Category: News

It rained lies inside congress during BBM’s SONA

BAYAN reaction to Sona 2024

It may be raining hard in the streets but it was raining lies inside the Batasang Pambansa during the State of the Nation Address of Ferdinand “Bongbong” Marcos Jr.

After two years in power, he keeps on saying the lives of ordinary Filipinos have improved. He failed to mention his epic failure to bring down the prices of basic goods, particularly rice; and the refusal of his government to support a substantial wage hike for workers.

He mentions extending support to our people through crop insurance, medical assistance, and technology-driven education reforms which are at best palliative compared to what we have been demanding: genuine land reform and production subsidy for farmers, bona fide universal health care, and higher state subsidy for the education sector. He also would take away Philhealth funds for his administration’s pork barrel expenditures.

He claimed to be a “proactive advocate for heightened climate responsibility and justice” but contradicted himself by mentioning the Jalaur River Multipurpose Project, a large-scale construction that threatens to destroy the environment and displace Tumandok Indigenous Peoples.

He cited the “KALINISAN sa Bagong Pilipinas” and the “Bigyang Buhay Muli ang Ilog Pasig” yet his government has approved destructive projects like PAREX, reclamation, and mining. He also didn’t speak about the dirty impact of foreign military basing and frequent military exercises on our shores and inside our territories.

He was silent about several controversial initiatives like the Maharlika Investment Fund, expansion of the Enhanced Defense Cooperation Agreement with the United States, intensified military exercises with foreign troops, the signing of the Reciprocal Access Agreement with Japan – all of which are costly programs that allow foreigners to undermine our sovereignty and exploit our resources.

He has the temerity to brag about the “bloodless war on dangerous drugs” even if a considerable number of drug-related killings have been documented over the past two years. He said that the 8 E’s of his government’s anti-drug campaign does not include “Extermination”. On the contrary, cases of Extrajudicial killings and Enforced Disappearances have continued to persist under his presidency.

His “peace program” has resulted in numerous violations of human rights and international humanitarian law. Red-tagging remains the de facto response of state forces to dissent and activism; trumped-up cases are filed against critics and human rights defenders; and militarization in rural communities involve the use of aerial bombs.

Marcos Jr. once again was ominously silent about peace talks with the National Democratic Front of the Philippines. He is clearly one with the militarist mindset that denies legitimate and deeply rooted reasons for armed conflict; considers the violations of human rights and IHL as acceptable “collateral damage” in its counterinsurgency program; and the bloated and graft-ridden NTF-ELCAC “baranggay development funds” as the answer to socioeconomic injustice. History has proven such all-out war policy is doomed to fail.

He bragged about new jobs created under his watch, but have hardly made a dent on chronic unemployment and underemployment. Not to mention are these decent, stable, and high quality jobs? He enumerated several infrastructure projects but are they accessible to the poor and the PWD? Have they made a difference to the harried commuter making do with a broken transportation system? Or are they similar to the PWD footbridge ramp of the MMDA that looks more like a slide in an amusement park? He talked about “railway renaissance” even if most of the projects are focused in Metro Manila and what’s more the prospect that these are tainted with corruption with only favored cronies benefitting from these investments.

He identified smugglers, hoarders, companies who overcharged consumers, and POGO operators yet he didn’t mention the actions taken by the government against these unscrupulous groups and their powerful benefactors in government. Despite the applause of his select audience at the Batasan, there is the question whether only certain POGOs will be shut down while those given a new name — internet gaming licensees — will continue.

Lastly, the hardline stance of the Marcos Jr government and its intolerance to dissent is proven once more in the announcement of the police to file charges against SONA protesters. We condemn the continued use of Martial Law tactics and ML laws like BP 880 in undermining the people’s freedom of expression and assembly. We will continue to defy unjust restrictions as we call on authorities to stop weaponizing the laws and judicial process to stifle legitimate criticism and dissent.

Marcos Jr’s SONA once again confirms our assertion that his regime is insincere and resorting to lies about bringing real change in Philippine society. He is obsessed with rebranding, self-assured in his empty rhetoric and treasonously embracing the agenda of foreign powers like the US. It is up to our people to continue the struggle for real freedom, justice, and democracy in our country.

