News Release

30 August 2007

MIRIAM LECTURES DIPLOMATS ON INTERNATIONAL LAW

Sen. Miriam Defensor Santiago, Philippine nominee to the International Court of Justice, delivered the keynote speech at the opening ceremonies of the 2007 Conference on International Humanitarian Law held at a Manila hotel yesterday (Wednesday, 29 August).

The conference was attended by all foreign diplomats accredited to the Philippines, as well as public officials involved in international humanitarian law, such as the Commission on Human Rights, National Red Cross, departments of defense, interior, and justice, armed forces, and national police.

Santiago, an international law expert, discussed “International Humanitarian Law as an Evolving Field of Law.”

Her lecture included the topics of definition and historical background, the overlap of international humanitarian law with international human rights law, issues in armed conflicts, and humanitarian law enforcement.

Santiago defined international humanitarian law as “a new field of law that governs the use of force, specifically the protection of persons from the effects of armed conflicts.”

She said that this new field is a combination of the Laws of The Hague, also known as the laws of war, and the Law of Geneva, which deals with the protection of civilians during armed conflict.

Santiago, Chair of the Senate Committee on Foreign Relations, gave an extensive analysis of the Four Geneva Conventions and the Two Additional Protocols.

She said that international humanitarian law is enforced today by placing war crimes under universal jurisdiction, and requiring parties to a conflict to accept an offer by the Red Cross to assume humanitarian functions.

Santiago advocated more widespread enforcement of international humanitarian law by suing a state liable for compensation, by adopting UN resolutions, and by subjecting states engaged in armed conflict to scrutiny by, and pressure from, third parties.

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News Release

21 August 2007

MIRIAM SEEKS PROBE OF OFFICIAL VIPS CODDLING CAR SMUGGLERS

Sen. Miriam Defensor Santiago charged that car smuggling, particularly in free port zones, is protected by “untouchable very high government officials,” and called for a Senate hearing to identify them for criminal prosecution.

“The creation of a Presidential Task Force, and the ostentatious destruction of smuggled cars, are superficial remedies. The real problem is not car smuggling, but the invulnerable power of very high officials to protect smuggling rings on a regular basis,” she said.

Santiago said that sometimes, the top officials of the customs bureau, the task force, or the free port authority protect the syndicates on a “retail basis,” and make selective exposes of car smuggling, to appease public protest.

But she added that most of the time, these low level officials follow a hands-off policy because “very high level officials” protect smuggling on a “wholesale basis.”

The senator said her suspects in Metro Manila are VIPs in the executive and legislative branches of government, while her suspects in local governments are governors and mayors of LGUs where a free port zone is located.

The senator said that this alleged protection racket is self-evident, citing the endemic nature of car smuggling, and the common practice of smuggling cars in free port zones, even if there are regular customs zones in the same area.

“The main function of a free port zone is to import foreign goods, enhance their value with Philippine labor, and re-export them immediately without reaching the domestic market. This is why a free port zone is placed outside Customs jurisdiction. The problem is that the cars are not re-exported abroad but smuggled outside of the free port zone for domestic use,” she said.

The senator said that the real test of the political will to stop car smuggling is if the administration resolve to amend all free port laws, known as charters, to either place car importers under Customs jurisdiction, or to prohibit completely motor vehicle imports in the free port zones.

“The exemption of free port zones like Subic from Customs jurisdiction is a standing invitation for smuggling. The Subic Free Port authorities should be investigated immediately, because they are indispensable to car smuggling there,” the senator said.

In a resolution, Santiago called for a Senate probe on the following issues:

1. Placing free port zones under Customs jurisdiction with respect to motor vehicles, or prohibiting completely free port zones from importing motor vehicles.
   
   
2. Conducting an annual documentary inventory of motor vehicles admitted from abroad into free port zones, and matching it against an actual physical inventory of such vehicles remaining in the free port zone; if the latter is subtracted from the former, then the public will have an idea of the high degree of car smuggling in those free port zones.
   
   
3. Directing the Customs Commissioner to explain why there is lack of transparency in the setting of the floor prices of smuggled vehicles sold at auction, or in any event to explain why the present system allows smugglers to buy back their own smuggled vehicles.
   
   
4. Assessing the possible disruptive effect of the PASTF on the Bureau of Customs, on the theory that a task force under the Office of the President will only add one more layer of corruption to the smuggling process.
   
   
5. Seeking a halt to the destruction of smuggled vehicles, and amending the Customs Code, so that proceeds from smuggled car auctions shall go directly to such government agencies as the DSWD or the PGH.
   
   
6. Expressing the sense of the Senate that the perennial problem of car smuggling cannot be solved by establishing one more Task Force, but by limiting the present discretion enjoyed by Customs, Task Force, and Free Port officials to pick and choose the smuggling cases that they will expose, while turning a blind eye to other smuggling cases instigated by powerful crooks in government.

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On behalf of the office, we deeply apologize for the delay in our replying to your emails. We are currently having technical difficulties in our email service, but we assure you that we will answer all your emails once we fix the problem.

The Senator extends her warmest appreciation to all those who sent the most heartwarming messages to her. Your emails inspire her to work harder as a public servant. For requests for interviews and public appearances, it is best that the invitations be faxed to (49)552-6692 or 374-3059.

Thank you.

Tom M. Tolibas
Public Affairs

News Release

16 August 2007

MIRIAM WANTS “MELISSA” CASE INVESTIGATED

Senator Miriam Defensor Santiago today filed a resolution directing the Senate committee on foreign relations, which she chairs, to investigate the plight of “Melissa,” an overseas Filipina domestic helper in Saudi Arabia who was allegedly raped by her employer’s son.

