The EROPA Secretariat is thankful for the success of the international seminar on “Governance in a Triptych: Environment, Migration, Peace and Order.” And we thank all the speakers and participants for their constructive comments, invaluable suggestions, and helpful ideas on the governance of the three sectors. Their active participation in the seminar was definitely among the very important keys which resulted in the success of the activity.
We would also like to express our sincerest gratitude to our partner institutions – the Asia-Europe Foundation, Philippine Civil Service Commission, National College of Public Administration and Governance of the University of the Philippines, Career Executive Service Board, Department of Labor and Employment, Overseas Workers Welfare Administration, Kyung Hee University, and Raul P. de Guzman Foundation. The invaluable support extended to this EROPA activity is highly appreciated.
In 2009, the EROPA 22nd General Assembly and Conference will be held in Seoul, Korea and will have the Ministry of Public Administration and Security (MOPAS) through its Central Officials Training Institute (COTI) as host of the events. We hope to see you again in the 2009 Conference for an equally successful activity.
Again, thank you very much and see you again in future EROPA activities.
The EROPA Secretariat
Manila, Philippines
__________________________
ABSTRACTS, PAPERS AND PRESENTATIONS
Plenary Session (Opening)
Panel on Environment
Panel on Migration
Panel on Peace and Order
Integration
Program
Contact EROPA Secretariat
Keynote Speech
Dr. Agustin Escobar-Latapi
CIESAS Occidente, Guadalajara, Mexico
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The Academic's View of Governance
Dr. Alex B. Brillantes, Jr.
National College of Public Administration and Governance, Philippines
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The Practitioner's View of Governance
Commissioner Mary Ann Fernandez-Mendoza
Civil Service Commission, Philippines
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Role of Developmental Government and the Growing Importance of Environmental Governane: Lessons from Japanese Experience
Dr. Akira Nakamura
Meiji University, Japan
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The Imperatives of the Governance of Migration
Ms. Irena Vojackova-Sollorano
International Organization for Migration
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The Imperatives of Peace and Order Management
Mayor Alfredo Lim
City Government of Manila
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PANEL ON ENVIRONMENT
Chaired by Dr. Ebinezer Florano
I. The Role of Various Stakeholders in Environmental Governance
Role of Various Stakeholders in Environmental Governance
Ms. Elisea Gozun, 2007 Champion of the Earth
Philippines
Our freshwaters, land, air and seas are the foundation on which all development starts from. Whatever happens to them benefits or adversely affects everyone. Each and every one of us consume resources, generate waste and thus degrade the environment. It is for this reason that environmental management is not just government’s concern. It is and should be everyone’s concern.
The government has recognized that environmental governance goes beyond government adopting policies and implementing programs and projects by itself. It must necessarily engage and mobilize all the other sectors who are common stakeholders in this home we call Mother Earth. Mutlisectoral groups such as the Protected Area Management Boards (PAMB), the Air Quality Management Governing Boards and the Ecological Solid Waste Management Boards are some of the concrete manifestations of this multisectoral cooperation.
Business groups have come forward not only to ensure that their operations meet environmental standards but they have even gone beyond compliance. Some are greening their supply chain. Others have signed up for the green housing accounting and developing or implementing actions to reduce their carbon footprint. Local government units have also stepped in to assume responsibility for managing their micro environment. NGOs are not just conducting information, education and communication campaigns. They are also implementing many environmental projects in partnership with other stakeholders, including government. The media and the academe are also doing their share.
Clearly, environmental governance which involves all the stakeholders is emerging to be the way to go if environmental management is to be effective and sustainable.
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Education, Agenda Setting and Enforcement: Leading Roles of Local Government in Environmental Governance in Japan
Dr. Masao Kikuchi and Dr. Akira Nakamura, Japan
The environmental issues and policies cannot be achieved by the individual player alone. Government alone cannot protect the sustainable environment without citizens’ cooperation complying the policies. Active citizens vise versa cannot force their environmental practices to the others without democratic consensus. The environment policies in its nature is the policy mix issues among government, private companies, citizens and NPOs and it requires sound coordination among various stakeholders. Among many policy areas, environmental governance needs most the sound coordination and consensus building among various stake holders.
Behind the theoretical background stated above, the paper tries to illustrate the roles of local government in environmental governance in Japan. In many countries, as the closest unit of government providing the basic public services, the role of local government has been gaining its significance in environmental governance. Among others, local government in Japan has historically played a leading role in the environmental policies. Heavy industry based economy and rapid urbanization in the 1960s brought on the pollution issues in Japan as a side effect of rapid economic development. While central government policies gave preference to the development over the environmental conservation, local government played an important role in environmental governance. For instance, Tokyo Metropolitan Government enacted the pollution control ordinance as early as in 1949 long before the central government enacted the basic law for environment pollution control in 1967 and the establishment of Environment Protection Agency in 1971. In addition to the pollution control, local government have played a significant role in environment education i in order to raise the environmental consciousness. In the enforcement level, local government had initiated the policies such as the basic environment plan, pollution control, waste management and recycling policies, and the green tax by legislating the ordinances. As these development indicate, Japanese local government have played a pace setting role in the environmental policies.
The paper first elaborates the brief history of environmental policies in Japan with the focus of local government policy development. The second part exhibits the leading cases of environmental policies in local governments. The final part tries to bring the insights together with some suggestion for the developing countries based on Japanese experiences.
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The Need for Integration in Environmental Governance - National Government, Local Government, Academia, NGOs, Public and Industry: Examples From Air Quality Management in Europe, Asia and Africa
Dr. Tim Chatterton, Dr. James Longhurst, Dr. Nurul Leksmono
and Dr. Enda Hayes, United Kingdom
As countries begin to develop economically, they usually undergo a range of environmental pressures related to industrial growth, increased road traffic and rapid urbanization. Existing governance structures are often inadequate to ensure that environmental and public health protection is maintained at acceptable levels. Even in cases where there may be advanced capabilities in terms of the measurement and assessment of pollution there may not be the structures available to ensure that the resulting knowledge is used to good effect.
