Showing posts with label NBN-ZTE. Show all posts
Showing posts with label NBN-ZTE. Show all posts

Saturday, March 29, 2008

Philippine Leader Accused Of “Treason” Over Spratlys Deal With China

More political fuel was added this month to the crisis surrounding Philippine President Gloria Macapagal Arroyo. There were accusations that her administration had betrayed the country by signing a 2005 agreement with China and Vietnam to conduct a joint seismic survey of the disputed Spratly Islands chain.

The new allegations come on top of accusations of massive kickbacks involving the awarding of a now-cancelled $US329 million contract to a Chinese corporation, Zhongxing Telecommunication Equipment Co. (ZTE), to build a nationwide broadband network (NBN) in the Philippines.

While the agreement with China and Vietnam is not new, opposition politicians utilised an article in January/February 2008 edition of the Far Eastern Economic Review (FEER) to resurrect the issue. The payoffs contained in the 2006 ZTE contract, they claimed, were made in return for signing the Spratlys agreement in 2005.

The Spratlys, which sit aside key strategic sea lanes in the South China Sea and are believed to have significant reserves of oil and gas, have been the subject of bitter and long-running disputes between China, Vietnam, Taiwan, the Philippines and Malaysia.

The FEER article entitled “Manila’s Bungle in the South China Sea” was scathing in its criticism, declaring: “As details of the undertaking emerge, the JMSU [Joint Marine Seismic Undertaking] is beginning to look like anything but the way to go. For a start, the Philippine government has broken ranks with the Association of Southeast Asian Nations [ASEAN], which was dealing with China as a bloc on the South China Sea issue.

The Philippines also has made breathtaking concessions in agreeing to the area for study, including parts of its own continental shelf not even claimed by China and Vietnam. Through its actions, Manila has given a certain legitimacy to China’s legally spurious ‘historic claim’ to most of the South China Sea.”

Arroyo’s opponents—both left and right—immediately seized on the FEER article. In the lower house, Teodoro CasiƱo and Satur Ocampo from the Stalinist Bayan Muna joined with 12 other congressmen to declare that the JMSU agreement was “effectively giving away the national patrimony as it actually concedes the exploration and exploitation of natural resources to foreigners which, under the United Nations Convention on the Law of the Sea (UNCLOS), clearly fall within the archipelagic waters, exclusive economic zone and continental shelf of the Philippines.”

In the Senate, Panfilo Lacson and Anna Madrigal, both right-wing allies of former President Joseph Estrada, and Antonio Trillanes, the leader of a failed 2006 military uprising, filed separate resolutions against Arroyo. Trillanes’s resolution defined the agreement as “treacherous” and an apparent attempt “to circumvent the constitution and to undermine the powers vested by the constitution upon the senate”. If proven, this “amounts to a betrayal of public trust and treason, for which Gloria Macapagal Arroyo and other responsible members of her Government should be held accountable,” his resolution stated.

It may appear odd that a three-year-old agreement has suddenly surfaced in the midst of a bitter faction row in the Philippine political establishment. In fact, the new JMSU “scandal” helps to clarify what lies beneath the allegations of corruption, nepotism and now treason against Arroyo that fill the pages of the Filipino press. Arroyo’s opponents speak for those layers of the ruling elite most closely aligned with the old colonial power—the United States—who are hostile to her administration’s developing economic and political relations with China.

In the tussle for the NBN contract, the Chinese corporation ZTE won out over an American rival ARESCOM. In the case of the Spratlys, even bigger interests are at stake. Ever since September 2001, the Bush administration has been intent on using its fraudulent “war on terrorism” to strengthen the US strategic position in South East Asia and counter its rising rival China.

Arroyo immediately sided with Washington and, with US military support, waged her own “war on terror” in southern Mindanao. At the same time, however, her administration has been increasingly dependent on aid and investment from China to boost the shaky Filipino economy.

US opposition to the JMSU deal was evident in 2005. The right-wing American think tank, the Heritage Foundation, was particularly incensed. It accused Arroyo of caving in to “bullies” and vehemently disagreed with her claims that the “agreement with China does not constitute a surrender of sovereignty over a potentially sensitive area near the Philippines’ coast”.

A similar note was sounded by Mark Valencia, currently a senior associate of the Nautilus Institute, who warned that the agreement “would seem to legitimise China’s occupation of Mischief Reef on the Philippines’ legal continental shelf, and also tacitly implies that both parties recognise the legitimacy of each other’s claims to the area to be ‘researched’, as well as to the nearby features”.

