POEM: IN A CAFE WITH A MEAGER CROWD

In a Café With a Meager Crowd

(Activists’ Reunion)


They often sit in a café

whose meager crowd is its lure

while the tea brews

and cream perfects its assault

on the blackness of the coffee

Their talk spirals from the pit of the mundane

to the limits of the profound

like morning glory leaping out a high fence

from the wet mound of earth

They swap stories about small victories

and large victories

About injustice which is never big or small

because size is not a benchmark of evil

which is the only benchmark of itself

They snatch moments of silence among them

that, as though soap bubbles, readily burst

into congruent opinions.

Their collective spirit hangs over them,

shrivels at their depression,

over their helplessness

They do so much. Nothing is done

as if they are pouring water

into permeable barrel

Injustice always cracks victory

What is peace in the cool valleys

when the hills are trembling in fear?

Supplicant for vigor, their spirit nags them

to let laughter soak up the tears that weigh it down

One, somehow, catches the plea

He starts sculling the dialectics

till they syncopate

into chats about the weather

Not only. Even the latest scandals

involving the movie and political stars.

The inane giggles buoy up their sagging spirit

At the close of night,

they move to different directions

looking forward to the next date

in a café with a meager crowd. / chytdaytec

INNOCENCE: DEFILED THEN TRIED



Today, the world starts a three-day mourning for the victims of the Israel-authored 2009 Gaza Massacre that claimed the lives of innocent civilians, many of them children.

No one from the authors of the massacres has been made to pay. Meantime, Palestinian children are languishing inside prison walls. Their crime: they were forced to grow up too quickly to the horrors of a war without a cause committed on their parents, their relatives, their neighbors, their playmates, themselves.

Dodo is 3. He is my friend's nephew. He lives in Gaza. He can tell the difference between the sound coming from an air strike and a baby's holler. When the planes strike, he knows he must seek cover. For him and the other children in his situation, I wrote this poem inspired by news on the prosecution of young Palestinians forwarded by Dildora.

The BOYS UNDER INDICTMENT
(for Dodo)


(A)n average of 9,000 Palestinians are prosecuted in two Israeli military courts in the West Bank each year, among them an average of 700 children, some of them as young as 12.
-Maan News Agency, 2 November 2009

While they were sleeping
Under covers of innocence
You abstracted their dreams
Of legends that spring from grandmothers’ laps
The smell of milk from their mothers’ breasts
The fishing trips with their fathers
Eager to see their sons grow into men
You smuggled nightmares
Into the depth of their slumbers
Screaming they awoke in the night
The lullabyes were drowned
By exploding bombs and shouts of rage
Infancy leapt past midmorning
Into the burning heat of an angry noon

Tell me: How does a three year old
Come to comprehend death
Before he knows how to count his age?
How does a boy learn to pull the trigger of a gun
Before his hand can write his name?
Why does he know the killing fields so well
But does not know how a karaoke bar looks?

I see tired old men in young boys’ gawky bodies
March slowly till they disappear inside prison walls
Shadows fading away from the wall
When the lights are turned out suddenly
Helpless without the guns thrust into their arms
By your politics strange to conscience
Victims who must suffer the guilt
Of boundless power that bloodshed never sates.

/ chyt daytec, 5nov09

PHILIPPINES A DANGEROUS COUNTRY FOR LAWYERS

(Connie with Rep. Satur Ocampo and former Vice-President Teofisto Guingona in Sept. 2007 during the NUPL Founding Congress.)

The National Union of Peoples’ Lawyers (NUPL) strongly condemns in the strongest possible terms the horrible act of brutal killings of innocent civilians including its two lawyer-members, Attys. Concepcion Brizuela and Cynthia Oquendo, and scores of women and journalists in Maguindanao yesterday.

Penal books are not enough to depict the horrifying mass slaughter of innocent civilians, much less the state of mental perversity of their executioners in the commission of such a gruesome act.

Lawyers are essential agents of the administration of justice, and journalists are an institution in a civilized society. If lawyers and journalists are brutally murdered while in the performance of their duties, and in broad daylight at that, democracy is dead, plain and simple.

Malacañang must see to it that it knows how to accord justice to the hapless victims, especially in this case where military reports disclosed that the mastermind is its closest political ally in Mindanao, the Ampatuans. All government resources must be brought to bear on the Ampatuans. Otherwise, Malacañang itself would tolerate lawlessness and violence. The private army of the Ampatuans must be instantly disarmed and placed under immediate custody and investigation, and all their firearm licenses immediately revoked.

Malacañang’s tolerance of warlords greatly contributes to the persistence of the culture of impunity in our society. Since 2001 and prior to the Maguindanao massacre, 22 lawyers and 15 judges in the country have already been murdered and not a soul was put in prison by the authorities, and this has earned the present administration the dubious distinction of having the most number of lawyers and judges that were killed in an administration.