In order to ensure efficient and effective environmental management it is essential that clear policy frameworks are developed to establish the relevant roles and responsibilities of all stakeholders and actors. Primarily this must ensure the horizontal and vertical integration of government bodies and departments. However, it is vital that other bodies such as universities and research bodies, private sector consultancies, NGOs, industrial and commercial bodies and the general public are included in this framework as they all have key roles to play. Examples from air quality management in Europe, Asia and Africa will be used to demonstrate the principle of integration in action, how it can be ensured through legislation and the problems that prevail through poor integration.
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Role of Various Stakeholders in Environmental Governance in Brunei Darussalam
Mr. Yusrein Hady Bin Abdul Ghani, Brunei Darussalam
Brunei Darussalam is endowed with relatively clean environment and extensive natural resource base. Nearly 80% of Brunei Darussalam is covered in forest and encompass a wide biological diversity. Marine and coastal areas have generally pristine environmental quality with rich living and non living resources. Extensive reserves of energy and water resources are available in the country. Its soils are quite fertile. Its citizens are prosperous and healthy and, have a fairly satisfactory standard of living and enjoy good quality of life.
Environmental governance became apparent after independence in 1984 through Brunei Darussalam’s participation in regional and international environmental fora such as ASEAN and UNEP. The World Commission on Environment and Development and the United Nations Conference on Environment and Development, the Earth Summit, held at Rio de Janeiro in June 1992 defined sustainable development as development that meets “the needs and aspirations of the people without compromising the ability of the future generation to meet theirs”. National response to the recommendations of the United Nations Conference on Environment and Development (UNCED), the Earth Summit, which is the report of the Bruntland Commission on Environment and Development and the UN Conference on Environment and Development and its Agenda 21 have given new understanding on environment and sustainable development goals, objectives and agenda. The government of Brunei Darussalam is committed to the concept of sustainable development and has enshrined it in its National Development Plans after the independence. There is clearly a need to accommodate this global consensus in the agenda of the national development plan. As a part of this commitment, it has improved institutional and legal foundation for environmental managements and promoted policies and programmes for conserving its environment and natural heritage with a view to have an environment unspoiled for the future generations. It has established laws and regulations that looks into the Natural Resources Conservation and the Protection of the Environment such as the Forestry Conservation and Protection Policy, implemented Pollution Control Measures and Solid Waste Management Programmes and launched an extensive programme for Landscape Improvement. There is also growing public awareness of these issues and regional and international cooperation is increasing. These policies and programmes not only need to be continued, but several other environmental management policies and measures introduced to keep the environmental quality healthy.
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II. Governance of the Commons: Earth, Water and Air
Public Participation in Water Governance
Dr. Jona Razzaque, United Kingdom
Public participation in water resource management remains an evolving issue. Both international and regional instruments provide various tools and mechanisms to ensure local community participation in the water related projects and policies. This paper gives an overview of the growth of participatory rights and how participatory processes have influenced the institutional, legal and political development of water law. It assesses the efficiency of participatory tools under international and national law, the interplay between law and institutions at the national level and the level of influence of people at the policy and decision-making level. The paper shows that there is a strategic shift from consultation to shared decision making with respect to water management plans at the local level. It concludes that water governance is shaped primarily by domestic process with some influence from international processes and that there is an interaction between formal legal and informal political modes of participation.
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Island Community Governance and Coastal Resource Management
Prof. Ofelia Pacete, Dr. Tomas Sajo and Dr. Christine Mae Hernando, Philippines
The interest in inquiring into the contemporary regime of island governance associated with coastal resource management has been triggered by the cogent realization that the Philippines, as an emerging economy, is dangerously poised at the threshold of the 21st century and confronted with a bleak future. The threatening reality is characterized by widespread poverty in coastal areas, decline in volume in fishery operation and fish product quality, inordinate destruction of fish habitat like coral reefs and mangrove, and widespread pollution from land-based agricultural and industrial activities. Consequently, there is dramatic decline in fisher folks’ production and income from fisheries and marine-related activities. These conditions are aggravated by concomitant forces pointing to unresolved population stress, poor development planning, and unscrupulous use of coastal resources and coastal zones by illegal fishers.
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Environmental Governance: The APO Island Experience (Dauin, Central Philippines)
Dr. Joy Cababasay-Lizada
This study aims to showcase the environmental governance in Apo Island from 1979 when Silliman University initiated the Apo Island Marine Conservation Program up to its establishment as Apo Island Protected Landscape and Seascape (AIPLS) pursuant to Republic Act No. 7586 known as National Integrated Protected Areas System (NIPAS) Act of 1992. The paper will discuss the different roles of various stakeholders who have been involved in Apo Island in order to conserve and protect its natural resources and environmental assets, their strategies, programs and approaches as well as the challenges encountered in protecting and conserving the environment particularly on the implementation of the NIPAS Act of 1992.
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III. Environmental Governance: Local, National and Global Levels
Toward an Effective ASEAN Environmental Governance for Sustainable Development?
Dr. Kheng Lian Koh, Singapore
Established in 1967, ASEAN – the Association of South East Asian Nations – consists of ten member states, namely, Brunei, Cambodia, Indonesia, Laos, Myanmar, Malaysia, the Philippines, Singapore, Thailand and Vietnam. Its members range from economies in transition to developing and developed economies.
