Monday, February 12, 2018
Disinformation [fake news]: Normalizing political deception.
"x x x.
Chief disinformation architects in the PH: Not exactly who you think
Understanding that fake news is the professional product of advertising and PR strategists means we need to challenge the broader system that has not only normalized political deception but made it financially rewarding.
By Jonathan Corpus Ong and Jason Cabanes
Published 1:00 PM, February 11, 2018
Updated 1:00 PM, February 11, 2018
Rappler.com
While the Philippine public’s moral panics about fake news focus on notorious celebrity influencers such as Mocha Uson and their avid followers – derogatorily dubbed as "troll armies" – our latest research funded by the British Council reveals that the real chief architects of disinformation wear respectable faces as leaders in the ad and PR industry, hiding in plain sight while sidestepping accountability.
In a 12-month project conducted by researchers in the University of Massachusetts, University of Leeds and De La Salle University Philippines, we conducted in-depth interviews and online observation with operators of fake Facebook and Twitter accounts, and the strategists who provide them the detailed scripts and schedules to follow.
We gained unprecedented access to the digital underground, with informants supplying us with passwords of fake accounts used to seed divisive memes and revisionist history narratives in the lead-up to the 2016 Philippine elections up to this day.
We found that disinformation production is a professionalized enterprise: hierarchical in its organization, strategic in its outlook and expertise, and exploitative in its morality and ethics.
Our report, "Architects of Networked Disinformation: Behind the Scenes of Troll Accounts and Fake News Production in the Philippines”, thus argues that the problem of fake news and disinformation production goes much deeper than exceptional, individual villains. Addressing the problem means challenging the system that has not only normalized political deception, but made it financially rewarding – especially for people at the top.
Ad and PR strategists as chief architects
Occupying the top level of the networked disinformation hierarchy, ad and PR executives play the role of high-level digital strategists. They hold leadership roles in "boutique agencies", handling a portfolio of corporate brands while freelancing for political clients on the side.
Motivated by the challenge of proving their clout in a new political and professional arena, "chief disinformation architects" use professional tools of the trade to fulfill their political clients’ needs. With their track record for launching Facebook business pages, trending hashtag campaigns worldwide, and building engaged communities for household brands, telcos or celebrities, tried-and-tested industry techniques of spin and reputation-building acquire new power and momentum in their hands – and these skills are for sale.
To quote one of the strategists we interviewed: “The only difference is that you’re a high-class prostitute in advertising, but in political marketing you’re a low-class prostitute.”
“Brand bibles” and “campaign objectives” in hand, chief architects of disinformation then assemble teams of anonymous digital influencers and fake account operators, on whom they rely heavily to execute their disinformation designs on social media.
Anonymous digital influencers gaming trending topics
Bridging the gap from strategy to the streets, anonymous digital influencers usually operate one or more Facebook pages or Twitter feeds that have anywhere from 50,000 to two million followers.
Their purpose: to hack attention with a specific brand of humor, widely appealing “inspirational” quotes, or astute knowledge of pop culture – and slip in the occasional undisclosed paid post into their feed. They are crucial agents who amplify and reinforce the core communication messages set by the high-profile bloggers and influencers we refer to as "key opinion leaders" in our report.
Hiding behind colorful social media personas, anonymous digital influencers have their fingers on the public pulse, from social media behaviors to political sentiments. Translating campaign strategies into shareable content, they post content for or against particular politicians, often anchored on a hashtag set by the chief architects. They use these to create viral Facebook posts, game Twitter trending rankings, and influence the way mainstream media covers a story.
They work part-time and per project, alongside day jobs in IT, corporate marketing, or online community management for celebrities’ fan clubs. They are the Philippines’ precarious, aspirational middle-class, taking on freelance digital work to achieve a certain kind of lifestyle. They are an organized, skilled, and digitally savvy labor force, or as one chief strategist describes them: “a stockpile of digital weapons” that the Philippines isn’t aware of.
Fake account operators creating illusions of engagement
At the bottom of the hierarchy, community-level fake account operators do what we call script-based disinformation work – the grunt work. Fake accounts post pre-made content on schedule and actively like and share posts to meet a daily quota. More importantly, they create the illusion of engagement – a bandwagon effect that affirms and amplifies the key messages of a political campaign, and encourages real people (i.e., unpaid grassroots supporters and political fans) to openly express their support for a particular politician.
Most of the fake account operators we met were in it for the financial rewards – freelancers paid on a daily basis for hitting their quota of social media activity, or who worked in “call-center” type arrangements in the politician’s hometown. Others were junior employees of politicians’ own administrative staff, assigned to operate fake accounts off hours – work that they did not expect and were not paid extra for.
