MIRIAM CONDEMNS NORTH KOREA NUCLEAR TESTING

Senator Miriam Defensor Santiago, chair of the Senate committee on foreign relations, joined world leaders in condemning the nuclear weapons test conducted by North Korea earlier today, 25 May 2009.

North Korea’s official Korean Central News Agency earlier reported that North Korea “successfully conducted one more underground nuclear test on May 25 as part of the measures to bolster up its nuclear deterrent for self-defense in every way as requested by its scientists and technicians.”

The nuclear test was reportedly “safely conducted on a new higher level in terms of its explosive power and technology of its control.”

Santiago said the nuclear testing was a breach of United Nations (UN) Security Council Resolution 1718, which prohibited North Korea from conducting nuclear tests.

The senator urged Malacañang to support Japan’s call for an emergency meeting of the UN Security Council in the wake of the nuclear weapons test conducted by North Korea.

Meanwhile, Asia-Pacific stock markets dipped today, spooked by the nuclear testing.

South Korean and Japanese stocks dropped after North Korea said it had conducted a nuclear test. New Zealand shares fell in sympathy with the Asian markets.

Santiago said the government should calm the Philippine stock market to prevent it from being jittery just like other Asian markets.

“There is no cause for panic. North Korea cannot immediately produce a nuclear weapon at this early stage of the testing,” Santiago said. “It will take years before North Korea can weaponize its nuclear capability.”

WITHOUT MIRIAM, ICJ HAS NO WOMAN JUDGE

By a hairsbreadth, feisty Sen. Miriam Defensor Santiago, missed election as judge of the International Court of Justice, after winning in the popular General Assembly, but losing in the elite Security Council. 

  Her narrow and colorful defeat makes the 15-member ICJ and all-male enclave, despite repeated UN advocacy of gender balance. 

“It was a hard campaign, but ultimately it was a power game. The developed states tend to vote for countries where they have interests to protect, such as foreign investments, use of natural resources, and a big export market. As a developing state, we have no such cards to play,” Santiago said, after arriving Friday midnight from the UN New York. 

  The Philippine delegation led by Foreign Affairs Sec. Alberto Romulo and UN Amb. Hilario Davide put up such a brave battle that after the first round of voting, after four judges had already been elected, Santiago ’s votes compelled the voting to reach four rounds. 

  “Big countries like China and France refused to support the Philippines while small countries like Indonesia and Vietnam remained staunch Philippine allies up to the end. Probably none of the Big Powers voted for the Philippines ,” Santiago said. 

  The Big Powers, who are the five permanent members of the Security Council, are US, UK , France , Moscow , and China . 

  “Reportedly, the US considers the Philippines negligible in world affairs. UK and France prefer to support former colonies, where they have big investments. China has big investments to protect in Jordan . Moscow is sore at the Philippines , because we did not vote for it in the last Security Council elections. All this is realpolitik,” Santiago said. 

  Santiago , a former UP international law professor, said realpolitik is politics based on the national interest and on power, in other words, practical politics. 

  “The United Nations keeps advocating gender balance but now in the ICJ there are 15 judges without a single woman judge. This shows that the UN does not advance international interest, as much as the national interests of powerful countries,” Santiago said. 

  Santiago , who is chair of the Senate Foreign Relations Committee, said that her recent practical lesson in realpolitik has colored her perception of treaties between the Philippines and certain developed states. 

  “Powerful states promote international law only when it works in their favor. For example, they advocate gender balance on paper, but reject it when it hinders their own national interests,” she said. 

  Santiago noted that while in the General Assembly some 143 states promised in writing to vote for the Philippines , she got only 107 votes, still the required majority, but showing that some states cannot be trusted to keep their promises. 

  “In the same manner, the Philippine mission received nine written promises to vote for the Philippines in the Security Council, but only five voted for me. Fortunately, I was already warned that UN diplomacy can be accompanied by betrayal, because of the practice of secret balloting,” she said. 