#SONA2024 #PEOPLESSONA2024 #PEOPLESSONA See less

23 July 2024
JUST IN: Three political prisoners were released from detention today in Camp Bagong Diwa after a court in Taguig City acquits the charges against them last January 26.

In November 2015, transport leader Jose Nayve along with Armando Matres and George Bruce were arrested by state forces in the town of General Trias in Cavite.

Details to follow

31 January 2023
Migrante Europe stages a protest to junk the Terror Bill

Migrante Europe staged an online protest last June 6 to join the growing call to junk the draconian, undemocratic and repressive Terror Bill (called Anti-Terrorism Act 2020), broadcasted live at https://www.facebook.com/ENJPPHilippines/videos/393893558159296.

The Bill was railroaded in both the Senate and the Congress and it has been transmitted to the Office of the President for signing. This bill when enacted into law will allow the government to arrest without warrant, and harass any group and individual labeled as terrorist.

Representatives from different member organizations of Migrante Europe delivered their statements during the protest. The speakers were Jun Saturay from Migrante Den Haag, Helen Rios from Gabriela UK, Edna from Anakbayan Europe, and Father Aris Miranda from Promotion of Church Peoples Respone – Europe (PCPR-EU).

https://www.facebook.com/ENJPPHilippines/videos/393893558159296

According to Jun Saturay, they in Migrante Den Haag stubbornly condemn and oppose the Terror Bill. For them, this Bill threatens the attack on the basic rights of every Filipino, not only among Filipinos in the Philippines but also those abroad. He furthers that this is against the right to free press, to organize and join democratic organizations, and the right to a safety and peaceful life. He is disappointed that instead of the government addressing the problems related to the Pandemic caused by COVID-19, and its effect to the health and livelihoods of millions of Filipinos, the regime is preparing the way to fascist dictatorship. He added that this move originated from that of Marcos dictatorship which was expelled by the Filipino people in 1986. Saturay likened it to the appearance of the virus, a sign of the return of the rule of darkness, the clans of the ruling class who want to go back and stay in power. He warned however that the ruling class must remember and learn from the history, that the rights of the people who resist, will never be bounded by what they call Anti-Terror Law. He remembered that in Marcos’ time, they fought and won over the dictatorship.

Speaking from Gabriela London, Helen Rios echoed the condemnation against all forms of fascism. She reiterated Saturay’s claim that this attempt of Duterte to resurrect the fascist Marcos dictatorship will be defeated by the peoples’ collective actions, just as what happened to Marcos. She slammed Duterte’s protection of his imperialist masters and feudal landlords and his bid to become a double puppet to China and the US. She warned that this Bill will only further and perpetuate the already alarming culture of impunity in the country, citing the arrest and detention of the Piston 6 and the UP Cebu 8, and the recent murder of activist leaders Carlito Badion, Jerry Porquia and others, as well as the massive extrajudicial killings and repression of any form of dissent.

Edna from the youth sector, Anakbayan Europe exposed the utter neglect of the Duterte regime to the more pressing problems in the Philippines such as the lack of Mass Testing related to COVID-19, the struggle of Filipinos to put food on their tables, and the long wait of the OFWs for their test results so they can finally go home. She lambasted the broad and vague definition of terrorism provided in the bill, as this can be easily used to target anyone who disagrees or criticize the government. She elaborated that this will label legitimate political actions, organizations and activists as terrorists despite their rightful concerns. She also stated that even before the passage of this bill, individuals are already being harassed such as Maria Victoria Beltran, an artist from Cebu who was arrested by simply posting satire and OFW in Taiwan Elanel Ordidor who was threatened by the Philippine government deportation. Edna also related the killings of the basic masses, the urban poor and the farmers in the Philippines with the killings of black people in the US. “It is systemic, inherently imperialist. We’ve seen that like Duterte, Trump is handling the pandemic poorly. The rage of the people is not just from killings, but also the failure of handling the pandemic, lack of jobs and the funding of wars and its neocolonies like the Philippines.” she added. She ended her speech with the calls: “Stop Police Brutality, End State Fascism , Black and Brown Lives Matter, Oust Duterte!”