These extra-judicial killings of lawyers and journalists must be put to an end. We demand in the strongest possible manner that justice be accorded to the innocent victims, particularly to our compañeros, Attys. Brizuela and Oquendo. We demand justice, no more, no less.

Contact Person:

Atty. Julius Garcia Matibag (0927.9293089)

WILL MONTANER AND POSADA CONFESS THEIR COMPLICITY?

• Documents confirm that the CIA knew that the Jesuit priest Ellacuría was going to be killed

by Jean-Guy Allard

THE U.S. State Department, the CIA, and the Spanish intelligence services (the old CESID), all knew that the Jesuit priest, Ignacio Ellacuría, rector of the Central American University (UCA), and five of his colleagues were going to be killed by a death squad from the Salvadoran Army. That has been confirmed in the Sunday edition of the Spanish newspaper El Mundo, citing a series of "recently declassified" U.S. intelligence documents to be handed over to the Spanish courts.

The revelation further supports information indicating how CIA agent Carlos Alberto Montaner, who was stationed in Madrid, was well-informed about the conspiracy when he directly threatened Ellacuría a few days before the horrendous crime.

It also fits perfectly with the theory that international terrorist Luis Posada Carriles, then a CIA agent and high official in the repressive Salvadoran apparatus, was involved in the plot. Carriles is currently being protected in the United States with the complacency of U.S. authorities.

The military death squad burst into UCA in the early hours of November 16, 1989, surprising the six Jesuits who were asleep. They ordered them to get up and then took them outside, where they were all shot in the back of the head.

Fathers Ellacuría, Armando López, Juan Ramón Moreno, Ignacio Martín-Baró, Segundo Montes and Joaquín López, all professors at the institution and defenders of liberation theology, were victims of constant attacks by ultra-fascists from the ARENA party, whose representatives are still active on the Salvadoran political stage.

Elba Julia Ramos, the priest’s housekeeper, and her 15-year-old daughter Celina were also victims of the massacre.

Monday, November 16 is the 20th anniversary of the murder while, in neighboring Honduras, the same class of Central Americans who continually sowed terror 20 years ago with CIA and the State Department support, have seized power.

Some of the material authors of the massacre were sentenced to 30 years’ imprisonment in January 1992, but were scandalously given amnesty barely 14 months later, in April 1993.

The Spanish El Mundo reports that a series of documents from U.S. intelligence services have been declassified and will be given to the Spanish National Court, in Madrid, where charges have been filed for "those responsible for that slaughter."

"In the papers to be handed over to Spain, there is information that directly documents the fact that Colonel Milton Menjívar, military chief of the U.S. embassy in El Salvador and a high U.S. State Department official were aware of what the Salvadoran army was plotting against the UCA rector," El Mundo notes.

"According to analysts consulted by this newspaper, it can be deduced from studying these declassified documents that CESID also had this knowledge or was looking at the same information as the Americans," the newspaper specified.

PURE COINCIDENCE?

By coincidence, the El Mundo revelations have emerged while Carlos Alberto Montaner, a pseudo-intellectual of Cuban origin, is celebrating the fascist regime of businessman Micheletti in Tegucigalpa along with the son of Peruvian Mario Vargas Llosa.

In a fervent speech to an assembly of coup negotiators, Montaner denounced, with his usual right-wing rhetoric, "the Castro-Chavism" that, according to him, has failed in Honduras, although "it will soon try to destabilize the country again."

It’s important to remember how, barely one week before the murder of the six Salvadoran Jesuit priests, that same Montaner threatened Ellacuría after the latter completed a "face to face" Spanish television program led by its pro-Franco host Mercedes Milá.

Years later, the Madrid ‘writer’, on the run from the Cuban justice system for his terrorist activity in Havana in 1960, described the presence of liberation theologians in Latin America as "a labyrinth of lost Jesuits and Maryknolls."

The U.S. Maryknoll Order was also a victim of the death squads. In 1980, the year when Monsignor Arnulfo Romero was murdered, four U.S. nuns were raped and killed by National Guard troops during Operation Centauro, which directed by Cuban-American CIA agents and Leopoldo Castillo, the Venezuelan ambassador in El Salvador.

Neo-fascist Leopoldo Castillo currently hosts a program on the right-wing Venezuelan TV station Globovisión.

POSADA’S ASSIGNMENT

In the period when the Jesuits were murdered, Luis Posada Carriles was personal advisor on repression to President José Napoleón Duarte, who had governed the country under State Department instructions since 1984.

When the arms for drugs trafficking operation directed in Ilopango ended in the Iran-Contra Scandal, the CIA placed Posada among former torturers of the Venezuelan secret police, who were then directing the Salvadoran National Police (PN), alongside the henchmen Mauricio Sandoval and Víctor "Zacarías" Rivera.

Posada became the advisor of Duarte who, it’s said, called him to his own home to resolve "particular cases." In those days he dedicated himself to giving orders to the death squads that were sowing terror across the country.