Washington’s opposition

Not accidentally, Valencia is the “independent expert” cited in the FEER article. He has been a senior fellow at the East-West Centre funded by the US Congress, and a contributor to the right-wing Asian Wall Street Journal and Washington Times. He has consistently articulated US strategic interests in opposing the legitimacy of China’s maritime territorial claims in the South China Sea.

In a Japan Times article in 2000, Valencia branded China’s claims as a “serious, long-term threat to safe and secure passage” in the South China Sea. He argued that in basing its claims of sovereignty over the disputed sea as “historic waters”, China was, in effect, directly challenging US interests in the area: freedom of navigation, not just for international shipping, but more importantly for US military forces. “Freedom of navigation and overflight principles do not apply in historic waters,” he wrote.

US efforts to undermine China’s claims in the South China Sea stem from broader strategic considerations. The Bush administration has exploited its bogus “war on terrorism” to secure closer military ties with a number of countries in Asia, including India, Japan and in Central Asia.
However, many countries in the region, including the Philippines, have become increasingly dependent on China economically as a major market and source of investment and aid.

Philippine exports to China, 80 percent of which are electronic parts, have ballooned from $3.14 billion in 2000 to $30.62 billion in 2007.

By last year, the Philippines had become the fourth biggest trader with China among ASEAN members. China and Hong Kong together displaced the US as the Philippines’ largest biggest trading partner, representing 23 percent of the country’s foreign trade. On the other hand, Philippine exports to the US fell from more than 35 percent of total exports in 1997 to just 18.3 percent by 2006.

China is competing with Australian and US multinationals in the Philippine mining industry and has reportedly invested $1 billion in the Surigao del Norte province. It has also invested $476 million in the rehabilitation of the North Luzon Railway System. By contrast with the US, which had generated resentment by refusing to sign a free trade agreement and remove subsidies for US agricultural goods, China has signed major agreements committing the Philippines to set aside 1.5 million hectares for the production of agricultural goods exclusively for the Chinese market.

In 2006, according to a New York Times report, China offered “an extraordinary package of $2 billion in loans each year for the next three years from its Export-Import Bank”. The aid offer easily trumped the “$200 million offered separately by the World Bank and the Asian Development Bank for that year alone” and “outstripped a $1 billion loan under negotiation with Japan”.

The Philippines hosted the second East Asian Summit in January 2007, linking ASEAN countries with China, Japan and South Korea. Australia, New Zealand and India were allowed to attend, but the US was notably absent. Concerns have been expressed in Washington that the East Asian Summit will become a means for Beijing to use its growing economic muscle to extend its regional influence. Arroyo, on the other hand, declared at the summit: “We are happy to have China as our big brother in the region.”

The rapid rise of China is profoundly destabilising economic and political relations in the Philippines. As popular opposition has grown over deepening social inequality, rising inflation and high unemployment, Arroyo and her backers have underlined her administration’s economic success story. Her claims, however, largely rest on the financial influx from China, which has contributed heavily to the relatively buoyant Philippine peso, allowing the government to pay off debts, cut the budget deficit and even pump prime the economy.

Chinese aid, investment and trade are cutting across economic ties to the US. The resurrection of the JMSU issue, and its linkage to the ZTE scandal, shows that sections of the ruling elite in Manila are concerned that longstanding strategic ties between the US and its former colony are being compromised. Growing global financial instability and economic uncertainty are compounding the tensions. The increasingly bitter factional disputes in Philippine ruling circles are not being fought out openly, but by means of a sordid scandal, now accompanied by lurid accusations of treason, with the aim of disciplining, if not removing Arroyo.

The key role in obscuring the issues and politically subordinating working people to the anti-Arroyo faction of the ruling elite is being played by the various Stalinist parties, who line up with right-wing figures in denouncing Arroyo and calling for her removal. All this plays a critical function for the ruling class in blocking the emergence of an independent political movement of the working class fighting for its own interests. (Dante Pastrana)

Sunday, March 09, 2008

Jun Lozada, Off-Limits Sa ARMM Campus

MAGUINDANAO (Mindanao Examiner / Mar. 09, 2008) – Umani ng kaliwa’t-kanang batikos mula sa mga estudyante at militanteng grupo ang Department of Education sa Autonomous Region in Muslim Mindanao (ARMM) matapos diumano’y ipag-utos nito ang pagbabawal kay NBN-ZTE scandal whistle blower Jun Lozada na magsalita sa mga campus.

