labor policy in
favor of higher-technology-higher-labor-productivity arrangement, which is only possible through a mutual recognition by both labor and management of their responsibility
to each other and to the larger society. In short, a shift to a
green economy is a formula for industrial peace and
higher level of industrial development.
Clearly, addressing the twin threats of climate
change and environmental degradation can also
be an opportunity to unite the people in renewing
the environment and the economy. Is Philippine
society prepared for such a renewal? The CCCP’s
answer: Oras Na, or as the young generation puts
it, Now Na. I
© gva-environment.blogspot.com
ENDNOTE:
[1] In the December 2009 Summit on Climate Change, the
big developed and developing countries, which are the big
global emitters of carbon dioxide, failed to make concrete
commitments on emission reduction. Hence, the frustration of
reduction advocates, who were hoping Copenhagen to become
Hopenhagen and who now call the city Brokenhagen. The
Philippines is a low carbon emitter because its industrialization
failure means it has no major industry emitters, while its denuded
forests means it has no large forests to burn, as what seems to
be happening in Brazil and Indonesia.
10
IMPACT • February 2010
ARTICLES
By Mario Añabieza & Paul Watts
T
here are unique challenges that
face the world’s 20 million smallscale fisherfolk in the Philippines, including higher poverty rates and
declining fish catch. A recent program
sponsored by Volunteer Services Overseas (VSO) International and the Philippine Aurora State College of Technology
(ASCOT) has led to new partnerships
involving local government and nongovernment organizations. Together
transformation in less developed countries with limited government resources
also requires the direct grassroots involvement of fisherfolk in a bottom-up
or beneficiary led approaches.
Fisherfolk involvement
Mario Añabieza, a fisherman has
worked for many years on the development of PAMANA Ka sa Pilipinas,
the national fisherfolk alliance of marine protected area (MPA) managers.
Pamana is helping to transform 120
within the next twelve months, based
primarily upon volunteer fisherfolk
involvement.
Increasingly, academic research
supports the beneficiary led approach as
critical for the changes required in marine sustainability, particularly in less
developed countries. MPAs represent a
potential to merge aspects of traditional
and local ecological knowledge with
other scientific approaches and create
renewed hope for improved livelihoods
and sustainable fisheries. Linking in-
Hands across the waters
Sustainability through Philippine fisherfolk empowerment
these agencies
along with
PAMANA Ka
sa Pilipinas,
the national
fisherfolk alliance of marine protected
area (MPA)
managers have
initiated an
approach that
has continued
even after the
closing of the
VSO placement program
in the country.
Although
VSO volunteers are no
longer sent
to the Philippines, a new
international
organization,
D A L U H AY,
has emerged to continue the work with
ASCOT, Pamana and local government.
The focus of this partnership is on local
and national changes that create empowerment and sustainability within marine
livelihoods and support the nutritional
health of Filipinos.
The Philippines depends more upon
marine protein than any other large
Asian country. Managing marine ecosystems are most often considered by jurisdictions and international agencies as
a top-down activity. However, fisheries
dividual MPAs
i n t o l a rg e r
ecosystem approaches is
not easy, especially given
the limited
communication resources
in less developed countries
such as the
Philippines.
The challenge
is to synthesise ecosystem
plans across
jurisdictional
and ag ency
boundaries.
As the number
one global priority for marine biodiversity and related
FIGURE 1. Marine Bioregions of the
livelihoods,
Philippines and MPAs of
the Philippine
Aurora Province
waters have
individual Filipino communities into been divided into just 6 marine bioreone voice for positive change and sus- gions. The North Philippine Sea is one
tainability. Local marine tenure, shared of these bioregions with 10 provinces
administrative or enforcement resources along the open Pacific seaboard, where
and advocacy activities form the core of Pamana has previously had very few
Pamana’s organizational actions. Cur- members. Aurora Province is strategirently through a Canadian-Philippine cally located half way along the coast
collaboration led by Daluhay, Pamana is of this sea (Figure 1).
revitalizing its national communication
network and considering further their Ecosystem-based management
Paul Watts is a Canadian ethnoecolrole and potential partners in local health
(and nutrition) programs. One goal is to ogist recruited by VSO International as
create a new strategic plan for Pamana to work at ASCOT on the sustainability
Volume 44 • Number 2
11
ARTICLES
12
IMPACT • February 2010
best be measured by the level of integration with local government. It is not
just the location of Aurora Province
that makes it a good choice to form the
secretariat for the evolving bioregional
program. Through the leadership of
Governor Bellaflor Angara-Castillo and
USAID financial support, an Aurora
Inter Local Government Unit (LGU)
Coastal Resource Management unit was
formed. Initially, four of seven Aurora
coastal municipalities cooperated on
an Inter-LGU Fisheries Management
Plan. The initiative was led by several
offices and coordinated by Reymar
Tercero. Strategically, this province
wide approach to CRM assists local
municipal governments in coordinating
activities over larger areas that better
represent shared fish stocks. Further,
working in cooperation with the University of Philippines Marine Science
Institute, the local partnership was able
to determine a need for inter-provincial
collaboration, particularly on the shared
deep water tuna stocks. In parallel activities, Pamana has been developing
baywide cooperative strategies amongst
its members and partnerships with corporate agencies such as SMART. The
merging of these approaches has led to
the concept of the North Philippine Sea
Marine Bioregion program, in part based
upon strategic MPA activities.
Health linkages
The marine resources of the world
are in decline and this is particularly
evident in the Philippines and Aurora
Province. Globally, MPAs are the functional ecological unit that links fisherfolk with the marine science approach.
MPAs are often considered critical
interventions for the sustainability of
nutritional health within communities,
yet little data is available. This linkage
within the Philippines and Pamana’s
unique role was one topic of discussion
Contributed photo
and ecohealth from the perspective
of people as part of the ecosystem.
Through this initiative there emerged
a Philippine first Marine Bioregional
approach to the North Philippine Sea.
Previously, fisheries management in the
Philippines has been generally limited
to smaller areas often defined by specific coral reefs rather than fish stocks
associated with bioregions.
The current goal is to strategically
develop the capacity of both jurisdictions and beneficiaries to scale up local
and MPA activities for larger (bioregional) ecosystem-based management. The
North Philippine Sea is a strategic area
to build inter-provincial cooperation due
to a fisherfolk dependence on deep water
or pelagic fish species. The fish stocks
migrate over large areas and require a
similar scale approach to management
and resource partitioning.
However, the success of any resource/livelihood program can perhaps
Hands across the waters
Social process
There is a tendency in fisheries science to focus on specific mathematical
research results, such as a change in
catch per unit effort or fisheries production. However, a focus on social-process
and human transformation is equally if
not more critical than the biophysical
side of fisheries. There is competition
for coastal resources between individual
fishing communities; between communities and commercial operations, and
even with other activities such as tourism. Emerging from the international
program of VSO, ASCOT has adopted
a mandate that includes placing priority
on communication and coordination that
can help to transform these competitive
situations into a joint plan for sustainability. ASCOT, through the creation
of a visiting Chair in Ethnoecology
initiated an academe-jurisdictional partnership effectively scaling down from
provincial governance and up though
all seven coastal municipalities and
their fisherfolk. We are now reaching
out to the other nine provinces in this
marine bioregion.
Advancing this approach to socialprocess requires the engagement of a
wide range of organizations. The public
participation approach to considering
ecosystem capacity has been integrated
through a successfully completed action
research doctoral thesis at the South
East Asia Interdisciplinary Institute. In
partnership with the Maximo T. Kalaw
Institute of Sustainable Development,
Eduardo Macose, Director of ASCOT’s
Extensions program focused his thesis
on the participation process, including
representation from civil society, the
church and the general public. These
linkages provide a strong advocacy
base for advancing social-process, local
fisherfolk empowerment and directional
change.
Consensus and capacity building
The next phase of the fisherfolk
program will involve establishing the
inter-provincial and bioregional consensus building process. This developing program has now been endorsed
by the University of the Philippines
Marine Science Institute, the Aurora
Marine Research Institute and the
Philippine Commission on Marine
and Aquatic Research and Development. Perhaps many future ecological
interventions involving less developed
countries might occur on a similar fashion: identifying common ecosystem
resources and building inter-agency
and inter-jurisdictional consensus towards shared goals.
The Aurora program has now compiled a province-wide summary of fish
harvest and fisherfolk for Aurora and
has invited the other nine Governors
and provinces on the North Philippine
Sea (Sorsogon, Albay, Catanduanes, Camarines Sur, Camarines Norte, Quezon,
Isabela, Cagayan and Batanes) to share
leadership in a bioregional approach.
Fisherfolk reaching across the waters
to communicate and, with government
help, to produce similar fisheries data
sets could be an effective way of managing large ecosystems.
From a management standpoint,
the Aurora combination of top-down
and bottom-up approaches focuses
strategically on capacity building towards ecological integrity priorities.
This strategy emphasises the (poorly
researched) relationship between human
health and ecosystem health, now known
internationally as ecohealth. Pamana has
previously been an organization that
would consider applications for organizational membership. However, the
current North Philippine Sea initiative
is intended to reach out and empower
fisherfolk themselves through Pamana,
to facilitate stronger local, MPA and
bioregional management approaches.