As a synthesis, Father Aris reiterated the deliberate ignorance of the government to the abject poverty and legitimate grievances of the people exacerbated by the Pandemic. Instead the government get itself busy with railroading draconian laws that do not serve and protect the people at all instead will kill democracy and people who air dissenting voices. Miranda drew the attention to the already growing number of activists and frontline workers murdered during the lockdown while actually attending to the needs of people, and the numerous arrests, harassments and extensive red tagging. He urged everyone to continue the fight for our legitimate human rights and democracy, as well as for our welfare and decent life, just as how the history have taught us to fight and win. He raised the call to the international level as he called for the fights against the de facto martial Law, not only in the Philippines but all over the world.

As a culminating part of the Program, Marlon Lacsama the secretary general of Migrante Europe rendered a song Lupang Sinira, a radical song that inspires people to dismantle the repressive anti-people system ruled by the violent ruling elite, to change it and build a democratic, peaceful and people-serving system.

The protest ended how it started, a deafening noise barrage, a symbolic act of making noise to oppose and junk the bill that threatens every Filipino’s right to freedom of expression enshrined in the Philippine Constitution with the chants “Duterte Patalsikin!” and “Ang Tao ang Bayan, ngayon ay Lumalaban”!

11 June 2020
The April 28 Coalition focuses on Refugees and their situations on its 3rd online Forum-Protest

The April 28 Coalition [for Migrants’ and Refugees’ Rights and Welfare]* staged its 3^rd Online Forum – Protest focusing on Refugees and Refugees Situation on June 6. This protest is a continuation of the series of actions as the Coalitions continue to call for the granting of full citizenship rights for all migrants, refugees and displaced peoples among other things.

https://www.facebook.com/April28Coalition/videos/275921816929608

The program included series of speeches from an invited speaker and two reactors, interspersed with chanting of the Coalition’s calls and cultural presentations. Majed Abusalama, a member of the Palestine Speaks Coalition-Berlin was the Speaker. Being born in a refugee camp in Gaza open air prison, he later become and still is, a staunch human rights defender and an award winning journalist. As a refugee himself, he narrated his long and continuing journey of being with grassroots organisations of mainly POCs and Palestinians in advancing the fight for basic human rights, and their enduring call for a free Palestine. He reiterated the need for a radical change, to push the boundaries and mobilise for more grassroots movements to attain our basic rights.

Abusalama’s inspiring at the same time challenging speech was followed by a heartfelt poetry reading by Nora Rajab, also a member of the Palestine Speaks Coalition Berlin. The poems she read were written by Mahmoud Darwish, a famous Palestinian poet and intellectual. They captured the persistent longing of many displaced Palestinians to return to their homeland and lead a simple normal life, as well as their spirit and determination to fight for it.

Phil Butland from Die Linke Berlin Internationals, in his reaction, agreed that many Refugees in Germany are from Palestine. In fact, he says many are already displaced more than once. According to him, there have been a rise of anti-racism demonstrations in Berlin. He was in a huge Black Lives Matter demonstration in Berlin as he delivered his statement, and noted that it is highly multi-racial and the biggest he had seen so far. He is hopeful that people will continue to see where the world is really going and the need to get together to change this course.

The second reactor is George Porgetto from Free African Movement. Porgetto drew a lot from his own long experience of a decade long struggle be it in the parliament or in the streets. He criticized that the very institutions that legislate policies and laws fail to heed the rights and welfare of migrants and refugees. He likewise emphasized the importance of uniting together in order to win the struggle.

As a synthesis, Yasmin Ahmed of Revolutionaire Einheit echoed that most people who migrate are forced to do so or displaced not on their will. She furthered elaborated the sorry state of Refugees in different European Countries and the need to work together to change these.

The Forum Protest ended with a reverberating chanting of the demands of the Coalition: Full Citizenship Rights for ALL Migrants and Refugees, GRANT NOW! Bail Out Migrants, Not Corporate Giants, and Long live International Solidarity!