ASEAN has not yet achieved effective environmental governance for sustainable development but is working towards it. The ASEAN Vision 2020 of 15 December 1997 states that to realize its Vision of “a community of caring societies” there is a need, inter alia, to establish “a clean and green ASEAN with fully established mechanisms for sustainable development to ensure the protection of the region’s environment, the sustainability of its natural resources, and the high quality of life of its peoples.” In 1997, ASEAN members pledged to bring this Vision into reality. Since then ASEAN’s strong commitment to the Vision has led ASEAN to aim at accelerating the establishment of the ASEAN Community by 2015 (instead of 2020). Effective environmental governance is critical to meet this deadline.
As a subregional organization, ASEAN has two main roles in developing sustainable development. First, to deal with environmental issues of common concern in the region, with linkages from global and national/provincial levels. Second, to supplement and support global efforts, particularly in the implementation of MEAs (multilateral environmental agreements). The two are not mutually exclusive.
This paper considers how effective is ASEAN’s environmental governance in the following: (i) the “ASEAN Way” of decision making; (ii) some case studies, namely, the Indonesian Haze, the ASEAN Heritage Parks; the ASEAN Statement on CITES & ASEAN-WEN; the emerging “ASEAN Voice”; (iii) governance organizational frameworks; and (iv) environmental governance structure under the ASEAN Charter, 2007 (not yet in force).
The study shows that ASEAN’s environmental governance has had failures and successes but is progressing as many environmental structures and mechanisms have been developed and others have undergone changes.
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Birthing an ASEAN Nuclear Energy Safety Regime: Energy, Environmental and Governance Drivers
Dr. Francisco Delfin, Jr., Philippines
The global “nuclear renaissance” that is taking place worldwide has reached Southeast Asia. Vietnam and Indonesia are the most aggressive in pushing for national nuclear energy programs in the region, with plans for commissioning of their first nuclear plants by 2020. Although Singapore is the least receptive to nuclear power, it is the leading advocate for the creation of an ASEAN nuclear energy safety (NES) regime that will govern the emerging civilian nuclear industry among ASEAN member states. The creation of such regime is clearly driven by competing but at times complementary factors that relate to energy (rising oil prices, energy security needs), the environment (greenhouse gas emissions, nuclear waste disposal) and supra-national governance (economic integration, transboundary safety issue, commitment to international standards and non-proliferation treaties). How this regime will be crafted and operated will present major challenges to ASEAN authorities given the varying levels of economic development, energy needs, and commitment to nuclear power of individual governments. But perhaps more complicated will be the response of national and regional environmental NGOs and civil society groups to the emerging civilian nuclear industry.
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The Governance of Local Sustainable Development: The Role of the Association of Schools of Public Administration in the Philippines
Dr. Grace Gorospe-Jamon, Prof. Eleazar Ricote and Prof. Wilhelmina Cabo
Sustainable development (SD) has long been integrated into the country’s development agenda as embodied in national and local development policy directives, programs and projects. While major development and policy priorities change along with leadership shifts, the commitment to sustainable development remains evident. But there also remains the continuing challenge towards deeper understanding of sustainable development and translating it into concrete development policies, programs and projects that will withstand inherent social and political realities.
This is particularly relevant to local government units (LGUs), local communities being the direct stakeholders of said development policies, programs and projects. Under the country’s decentralized framework of economic, social and political development, sustainable development can be best approximated with LGUs as main actors. In fact, it is with local governments and local communities that good public administration and governance is expected to thrive.
This paper discusses the socio-political perspective of sustainable development and how it can be better understood and realized in the context of the country’s decentralized framework of public administration and governance. It will then outline a governance framework for local sustainable development highlighting the role of the academe as a critical actor of governance that Philippine LGUs can collaborate with.
The role of the academe will be outlined particularly through what the Association of Schools of Public Administration in the Philippines (ASPAP, Inc.) has significantly done and can continue to do in the study, research, advocacy and collaborative implementation of local sustainable development policies, programs and projects.
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Breakthroughs in Solid Waste Management: Lessons from Selected Municipality and Barangay in the Philippines
Ms. Vella Atienza, Philippines
With modernization and urbanization also comes the serious problem of solid waste management having hazardous effects on the environment and human health. Given limited technology and resources, developing countries are more severely affected by waste management problems compared to developed countries which have the privilege of employing advanced technologies. The Philippines is one of the developing countries where solid waste management has become a major problem. Thus, this paper focuses on how to address the solid waste management problems in developing countries with insufficient resources. It aims to present sound solid waste management strategy with relatively low cost but with a high level of efficiency. This paper highlights the lessons derived from the study of cases in the Philippines. It deals with the processes and mechanisms involved in the governance of solid waste management specifically on how appropriate technologies and approaches can be identified.
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IV. Curriculum Development in Environmental Governance
The Study of Environmental Governance
Dr. Ebinezer Florano, Philippines
This paper provides an overview of the nature, framework, and academic boundary of Environmental Governance (EG) as a possible sub-discipline in Public Administration and Governance (PA&G). The paper argues that EG falls within PA&G because it utilizes some of the traditional methods of the latter (i.e., Public Policy Analysis, Program Administration, Public Fiscal Administration, Local Government Administration), yet in itself, is distinct because of its focus on environmental protection and natural resources preservation/conservation as a means for the attainment of environmentally-sustainable development. To prove this, the etymology of EG is discussed to gain insights on its nature. Then, the conceptual framework of EG is dissected to identify and discuss the dynamics of the various actors and stakeholders involved at the local, national, and international levels. The last section focuses on the possible academic courses and research agenda for EG in the Philippine context.