  Santiago said that if the Philippines plans to nominate another candidate for the ICJ three years from now, the government should already start the process of mutual exchange of favors at this time. 

  “One strategy is that each time a country approaches the Philippines for a favor, immediately our government should ask for a commitment to the ICJ or any other international organization. Another strategy is to strengthen solidarity among the 10 Asean member states so that we shall form a united power bloc. But the best way is to work at increasing Philippine power in international terms,” she said.

Transcript of Senator Miriam Defensor Santiago’s Interview

28 November 2007

On the UN findings on the extrajudicial killings in the country

It is both good news and bad news. The bad news is that it says that it does not believe the Armed Forces of the Philippines ’ explanation about extrajudicial killings and people who have disappeared as part of the purge of the Communist Party. Instead, it appears, according to the report, that those people who have died or disappeared have been victims of military abuses.
The good news is that the report does not say either that it is official policy of the Arroyo administration to liquidate leading members of the extreme left. After all, the Communist Party and the NPA have been declared terrorists by other countries. In that sense, the report is even-handed. One thing that we can consider as a plus for the Arroyo administration is that it invited Mr. Alston to come here. He could not have come, under UN rules, unless an invitation has been extended by the administration. This is evidence of the good faith of the Arroyo administration.
What will happen here is that in his capacity as a fact-finder, he will submit this report. In fact, his report is just the final draft of his preliminary draft since the procedure is that the rapporteur must first issue a preliminary draft for comment by the host state before he can draft the final form. This is the final form of the report, but he will now submit it to the Human Rights Council in the UN, which will take it up and decide 1) whether the findings and facts are judicious, meaning if they are reliable, and 2) what action should be taken or recommended by the Council to the General Assembly with respect to the Philippines.

Can it be reversed?

Yes, because it is yet not binding to the Human Rights Council. He is merely an agent or a subordinate of the Council. He is bound to submit it for the Council’s assessment and for their action, whatever it might be.

What can the government do about it?

The government will have to make a more determined effort to educate the rank and file of our soldiers that violence should not be used as a measure for counterinsurgency unless it is employed in self-defense. It cannot be a strategy or a tactic to kill people anonymously to put the fear of the military in them. It is not allowed by the constitution and international law.

There are many ways of issuing instructions to soldiers. You can either talk verbally to them, or you can give them instructions in the form of body language or discreet implications employed n verbal instructions. If the administration makes it crystal clear that it will not tolerate these practices, that should filter down to the ordinary soldier.

The rapporteurs of the United Nations are among the most qualified in their fields of work. The usually come from the academe and have no political power.
In the whole, I find the report to be acceptable.

On the government’s efforts to help the OFW in death row in Kuwait

The case emphasizes the importance of a transfer of sentenced persons treaty, which we just have concurred with respect to Spain . We already have concurred such a treaty with respect to Hong Kong and Thailand , and we hope to concur in the very near future with Canada and Cuba , but most importantly with the Middle Eastern states.

There is nothing we can do on a legal level when the court of another country sentences a
Filipino for crimes as defined in that country. This is only an appeal from one head of state to another. There is no legal force. It may have some legal force. But the best thing to do is to work for a TSP treaty if we cannot get executive clemency from that state.

On the objection from the Chiong family to the passage of the RP-Spain TSPA for allegedly favoring Larreñaga.

It is perfectly understandable. In fact, that is the reason why Sen. Estrada abstained because the Chiong family apparently were ably to contact him. In the case of Sen. Arroyo, he also abstained because his wife, I believe, is one of the counsel of one of the parties in the case. Basically, there is no objection to the TSPA per se for any country, but there is of course objection on the part of the victims’ family. However, our attitude in the Senate was that one case cannot possibly prejudice the fate of seven Filipino prisoners in Spain .

During the interpellations, I did find out that according to Human Rights Watch, the jails in Spain are also congested, overcrowded, and there are not enough facilities for the number of prisoners.