Limang lalawigan ang sakop ng ARMM at kasalukuyang nasa campus tour si Lozada sa Mindanao, ngunit pinangunahan na ng DepEd-ARMM ito. Bawal na umano na magsalita sa mga estudyante si Lozada, particular sa isyu ng NBN-ZTE deal na tadtad ng eskandalo bunsod ng mga alegasyong overpriced ito ng $130 milyon.

Galing umano ang kautusan sa pamunuan ng DepEd-ARMM. Naunang ipinag-bawal ni Education Secy. Jesli Lapuz si Lozada na mag-ikot sa mga campus sa Maynila ngunit matapos na umani ito ng maraming batikos ay pinasinungalingang may nasabing kautusan.

Takot umano ang Malakanyang sa malaking simpatiya na nakukuha ni Lozada mula sa mga paaralan at sa maainit na pagtanggap sa kanya ng mga estudyante sa Metro-Manila.

Maging sa ibang bahagi ng Mindanao ay malaki rin ang suporta ni Lozada mula sa mga estudyante. Hindi naman mabatid kung itutuloy pa ni Lozada ang planong pagiikot sa mga campus sa ARMM, na kilalang balwarte ng mag-amang Maguindanao Gov. Andal Ampatuan at ARMM Gov. Zaldy Ampatuan na parehong mga loyalista ni Pangulong Gloria Arroyo.

Ang ARMM rin ang isa sa mga lugar na diumano’y talamak ang pandaraya, pananakot at vote-buying nuong nakaraang Presidential elections. Malakas ang suporta ni Arroyo sa mga opisyal ng lalawigan ng ARMM dahil sa marami nitong proyekto doon. Kilalang Arroyo county ang ARMM at ang mag-amang Ampatuan ang ilan lamang sa mga gubernador na nagbuhos ng suporta kay Arroyo nuong kasagsagan ng mga rally sa Maynila. (Mindanao Examiner)

Friday, March 07, 2008

Photo: Jose de Venecia lll And President Gloria Arroyo -- Two Diffrent Worlds!






Jose De Venecia III, the first to blow the whistle on the bribes and overpricing in the National Broadband Network-ZTE deal speaks to students Friday, March 07, 2008 in Davao City in southern Philippines. De Venecia is currently on a campus tour in Mindanao where he speaks about government corruption before tens of thousands of students and supporters. Another witness in the flawed NBN deal, a former government executive, Jun Lozada, is also touring different schools in Luzon. But Philippine education officials have banned Lozada and De Venecia from schools to prevent them from speaking about government corruption and scandals involving President Gloria Arroyo and her family. Students have joined calls for Arroyo to resign over corruption allegations. Below, Arroyo waves to supporters during the International WomensDay Celebration on Friday in Malacanang's Rizal Hall in Manila.(Photos by Keith Bacongco / AKP Images and Rey Baniquet / Office of the President for the Mindanao Examiner)

Wednesday, March 05, 2008

Prayer, Anti-Corruption Rally All Set In Zamboanga

ZAMBOANGA CITY - As public outrage against high-level corruption in government continues to snowball, different religious groups will hold a protest and prayer rally on Friday in Zamboanga City.

The interfaith rally, dubbed as "Heal Our Land", aims to gather hundreds of people in a symbolic solidarity act to bring back the moral values among political and government leaders and ultimately put a stop to corruption in the system of government, the Inter-religious Solidarity Movement for Peace (IRMSP), one of the organizers, said in a statement relased by the Peace Advocate Zamboanga)

At least five religions -- evangelicals, Muslim, Subanon, Buddhist, Catholic -- will offer respective prayers during the rally. The two-hour event will be highlighted with the singing of Jamie Rivera's "Heal our Land" and Freddie Aguilar's "Ang Bayan Ko."

Torches will also be lighted to symbolize the Filipino's "quest for truth" in the wake of the flawed and overpriced $329-million National Broadband Network (NBN) deal with China's ZTE Corp. which President Gloria Arroyo scrapped five months later after the scandal brokeout.(Darwin Wally Wee/PAZ)

Tuesday, March 04, 2008

Arroyo Did It Again!