Understanding and challenging the system
Understanding that fake news is the outcome of a professional and hierarchical work structure rooted in the promotional industries of advertising and PR tells us that we need to be more creative and collaborative in addressing our current toxic climate of information pollution.
While media and civil society initiatives to blacklist fake news websites, expose fake accounts, and fact-check the divisive celebrity influencers may be well-meaning, they do not treat the underlying causes of the problem.
It’s an open industry secret that ad and PR executives take on political sideline jobs. How can their industry peers hold them accountable for the impact of their actions? The development of a self-regulatory commission that requires disclosure of political consultancies is a step towards encouraging the traceability and accountability of these digital campaigns within the ad and PR industry.
New national campaign finance legislation – what we call a Political Campaign Transparency Act – to finally get a clear picture of what politicians spend on digital campaigning is what we strongly recommend. During elections for example, politicians are required to disclose campaign spends on traditional media like TV and radio, but not for online and social media. The public has the right to know the quantity and quality of politicians’ television and radio advertising materials but also the viral videos, trending hashtags, and Facebook advertisements they purchase.
We encourage journalists, civil society leaders, and academics to go beyond selectively shaming notorious influencers and exposing troll accounts while conferring hero status on others.
Beyond high-profile targets, we need to collaborate toward solving the bigger problem at hand: "paid troll" work is an offer that has simply become too good to refuse. While addressing the top of the fake news production hierarchy, we also need to look out for the precarious creative workers who might sign up for this kind of morally questionable work, by creating industry sanctions and safety nets that prevent them from slipping into the digital underground.
To quote one of the "chief architects" that we interviewed: “Every time you see a comment, a post, and everything else, don't just see a screen. There's someone warm behind that screen, who's looking for empathy, who's looking for a solution, for understanding.”
We hope to have helped open a discussion by attempting to understand the people behind the screen: who they are, how they operate, what motivates them, and what affects the content and narratives they spread. Now, we pass the challenge on to the Filipino public – because the stories they shape may become our own. – Rappler.com
Jonathan Corpus Ong is Associate Professor in Global Digital Media at the University of Massachusetts at Amherst (USA). He is the Convenor of the Newton Tech4Dev Network and author of the book The Poverty of Television: Mediating Suffering in Class-Divided Philippines (2015). Jason Cabañes is Lecturer in International Communication at the University of Leeds (UK). As part of the British Council funded Newton Tech4Dev Network, he co-leads the digital labor research stream.
The report is available for free download at Newton Tech4Dev Network.
x x x."
See - https://www.rappler.com/thought-leaders/195743-disinformation-architects-philippines
In a 12-month project conducted by researchers in the University of Massachusetts, University of Leeds and De La Salle University Philippines, we conducted in-depth interviews and online observation with operators of fake Facebook and Twitter accounts, and the strategists who provide them the detailed scripts and schedules to follow.
We gained unprecedented access to the digital underground, with informants supplying us with passwords of fake accounts used to seed divisive memes and revisionist history narratives in the lead-up to the 2016 Philippine elections up to this day.
We found that disinformation production is a professionalized enterprise: hierarchical in its organization, strategic in its outlook and expertise, and exploitative in its morality and ethics.
Our report, "Architects of Networked Disinformation: Behind the Scenes of Troll Accounts and Fake News Production in the Philippines”, thus argues that the problem of fake news and disinformation production goes much deeper than exceptional, individual villains. Addressing the problem means challenging the system that has not only normalized political deception, but made it financially rewarding – especially for people at the top.
Ad and PR strategists as chief architects
Occupying the top level of the networked disinformation hierarchy, ad and PR executives play the role of high-level digital strategists. They hold leadership roles in "boutique agencies", handling a portfolio of corporate brands while freelancing for political clients on the side.
Motivated by the challenge of proving their clout in a new political and professional arena, "chief disinformation architects" use professional tools of the trade to fulfill their political clients’ needs. With their track record for launching Facebook business pages, trending hashtag campaigns worldwide, and building engaged communities for household brands, telcos or celebrities, tried-and-tested industry techniques of spin and reputation-building acquire new power and momentum in their hands – and these skills are for sale.
To quote one of the strategists we interviewed: “The only difference is that you’re a high-class prostitute in advertising, but in political marketing you’re a low-class prostitute.”
“Brand bibles” and “campaign objectives” in hand, chief architects of disinformation then assemble teams of anonymous digital influencers and fake account operators, on whom they rely heavily to execute their disinformation designs on social media.
Anonymous digital influencers gaming trending topics
Bridging the gap from strategy to the streets, anonymous digital influencers usually operate one or more Facebook pages or Twitter feeds that have anywhere from 50,000 to two million followers.
