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Children, advocates say lowering minimum age of criminal responsibility punitive, anti-poor

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Children and advocates oppose the lowering of the minimum age of criminal responsibility in a press conference, June 26 at the Commission on Human Rights. (Photo by Ronalyn V. Olea / Bulatlat)

“The developmental maturity of juveniles mitigates their criminal culpability.”- Psychological Association of the Philippines

By RONALYN V. OLEA
Bulatlat.com

MANILA — As legislators are expected to vote on the bill seeking to lower the minimum age of criminal responsibility from 15 to 12, children added their voices against the proposal.

Aaliyah Haban, 13, said children in conflict with the law (CICL) are victims of poverty and should not be punished.

“These children need help and support from the government, not detention or punishment, ” Haban, spokesperson of Children Rehabilitation Center Children’s Collective (CRC) said in Filipino during a press conference this morning, Jan. 26 at the Commission on Human Rights.

Seventeen-year-old Jansen Bordaliza agreed with Haban, saying that children whose parents do not have decent jobs, are forced to commit crimes. “It’s very clear that the proposal targets poor children,” he said in Filipino.

According to 2016 data from the Department of Social Welfare and Development (DSWD), 65 percent of CICL came from poor families without stable source income.

Children’s rights advocate Madella Santiago likened the bill to tokhang (anti-drug operations) as it would victimize the poor.

Punitive, not restorative

The bill is described as punitive by Gabriela Women’s Party Rep. Arlene Brosas. “The government would be creating criminals out of our children,” Brosas told Bulatlat in an interview.

She explained that if the bill is enacted, more children would be sent to regular detention facilities as there are limited Bahay Pag-asa centers in the country.

There are only 58 Bahay Pag-asa all over the country and only two are being run by the DSWD. Not all highly-urbanized centers have facilities for young law offenders as mandated by the Juvenile Justice and Welfare Act of 2006 (JJWA).

Brosas told Bulatlat she witnessed how children were detained along with adults. She recalled that more than 20 children were arrested during the demolition of urban poor homes in the East Bank of the Manggahan Floodway, Sta. Lucia village in Pasig City in October 2017.

The same thing happened during the demolition of homes in Navotas, Brosas said.

“The children were detained with their parents,” Brosas said.

Those in Bahay Pag-asa centers are no better. “There’s no hope for children in Bahay Pag-asa,” she said, citing the absence of efficient and effective rehabilitation program for CICL.

“The structures are there but there is no genuine program,” Brosas said. “There are no psychologists, doctors, nurses and there are a limited number of social workers.”

Brosas’s observation is the same with the statement of the Juvenile Justice and Welfare Council (JJWC) Executive Director Tricia Oco. In a report, Oco said Bahay Pag-asa for CICL “are worse than jail cells, lacking even furniture.”

No funds were allocated for the construction of more Bahay Pag-asa centers in the 2019 national budget, according to a report.

Brosas lamented that the House of Representatives has not acted on the resolutions filed by GWP as early as 2016. House Resolution 235 urges the House Committee to investigate the dismal, unsanitary and neglected conditions of Bahay Pag-asa and the alleged inhumane treatment of CICL inside the said facilities. House Resolution 252, meanwhile, urges the Committee on Appropriations to conduct an inquiry on the insufficient funding for the construction, management and operation of Bahay Pag-asa facilities.

Santiago, executive director of the Association for the Rights of Children in South East Asia (Arcsea), pointed out that the bill has no basis in science, saying that research shows that the age of discernment is 15 years old.

The Psychological Association of the Philippines (PAP), in its position paper opposing the bill, said,
Although they may be able to discern right from wrong action, it is their capability to act in ways consistent with that knowledge that is compromised by several factors…”

PAP identified these factors: deficiencies in decision-making capacity; heightened vulnerability due to coercive circumstances; and, the disadvantaged environment and profile of Filipino CICL.