*The April 28 Coalition [for Migrants’ and Refugees’ Rights and Welfare] is a broad Europe-wide formation composed of mainly grassroots organizations with a migration background, together with religious and non-governmental organizations, civil society formations, institutions, political parties, influencers, academics and concerned individuals.

It is united by the common objective to advance the rights and welfare of migrants (regular and irregular), immigrants, refugees, asylum seekers, and displaced peoples, and that all people have the right for equal protection in the continent. It was launched online on April 28 itself, and to date it has grown into 72 Organizations and 18 Individuals. The official Facebook page is : https://www.facebook.com/April28Coalition/

8 June 2020
Interconnected: Anti-Terror Law fueled by the U.S.-Duterte Fascist War on Filipinos

Filipinos are friendly by nature. We share our meal, our houses are open to visitors. We allow others to freely live in our lands.

Filipinos are not violent. Spilling is against our culture—much more so, against a fellow Filipino.

Filipinos are never greedy. We live within the day, within our means. We never hoard. We live with our land, by the labors of our hands, co-exist with nature.

This is us, this is our culture—we are Filipinos.

Colonizers, compradors, politicos and our fellow Filipinos—owned, sold, tricked, gambled and fooled us…

In the name of development—we are poor because we don’t do business, we don’t destroy our land, we don’t think profit; others said, we are lazy.

According to missionary records and sources: Filipinos are talented and intelligent.

Fast Forward >>>

The U.S. – Duterte fascist regime is selling us again, sending us to WAR among ourselves.

Sources from official U.S. military and embassy info releases, providing us accurate data related to military aid, loans, spending and planned purchases on military equipment, training and weaponry — in the name of ‘upgrading’ and counterterrorism.

The U.S. government strategically (for its own interests) is supporting the Philippine government desire to advance its military posturing—both at the expense of the U.S. citizens’ taxpayers money and the lives of Filipinos.

This graphic post presents actual figures spent, and approved for release. (see the info sources below)

The disconnect between the financial figures and our poverty rate is disheartening. At the height of the COVID crisis, the Duterte government is planning to purchase an almost $2 Billion dollar weaponry.

All the while, the U.S.-Duterte War on Drugs (and War on Farmers) plus the Marawi problem are all fueled by the U.S. – Duterte war machine.

The collateral damage of the brutal U.S.-Duterte Fascist Dictatorship has claimed: 32,000+ deaths of the deadly War on Drugs (War on Farmers); irreparable damages on the displaced lives due to the Marawi siege (369,195 individuals); and also those who are currently affected by the counter-insurgency attacks.

This Anti-Terror Law is part and parcel of the U.S.-Duterte fascist dictatorship, in their own words “The United States is a proud ally of the Philippines and will continue to provide whole-of-government support and assistance to Philippine counterterrorism efforts as we work together to address shared threats to the peace and security of both of our countries.”

The Anti-Terror Law spreads Duterte’s political power—domestic and foreign (posturing). Shielding him from criticisms and investigation/s.

The Anti-Terror Law matters most to the state forces (AFP/PNP), more money for violence-tainted power.

The Anti-Terror Law is important for lawmakers, more sources of support for protection, electioneering and corruption.

The Anti-Terror Law protects capitalists’ business interests.

This Anti-Terror Law won’t speak of Peace, the U.S.-Duterte is discouraging this; “un-wanting” to address the social issues behind all the problems in our society.

For lawmakers, our freedom is expedient in exchange for loyalty to the mighty Duterte…

Data Sources:

https://dsca.mil/major-arms-sales/philippines-apache-ah-64e-attack-helicopters-and-related-equipment-and-support

https://dsca.mil/major-arms-sales/philippines-ah-1z-attack-helicopters-and-related-equipment-and-support

https://oig.usaid.gov/sites/default/files/2020-05/OPEP_Q2_Mar2020.pdf

https://ph.usembassy.gov/united-states-to-boost-counterterrorism-support-for-philippine-law-enforcement/

https://ph.usembassy.gov/new-regional-counterterrorism-training-center-to-boost-us-philippine-and-regional-cooperation/?_ga=2.204488656.199029955.1591244994-620310314.1591244994

https://www.adb.org/sites/default/files/linked-documents/52313-001-sd-01.pdf

5 June 2020
THE ANTI-TERRORISM BILL ERODES HUMAN RIGHTS, INSTITUTIONALIZES IMPUNITY

Back in February, we in the National Union of Peoples’ Lawyers expressed our condemnation of the passage of Senate Bill No. 1083 or the Anti-Terrorism Bill in the upper chamber of Congress.