Their purpose: to hack attention with a specific brand of humor, widely appealing “inspirational” quotes, or astute knowledge of pop culture – and slip in the occasional undisclosed paid post into their feed. They are crucial agents who amplify and reinforce the core communication messages set by the high-profile bloggers and influencers we refer to as "key opinion leaders" in our report.
Hiding behind colorful social media personas, anonymous digital influencers have their fingers on the public pulse, from social media behaviors to political sentiments. Translating campaign strategies into shareable content, they post content for or against particular politicians, often anchored on a hashtag set by the chief architects. They use these to create viral Facebook posts, game Twitter trending rankings, and influence the way mainstream media covers a story.
They work part-time and per project, alongside day jobs in IT, corporate marketing, or online community management for celebrities’ fan clubs. They are the Philippines’ precarious, aspirational middle-class, taking on freelance digital work to achieve a certain kind of lifestyle. They are an organized, skilled, and digitally savvy labor force, or as one chief strategist describes them: “a stockpile of digital weapons” that the Philippines isn’t aware of.
Fake account operators creating illusions of engagement
At the bottom of the hierarchy, community-level fake account operators do what we call script-based disinformation work – the grunt work. Fake accounts post pre-made content on schedule and actively like and share posts to meet a daily quota. More importantly, they create the illusion of engagement – a bandwagon effect that affirms and amplifies the key messages of a political campaign, and encourages real people (i.e., unpaid grassroots supporters and political fans) to openly express their support for a particular politician.
Most of the fake account operators we met were in it for the financial rewards – freelancers paid on a daily basis for hitting their quota of social media activity, or who worked in “call-center” type arrangements in the politician’s hometown. Others were junior employees of politicians’ own administrative staff, assigned to operate fake accounts off hours – work that they did not expect and were not paid extra for.
Understanding and challenging the system
Understanding that fake news is the outcome of a professional and hierarchical work structure rooted in the promotional industries of advertising and PR tells us that we need to be more creative and collaborative in addressing our current toxic climate of information pollution.
While media and civil society initiatives to blacklist fake news websites, expose fake accounts, and fact-check the divisive celebrity influencers may be well-meaning, they do not treat the underlying causes of the problem.
It’s an open industry secret that ad and PR executives take on political sideline jobs. How can their industry peers hold them accountable for the impact of their actions? The development of a self-regulatory commission that requires disclosure of political consultancies is a step towards encouraging the traceability and accountability of these digital campaigns within the ad and PR industry.
New national campaign finance legislation – what we call a Political Campaign Transparency Act – to finally get a clear picture of what politicians spend on digital campaigning is what we strongly recommend. During elections for example, politicians are required to disclose campaign spends on traditional media like TV and radio, but not for online and social media. The public has the right to know the quantity and quality of politicians’ television and radio advertising materials but also the viral videos, trending hashtags, and Facebook advertisements they purchase.
We encourage journalists, civil society leaders, and academics to go beyond selectively shaming notorious influencers and exposing troll accounts while conferring hero status on others.
Beyond high-profile targets, we need to collaborate toward solving the bigger problem at hand: "paid troll" work is an offer that has simply become too good to refuse. While addressing the top of the fake news production hierarchy, we also need to look out for the precarious creative workers who might sign up for this kind of morally questionable work, by creating industry sanctions and safety nets that prevent them from slipping into the digital underground.
To quote one of the "chief architects" that we interviewed: “Every time you see a comment, a post, and everything else, don't just see a screen. There's someone warm behind that screen, who's looking for empathy, who's looking for a solution, for understanding.”
We hope to have helped open a discussion by attempting to understand the people behind the screen: who they are, how they operate, what motivates them, and what affects the content and narratives they spread. Now, we pass the challenge on to the Filipino public – because the stories they shape may become our own. – Rappler.com
Jonathan Corpus Ong is Associate Professor in Global Digital Media at the University of Massachusetts at Amherst (USA). He is the Convenor of the Newton Tech4Dev Network and author of the book The Poverty of Television: Mediating Suffering in Class-Divided Philippines (2015). Jason Cabañes is Lecturer in International Communication at the University of Leeds (UK). As part of the British Council funded Newton Tech4Dev Network, he co-leads the digital labor research stream.
The report is available for free download at Newton Tech4Dev Network.
x x x."
See - https://www.rappler.com/thought-leaders/195743-disinformation-architects-philippines
Duterte and revolutionary taxes
"x x x.
NPA taxation a reality, just pay them – Duterte
Oct. 22, 2013 DAVAO TODAY
DAVAO CITY – City Mayor Rodrigo Duterte had this advice to agri-business players who might be asked for ‘revolutionary taxes’ by the New People’s Army: just pay them.
The mayor raised this point, along with other concerns on peace and order, in his address during the opening day of the Davao Trade Expo 2013 last Thursday at the SMX Convention Center.