This program brings fisherfolk and their
supporters together, extending hands
across many oceans to lend support and
build advocacy towards better livelihoods and a sustainable planet. There
is a saying in the Philippines – pa-untiunti or ‘little by little’….together we
move forward. I
Contributed photo
at a December 2008 Forum in Merida
Mexico, sponsored by the International
Ecohealth organization. The Ecohealth
organization focuses on the health
linkages between the environment and
people; considering their inseparable
value. The application of local, institutional and social mechanisms to the
ecological approach can be extended
through representation to create a
shared forum for larger ecosystem
units such as the Marine Bioregions
of the Philippines. This participatory
approach for primary beneficiaries
has the potential to apply the wealth
of knowledge and efforts of fisherfolk
to large marine ecosystems. Through
engaged fisherfolk, MPAs can also provide additional opportunities for large
scale monitoring and research. The
current approach to the management of
change is meant to focus strategically
on sustainability and ecohealth, not
exclusively on jurisdiction, institutions
or specific beneficiary groups. Currently in Aurora we are analyzing the
results of a province wide participatory
process with fisherfolk and Pamana,
in relation to a national assessment of
established Pamana members.
Volume 44 • Number 2
13
NEWS
FEATURES
Taize pilgrimage heralds a change of heart
MANILA, Feb. 6, 2010—Meeting the challenges in the
world, from social to political, requires an individual change
of heart, a religious leader said.
Brother Alois Löser, head of the Taize ecumenical group,
said major problems in the world demand more than just
economic and technological proposals.
Bro. Alois had looked at the world’s problems from the
point of view of the work that the Church, as the family of
God, has to do.
Such challenges, according to him, require an ethical
behavior which respects
the principles of universal solidarity, social justice and responsibility.
“We all feel that
there needs to be major
changes in our world.
The structures of our
societies and patterns
of thought from the past
are providing to be inadequate and insufficient
to create greater justice on earth, to reduce
poverty, to ensure that
persons and peoples can
live together in peace,”
Bro. Alois said.
“But we (must) also
discover that necessary
change, particularly an
overhaul of the world economic and financial system, is not
possible without a change in the human heart,” he said.
Bro. Alois made the statement during the “Taize Pilgrimage of Trust” held at the Don Bosco Technical Institute in
Makati City.
Pilgrims
Around 3,000 young pilgrims—Christians and Muslims—from Asian countries as well as from Europe, Australia, New Zealand and even from North America attended
the gathering.
Bro. Alois stressed that in today’s world, people “thirst
for life in (its) fullness.”
In every human heart there is longing, the longing to
be loved and to love, he said. At the same time, he added,
people experience that said longing is only rarely satisfied,
and never for all time.
“From discouraging us, this can allow us to discover over
and over again a personal communion with God,” he said.
“And then our heart changes. And not only our heart,
but also our way of looking and our behavior.”
“We become more capable of discerning what is good
and what is bad; without being naive we become better
able to dialogue, to reach out to others, to make our life a
pilgrimage of trust,” said Bro. Alois, adding that “And in
this way we will contribute as believers to help determine
the face of the new world that is emerging.”
The pilgrimage at the Don Bosco ended on Feb. 7 with
a Eucharistic celebration led by Manila Archbishop Gaudencio Cardinal Rosales and several other bishops and priests.
(Roy Lagarde)
Interfaith leaders to tackle roots of poverty
JAKARTA, Indonesia, Feb. 1, 2010—
Poverty, climate change and a lack of
education and good governance are the
key factors robbing people of their right
to a decent life, 70 religious leaders
from Indonesia and the U.S. who met
here say.
“We believe these concerns present
common challenges and responsibilities
to each of us and our communities.
“We are committed to taking common action on urgent challenges that
confront us all,” the leaders said in a
joint recommendation issued at the end
of an interfaith forum last week.
The recommendations were presented jointly by Cardinal Theodore
McCarrick of Washington D.C. and
Bachtiar Effendi of Muhammadiyah
Indonesia’s second-largest Islamic organization.
Vast numbers of people are trapped
in “unprecedented structural poverty”
and denied any means of escape.
“Our religious communities are urgently called to respond to this structural
14
IMPACT • February 2010
poverty in new ways so as to enhance
our communities’ already established
and valuable practices of charity and
philanthropy,” they said.
It was essential and urgent to educate religious communities on the causes
of structural poverty and to work with
governments.
Local religious communities, women’s and youth groups and schools will
contribute to grassroots-led development and public health programs, the
leaders said.
They will plan to develop multireligious partnerships while engaging
the public sector in order to equip
local religious communities for such
programs.
Rapid global warming, pollution
and the depletion of natural resources
have threatened the foundation of human life.
“Our religious communities are
called to protect the integrity of the
environment, even while they are also
called to advance a just and sustainable
development for all,” they said.
In education it was important to
promote the freedom of belief for all and
to honor the value of diverse religious
contributions to the good of society.
“Religious communities must equip
themselves to work with each other to
advance the common good while retaining their distinct religious identities,”
they said.
They also called upon the existing
Indonesian, American, and international
religious and multi-religious bodies to
both support them and join them in their
commitment to shared action.
Tod Brown, president of the US
Conference of Catholic Bishops (USCCB) also attended the meeting.
On the Indonesian side, participants
included leaders of the Indonesian Bishops’ Conference, Indonesian Council of
Churches, Confucian Supreme Council
in Indonesia (Matakin), Indonesian
Buddhist Council (Walubi), Muhammadyah, Nadhlatul Ulama (NU), the
Indonesian Ulema Council (MUI) and
the Indonesian Committee for Religions
and Peace. (CNA)
NEWS
FEATURES
CBCP official
210 million migrants on the move
awarded for work
for the New Year of the Tiger
with Mangyans
MANILA, Jan. 31, 2010—An SVD missionary who has recently been appointed
executive secretary of the Episcopal
Commission for Indigenous People of
the Catholic Bishops Conference of the
Philippines (CBCP) has been cited for
his exemplary mission work among the
Mangyan people.
Fr. Ewald Dinter, SVD, who spent
more than 40 years of his life serving the
Mangyan communities of Oriental Mindoro was given the Saint Joseph Freinademtz Award for epitomizing “prophetic
dialogue and inculturation on his mission
contribution, following the charism of the
SVD and its founding generations.”
The awarding was held January
29 at the Fr. Peter Yang Hall, St. Jude
Catholic School, Manila capping the
three-year centennial celebration of
SVD’s “100 years of missionary presence” in the Philippines.
Awarded together with Dinter were
other SVDs and a lay person who have
made significant contribution in the
mission of helping the poor.
Fr. Leo Schmitt, SVD, received the
St. Arnold Janssen Mission Award for
building low-cost housing for the poor,
while Fr. Wilhelm van Kuijk, SVD, a 98
year-old missionary who has spent 61
years in the Philippines was conferred
the Centennial Award for his missionary
and religious commitment.
Meanwhile, Mrs. Beatriz Buenavista-Evangelista, a lay person who ministered among the prisoners in Quezon
City Jail was given the Divine Word
Award for her meritorious contribution
in the mission.
Organizations and institutions who
are closely involved in the promotion
of SVD mission were also cited.
The Samahang Bagong Buhay
Foundation, Inc. was conferred the
Vivat Cor Iesu Award for its role in
accomplishing Fr. Schmitt’s housing
projects.
The Communio Award went to St.
Martin Mission Hospital of Sablayan,
Occidental Mindoro for helping and
treating poor and indigenous peoples
despite financial constraints.
The St. Jude Archdiocesan Shrine
and Parish in San Miguel, Manila was
BEIJING, China, Feb. 6, 2010—
Tens of millions of migrants begin
their exodus for the Chinese New
Year which falls on 14 February,
to return home from the big cities
where they work. But this time
many of them are hoping to find
work close to their rural village
and stay there.
For the vast majority of immigrants, the New Lunar Year is the
only opportunity to return home,
where many have left parents and
children. The railways are besieged
by endless queues of people laden with bags and it is estimated there will be
no less than 210 million passengers in 40 days, the equivalent to the population of Russia, even for trips lasting more than 20 hours on uncomfortable
wooden seats, carrying their homemade meals.
This year, many migrants hope to find work close to home and not come
back to the big cities, where for decades they live as second-class citizens
without health care or free schooling for their children, with little protection
at work and forced to pay high rents to live in several in-room dormitories.
On February 3 in Zhengzhou (Henan) the farmer Wu Xianmin stabbed
to death two migrant workers who were protesting against the wage cuts to
3 Yuan (less than 30 euro cents) per day.
In the crowded station in Guangzhou, Li Beiyong tells the South China
Morning Post that during the holidays she will seek "a decent job near home."
Li, 24, works as a waitress in a hotel in Ningbo, south of Shanghai, and earns
1500 Yuan per month. "The pay might be lower- she says-but the cost of living is also less. There I might get on better".
Just a year ago, many migrants returned from their holidays to find their
factories closed, with no warning. Now, by contrast, there is a shortage of
manpower. Many migrants find work nearer home, now that the poor interior
provinces are becoming more prosperous in addition to the declining age of
the working population as a result of single-child policy and young people
seeking better jobs than manual labour.
Finally, government funding, to stimulate the economy, has created jobs across
the country and thus removed the workforce from the factories in the east.
Beijing wants to stimulate the creation of jobs throughout the country, to
make the economy less dependent on exports abroad. To the point that many
factories have even increased wages, in need of manpower. (AsiaNews)
conferred the Fr. Peter Yang Award for
its contribution to the SVD Chinese
mission in the Philippines.
The Catechists of Abra were given
the Abra Mission Award for their long
and enduring apostolate of religious
instruction particularly in the public
schools of Abra.
The SVD awards committee also
gave a Special Recognition Award to
the Congregation of the Immaculate
Heart of Mary (CICM) for the support
they have given to the SVD mission in
the Philippines.
The eight awardees received a goldplated medallion and a P50,000.00 cash
reward each.