After leaving El Salvador after a change in presidents, Posada returned a few years later with his ARENA buddies and established a command center on behalf of the Cuban-American National Foundation, a U.S. intelligence anti-Cuban front organization.

It is important to note that, in November 2003, the UCA and the El Salvador Human Rights Institute petitioned the Inter-American Human Rights Commission to investigate former Salvadoran president Alfredo Cristiani (currently an unconditional supporter the Micheletti regime) and certain military officers from that country. Six years later, that agency of the Organization of American States has still not responded to the petition.

Translated by Granma International

Yash Ghais “New Orthodox View” of Human Rights


The poet Rudyard Kipling wrote, “Oh, East is East and West is West and never the twain shall meet.” But Yash Ghai’s “new orthodox view” of rights  might just prove Kipling wrong. If universalists represent the West and relativists, the East,  they can actually shake hands but only  within the parameters of  this paradigm.

Yash Ghai  reconciles universalism with relativism, neither of which seems to trust the other. He posits that  the “East’s”  opposition to universalism stems from the assumption that in pushing for a homogeneity in the appreciation  of rights,  universalism   promotes  a global world order the ultimate goal  of which is to   alienate the periphery states (East)  from their cultures and force them to assimilate into the culture of the core (West).This culminates in the loss of their access to wealth and power in the world system, if not their identity.  On the other hand, the “East” is accused, rightly or wrongly, of invoking cultural relativism to legitimize certain practices condemned as  human rights violations   by the international community.

Using the oxymoron  “new orthodox”  to describe the  compromise, Yash Ghai   attempts to wind down the never-ending  debate between the advocates  of    the two perspectives. In their  absolute forms,  both are  orthodox and diametrically opposed to each other. But they metamorphose into the “new orthodox view” when they interbreed, giving birth to a new species of  human rights paradigm –one that  not only affirms the  existence of universal natural precepts of right and wrong  but, no less significantly,  respects the autonomy of the myriad cultures to  interpret these precepts within the latitude of their prevailing material realities. It may bear semblance to a  marriage of convenience, but a happy one nonetheless. The downstreamed genes of universalism  are shorn  of  the  propositions that a human right has only one shape and thus must be interpreted  in a consistent manner all over the globe and that the human rights records of societies should be scrutinized in the light of a singular benchmark. Relativism bequeaths  a new eye  that  recognizes   the existence of the  human nature that is universal, fathomable by reason, and which achieves its highest worth through rights. This eclectic  perspective pays tribute to the immutability of this human nature and the dynamism  of culture.  Under it, the East-West dichotomy appears more mythical than real, and the debate anchored on the conviction that it does exist is no more or less than an exercise in futility.

The Philippines, one of the states that drafted the Universal Declaration of Human Rights,  is predominantly a Catholic country with a strong  public policy against divorce expressed in its laws. Upholding the  inviolability of marriage, the Supreme Court refused to acknowledge the validity of foreign divorce decrees by Filipinos. The  rule  of “lex nationalii” gave the Supreme Court no option, either way. Like a guardian angel, a person’s national law concerning his or her  capacity to marry follows  him/her everywhere.

But the policy also extended to cases of foreign divorce sought at the instance of former Filipinos  or even by foreigners. This created preposterous if not unjust   cases of  Filipinos  married to  foreigners who were not married to them! Such people whose marital statuses were in legal limbo contracted subsequent marriages that were likewise thrust in the same limbo. Moreover, this gave rise to property issues, as in one case where a foreigner divorced from his Filipino spouse staked his claim on her properties as her legal husband, even if she was married to someone else.[i] Yet the State remained rigid on its policy against the recognition of divorce. When Corazon Aquino was catapulted into the presidency by the People Power Revolution in 1986, one of her  official acts as a dictator under the transition Freedom Constitution was to enact a new family law which provides that “where  a marriage between a Filipino citizen and a foreigner is validly celebrated and a divorce is thereafter validly obtained abroad by the alien spouse capacitating him or her to remarry, the Filipino spouse shall have capacity to remarry under Philippine law.”[ii] But the law still suffers from a congenital defect. For the divorced Filipino to be capacitated to remarry,  the marriage must be “mixed” from the very beginning and does not contemplate a situation where the one who obtained divorce was a Filipino who subsequently became a foreigner. However, in a recent case, the Supreme  Court abandoned  its former doctrine that stuck to the letter of the law and impressed it with a liberal interpretation.[iii] 

The Philippine experience, although  by no means ideal,   demonstrates how universalism and cultural relativism can amalgamate  in a “new orthodox” form, delivering some form of happiness to  people who would have otherwise been deprived of a right  enshrined in the UDHR.    


[i] Van Dorn v. Romillo, Jr., 139 SCRA 139. The decision was a stray one as it squarely went  against the   law.
[ii] Art. 26, Family Code of the Philippines
[iii] Republic v. Orbecido, GR No. 154380, 5 October 2005