The Subic Bay Rape Case continues

On February 11, the Philippine Supreme court ruled Daniel Smith, the US Marine convicted in the Subic Bay Rape Case must be handed back over to Philippine Authorities, providing the latest twist in a high-profile case that has dragged on for two and a half years.  The US Embassy, which has maintained custody of Daniel Smith, has so far refused to obey the ruling.

While I would be the last person to argue that the justice system in the Philippines is fair, or that  prisons there are fit for any human beings, no matter how reprehensible their crimes, I still find the United States’ refusal to hand him over to local authorities indefensable.  The American Embassy has happily turned a blind eye to hundreds of political killings and thousands of cases of torture, illegal arrest and arbitrary imprisonment of activists, Islamists, communists and other “enemies of the Philippine state.”  As long as the US continues backing the Arroyo government, it has zero moral authority to shield one of its citizens who has been tried and convicted in local courts.

Below is an old article of mine, updated and lightly rewritten to reflect current events:

On December 4, 2006, Philippine courts sentenced U.S. marine Daniel Smith to 40 years in prison for getting a young Filipina drunk, raping her inside a van, and tossing her half-naked onto the street. The guilty verdict was a dramatic victory for people seeking to hold American servicemen accountable for their crimes against civilian populations.

On December 29, 2006, the hopes raised by Smith’s conviction were shattered when the US Embassy removed him from Philippine custody.

Smith remains in the custody of the US Embassy in Manila while he appeals the verdict, causing widespread public outrage in the Philippines. The impulse to prevent Smith from languishing in an overcrowded, under-serviced prison while his case is resolved is understandable. But the “protect our boys” ethic that underlies it, which dictates that U.S. personnel abroad should invariably be shielded from local accountability, needs to be seriously reexamined.

[Read more...]

UN report on extrajudicial murder in the Philippines

The UN Special Rapporteur on extrajudicial, summary or arbitrary executions (now there’s a job title) has just released his report on the Philippines. I realize that some of you may have actual lives, but I’m pretty excited it’s out, and I know human rights activists in the Philippines are too. The report doesn’t say anything that hasn’t been said before, and I’m not too optimistic about it having much of an effect internationally or even in the Philippines, but it’s some strong words from a credible source, and it certainly can’t hurt.

Safe and Sound

I imagine the news about what happened in Basilan over the past few days [attacks by rebel groups on the Philippine marines that left at least 14 dead, including at least 9 beheaded] may be trickling in to the Western media.
In case my last post wasn’t clear enough, I’m back in Manila, and fine. I did not, in fact, even know about what happened until today. Which is actually pretty bizarre. I was at the Philippine military base yesterday, speaking with a public affairs officer from the US Joint Task Force, including a fair amount of discussion about Basilan, and didn’t know what had happened until it came out in the press.
I still don’t really understand. I can only assume that the person I was talking to was also unaware at the time, because he said a few things that, in retrospect, look pretty foolish. i.e.:

“And this is where a big part of our involvement with the AFP [Armed Forces of the Philippines], and our work with the AFP really began was in Basilan where they had significant successes against the Abu Sayyaf and JI [Jemaah Islamiyah] to the point where the US no longer maintains any sort of presence there. They have for most practical purposes…I won’t say that they have eliminated the threat, but they have certainly taken great strides to counter the threat in Basilan.”

So, yeah. I didn’t watch the news last night, but usually the grapevine is all you need here, and I was out and about until after 8 last night. Didn’t here a murmur. I’m still trying to figure that one out. Basilan is just a few miles from where I was, visible over the water.
But in any case, just wanted to reassure that any pondering I’m doing is being done from a nice long distance.

On a much lighter note, my computer is, as usual having some difficulties with the weather, and thus I’ve lost the use of certain keys. Most irritatingly the zero, the hyphen and the close parenthesis. Thereby depriving me of some of my favorite punctuation.