Like Brosas, PAP fears that CICL’s “exposure to the criminal justice system, where the child will be labeled a criminal and where he or she is exposed to criminal models, will more likely establish the ‘criminal identity’ of the young person.”

PAP said studies have shown that encounters with the adult justice system results in greater subsequent crime, including violent crime, for the juvenile.

Solutions

Advocates agree that lowering the minimum age of criminal responsibility is not the solution.

Santiago said the government should address poverty if it wants to lessen the number of CICL.

Fourteen-year-old Carhrihl Aguilar said the government must provide free education to poor children and job security to their parents.

Santiago added that the rehabilitation program for CICL must be age-appropriate, gender sensitive and culturally sensitive. “All of these are absent in the implementation of the Juvenile Justice and Welfare Act,” she said.

Salinlahi Alliance for Children’s Concerns said efforts should be poured toward ensuring adequate and proper implementation of JJWA. These include increasing the budget of the primary agencies implementing the JJWA, establishing more Bahay Pag-asa and supporting initiatives that provide for the rehabilitation and reintegration of CICL.

Frances Bondoc, executive director of CRC, called on the public to intensify the pressure on legislators to vote against the bill. (https://www.bulatlat.com)

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Global Trouble, Local Bubble

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by Sonny Africa

The Philippine economy is slowing amid a global economy in a new period of uncertainty, unpredictability and volatility. The country’s economic policymaking however remains stuck in an imaginary world of efficient free markets, beneficial globalization and humane capitalism. A clearer view of where the world is today compels new economics more than ever.

Recently released growth figures confirm the end of the economy’s hyped upward trajectory – 6.7% growth in 2016 stalled to 6.6% in 2017 and dropped sharply to 6.2% in 2018. The economic managers want to see last year’s growth as just some kind of blip and like to think that regaining momentum is just a matter of ramped-up spending, an infrastructure binge, and practiced optimism.

Aside from, of course, the silver bullet of foreign investment which is oddly but persistently portrayed as having miraculous powers.

Yet none of these will be enough to overcome the inertia of a still very much underdeveloped domestic economy. Much less amid a global economy that’s stumbling and a world economic order that’s in the middle of a shakeup.

Slowing global growth

Domestic hype around the Philippines’ recent episode of relatively rapid economic growth has distracted from how the world economy — and the advanced capitalist powers in particular — are still caught in the protracted crisis that started in 2008. Global growth is nowhere near pre-2008 levels and is even slowing.

Global gross domestic product (GDP) growth was at nearly 4% in the five years before 2008 but then averaged just 2.7% in the decade since then. The seeming recovery in 2017 to 3.2% is proving short-lived with growth slipping to an estimated 3.1% in 2018 and projected to keep edging down to 3.0% in 2019.

Even the advanced capitalist powers are faltering. US economic growth is seen to slow from an estimated 2.8% in 2018 to 2.5% this year, enough to remain a superpower but not enough to dissuade challengers. Even powerhouse China, where state intervention engineered the most spectacular growth for a large economy in modern history, is slipping – from 6.6% in 2018 to just 6.3% this year.

Europe and Russia are stagnant at some 2% and 1.5%, respectively, although Japan is seen to grow marginally faster to 1.4% this year. The so-called developing economies are also seen to slow from an estimated 4.4% in 2018 to 4.3% this year. Slowing economies worldwide underpin the slowing growth in overseas Filipino remittances as well as the weakening of foreign investment flows into the country.

This is also showing up as a slowdown in trade. By volume, growth in global trade slowed from 5.3% in 2017 to an estimated 3.8% in 2018. These are already reflected in the Philippine’s slowing exports. For instance, the slowdown in shipping and ship orders is among the reasons for the troubles of Hanjin Philippines which went into receivership at the start of the year. Even service exports are pinched with business process outsourcing (BPOs) and call centers starting to lose much of their sheen.