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PANEL ON MIGRATION
Chaired by Dr. Carmelita Dimzon
I. Managing the Migration Process: Sending Country Experiences
Indonesian Migrant Workers: Analysis of Trends, Issues, Policies and Proposed Solutions
Dr. Prijono Tjiptoherijanto and Dr. Sonny Harry Harmadi, Indonesia
The phenomenon of Indonesian workers migrate to host countries has shown an increase during the last few years. Indonesian migrant workers are mostly distributed over asean countries, the Middle East, and East Asia. Obviously, the increase of the migration flow to other countries is based on migrant rationality. In 2002, the number of legal migrant workers in Malaysia reached almost 800,000, of which 74% originated from Indonesia. Illegal migrant workers were estimated to reach 1.5 million persons, of which 50% was Indonesian. This means that there were around 1.3 million Indonesian migrant workers in Malaysia, and more than 200,000 were employed as domestic worker. Malaysia has become the main country of destination for Indonesian migrant workers because of the cultural and language similarities it shares with Indonesia that facilitate communication between employee and employer. Indonesian migrant domestic workers in Malaysia are estimated to work 16 to 19 hours a day, and are paid a salary half that of their Filipino counterparts. Indonesian migrant workers are subject to many abuse cases, especially in Malaysia and the Middle East. These workers are regarded of having contributed significantly to increasing national reserves with their remittance. However, a variety of preceding studies described that the benefits of remittance were offset by the numerous problems they faced. They are confronted with problems even during preparations prior to their departure from Indonesia to all the way until their arrival back home. Additionally, policies in Indonesia and in countries of destination are insufficient and therefore fail to provide a protective mechanism for migrant workers. Indonesia migrant workers’ poor quality in terms of human resources and limited understanding of regulations are part of why these problems exist. This paper purposes to analyze the developments of Indonesian migrant workers during the last few years, the contribution of Indonesian migrant workers to Indonesia’s economy, existing problems and root causes, and existing government policies in Indonesia and in countries of destination, and to suggest alternative policies.
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The Government's Efforts to Strengthen Migrant Protection
Usec. Rosalinda Dimapilis-Baldoz, Philippines
This paper discusses the Philippine experience in terms of managing the migration process and the protection of Filipino migrant workers (Overseas Filipino Workers or OFWs). It discuss the various policy initiatives and measures undertaken by the Philippine government in achieving this end and these include processes and policies on regulation, protection, reintegration, and support for family of migrant workers. The discussion does not only involved policies on the protection of migrants from the sending country's end, but also from the end of the receiving countries through mechanisms such as bilateral agreements.
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II. Managing the Migration Process: Host Country Experiences
Labor Migration to the United States: Challenges and Opportunities
Dr. Susan Martin, United States of America
Much of US legal admissions policy was formulated in the 1960s, with some changes in the 1990s to reflect new realities. Foreign workers are admitted through two, inter-connected admissions categories: permanent immigration and temporary work programs. The current system has strengths in serving as a conduit for employment based admissions, but its weaknesses reduce its ability to meet labor market needs or to protect adequately either domestic or foreign workers. Its principal strength is to bring to the country talented immigrants who have high levels of employment. Among the problems is the inflexibility of the ceilings applied to various admission categories, processing and administrative complexity and delays, inadequate mechanisms to measure labor-market demand, inadequate protection for temporary workers, failure to recognize the transitional, rather than temporary, nature of many nonimmigrant visa categories, and the very complexity of the current employment-based system. This paper outlines the major permanent and temporary admissions categories, discusses the weaknesses discussed above, and concludes with principles for improving the employment based immigration system.
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Promoting Industrialization and Urbanization: The Rural Labor Migration in China
Director Yuetian Li, PR China
Economics and international experiences demonstrate that large-scale rural labor migration occurs in the fast industrialization and economic growth period, that is the development period when GDP per capita amounts to US$ 1000. China has a population of 1.3 billion of which 43.9% live in the urban area. China has entered into the midterm industrialization with fast speed of urbanization. Abundant rural surplus labors need to migrate to the urban or work in township enterprises, which reach to 200 million people.
The rural labor migration in China is a significant and profound strategy problem. The Chinese government put people first and base on the fundamental realities of the country, emphasizing on treating everyone equally, improving services to the migrant rural workers, comprehensive planning and guidance, and proceeding in the light of local conditions of migration host and sending area. The government made a series of effective policies and measures in employment training, public services, wage payment, labor administration, social security, residence registration (Hukou) management, migration guidance, and rights and interests protection of migrant rural workers, changing the dual structure of the urban and rural and promoting industrialization and urbanization of China.
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III. Managing the Socio-Economic and Political Impacts of Migration: Sending Country Experience
Effects of Labor Migration on the Health of Children Left Behind
Dr. Numeriano Escalante, Jr., Dr. Francis Thaise Cimene,
Dr. Francis Anthony Marfori and Prof. Noreen Pontillas, Philippines
“Diesel, LPG prices up again” said the headline in one of the major broad dailies (Inquirer Vol.23 No.218, 2008:1). While the price increase may not be felt much in the rural areas, in urban setting this economic change is easily felt adding up to the push of out-labor migration phenomena in the country. Other push factors may be triggered by changes in social or political situations. Country studies show that the difficulty in supplying the household needs prompted its members to look out for “greener pastures” in other countries. The idea of readily available work, amenities and bigger income offered in other countries pull groups of urban (and even rural) people to migrate. Mangahas said in his earlier studies on the potential OFW destination countries show that “…nearly all conditions, overseas to be better, on the average, than Philippine conditions, though with variations from country to country” (Inquirer Vol.23 No.218, 2008:A11). Although the OFWs felt better in their destination countries, their absence and type of remittances in the home country have may have effects on the conditions of the children they left behind such as the health status of these children. Thus, this study determines the impact of out-labor migration on children left behind in terms of health in Cagayan de Oro City.
To answer the objective presented above, this study conducted a Rapid Appraisal focusing on household with out-labor migrant member/s as unit of analysis. A structured survey instrument was used to appraise the household and health condition of children using proxy respondents. Archival research on some socio-demographic characteristics presented by NSO and other studies were also sought by this study.