“It’s a fundamental question for business: is it good to do business in the mountains? Do we give in to them?” the mayor asked.
He said as mayor of a city in Mindanao dealing with “revolutionary” and “ideological” groups such as the Communist Party of the Philippines and Moro revolutionary groups, the way to deal with them is to talk to them.
“It’s a matter others want to avoid. But it’s a reality that has to be talked openly, since the NPA is more active now in Region 11, notwithstanding the statements from the AFP (Armed Forces of the Philippines),” Duterte said.
December last year, Duterte drew flak when his pronouncement during a visit at the Communist Party of the Philippines quoted him as saying that he pays revolutionary tax. A youtube video later circulated accusing him of giving P125 million as annual revolutionary taxes.
He clarified that he attended the CPP anniversary at a Typhoon Pablo-affected area where he gave some amount for the typhoon victims; the funds were sourced out from private donors. He said he merely kidded that the funds were the taxes that he would pay to NPAs, but because there was no barangay captain around to receive the donation, he coursed it through local NPA leaders.
In Thursday’s trade expo, Duterte said, “I can talk, but I can’t talk them out of their ideology. You have to realize the Communist Party is entering its 45th year here. You have to admit there’s been historical injustice committed on the people.”
Duterte said the national government should deal with the revolutionary groups by talking peace.
“Crimes I can deal with it. But with the revolutionary (groups), I give it to the (national) government, but here, I advised government not to make arrests of revolutionaries” he said.
As to the NPAs asking taxes he said “I cannot put it to a stop. So factor that in your investments. If you pay to the BIR (Bureau of Internal Revenue), you prepare also for the NPA.” Some participants giggled and smiled on this remark.
Duterte went on and explained that the NPAs are open to discuss terms.
“You give credit to these revolutionaries, you can exchange words and deal with them,” he said, citing experience that the NPA could be negotiated in the release of captured government soldiers and police.
The mayor added his account when the NPA apologized for the grenade attack in a gym in Paquibato district that injured civilians and paid 5,000 pesos for all the victims.
“When they informed me they will pay 5,000 pesos, I said ‘good’. When I asked where they will get the money, they said they will get it from banana planters,” Duterte quipped.
The mayor also assured investors of safety from crime and from corrupt officials and police in the city.
He also assured efficiency in business applications in local government services, as he emphasized his “72-hour policy that all transactions will be done.”
“If this fails, bring your papers to my office and I will work on it,” the mayor said.
This year’s Davao Trade Expo, organized by the Davao City Chamber of Commerce, focused on the region’s agricultural expansion to boost production and income. The expo promoted “five golden crops” in agriculture namely coconut, coffee, cacao, corn and cassava. The event drew in around 500 participants and 200 exhibits in agri-business products. (davaotoday.com)
x x x."
See -
http://davaotoday.com/main/politics/new-peoples-army/npa-taxation-a-reality-just-pay-them-says-duterte/
Dengvaxia and Aquino, Duterte
"x x x.
OPINION: Should Aquino, Duterte be held liable for dengvaxia deaths?
By Raissa Robles
Posted at Feb 10 2018 05:28 AM
Should former President Benigno Aquino III be held responsible for dengvaxia deaths?
Of course.
Along with President Rodrigo Duterte.
Both implemented the program: President Aquino for THREE MONTHS, and President Duterte for FIFTEEN MONTHS.
Duterte bears a bigger burden because he continued it despite the fact that the World Health Organization (WHO) had already issued a position paper outlining the risks.
In late July 2016—weeks after Duterte became President, the WHO finally came out with its findings and recommendation:
“…vaccination may be ineffective or may theoretically even increase the future risk of hospitalized or severe dengue illness in those who are seronegative at the time of first vaccination regardless of age.”[i] As this risk had at that time not been seen in the age groups for which the vaccine was licensed, WHO issued a conditional recommendation, emphasizing the use of the vaccine in populations having been previously infected with dengue virus.
To minimize illness for seronegative vaccinated people, WHO recommends enhancing measures that reduce exposure to dengue infection among populations where the vaccine has already been administered. For vaccine recipients who present with clinical symptoms compatible with dengue virus infection, access to medical care should be expedited to allow for proper evaluation, identification, and management of severe forms of the disease.”
By July 1, 2016, Duterte had assumed office and Paulyn Ubial was his Secretary of Health. Despite the WHO position paper, Ubial said she continued the dengvaxia vaccination program.
Over a year later in December 2017, Ubial told a Senate committee probe that certain House lawmakers had pressured her into expanding the vaccination program.
See: news.abs-com timeline
Duterte could have stopped the program when he assumed office in July, but he didn’t. Ubial temporarily halted it TEN MONTHS LATER in May 2017. But she resumed it in June 2017. Then scrapped it SIX MONTHS LATER in December 2017.