Post-globalization

The world economy and international economic relations have always been determined by the big global powers and their self-interest, notwithstanding being dressed up in various guises of benevolent internationalism. This big power self-interest gave rise to the United States (US)-dominated post-Second World War order of Bretton Woods, the International Monetary Fund (IMF) and World Bank, World Trade Organization (WTO) and the dizzying array of bilateral, regional and multilateral free trade agreements (FTAs).

And it’s the same big power self-interest that is modifying this. The most visible is the emergence of the China-centered Asian Infrastructure Investment Bank (AIIB), New Development Bank (NDB), Belt and Road Initiative (BRI), and Silk Road Fund, among others.

But even mechanisms of the post-war order are being modified. The US is becoming obstructionist in the WTO to create leeway for its protectionism. It is also carving out spheres of influence and derailing an organization that it feels China used to strengthen its economy.

The global array of supposedly liberalizing FTAs is disrupted by the steadily escalating trade war between the two biggest economic powers. The US and China have increased tariffs on hundreds of billions of dollars’ worth of exports to each other. The US has also already invoked national security to restrict Chinese investments in technology firms and is considering controlling Chinese students and even banning Huwaei and ZTE devices.

Not that trade was ever completely free between them. Still, after new tariffs especially by the US in 2018, some 90% of their trade with each other is now subject to trade barriers. The US has taken the lead in brazen unilateralism and it may just be a matter of time before other major powers follow suit.

In any case, governments around the world are sticking to or reloading and reusing their protectionist guns. Global Trade Alert (GTA) reports G20 countries implementing over 9,041 protectionist measures since 2008 with the biggest number in a year having been implemented in 2018. The most common measures include targeted state subsidies, export support, tariffs and other trade protection, government procurement restrictions, and foreign investment controls.

Building on these post-war mechanisms, there was a show of global cooperation after the 2008 financial crisis with the G8 and G20 governments pledging greater coordination of their financial and fiscal policies. This has not happened and, if anything, there is the United Kingdom (UK) leaving the European Union (EU) with Brexit.

Yet such coordination, if such was even possible, is more important than ever. The world is looking much the same as just before the explosive financial crisis in 2008.

Debt levels are higher than ever and borrowing costs are rising. The Institute of International Finance has estimated global debt at over US$244 trillion as of the third quarter of 2018; this is 318% of global GDP which is higher than the 290% at the end of 2008 during the last global financial crisis.

The danger is that this much larger debt has not been matched by a similar growth in the real economy which, in effect, means that the record debt is even more unpayable than before. The US, Europe, Japan and China all undertook massive debt-driven stimulus programs in the last decade to try and deal with the crisis. Growing debt and rising interest rates create the conditions for a global financial crisis – which could be triggered by a stock market crash, bursting of a real estate bubble, banking crisis, a non-economic crisis, or some combination of these.

Tensions and contradictions

And it’s not as if it’s just the economy that matters for the economy. Unlike in textbooks, in the real world there are things like festering social unrest and geopolitical risks which have real economic effects.

The trade war between US and China is just one part of their larger battle for economic supremacy. The US remains the world’s premier economic and military superpower. China is however ever more openly challenging this. The AIIB and NDB it set up are global finance and economic institutions to match the US-dominated IMF and World Bank.

But there is also its “Made in China 2025” drive to be a high-technology manufacturing power. This increases China’s productivity, will make its economy larger than the US, as well as expand its military capacity. The BRI, estimated to cost anywhere from US$1-8 trillion, is an infrastructure strategy relieving excess capacity but also increasing Chinese influence across Asia, through the Middle East, to North Africa, and all the way to Europe.

The scale of their competition cannot but have repercussions. The infrastructure investment fund the US is piloting in Asia may grow to the point that countries will be pressured to take sides, the US or China, which will disrupt existing economic relations.

The increasingly fragile global economy is also vulnerable to any of a number of potentially destabilizing flashpoints around the world.

