Tag Archives: European Commission

Delisting of Joma in terrorist list is final, says EU court

By Kremlin Montenegro,contributor,The Pamalakaya times

Manila, Philippines- The judgment of the European Court of First Instance (now called the General Court under the Lisbon Treaty) removing Prof. Jose Maria Sison last 30 September 2009 from the terrorist blacklist of the European Union and unfreezing his bank account is now final and executory, according to a press statement sent to The Pamalakaya Times.

Ruth de Leon, internatonal coordinator of the support group DEFEND Committee said through its Legal Office, the Council of the European Union has confirmed today to Jan Fermon, the lead lawyer of Prof. Sison, that it has not lodged an appeal of the aforesaid judgment to the European Court of Justice within the prescribed period of appeal of two months and ten days from the date of judgment. The expiry date for the appeal was yesterday, 10 December 2009.

“Prof. Sison has sealed his victory after more than seven years of legal struggle against the EU terrorist blacklist since he was placed there on 22 October 2002 and was subjected to deprivation of the essential needs of human life and the violation of his fundamental human rights,” said the Utrecht based de Leon.

De leon said Prof. Sison won his case against the Council of EU before the European Court in 2007 on procedural issues. The court ruled that the Council has violated his rights to be properly informed of the charge, to be defended by counsel and to seek judicial protection.

Last 30 September 2009, Prof. Sison won his case on substantive issues. The court ruled that he was never investigated, prosecuted nor convicted for any specific act of terrorism and that passing and incidental statements in Dutch court judgments actually favorable to him on his asylum case from 1992 to 1997 and on the unproven murder charge against in 2007 did not make him a terrorist.

“The 30 September judgment of the European court in favor of Prof. Sison is a brilliant landmark decision. It is a standard for preventing the arbitrariness of European governments in blacklisting individuals, organizations and other entities as terrorists and for upholding and respecting their human rights. It is a blow on trends of fascism in Europe which have been growing in the name of anti-terrorism”, the DEFEND Committee said.

The lawyers of the exiled Sison said with the 30 September judgment having become final and executory, the case of founding chair of the Communist Party of the Philippines, now chief political consultant of the National Democratic Front of the Philippins (NDFP) negotiating panel to the peace talks with the Government of the Republic of the Philippines against the Council of EU can move forward to the stage of determining what compensation shall be made to his lawyers and to him for the deprivations, violations of rights and moral and material damages that he has suffered for more than seven years.

Prof. Sison’s battery of lawyers includes Jan Fermon from Belgium, Eberhard Hans Schultz and Wolfgang Kaleck of Germany, Antoine Comte of France and Dundar Gurses of The Netherlands. Judge Romeo T. Capulong and Rachel F. Pastores of the Public Interest Law Center and Bernard Tomlow, Dutch lawyer of the NDF International Office, have also provided legal cooperation.

Meanwhile, in Manila, leftwing groups supportive of the resumption of peace talks between the NDFP and the GRP urged the Philippine government to immediately lift the Martial Law in Maguindanao and stop sinister plot to install martial rule across the country, asserting that the imposition of Martial Law will frustrate efforts to bring both belligerent forces back to the negotiating table.

Rural based groups Kilusang Magbubukid ng Pilipinas (KMP) and the fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) said the imposition of Martial Law will send the talks in total collapse if the Arroyo administration pushes the execution of Martial Law all over the country.

Both groups maintained that the Ampatuan massacre last Nov.23 was orchestrated by top national security officials of Malacanang to stop the 2010 elections, lay down the grounds of Martial Law and perpetuate Mrs. Arroyo to power.

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Donor countries on storm Ondoy victims told: No strings attach please

Donor countries on storm Ondoy victims told: No strings attach please

The left-leaning fisherfolk alliance Pambansang Lakas ng Kilusang Mamamalakaya ng Pilipinas (Pamalakaya) said donor countries who gave financial assistance to the Philippine government for the victims of tropical storm Ondoy should not ask something in return for their cash donations, saying the situation should not be used as an opportunity and occasion to advance any kind of agenda.

“If donor countries want to help and they are sincere, that is very much welcome to the Filipino people and we will regard their respective efforts as expression of international solidarity. But if they are up for something big, let’s say big favors from the corrupt government of President Gloria Macapagal-Arroyo, then forget it. No strings attach please,” said Pamalakaya information officer Gerry Albert Corpuz in a press statement.

“We have to be brutally frank here and we believe it is a politically correct attitude in dealing with these cash aids foreign donors. These powerful foreign economies will not give cash without getting something big for their investments. That is the history of our master-slave relationship with the world’s economic giants,” added Corpuz.

The Pamalakaya information officer said most of the donor countries have anti-Filipino agenda like the European Union, the United States, Japan, Australia and China.