Findings show that there are two general types of out-labor migrants. The first type sends back their remittances to their families and children left behind. This type is composed of two subgroups, i.e., those who remit only material goods and the other are those who remit money to those who were left behind. The second type does not remit either material or financial gains. Although the second type contradicts the purpose of working abroad, studies show that the reason why many out-labor migrants cannot send remittances were because of their unexpected working situations in their countries of destination.
The study further shows that the nature of remittances of out-labor migrant workers have great effect on the antenatal and postnatal cares of infants and children left behind. In many cases, households of out-labor migrant workers spend more money for food and other material goods compared to remittances spent for their children or for their children’s health. This accrues to the varying health situations of children who were left behind leading to certain level of mortality rates of children under five among the households with out-labor migrants.
The health situations of children below five of out-labor migrants need a policy that will amend the existing remittance policy of the government for OFWs. This amended policy should be enforced by public hospitals and other accredited medical institutions.
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Home Sweet Home, But...; Merits and Demerits of Migration: A Case of the I. R. Of Iran
Prof. Ahmadreza Ashrafologhalaei, I.R. of Iran
Migration of labor forces abroad to live in better socio-economic and cultural situations has a great deal of implications for growth and welfare in both sending and host countries. Yet, it has remained almost untouched due to data insufficiency and political sensitiveness. The issue of migration of capitals and workforces is a world phenomenon since ages ago. Some 192 million people migrate globally; once it is properly managed, it might lead to an economic integration as well as an approach of nations and cultures. The migrant labor force can leave remarkable effects on transaction of goods, services and transfer of technology; they are also considered a significant source for hard currency. In the mean time, when the surplus workforces in origin countries emigrate, it will reduce the concerned unemployment pressure. On the other hand, the migrant workers can be a solution to the "aging" problem in many developed countries.
This paper aims at discussing migration; once termed "brain drain" or "brain hunt" and now might be seen as "brain circulation." Firstly, there is a glance at the concept and the history of migration in Iran, and then its reasons, ways to stop it and the strategies and policies adopted in Iran to keep and attract the brains are discussed.
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III. Managing the Socio-Economic and Political Impacts of Migration: Host Country Experience
Migration and Intermarriage: Consequences of Iranian Women's Marriage with Foreign Nationals
Prof. Ahmadreza Ashrafologhalaei, I.R. of Iran
Iranian women's marriage with non-Iranian nationals, particularly Afghanis is one of the most significant issues concerning women posed over the past recent years. Nationality law operates on the basis of jus sanguinis (Latin for "right of blood') or jus soli (Latin for "right of soil") . Under Article 976 of Iran's Civil Law, both rights are applicable, but the main right is the former. Based on the Iranian Nationality Law, it is solely the father who can pass the nationality to the child, i.e. if the father is Iranian, his child is an Iranian national, and if the father is a foreigner, the child is a foreign (non-Iranian) national.
In Iran, women residing especially in Eastern provinces got married and do so with the Afghan males while those living particularly in Western provinces with Iraqis. As a result, the children have either Afghani or Iraqi nationals, whereas, they might live in Iran for a life. Hence, many problems are caused such as lacking I.D. Cards, deprivation from education, and from inheritance as well as identity problems for the kids having Iranian mother and foreign father.
This paper discusses various viewpoints concerning female nationality, legal situation of Afghani and Iraqi nationals' children, illegal marriages, deport of the migrants and the concerned problems, and the like.
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Japan's Experiences with Japanese Brazilians
Prof. Akio Kamiko, Japan
In recent period, Japan has not seen a major population influx from abroad since the policy of the government maintained a fairly ‘closed market’ stance towards a foreign labor force. However, with the indigenous Japanese population ageing very rapidly, as a result of lengthened life expectancy and the very low birth rate, the question of whether Japan should take in more people from outside to supplement its dwindling labor force is now being discussed.
Proponents of this change in government policy argue primarily from a macro-economic viewpoint seeing benefits, but there can also be a great deal of friction in local communities, which should be viewed as a ‘cost’.
For the purpose of estimating such costs, Japan can draw on just one firsthand experience. That is its experience with Japanese Brazilians.
In 1990, with Japan’s economy booming, and companies crying for more laborers, the government relaxed its restriction on the admission of foreign workers and it was made much easier for the descendents of Japanese who (prior to WWII) had emigrated to Latin American countries (mainly Brazil), to come to Japan and work. As a result, approximately 312,000 Brazilians now reside in Japan, forming the third biggest non-native group, as of the end of March, 2007.
Many of these non-Japanese work in factories, and they tend to be concentrated in several geographic areas. Japan being a country not very much accustomed to interacting directly with people from outside, this existence of foreign people has put some stress on the local communities in which they live.
Firstly, many Japanese social systems, such as public health insurance and national pension do not presuppose the existence of such people. Local governments which accommodate many of them sometimes find themselves with unexpected financial burdens.
Also education is a big problem. Schools are hard put to cope with the needs of children who do not speak Japanese.
However, the biggest problem seems the lack of communication measures. Japanese is a unique language spoken only in Japan. And there are not many among Japanese, who are conversant in Portuguese. And because those who were admitted are descendents and relatives of Japanese emigrants who do not speak Japanese, they tend to create isolated communities, shut off from the surrounding Japanese. It is observed that this leads to numerous tensions between new-comers and the local communities receiving them.
It would be wrong to say that Japan should not admit foreign labor due to the frictions that doing so may entail, but the country must quickly learn from these forerunning problems in order to prepare itself for the future – which almost inevitably will bring this situation into the forefront of the debate on social/labor stability.