We warned that should its counterpart bill in the House of Representatives also pass, we may soon find ourselves faced with an immeasurably anti-democratic law, with even tighter restrictions to our constitutional rights and even narrower democratic space than we are seeing now.

We warned about how the proposed bill unduly expands the definition of “terrorism” – already-vague even under Republic Act 9372 or the current Human Security Act; how it gives the police and the military the power to arrest and detain suspects, without warrants, for up to 24 days; how it permits the conduct of surveillance for up to 90 days; how it intrudes into people’s privacy by permitting access to databases of personal information, bank records, and private communications, and the freezing of private assets; how it allows the courts to declare groups as terrorists even without notice or hearing, effectively doing away with due process; how it would enable the government to practically carry out mass arrests; and how it removes the very few safeguards written into R.A. 9372 – such as the monetary award of Php 500,000.00 per day of detention granted to those acquitted of terrorism charges, as well as the requirement that those who have been arrested without warrants be immediately brought before a judge.

Finally, we warned that the Anti-Terrorism Bill potentially criminalizes, as “inciting” to terrorism, legitimate exercises of free speech. This proposed law, we pointed out, would undermine our democracy and either threaten, restrain or discourage the people’s right to organize, criticize the government, protest and demand for a redress of their grievances.

A revisit of the provisions of the proposed legislation readily unmasks the broadening erosion of our basic human rights and the further denigration of our cherished civil liberties. Essentially leaving into the hands of law enforcement to determine what terrorist acts would actually include with its vague, overbroad and catch all enumeration of the crime’s elements, this makes the draconian proposal prone to abuse and misuse by the military and police, which agencies have – the records and experience would show – a long history of brutality, rights violations, and intolerance for any form of dissent.

The bill which contains imprecise and poorly worded provisions on the definition of “terrorist acts” and criminalizes threats to commit, planning to commit, conspiring or proposing to commit, inciting others to commit this rather vague concept of “terrorist acts,” give the security forces, from the top honchos to those on foot patrol, the license to commit rights violations with impunity. The police and the military are given much elbow room to subject to their own interpretations the concepts and adjectives found in these provisions. The bill further allows surveillance, wiretapping and recording of conversations of any person suspected of committing the loosely-defined concept of “terrorist acts.”

How terrorism is defined

Should this bill become a law, we should then expect “uninvited” guests peering into our private spaces. This clearly violates our right to privacy enshrined in our Bill of Rights. Additionally, this proposed legislation legalizes red-tagging of organizations on suspicion of engaging in abstrusely termed “terrorist acts.” Thus, it essentially renders nugatory our freedom of association.

What else could come worse than being detained and deprived of your precious liberty for more than a month on mere inkling of involvement and engagement in indefinable acts of terrorism, absent any shade of due process before the courts, and the victims cannot decry this out-and-out violation of basic human rights.

On this note, one cannot deny that this bill diminishes the role of the judiciary into a mere stamp pad of legality and an instrument to the institutionalization of shortcuts, circumventions and even validation of outright violations and abuses. With the courts effectively being transformed to permanent structures of impunity under this bill, instead of a being a force to balance the scales of justice, where can victims now seek redress for the wrongs done against them?

On May 29, 2020, with the approval of the lower chamber’s counterpart bill by the House Committee on Public Order and Safety and the Committee on National Defense and Security, this country inched closer to the fruition of all the dangers that had been forecast.

Judging from the statements of Masbate Rep. Narciso Bravo Jr. – Chairman of the Committee of Public Order and Safety – we can expect the administration-controlled majority to try and ram this bill through plenary and get it approved on second and third reading with minimal debates. He was reported to have said that the House leadership had instructed the passage of a bill similar to the one already approved by the Senate in order to avoid a bicameral conference, and that there is an “urgency” which calls for the House to fast-track its approval.