When the Duterte government finally stopped giving vaccinations, spokesman Harry Roque said: “He (Duterte) would have done the same thing (Aquino did) because he himself has suffered from dengue and you can’t deprive the people of what they thought would be protection against a deadly disease when it existed.”
Are dengvaxia deaths, if criminal neglect is proven, an impeachable crime?
Most probably.
The bar for impeachable crimes has fallen quite drastically, if you watch the House committee deliberation on the impeachment of Chief Justice Maria Lourdes Sereno.
x x x."
See -
http://news.abs-cbn.com/blogs/opinions/02/10/18/opinion-should-aquino-duterte-be-held-liable-for-dengvaxia-deaths
Of course.
Along with President Rodrigo Duterte.
Both implemented the program: President Aquino for THREE MONTHS, and President Duterte for FIFTEEN MONTHS.
Duterte bears a bigger burden because he continued it despite the fact that the World Health Organization (WHO) had already issued a position paper outlining the risks.
In late July 2016—weeks after Duterte became President, the WHO finally came out with its findings and recommendation:
“…vaccination may be ineffective or may theoretically even increase the future risk of hospitalized or severe dengue illness in those who are seronegative at the time of first vaccination regardless of age.”[i] As this risk had at that time not been seen in the age groups for which the vaccine was licensed, WHO issued a conditional recommendation, emphasizing the use of the vaccine in populations having been previously infected with dengue virus.
To minimize illness for seronegative vaccinated people, WHO recommends enhancing measures that reduce exposure to dengue infection among populations where the vaccine has already been administered. For vaccine recipients who present with clinical symptoms compatible with dengue virus infection, access to medical care should be expedited to allow for proper evaluation, identification, and management of severe forms of the disease.”
By July 1, 2016, Duterte had assumed office and Paulyn Ubial was his Secretary of Health. Despite the WHO position paper, Ubial said she continued the dengvaxia vaccination program.
Over a year later in December 2017, Ubial told a Senate committee probe that certain House lawmakers had pressured her into expanding the vaccination program.
See: news.abs-com timeline
Duterte could have stopped the program when he assumed office in July, but he didn’t. Ubial temporarily halted it TEN MONTHS LATER in May 2017. But she resumed it in June 2017. Then scrapped it SIX MONTHS LATER in December 2017.
When the Duterte government finally stopped giving vaccinations, spokesman Harry Roque said: “He (Duterte) would have done the same thing (Aquino did) because he himself has suffered from dengue and you can’t deprive the people of what they thought would be protection against a deadly disease when it existed.”
Are dengvaxia deaths, if criminal neglect is proven, an impeachable crime?
Most probably.
The bar for impeachable crimes has fallen quite drastically, if you watch the House committee deliberation on the impeachment of Chief Justice Maria Lourdes Sereno.
x x x."
See -
http://news.abs-cbn.com/blogs/opinions/02/10/18/opinion-should-aquino-duterte-be-held-liable-for-dengvaxia-deaths
Roque and the ICC
"x x x.
2016 PRIVILEGE SPEECH
Lagman slams Roque for ‘180-degree turn’ in drug war stance
By: Vince F. Nonato- Reporter / @VinceNonatoINQ
Philippine Daily Inquirer / 01:03 AM February 12, 2018
Opposition lawmaker Rep. Edcel Lagman accused on Sunday presidential spokesperson Harry Roque of doing an about-face from his Aug. 10, 2016 privilege speech in which he cautioned President Rodrigo Duterte about his statements on the war on drugs.
In a statement, Lagman recalled Roque’s privilege speech, when he was still Kabayan party-list representative, warning Duterte to “be careful” with his statements on the war on drugs to avoid prompting the International Criminal Court (ICC) to enforce its jurisdiction.
“Some individuals easily crumble under the weight of official title and jettison without qualms their principles for partisan subservience and convenience,” Lagman said. “Now, Roque sings a completely different refrain, a 180-degree turnaround.”
Use of violence
Lagman recalled Roque’s statement during the second month of the Duterte administration: “Apparently, the President is aware of these acts and that they are in fact ongoing. Even without proof of directive on his part, he has in many instances spoken about the use of violence against drug syndicates.”
He also quoted another one of Roque’s statements: “It is clear that civilian populations are in fact under attack. We see this and the International Court of Justice has recognized this fact through news reports all around us overwhelmingly establishing that hundreds of Filipinos have been killed either directly or by government forces, or with the support or tolerance.”
Roque’s speech cited numerous rulings by the ICC providing that the crime against humanity need not be stated clearly in the form of a policy for it to be considered state-sanctioned.