The SVD Mission Awards was
launched last year by the Society of
Divine Word in partnership with St. Jude
Catholic School during the centennial
celebration of SVD’s missionary presence in the country.
The awards aim to recognize Catholic and non-Catholic individuals, groups,
and, institutions that greatly contributed
to the realization of SVD's mission in
the country. (CBCPNews)
Volume 44 • Number 2
15
COVER
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By Fr. Paul Marquez, SSP
T
Comprehensive UN Treaty on Migrants’ rights
he International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their
Families is the most comprehensive international
treaty dealing with the rights of migrant workers and the
latest of the seven so-called core international human rights
conventions, which together form the United Nations human
rights treaty system.
The drafting of the Convention began in 1980, after
the United Nations General Assembly established an Openended Working Group to draft an international instrument
for the promotion and protection of the rights of migrant
workers. Membership of the Working Group was open to all
UN member States and it benefited the cooperation of the
UN Commission on Human Rights, the UN Commission for
Social Development, ILO, UNESCO and WHO. The Working Group met annually during General Assembly sessions
and after ten years of negotiations produced the text of the
International Convention on the Protection of the Rights of
All Migrant Workers and Members of Their Families. The
Convention was adopted without a vote and opened for
signature pursuant to General Assembly resolution 45/158,
on 18 December 1990.
The Convention does not stand in isolation but on the
one hand complements internationally recognized labor
standards and on the other hand specifies the application
of generally recognized human rights standards to migrant
workers and their families. The Convention protects the human rights of migrant workers at all stages of the migration
process, in the country of origin, the country of transit and
the country of employment, by imposing ensuing obligations
on States parties.
International Migration Convention entered into force
On July 1, 2003, the International Convention on the
Protection of the Rights of all Migrant Workers and Members
of their Families entered into force, when the threshold of 20
ratifying states was reached in March 2003 after the states of
El Salvador and Guatemala had ratified the Convention.
Twenty-two states have ratified the Convention on Migrants’ Rights in the following years: Egypt, Morocco (1993),
Seychelles (1994), Colombia, Philippines, Uganda (1995), Sri
Lanka, Senegal, Bosnia & Herzegovina (1996), Cape Verde
(1997), Azerbaijan, Mexico (1999), Ghana, Guinea, Bolivia
(2000), Uruguay, Belize (2001), Tajikistan, Ecuador (2002)
and El Salvador, Guatemala, (2003) Mali (acceded).
The ratification of the Convention by a state means that
the legislative or law-making branch of its government has
adopted the Convention and promised to incorporate it into
its national laws. From 1 July 2003, these countries (included
in the list above) will be legally bound by the Convention.
Moreover, the application of the Convention will be
monitored by the Committee on the Protection of the Rights of
All Migrant Workers and Members of their Families (CMW).
Ten experts will be recognized as impartial authorities in
the field by the Convention and will be elected by the states
that have ratified the Convention (article 72). It held its first
session in March 2004.
At its second session, held from 25 to 29 April 2005 in
Geneva, the Committee discussed its working methods in
16
IMPACT • February 2010
UPHOLDI
RIGH
OF MIG
WORK
ING THE
HTS
GRANT
KERS
COVER
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relation to the consideration of States reports. The Committee
decided that it will follow the practices developed by other
human rights treaty bodies. In particular, after a report has
been received from a State party, the Committee will welcome
supplementary information from civil society and NGO’s
including alternative reports in order to enable it to develop
a balanced view of the situation in the country concerned.
In recognition of its expertise in labor related matters,
the Convention assigns a special role to the International
Labor Office both specifically to assist the Committee with
the consideration of States parties’ reports and generally to
participate in the Committee’s meetings in a consultative
capacity. The Committee also pursues regular dialogue with
other specialized agencies and intergovernmental organizations as well as with non-governmental organizations.
A Response to Migration: A Global Phenomenon
The United Nations Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families is an international response towards migration, a global
phenomenon. In 2005, the number of international migrants is
between 185 and 192 million. This represents approximately
three per cent of the world population, and is comparable to
the population of Brazil. Nearly all countries are concerned
with migration, whether as sending, transit, or receiving
countries, or as a combination of these. International migration has become an intrinsic feature of globalization.
The Convention constitutes a comprehensive international treaty regarding the protection of migrant workers’
rights. It emphasizes the connection between migration and
human rights, which is increasingly becoming a crucial
policy topic worldwide.
The Convention on Migrant Workers defines the rights
of migrant workers under two main headings: a) Human
Rights of migrant workers and members of their families
(Part III): applicable to all migrant workers (undocumented
included); b) Other Rights of migrant workers and members
of their families (Part IV): applicable only to migrant workers in a regular situation.
Human Rights of Migrant Workers and Members of
their Families
The Convention is not proposing new human rights for
migrant workers. Part III of the Convention is a reiteration
of the basic rights which are enshrined in the Universal Declaration of Human Rights and elaborated in the international
human rights treaties adopted by most nations.
The Convention seeks to draw the attention of the international community to the dehumanization of migrant workers
and members of their families, many of whom being deprived
of their basic human rights. Indeed, legislation implementing other basic treaties in some States utilizes terminology
covering citizens and/or residents, de jura excluding many
migrants, especially those in irregular situations.
•Basic freedoms
Applying these fundamental rights to migrant workers
and members of their families, the Convention provides for
their right to leave and enter the State of origin (Art. 1). The
inhumane living and working conditions and physical (and
sexual) abuse that many migrant workers must endure are
covered by the reaffirmation of their “right to life” (Art. 9)
and prohibition against cruel, inhuman or degrading treatment
Volume 44 • Number 2
© Roy Lagarde / CBCP Media
17
COVER
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Other Rights of Migrant
Workers and Members of their
Families
Providing additional rights
for migrant workers and mem-
18
United Nations, New York City
IMPACT • February 2010
am
.walsh.n
e
bers of their families in a regular situation, the Convention
seeks to discourage illegal labor migration, as human problems are worse in the case of irregular migration.
•Right to be temporarily absent
Migrant workers should be allowed to be temporarily
absent, for reasons of family needs and obligations, without
effect on their authorization to stay or work.
•Freedom of movement
They should have the right to move freely in the territory of the State of employment and they should also be
free to choose where they wish to reside (Art. 39).
•Equality with nationals
Migrant workers must have access to educational,
vocational and social services. In addition to the areas
mentioned in Article 25, migrant workers and members of
their families shall enjoy equality with nationals of the State
of employment in the following areas: access to education,
vocational guidance and placement services, vocational training, retraining, housing including social housing schemes,
protection against exploitation in respect of rents, social and
health services, cooperatives and self-managed enterprises,
access to participation in cultural life (Art. 43). Members
of the families of migrant workers also shall enjoy equality
with national of States of employment in having access to
these services (Art. 45). Migrant workers shall enjoy equality of treatment in respect of protection against dismissal,
unemployment benefits, access to public work schemes
intended to combat unemployment in the event of
loss of work or termination of other remunerated
activity (Art. 54).
• Employment contract violations
When work contracts are violated
by the employer, the migrant worker
should have the right to address his
or her case to the competent authorities in the State of employment (Art.
54 (d)). They shall have the right to
equal treatment with nationals and
be entitled to a fair and public hearing by a competent, independent
and impartial tribunal established
by law (Art. 18, 1).
• Rights of undocumented
(‘illegal’) workers
The Convention recognizes that “the human problems
involved in migration are even
more serious in the case of irregular migration” and the need
to encourage appropriate action “to prevent and eliminate
clandestine movements and
trafficking in migrant workers, while at the same time
assuring the protection of their fundamental rights”
(Preamble). As
measures for preventing and eliminating illegal labor
© norman
or punishment (Art. 10) as well as slavery or servitude and
forced or compulsory labour (Art. 11). Migrant workers are
also entitled to basic freedoms like the freedom of thought,
conscience and religion (Art. 12), and the right to hold and
express opinions (Art. 13). Their property should not be
confiscated arbitrarily (Art. 15).
•Due process
The Convention then goes on to explain in detail the
need to ensure due process for migrant workers and members
of their families (Art. 16-20). Investigations, arrests and detentions are to be carried out in accordance with established
procedures. Their right to equality with nationals of the State
before the courts and tribunals must be respected. They must
be provided with necessary legal assistance, interpreters and
information in a language understood by them. When imposing
a sentence, humanitarian considerations regarding the person’s
migrant status should be taken into account. The arbitrary
expulsion of migrant workers is prohibited (Art. 22).
•Right to privacy
A migrant worker is entitled to his or her honor and
reputation and also privacy, which extends to one’s home,
family and all communications
(Art. 14).
•Equality with nationals
Migrant workers are to be
treated as equal to the nationals
of the host country in respect of
remuneration and conditions of
work [overtime, hours of work,
weekly rest, holidays with pay,
safety, health, termination of
work contract, minimum age,
restrictions on home work, etc
(Art. 25)]. Equality with nationals extends also to social security
benefits (Art. 27) and emergency
medical care (Art. 28).
•Transfer of earnings
On completion of their
term of employment, migrant
workers have the right to transfer their earnings and savings
as well as their personal effects
and belongings (Art. 32).
•Right to information
They have the right to
be informed by the States concerned about their rights arising
from the present Convention as
well as the conditions of their
admission, and their rights and
obligations in those States. Such
information should be made
available to migrant workers
free of charge and in a language
understood by them (Art. 33).
