This blog is for people engaged in the struggle for peace and justice in our world today. I hope this provides deeper insight while provoking critical reflection on the practice of peace-making and justice-crafting, wherever you are and whatever context you are in. You will find topics here ranging from personal and spiritual reflections, shared learning, critical analysis, and social commentary on issues related to peace, justice, poverty, abundance, and reconciliation.
This blog is for people engaged in the struggle for peace and justice in our world today. I hope this provides deeper insight while provoking critical reflection on the practice of peace-making and justice-crafting, wherever you are and whatever context you are in. You will find topics here ranging from personal and spiritual reflections, shared learning, critical analysis, and social commentary on issues related to peace, justice, poverty, abundance, and reconciliation.
Thursday, August 17, 2017
Pagdaro sa Kalinaw - Mindanao Confessions: A Peace Process Drop-out
Tuesday, April 4, 2017
Seven (7) Rejoinders to Rigoberto Tiglao's column decrying Rappler's "fake-news" calculation of the number of deaths related to the government anti-drug campaign.
Tuesday, March 14, 2017
Terminally Accused: Si Allah na ang bahala sa akin (God will now take care of me)
Today, on International women’s day 2017, I remember Jalila Maulani, whom I met 5 years ago, when I first began volunteering in the Davao City jail, Ma-a road. Long before the current Tokhang anti-drug effort, Jalila Maulani and her sister, Jalima, were arrested in 2008 in connection with an undercover drug-bust operation for selling Shabu (Methampetamine) and charged under section 5 of Republic Act (RA) 9165 “The Comprehensive Dangerous Drug Act of 2002”, a heinous crime which has a penalty of mandatory life imprisonment. A year and half after being detained in the Davao City Jail women’s facility in Ma-a, she began experiencing pain in her chest. The symptoms worsened until she was compelled to seek treatment in December 2010, when she was diagnosed with stage III-B breast cancer. Though she was given a doctor’s recommendation for immediate chemotherapy and mastectomy, she was forced to decline the treatment because she knew she could not afford it.
During this time, Jalila’s public defense attorney, along with the warden at the Davao City Female Jail, made her first request to the judge that Jalila be released (in legal jargon, “on recognizance”) and placed under house arrest where she would spend her last living days. They asked that she be allowed to go home while her trial slowly wound its way through the presentation of evidence, witness testimony, defense rebuttal and endless shuffling of papers that usually takes years to process. This request was denied by then presiding judge Salvador Ibaretta.
If allowed home, she would have been placed under the supervision of the Barangay Captain in Barangay 76-A, who stated that he is amenable to this motion. Barangay 76-A, known as Bucana, is built along the edge of Davao gulf and is one of the largest urban poor communities in Davao City. In Bucana, alongside a few permanent cement structures, informal houses made of scrap wood and salvaged metal are built on stilts and creep into the ocean to remain above the ever flowing and receding tide. Its many Muslim mosques, Catholic chapels and small Evangelical worship centers testify to the necessity of faith in a community where many live a hand-to-mouth existence, resorting to any means in order to survive. It is Purok 1, Bucana that Jalila called home, and where she would rather be with her mother during the final stages of the deadly illness. She told me, “nagampo ko makakita niya” – “I am praying I will be able to see her.”
In jail, Jalila was known as a quiet, cooperative inmate but had few visitors. Her sister was arrested with her, along with three brothers who were confined in the men’s facility. According to them, they were accused of running a family “business” (drug dealing), and the justice system was just trying to figure out which of them (if any) were the real culprits. Her remaining brother on the outside tried to stay involved with their case and help out, but he was a fisherman who plied the depths of Davao Gulf all night, and her mother was too weak and frail to make the trip across town to visit her. At age 39, Jalila was still single and had no children to make the effort to come offer a word of hope into her somber existence.
Like a majority of inmates in the Davao City jail who rarely, if ever, get visitors, Jalila Maulani had been incarcerated far too long and yet not been found guilty. As the weeks stretched into months and then years, the jail itself became a second home and self-contained neighborhood. Fellow inmates, Bureau of Jail Management and Penology (BJMP) personnel and a few outreach programs and ministries became the community of support for people seemingly discarded by society, waiting in limbo for the wheels of justice to slowly turn.
At the time, Branch 9 in the Davao City Regional Trial Court was the “drug court” where Jalila was prosecuted, and had cases as old as 2003 still in process. 700 backlogged cases were being heard 2 days a week by acting judge Rowena Adlawan as the court awaited the appointment of a new judge to replace judge her. Judge Adlawan did her best to process cases in Davao on Thursday and Friday, and at her regular post an hour away in Tagum City, on Monday through Wednesday. Jalila’s attorney made repeated motions for “release upon recognizance” to each of judges that handled the case - they were all denied. There is no legal wiggle-room for the poor prosecuted under Section 5 of RA 9165 - life imprisonment is mandatory and no plea bargains allowed under statute.