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PANEL ON PEACE AND ORDER
Chaired by Undersecretary Melchor Rosales
I. From Rebellion to Compliance: Managing the Insurgency Problem
Citizens' Narrative on Peace Governance in the Philippines
Dr. Edna Estifania Co and Prof. Dan Saguil, Philippines
Armed conflict in the Philippines is anchored on the Philippine government’s campaign against insurgency and a crusade on anti-terrorist acts by some armed groups. The paper argues that such militarist tactic is bound to fail because war cuts even deeper wounds among those affected by conflict. Civilians are drawn into conflict as they stand in harm’s way, traumatized by war and death, driven away from homes and fields and devastated by a loss of self esteem.
The paper highlights another route to peace through citizenship where citizens assume a central role in peace governance. Through their own means albeit narrow and limited, civilians and non-governmental groups help themselves to gradually rebuild the individual and the community, restore normal lives, and build peace through efforts and activities that promote tolerance of differences. Citizens begin to manage peace through activities that overcome cultural biases and that build a network of self-help groups to sustain their development.
Without the use of arms and costly weaponry, peace is promoted and respect for each other is forged. The paper envisages an approach that is beyond military might; instead a peace governance where citizens rather than high level authorities and armed leaders are key players and governors of peace. Citizenship which defines the responsibility of ordinary citizens, reasserts an approach to peace governance and eclipses military tactic.
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Indigenization Approach to Development: The Experience of the Pudon (or Bodong) Institution in the Promotion of a Culture of Peace
Dr. Maximo Garming, Philippines
Indigenization of Public Administration for Development has been recognized as one of the analytical approaches in our continued and sustained efforts to relevantize the discipline (CPA Research Team, PJPA April 1984) in the context of a changing national and international environment. The doctrine of indigenization calls for relentless search for meaning-giving cultural endowments of our historical past (Garming, PJPA July 1987). In the field of public administration, the culture factor has been observed as more helpful in assessing administrative environment in South Korea and Turkey (Raul P. de Guzman, EROPA, 1984). In the continuous search for formulas to energize the public administration system to move towards achieving national and local development goals. The culture perspective can provide a new direction and a new look at giving meaning to the theory and practice of public administration (Varela, 1996). It can be said that the effective management of culture is indeed important in affecting the desired development outcomes (Mangahas, 2008).
Within this context, indigenization of Philippine Public Administration is like asking the timeless question of 20 years ago: Is there a public administration in the Philippines? Strategies that would lead to answers of the above question were defined in terms of redefining and relocating the role of public administration, and revisiting the historical past of public administration as a commitment to harness the relevant role of culture (NCPAG 2008).
Given the present growing trend and increasing interest on the subject matter, it becomes imperative to bring public administration down to the rural areas and local communities where the role of the discipline can be played more responsively in the concern for poverty alleviation.
This paper will focus discussing the relevant role and contributions of the indigenous governance system (peace pact institution or budong) of the Kalingas in the management of culture vis-à-vis development in the sub-areas of insurgency, crime prevention, conflict resolution, environment, and structural and macro-economic policies.
In fact the Philippine National Government, through the then President Corazon C. Aquino, has long recognized the significant role of the budong in the peace process when it entered into a budong covenant with the Cordillera Peoples Liberation Army (CPLA) in 1986. The peace covenant is now bearing fruits with the on-going integration of the CPLA members in the Philippine Army. In my interview with some of the integrees, they shared being proud in their present position. They feel very satisfied for assuming the role, among others, as peace negotiators between the national government and their respective communities in bringing government development projects that would help alleviate their poverty situation.
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II. Drug Abuse Prevention and Management
Singapore's War on Drugs: Drawing Lessons from Success
Dr. Jon S. T. Quah, Singapore
Unlike the United States, which has failed in its war against drugs, Singapore has succeeded in curbing the problem of drug abuse. This paper has two aims: to identify the factors responsible for Singapore’s success in drug control and the lessons which other countries can learn from Singapore’s experience.
Opium was the major drug of abuse among the Chinese immigrants in Singapore from 1819 to 1945. The British colonial government tolerated opium smoking and ignored its adverse effects on the local Chinese population because of the huge amount of revenue obtained from the opium farms. The banning of opium smoking on February 1, 1946 led to opium smuggling and the emergence of morphine as a cheaper substitute in the 1950s. Unlike the British colonial government, the People’s Action Party (PAP) government tackled the growing drug menace after independence by establishing the Central Narcotics Bureau (CNB) in November 1971 as a special agency dedicated to curbing drug addiction in Singapore.
The Misuse of Drugs Act, 1973, was enacted to increase the penalties for drug offences. It was amended in November 1975 to introduce the death penalty for unauthorized manufacture of drugs and drug trafficking. Apart from strengthening anti-drug legislation, the PAP government adopted a two-pronged strategy of reducing the supply and demand for drugs. The CNB reduces the supply of drugs by preventing drugs from entering Singapore and by arresting 5,911 drug traffickers from 1977-1993. Operation Ferret was conducted in April 1977 to reduce the demand for drugs by arresting and detaining 6,719 drug addicts in drug rehabilitation centres (DRCs).
To reinforce the demand reduction strategy, the drug addicts are treated and rehabilitated in the DRCs from August 1976 for six months with the first week of detoxification without medication. The treatment programme was extended to a maximum period of three years in the DRC for those drug addicts with multiple relapses. In April 1976, the Singapore Corporation of Rehabilitative Enterprises (SCORE) was formed to improve the employment prospects for offenders and to reduce their relapse rate by reintegrating them to the workforce. A Day Release Scheme was introduced in January 1980 to reduce the high relapse rate of first and second time drug offenders by allowing them to work during the day in factories and return to the Day Release Camps in the evenings after work.
