Maria Ressa on the Pen incident

Position Paper for the Senate's Committee on Justice and Human Rights
By: Maria A. Ressa
Head, ABS-CBN News & Current Affairs Division

On November 29, 2007, more than 30 journalists were arrested, handcuffed and transported to Camp Bagong Diwa in Bicutan. 12 of the journalists were from ABS-CBN, detained as "witnesses and suspects," according to the police. Others were told they would be released as soon as their identities were verified. Our Head of Newsgathering, Charie Villa, went immediately to the Peninsula Hotel to identify our people; yet, she was told they would still have to be arrested and brought to Bicutan. We believe this move sets a dangerous precedence and erodes our nation's democracy.

There are two points I'd like to make about the role of media in conflict situations like the Peninsula siege. First, our democracy rests on the principle that the people have a right to know. Section 7, Article III of the 1987 Philippine Constitution recognizes "the right of the people to information on matters of public concern."

Law enforcement and government officials must be accountable to the public, and our history has shown there is no better means to do that during crisis situations than live television coverage. In a 2004 national survey by ABS-CBN, over 90% of adult Filipinos say that during any major event, they look for news, with 87% turning to TV to make sure they're informed. After the 2007 elections, that increased, hitting 92% in the National Capital Region, according to Pulse Asia.

The clamor for information increases during times of uncertainty, highlighted during nearly a dozen coup attempts and withdrawals of support in the last two decades: in 1986 and 2001, military moves turned into successful people power revolts; while failed attempts were televised during Edsa Tres, the Oakwood Mutiny and the Peninsula siege. Since these three failed, it obviously doesn't follow that television coverage automatically means success. During all these, 1986 excluded, ABS-CBN reported in a similar and consistent fashion, spurred on by the public's right to know. In performing our duty, we accepted the risks, including overturned and burned vehicles and the mauling of reporters (not by the police but by a sector of the public we serve).

While the State has the right to protect itself, the public has the right to know - and as we have seen, the Filipino has always made a choice. Focus group discussions (FGDs) conducted by ABS-CBN between December 3-5 reflect that. They expressed an overwhelming sentiment that they want to be kept informed, saying live television coverage should continue. We believe this is critical because an uninformed public makes any democracy unstable; it is in this light that media should be considered partners in promoting democracy rather than the other way around.

It is important that the public has the information it needs to make an informed decision because that is the foundation of our democracy. Yet, by arresting our journalists, authorities effectively shut down ANC's live coverage of the post-siege situation at the Peninsula Hotel. They tried to confiscate videotapes and equipment from reporters, photographers and cameramen. The police violated their own definition of the "crime scene" by approaching our transmission facilities outside the Peninsula to try to confiscate our videotapes and stop our coverage. This is effectively censorship - at a time when the conflict had all but been resolved. To date, they still have at least one videotape and two radios owned by ABS-CBN.

The second point which has clear ramifications for the future is the role journalists play in conflict situations like Edsa, Oakwood and the Peninsula. On December 5, DILG Sec. Ronaldo Puno called the Peninsula a "crime scene" and said that journalists violated two laws at the Peninsula siege. He cited Article 151 of the Revised Penal Code which has to do with "resistance and disobedience of persons in authority" and PD 1821 for "obstruction of justice."

These statements have far-reaching consequences because now every journalist reporting on a conflict situation has to worry that he/she may be arrested and charged. Beyond that, if the journalist can be charged so can news organizations. This is no longer a threat but a reality and creates a "chilling effect" for working journalists, who can now be charged like common criminals.

Yet, we believe that the law covering the presence of journalists in conflict situations is very clear and supercedes any legislation cited by the DILG Secretary. Section 4, Article III of the 1987 Philippine Constitution states that "no law shall be passed abridging the freedom of speech, of expression, or of the press."

"Was there an arrest? Yes," said Sec. Puno, "Were they charged? No. Why was there an apology? Because all of us feel bad about the way the incident materialized. We are unhappy that our friends in media had to suffer inconvenience."