© Roy Lagarde / CBCP Media
Upholding the Rights of Migrant Workers
migration, the Convention proposes that the States concerned
should collaborate in taking appropriate actions against
the dissemination of misleading information relating to
emigration and immigration, to detect and eradicate illegal
or clandestine movements of migrant workers and impose
sanctions on those who are responsible for organizing and
operating such movements as well as employers of illegal
migrant workers (Art. 68). However, the fundamental rights
of undocumented migrant workers are protected by the
Convention (Art. 8-35).
The Outcome of a long Process
The Convention is the outcome of a long process at the
international level. Human flaws have always been a concern of the international community and of UN agencies.
The 1951 Convention on Refugees constituted a crucial
step in improving the fate of refugees and in establishing
global management of this issue. The International Labor
Organization (ILO) has elaborated two Conventions that
aim at protecting migrant workers: Convention 97 (1949)
and Convention 143 (1975). In the seventies, it was recognized that migrants constitute a vulnerable group and that
the promotion of human rights for this population required
a special UN convention.
A working group was created in 1980, chaired by Mexico.
It drew up the International Convention on the Protection
of the Rights of All Migrant Workers and Members of Their
Families, which was adopted at the 69th plenary meeting of
the General Assembly on December 18, 1990.
A campaign for the Ratification of the Convention
was launched in 1998, following several other initiatives
promoting the ratification of the Convention. The Steering
Committee of the Campaign was convened in Geneva by an
NGO called Migrants Rights International, with the objective
of establishing a broad base for a global campaign for the
ratification and entry into force of the Convention. Currently,
the Steering Committee of the Campaign is composed of
organizations: UN agencies, trade unions, NGOs and other
international organizations. Three United Nations entities
belong to the Steering Committee of the Campaign:
•The United Nations High Commissioner for Human
Rights (UNHCHR) has a Special Rapporteur dealing with
the human rights of migrants;
•The International Labor Organization (ILO) deals with
the promotion and protection of labor standards. As such, it
is active in the protection of migrant workers’ rights;
•The United Nations Educational, Scientific, and Cultural Organization (UNESCO) is concerned with migrants’
human rights and with the promotion of migrants’ social
integration, as well as with the protection of cultural diversity.
The International Organization for Migration (IOM) is
also a member of the Steering Committee. IOM is a leading international organization in the field of migration. It is
an intergovernmental agency outside the UN system with
some 100 members. It seeks to advance the understanding
of migration issue and to promote the orderly management
of migration to the benefit of both migrants and societies.
Ratification of the Convention
The status of the ratification of the Convention remains
below expectation. After it was adopted by the General Assembly, it took thirteen years for the Convention to collect
the twenty ratifications necessary for its entry into force, on
1 July 2003. As of today the Convention has been ratified
by 29 State parties.
The role of non-governmental organizations in campaigning for the entry into force of the Convention has been
quite remarkable. They were the driving force in the Steering Committee of the Global Campaign for Ratification of
the Convention which was first covered in 1998. This was
a unique alliance involving the United Nations secretariat,
Volume 44 • Number 2
19
COVER
S TO RY
Obstacles to Ratification
This brings us to the question of the possible obstacles
to ratification. How is it that the Convention has met with
so little enthusiasm by States, including those States who
are usually quick to champion human rights? UNESCO has
carried out several interesting studies on this matter.
Firstly, it is obvious that the contents of one or other
provision may be unacceptable to some States, for instance
because it would give rights that would go beyond its capacities. Fortunately, the Convention itself has foreseen
the possibility of entering reservations to the application
of certain articles. This obstacle is therefore one that can
be overcome by a careful study of the compatibility of the
domestic legislation with the rights contained in the Convention, and the drafting of pertinent
reservations.
Secondly, the Convention has
given rise to many misconceptions.
One of the common misconceptions is the often expressed opinion
that the Convention favors irregular migration. It is clear from the
text of the Convention that it does
not and that, on the contrary, the
concept of giving rights to irregular migrant workers was inspired
not only by the basic principle of
respect for the dignity of all human
beings, but also by the desire to
discourage recourse by employers
to irregular labor by making it
much less advantageous, as unequivocally expressed in the
preamble of the Convention.
Thirdly, many countries fear the high cost of developing
an infrastructure for the implementation of the Convention.
The Convention is a long and complex instrument that provides many rights in different fields, and the implementation
thereof consequently involves many government departments, coordination of which may not be an easy task. It
is illustrative in this respect that none of the States parties
© ishamaec.wordpress.com
intergovernmental agencies and leading international human
rights, church, labor, migrant and women’s organizations.
The Steering Committee’s activities at international and national levels in order to publicize and raise awareness of the
Convention through the Global Campaign led to a salutary
increase in the number of ratifications and signatures.
It is worth nothing that the 29 States parties are principally sending States, although
some of them are also transit
and receiving States. None of
the major receiving States has
ratified the Convention. When
we consider the geographical
distribution of the States parties,
we note that 12 are from Africa,
9 from Latin America and the
Caribbean, 7 from Asia, and 1
from Central and Eastern Europe.
Another 15 States have signed but
not ratified the Convention. As of
May 2005, no Western State has
signed or ratified the Convention, although some of them were
actively involved in the Convention’s drafting process.
By Fr. Edwin Corros, CS
J
oven de la Cruz (not his real name)
was a former overseas Filipino
worker (OFW) from Antipolo, Rizal.
He has sought the assistance of the
Episcopal Commission on Migrants and
Itinerant People (ECMI), complaining
of harassment from the lending agency
that paid his placement fee to get a job
in Taiwan as a factory worker. He was
repatriated when the factory where he
was employed temporarily cut down its
operations due to lesser demand of IT
products in United States and Europe
because of global economic recession.
Afraid of being jailed for not paying his
debts, he sought ECMI’s help.
When he arrived in Taiwan in March
2008, De la Cruz did not find anything
unusual about his employment. Three
months later, his employer announced
that the factory will operate only thrice
a week. This meant that Joven and
other foreign migrant workers would
only work three days weekly, hence, will
also receive a salary that was equivalent
to the three-day job. The company’s
management had explained that it could
20
IMPACT • February 2010
not afford to pay all the workers due
to the low demand of their company’s
product. With his salary cut into almost
half of his initial monthly wage, Joven
had to face the consequence of being
unable to pay his debts arising from the
placement fee he had borrowed in the
Philippines. Added to this burden, the
workers also had to pay their board and
lodging on days they were not working.
This unexpected turn of events came as
a big blow to Joven and his co-workers.
All they could do was to wait for their
condition to improve.
Few weeks later, the company offered the migrant workers the possibility
of repatriation with a free airline ticket.
Realizing that he had just been working without saving, plus the fact that
his salary was not enough to pay his
debts, Joven had immediately accepted
the offer. Before leaving Taiwan he was
asked to sign a document implying he
had resigned from work. Although he
was not sure of the consequence of
such decision, he decided to sign the
document because he did not have
the chance to seek help from the
Manila Economic and Cultural Office
(MECO) in Taipei, the Philippines de
facto embassy.
A month after his arrival in the country, Joven started receiving a statement
of account from the lending company
that paid his placement fee for Taiwan.
He called up the lending company explaining why he was not able to pay his
debt. Unfortunately, after explaining his
incapacity to pay, he received a stronger
letter demanding that he pay his debts
including accumulated interests and
surcharges or else he will be brought to
court. It was this threat of being jailed
that brought Joven to seek ECMI’s help
through the Antipolo Diocesan Commission for Migrants.
The case of Joven is a usual
example how some overseas Filipino
Upholding the Rights of Migrant Workers
Recommendations
The range of obstacles to the acceptance of the UN Convention on Migrants’ Rights is wide, and fostering further ratifications of this treaty will require substantial effort. Among the
possible ways of achieving this goal, one can notably mention
the following recommendations:
Promoting a better understanding of the content of the
Convention; given the misconceptions surrounding this treaty,
it is worth repeating that more information is needed.
A campaign in favor of the notion of rights for migrants
and of the situation of undocumented migrants; the idea that
migrants constitute a vulnerable group and that they need
adequate legal protection is not yet accepted and needs to be
promoted. Similarly, the idea that undocumented migrants
deserve a minimal degree of legal protection meets strong
opposition. It is necessary to stress the socio-economic
contributions made by both documented and undocumented
migrants, even if access to rights should never be conditioned
to economic considerations.
Developing capacity-building in migration policies and
workers are cheated and abused by
exploitative recruiters who take advantage of migrant workers’ vulnerability.
Joven’s deployment was facilitated
by paying a placement fee through a
lending company that was most likely
owned or linked to the same job placement company. He was even illegally
charged with P120,000 pesos (overcharged) as placement fee, a violation
to the allowable placement fee set
by Philippine Overseas Employment
Agency (POEA). Luckily, Joven had
declared an affidavit that such huge
amount was being demanded from him,
to be paid in a monthly amortization
payment deductible from his salary
every fifteen days while working in a
Taiwanese factory. When his case was
brought to the attention of the POEA,
he was not anymore forced to pay the
remaining balance of his debt. He could
have brought his placement agency to
court for having cheated him, but he
training local experts; all too often, migration takes place in
an institutional and political vacuum or is only minimally
managed by state authorities. This calls for improving state
capacities in addressing migration challenges.
Involving the social actors concerned by migration; it is
a far-reaching phenomenon that affects most segments of the
societies in which
it takes place.
Along with states,
civil society should
therefore be adequately prepared
to face migration.
NGOs already play
a key role, but other social actors –
such as the media,
schools, employers, unions, police
and health professionals – should be
involved.
Addressing
fears of ‘being
first’ by working
at a regional level;
states are reluctant
to take the risk of
being among the
first to ratify the
Convention. This
calls for promotRights, page 25
did not bother to do so. All he wanted
then was to stop the lending company
from harassing him.