By early 2012, Jalila’s cancer had progressed to stage IV - terminal breast cancer, and she had an open, bleeding wound that required constant care to be changed at least twice a day at a cost of P610 per month. The small jail infirmary and concerned ministry providers help cover the costs: cleaning solution (watered down to make it last) - P100; bandages - P90; medical tape - P100; Betadine at 120ml/month - P160; Cotton - P160. Occasionally, when the bleeding got heavy, she would take Hemostan (P37 per pill) to stop the flow, along with iron supplements for the resulting iron deficiency and blood loss. She complained of headaches and swelling in her hands, and as she told me her story, her older sister Jalima, now her nurse, peered out from between the window bars in the infirmary, nodding in confirmation.
So, Jalila, with Jalima faithfully at her side, spent her days in the small women’s infirmary, where she rested and occasionally took a walk, as the inmates grew concerned because her dizziness and weakness. Meanwhile, the BJMP personnel noticed her paleness and shortness of breath, the tell tale signs that her body could no longer keep up with her depleted blood supply, the result of the ravaging attack of cancer. The doctor said she only has months to live, but it will probably not be the cancer itself that kills her. Rather, she will slowly bleed to death, her life seeping into the cheap gauze and cotton paid for with money donated by concerned strangers and a seemingly indifferent system.
In the report where Jalila signed away her right to medical treatment the previous year, she wrote, “Si Allah na ang bahala sa akin,” meaning, “It is God’s will, God will take care of me.” As we ended one visit, I asked her if I could pass on anything to people on the outside. She paused, and whispered in a voice I could barely hear, “Kaloy-i ako…Gusto ko mabuhi,” – “Have mercy on me…I want to live.”
The end is near, and so myself and another outreach worker decided to get her mother from her home in Bucana and bring her to the jail for a last visit with Jalila. The following morning we walked to her house along the crowed footpaths into Bucana. When we arrived, we were told that Jalila was already on her way there. But the reunion is not what we had hoped for, for the BJMP did not release her upon recognizance, but upon her death.
It is only during the brief Muslim viewing that Jalila’s mom sees her daughter for the last time, and then she was buried before the end of the day, as mandated by Islamic law. In an unmarked grave at the paupers cemetery tucked invisibly behind the cement mausoleums of the wealthy buried in Davao memorial gardens, her ghost haunts me with the words, like a whispering wind among the weeds along Ma-a road, “Si Allah na ang bahala sa akin.”
Jeremy Simons is a restorative justice advocate based in Davao City and volunteers with the Archdiocesan Commission on Prison Welfare. He wrote this for the family of Jalila Maulani, who died in 2012, and all the invisible women whose lives slip away while under the jurisdiction of the Philippine criminal justice system. He can be reached at justpeaceadvocate@gmail.com.
Friday, September 30, 2016
Pagdaro sa Kalinaw: Re-thinking the War on Drugs on the International Day of Peace
So states the constitution of the United Nations Education, Scientific and Culture Organization, (UNESCO) which provides the rationale for the UN's program on Culture of Peace, which seeks to maximize the "soft power" of culture, education, and science to prevent and reduce violence and war. In particular, through research, education, and respect for "marginalized" knowledge, UNESCO is encouraging communities around the world to understand the underlying thought processes and justifications of war. This process, combined with inter-cultural and inter-religious dialogue, will lead to a broader, more thoughtful, and hopefully, a more productive dialogue as an antidote to violence.
This past September 20, I gave a short workshop on Culture of Peace, jointly sponsored by the Office of the Presidential Advisor on the Peace Process and Ateneo de Davao University, as part of the build-up to the celebration of the International Day of Peace on September 21. Promotion of a Culture of Peace, along with Conflict Sensitive Development in conflict-affected areas, are 2 of the major thrusts of the current administration's peace efforts to end the Bangsamoro insurgency. September 21, as many of us know, also commemorates the day in 1972 when martial law was declared by former president Ferdinand Marcos, leading to one of the darkest periods of injustice in Filipino history. Thus, to connect the dual significance of the International day of Peace and the commemoration of Martial Law, I modified my presentation to suggest that a culture of genuine peace must also be a culture of authentic justice. In other words, achieving peace involves the pursuit of justice by making concrete efforts to build a "Culture of JustPeace."
After the workshop, one of the young participants, a community member from a local church, asked if this could approach could also be used as an alternative in the War on Drugs. In fact, this has also been one of my conclusions, considering that the total number of people killed in the past 2 months of the War on Drugs has surpassed the total number of people killed in all insurgent and terror attacks, plus counter-insurgency and counter-terror police and military operations, over the past few years. Thus, while the government attempts to wind down several wars across the country, it has also launched a new national civil war on its own people.
