Thursday, March 21, 2013

Kristel, Suicide, and History


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There may be a myriad of reasons why she took her life. As with the deaths of Kurt Cobain or Lee Kyung Hae or Aaron Swartz, we are left to our second guesses and interpretations of Kristel Tejada's motives, except perhaps that it was triggered by UP Manila's No Late Payment policy. This is discomforting for many, especially those who truly love her. But alas, we will never know what really happened. We will never know the exact array of private reasons that caused to emerge the thoughts of suicide in her head. History will never capture the exact truth. History will never give us the exact description of the complex psychology of Kristel's final escape.

Since we are nearing Holy Week. Another brilliant piece from the Pixel Offensive.

Are we then left perpetually blind by the fuzziness of history? Far from it.

Tuesday, January 8, 2013

Bangsamoro, the Devolution Failure, and India-style Federalism: A Case for Asymmetric Autonomy and Strategic Reapportionment


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by James Matthew Miraflor*

The process is moving. Before 2012 ended, Philippine President Benigno Aquino III signed Executive Order No. 120 creating a Transition Commission (TC). The TC will supposedly draft the proposed Bangsamoro Basic Law stipulated in the Framework Agreement between the Government of the Republic of the Philippines and Moro Islamic Liberation Front (MILF).

This is indeed a breath of fresh air to a land scented by the smell of blood and war. GPH Negotiator and now Supreme Court Justice Marvic Leonen, a former Dean of the UP College of Law, was able to garb the whole process with political legitimacy and language of legality. If we are to accept a legal realist position, it is expected that the Supreme Court will decide in favor of ending the conflict and allow the evolution of a legal narrative for self-determination. Insisting on a constitutional change as a requisite to actualizing the agreement may end up compromising the gains for peace.

The Proposed Bangsamoro Core Territory based on the GHP-MILF Framework of Agreement.
Mindanews Graphics by Keith Bacongco. From here
But no doubt, the implementation of the Framework Agreement will raise questions on constitutionality and the framework's compatibility with our existing unitary system. No doubt, proposals for converting our current form of governance from unitary to federal will once again fill the pages of our dailies. It is inevitable then that we ask: would a shift to a federal system really be better for the Philippines? And if we do decide to shift, what model of federalism should we adopt?

These questions are asked in a context of a widely perceived failure in devolution and trends of increasing recentralization in health, social welfare, and local governance after the landmark Local Government Code of 1991. This essay argues that while federalism can be a plausible model for the country, it should be asymmetrically implemented (giving some territories more liberties than others) - following India's model. A strategic mix of recentralization and devolution, following some principles from the concept of Optimal Currency Areas (OCA) and urban agglomeration, is thus proposed as a way forward in implementing a reapportionment of political boundaries under asymmetric federalism.

Friday, December 28, 2012

The World according to Friedman: 2012 Geopolitical Analysis on US, China, Germany, and Japan


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Clearly, for geopolitics, 2012 did not signal the world's end, but only its tumultuous continuity. Major economies of the world had seen their governments either replaced or reestablished - Barack Obama in the United States, Xi Jinping in People's Republic of China, and Shinzō Abe in Japan. Newsweek issued its last print issue, with the iconic hashtag sounding the death knell to non-online publishing. European Union remains to be stuck in a debilitating debt crisis. The UN General Assembly approves a motion granting Palestine non-member observer state status.

From here.
As we close this year, it is but fitting to listen to one of the world's best geopolitical minds  as he speaks on the state of the world, as well as the history and future of US, China, Germany and Japan. Let us all take a peek at the important insights George Friedman of Stratfor shared to us in 2012: 

The State of the World: A Framework 
By George Friedman | February 21, 2012

Editor's Note: This is the first installment of a new series on the national strategies of today's global power and other regional powers. This installment establishes a framework for understating the current state of the world. 

The evolution of geopolitics is cyclical. Powers rise, fall and shift. Changes occur in every generation in an unending ballet. However, the period between 1989 and 1991 was unique in that a long cycle of human history spanning hundreds of years ended, and with it a shorter cycle also came to a close. The world is still reverberating from the events of that period.