Joven could have sought assistance from the Labor Attaché of MECO
in Taipei before signing the document
attesting his resignation. But then he
was not probably aware of his rights
nor was familiar where to seek help.
By asking him to sign the document,
it was clear that the company wanted
to clear itself of any liability in case
workers would complain in the future.
Taiwanese companies are not allowed
to hire foreign workers once proven
that they had been involved in illegally
terminating their migrant workers.
There are several lessons to be
learned from the case of Joven. Ignorance of migrants’ labor policy on the
part of any prospective migrant worker
leaves him or her highly vulnerable to
exploitation and abuse. OFW’s should
Victim, page 25
© Roy Lagarde / CBCP Media
have managed to present their first report on time, partly
because the preparation of the report on the implementation of the Convention demands close cooperation between
different branches of government and is thus time- and
resource-consuming.
Other obstacles are of a political nature. The present day
climate is not very conducive to discussing the granting of
rights to migrant workers. Public opinion in many receiving
countries has turned against migrants who are perceived as
competition and thus a danger to local people’s jobs. Prejudices against migrants are aggravated by the trend to view
foreigners as potential terrorists.
Filipino overseas workers in Hong Kong spend
their free day shopping at downtown’s business district.
Volume 44 • Number 2
21
STATEMENTS
‘The Justice of God Has Been Manifested
Through Faith in Jesus Christ’
ear Brothers and Sisters!
Each year, on the occasion of Lent, the Church
invites us to a sincere review of our life in light of
the teachings of the Gospel. This year, I would like to offer
you some reflections on the great theme of justice, beginning from the Pauline affirmation: "The justice of God has
been manifested through faith in Jesus Christ" (cf. Rm 3,
21-22).
Justice: "dare cuique suum"
First of all, I want to consider the meaning of the term
"justice," which in common usage implies "to render to
every man his due," according to
the famous expression of Ulpian, a
Roman jurist of the third century.
In reality, however, this classical
definition does not specify what
"due" is to be rendered to each
person. What man needs most
cannot be guaranteed to him by
law. In order to live life to the
full, something more intimate
is necessary that can be granted
only as a gift: we could say that
man lives by that love which
only God can communicate since
He created the human person in
His image and likeness. Material
goods are certainly useful and
required—indeed Jesus Himself
was concerned to heal the sick,
feed the crowds that followed Him
and surely condemns the indifference that even today forces hundreds of millions into death
through lack of food, water and medicine—yet "distributive"
justice does not render to the human being the totality of
his "due." Just as man needs bread, so does man have even
more need of God. Saint Augustine notes: if "justice is that
virtue which gives every one his due ... where, then, is the
justice of man, when he deserts the true God?" (De civitate
Dei, XIX, 21).
What is the Cause of Injustice?
The Evangelist Mark reports the following words of Jesus,
which are inserted within the debate at that time regarding
what is pure and impure: "There is nothing outside a man
which by going into him can defile him; but the things which
come out of a man are what defile him … What comes out of
a man is what defiles a man. For from within, out of the heart
of man, come evil thoughts" (Mk 7, 14-15, 20-21). Beyond
the immediate question concerning food, we can detect in
the reaction of the Pharisees a permanent temptation within
man: to situate the origin of evil in an exterior cause. Many
22
IMPACT • February 2010
modern ideologies deep down have this presupposition: since
injustice comes "from outside," in order for justice to reign,
it is sufficient to remove the exterior causes that prevent it
being achieved. This way of thinking—Jesus warns—is ingenuous and shortsighted. Injustice, the fruit of evil, does not
have exclusively external roots; its origin lies in the human
heart, where the seeds are found of a mysterious cooperation with evil. With bitterness the Psalmist recognises this:
"Behold, I was brought forth in iniquity, and in sin did my
mother conceive me" (Ps 51,7). Indeed, man is weakened
by an intense influence, which wounds his capacity to enter
into communion with the other.
By nature, he is open to sharing freely, but he finds in his
being a strange force of gravity
that makes him turn in and affirm
himself above and against others:
this is egoism, the result of original
sin. Adam and Eve, seduced by Satan’s lie, snatching the mysterious
fruit against the divine command,
replaced the logic of trusting in
Love with that of suspicion and
competition; the logic of receiving
and trustfully expecting from the
Other with anxiously seizing and
doing on one’s own (cf. Gn 3, 1-6),
experiencing, as a consequence, a
sense of disquiet and uncertainty.
How can man free himself from
this selfish influence and open
himself to love?
© www.ankawa.com
D
Message of Pope Benedict XVI for Lent 2010
Justice and Sedaqah
At the heart of the wisdom of Israel, we find a profound
link between faith in God who "lifts the needy from the ash
heap" (Ps 113,7) and justice towards one’s neighbor. The Hebrew word itself that indicates the virtue of justice, sedaqah,
expresses this well. Sedaqah, in fact, signifies on the one
hand full acceptance of the will of the God of Israel; on the
other hand, equity in relation to one’s neighbour (cf. Ex 20,
12-17), especially the poor, the stranger, the orphan and the
widow (cf. Dt 10, 18-19). But the two meanings are linked
because giving to the poor for the Israelite is none other than
restoring what is owed to God, who had pity on the misery
of His people. It was not by chance that the gift to Moses of
the tablets of the Law on Mount Sinai took place after the
crossing of the Red Sea. Listening to the Law presupposes
faith in God who first "heard the cry" of His people and
"came down to deliver them out of hand of the Egyptians"
(cf. Ex 3,8). God is attentive to the cry of the poor and in
return asks to be listened to: He asks for justice towards
the poor (cf. Sir 4,4-5, 8-9), the stranger (cf. Ex 22,20), the
STATEMENTS
slave (cf. Dt 15, 12-18). In order to enter into justice, it is
thus necessary to leave that illusion of self-sufficiency, the
profound state of closure, which is the very origin of injustice.
In other words, what is needed is an even deeper "exodus"
than that accomplished by God with Moses, a liberation of
the heart, which the Law on its own is powerless to realize.
Does man have any hope of justice then?
Christ, the Justice of God
The Christian Good News responds positively to man’s
thirst for justice, as Saint Paul affirms in the Letter to the
Romans: "But now the justice of God has been manifested
apart from law … the justice of God through faith in Jesus
Christ for all who believe. For there is no distinction; since
all have sinned and fall short of the glory of God, they are
justified by His grace as a gift, through the redemption which
is in Christ Jesus, whom God put forward as an expiation by
his blood, to be received by faith" (3, 21-25).
What then is the justice of Christ? Above all, it is the
justice that comes from grace, where it is not man who makes
amends, heals himself and others. The fact that "expiation"
flows from the "blood" of Christ signifies that it is not man’s
sacrifices that free him from the weight of his faults, but the
loving act of God who opens Himself in the extreme, even
to the point of bearing in Himself the "curse" due to man
so as to give in return the "blessing" due to God (cf. Gal 3,
13-14). But this raises an immediate objection: what kind
of justice is this where the just man dies for the guilty and
the guilty receives in return the blessing due to the just one?
Would this not mean that each one receives the contrary of
his "due"? In reality, here we discover divine justice, which
is so profoundly different from its human counterpart. God
has paid for us the price of the exchange in His Son, a price
that is truly exorbitant. Before the justice of the Cross, man
may rebel for this reveals how man is not a self-sufficient
being, but in need of another in order to realize himself fully.
Conversion to Christ, believing in the Gospel, ultimately
means this: to exit the illusion of self-sufficiency in order to
discover and accept one’s own need—the need of others and
God, the need of His forgiveness and His friendship. So we
understand how faith is altogether different from a natural,
good-feeling, obvious fact: humility is required to accept
that I need another to free me from "what is mine," to give
me gratuitously "what is His." This happens especially in the
sacraments of Reconciliation and the Eucharist. Thanks to
Christ’s action, we may enter into the "greatest" justice, which
is that of love (cf. Rm 13, 8-10), the justice that recognizes
itself in every case more a debtor than a creditor, because it
has received more than could ever have been expected.
Strengthened by this very experience, the Christian is
moved to contribute to creating just societies, where all
receive what is necessary to live according to the dignity
proper to the human person and where justice is enlivened
by love.
Dear brothers and sisters, Lent culminates in the Paschal
Triduum, in which this year, too, we shall celebrate divine
justice—the fullness of charity, gift, salvation. May this
penitential season be for every Christian a time of authentic
conversion and intense knowledge of the mystery of Christ,
who came to fulfill every justice. With these sentiments, I
cordially impart to all of you my Apostolic Blessing.
From the Vatican, 30 October 2009
BENEDICTUS PP. XVI
A Call for Vigilance and Involvement
A Pastoral Statement of the Catholic Bishops’ Conference
of the Philippines (CBCP) on the occasion of its 100th
General Assembly held at Pius XII Center, Manila
B
“Seek good and not evil that you may live.” (Amos 5,14)
eloved People of God:
God is calling us to participate in transforming our
society, to “seek good and not evil”
(Amos 5,14). This is part of our mission as People of God (cf. Justice in
the World, 1971). In 1991 the Second
Plenary Council of the Philippines
(PCP II) called the lay people to fulfill
their responsibility in renewing the
political order. In 2001 the National
Pastoral Consultation on Church Renewal (NPCCR) made this task one of
the nine major pastoral priorities of
the Church. The same call is echoed
by the pastoral letter last year on the
Year of the Two Hearts for Peace
Building and Lay Participation in
Social Change.
I. Our Situation
To transform our political order—
how imperative this task is today!
