Members of the Coalition Against Trafficking in Women – Asia Pacific (CATW-AP) remain vigilant as a second and final hearing of the rape case of the 22-year-old Filipina is set on Nov. 29 at 2 PM. Women from the survivors’ groups Buklod in Olongapo City, Bagong Kamalayan and Bukal, supported by the Alliance of Progressive Labor (APL) and Partido ng Manggagawa (PM), gather today in front of the City Hall of Justice and called for the immediate resolution of the case for trial. The women wore vests as a symbol of protection from violence against women. The vests bore slogans “Gahasa sa Pinay, Gahasa sa Pinas!”

“We hope that our calls to stop violence and abrogate the VFA will resonate among our brothers and sisters throughout the country as this action also marks the 16-day campaign against violence against women,” says Jean Enriquez, Deputy Director of CATW-AP). The campaign is being conducted worldwide, beginning on November 25th, the day when the Mirabel sisters, three political activists in Dominican Republic were assassinated, and culminating on Dec. 10, International Human Rights Day.

“The rape case is but one of many criminal offenses by US servicemen in our country. We also hope to charge them soon with the anti-trafficking law, which penalizes the buying of trafficked persons,” says Alma Bulawan, President of Buklod ng Kababaihan, a group of survivors of trafficking and prostitution in Olongapo. The number of prostituted women in Olongapo grew when the Visiting Forces Agreement entered into force in 1999.

Minda Pascual, President of Bagong Kamalayan, added that “Whereas before, the American servicemen will go to the bars, now upon orders, pimps deliver the women to the ships docked on our shores.” The groups are documenting cases of violations by American soldiers.

The groups also deplored the ongoing war in Sulu, where American soldiers are reportedly seen involved in clashes. The military operations have displaced women and children. “The presence of American soldiers spell not only war, but also sexual exploitation of our women and children. Our documentation of cases has shown that the American soldiers frequent massage parlors in Zamboanga City,” stated Enriquez.

The labor groups APL and PM joined the women survivors in calling for immediate filing of charges in court and punishment of the accused. In upcoming mass actions on Nov. 30, both are condemning the Arroyo government for selling out the case to the Americans. The groups also carried placards containing slogans “Gonzales at Arroyo, Alis Diyan! VFA, Alis Diyan!

Around 200 women from various parts of Luzon, including Baguio, Angeles City and Metro Manila are marching today to the Olongapo Hall of Justice to support the 22-year old victim of rape, as the preliminary investigation of the rape complaint filed against 6 US servicemen opens today.

Led by the Coalition against Trafficking in Women – Asia Pacific (CATW-AP), Bukluran ng Kababaihan sa Olongapo (Buklod), EBGAN, WomenLead, Bagong Kamalayan, Samaritana, WomanHealth, Sinag Kababaihan, Batis Aware, WELGA, Women’s Crisis Center, PKKK, Women Rage and Kakammpi, the organizations called for the hasty resolution of the case for immediate trial.

In a statement, the group also condemned the refusal of the Department of Justice Secretary Raul Gonzales to transfer the preliminary investigation (PI) of the case to the Manila office. The presence of the group in the PI, they hope, will put pressure on the local prosecutor to find probable cause in the rape complaint and recommend filing of charges.

“We are astounded by Sec. Gonzales’ statements that he sees no need for addressing the issue of custody, and that transfer of custody to the Philippines will cost the government a lot,” says Jean Enriquez, Deputy Director of CATW-AP. “This is the height of indifference to gross violation of women’s human rights. Although we are pretty aware that the Arroyo government, as insinuated by the President’s call to Gonzales, is conscious of belittling the issue and doing its utmost so as not to strain its ties with the big white brother.”

Enriquez added, “Gonzales might be acting ignorant of the implication of leaving the custody of the accused with the US Embassy, and yet he might actually be, but we also know how much this has become a dangerous issue for President Arroyo herself.” The group asserted the request for custody should be done immediately, despite the default already made by the DOJ, since the rape case, if to proceed to trial, is not likely to be decided upon within one year, which is the time frame set by the Visiting Forces Agreement.

The group also denounced the VFA, as an essentially anti-Filipino treaty, laying the ground for American soldiers to access “our land, women and children, and for inherent inequities within.”