In one move, the government trivialized and dismissed a violation of the Constitution as an "inconvenience."

While we understand the position of the Philippine National Police, by its own admission, it is using "SOPs" created in 2006. PNP Memorandum Circular No. 2006-09-01 tells the police what to do with perpetrators, hostages and witnesses. It has no provisions for journalists, who are part of the landscape in conflict situations. This may be the first time these rules were used. It is also the first time that the PNP has been the lead agency in a political conflict situation - which is how many journalists would characterize the event, not just a "crime scene" complete with overtones of bank robberies and murder. Every other coup attempt or passive withdrawals of support in the past twenty one years were handled by the Department of National Defense. Perhaps this is part of the reason why the rules were changed in the Peninsula siege.

We journalists are by no means perfect. Some of us can be arrogant at times and that is how we have been portrayed by the police in this instance. But the reason we need to hold the line is simply because if we give in, we would have contributed to weakening our democracy by depriving the public of the information it wants and needs.

Having reported from numerous combat zones in Southeast Asia and around the world, I am very aware of the risks we face as journalists. In Indonesia, I barely survived a cross-fire between government troops and protestors. In Aceh, my team and I were detained but that's to be expected given the authoritarian regime then. In East Timor, Pakistan, India, China - despite the dangers and restrictions, you calculate the risks and always make sure the odds are high that you will survive to tell the story. What I have learned from experience is that every situation is different, and what you do depends on the system of government you're operating under, i.e. you would not make the same decision under a democracy that you would under a dictatorship.

Every journalists' and news organizations' assessment of risk varies. That is why I find it slightly ludicrous for the PNP to quote the Ethics Manuals of the CBC, BBC and ABS-CBN to bolster its point that all journalists should have left when requested - that there is a one-size-fits-all response. All these codes do in these instances is give guidance - the philosophy of the organization - but in the end, the judgement call and the decision to stay or to go - as well as the risks that entails - falls with the journalist. We balance the fear for personal safety with the duty to report the truth.

The police claim we were being used because they said some Magdalo soldiers changed clothes and put on press passes. Everyone tries to use us, including the police and military intelligence agents who were pretending to be journalists. During the crisis, we did not report that because we did not want to compromise their work, but their presence increased the danger for us. Those agents could have easily told their superiors who were the real journalists and who were only masquerading.

We categorically state that at no instance did any journalist "obstruct justice" at the Peninsula. Mere presence and reporting the news is not obstruction of justice. Recordings made by the police of our live coverage are now being used by authorities as evidence against those it charged in court. The police even acknowledged that there was a failure of communication within their organization. They mobilized only after they were "informed" of the event through TV and radio coverage. It is clear the police benefited from us doing our job. We cannot be both obstructing and helping justice simultaneously.
Our fear is that the arrests of journalists may herald a new, more dangerous time ahead. In recent years, many developments have eroded press freedom in our country. In 2003, there were more journalists killed in the Philippines than in Iraq, and today - despite pressure from the international community - the extrajudicial killings of journalists and leftist leaders continue with virtual impunity. Intimidation tactics, indirect pressure and libel suits have been used to attempt to control journalists. In 2006, Proclamation 1017 severely curtailed press freedom after authorities threatened to shut down news organizations and stationed tanks outside tv networks.

Last year, Freedom House, an international group which conducts an annual survey of political rights and civil liberties, downgraded its rating of the Philippines from FREE to PARTLY FREE.

Given this context, the arrests of journalists is extremely alarming, especially since it has now been elevated as policy by Sec. Puno, who warns journalists that the police would do it again. To add insult to injury, after authorities apologized for the arrests, they began to publicly question the motives of our journalists. Officials maligned us by implying we were working with Trillanes' group despite the absolute lack of evidence for these statements. Now they say they will look at the franchises of television networks. All this only points out that the attempts to intimidate and harass journalists continue.