The election fever is on us! Campaign
advertisements, presidential debates,
and sadly, political killings, fill our
media. Outrageous political violence has
awakened us to the reality that if we do
not keep watch together as a nation our
electoral processes can drag us down.
The existence of private armies, the proliferation of loose fire arms, and political
dynasties are obstacles to the growth of
a genuine democratic system.
II. Calls
A. Discernment
In this situation we urge once more
all Filipinos to form circles of discernment so that they can see, judge, and
act together on issues of public concern
according to moral values. Moreover,
we remind once again the Catholic laity
that it is their right and duty to support
candidates that are qualified and have
a record of striving for the common
good. They should not hesitate to engage
in principled partisan politics. We are
asked to first articulate the key values
and principles by which we can evaluate
individual candidates across political
parties. This is the kind of politics in
Volume 44 • Number 2
23
STATEMENTS
B. On Automated Elections
We have always hoped for a modernized, better, and faster form of
voting and counting, imbued with
transparency and integrity. Automated
election has been in use for some time in
many countries. For the first time in our
history we are adopting one example
of poll automation called Automated
Election System (AES). But at this late
hour there are still many questions regarding the AES that revolve around the
readiness of personnel and equipment
as well as the readiness of the electorate in the use of the system. Even more
important, many serious questions
about the reliability and integrity of the
equipment and the personnel involved
have not been satisfactorily answered.
To be sure those who are responsible
for the AES are striving to make the
system work.
But we must make sure that there
are prepared fall back positions that
can be quickly adopted when there
are some glitches in the system and
in the logistics. We have to be vigilant and be involved. One example
would be to help in educating voters
regarding the AES and in using the
equipment.
C. To Candidates
We ask the candidates, already at
this point, to start serving the nation
by being honest and sincere in educating the people on the situation of our
country in their campaign. They should
not campaign to manipulate the perceptions of the people but to help them
to make good choices for the sake of
the country. They are to present their
platforms and convictions rather than
attack others.
D. To Peace-keepers
We call on our soldiers and the
police to be extra-vigilant so as to bring
about peaceful elections. They should
not allow themselves to be used by politicians or ideological groups. Rather,
they should be vigorous in disarming
illegally armed elements.
E. To Voters
We appeal directly to you, our
fellow countrymen and women, as
well as to all members of our Basic
24
IMPACT • February 2010
Ecclesial Communities and religious
lay organizations to exercise your right
to vote wisely i.e. following the criteria
indicated several times in our previous
pastoral letters. Automated elections
will not give us good public officials.
Ultimately the leaders that our country
shall have will depend on our wise
choice of candidates. Do not be swayed
by survey results or political advertisements. Follow the dictates of your
conscience after
a prayerful and
collective period
of discernment.
“Winnability” is
not at all a criterion for voting!
The vote you cast
will be a vote for
the good of your
country and your
children’s future.
Serve the common
good with your
precious vote!
III. Signs of
Hope
In spite of the
grim scenario that
some may paint
that every election
is just the same,
we feel winds of
change for the better. Many of our
faithful are now
heeding the call of
their pastors to be
actively engaged in
politics. Many are
running for public office issuing
from the call of
faith and service so
that people should
no longer vote
simply for the lesser evil among the
candidates. There are now many civil
society groups that are concerned and
are actively moving to ensure that this
election of 2010 will be an honest and
credible one. We especially note with
encouragement many young people who
go out of their way to offer their services for the good of our nation. These
signs are fruits of the efforts of many in
the past years to educate our people to
develop their social conscience and to
make their faith the motivation of their
political actions. Pope Benedict XVI
teaches us: “Worship pleasing to God
can never be a purely private matter,
without consequences for our relationship with others: it demands a public
witness of our faith” (Sacrosanctum
Concilium #83)
Let us be ever vigilant for our country. Together let us be involved in the
coming automated elections. Let us vote
wisely that we may have God-fearing
and honest people as our leaders.
© CBCP Media
which Gospel values form the bases of
our choice of candidates and not party
or family loyalties.
May our Blessed Mother, Our Lady
of Peace, be our guide and teacher in
our hope for a better tomorrow. May
our Good Lord receive our offerings
of prayers, good intentions and selfless
service for the good of our people! To
Him be the glory forever. Amen.
+NEREO P. ODCHIMAR, DD
Bishop of Tandag
President
Catholic Bishops’ Conference of the
Philippines
January 24, 2010
STATEMENTS
Raising the Tide of Philippine Politics:
A Covenant for Presidential Aspirants to the May 2010 Elections
W
hen the tide is raised all sorts of boats rise with
it, from large to small ones, from the lowly
banca to the mighty battleship, and from the
old to the new.
We, presidential candidates to the May 2010 elections,
seek to raise the tide of Philippine politics by publicly
committing ourselves to a covenant of peaceful and clean
elections as well as good governance and transparency. We
recognize that how we and our followers conduct ourselves
during the campaign and election period is already indicative and determinative of how we shall conduct ourselves
as public servants if and when we are elected.
We shall promote principled partisan politics by respecting the dignity of voters and their consciences, and
their need for well-informed choices. We shall not resort
to vote buying and its variations, and condemn all forms
of intimidation, violence, and misrepresentation.
There is a river of change flowing through our land,
fed by various tributaries of change. People are searching
for meaningful political change that leads to a transformed
nation that allows them to dream and to work towards
achieving these dreams and promote the common good.
We want to be part of this meaningful political change
for a transformed nation. We commit ourselves and call
on our followers to be the change we and our people seek
at this crucial junction of our national life. We cannot do
this by our powers alone. We call on all Filipino citizens to
journey with us and we hold ourselves accountable to them.
Finally, we ask the Lord to accompany us in this journey
of change and transformation that starts with ourselves.
So help us God.
Signed this 22nd day of January 2010 at the Cebu
International Convention Center, Mandaue City.
Candidates:
Sen. Benigno Aquino III
Former President Joseph Ejercito Estrada
Sen. Richard Gordon
Former Secretary Gilberto Teodoro
Bro. Eddie Villanueva
Sen. Manuel Villar
Witnesses:
Gordon Alan P. Joseph, President
Cebu Business Club
Eric Ng Mendoza, President
Mandaue Chamber of Commerce & Industry
Consul Samuel Chioson
Cebu Chamber of Commerce & Industry
Rights, from page 21
ing cooperation between them to avoid
a competition that is extremely unfavorable to ratification of the Convention.
Encouraging Western countries
to ratify; western receiving countries
are home to large migrant populations
and play an influential role in shaping
other countries’ attitudes towards the
Convention. Any strategy aiming at
fostering ratification will have to address Western states’ reluctance towards
the Convention, despite the difficulties
that can be expected.
Helping countries implement the
Convention; once the Convention is
ratified and has entered into force, its
implementation needs to be fostered.
Along with the UN Committee monitoring the Convention, there is therefore a
need to help countries – and especially
sending countries—to put the Convention into practice.
The amount of work that is needed is
huge, and so are the efforts that will have
to be made. This may inspire some pessimism and discouragement. However, the
Convention has the very merit of existing;
it represents a unique agreement at the
world level on the minimal degree of legal
protection that migrants should enjoy. It
makes sense therefore to make full use of
the Convention, which remains one of the
most crucial tools in improving migrants’
rights throughout the world.
I
(Fr. Paul Marquez, a priest of the
Society of St. Paul, is a staff writer of
Impact.)
Victim, from page 21
be familiar with Republic
Act 8042 better known
as the Migrant Workers
and Overseas Filipino
Act of 1995. Knowing
this particular law can
protect migrant workers from the possible
abuse of labor agents
and brokers. If they are
not able to personally
defend themselves, they
should know at least
that there are agencies
that can help them fight
for their rights. A worker
who knows the law but
unfortunately, is willing
to surrender its implementation is doomed to
be violated. Moreover,
one maybe familiar with
the law but is afraid to
fight for its implementation will definitely run the
risk of encountering the
same abuses that Joven
had suffered from. It is
therefore important that
people who are afraid
to fight for their rights
for fear of losing their
jobs, should know there
are institutions that are
willing to help them. In
most countries in Asia
and Europe, chaplains
for Filipino migrant communities are expected to
assist migrant workers
in their social and labor
problems. All the OFWs
need to do is to approach
the priests that work in
their communities.
In the case of repatri-
ated OFWs, they can go
directly to POEA or OWWA
to seek assistance. ECMI
also continues to assist
any OFW who would encounter problem in their
overseas work. For address and telephone number of migrant chaplains
overseas, OFWs can call
ECMI at 527-4135 to 42 or
they can also email ECMI
at ecmicbcp07@yahoo.
com. ECMI would like to
caution OFWs however
that it does not have a
direct link with countries
in the Middle East except
Israel, Kuwait and Lebanon. Hence, assistance
to OFWs working in the
Middle East is difficult to
pursue. I
Volume 44 • Number 2
25
FROM THE
BLOGS
Ten year
marriage contract
N
ow that this matter of a proposed temporary marriage contract has somehow subsided in excited
contemplation and spirited discussion, it might be but
proper and just to look into the matter with more calm and
prudence—in the light of on the ground concrete and practical realities. Truth to say, such a demeaning look at marriage
and consequent frivolous proposition on its temporary time
frame, ultimately have one and the same victims, viz., the
men and women who go for such a temporary conjugal union,
specially so the children. This is not to mention their negative impact on society as a whole when the adult and youth
concerned respectively disseminate their unsound personal
value systems and propagate empirical grave misfortunes
in their respective communities—as countries with Divorce
Law amply prove.