“While it would be imprudent for me to say with certainty that President Duterte has already committed a crime against humanity, it would still be a disservice to this entire nation if I didn’t warn the President to be careful,” Roque said at the time.
x x x."
Source:
Read more: http://newsinfo.inquirer.net/967889/lagman-slams-roque-for-180-degree-turn-in-drug-war-stance#ixzz56tscxZZC
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
Philippine Daily Inquirer / 01:03 AM February 12, 2018
Opposition lawmaker Rep. Edcel Lagman accused on Sunday presidential spokesperson Harry Roque of doing an about-face from his Aug. 10, 2016 privilege speech in which he cautioned President Rodrigo Duterte about his statements on the war on drugs.
In a statement, Lagman recalled Roque’s privilege speech, when he was still Kabayan party-list representative, warning Duterte to “be careful” with his statements on the war on drugs to avoid prompting the International Criminal Court (ICC) to enforce its jurisdiction.
“Some individuals easily crumble under the weight of official title and jettison without qualms their principles for partisan subservience and convenience,” Lagman said. “Now, Roque sings a completely different refrain, a 180-degree turnaround.”
Use of violence
Lagman recalled Roque’s statement during the second month of the Duterte administration: “Apparently, the President is aware of these acts and that they are in fact ongoing. Even without proof of directive on his part, he has in many instances spoken about the use of violence against drug syndicates.”
He also quoted another one of Roque’s statements: “It is clear that civilian populations are in fact under attack. We see this and the International Court of Justice has recognized this fact through news reports all around us overwhelmingly establishing that hundreds of Filipinos have been killed either directly or by government forces, or with the support or tolerance.”
Roque’s speech cited numerous rulings by the ICC providing that the crime against humanity need not be stated clearly in the form of a policy for it to be considered state-sanctioned.
“While it would be imprudent for me to say with certainty that President Duterte has already committed a crime against humanity, it would still be a disservice to this entire nation if I didn’t warn the President to be careful,” Roque said at the time.
x x x."
Source:
Read more: http://newsinfo.inquirer.net/967889/lagman-slams-roque-for-180-degree-turn-in-drug-war-stance#ixzz56tscxZZC
Follow us: @inquirerdotnet on Twitter | inquirerdotnet on Facebook
Duterte and the ICC
"x x x.
EXPLAINER: ICC’s track record and what it means for Duterte and the PH
The ICC's preliminary examinations into alleged war crimes in Afghanistan took more than a decade to complete. It also has not been able to serve a warrant of arrest against the President of Sudan.
Lian Buan
@lianbuan
Published 9:54 AM, February 12, 2018
Updated 12:45 PM, February 12, 2018
Rappler.com
MANILA, Philippines – The International Criminal Court (ICC) Office of the Prosecutor opened preliminary examinations into President Rodrigo Duterte’s war on drugs, but what does this really mean and what will it entail?
The preliminary examinations are the first step in the court’s legal process. At this stage, the prosecutor will have to determine whether there is enough basis for it to decide that the case falls under the jurisdiction of the ICC.
To fall under their jurisdiction, they have to establish that Philippine courts have not conducted any genuine investigation into, or any proceeding relating to, the thousands of deaths in the war on drugs – either because of lack of capability or outright refusal to do so.
Examination can take years
The prosecutor took 9 months to decide to open preliminary examinations into the communications filed against Duterte by lawyer Jude Sabio and opposition lawmakers Senator Antonio Trillanes IV and Representative Gary Alejano. This is not unusual.
In 2016, it took prosecutor Fatou Bensouda only 8 days from the filing of a communication to open preliminary examinations into the civil unrest in Central African country Gabon, which was triggered by a violent election there.
It is the preliminary examinations that may take long. Only after the examinations can the ICC move on to the actual investigation phase.
In the case of alleged war crimes in Afghanistan, the preliminary examinations took 15 years to complete. While the examinations were only made public in 2007, Afghanistan has been a member party since 2003, which was when the war began and reports of abuses started coming in.
But the prosecutor has just started to investigate, also covering allegations of abuse by the US military while they were there.
Towards the end of the investigation, ICC judges may issue warrants of arrest if they see it fit. After this, the case moves to pre-trial, trial, and then the appeals stage before a sentence is handed out. We are talking years and years.
This is why when Presidential Spokesperson Harry Roque announced the examinations, he was quick to downplay it and told the opposition it was no cause for celebration. He was right. (READ: What challenges will complaint vs Duterte face before ICC?)
READ Rappler's other explainers:
Yes, Int'l Criminal Court can prosecute Duterte for killing spree
Police, military officials liable for Duterte's illegal kill orders
Track record
If, for example, an ICC judge orders the arrest of Duterte, the ICC will have to rely on the cooperation of Philippine authorities.