While it is inconvenient for law enforcement officials to have to contend with media in conflict zones, it is a necessity guaranteed by the Constitution and a check and balance of a vibrant democracy.

On November 29, the journalists who chose to stay and report on the Peninsula siege displayed tremendous courage and risked their safety for the public they serve. A colleague from the Foreign Correrespondents' Association of the Philippines captured the spirit of our thoughts: "if someone else can deliver the Truth better, we would give way. If we chose to leave at the request of the PNP, then we would have to swallow the PNP version of the Truth because we chose to give up the access we already had."

That would be a disservice to the public we all serve.




--

pain

How painful can pain be? It may rip me apart momentarily but it will never break me. I may cry buckets but my soul will remain solid and unbowed. I will always win. You will never get to me.

Sicko

It was past midnight. It was cold and dark that night I rushed my daughter to the emergency room of St. Luke's hospital. But nothing can compare to the chill I felt when I saw just how much we would be billed for a simple treatment for my jaundiced daughter. P50,000 for a few nights stay. It was unbelievable. That was many months ago.

I thought of this unpleasant experience when I saw Michael Moore's documentary "Sicko." The film looks at health care in the United States as provided by profit-oriented health maintenance organizations (HMOs) compared to free, universal care in Canada, the U.K., and France.

Moore interviewed patients and doctors in the U.K. about cost, quality, and salaries. He talked to U.S. expatriates in Paris about French services and he takes three 9/11 clean-up volunteers, who developed respiratory problems, to Cuba for care.

It's about many horror stories of Americans with health insurance. It's an engaging documentary, well-made and truly deserving of the thumbs-up it continues to receive from critics around the globe.

In the Philippines, there's almost no such thing as free quality healthcare.

FREE THE MEDIA

Philippine Center for Photojournalism (PCP)

30 November 2007


Free the media, release the mediamen


Yesterday, Senator Trillanes and General Lim walked out of a court hearing in Makati, marched toward Manila Peninsula Hotel, and ventilated their grievances against the Arroyo regime.


Mediamen covered these events as professionals with the main objective of reporting on facts from which the truth can be deduced and discerned.


Tired, cold, and hungry, they went on with their jobs until dusk when the group of Senator Trillanes were flushed out by teargas, bullets and APCs.


Before the evening news went on board, mediamen who covered the event have been tied together like a bundle of culprits apprehended by policemen committing heinous crimes.


Never before have mediamen been treated with utter humiliation in the performance of their constitutionally guaranteed duty to uphold and protect the freedom of speech � not even under the most brutal autocratic military rule of Marcos.

This stark reality is staring us in the eye. This must not be condoned. This must be vigorously protested.

In the name of those who fought fighting for freedom -- from the time of the Propaganda Movement against the Spanish colonizers until now � we are appealing to the public to help us defend the gains of the people for which so many lives have already been sacrificed a century hence.

We call on the Arroyo government to free the media and release the mediamen NOW!

(Published last November 18 for the Working Moms segment of the Philippine Star)

It's amazing how a mother's womb stretches to make room for another human being. Everyday for nine months, I witnessed how my womb grew bigger and bigger until it was time for my child to be born.

From a tiny speck, she grew to become the baby girl that she would be. And every single day, during that nine-month journey, I thought about nothing but her. I ate, drank and moved with her in my mind. I slept early, took lots of rest and skipped many night gatherings to protect the life growing inside me.

Much like the womb, my life expanded to make room for another human being. I believe that is what parenting is. Your life changes totally and it takes a 360-degree turn to make room for your offspring.

Before she came along, I lived a carefree and singularly single lifestyle. I was contented with my life, making a living out of what I am most passionate about – chasing and writing stories and traveling to the different corners of the world because of what I was doing. Really, I couldn’t ask for more.

And then I became a mom. Only then did I realize that nothing will ever be as good and as fulfilling as being a mother. Journalism, although it will always be that one true job I will always want to do, comes only second to being a mom.