For a proposed measure that bodes substantial restrictions on civil liberties and the grant of inordinate powers to law-enforcement agencies, this apparent effort on the part of the House majority to swiftly pass the Anti-Terrorism Bill poses a serious threat to all critics of government and independent-minded individuals, regardless of party or ideology, and even the ordinary citizen on the street.

This threat, however, is especially real and greater for organizations that have been relentlessly and viciously targeted and red-tagged by the likes of NTF-ELCAC as “terrorist” groups or fronts essentially because of the pro-poor and progressive agenda and advocacies that they carry.

The bill, should it become law, will only serve to worsen the climate of impunity that has made the Philippines fertile ground for extra-judicial killings, illegal arrests, and crackdowns against activists and progressive organizations and even ordinary citizens.

As such, there is an urgent need to stop the passage of this bill at the earliest opportunity. The dangers it poses are incalculable, and the risks are too great for people to turn a blind eye under the misguided assumption that their own freedoms would not be affected.

Those who may think that these warnings amount to fear-mongering need only recall the events of the past two months.

In the midst of the coronavirus pandemic, the Duterte administration has set up a junta-like body, in the guise of an inter-agency task force made up of military men, to dictate public health policy, control local government units, and practically run the affairs of the entire country.

It has let loose the police and the military, even barangay officials, on a defenseless, hungry, and desperate population, leading to an avalanche of human rights violations, misconduct and abuse of authority, and even reports of sexual abuse perpetrated by law-enforcement officials. It has resorted to immediately arresting and jailing tens of thousands for protesting the lack of government support, criticizing official action or inaction, violating unreasonable curfews, or simply stepping out of where they reside without facemasks or documentation.

Worst, this government has used the health emergency as a backdrop, even a justification, to whip its various agencies into action for the singular purpose of clamping down on dissent. From the NBI eagerly arresting people without warrants because of their social media posts, to the NTC shutting down ABS CBN, to the police and barangay officials berating, arresting, if not beating up, activists and volunteers who participate in relief efforts for poor communities or the legions of famished poor who have no choice, the government has shown no tolerance for criticism. And they take their clear cue from above.

Even now, President Duterte and his people have displayed their authoritarian tendencies. Allowing this administration, the added leeway and greater authority that come with a newer, more oppressive anti-terrorism law would open the floodgates to graver forms of abuses. The dangers that come with the Anti-Terrorism Bill are all too real to be ignored, and we cannot and should not wait until the final nail in the coffin has been hammered down.

Duterte urges House to fast-track passage of ‘Anti-Terror Bill

The arguments for the passage of this bill – posed by the Duterte Administration, its allies in Congress, and defense officials at large – all boil down to trusting them with the awesome power the law would bring as a means to combat the threat of terrorism.

Yet, candidly, without a shadow of doubt, this administration is not even remotely worthy of that trust.

Recent events have shown that the greater threat comes from a government ignorant, even outright dismissive, of the constitutional limits of its own authority and the importance and value of the rights and liberties of its people.

It is, therefore, imperative that attempts to pass the Anti-Terrorism Bill be fervently resisted, not only to protect those voices critical of the government, but also to protect everyone else who wishes to speak freely about matters of public interests and concern, without censorship or fear of punishment, without someone looking over our shoulder or stalking us, mostly without our knowing it.

This proposal reduces our Bill of Rights to a sheer litany of what every civilized society should aspire to achieve. It even showcases the government’s total abandonment of its international human rights obligations to the people. Hence, this draconian proposed measure has no place in our homes, in our schools, in our workplaces, in our communities. It is going back to the days of disquiet and nights of rage. #

#References:

Ephraim B. Cortez

NUPL Secretary General

+639175465798

Josalee S. Deinla

NUPL Spokeserson

+639174316396

1 June 2020
(ITALY) Regularisation, here is the text from the Official Gazzette. The flat-rate contribution is 500 euros
Rome, 20 May 2020 – Regularisation, DL art. 103 has been published in the Official Gazzette.
Among the new features (compared to what was previously announced) we find that: the amount of the contribution for the employer increases from 400 to 500 euros.
The presence in Italy can be proved with all documents with a certain date from public offices.