Closest to home are the territorial disputes in the West Philippine Sea where any increase in China’s aggressiveness may be met by a greater pushback from the US military. But there are also many others: the Syrian conflict may escalate again especially upon heightened US military action; the US appears set to increase its economic sanctions and other efforts to weaken and isolate Iran; and the US and its allies will continue to pressure North Korea particularly on its nuclear program. Even Russia might become more aggressive and take military action in the Ukraine.

Bubble economics

The world situation is unstable but domestic economic policymaking is trapped in a bubble.

Free market policies of neoliberal globalization have been steadily implemented over nearly forty years since the early 1980s. These have just made the domestic economy the shallowest it has ever been with agriculture and Filipino industry in chronic decline. More than any short-term factors, these unsound fundamentals are the ultimate reason for the worst job generation in decades as well as the highest inflation, weakest peso, worst current account deficits, lowest international reserves, and worst government deficits and debt in years.

The economy is under stress yet economic managers are sticking to antiquated free market policies that even the big powers are less and less inclined to. Huge shifts are taking place in the global economy and, if only for these, huge reforms are needed in the country’s economic policies. What these are exactly is not clear. The Philippines has to take not just the global turbulence but also the damage from some four decades of neoliberalism into consideration.

What is clear however is the direction that must be taken: replacing neoliberalism with a People Economics that is biased for the majority over a few and the national economy over self-interested foreign powers. ###

Second year of slowing growth a wake-up call – IBON

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Research group IBON said that the second year of slowing growth under the Duterte administration should be enough to jolt it out of its complacency and denial. The downturn in the last two years and the poor prospects in the year to come should be a wake-up call to start to undertake the difficult but necessary reforms for genuinely inclusive growth and national development.

The Philippine Statistics Authority (PSA) reported a 6.2% annual growth in the country’s gross domestic product (GDP) for 2018, lower than government’s revised growth target of 6.5-6.9% for the year. Government cited slowing agriculture and high inflation as among the main factors pulling back growth, while the main drivers were growth in construction, and trade and repair of motor vehicles, motorcycles, personal and household goods.

“Growth is slowing most of all because of the economy’s unsound fundamentals in backward agriculture and shallow industry,” said Sonny Africa, IBON executive director.

The agriculture sector registered just 0.8% growth in 2018 from 4% in 2017. This is the sector’s worst performance since its contraction in 2016. Yet, Africa said, the administration seems to have little interest in reversing this trend. For example, the Php49.3 billion agriculture department budget for 2019 proposed by Congress is Php1.4 billion less than the Php50.7 billion in 2018 (in equivalent cash-based terms).

Africa also noted that manufacturing growth slowed to 4.9% in 2018 from 8.4% the year before, which is the slowest since the 4.7% growth in 2011. He said that this is due to weaker demand in domestic consumption and weaker exports amid the global economic slowdown. Manufacturing also remains shallow in being low value-added, foreign-dominated, and dependent on foreign capital and technology.

Africa pointed out that recent rapid growth has instead relied on external short-term factors that are fading. Yet remittances are slowing, exports are falling, and interest rates are rising. The real estate and consumer spending booms are also petering out.

Growth in overseas remittances slowed from 5.0% in 2016 to 4.3% in 2017 to just 3.1% in the first 10 months of 2018, said Africa. Exports growth increased from 11.6% in 2016 to 19.5% in 2017, but then fell to 11.5% in 2018. Meanwhile, the benchmark overnight reverse repurchase (RRP) rate rose steeply from 3.0% in 2017 to 4.8% by end-2018, reversing the decade-long general decline in interest rates.

Africa also said that household consumption spending markedly slowed from 7.1% growth in 2016 and 5.9% in 2017 to just 5.6% in 2018. The real estate boom is also tapering with 2016 growth of 8.9% in real estate, renting and business activities declining to 7.4% in 2017 and falling further to just 4.8% in 2018.