As the demand for drugs can also be reduced by educating the population on the dangers of drug abuse, the important task of preventive drug education (PDE) was shared among the CNB, the Singapore Anti-Narcotics Association (SANA), the Ministry of Education (MOE), and the Singapore Armed Forces (SAF). However, the 1993 Review Committee criticized the lack of direction and coordination of these four agencies and recommended that the CNB should be the lead agency for PDE with the assistance of other relevant agencies. The Committee also recommended that more resources be allocated by the government to the CNB to enhance its enforcement efforts against drug traffickers and addicts. To reduce the more than 70% relapse rate of drug addicts, the Committee recommended that the Prisons Department should continue to be the lead agency for the treatment and rehabilitation of drug addicts and should focus on the new addicts to prevent them from being hardcore addicts. However, long term detention was recommended for the hardcore addicts with the addition of penal features to toughen the DRC mass treatment regime. Finally, the Committee recommended that SCORE should be the lead agency in the aftercare and continued rehabilitation of ex-drug addicts.
In sum, since 1994 Singapore has adopted an integrated drug control strategy which is implemented by the CNB (responsible for PDE and enforcement), the Prisons Department (responsible for the treatment and rehabilitation of drug addicts), and SCORE (responsible for the aftercare and rehabilitation of ex-drug addicts). This strategy has been effective as manifested in the 64% decrease in the number of drug addicts arrested from 6,165 in 1994 to 2,211 in 2007.
Other countries interested in Singapore’s experience in curbing drug abuse can learn these seven lessons: (1) political will is important as the incumbent government must show its commitment to combating drug abuse by enacting relevant legislation and allocating sufficient personnel and resources to the key agencies involved; (2) a comprehensive and integrated strategy of reducing the supply and demand for drugs is required to curb drug abuse effectively; (3) PDE is important as individuals must be prevented from being addicted to drugs by educating the population on the adverse effects of drug abuse; (4) the anti-drug laws must be enforced impartially and those found guilty of drug trafficking should be punished regardless of their status or position; (5) community support is needed for the PDE programmes to be effective as parents must reinforce the efforts of the schools and SANA in making school children aware of the dangers of drug abuse; (6) Singapore’s favourable policy context has enabled its government to curb the problem of drug abuse effectively; and (7) continued vigilance and sustained effort are required to curb drug abuse effectively.
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Philippine Anti-Drug Measures: Innovating and Sustaining an Advocacy
Assistant Secretary Ma. Belen Matibag, Philippines
As an indiscriminate societal menace, the problem on drug dependency calls for urgent and sustainable programs that address its entirety. For the Philippine government, finding the appropriate solution for drugs mean empowering its beneficiaries and enjoining all of its sectors into participation.
As the agency designated to formulate strategies and make policies on all matters relevant to drug abuse prevention and control, the Dangerous Drugs Board has opted to translate its vision into an advocacy. Making a campaign important for the beneficiaries has led the Board into formulating programs that are contextualized, hence helping maintain the advocacy’s relevance.
This paper discusses the projects and programs that have been planned and executed by the DDB. Likewise, a discussion on the government’s efforts to counter drug dependency is allotted a section. The analysis duly employs the Asian Development Banks “elements of governance”. The paper also includes a situationer of drug dependency in the Philippines, the Comprehensive Dangerous Drugs Act of 2002, RA 9165 as the legislative and judicial effort undertaken by the government, and the Board’s Five Pillars of Action in response to drugs.
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III. Achieving Effective Crime Prevention
Implementing Home Police Volunteers Strategy in Thailand
Dr. Kasemsarn Chotchakornpant, Thailand
Since 1974, the Royal Thai Police has begun to realize that the police could not distance themselves from the public and recognized the importance of public cooperation in order to improve crime prevention efficiency and effectiveness. Since then, various policies and programs have been implemented to promote police – community relations. The “Home Police Volunteer” program has been officially founded in 1990 by the Bangkok Metropolitan Police Bureau and could be considered as one of the most widespread programs among police across the country. The program expected that the volunteers would be a great help to the police. They would assist the police in their efforts to protect, serve and help monitor the safety of their own communities as well as carry out some tasks to be assigned by the police. Even though the program objectives were nationwide similar, the procedures to carry out the program such as program names, volunteer roles, training focuses, uniform designs and procedures differed from station to station. Consequently, in order to standardize the programs, the Royal Thai Police set up the regulation for Home Police Volunteers in 2008. The regulation detailed implementation stages of the program from recruitment and selection procedure, training process, roles definition, responsibility to evaluation. The purposes of this paper are to describe and provide the detail in each stage of implementing the Home Police Volunteers program following the 2008 Royal Thai Police regulation. In addition, the paper will explore the public reaction to the program and discuss strength and weakness of the program by comparing and contrasting with the community policing and problem-oriented policing strategies.
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Local Government and the Protection of Children in Conflict with the Law
Prof. Wilhelmina Cabo, Philippines
Under the Convention on the Rights of Child, state governments have the primary responsibility for ensuring that a child alleged as, accused of, or recognized as having infringed the penal law shall be treated in a manner consistent with the promotion of the child’s sense of dignity and worth, which reinforces the child’s respect for the human rights and fundamental freedom of others and which takes into account the child’s age and the desirability of promoting the child’s reintegration and the child’s assuming a constructive role in society. In the Philippines, the responsibility for the protection of children in conflict with the law (CICL) particularly in terms of establishment of laws, procedures, authorities and institutions that secure the rights and welfare of CICL rests heavily on the central government. In the context of decentralized governance, local governments as duty bearer also play a definitive role in fulfilling this state responsibility towards the CICL. This paper looks into how a city government has risen to the challenge of protecting the CICL through a program that it owns, implements and manages. It analyzes the various components of the intervention and based on the analysis, outlines critical factors that could prove significant to local government efforts of securing the rights and welfare of the CICL.
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The Men of Task Force Davao
Prof. Aristeo Salapa, Philippines
The formidable atrocities all over the world lead organizations in their respective territorial jurisdictions to secure, protect and innovate ways to reduce panic among constituents.