Men and women who enter temporary marriages basically
say that they are not serious about one another, that they take
the human family lightly, and that consider marriage but some
kind of for-the-moment diversion or a by-the-way option. On
the other hand, the children born of their exploratory union
are not certain what future holds for them, which of their
parents would get and have them, whom between their father
and mother would they come to love or to hate.
A temporary marriage contract for ten—more or less—
years, implies the following composite nauseating if not
traumatic experience when the husband and wife decide to
call it quits upon expiration of the spousal contract: One,
division of the domestic abode—which is disturbing. Two,
division of conjugal properties—which is troublesome. Three,
division of the children—which is traumatic. At the same
time, all these dividing ventures strongly imply division
of affection and mental posture, division of affiliation and
loyalty among the family members concerned.
It is both right and practical to forward the following
concrete and rational principles: First of all, those who
do not believe and/ or who cannot accept a lifetime conjugal partnership should not get married at all. Second,
those who subscribe to a more or less ten-year marriage
contract, should be prepared to say how many temporal
marriages are they prepared to contract, how many homes
are they ready to break. Third, most important of all, those
who accept marriage with a given time frame should be
prepared to say and decide how many children they are
willing to divide.
By the way, to say that marriage is but a “contract”, is
in fact, neither true nor right. Reason: As such, marriage
would be no more, no better than a business contract, a lease
contract, a car contract, and million and one other contracts.
The truth is that marriage is a covenant, a compact, a vow—
all of which immediately imply constancy, permanence,
stability. This is why as a rule, men, women and children
with a broken marriage behind them, usually do not become
better persons for it. This is sad but true.
To say it lightly, marriage is not like a taxi that a man
and a woman flag down, ride in, and thereafter leave it as a
matter of course, when they no longer need it.
www.ovc.blogspot.com
26
IMPACT • February 2010
Truth. Justice.
Peace
T
hus stands the tripod whereupon development
depends from on and stands on. In the same way,
deceit, iniquity and dissension guarantee and
promote socio-economic retrogression. The triumph
of truth brings about justice. The reign of justice
ushers in peace. These observations are not simply
academically understandable but also empirically
true. When there is prevalent falsity, then there is a
regime of injustice and thus come to fore all kinds of
unending resentment and discontentment in different
places, in different degrees and different manifestations as well.
Thus it is that even the Philippine Constitution provides: “The State shall promote social justice in all phases
of national development.” (State Policies, Sec. 10). This
signal and candid constitutional provision equivalently
says: One, with social justice goes development. Two,
deterioration goes with social injustice. Three, take a
good look around and know how this country fares in
conjunction with the above cited not simply logical but
also realistic State Policy.
To put it more bluntly, injustice is a social curse.
When the powerful and the wealthy are above the law,
when the poor and miserable are crowding local jails
and prisons, when the law is used to oppress and not to
liberate, then something is not merely wrong but also appalling and revolting. Injustice is the supreme guarantee
of individual disgust and/or social discontent. Justice
is such an elementary mandate that there is nothing
like injustice to foment not merely division, not simply
revolution but war even.
Take away but a candy from but a little child, and
this will most probably cry as a matter of course. The
child feels that the candy is his or hers. Thus when
taken away, the child is offended by the injustice of
losing it. If this is true with but children, it is not
hard to imagine what injustice does to an adult, how
does this feel, what the same will do. If one is poor
because this is aware or knows that he or she is indolent and/or vicious, if somebody is prosecuted for
a wrong doing, and if someone is jailed because of
his or her proven wrongdoing, then the subject party
knows in conscience that justice is simply served—
even though the same may register strong protests
every now and then.
The cardinal question that now comes to mind is
precisely the following—a query that is admittedly
shameful to think about, as well as embarrassing to ask:
Is a dysfunctional justice system the main legacy of this
no less than some nine year old reigning administration
to the country? A negative answer thereto would require
much explaining to do, and would demand much more
to make it convincing.
www.ovc.blogspot.com
T
he often cited valiant yet actually disturbing, fearless but
precisely distressing yell, is
in fact three-tiered: “Do not panic!
Relax lang! Kayang-kaya ito!”
Given the saddening recent past, the
now gloomy existing present and
the forthcoming uncertain days of
the socio-economic situation and
political scenery of the Philippines,
the quoted extra-optimistic cheer can
be considered as a false bravado or a
big joke. Ever since such historical
shout was made by an energy Czar
and quoted by tri-media, both the
importers and consumers of fuel are
precisely in continuous panic and
hysteria, not to mention suspicion and
ire on the part of the general public.
This is somehow like the often
repeated hurrah of the still reigning
leader: “The economic fundamentals
are in place.” Never mind what this
impressive expression really means
and/or how it truly works. The standing fact is that the country suffers from
pervasive poverty, has a below stan-
Relax!
dard public educational system, has no
employment for its citizens, does not even
produce enough rice for people to eat, and
presently neither has affordable sugar for
its population—not to mention the long
agony brought about by indirect taxation
of Filipinos from birth to death.
There are brazen graft and corrupt
practices in the government from top
to bottom. There are innumerable killings, regular murders and massacres
that even gained international infamy.
There are criminals all over the land.
There are more pushers and drug syndicates. Even the supposed arm of the law
often becomes the arm of lawlessness.
The guns in the hands of those who
exactly should not have them, has in
a way brought back the country to the
cowboy and Indian times. Do not panic!
Relax lang! Kayang-kaya ito!
The world of politics is burning
with both serious and hilarious accusations and counter-accusations. The
political candidates are literally and
flagrantly throwing money away—
surely for them to get much, so very
Illustration by Bladimer Usi
EDITORIAL
much more in return when elected.
The guns and goons are all out.
The private armies are all in. The
constant danger to lives and limbs
is real. Even the innocent get hurt,
if not killed. Do not panic! Relax
lang! Kayang-kaya ito!
Suspect and suspicious, accused and accuser, and furthermore
doubted if not distrusted, wherefore confused if not lost—this is
COMELEC. Among the still few
machines in, there is even a number
that barely works. Electricity is not
certain in distant parts of the country,
during election day. Some places are
in fact no man’s land. Clustering
some 1,000 thousand voters using
but one voting machine for but some
hours of a day, is not comforting to
contemplate. The ballots are about
two feet long. The jammers are in.
The technicians are not. The watchers do not know what to watch out
for. There is the possibility of the
failure of election. Do not panic!
Relax lang. Kayang-kaya ito!
Volume 44 • Number 2
27
FROM THE
INBOX
From the e-mail messages of lanbergado@cbcpworld.net
The girl in the CD store
Lessons learned
ne day, the father of a very
wealthy family took his son on
a trip to the country with the
express purpose of showing him how
poor people live.
They spent a couple of days and
nights on the farm of what would be
considered a very poor family.
On their return from their trip, the father asked his son, “How was the trip?”
“It was great, Dad.”
“Did you see how poor people live?”
the father asked.
“Oh yeah,” said the son.
“So, tell me, what did you learn
from the trip?” asked the father.
The son answered: “I saw that we
have one dog and they had four. We have
28
IMPACT • February 2010
a pool that reaches to the middle of our
garden and they have a creek that has no
end. We have imported lanterns in our
garden and they have the stars at night.
Our patio reaches to the front yard and
they have the whole horizon.
“We have a small piece of land
to live on and they have fields that go
beyond our sight.
“We have servants who serve us,
but they serve others. We buy our food,
but they grow theirs.
“We have walls around our property to protect us, they have friends to
protect them.”
The boy’s father was speechless.
Then his son added, “Thanks Dad
for showing me how poor we are.”
© www.flickr.com/photos/kaymusings
O
really wanted to but he couldn't. His mother found out about
this and told him to just ask her.
So the next day, he took all his courage and went to the
store. He bought a CD like he did everyday and once again
she went to the back of the store
and came back with it wrapped.
He took it and when she wasn't
looking, he left his phone number
on the desk and ran out...
!!!RRRRRING!!!
The mother picked up the
phone and said, "Hello?"
It was the girl! She asked for
the boy and the mother started to
cry and said, "You don't know? He
passed away yesterday..."
The line was quiet except for
the cries of the boy's mother. Later
during the day, the mother went
into the boy's room because she
wanted to remember him. She thought she would start by
looking at his clothes. So she opened the closet. She saw
piles and piles of unopened CDs. Surprised to find all those
CDs, she picked one up and sat down on the bed and started
to open one.
Inside, there was a CD and as she took it out of the
wrapper, a piece of paper fell out. The mother picked it up
and started to read.
It said: Hi... I think U R really cute. Do u wanna go out
with me? Love, Jacelyn
The mother opened another CD.
Again there was a piece of paper. It said: Hi... I think U
R really cute. Do u wanna go out with me? Love, Jacelyn.
© www.flickr.com/photos/sweetbeat
T
here was once a guy who suffered from cancer... a
cancer that can't be treated. He was 18 years old and
he could die anytime. All his life, he was stuck in his
house being taken cared by his mother. He never went outside.
But he was sick of staying home
and wanted to go out for once. So
he asked his mother and she gave
him permission.
He walked down his block and
found a lot of stores. He passed a CD
store and looked through the front
door for a second as he walked. He
stopped and went back to look into
the store. He saw a young girl about
his age and he knew it was love at
first sight. He opened the door and
walked in, not looking at anything
else but her. He walked closer and
closer until he was finally at the
front desk where she sat.
She looked up and asked, "Can I help you?"
She smiled and he thought it was the most beautiful smile
he has ever seen before and wanted to kiss her right there.
He said, "Uh... Yeah... Umm... I would like to buy a CD."
He picked one out and gave her money for it.