Ayon sa mga direktang may kinalaman sa kaso sa Olongapo City (Unang Hirit, 9/18/05), ang Department of Justice (DOJ) at Department of Foreign Affairs (DFA) ay nakipag-ugnayan sa kanila at sinabing may pakikipag-usap na sa Estados Unidos kaugnay ng custody ng 6 na Amerikanong akusado sa panggagahasa ng 22-taong gulang na Pilipina.

Tama lamang na singilin ang dalawang ahensya sa pagpapabaya nila na mapunta sa EU ang sinasabing custody. Dahilan upang hindi rin maaresto at ma-inquest ang mga maysala. Sa umpisa pa lamang ay amin nang tinatanong kung bakit hindi kinuwestiyon ang kagyat na pagkuha ng EU sa mga sundalo, samantalang ang Visiting Forces Agreement (VFA) ay nagsasaad na ang custody ay dapat mapunta sa bansang may hurisdiksyon sa kaso (ang Pilipinas ito), at ibibigay lamang ito kung may pakiusap ang EU. Kung sakali mang nakiusap ang EU, hindi ba’t dapat itong tinanggihan ng ating pamahalaan dahil ang panggagahasa ay isa sa mga tinatawag nating kahindikhindik na krimen? Dapat singilin ang dalawang ahensya at pamahalaang Arroyo kung bakit hindi nila tinanggihan at hindi nila ipinagtapat sa sambayanang Pilipino ang nasabing request kung mayroon man.

Bukod pa rito, hanggang sa maganap ang pagdinig sa Senado, walang komunikasyon ang DFA sa Embahada ng EU para kuning muli ang mga sundalo, samantalang ito ay pinahihintulutan ng VFA. Hindi namin maunawaan ang pagpapatumpik-tumpik ng ating pamahalaan na kunin ang custody, bagamat malinaw sa atin na sila mismo ang nag-akda sa kasunduan. Maaaring mangmang sila sa sariling kasunduan o nagpapaka-mangmang!

Ang pinuno ng DOJ ay patuloy ding nagmamaang-maangan at nagsabi pa na kailangang sumulat sa loob ng 10 araw sa EU para makuha ang hurisdiksyon. Hindi ito totoo, dahil ang VFA mismo ay nagsasaad na Pilipinas ang talagang may pangunahing karapatan sa pangangasiwa sa kaso. Ang kinailangan nilang ginawa ay sumulat para kunin ang custody. Samantalang malinaw din sa kasunduan na matapos ang isang taon ay wala nang responsibilidad ang EU sa pagpapalitaw sa mga akusado, paano na tayo matapos ang itinakdang panahon? Lalong pinalala ni Sec. Raul Gonzales ang kalagayan, hindi lamang sa pag-uutos na ipasa ang mga sundalo sa EU, kundi sa pagtanggi sa pakiusap ng mga abogado ng biktima na ilipat ang preliminary investigation sa Maynila.

Kasuka-suka ang ating pamahalaan, na mas naging umid sa pakikipaglaban sa munting espasyo ng Pilipinas sa VFA. Kasuka-suka ang ating pamahalaan na maagang isinuko ang ating soberanya bilang bansa sa pagpirma ng kasunduang ito, at ngayon ay patuloy na tinatalikuran ang ating mga kababayan.

Inuusig namin ang DFA, DOJ at ang Pangulong Arroyo na pilit isinaisantabi ang malaking suliraning ito ng paggahasa sa ating kabaro at kababayan. Kung inaakala nilang kami ay mananahimik, nagkakamali sila. Kami ay nagmamasid sa kanilang aksyon ayon sa kanilang pinirmahan. Tangan namin ang batas laban sa panggagahasa na aming ipinaglaban, at ang karapatan ng kababaihan at sambayanan!

Gonzales at Gobyernong Arroyo: Tagatangkilik ng Rapists! VFA, Ibasura; Gonzales at Arroyo, Alis dyan! Gonzales at Arroyo, Makauulaw kamo!

Signatories:

Akbayan, Alliance of Progressive Labor (APL), Bagong Kamalayan, BATIS-Aware
Buklod ng Kababaihan – Olongapo City, Coalition Against Trafficking in Women – Asia Pacific (CATW-AP), Kaisa Ka, Lawig Bubai
Saligan, Samaritana, Sanlakas, Sarilaya, Sinag-Kababaihan, Talikala, WELGA, WomanHealth, Women’s Crisis Center (WCC)
Women’s Legal Education, Advocacy and Defense (WomenLEAD) , Women Step In, Gloria Step Out!