On the postponement of the Comelec’s budget defense in the Senate

Whenever they do not want to appear, I will always want to discipline them. Because Comelec is not ready for budget defense today, I am recommending that we should lop off Php 277 million. That would only leave them Php 4 billion (original proposed busget is Php 4.277 billion). I think, out of basic courtesy to the Senate as an institution and to the fact that the senators prepared interpellation and, in my case as subcommittee chairperson, defense. They should have at least the respect to prepare themselves. You give an excuse slip during final examinations day to the teacher and say “I am sorry I will be absent because I am not prepared for the test.”

On the rush sale of geothermal plants

All I am saying is that I refused to be rushed on these sales. (They are saying that) The motion to accelerate the sale is based on the concept of privatization which is already mandated by law. I refuse to accept that argument because these are multibillion entities, such as Transco. You get one-tenth percent of billions and you get multimillions.

If this sale, based on these conditions, pushes through will there be kickbacks?

I am afraid so. Because why hurry it? The basic philosophy of Epira is not privatization. It is not to give our state assets to private individuals, but to reduce the cost of electricity in the country. This is because according to our lawmakers at that time private owners would run their businesses more efficiently and that would result to lower electricity rates. But as I’ve shown in my letter to the House panel of the Powercom, that is not necessarily the case with the sale of the geothermal plants. If you quote the price in dollars, what happened with the IPPs will happen all over again, because if you do, whenever there is a currency fluctuation it is the consumer who will have to make the so-called adjustment mechanism, which is actually an increase in the price of electricity.

I do know, as an experienced warrior in this field, that someone is going to make money here. I just want the public to be aware of that, because maybe their propaganda might be so effective that they would begin to charge the JCPC of inaction. No we are not. We are studying every case.

News Release

5 November 2007

MIRIAM ADDRESSES UN GENERAL ASSEMBLY

Senator Miriam Defensor Santiago delivered an address before the United Nations General Assembly last 2 November 2007 (Philippine time), during the International Law Commission (ILC) Week in New York.

The ILC Week is part of the General Assembly’s 62nd Session, and is the venue to discuss developments in international law.

Senate President Manny Villar, Majority Leader Kiko Pangilinan, and Minority Leader Aquilino Pimentel Jr. sent Santiago their best wishes before she left for New York .

Santiago , chair of both the Committee on Energy and the Committee on Foreign Relations in the Senate, as well as an international law expert, spoke before the General Assembly on the issues of shared natural resources and reservation to treaties.

As the Philippine candidate to the International Court of Justice (ICJ), Santiago ’s participation in the ILC Week served to introduce her to the international law community and highlight her intellectual capacity and grasp of international law issues.

Last 20 July 2007, Santiago was nominated to the ICJ by the Philippine National Group composed of Supreme Court Associate Justice Consuelo Ynares Santiago, retired Supreme Court Associate Justice Florentino Feliciano, then Integrated Bar of the Philippines National President Atty. Jose Vicente Salazar, and University of Santo Tomas Faculty of Civil Law Dean Alfredo Benipayo.

Santiago ’s candidature was endorsed by Chief Justice Reynato Puno, the Integrated Bar of the Philippines , the Philippine Bar Association, the Philippine Women Judges Association Inc., the Philippine Association of Law Schools, and the Philippine Association of Law Professors.

Santiago ’s nomination to the ICJ was announced by President Gloria Macapagal Arroyo during the ASEAN Ministers’ meeting last 30 July 2007.

Foreign Affairs Secretary Alberto Romulo has ordered all ambassadors and consul generals abroad to support the Philippine campaign for Santiago to the ICJ.

Should Santiago get elected to the ICJ, she will be the second Filipino to serve in the World Court . Supreme Court Chief Justice Cesar Bengzon served as ICJ judge from 1967 to 1976.