The City of Davao, largest city in Asia in terms of geographical area was not spared. In 2003, two bombing incidents hit the city causing much lives and giving threat of the social well-being not just for its residents but as well as neighboring towns. This leads to the creation of a Task Force Davao (TFD) Unit whose prime task is to secure the City against terrorist attacks and assist PNP and LGUs on law enforcement and crime prevention.
Since its inception then, it is worthy to lay on papers what has been the leadership-management, performance and operational capability of this organization and has it achieve its foremost thrust.
With organizing, training, equipping, structure and administration for leadership management, it was found out to be effective. A manifestation that the structure, process and employed policies of the organization fit among members. They sustain a morale agreed and supported by them.
Performance as to conduct, peace and order, tactical employment, community structure and civic actions was also effective as viewed by all respondents of the study particularly among business sector representatives and barangays officials. They opined that evident actions are felt by community as to security and order whenever TFD is present. It can also be noted that since 2003, the City of Davao has never been attacked since then. Thereby, inviting more investors to the City. Coupled with it is the ever increasing number of local and foreign tourists. A constant pressure to sustain in as much as neighboring areas are constantly on threat and have even experienced bombings in the past months.
Operational capability as to defeat, deterrence, dissuasion and assurance was high. Terrorist personalities were detected. No related terrorism cases were evident after 2003. Close anticipation of assumed attacks were captured via strong intelligence network. The community was supportive of their actions.
Furthermore, education is an important factor among members of TFD so as to constantly be at par with operations and be more responsive to the ever changing demands of time. Sectors of society also differ as to the importance of TFD.
Improving the capability of TFD on community organizing, networking and educational programs would result to a more improved design, structure and policies so as more to effectively carry out securing the lives of people within their midst.
The need to sustain and intensify the principles of the Integrated Terrorism Defense System coupled with a more comprehensive plan of action is beneficial to the different sectors of the City of Davao.
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IV. Managing Political Destabilization
Managing the Islamist Extremist Threat
Usec. Datu Zamzamin Ampatuan, Philippines
The recent events in Mindanao have proved the resiliency of this problem the Philippines is confronting, namely Islamist Extremism which has intertwined with the secessionist campaign of Moro rebels. The Moro Islamists, identified with the Moro Islamic Liberation Front (MLIF) has waged attacks on civilian communities in Mindanao, focused on four provinces, as the government is poised to sign a comprehensive peace agreement with this group. The Memorandum of Agreement on Ancestral Domain was not signed as scheduled on September 5, 2008 when the Supreme Court issued a restraining order. The MILF attacks intensified after the signing failed and the government waged a punitive armed campaign running after the key leaders of MILF responsible for the attacks on civilian populace. There is no point in time more than what we have now which calls intensely for tackling the problem of Islamist Extremism.
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Towards Community-Managed Peace and Development Initiatives
Prof. Ruben Gamala, Prof. Mari-Lo Lambatin and Prof. Ma. Belinda Torre
Is peace a precondition to development or the other way around? If peace is the precursor, how? Who will lead? If it is development, then how and by whom? For the residents of the 3 barangays in Leon, Iloilo who had a history or communist insurgency for a relatively long period of time, it is no longer a questions of who and when, and how? As the ones living with the history of insurgency and its consequences, waiting for outside help means waiting for long. They took the initiative among themselves to work out for realistic solutions and when they could not carry out the task, decided to look for partners who walk with them in their journey to peace or development or both.
This struggle by the community was realized by a partnership with a local volunteer group called Grupo Paghidaet, composed of church, community leaders, academe, government agencies, and private individuals who believed in the earnest efforts at searching for a meaningful and lasting peace especially in a community involved in hostilities between government military and the CPP-NPA and later the RPA-RPMP-ABB factions. This partnership with Grupo Paghidaet paved the way for more enabling and supportive efforts on the community’s initiatives for peace and development.
In 2006, with the assistance of Grupo Paghidaet, the project Towards Community Managed Peace and Development Initiatives was submitted to UNDP under a newly opened window on Conflict Prevention and Peace Building Programme (CPPB). The Project was implemented through Office of the Presidential Adviser on the Peace Process (OPPAP) and the UPV Foundation Inc.UPVFI) in collaboration with Grupo Paghidaet. The first phase of the project focused on building institutions, the second phase on strengthening these institutions for peace and on the third phase on strengthening communities of peace. The first year’s highlight was the creation of the Barangay Peace and Development Council (BPDC) in each of the three project barangays through a Barangay Executive Order. Headed by a Chairman, the BPDC is composed of sectoral groups coming from: youth, women, farmers, ex-combatants, religious, retirees, etc. Several capability building trainings intended to equip and empower the BPDC members were successfully conducted on the first year.
The second phase of project implementation was looked forward to by the community residents brought about by the positive experience during the first year. The second phase focused on the strengthening of the institution for peace, that is, the BPDC coupled with the implementation of the Binhi sa Buas-damlag, a gender sensitive household-based livelihood support project and more capability building trainings.
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INTEGRATION REPORTS
Integration of Learnings from the Environment Panel Sessions
Dr. Ebinezer Florano, Chair
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Integration of Learnings from the Migration Panel Sessions
Dr. Carmelita Dimzon, Chair
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Integration of Learnings from the Peace and Order Panel Sessions
Usec. Melchor Rosales
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PROGRAM
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______________________________
For further information and other inquiries, please contact:
The Secretariat
Eastern Regional Organization for Public Administration (EROPA)
National College of Public Administration and Governance
University of the Philippines
Diliman, Quezon City
Telefax No: (632) 929-7789
E-mail: eropa@eropa.org.ph ; eropa.secretariat@gmail.com
Website: www.eropa.org.ph
Contact Persons: Ms. Ramona Ejercito / Ma. Estrella M. Ocampo / Mr. Prejean Prieto |