translated from https://stranieriinitalia.it/attualita-sp-754/regolarizzazione-ecco-il-testo-in-gazzetta-ufficiale/
https://stranieriinitalia.it/

here is the text :

1. In order to ensure adequate levels of individual and collective health protection as a result of the contingent and exceptional health emergency linked to the disaster resulting from the spread of Covid 19 and to encourage the emergence of irregular employment relationships,

Italian employers or nationals of a Member State of the European Union, or foreign employers holding the residence permit provided for in Article 9 of Legislative Decree No 286 of 25 July 1998, as amended,

may apply, in the manner described in paragraphs 4, 5, 6 and 7, to conclude a contract of employment with foreign citizens present on the national territory or to declare the existence of an irregular employment relationship, still in progress, with Italian citizens or foreign nationals.

To this end, foreign citizens must have been subjected to photodactyloscopic surveys before March 8, 2020 or must have stayed in Italy before that date, on the basis of the declaration of presence, made in accordance with Law no. 68 of May 28, 2007, or certificates consisting of documents of a certain date from public bodies; in both cases, foreign citizens must not have left the national territory since March 8, 2020.

2. For the same purposes referred to in paragraph 1, foreign citizens, with a residence permit expired on October 31, 2019, not renewed or converted into another residence permit, may apply for a temporary residence permit, valid only in the national territory, for a duration of six months from the submission of the application, according to the modalities referred to in paragraph 16.

To this end, the aforementioned citizens must be present on the national territory on 8 March 2020, without having left the same date, and must have carried out work activities in the areas referred to in paragraph 3, before 31 October 2019, proven in accordance with the procedures set out in paragraph 16.

If, at the end of the duration of the temporary residence permit, the citizen has a subordinate employment contract or the salary and social security documentation proving the performance of the work activity in accordance with the provisions of the law in the sectors referred to in paragraph 3, the permit is converted into a residence permit for work reasons.

3. The provisions of this article apply to the following sectors of activity:

(a) agriculture, livestock and animal husbandry, fisheries and aquaculture and related activities;

(b) assistance to the person for themselves or for members of their family, even if they are not living together, suffering from diseases or handicaps that limit their self-sufficiency;

(c) domestic work to support family needs.

4. The application referred to in paragraph 1 shall indicate the duration of the employment contract and the agreed remuneration, not less than that provided for in the collective labour agreement of reference entered into by the trade unions and employers’ organizations comparatively more representative at national level.

In the cases referred to in paragraphs 1 and 2, if the employment relationship terminates, even in the case of a seasonal contract, the provisions of article 22, paragraph 11, of legislative decree no. 286 of 25 July 1998, as amended, shall apply, in order to carry out further work activity

5. The application referred to in paragraphs 1 and 2, shall be submitted from 1 June to 15 July 2020, in the manner established by decree of the Minister of the Interior in agreement with the Minister of Economy and Finance, the Minister of Labour and Social Policies, and the Minister of Agriculture, Food and Forestry Policies, to be adopted within ten days of the date of entry into force of this decree, at the following address

(a) the National Social Security Institute (INPS) for Italian workers or for nationals of a Member State of the European Union;

b) the one-stop-shop for immigration, referred to in Article 22 of Legislative Decree No 286 of 25 July 1998, as amended, for foreign workers, referred to in paragraph 1;

c) the Police Headquarters for the issue of residence permits, referred to in paragraph 2.

6. The same decree referred to in paragraph 5 also establishes the employer’s income limits required for the termination of the employment relationship, the appropriate documentation to prove the work activity referred to in paragraph 16 as well as the detailed procedures for carrying out the procedure.