Santiago will also be the first female Asian judge in the ICJ. She will also be the second female ICJ judge, next to Rosalyn Higgins from the United Kingdom . Higgins currently serves as President of the ICJ.

Five seats in the ICJ will be available in 5 February 2009. Elections will be held at the UN in New York late 2008. A candidate needs to get at least majority vote in both the UN General Assembly and the UN Security Council, voting simultaneously but separately.

The ICJ is the principal judicial organ of the United Nations. The Court decides two types of cases: (1) legal disputes between States submitted to Court (contentious cases); and (2) requests for advisory opinions on legal questions referred to it by United Nations organs and specialized agencies (advisory opinions).

Santiago is banking on her long and distinguished career in government and her strong record of academic excellence to take her to the World Court .

Before her term as senator, she served as presiding judge of the Quezon City Regional Trial Court, Commissioner of Immigration, and Secretary of Agrarian Reform. She was awarded the 1988 Ramon Magsaysay Award for Public Service (the Asian equivalent of the Nobel Prize) for her work as Immigration Commissioner.

She has a Doctor of Science of Law degree from the University of Michigan , where she was a Barbour Scholar and Dewitt Fellow. She was also a Visiting Law Fellow at Oxford University and a Visiting Fellow at the Lauterpacht Research Centre for International Law at Cambridge University . She also worked as professor of law at the University for the Philippines for more than a decade. She is listed in the 2000 United Nations roster of eminent and highly qualified experts in international law and is the author of a number of books on international law and international relations.

Photo by Elmer Cato of the Philippine Mission to the United Nations

Breaking News

25 September 2006

ROMULO PUSHED FOR ANNAN U.N. POST

Sen. Miriam Defensor Santiago, chair of the Senate foreign relations committee, said she recommended to President Arroyo the nomination of Foreign Affairs Secretary Alberto Romulo for United Nation secretary general, a post that will be vacated by Kofi Annan by December 31 this year.

“By tradition, in 2007 it becomes the turn of an Asian to be secretary general. So far, the Asian field of candidates is considered weak,” said Santiago, a former UN officer in Geneva.

Santiago said that although the Asian bloc of countries had initially committed itself to support the Thai candidate, the recent coup d’etat has made the Thai candidacy problematic.

“Straw votes are being conducted, with results that are not convincing to UN observers. If we are going to have an Asian secretary general at all, why not a Filipino?” Santiago said.

The senator said that it is essential for a candidate to have the support of both China and the United States.

“Sec. Romulo appears to be acceptable to both Beijing and Washington. I think in his case France will be willing to waive the French requirement that the nominee should be French speaking,” she said.

Santiago said President Arroyo was amenable to the Romulo nomination during the Friday meeting between the senator and the President in Malacañang.

“In fact, the ideal candidate would be President Arroyo herself, because the widespread call is for a first female secretary general. Being an incumbent president and chair of the ASEAN, she would be the most highly qualified among any female candidate. There is even no qualified female candidate at present,” Santiago said.

However, the senator added that President Arroyo did not appear interested, at which point Santiago recommended instead Sec. Romulo.

“President Arroyo said that if the idea is attractive to Sec. Romulo, then the Philippines could start a serious campaign. It is timely, because early birds in the nomination process are usually overtaken by a dark horse,” she said.

Santiago expressed the hope that other Filipinos who have floated their own candidacies but have not yet received formal support from President Arroyo, would instead unite behind the nomination of Sec. Romulo.

“After all, Romulo is the incumbent foreign affairs secretary, a former presidential executive secretary, and a former senator. Among Asian candidates, he would probably be the most acceptable to the permanent members of the Security Council,” Santiago said.

Santiago pointed to the example of outgoing UN secretary general Kofi Annan, a UN bureaucrat who rose through the ranks, and was not even considered a serious candidate until the last few weeks of the negotiations.

“It would be a great honor and a source of prestige for our country if a Filipino is elected secretary general. It is a position of global leadership,” Santiago said.

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