Gabriela Women's Party Congresswoman Luz Ilagan (seated, middle) poses with supporters during the launching of the Babae Laban sa Katiwalian (Babala) on Tuesday, March 04, 2008 in Davao City in southern Philippines. They are also calling for the resignation of President Gloria Arroyo over corruption scandal in her administration. (Photo by Keith Bacongco / AKP Images)



MANILA, Philippines (Mindanao Examiner / Mar. 04, 2008) – Filipino leader Gloria Arroyo on Tuesday again promised to step down after her term ends in 2010.


Arroyo, hounded by allegations of poll fraud and accusations of corruptions and scandals involving her family, also said several years back that she will not seek election in 2004, but ran against more popular movie actor Fernando Poe Jr. who died of aneurysm while campaigning.


“Until that day, I will continue to push for reforms so I can hand over a strong nation to the next leader,” she said.


She made the announcement before signing into law the Civil Aviation Authority Act (CAAA) of the Philippines of 2008 in at Malacanang. “I will be true to the Constitution and to myself who has been mandated to leave the post when my term ends in 2010,” she said.


Arroyo assured her audience that included Vice President Noli de Castro, legislators and the diplomatic community, that “in the Philippines, there is and there shall continue to be due process, rule of law, and utmost respect for the Constitution. This is my pledge to you as your President and commander-in-chief.”


She added that she agrees with her critics that the law and the country should be above politics and personal popularity.


She pointed out that she would “adhere to the law because this was what every elected official has promised to do even if my critics refuse to understand and give political color to it.”


“That is why we uphold the principle of due process in investigating and adjudicating criminal allegations against any citizen, whatever the political cost. No one’s rights must be sacrificed just to spare government from the ire of protesters and the fire of politicians,” the President said.


After the CAAA signing ceremonies, a Cabinet meeting was held at the Aguinaldo State Dining Room to discuss the International Law of the Sea and the Philippine claim over resource areas within the country’s territory, including the Spratley group of islands.


“Through this claim, we shall advance the rights and interests of our nation in harnessing these rich resources,” Arroyo said.


Opposition politicians and civil society and religious groups are demanding that Arroyo resign because of corruption scandals involving the flawed and overpriced national broadband network deal with China’s ZTE Corp. Arroyo cancelled the project five months later after the Senate launched a series of investigation over the allegations. (Mindanao Examiner)

Saturday, March 01, 2008

Lawyers' Union Assails Gov't Tactics

The National Union of Peoples’ Lawyers condemns the Executive Department’s persistent efforts to subvert the Constitution and the laws it has sworn to uphold.

The refusal of the PNP to attend the Senate investigation, the belated Ombudsman investigation and the threats of harassment suits against witness Jun Lozada are nothing more than attempts to undermine the Senate investigation into the ZTE-NBN corruption scandal. These orchestrated acts by top government officials loyal to Pres. Gloria Arroyo, however, only adds more credence to the evidence which show that those responsible for acts of corruption in the ZTE transaction is not only limited to former Comelec Chairman Benjamin Abalos but actually involve Pres. Gloria Arroyo and her husband Atty. Mike Arroyo.

PNP Officers criminally and administratively liable

The refusal of PNP officers to attend Senate hearings ostensibly because “the PNP cannot discuss the matter publicly in order not to interfere with due process” citing the complaint for obstruction of justice filed with the Ombudsman is not only an open defiance of congressional authority but also violates the PNP officers’ oath under Sec. 40 of the Administrative Code of 1987, requiring all public officials to “obey the laws, legal orders and decrees promulgated by the duly constituted authorities”. The NUPL finds it incomprehensible how “publicly discussing the matter” before the Senate can violate due process rights considering that the Senate is an official investigation and not a symposium. Furthermore, the PNP can always ask for executive session if they feel that their statements may violate due process rights. Based on this theory, Gen. Razon and his subordinates, are henceforth, precluded from giving media interviews on the Lozada kidnapping.

The filing of a petition asking the Supreme Court to legalize the non attendance of Gen. Avelino Razon and his subordinates has no legal or constitutional basis. Gen. Razon and his subordinates cannot claim the right to self incrimination as the basis for their non attendance because the Supreme Court expressly prohibited this insidious scheme to preempt congressional investigations in Sabio vs Gordon [GR 184340, October 2006], to wit:

Anent the right against self-incrimination, it must be emphasized that this right may be invoked x x x only when the incriminating question is being asked, since they have no way of knowing in advance the nature or effect of the questions to be asked of them.” That this right may possibly be violated or abused is no ground for denying respondent Senate Committees their power of inquiry.