According to media reports, a video was reportedly taken of the rape incident.

“The number of rapes committed against our overseas Filipina workers is deplorable,” Santiago said. “The perpetration of sexual abuse, not only against Melissa but also against all other female OFWs should not be allowed to continue.”

“Measures must be taken to ensure the safety and protect the honor of present and future Filipina workers,” she said.

The senator noted that vulnerable overseas domestic helpers like Melissa receive inadequate protection from our consulates abroad when they are raped.

The senator wants the Department of Foreign Affairs and the Department of Labor and Employment to jointly establish mechanisms in Philippine consulates abroad for receiving rape complaints, assisting Filipina victims, and ensuring that sexual abuse is not tolerated in the foreign countries where they serve.

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News Release

16 August 2007

MIRIAM SETS FOR SENATE PROBE THE PRESENCE OF US TROOPS IN SULU

Senator Miriam Defensor Santiago today said that she will schedule a legislative inquiry to determine whether the presence of American troops in Indanan, Sulu constitute “unlawful combat operations.”

Santiago today filed a resolution directing the Senate foreign relations committee and the Legislative Oversight on the Visiting Forces Agreement (LOVFA), which she both chairs, to conduct the investigation.

The media reported yesterday that heavily armed US troops were allegedly seen leading a military convoy last 14 August 2007 in Indanan, Sulu, where Filipino soldiers are currently fighting insurgents.

“Under the Terms of Reference for RP-US Exercise Balikatan 02-1, US participants are prohibited from engaging in combat operations, without prejudice to their right to self-defense,” Santiago said.

The Terms of Reference govern the conduct of the joint counterterrorism training exercises in southern Philippines participated in by American and Filipino soldiers.

“We need to examine the extent of the participation of US troops in the activities of the AFP in Sulu to find out if there has been a violation of the law prohibiting US forces from engaging in combat operations in Philippine territory,” the senator added.

Santiago, an international law expert, said that the presence of US troops in Sulu may also constitute a violation of international law.

“Under international law, States are duty-bound to refrain from activities that constitute ‘intervention,’” Santiago explained. Quoting her book entitled “International Law,” she said that “intervention is defined as dictatorial interference by a State in the affairs of another State for the purpose of maintaining or altering the actual condition of things. Intervention may or may not involve the use of force.”

“Intervention is a violation of international law, because it affects the international personality and territorial supremacy of a State,” Santiago said. “We need to find out whether the activities of the US troops in Sulu constitute unlawful intervention.”

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News Release

10 August 2007

MIRIAM WANTS DEP’T. STORES, SUPERMARKETS, DRUGSTORES NATIONWIDE TO IMPLEMENT PLASTIC BAG RECYCLING PROGRAM

Senator Miriam Defensor Santiago today urged retail stores all over the country to implement a massive plastic bag recycling program.

Santiago’s bill, Senate Bill No. 1443 or the “Plastic Bag Recycling Act,” was filed today.

According to the senator, the amount of plastic bags dumped as garbage every year has become a global environmental problem.

“Every year, four to five trillion plastic bags are used worldwide, with billions of bags ending ups as litter,” she said. “Almost all these bags are non-biodegradable. Non-biodegradable plastic bags take from 500 to 1,000 years to disintegrate.”

“These plastic bags contaminate soil and waterways, and enter the food web when animals accidentally ingest them,” Santiago said. “The plastic bags that end up in the ocean have been documented to harm at least 267 marine species. They are especially lethal to sea turtles.”

“During the rainy seasons, these plastic bags clog drainage systems, causing floods,” Santiago explained.

Santiago’s bill mandates stores which have gross sales of over P100,000 each month to establish an “in-store” recycling program for the plastic bags they provide consumers.

“The bill will cover department stores, boutiques, supermarkets, big groceries, and drugstores, all of which provide consumers with plastic bags to store or transport goods at the point of sale,” Santiago said.

The bill requires that the plastic bags provided by stores to their customers be emblazoned with the following words: “Please return to a participating store for recycling.”

Stores will be required to place a plastic bag collection bin in their premises. The bin must be visible, easily accessible to consumers, and clearly marked that it is available for the purpose of collecting and recycling plastic bags.

Further, stores are mandated to recycle all the plastic bags they collect. They are also required to keep records describing how they collect, transport, and recycle the plastic bags. The Department of Environment and Natural Resources and the local government concerned are empowered to examine these records to determine compliance by the stores.

The bill proposes stiff penalties to stores that violate its provisions. A fine of P100,000 for the first violation, P200,000 for the second violation, and P300,000 for the third and subsequent violations shall be imposed on retail stores that do not comply with the Act.

“The stores can sell reusable bags to their consumers to replace single-use plastic bags or paper bags,” the senator said. “After all, the purpose of my bill is to encourage the use of reusable bags and to significantly reduce, if not totally eliminate, the consumption of single-use plastic bags.”

“Plastic bags have only been around for 50 years. In the United States, department stores started using plastic bags only in the late 1970s and grocery chains in the early 1980s,” she said. “The harm they have caused the environment in these 50 years has been incalculable,”

“I call on environmental groups to support my bill. Lobby your favorite senator or congressperson to pass this bill into law,” Santiago said.

“Retail stores, especially the big department stores, will be demonstrating corporate responsibility by supporting my bill,” she said.

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