Statements

The Callousness of the Judicial System for the Poor

2 May 2021

 

Image from InterAksyon News Page
13 October 2020– The recent events have shown how the judicial system again grinds exceedingly well against the poor, particularly a detained mother and her baby who were forcibly separated by a court order. This consequently endangered the three-month-old baby’s health that led to her death. The court further curtailed the mother’s right to grieve in visiting her dead child and give her a decent burial. The original three-day furlough was shortened to six hours amidst tight security.
But what makes Reina and her daughter’s story heart-breaking and enraging is the early and forced separation of a baby from her mother despite experts’ strong recommendation of exclusive breastfeeding. River Emmanuelle (Mikmik) was born on July 1, 2020, while her mother Reina is in jail. She was born of low birth weight and thus exclusive breastfeeding was strongly recommended. Throughout Reina’s pregnancy, she and her baby were deprived of appropriate prenatal care behind bars. The COVID-19 pandemic made the situation for the mother and daughter worse.
The baby was taken care of by Nasino’s aunt. Eventually, the baby had diarrhea and was rushed to the Manila Medical Center, and then transferred to the Philippine General Hospital. She was diagnosed with acute gastroenteritis. Baby River died due to Acute Respiratory Distress Syndrome last Friday, October 9, 2020.
Atty. Edre Olalia of the National Union of People’s Lawyer (NUPL) expressed it succinctly, “the baby is gone. No words could ever capture this human tragedy. Heartbreaking does not even come close to it. What kind of justice system, nay, society, do we have to let this inhumanity and injustice to mother and child happen?”
Her lawyers pleaded to the court to allow Reina to breastfeed, care and nurture for her baby citing both domestic and international laws to support Reina and River’s appeals.
Meanwhile, former President Estrada was allowed to visit his mother at her home on Kennedy Street, North Greenhills in San Juan on Oct. 26, 2003, allowed to attend the birthday party of her ailing mother who was celebrating her 101st birthday last May 3, 2006, and allowed to visit her at the hospital last September 29, 2007. Former President Arroyo was allowed to spend Christmas and New Year at their home last December 2015. Sen. Bong Revilla was allowed to visit his son at the hospital last March 3, 2015 and his ailing father at the hospital last March 17, 2017. Zaldy Ampatuan, who was involved in the Maguindanao massacre last 2009 was allowed to attend the wedding of his daughter in Pasay City last August 21, 2018.
Using the structural social work lens in the case of Baby River and her mother, the courts as judicial institutions “perpetuates and maintains in-equality and personal hardship”. The law enjoys elasticity in its interpretation and implementation when lawyers of the ruling class invoke humanitarian grounds. Conversely, the law assumes rigidity and becomes an instrument of oppression when confronted with appeals from the poor. Reina Mae Nasino belongs to a perceived left-leaning organization and thus warranted an iron-hand incarceration. Under a failing judicial system, the “secure protection of the law” is only a promise and then taken away.
We, social workers believe that courts, as a state duty bearer, violate human rights when it perpetuates discrimination, inequality, and suffering of the poor and vulnerable, particularly of a young, detained mother.
We call on all social workers to oppose any form of oppression and violation of human rights and to condemn the treatment of Reina Mae Nasino as a mother and Baby River as a child. Rights are sacred and inherent to any individual and should not be arbitrarily deprived and violated.
Specifically, we call on the immediate temporary release of Reina Mae Nasino and her colleagues while a speedy trial and due process is in progress. We call on the review of court and detention policies and protocol that all pregnant women, new mothers, and young children less than three years old in jail be granted furlough while their cases are given priority trial.