The ICC doesn’t have its own police force, so it will have to be Philippine authorities who will have to arrest Duterte and turn him over to the ICC for detention in The Hague.
Omal al-Bashir has 7-year-old standing warrants of arrest, yet he remains free and continues to serve as President of Sudan.
While the ICC also counts on the support of other countries to arrest charged individuals, it hasn’t been working well for them so far.
Al-Bashir has been able to travel internationally without being arrested. Of course this case has multiple political layers – for example, the United States lifted sanctions against Sudan despite the charges.
Humanitarian news organization IRIN also reported that the European Union has given over $200 million to Sudan to support its migration programs, despite allegations that asylum seekers are victims of extortion or torture. (READ: Things to know about Duterte's pet peeve ICC)
Duterte
No one can tell at this point if Duterte will be able to get, or if he even plans to seek the support of other countries to be spared from the charges.
For now, the President stays true to character: bold and fearless.
"I welcome you. And if you find me guilty, go ahead. So be it," Duterte said, days after the announcement of preliminary examinations.
He even dared the ICC: “I don’t want imprisonment. I beg of you to find a country where they execute.”
“Publicly he may appear arrogant as always but we know, based on our sources in Malacañang that he’s already shaking in his boots,” Trillanes said in a recent roundtable forumorganized by the Institute for Policy Studies in Washington DC.
But while the President appears to be unfazed, his men have stuck to a single message: that the ICC does not have jurisdiction over him and the Philippines. Roque said the Philippine justice system can very well handle the investigation, meaning the ICC – as the court of last resort – is not needed.
Tony La Viña, an expert in International law, said the administration must start rectifying some of its actions to prove its willingness to investigate the drug war. He said the government can start by heeding the Supreme Court order to provide full documentation of Oplan TokHang.
Can PH leave the ICC?
By the end of 2017, Roque said they were already“reassessing” their commitment to the ICC. La Viña said, however, that a withdrawal will not affect the case.
Article 127 of the Rome Statute, the statute that created the ICC and to which the Philippines is a party to, says that criminal investigations and proceedings will still continue as long as they started before the withdrawal became effective. Withdrawal is effective only after a year.
La Viña warned against leaving the ICC.
“The ICC membership matter is not just about Duterte. This administration – as all administrations have been and will be – is just a blip in our history. But the country and our people need the ICC to protect us from each other,” he said.
Detained Senator Leila de Lima said withdrawing from the ICC would make the Philippines look like it’s becoming a rogue. “What decent country would deal with us seriously if we are perceived to be a rogue state?”
La Viña predicted that if the case goes to trial, it would go beyond Duterte’s term, assuming he does end his term in 2022. But remember, the communications were filed not only against Duterte but also against police chief Ronald "Bato" dela Rosa and 10 other senior government officials, including Justice Secretary Vitaliano Aguirre, who is head of government prosecutors, and even Solicitor General Jose Calida, who is defending the drug war before the Supreme Court.
“It is likely that Duterte would never be held to trial given his age. But people like General Bato dela Rosa and other officials implicated will not be able to escape this. At some point, they will never be able to travel outside the Philippines again. It would be too risky if international arrest warrants were issued against them,” La Viña said.
When former Congo vice president Jean-Pierre Bemba was convicted by the ICC for war crimes, 4 of his associates, including his lawyer, also received sentences.
“So, this is big, no matter how Malacañang might downplay this. Very big, indeed,” La Viña said.
Value of the ICC
Duterte has proven himself to be the kind of president that severs ties even with longtime allies like the United States. He was even bold enough to reject P380 million in aid from the EU because of their supposed interference in his war on drugs.
The ICC is not all perfect either. It has been widely criticized for being slow, toothless, and even biased against Africa.
If Duterte does withdraw the Philippines from the ICC, he wouldn’t be the first. In 2017, Burundi became the first member-country to pull out from the ICC, with South Africa threatening to do the same.
So given all of these, what is the value of the preliminary examinations? Pressure.
“Such an investigation would send the message that UN member countries strongly support justice in the Philippines and put further pressure on the Duterte government to stop the killings and to cooperate with efforts to hold those responsible to account,” said the international group Human Rights Watch. – Rappler.com
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See - https://www.rappler.com/newsbreak/iq/195810-international-criminal-court-hague-duterte-preliminary-examination-implications
Monday, February 5, 2018
At least 4 lower court judges committed misconduct to make Cavite a "haven" for fixed annulment cases, the Supreme Court (SC) said in a recent ruling.
See - https://www.rappler.com/nation/195177-cavite-judges-guilty-supreme-court-annulment-cases - – Rappler.com.
