Bullied into Agreement

With a vote of 16-4, the Philippine Senate got enough votes to meet the 2/3 requirement to ratify the Japan-Philippines Economic Partnership Agreement (JPEPA).

What is JPEPA anyway? What's the big deal about this particular treaty?

While the more famous items in JPEPA are the nurses for toxic wastes, the treaty covers the gamut of industries, goods and services that can be opened up for trade between the two states. It also includes agreement on the lowering or elimination of tariffs on certain goods and services.

It sounds advantageous, or at the very least, harmless.

Believe me, it's not.

For the pros:
1. It is possible that the Philippines can gain as much as $419 million-worth of agricultural and fishery exports to Japan through tariff eliminations and other improved market-access concession.

2. As for healthcare workers, Japan reportedly first agreed to allow a limited number of nurses (100 in the first year) to stay beyond the current four-year time limit if they acquire a Japanese licence. In the final agreement, the quota was raised 400-500 per year.

For the cons:
1. This is a treaty which considerably favors Japan, not the Philippines. As stated in junkjpepanow.wordpress.com:

A comparative study on the commitments and concessions of the Philippines and Japan reveals that the JPEPA is primarily for Japan’s benefit. While Japan insisted on excluding, for purposes of protection, more than 200 (651 tariff lines) of its products (mostly agricultural and fisheries), the Philippines only chose to protect two of its products (6 tariff lines) by way of exclusion (rice and salt).

2. Article 29, Number 2 of JPEPA provides that tradeable goods include:

xxx
(i) articles collected in the Party which can no longer perform their original purpose in the Party nor are capable of being restored or repaired and which are fit only for disposal or for the recovery of parts or raw materials;
(j) scrap and waste derived from manufacturing or processing operations or from consumption in the Party and fit only for disposal or for the recovery of raw materials;
(k) parts or raw materials recovered in the Party from articles which can no longer perform their original purpose nor are capable of being restored or repaired;xxx

This simply means that toxic wastes and scrap materials, denominated as "goods," can be "traded" to us. It is funny to note the irony of the words used to sugarcoat garbage.

3. There are too many provisions that are inconsistent with our Constitution. Among the issues in question are the ownership of land; lifting of citizenship requirements for certain industries; right over marine resources; and preferential use of Filipino Labor.

4. There are smaller issues involved which are too many to mention. For a litany of the cons, click here and here.

In an era of multilateralism, a bilateral treaty like the JPEPA is a peculiarity. Japan, in an effort to protect her hide, has been aggressively (albeit quietly) pushing for EPAs with her neighbors one by one, proposing bilateral treaties away from prying eyes. And Japan, in her take it or leave it stance, has bullied the Philippines into acceding to the treaty. Unfortunately for us, our politicians easily caved in to the pressure and ratified the treaty without giving a fight. The result? A lopsided "agreement" which we may very well regret in the future.

Japan screwed us over back in World War II. They're doing it again today, with chump change in return for the screw job.


Photo: Joe Shlabotnik, Flickr Creative Commons

The Filipino Stereotype Abroad

This particular clip from a BBC comedy show called Harry and Paul. It caused an uproar because it portrayed a Filipino maid in a bad light. Representative Risa Hontiveros even asked the BBC to issue a public apology.

On the one hand, the racist claim against BBC is a serious charge. BBC itself reports that one of its own calls the broadcasting corporation as "one of the most racist institutions in England."

On the other hand, maybe we should have seen this coming. Filipinos are being stereotyped as maids and sex workers because we do send ourcitizens around the globe to be maids and sex workers. Yes, it is sad to realize that other people see us in such a way. But if people of other nations encounter Filipinos only in the maid's quarters and brothels, can they really be blamed if the stereotype is being reinforced?

In one column tackling the Desperate Housewives incident, Conrado de Quiros offers a way on how we can go about a situation like this:

Just as well, I don’t know that we can’t do with some serious self-examination and look at the quality not just of our education but our lives today. I myself found Danes’ description of Manila tremendously inspired. It’s brilliantly surreal: “The people have nothing—no arms, no legs, no eyes.” It’s almost like Dante talking about one of the circles of hell, to which, if we still have at least the eyes to see it, we now find ourselves in.

There are two ways to treat a messenger’s bad news. One is to shoot the messenger and hope the message goes away. Two is to change things so that there won’t be any bad news. Japan didn’t just do the second, it turned the bad news into good news. Shortly after the War, Americans also had a field day making fun of the label, “Made in Japan.” Today, well, Sony owns a great deal of Hollywood. We can either spend our time lodging diplomatic protests in defense of our diplomas or produce brilliant doctors. The choice is ours.

Wrong Turn

As I have said in my previous post, it is the president's prerogative to grant clemency. Asking her why she pardoned Teehankee is like asking her why she prefers her hairstyle, or why she hasn't stepped down. Maybe you'll get a wink (if you're tight) or a shove from a PSG personnel (if you're not). In other words, it's futile to ask why.

But there is something wrong with the exercise of her power. You can feel it in your bones. I myself was looking for the right words to express it. I didn't have to, as Makati Business Club hit the nail right on the head with its press statement on the matter.

Here is an excerpt of the Malaya report with MBC's statement:

"However, in resorting to this argument to parry widespread criticism (in the Teehankee case) the government betrayed a disturbing lack of respect for victims’ rights and the public’s right to information," it said, adding that the government’s "mishandling" would only further erode the people’s trust in public institutions.

"The lack of transparency in the granting of the pardon, given the sensational nature and public attention that surrounded this case, can only lead people to question the motives behind the Arroyo administration’s actions," it said.

Amen.