SWAN Philippines Unity Statement

2 May 2021
SWAN-PH Founding Conference Resource Speakers
Sixty one Filipino social work practitioners, educators and students from Luzon, Visayas and Mindanao and the National Capital Region have come together on August 24-25, 2020 to discuss the global, regional and national contexts of social work and the challenges they pose.
We acknowledge the adverse impacts of patriarchy, neoliberalism, environmental degradation on the lives of the people and how these are currently exacerbated by COVID 19 pandemic and the concomitant militarist approach of an authoritarian regime in addressing the pandemic.
We are concerned that mainstream social work practice has been framed by individualist understandings of social problems, resulting to the formation of a welfare system that is heavily reliant on private/non-government sector initiatives.
Further, we recognise that the devolved social welfare system runs on limited budget and is thus inadequate and fragmented, and is unable to measure up to its mandate, making it vulnerable to partisan politics.
We also realise that social work has radical and activist roots that we must continue, enrich and build on for social work to be a human rights profession, and for it to truly pursue the interests of the marginalised and oppressed.
United by our common pursuit of transformative social work, we have formally organised ourselves to become the Social Work Action Network -Philippines (SWAN-Philippines).
Consistent with the global definition of social work, we are guided by the principles of human rights, social justice, collective responsibility, and respect for diversity.
We commit ourselves to expose and work for the eradication of the roots of impoverishment, inequality, and social exclusion, arising from the intersection of class, age, race and ethnicity, , gender, SOGIE, ability and other variables.
We, SWAN Philippines, aim to build on and create pathways for progressive and critical social work education and practice.
We aspire to influence social policy discourse through education, advocacy and partnership development.
Acknowledging the evolving nature of social work, we seek to constantly reflect on and construct perspectives and frameworks on how social work can be relevant and responsive to the lived realities of the poor, marginalised and oppressed.
We commit to be reflexive, ethical, gender-responsive, culturally-sensitive and accountable in our praxis.
We commit to build partnerships in working for another world where respect for human rights is a way of life, where people can co-exist on an egalitarian basis, and where people do not fear for their lives in the exercise of fundamental human rights.

Social Work Action Network – Philippines (SWAN) statement on the illegal arrest and detention of the Pride 20

30 June 2020

On June 26, 2020, three young social workers were among the twenty participants of the Pride March in Mendiola, Manila, who were illegally arrested and detained by the Manila Police District. They are Rogelio Feguro Jr., Nehemiah Hipos and Kim Vinzar Samina who provide psychosocial services at the Children’s Rehabilitation Center.

The arrest is ironic since the month of June is the LGBTQ+ Pride Month to “commemorate the riots held by members of the LGBT community against a police raid that took place at the Stonewall Inn in New York City on June 28, 1969”, exactly 50 years ago. The uprising became a catalyst for an emerging gay rights movement  after the civil rights movement and the women’s rights movement all over the globe.

The narrative of the arrest is shocking. “The protesters who observed physical distancing were ordered to disperse. They eventually complied with the order to disperse.  But after some of them had boarded their vans, the police forcibly removed the drivers from their seats and commandeered the vehicles. The protesters vehicles were brought to the Manila Police District  headquarters along U.N. Avenue…” According to Bahaghari spokesperson, Rey Valmores Salinas, “the whole time, the protesters were asking why they were being arrested, the police were not answering. The police did not even read the Miranda rights, the proper police procedure to read a person’s rights upon his arrests.”

Tonight, Pride 20 were released, after five days in detention. The release is contingent on “further investigation,” i.e., the city prosecutor is still determining whether to  clear them of charges or to file charges against them .

The Social Work Action Network-Philippines condemns the illegal arrest and detention of  Pride 20. It celebrates their release today. But, it remains vigilant over how the case will finally be resolved.

We laud Rogelio Feguro Jr., Nehemiah Hipos and Kim Vinzar Samina for their adherence to Social Work principles of social justice, human rights, people’s empowerment and respect for diversities . In a society with creeping tyranny and  gradual institutionalization of authoritarian rule, even in the face of the COVID-19 pandemic, it is imperative for us social workers to take a stand and agenda for action. Otherwise, our silence makes us complicit. Social Work is not a neutral profession. It stands with the poor, the oppressed and marginalized, victims and survivors of violence and other human rights violations, amplifying their concerns, supporting their collective action, advocating for social transformation. As Mohamed Taib says,  “if activism is a conscious act of being on the side of those who suffer, then there must be conscientious attempts to articulate these concerns.” The participation of Feguro et al in the June 26, 2020 protest action is one of ways by which  they articulated concerns particular to the LGBTQ+ community and the poor and marginalized.

Amidst the current situation, we should develop and strengthen our moral courage. Beyond  raising our voices to condemn their unlawful arrest,  let our three colleagues inspire us into  creating our own activism wherever we may be as  social workers.

SWAN-Philippines

June 30, 2020

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