"Would you like me to wrap it for you?" she asked,
smiling her cute smile again.
He nodded and she went to the back.
She came back with the wrapped CD and gave it to him.
He took it and walked out of the store. He went home and
from then on, he went to that store everyday and bought a
CD, and she wrapped it for him. He took the CD home and
put it in his closet. He was still too shy to ask her out. He
book
Reviews
Open the Door
A Journey to the True Self
Joyce Rupp
In this latest
book published
by Paulines
Publishing
House, well
known spiritual
writer and retreat director
Joyce Rupp
invites readers
once again to
take the spiritual journey to
self awareness
by entering the
door of their
hearts. Using
the image of the
door as a symbol for spiritual
growth, Rupp
guides readers
to discover the
richness that
are hidden within their inner
self. Designed
as a six-week
process with a reflection for each day of the week, the book is
an excellent companion and guide for those who wish to embark
on a journey to self-discovery.
Meaningful Moments
Reflections for the Working Soul
Bishop Precioso Cantillas, SDB, DD & Teresa Tunay, OCDS
The demands
of our work
can sometimes
drain us of energy which consequently lead
us to go on doing our duties
and work perfunctorily. This
book of reflections provides
readers with
some inspiring
insights that will
lead them to understand more
profoundly the
spirituality of
work. Originally
published as a
column in one
of the leading
national dailies,
the 52 sets of
reflections in
this volume are
the authors’ “humble offering to those who work, especially
those toiling away from the limelight, those who labor in dire
working conditions, the millions of unrecognized ‘lowly’ workers
who are moved in their work by sheer faith in the honorableness
of honest labor.”
The Priesthood
Fr. Jerry Orbos, SVD
Pope Benedict XVI
A book of short
reflections on
life’s meaningful moments.
Fr. Jerry Orbos
believes in “moments spirituality”, that of
finding meaning and finding
God in ordinary
moments of our
life. His nine
books on Moments series
are all stories
of personal encounters, little
coincidences,
funny anecdotes, and uplifting stories which
have colored
and shaped his
life of 29 years
in the priestly
ministry.
This book by St.
Pauls comes
at a time when
the National
Congress of the
Clergy in the
Philippines had
just ended. Especially published
on this year dedicated for priests,
this book gathers
the reflections of
the Holy Father
on the topic of
priesthood.
The reflections
are drawn from
“homilies and
meetings with
the clergy of Italian dioceses and
of the world on
the occasion of
the pope’s pastoral visits and
apostolic trips.”
Volume 44 • Number 2
29
ENTERTAINMENT
C atholic INitiative for
Enlightened Movie Appreciation
A
frican-American teenager Michael Oher a.k.a Big
Mike (Quinton Aaron) feels outcast in a Christian
school due to variety of reasons from his low academic
qualification to his big body frame for his age, skin color
and being oddly silent apparently due to his complicated
childhood. When Leigh Anne Tuohy (Sandra Bullock) sees
Michael wandering in the street on one cold night, she invites
him to sleep over in the house with her family -- husband
Sean (Tim McGraw) and children SJ (Jae Head) and Collins (Lily Collins). The generosity of Touhy family does not
end with overnight place of sleep for Michael but finding a
new family where he is loved and accepted. On discovery
of his niche in playing football, he gets the full support of
the Tuohy family to the point of going all the way to process legal guardianship for him and get a tutor to improve
his academic profile. When Michael starts to make a name
in sports, tempting scholarship packages come to his plate
from different schools. However, when he finally chooses
30
IMPACT • February 2010
Cast: Sandra Bullock, Tim McGraw, Quinton Aaron, Jae
Head, Lily Collins
Director: John Lee Hancock
Producers: Gil Netter, Broderick Johnson, Andrew Kosove
Screenwriter: John Hancock
Music: Carter Burwell
Editor: Mark Livolsi
Genre: Drama
Cinematography: Alar Kivilo
Distributor: Warner Bros. Pictures
Location: USA
Running Time: 100 mins.
Technical Assessment: 
Moral Assessment: 
CINEMA Rating: For viewers aged 13 and below with
parental guidance
one, those schools that he rejects make him believe that
Tuohy family's motivation for helping him is to influence
his decision for choice of school. After all those things done
for him by Tuohy family is Michael up to be cynical about
them, isolates himself and feels outcast again? How about
the promising sports career?
Based on the book Evolution of a Game, The Blind Side
offers an inspiring story complimented by excellent treatment by the director and the casting that fits each character.
There are combined drama and comedy, conventional and
unconventional family settings, and theme of social relevance.
The lines are meaningful and put to life by good portrayal
of the actors especially Bullock. The cinematography captured the settings for a good production design to establish
highlight of each scene. Overall, film The Blind Side is way
above in the technical aspects and keep up to the essence of
a very good story.
The film shows that an act of kindness cannot be contained, there is overflow. Leigh Anne influenced others
primarily her family then the coach, the teachers and school
officials to extend kindness to Michael, and this creates
a pleasant environment for everybody. It brings positive
change not only to the recipient but also to the giver. The
film projects both a strong and soft woman in the character
of Leigh Anne, an understanding and supportive husband,
obedient and loving children to their parents. The film is also
a good reminder for key people in the schools, sports, law
enforcer of their responsibility to make or unmake a person
especially at a young age. Rather to look at each young
person as an opportunity to see potentials of good citizens
in the making. Whilst the story is about Michael, the key
messages to address the moral dimension are found in the
people around him. Overall the film offers a lot of positive
values not only in the family situation but throughout the
school, community and society at large.
ASIA
BRIEFING
INDIA
Avalanche kills soldiers
At least 11 Indian soldiers were killed after an
avalanche hit Indian army’s High Attitude Warfare
School in northwest Kashmir, a mountainous region
near the border with Pakistan on Feb. 9. Dozens of
soldiers were buried in the
snow. About 400 soldiers
are based at the camp which
has been completely covered by the avalanche.
CHINA
Police shuts hacker
training school
While Google threatened to quit China last
month after a serious hacking attempt, authorities
have closed down what it
claims to be the country’s
largest hacker training website and nabbed three of its
members. Police said the
"Black Hawk Safety Net"
taught hacking techniques
and provided malicious
software downloads for its
12,000 members.
SRI LANKA
Ex-army commander
nabbed
Authorities have arrested former army commander
and losing presidential candidate Gen. Sarath Fonseka. He will reportedly be
court-martialed for allegedly planning to overthrow the
government. Fonseka was
taken into custody by Sri
Lanka troops who stormed
the offices of the main op-
position alliance which had
backed his candidacy.
BURMA
Aussie boosts aid to
Burma
Australia is giving a 40
percent increase in humanitarian aid to Burma, hoping to spur a democratic
election later this year and
create political change. But
long-time Burma-watchers
warn the generals who control the country are masters of the political charade
and say Australia should
be careful trying to deliver
more aid under their rule.
AFGHANISTAN
Afghans flee offensive
in Marjah
Some 2,000 men, women and children fearing imminent fighting between
the Taliban and US troops,
loaded up trucks and fled
their homes Feb. 8 in Afghanistan’s southern district
ahead of a military offensive
intended to clear Taliban
militants. Thousands of
NATO and Afghan troops
are expected to carry out
the operation in the Marjah
area of Helmand province
within the month.
NEPAL
Media mogul killed
Media mogul and Space
Time network head Jamim
Shah, a media mogul here,
has been shot dead in Kathmandu, the country’s capital.
Shah was killed on Feb. 8 in
broad daylight close to the
British and Indian embas-
sies. Shah was accused by
the Indian government of
having links to major Indian
crime syndicate, and to Pakistan's intelligence agency.
MALAYSIA
Police nab Iranian trio
in drug bust
Three Iranians, two
women and one man, were
nabbed while attempting
to smuggle drugs—worth
nearly $4 million—into Malaysia. The suspects were
carrying over 50 kilos of
amphetamines, at Kuala
Lumpur International Airport. Trafficking drugs carries a mandatory death
sentence in Malaysia.
TAIWAN
US sells weapons to Taiwan; China angered
Kao Hua-chu, Taiwan’s
defense minister has vowed
to seek more weaponry
from the US triggering anger from the Chinese government. The announcement came a week after the
announcement of a $US6.4
billion arms deal with America which angered China.
Hua-chu said the deal will
help stabilise the Taiwan
Strait and give the island
greater confidence in pushing for talks with China.
VIETNAM
Govt tackles US at WTO
over shrimp imports
The Vietnamese government has filed its first
anti-dumping case with the
World Trade Organization.
Reports said the case is
against anti-dumping tariffs imposed by the US
on frozen shrimp. The US
has imposed tariffs ranging
between 4 to 26 percent on
Vietnamese shrimp exporters. Vietnam joined the
WTO three years ago.
CAMBODIA
Withdrawal of disputed
Google map sought
“Professionally irresponsible.” This was how Cambodia accused the internet
search engine company
Google over its map of an
ancient temple which is
at the centre of a border
dispute with Thailand. In
a letter—which the AFP
news agency reports to
have seen—the government said the Google map
'places almost half of the
disputed Preah Vihear temple in Thailand'. Cambodia
has asked for the map to be
replaced with a new one.
ISRAEL
Military probes fail Gaza
war victims
The Israeli gov’t has
failed to demonstrate that
it will conduct thorough and
impartial investigations into
alleged laws-of-war violations by its forces during
last year's Gaza conflict,
Human Rights Watch said.
An independent investigation is needed if perpetrators of abuse, including
senior military and political
officials who set policies
that violated the laws of war,
are to be held accountable,
it added.
Volume 44 • Number 2
31