Would you believe there’s a coffeeshop with wifi here? A good place to kill time during the endless waits to get anything done. I’ve generally found Zamboanga to be frustrating. As everywhere in the Philippines, doing anything requires going through an excrutiating mix of formal and informal procedures. For example, to speak to the US military, I first had to get clearance from the Philippine Military. Of course, theoretically, one could just send a fax ahead of time. But in order for the fax to get read, I had to have someone here to put in a word. So I couldn’t even do that until yesterday. This morning, I found out that I have been given permission by the Filipinos. But still no actual contact. I’m supposed to leave tomorrow morning, because I already have appointments set in Manila tomorrow afternoon. Now it looks like I may have to delay leaving here if I want to get a chance to talk with people. Which means choosing between letting this whole trip to Zamboanga be basically a complete waste of very limited time, or breaking other appointments that were not so easy to make either.
Not to mention the fact that I really, really want to leave Zamboanga. It’s hard to get around much by myself, and the communication barrier here is pretty high. Unless people are well eduated, they don’t even speak Tagalog here. Mostly Chabacano, which is a mix of broken Spanish and Malay, which I can somewhat understand, but can’t speak.
Okay, just now finally heard from the Military people. So I’m going to end this here.

War on Terror, Reign of Terror

So, the reason I haven’t been doing this lately, apart from the usual reasons, is that blogger now requires you to sign up for an account with Google to sign in. I finally did it, just now, and it took about ten seconds, but that proved to be enough of a barrier to keep me away for a few months.
I’m feeling a bit more motivated to try and start posting again, because I’ll be finished with school in a week, and, I hope, having a bit more going on, at least for the summer. I’ll be heading out to the East Coast for the first few weeks of June, making a brief pit-stop back in Madison, mailing myself and all my belongings out to San Francisco, and then jetting off to the Philippines.
Among other things, I’m hoping to work on a few articles about how U.S. policy on the “War on Terror” is affecting the Philippines. I’ve spent the past year doing research on the resurgence of human rights abuses under President Arroyo (several human rights groups have said that 2006 was the worst year since the fall of Marcos…and 2007 isn’t looking a whole lot better). One of the themes that I keep running into is how the War on Terror facilitates this trend, in a number of ways. It’s largely forgotten, but in the early days of the War on Terror, the Southern Philippines, home to alleged Al Qaeda affiliate Abu Sayyaf, was considered one of the prime targets of anti-terror efforts. Throughout, Arroyo has been one of the U.S.’s staunchest allies (despite pulling out of Iraq), ensuring that the Bush administration will block any attempts, within the U.S. or the U.N. to sanction Arroyo for her human right’s record. Furthermore, the New People’s Army (communist guerillas that have been running an unsuccessful insurgency, concentrated in the North, especially Luzon, since 1969), has been officially listed as a terrorist organization. Essentially, what this has meant is that the United States gives Arroyo unstinting support (politically and financially) to fight terrorism, which Arroyo has been taking advantage of to crack down on the left (legal/reformist and revolutionary) in Central Luzon.
My apologies for all the parentheses.
In any case, it’s an interesting (to me at least) aspect of the War on Terror — the corrosive effects on all countries involved in it. There are also some pretty interesting parallels to the support the United States (even under Jimmy “the Carter Doctrine” Carter) gave to the Marcos regime during the Cold War.
I’m not planning to go to Basilan and get beheaded, but I am hoping to use contacts in the safe areas of Mindanao to get a local perspective on how the conflict is playing out in the South, and also to spend a week or two in Manila and Central Luzon to research the legislative aspects (there’s a new anti-terrorism bill) and the social costs of the Philippines’ involvement.
Once I get back from the Philippines, I’ll have a few weeks to decompress and find a place to live before I start school in Berkeley at the end of August. Perhaps, somewhere in there, I’ll take a lesson on how to have a vacation.
I’m excited though.
All I need to do is figure out how to get through two major paper revisions and a ruin-my-weekend 16-page take-home final by the end of next week, and everything’ll be great.