Corpuz said the US, which donated $ 100,000 or roughly P 47 million to flood victims, is hell bent in keeping the RP-US Visiting Forces Agreement (VFA) and is strongly opposed to moves of the Philippine Senate to renegotiate or terminate the military pact. He said the US is also eyeing a bilateral free trade agreement with the Philippines similar to or even bigger in scope compared to the Japan-Philippines Economic Partnership Agreement or Jpepa, which was approved by the Senate last year.

Corpuz said the European Union, which promised 2 million euro humanitarian assistance or P 140 million in total relief aid wants to enter a bilateral economic pact with the Philippines through the RP-EU Free Trade Agreement and is said to be interested in owning vast tracts of prime agricultural lands in the country and is reportedly urging lawmakers to purse Charter Change to eliminate the constitutional ban on 100 percent foreign ownership of land.

Pamalakaya said aside from Jpepa, Japan, which donated $ 220,000 for typhoon victims, is asking Malacanang’s permission to use 600,000 hectares of agricultural lands in Northern Luzon for bio-fuel production, while Australia, which promised 1 million Australian dollars or P 40 million in total relief aid, wants to clinch a bilateral economic and military agreement with the Philippines.

The group said China, which P 6.6 million in total donations given to Ondoy victims, is still pursuing the RP-China agreement which entails 13 sub agreements in agriculture and 6 sub-agreements in fisheries, aside from the continuation of the stalled NBN-ZTE deal and the $ 546 million North Rail Project.

On Tuesday, the massive flooding triggered by tropical storm “Ondoy” (international codename: Ketsana) has inflicted over P4.6 billion in damage, the National Disaster Coordinating Council in its partial damage assessment said. Infrastructure losses reached more than P1.5 billion while damage to agriculture amounted to about P882.525 million, the NDCC said in its latest situation report.

“It is a partial damage assessment definitely, even loss to, or opportunity loss of revenues for establishments you know, I mean, that alone would amount to hundreds of millions at the least a day,” Defense Secretary Gilberto Teodoro, Jr. said in a briefing after the Cabinet Meeting at the NDCC headquarters.

A total of 1,872,036 persons or 319,881 families have been affected by the flooding, the NDCC said.Of this number, 74,695 families or 374,890 persons have taken refuge in 607 evacuation centers.

The death toll of 240 was 100 more than Monday’s assessment. Thirty seven people remained missing. “I think for casualties the increase will be not as great but the damage figures may increase,” Teodoro said.

“The difficulty is, let’s say in a province you can very well judge a totally or partially damaged house, the problem in Metro Manila is if you have to inventory the appliances and articles inside the house, that poses some difficulty so an accurate picture of damages cannot be had easily,” the defense chief said.#

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Anti-FTA group sees 10-million European food aid to Manila as grease money for rapid OK of RP-EU pact

Anti-FTA group sees 10-million European food aid to Manila as grease money for rapid OK of RP-EU pact

Manila, Philippines—An anti free trade agreement (FTA) group in Manila on Sunday said the 10 million Euros or roughly P 640 million worth of food aid granted by the European Commission to the Philippine government was a form of grease money to fast-track the approval of the RP-European Union Partnership and Cooperation Agreement (PCA), which the group asserted has been kept from public scrutiny since 2004.

The Office of the Delegation of the European Commission to the Philippines in a press statement said the P 640 million grant was part of the first package of projects to support agriculture and improve food security in the country.

It said the projects will be implemented by the Department of Agriculture and co-financed by the International Fund for Agricultural Development (IFAD) will help to assure supply of rice seed and increase rice production to prevent the repeat of last year’s rice crisis.

But Fernando Hicap, national chair of the fisherfolk group PAMALAKAYA asserted the 10 million Euro food aid as oil money to facilitate the rapid approval of RP-EU Partnership and Cooperation Agreement between Manila and the European member states.

“The granting of the P 640 million food grant is highly questionable since it was timed when the Manila government and the European Union are negotiating on a bilateral pact which was authored, written and pursued by the EU giants”, the Pamalakaya leader said.

According to Pamalakaya, President Gloria Macapagal-Arroyo and her top economic and diplomatic officials never facilitated in the drafting of the RP-EU Partnership and Cooperation Agreement and were reduced as mere audience as they European Union counterparts proceeded in writing the bilateral which is supposed to be a joint partnership agreement.

“The RP-EU is supposed to be a bilateral agreement to be drafted by the two parties involved. But the Arroyo presidency never participated in the drafting and was only made to wait for the final version of the pact that would be finalized by their EU counterparts. On the other hand, the P 640 million food grant looked like a prize for the Arroyo government for performing its role to the hilt as willing lapdog of the EU transnational giants,” the militant group said.

Earlier, Pamalakaya urged the Department of Foreign Affairs (DFA) Secretary Alberto Romulo to make available the content of the RP-European Union Partnership and Cooperation Agreement (PCA), which was initially drafted by EU a few years ago, and a copy of which was obtained by the Philippine government on Feb.1 2006.