At 10:58 p.m. on March 31, I gave birth to the most beautiful baby girl I’ve seen my whole life. Her thick dark hair and striking big round eyes were the first things I noticed when the nurse put her on my chest. It was the first time I saw her and for several minutes, I just held her close to me, enjoying one of the most amazing moments in my life.

My daughter is now six months old. I am still chasing stories and churning out words everyday but I make sure there’s more than enough time for her and for her needs.

It’s not difficult because her father and I have become the parents that we should be. Our baby’s needs come first.

It can be physically exhausting. There are times when my already sleep-deprived soul needs to wake up very early in the morning to prepare food for the baby, bathe her and play with her. It can also be tiring to be taking care of her after work especially when you’ve had a busy day.

Being a newspaper reporter isn’t usually stressful but it can be at times, especially when you have to divide the time between covering a press conference, doing an interview and submitting around three stories in time for the 4 p.m. deadline.

It’s good that parenting is a shared responsibility. Two pairs of hands are better than just one and two minds are best when it comes to raising a child.

The difficulties, nonetheless, end at the physical level. At least for now that my child is still very young.

To be a parent is one of the best things that can happen to anyone. It’s true what they say – parents forget how tired they are when they see their offspring.

But I have no grand illusions. I know that parenting will be difficult along the way, judging from my own mother’s wrinkles and increasing number of white hair.

My simple dream is to nurture an individual who will never stop to struggle for what’s best for her and society. I believe that is what parenting is about.

When that happens, I can say that I have done it and I have done it well.

In the meantime, there’s a little girl to take care of, to grow, to nurture and to prepare for the great big world.

cloud nine

"Mama"

My daughter's first word. Heard it for the first time at 5 a.m. yesterday. Nothing could be sweeter.

The kingdom of the dead

The smell of fetid sweat pervaded in the air, inside the narrow, dimly-lit walkway. In the darkness, I searched the pocket of my worn-out jeans for coins to pay for the P2 entrance fee.

A fat, friendly-looking man in plain white shirt and brown shorts was waiting at the exit to collect the money. I paid my dues and when I went past him, I was in awe of what I saw.

The maze-like passageway opened up to the kingdom of the dead. There in front of me, shining under the glimmer of the early morning sun was a vast expanse of graves and hundreds of people visiting their dead.

It was November 1 and I was at the Manila North Cemetery to chronicle this year’s All Saint’s Day commemoration. I was privileged to join Luis and Akira, two of the country’s most passionate photojournalists for the day trip.

We entered Manila’s biggest burial place through one of the many side entrances: through the homes of the many informal settlers living around the cemetery. The small handwritten sign which read, “Shortcut to FPJ, this way,” caught our attention.

The settlers have opened their homes to outsiders for P1 or P2 per person. It was a reflection of Filipino ingenuity. We wasted no time and stepped inside a small shanty. In minutes, we found ourselves inside the cemetery, just a few steps away from the grave of movie icon Fernando Poe Jr.

It was actually a small amount to pay to be very near the heart of the cemetery without passing through the barricade of policemen, traffic enforcers and volunteers who were guarding the main entrance.

We walked around the area the whole morning, taking snapshots of almost everything.

The scenes of the day were as colorful as the millions and millions of graves and epitaphs that filled the cemetery.

We climbed tombs and mausoleums and passed through mourners of all ages. Some were busy cleaning the graves of their loved ones. Many were eating, laughing and enjoying the day. Children roamed around as if they were in one giant playground. Many found time to sleep, right there on the graves of their loved ones.

Our cameras just kept on clicking. We made our way around the labyrinthine cemetery. We allowed ourselves to get lost into the dark corners and narrow walkways. In some parts, an eerie silence accompanied us. In most of the cemetery, Filipinos had one big feast.

Hunger soon caught up on us as our tired bodies also begged for rest. We left the cemetery after a few hours with pictures of the living and the dead.

It was to me, an experience for more profound than I had expected.