End impunity

The annual celebration every Dec. 10 of International Human Rights Day never ceases to evoke thoughts of the relentless struggles of children, women and men for their rights to be respected by the duty bearer, the government.

This year’s observance was anchored on the theme “End Impunity: Make Human Rights Our Way of Life”. The choice of the theme is an acknowledgment by the government that the culture of impunity in this country is real. Our shameful ratings in the various scorecards of independent international agencies, be it corruption perception, global competitiveness or governance, reflect where we were and still are: at the bottom rung of the ladder among Asian nations, if not of the world.

Unfortunately, public agencies and officials were and still are the source of violations of our human rights and laws. We wince at officials’ display of arrogance and entitlement, with almost zero accountability to the sovereign people. Worse, people have accepted and tolerated the mediocrity, the corruption and the degrading state of affairs for far too long.

Impunity exists because our so-called independent institutions were and are too weak to make their presence felt in the hearts and minds of political authorities. The credibility of the Office of the Ombudsman under the leadership of Merceditas Gutierrez was at its lowest.

We are looking at the new Ombudsman to regain and help restore public trust in the office, the constitutionally mandated “protector of the people.” If the new Ombudsman’s filing of the cases against the untouchables of the past administration is an indication of its new-found independence, then maybe, it might just win back what it lost.

Under the President’s tuwid na daan philosophy and social contract with us, moored on inclusive, participatory and open governance, do we see, finally, a return to the rule of law where human rights are respected, mandates performed and laws enforced by the government?

The flyover controversy is a test that ther President cannot possibly afford to flunk and lose face. The valid issues raised by those who oppose the projects will not abate until sustainable solutions are pursued. The ill-conceived and proponent-driven projects, without public participation, have generated the involvement of citizens vigorously claiming their rights to be listened to and participate in crafting their sustainable future, as residents in the oldest city of our country. Some members of the Movement for Livable Cebu (MLC) are citizens who, years back, could not be imagined doing what their energies and passion made them do to make sure that our human rights to life, honor, dignity and participation are respected by the government.

The tenacity, creativity and resilience of the MLC members strongly remind me of the days that led to the birth of the Save Tañon Strait Citizens Movement. It took place four years ago to stop the destruction to the protected seascape, a rich fishing ground and migratory pathway where 14 out of 26 species of whales and dolphins in the country converge. The crisis was brought about by the offshore oil drilling by Japex Petroleum in cahoots with the Gloria Macapagal-Arroyo administration, then Energy Secretary Angelo Reyes, Cebu Gov. Gwendolyn Garcia and two Cebu municipalities, Alegria and Pinamungahan, in Tañon Strait Protected Seascape (Tanon Strait).

Tañon Strait covers not only Cebu but the provinces and local government units in Negros Oriental and Negros Occidental. As the project would destroy the ecological integrity of the protected seascape, affected fisherfolk, scientists and local public officials protested. The stakeholders of Negros Occidental and Negros Oriental, as in Cebu, were bypassed. Despite the stiff opposition and the lack of a genuine protected area management board in Tañon Strait, the project was implemented. Japex eventually withdrew from the contract.

But, the damage was done. Cetacean species and numbers dwindled. Fisherfolk were driven into penury as accurately documented in a study entitled “Hunger and Plunder in the Seas.”(https://www.panap.net/en/fs/post/food-sovereignty/266.)

Left with no choice but to claim their rights that government so arrogantly set aside, the fisherfolk and, yes, the cetaceans, went to court. It was one of the environmental suits that merited a simultaneous Page One retelling in three local dailies including Cebu Daily News (“Pinoy Dolphins vs. Japan Firm) in its Dec. 19, 2007 issue.

Then, there were no green courts. The special environmental courts were established in 2008. The stakeholders who helped craft the empowering Rules of Procedure for Environmental Cases (Rules) were still to be congregated by the Supreme Court.

It was only in 2009 when the judicial branch under the visionary watch of chief justice Reynato Puno initiated the unprecedented Environmental Justice Forum, preceded by the multi-stakeholder summit, Increasing Access to Justice, in 2008.

In 2010, the empowering Rules became effective. Hopefully, the Rules will someday end the mindset of impunity that still lingers in the consciousness of the enforcers and regulatory officials.

Whatever the outcome of the case and the flyover controversy might be, one thing is certain: The passion for nature, ecological stewardship and fulfillment of human rights will always make local stakeholders defy the odds. The dream lives on.

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TWG Forum on December 14: The Movement for Livable Cebu invites the public to attend the Technical Working Group Forum: Its Findings and Recommendations. This important event will cover the TWG Report covering the Flyovers, Traffic and Infrastructure Issues of Metro Cebu. The Report was inexplicably not endorsed to the Regional Development Council of Region VII for reasons beyond comprehension. For those who need to be enlightened on the issues, be at the St. Theresa’s College Auditorium, from 3 p.m. to 5 p.m., Wednesday, Dec. 14. As the issues concern our basic human right to a sustainable future, bring along the entire family and network.