The militant group also learned that Bayan Muna Rep. Satur Ocampo requested the office of Secretary Romulo to furnish him documents regarding the ongoing negotiations between the Macapagal-Arroyo government and the European Commission but what was given to activist lawmaker was the statement of the DFA on the RP-EU ongoing negotiations on the partnership and cooperation agreement.

“Why this agreement is being processed through the syndicate way? What is the big secret being concealed by the Philippine government and the European Commission from the Filipino people? If there is nothing wrong or sinister about the PCA, then both governments, by all means, should reveal the content and let the Filipino people judge according to their collective interest,” said Pamalakaya.

Likewise, Pamalakaya urged Senate President Juan Ponce-Enrile and 22 other senators to compel the DFA Secretary Romulo to furnish the Senate all the important and vital documents concerning the PCA that involves issues such as trade and investment cooperation, economic and development cooperation, political cooperation and institutional framework.

“While the executive department’s job is to negotiate, the Philippine Senate which is the sole ratifying body should not be kept in the dark. The senators are constitutionally bound, legally mandated, politically and morally obliged to look into the impact and consequences of the PCA is which is currently being syndicated among top officials of Malacañang and the European Commission,” the fisherfolk group stressed.

Pamalakaya further asserted that the Senate should not be caught flat footed like in the case of the Japan-Philippines Economic Partnership Agreement (Jpepa) where the Senate, the ratifying body were kept in the dark in the early stages of the negotiations and was compelled to seal the agreement despite Jpepa’s all-out violation of national interest and the 1987 Constitution.

“If Jpepa is nightmare, the RP-EU partnership and cooperation pact is an across-the-nation tragedy that will soon hit this nation of impoverished and starving people. The real agenda of EU in orchestrating this biggest sell-out of the century is to pass the burden of their economic and global crisis to the downtrodden people of the Third World like RP,” the militant group said.

DFA undersecretary Edsel Custodio on Feb.19 released a foreign affairs statement on Feb.9, 2009 on the draft RP-EU PCA which was submitted by the European Commission on Nov.21 2006.

Usec. Custodio said the Philippines had received from the EC the initial draft of the PCA on 1 February 2006. At that time, the PCA consisted of two separate Framework Agreements: the first refers to the main PCA, while the second refers to the political elements on WMD, Terrorism, and the ICC.
In May 2006, President Macapagal-Arroyo had met with then-EU Trade Commissioner Peter Mandelson, and expressed the Philippines’ keenness on pursuing negotiations after thorough evaluation by the agencies of the Philippine government. In accordance with this directive, the DFA established the Inter-Agency process on the PCA.

According to Custodio, since then, the initial draft underwent further revisions by the EC. The second revised PCA draft dated 21 November 2006 merged the two separate Agreements of 1 February 2006 into one omnibus PCA. It is this version that has undergone a lengthy but thorough Inter-Agency process, spanning a period of over two years and involving around 30 agencies and offices of the Philippine government.

Inter-Agency deliberation continued throughout much of 2007. Some issues—particularly the nature and rationale behind the PCA and its relation to the regional FTA—emerged that required further discussion. For this reason, the DFA and the EC held the first informal consultations on the draft PCA on 24 September 2007. There we discussed the draft PCA with the EC in order to arrive at some clarity on the nature and rationale of the PCA and how to proceed further with a view to engaging in more substantive discussions.
Inter-agency discussion intensified in frequency and deepened in analysis in 2008. The number of agencies involved in the PCA increased, while some sub-clusters consolidated due to the inter-relatedness and cross-cutting nature of certain provisions.

The Philippine response to the PCA—the Counter-Draft—was now taking shape.
On 6 October 2008, a second informal consultation was held with the EC. By this time, our agencies have thoroughly deliberated on the PCA, with some changing positions reflecting the changing times and the complexity of the issues.

A Philippine Counter-Draft was almost substantially complete. Both sides tackled the issue of how to proceed further towards actually commencing formal talks and some institutional matters regarding possible structure and modalities of the impending bilateral negotiations.
On 24 October 2008, at the fringes of the ASEM Leaders Summit in Beijing, our Leaders, President Macapagal-Arroyo and EU President Jose Manuel Barroso, had made the announcement that both sides have agreed to commence negotiations. With the political mandate clear, and with no foreseeable legal or substantive impediment to negotiations, the only question left unanswered is when.

According to Usec. Custodio, this question was taken up during the 6th RP-EU Senior Officials Meeting, the official bilateral dialogue of the Philippines and the EU. There both sides agreed to start the first round of negotiations on the PCA on 9-10 February 2008, in Manila.

The EC also announced formally that an updated PCA draft, with new sections on labor and employment, justice, governance, and climate change, was to be transmitted to the Philippines by the end of 2008.

“This new EC draft, dated 22 December 2008, is still being considered by the Inter-Agency. Notwithstanding this development, the Philippines stands ready to discuss in more substantive detail its counter-proposal in this first Round of Negotiations on the PCA,” the DFA official added..#


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