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MANILA, Philippines – At least 4 lower court judges committed misconduct to make Cavite a "haven" for fixed annulment cases, the Supreme Court (SC) said in a recent ruling.
Former Cavite trial court judges Fernando Felicen (Imus), Cesar Mangrobang (Imus), and Perla Cabrera Faller (Dasmariñas) were found guilty of gross ignorance of the law and gross misconduct, and were fined P80,000 each. Judge Norberto Quisumbing of Imus was found guilty of gross ignorance of the law and simple misconduct, and fined P21,000.
The verdicts usually carry with them a penalty of dismissal from service or suspension, but Felicen and Quisumbing had already retired, while Mangrobang had died.
Cabrera-Faller, on the other hand, was dismissed from service in February 2017 over misconduct in the dismissal of charges against fraternity men in the Marc Andrei Marcos hazing case of 2012.
The investigations into the judges started in 2010, and the decision was promulgated on January 16.
Fixed annulment haven
The SC en banc upheld most of the findings of Court of Appeals (CA) Associate Justice Victoria Isabel Paredes, who was tasked to investigate a complaint letter against the judges, and the result of a judicial audit that showed multiple irregularities.
Paredes recommended to clear Quisumbing saying that as Executive Judge, he cannot be held accountable for the mistakes of the other 3 judges. Associate Justices Teresita Leonardo de Castro and Francis Jardeleza voted to clear Quisumbing, but the majority prevailed.
In a 68-page decision, the SC said that a "conspiracy existed and thereby turned the courts in Cavite into havens for paid-for annulments."
The judges were found to have allowed petitioners outside Cavite's jurisdiction to file their annulment cases before them, considered a "friendly" court.
Under annulment rules, petitions shall be filed in a family court within the province or city where the petitioner or the respondent has been living for the last 6 months prior to filing.
Petitioners' addresses in Cavite were found to be fictitious, with judges failing to detect them. Rules also require that summons to parties be served personally, but the courts' personnel failed to do so, because the addresses are non-existent.
Once the scheme hurdles this jurisdiction rule, the SC found that further rigging was made, such as fixing raffles and non-filing of a collusion report and a notice of appearance by the Office of the Solicitor General.
"There is a clear conspiracy, at least between the counsels of these parties and the 4 courts, in order to reflect paper compliance with the rule on venue," the SC said.
Also found guilty and suspended were:
Allan Sly Marasigan, clerk of court of Imus Regional Trial Court (RTC) Branch 20
Seter Dela Cruz-Corde, clerk of court of Imus RTC Branch 22
Ophelia Suluen, officer-in-charge of Dasmariñas RTC Branch 90
Anselmo Pagunsan, sheriff of Imus RTC Branch 20
Hipolito Ferrer, process server of Imus RTC Branch 20
Wilmar De Villa, sheriff of Imus RTC Branch 21
Elmer Azcueta, process server of Imus RTC Branch 22
Rizalino Rinaldi Pontejos, process server of Dasmariñas RTC Branch 90
The SC cleared Imus RTC's Regalado Eusebio (clerk of court), Imelda Juntilla (court interpreter) and Teresita Reyes (court stenographer).
Racket
The Office of the Bar Confidant was also asked to look into the liabilities of lawyers who took petitioners' cases to the Cavite courts.
The SC found a pattern of the same lawyers representing different petitioners, and at times, different petitioners having the same addresses.
"Cases where parties have the same address as those in another case cannot be explained away…and the fact that these parties were represented by the same counsels shines an even more disturbing light upon the observed irregularity," the SC said.
The lawyers involved in the cases were Allan Rheynier Bugayong, Leonardo Santos, Ruel Nairo, Norman Gabriel, Aimee Jean Leaban, Clarissa Castro, Bernard Paredes, Herminio Valerio, Cesar DC Geronimo, Omar Francisco.
"It would appear that counsels maintain residences within the jurisdiction of friendly courts for their declaration of nullity and annulment of marriage cases," the SC said.
Extortion
Rappler investigated and published its own report on the Cavite judges in 2015. One of the stories exposed was that of a court stenographer named Rosalie Maranan, who was caught in an entrapment operation for accepting bribe money for an annulment case.
A certain Ella Bartrolome filed a complaint against Maranan for asking a P160,000 fixer fee in her annulment case. It was Maranan's boss, Judge Felicen, who interceded and asked jail officers to free Maranan.
Sources told Rappler at the time that annulment cases had become an "industry" in Cavite.
Judge Quisumbing was the one investigating these complaints at the time, but the SC found him liable too.
"Instead of exercising his prerogatives in order that those under his management be kept in line, he joined in the commission of some of the reprehensible practices described in these administrative cases," the SC said. – Rappler.com
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Saturday, February 3, 2018
Friday, February 2, 2018
Thursday, February 1, 2018
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