On Dec. 25, 1991, an epoch ended. On that day the Soviet Union collapsed, and for the first time in almost 500 years no European power was a global power, meaning no European state integrated economic, military and political power on a global scale. What began in 1492 with Europe smashing its way into the world and creating a global imperial system had ended. For five centuries, one European power or another had dominated the world, whether Portugal, Spain, France, England or the Soviet Union. Even the lesser European powers at the time had some degree of global influence.

Monday, November 12, 2012

Responding to a Planetary Emergency: Global Partnerships and Global Struggles


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It is not just because it is 2012. The threat of radical climactic change is now not just a mere scientific proposition. The world's worst polluter, the United States, was the last victim of a severe weather disturbance - hurricane Sandy a.ka. the "Frankenstorm" - which battered New Jersey and several other states in the East Coast. Ironically, it came just weeks after defeated Republic presidential candidate Mitt Romney mocked President-elect Barack Obama for promising "to begin to slow the rise of the oceans and to heal the planet".


The UNFCCC Conference of Parties (COP) 18 in Doha, Qatar on the last week of November to the first week of December this year is seen by some as our final hope to save world - our final hope to deeply cut global greenhouse gas emissions to prevent catastrophic global warming. As such, movements around the world prepared as coordinated "Global Week of Action" this week to reiterate its message to the governments of the world - in particular, to the recalcitrant governments of the North.

It is thus fortunate that I was invited to speak on "MDG 8- Global Partnership" for the “MDG Youth Training Program” being organized by MDG Achievement Fund in partnership with UP-NCPAG Student Government. The training seeks to educate university students on the MDGs and provide them an opportunity to draft an action plan for the MDGs. This is a good opportunity to encourage our students to join the Global Week of Action and champion an effective global partnership to stop climate change.

Here is my presentation:



Monday, October 8, 2012

The 15th Petition for a TRO - Netizens vs. the Cybercrime Prevention Act


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Today, the Philippine Internet Freedom  Alliance (PIFA.ph) filed a petition at the Supreme Court (SC) for a Temporary Restraining Order (TRO) on Republic Act 10175 or the Cybercrime Prevention Act of 2012. Below is an outline of the substantive arguments in the Petition:

I. RA 10175 violates the right to privacy and due process (Sec 16, 19).
II. RA 10175 violates the right to equal protection (Sec 6, Sec 19).
III. RA 10175 violates the right to free speech (Sec 19, Sec 4(c)).
IV. RA 10175 violates jus cogens norms of international law (Sec 4(c)).
V. RA 10175 is an ex post facto law.
VI. RA 10175 imposes cruel and unusual punishment.

See the full petition below:



Petitioners are : PHILIPPINE INTERNET FREEDOM ALLIANCE, composed of DAKILA-PHILIPPINE COLLECTIVE FOR MODERN HEROISM, represented by Leni Velasco, PARTIDO LAKAS NG MASA, represented by Cesar S. Melencio, FRANCIS EUSTON R. ACERO, MARLON ANTHONY ROMASANTA TONSON, TEODORO A. CASIÑO, NOEMI LARDIZABAL-DADO, IMELDA MORALES, JAMES MATTHEW B. MIRAFLOR, JUAN G.M. RAGRAGIO, MARIA FATIMA A. VILLENA, MEDARDO M. MANRIQUE, JR., LAUREN DADO, MARCO VITTORIA TOBIAS SUMAYAO, IRENE CHIA, ERASTUS NOEL T. DELIZO, CRISTINA SARAH E. OSORIO, ROMEO FACTOLERIN, NAOMI L. TUPAS, KENNETH KENG, ANA ALEXANDRA C. CASTRO

Petition

In the Philippines, the primacy and high esteem accorded freedom of expression is a fundamental postulate of our constitutional system. This right was elevated to constitutional status in the 1935, the 1973 and the 1987 Constitutions, reflecting our own lesson of history, both political and legal, that freedom of speech is an indispensable condition for nearly every other form of freedom. Moreover, our history shows that the struggle to protect the freedom of speech, expression and the press was, at bottom, the struggle for the indispensable preconditions for the exercise of other freedoms. For it is only when the people have unbridled access to information and the press that they will be capable of rendering enlightened judgments. In the oft-quoted words of Thomas Jefferson, we cannot both be free and ignorant.

- Mr. Chief Justice Reynato S. Puno, speaking for the Court en banc, in Chavez v. Gonzales and National Telecommunications Commission, G.R. No. 168338, February 15, 2008.