“Rising government spending and its infrastructure offensive haven’t been enough to offset the reliance on waning external factors,” said Africa. “The administration’s efforts to stimulate growth to its 7-8% target with even more spending, are not going to be enough amid high disguised unemployment, low incomes, and the global slowdown this year.” Global GDP growth is estimated to slow from 3.1% in 2018 to 3.0% this year.

“The Duterte administration needs to stop downplaying slowing growth and hyping that this as still among the fastest in the region and the world because the growth is becoming more jobless than ever,” Africa said.” The number of employed only increased by 162,000 from 41 million in 2016 to 41.2 million in 2018, according to data from the Philippine Statistics Authority (PSA). Average annual job creation was then only 81,000 in the period 2017-2018, which is the lowest level of job creation among post-Marcos administrations.

Africa said that government continues to ignore telltale signs of an economic downturn and deceive Filipinos with its rosy picture of the economy. He said that the sooner the administration admits the failure of its neoliberal policies, the sooner measures that will spur domestic industries and benefit the Filipino people can be implemented. ###

Inside a bus

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Filipino commuters have to contend with the sorry state of public transport every day.

By GI MORI
(https://www.bulatlat.com)

The post Inside a bus appeared first on Bulatlat.

‘DFA should have ensured passport data is incorruptible, readily accessible to gov’t’

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“There are technological solutions it could implement to prevent data corruption.”

By MARYA SALAMAT

Bulatlat.com

MANILA – The Department of Foreign Affairs (DFA) remains accountable to any burden or risk to the passport holders arising from the passport data mess.

In a message emailed to Bulatlat, IT specialist Angel Averia described the latest twist in the passport data problem as one where everyone involved (the government and its private contractors) are simply washing their hands off the mess.

Late last week, in the face of public outcry over what was first reported as DFA’s loss of passport data, the DFA and its former contractor, APO, clarified they have the data all along. These data, they said, are in fact in the equipment turned over by UGEC, the subcontractor tapped by APO.

The DFA said in a statement January 21 that it remains in custody and control of passport data. It sought to reassure fears of identity theft saying the data “has not been shared with or accessed by any unauthorized party.”

On January 21, the DFA also met with the National Privacy Commission (NPC) and said “measures are in place to protect the personal data of passport applicants.”

But the DFA still has to answer to its failure in ensuring the data collected by its private contractors are not easily corruptible or inaccessible whether they are pissed off or not. Averia said the still unanswered problem is that these data are in a format that is inaccessible to APO, but lately, they said, their tech managed to access some of the data. Some of the data were reportedly not accessed because it had been corrupted and destroyed or in a different format.

Data corruption is preventable, said Averia. He said the government failed to ensure that the data they were collecting would not be corrupted, when “There are technological solutions it could have implemented to prevent it. In disk storage, there is the what we call as RAID technology,” Averia explained.

RAID (Redundant Array of Independent Disks, originally Redundant Array of Inexpensive Disks) is a data storage virtualization technology that combines multiple physical disk drive components into one or more logical units for the purposes of data redundancy, performance improvement, or both.

Averia said the government should have ensured that it has an online backup.  “Whatever is being written in primary storage should have been written also in a backup storage,” Averia explained.

The Filipinos cannot just let such a passport data mess to go unpunished and uncorrected. According to the overseas Filipino workers’ advocates, the DFA must take (and share) concrete measures to secure the data, and eradicate the burden, inconvenience and risks which its loss or inaccessibility or corruptibility might cause the passport holders and applicants.

Averia added the government has also failed to ensure the compatibility in data formats used by the government and the contractors.

In their contracts with private players, “They should have stated from the beginning the data format to use. While it’s true that sometimes, the developer has its own technical format with its own proprietary rules, the government should have ensured that the data are also written in a standard accessible format.” (https://www.bulatlat.com)

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BRIDGE OF PEACE

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A construction worker is working double time to complete the symbolic “Bridge of Peace” or the Mamasapano Bridge in Tukanalipao, Mamasapano Maguindanao.