Viewing the government lead peace processes side-by-side with the War on Drugs gives us an opportunity to reflect on an apparent schizophrenia, or split personality, of public policy. In this view, we are left to consider political initiatives that simultaneously encourage peace on one hand, while promoting violence, on the other. Perhaps, the solution to this bi-polarity in our collective thought process is to find a new way of thinking about the War on Drugs that will bridge our collective aspirations for peace and justice and promote a culture of JustPeace in the Philippines.
Therefore, strengthened by the rejoinder that, "it is in the minds of men (and women) that the defenses of peace must be constructed", I will propose three alternative mental frameworks for addressing criminality and drugs, in the hope that these will allow us to begin collaborating, dreaming, and discovering together new ways and possibilities:
"It's not a battle, it's a journey," so stated the advertisement for a private addiction support program that came across my desk recently. We could approach this not as a war, but as the journey to freedom. Dealing with the issue of drug abuse means we all have to get on board the ship that we will sail to islands of peace and prosperity. The community will do the leg work to mobilize resources and supplies to sustain the journey, and has the primary responsibility to pull the oars until we reach the open seas. We need specialists to help us navigate through the crowded harbor of boats that might get in they way, block us, or tie us down. Like a vinta, we must set our sails to the wind, and harness our cultural energy to propel ourselves forward. When we face storms, rocks, and wild currents, all hands are on deck to keep a look out for those things that will take us off course or wreck us. The journey to freedom is long and arduous, but if we all work together, we can reach our destination.
The non-violent liberation struggle. If some of our communities are struggling for a better life and suffering under the tyranny of oppression, let us use all the tools of active non-violence, community organizing, and radical peace activism. The Philippines has a long history of struggle for justice and freedom, and it is this collective history that provides resources needed to address the current situation. This will involved hard-headed and sophisticated analysis of the power players at hand, and the ways in which the levers of unjust power can be transformed and converted to leverage JustPeace. We must maintain our interconnections and solidarity together, maximizing the strengths and power of the poor and the marginalized, and recognizing the need to sacrifice and share our privilege and wealth in service of the greater common good. Let us turn the triangle of injustice as we seek true liberation from all forms of violence and oppression.
The construction zone. We must rebuild our community center from the ground up, starting at the foundation. First we need to make a design, to figure out what kind of drug-free community we want to build. Looking at other attempts, models and successful project will help us figure out what will work well in this particular soil and environment. Digging out the rocks, dirt and waste of prior construction requires, hard work, honesty and truth. The foundations must be carefully placed and expertly filled in with integrity and good governance, for without this, the building will collapse. Many different skills, workers, and professionals, are needed as not everyone has the capacity for the different elements of intervention - courts, police, therapist, corrections officers and more. Most importantly is the involvement of community from planning to inauguration, the building is a community center, so the accountability, resources and design should be gathered from those who will be using it.
Thus, if we can shift our thinking, as UNESCO states, we can open up new possibilities. The wisdom of scripture reinforces this, "Therefore, I urge you, brothers and sisters, in view of God’s mercy, to offer your bodies as a living sacrifice, holy and pleasing to God—this is your true and proper worship. Do not conform to the pattern of this world, but be transformed by the renewing of your mind. Then you will be able to test and approve what God’s will is—his good, pleasing and perfect will. (Romans 12:1-2)
It is our own selves and our own lives that we must offer in sacrificial service, not the lives of poor drug addicts, the police commando, and the innocent bystanders, in the pursuit of JustPeace. Our collective and concrete acts of sacrificial service in building, journeying, and struggling for a new society must be matched by a complete transformation, a renewal of the mind, and re-thinking, of the current war on drugs.
Jeremy Simons has lived in the Philippines for over 21 years, the past 7, in Davao City. He works as a peacebuilding trainer and consultant with various academic institutions, NGOs, government programs, as well as partnering with Lumad communities for conflict transformation. Prior to coming to Davao, he lived for 6 years in an urban poor community that was severely affected by drugs, working as a community organizer in neighborhood justice programs, engaging in community policing and transformative justice initiatives. He can be reached at justpeaceadvocate@gmail.com.
Saturday, August 13, 2016
Bayanihan Justice (Part 3): Killing Mary Jane Veloso
Thursday, July 28, 2016
Bayanihan Justice (Part 2): Bangon! Killing kids (and adults) in Davao didn't stop crime
In president Duterte's state of the nation address (SONA) on Monday, he painted a picture of the resilient Filipino, facing the darkness of the drug menace, a darkness so deep, because it is the dark just before the dawn of a new day. He vowed to continue his current approach to eradicate (based on PDEA figures) 3 million drug users and pushers, since the number of users and pushers that had surrendered (as of the SONA) amounted to only 120,000, with the those individuals arrested in the thousands.