Photo: flattop341, Flickr, Creative Commons

Begging Your Pardon

The brutal shooting incident by Claudio Teehankee of Maureen Hultman, John Chapman and Jussi Leino (resulting to the death of Hultman and Chapman), was one of the most infamous crimes of the 90s, along with the Go-Maguan case and the Vizconde-Webb et al case. The three cases have one common denominator, which is that the convicts were well-off financially. Indeed, many of the convicted persons in the said cases come from de buena familias. Those were high times for Philippine prosecution, because we were given hope that lady justice might truly be blind, after all.

So the executive clemency comes somewhat of a surprise. What was GMA thinking? She is not satisfied with her low ratings that she wants to lower it even further?

But seriously, it is the president's prerogative to give clemency. She alone can exercise that power. That is that. End of story. We really cannot question the wisdom of the president in granting the pardon, however questionable the wisdom of the act is.

Weird Law: Tattoos

In LA County there is a law that all tattooing has to be done with FDA-enforced ink. Which is a problem because there is no FDA-enforced ink.

From Victoria Finlay's Colour


Photo: freakychick, Flickr, Creative Commons

Snookered

In case you haven't noticed, the World Ten Ball Championship (WTBC) is being held in Manila. In fact, today is going to be the last day. Games are being televised on Studio 23 in the wee hours in the morning.

Glaringly missing in action are our own major pool players. There is no Bata Reyes, no Django Bustamante in the field. No Alex Pagulayan and Ronnie Alcano. The biggest Filipino names in the event are Marlon Manalo and Jeffrey de Luna, who are already out of the competition. The relatively unknown Demosthenes "Plong Plong" Pulpul led the Philippine contingent, who reached the semi-finals. He lost to Taiwanese phenom Wu Chia Ching.

Without the big Filipino pool players, there are less sponsors, less excitement and less fans watching. There are so many vacant seats in the venue that you'd think you're watching third-rate players competing in the Brgy. Captain Alvarado Cup.

How has it come to this?

There are many issues involved, including the competency of the BSCP leaders, their leadership style, the Pagulayan incident, and the conflict of interest. Let me dwell in the biggest one, which is conflict of interest.

On one side is the Billiard Managers and Professional Players Association of the Philippines (BMPAP). BMPAP is an organization composed of pool managers (e.g. Aristeo Puyat and Perry Mariano) and the top players in their stables (e.g. Reyes, Bustamante, Alcano, Kiamco, Orcollo etc.). They are asking that BSCP Chairman Yen Makabenta should resign from BSCP because of conflict of interest. Makabenta heads Raya Sports, which organizes pool events in the country (e.g. World 9-Ball Championship and the current WTBC). BMPAP stresses that its members will not join any Raya-organized event unless Makabenta resigns from BSCP.

On the other side of the fence is the Philippine Olympic Committee-accredited BSCP and Makabenta. Makabenta argues that BSCP is still a private association, despite its NSA status (Take note that being an NSA has many perks, including the authority to sanction a sports event, and to make the prizes tax-free). He said:

The suggestion that to avoid 'conflict of interest' a BSCP official must be free of business or professional interest in our sport would negate the very purpose of our association. It would consign the BSCP to the leadership of individuals who can't do anything to help Philippine pool development. xxx

On the other hand, I contend that there is a real conflict of interest when player managers become also the organizers of pool tournaments. There is conflict because managers have an interest in their players' winning the tournaments and promoters are obligated to be impartial and fair to all the players in the tournaments, who pay good money to join and also seek to win. The basic principle of fairness is strained because managers naturally favor their players in various ways, from entry into the tournament to event formatting to arrangements.

I think both camps have a point. In Makabenta's defense, he is not Raya and he is not BSCP. It is an elementary rule in law that a stockholder/member has a legal personality distinct from the corporation. Unless BMPAP shows proof that Makabenta has actually used his influence in BSCP to favor Raya Sports to the prejudice of other organizers, he can't really be forced out of BSCP. In other words, it is not really a question of the legality of Makabenta's acts. It is more of propriety.

In BMPAP's defense, the managers and the players have made Philippine pool what it is today. We would not be known throughout the world as a pool mecca if not for Efren Reyes and the other Pinoy pool legends. And our pool greats would not be known if not for the managers like Putch Puyat who bankrolled Reyes and other players to the U.S. to blaze the trail for our young guns. Of course they have a stake in BSCP. If they have any beef as to the leadership style, competency or integrity of the people in BSCP, then they have every right to raise it. However, the manner of of their protest (boycott/blackmail) is suspect.

As you can see, what we have here is one big mess. Mas magulo pa sa b*lbol, ika nga. And I think we are on the point of no return. It is highly improbable that the protagonists will sit down and talk the problems through. We'll just have to wait to see who blinks first. I just hope the blinking happens sooner rather than later, before we ruin one of the few good things we have going for the country.


Photo: W1LL13, Flickr, Creative Commons

A Window of Opportunity

I remember when I was a little kid - fresh cow's milk was a weekly staple. They were placed in reused Magnolia bottles, with banana leaves serving as stoppers. The milk had a peculiar taste to it, setting it apart from milk of the canned or powdered variety. As I grew older, drinking processed milk became the norm, as drinking fresh milk became less and less frequent. But its peculiar taste I will never forget. A single drop of fresh cow's milk touching my lips brings me back in time, when the world was younger, without fail.

With the China milk scare/crisis/fiasco/scandal in our midst, it's a great opportunity for own milk industry to make a wave, or even a little splash. It is a given that our local cattle raisers will not be able to compete with the Australian dairy industry. But for heaven's sake - the gates, doors and windows are gaping wide open for our dairy industry players to step in and make a dent. It takes little imagination to market the homegrown, au naturale milk.

Just don't give me that mother's-milk-as-substitute crap (see breast milk ice cream), an idea that is just wrong on so many levels.


Photo: ThunderChild tm, Flickr, Creative Commons