Furthermore, Sec. 19 of the Senate rules expressly prohibit ‘preemptive’ claim to self-incrimination:

Sec. 19. Privilege Against Self-Incrimination

A witness can invoke his right against self-incrimination only when a question tends to elicit an answer that will incriminate him is propounded to him. x x x No person can refuse to testify or be placed under oath or affirmation or answer questions before an incriminatory question is asked. His invocation of such right does not by itself excuse him from his duty to give testimony.

In such a case, the Committee, by a majority vote of the members present there being a quorum, shall determine whether the right has been properly invoked. If the Committee decides otherwise, it shall resume its investigation and the question or questions previously refused to be answered shall be repeated to the witness. If the latter continues to refuse to answer the question, the Committee may punish him for contempt for contumacious conduct.

This blatant disregard of the Senate’s authority to conduct investigation is another attempt to preempt the investigation and subvert the search for the truth behind the ZTE scandal. This makes all the respondents subject to criminal and administrative charges that may be filed after Pres. Gloria Arroyo ceases to be President on or before 2010. Absent a TRO from the Supreme Court, Gen. Razon has no recourse but to attend the Senate hearing on February 26.

DOJ Fact Finding

The NUPL also condemns Pres. Arroyo’s continuing misuse of the Department of Justice through her Justice Secretary. The threats publicly aired by Sec. Raul Gonzalez of DOJ plans to investigate ZTE witness Jun Lozada’s finances and file criminal cases against his brothers and sisters for perjury not only smacks of harassment but also a not so veiled attempt to silence Mr. Lozada.

The arrogance implied by Sec. Gonzalez’ threats against a lowly public official in Mr. Lozada is matched by his cowardice to investigate the involvement of FG Mike Arroyo and Chairman Abalos in the ZTE deal and other anomalies. After Sec. Neri charged, under oath in an official congressional investigation, Chairman Abalos of bribery, the voluble Justice Secretary did not found the charges worth investigating. The DOJ cannot make investigations which would pre judge the exercise of its official function of conducting preliminary investigation if criminal complaints are filed against any party involved in the ZTE corruption scandal. Furthermore, the Justice Secretary has constantly expressed his loyalty and fealty to Pres. Arroyo and his biased views against Mr. Lozada and those that seek to reveal the truth behind the corruption charges against Pres. Arroyo disqualifying his department from conducting investigation.

Ombdusman Investigation a diversionary circus

The Ombudsman investigation is another such attempt to confuse the people and divert the attention from the Senate investigation. The Ombudsman is required under Sec. 15 (1) of RA 6670 to:

1) Investigate and prosecute on its own or on complaint by any person, any act or omission of any public officer or employee, office or agency, when such act or omission appears to be illegal, unjust, improper or inefficient. It has primary jurisdiction over cases cognizable by the Sandiganbayan x x x

The ZTE contract was cancelled or suspended by Pres. Gloria Arroyo because of the irregularities—a clear admission that corruption may have taken place. Under the law, the Ombudsman should have acted as early as last year, on its own, because the scrapped contract ‘appear’ illegal or at the very least, improper.

The Ombudsman has constantly refused to investigate such a blatant display of corruption and overpricing despite the admission by Pres. Arroyo of the irregularities involved. The Ombudsman has in fact, disregarded the statement of a Cabinet member, Sec. Romulo Neri, that he was bribed by Chairman Abalos, a clear sign of the biased exercise by Ombudsman Merceditas Guttierez of her functions as a supposed independent Ombudsman. Guttierez can be found guilty in an impeachment proceeding if only for this inefficiency. The attempt of the Ombudsman, which has not seriously acted on the Fertilizer Scam case and Jocjoc Bolante for years, to intervene only now when the ZTE issue is generating interest and after the tenth complaint was filed, shows its utter lack of respect to its own mandate and task under the law and the Constitution.

NUPL demands of Pres. Arroyo to desist from using her office and those of her subordinates in preempting serious investigations on the ZTE deal precisely because she and her family are the ones being charged with corruption in the said issue. This is not only required by the Anti graft and corrupt Practices Act but by the principle of delicadeza, the unwritten law governing ethical actions of public officials. Pres. Arroyo is not only accountable for her acts but is also accountable for all the violation of the Constitution and the laws committed by her subordinates to illegally protect her from congressional investigations.

Reference Person: Atty. Neri Javier Colmenares-Secretary General
http://nupl.wordpress.com