It surprises us that the Department of Justice Secretary Raul Gonzales, in a television interview, stated that the Philippine government has to write within 20 days to US authorities to communicate determination of the case to be of particular importance to the Philippines. Let it be known that the Philippine government has the primary right to exercise jurisdiction over the case. So, why the need to negotiate jurisdiction? We are afraid that the US has asked our government to waive this right, because as per Art.V, 3 (d) of the Visiting Forces Agreement, the Philippine government will do such communication ‘after the Philippine authorities receive the US request.’ IF there is no US request, of course, the Philippine authorities shall exercise the primary right to jurisdiction, even as the media reports now that investigation and prosecution is ongoing. (Efficiency and intelligence — or the lack of it — in evidence-gathering and using Philippine laws is also an issue.)
If the jurisdiction is ours, why is the US keeping custody of its erring personnel? The issue of custody should follow jurisdiction. Art.V, 6 states that where the Philippines is to exercise jurisdiction, the custody will reside with the US if they so request. Contrary to Senator Miriam Defensor-Santiago’s opinion that the US personnel should rightfully stay with the US embassy, custody should automatically be ours, “from the commission of the offense until completion of all judicial proceedings.”

Filipino sisters and brothers are as indignant as we were when a Filipino brother was threatened of execution in Iraq. We are enraged as this terrible violation of human rights, this rape, is a direct consequence of Philippine foreign policy succumbing to the US and its ‘war on terror’. The Filipina is like anyone of us. We are the ones hit by this war.

The direct perpetrators should be taken custody of and tried immediately. But the government should similarly be made accountable for laying the ground for this abuse, by signing the agreement. Moreover, the Arroyo government should be called to task for allowing the US to take custody over the US personnel, without baring to the public any US request or negotiation.

Abrogate the VFA in no time at all.

The Coalition Against Trafficking in Women – Asia Pacific (CATW-AP) is aghast by the Philippine Daily Inquirer headline “Raped girl no sex worker.” As an organization that has been fighting against trafficking and for legislation to protect victims of sexual exploitation including rape and prostitution, it appalls us to read the media’s headline, reflecting a deep seated bias and prejudice against prostituted women, and examining once again the background of the victim.

The Anti-Rape Law condemns violence of any woman without discrimination, thus, sexual history of the victim is immaterial to the case. The headline seems to imply that women in prostitution (incorrectly referred to as ‘sex worker’, a term we would rather not use because it dignifies the violence that happens in prostitution), deserve to be violently raped, unlike a woman who is pure.

Before sectors further complicate the case, we, as one of the women’s organizations directly helping violated women, want to remind the media and the government that victims’ protection should be a foremost concern. With powerful defendants to face coming from a powerful institution of a powerful nation, the fight is more than daunting for the victim. The media and the government should in fact remove the stigma, threat and burden that have been placed on victims of sexual exploitation in the past. Thus, we, along with our member organizations across the country, express our full support to the 22-year-old Filipina sister.

We vow to watch the government’s moves closely, to ensure that evidences are gathered without putting greater burden on the victim – that other witnesses are secured, medical evidences protected and the most efficient prosecutors made to work on the case, without wasting time at all. If the opposing camp attempts to dissuade the victim through threats or out-of-court settlement, we will urge the state to pursue the case using other such material evidences. In fact, our government should immediately assert its primary right to exercise jurisdiction over the case and not waive it! The perpetrators should not be let off the hook!

The case is a painful reminder of the grave mistake the Philippine government has committed in signing the Visiting Forces Agreement (VFA) in 1999, allowing further and even more access by the American military establishment to our land, our environment, our women and children. We had warned against these, as our survivors of prostitution have been witness to the countless incidences of exploitation by the servicemen to our women and children – by creating the huge market to the trafficking and prostitution industry and allowing generations of Amerasian children to suffer from neglect, stigma and abuse, among other grievous human rights violations the servicemen and the entire military establishment has committed, without accountability.

That should be the last of it. Rape and sexual exploitation no more. War no more. VFA no more.