But before we continue, we should ask ourselves, do we have any evidence to show that the current approach will work, from past experience? President Duterte made repeated referrals during his SONA to "come to Davao" and see how the city is a model of the success of his efforts in governance, and there is the widespread misperception that Davao is a safe, clean and drug free city. Let us therefore go to Davao and examine the evidence.
According to her January 2016 blog, former Davao City Judge and founder of the Transformative Justice Institute, Attorney Adoracion Avisado notes,
"Despite the allegation by some people that Davao City is drugs free, statistics show otherwise. The number of drugs cases pending before the two drugs courts are close to four thousand as of the end of 2015. The number of cases filed each week are definitely more than the number of cases which the two branches of the trial court can dispose."
She further states that an average of 70 cases were scheduled each day in Davao, despite the fact that only 5 can realistically be handled, and that across the nation, it is common to have 30 cases scheduled in the daily docket. The Davao City jail in Ma-a has over 2,500 inmates, thought it was built too handle at most 800. Inmates literally sleep in shifts because there are not enough beds for everyone to lie down on.
This data is from the end of 2015, after more than a decade of Duterte's iron-fisted crack down on crime that left over 1,000 pushers, users and petty criminals dead, according to the Coalition Against Summary Executions. Thus, kung gamitin natin ang ating utak, we can deduce that the iron fist approach to crime does not work, because if it did, than crime surely would have been virtually wiped out, there would be no new drug cases filed in court, and the jail would be nearly empty. However, rather than reducing crime, after a decade of summary killings, there were still 4,000 cases pending in the court and over 2,500 inmates, most of them with drug charges, in the Davao city jail.
Having lived in Davao since 2008, I can also attest to the fact that crime is still a problem by personal experience. In 2012, I remember smelling the marijuana drift into our living room window from the house next door and hearing the male resident abuse his female partner through the window screen at night. We called the police to report both the domestic violence and the drug use. When the police arrived, they interviewed the woman in front of the abuser in the open street, breaking basic protocols regarding how to treat situations of violence against women. The drug den was never busted. My neighbors were victims of akyat bahay multiple times, as well as my parents in a different subdivision, yet nothing happened. I am not saying Davao was worse than any other city, but neither is it much better, and we need to be honest about it.
It's time for us in Davao to be realistic, because we are touted as the model the nation will follow. The "successes" of the city need to be put in their proper context, so that what is good can be emulated, and what is bad can be eliminated. We have to stop comparing the Davao of 2016 to the "NicarAgdao" of the 1980s. The killing of petty thieves from the year 2000-present did not solve the problem of sparrow units and Alsa Masa gun battles in the 1980s and 90s. Rather, it was shrewd political wrangling and quid-pro-quo alliances with the shadow players behind the gun slingers that reigned them in.
The killing of men and women in the sex trade (see my previous article, "Death stalks the streets") did not make us start following the speed limit, rather, consistent use of "speed guns" made people slow down. The killing of low-level criminals has nothing to do with the effective implementation of the women, children and gender code in the city and the 911 program. The killing of kids sniffing glue does not prevent bombings and terror attacks, because rugby boys are not the ones planning to bomb airports, ports and van terminals. We cannot use the justification that death squad killings are necessary for effective governance, which is the underlying message of the current administration.
Orasa na, bangon ta, ug gamiti ang atong huna-huna! Pwede man ta maghimayhimay kung unsa ang cause, ug unsa ang epek. Kay dili logical ang atong pag-justify sa DDS ug sa war on drugs sa national level.
What the extra judicial killings justify is not effective governance, but a narrative woven by that crafty, master story-teller and communicator, placing Digong himself as the center of a salvation story, where he rescues us and our city like Batman in Gotham city, and we repay him with elected office and the entrenchment of his family in political power. The war on drugs is not so much about drugs, as it is about power.
Thus, my argument is simple: first, most of the positive aspects of Davao governance were successful in spite of the DDS, not because of the DDS. Second, since the data indicates that former mayor Duterte could not eliminate crime in his own city, a relatively small city where he could exercise greater control of the mechanisms of government, we cannot expect him to succeed as president of a nation with over 100 million people in 6 months. And third, is the illogic of the "logic model" of the drug war, which is premised on the fact that killing criminals motivates those left alive to stop their criminal activities out of fear. But such is not the case, and our kababayan are paying a dear price for our failure to link causes and effects.
We therefore need to think more carefully about what actually works to reduce crime. There are lots of reasons crime increases and decreases, but hard data and lived experience shows, the summary execution of petty criminals does not help end criminality nor does it improve governance. We will have to be honest and look elsewhere for the answers...