Pending the definition of the procedures referred to in paragraphs 1 and 2, the presentation of the petitions allows the carrying out of the work activity; in the hypothesis referred to in paragraph 1, the foreign citizen carries out the work activity exclusively in the employ of the employer who has presented the petition.
- The applications are presented upon payment, with the modalities provided for by the inter-ministerial decree of which
It is also provided for the payment of a lump-sum contribution for the amounts due by the employer for remuneration, contributions and tax, the determination of which and the methods of acquisition are established by decree of the Minister of Labour and Social Policy in agreement with the Minister of Economy and Finance, the Minister of the Interior and the Minister of Agriculture and Forestry.

8. Ineligibility of the requests referred to in paragraphs 1 and 2, limited to cases of conversion of the residence permit into a work permit, the conviction of the employer in the last five years, even with a non-final sentence, including the one adopted following the application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, constitutes a cause for ineligibility:

a) aiding and abetting illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of persons to be used for prostitution or exploitation of prostitution or minors to be employed in illegal activities, as well as for the crime referred to in Article 600 of the Criminal Code;

b) illegal intermediation and exploitation of labour pursuant to Article 603-bis of the Penal Code;

c) offences referred to in Article 22, paragraph 12, of the Consolidated Act referred to in Legislative Decree no. 286 of 25 July 1998, as amended.

9. It also constitutes a cause for the rejection of the requests referred to in paragraphs 1 and 2, limited to cases of conversion of the residence permit into work reasons, the failure of the employer to sign the contract of stay at the one-stop-shop for immigration or the subsequent failure to hire the foreign worker, except in cases of force majeure not attributable to the employer, however, occurring following the completion of procedures for the entry of foreign citizens for reasons of subordinate work or procedures for the emergence from irregular work.

10. Foreign citizens are not admitted to the procedures provided for in paragraphs 1 and 2 of this article:

a) in respect of whom an expulsion order has been issued pursuant to Article 13, paragraphs 1 and 2, letter c), of Legislative Decree No. 286 of 25 July 1998, and Article 3 of Decree-Law No. 144 of 27 July 2005, converted, with amendments, by Law No. 155 of 31 July 2005, and subsequent amendments.

b) that are reported, also on the basis of international agreements or conventions in force for Italy, for the purposes of non-admission in the territory of the State;

c) they have been convicted, even with a non-final sentence, including that pronounced also following application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, for one of the offences provided for in Article 380 of the Code of Criminal Procedure or for offences against personal liberty or for drug offences, aiding and abetting illegal immigration to Italy and illegal emigration from Italy to other States or for crimes aimed at the recruitment of persons to be used for prostitution or the exploitation of prostitution or minors to be employed in illegal activities;

d) which are in any case considered a threat to public order or the security of the State or of one of the countries with which Italy has signed agreements for the abolition of internal border controls and the free movement of persons.

In assessing the dangerousness of the foreigner, account is also taken of any convictions, even with non-final sentences, including those pronounced following the application of the penalty on request pursuant to Article 444 of the Code of Criminal Procedure, for one of the offences provided for in Article 381 of the Code of Criminal Procedure.

11. From the date of entry into force of this decree until the conclusion of the proceedings referred to in paragraphs 1 and 2, the criminal and administrative proceedings against the employer and the employee, respectively, shall be suspended:

a) for the employment of workers for whom the declaration of emersion has been submitted, even if of a financial, tax, social security or welfare nature;

b) for illegal entry and stay in the national territory, with the exclusion of the offences referred to in Article 12 of Legislative Decree No 286 of 25 July 1998, as amended.

12. In any case, criminal proceedings against employers are not suspended for the following offences:

a) aiding and abetting illegal immigration to Italy and illegal immigration from Italy to other States or for crimes aimed at the recruitment of persons to be used for prostitution or exploitation of prostitution or minors to be employed in illegal activities, as well as for the crime referred to in Article 600 of the c

(b) illegal intermediation and exploitation of labour in accordance with Article 603-bis of the Criminal Code.

13. The suspension referred to in paragraph 11 shall cease if the application referred to in paragraphs 1 and 2 is not submitted, or if it is rejected or dismissed, including the failure of the parties referred to in paragraph 15.

Criminal and administrative proceedings against the employer shall in any case be dismissed if the negative outcome of the proceedings is due to causes beyond the employer’s control or conduct.

14. In the event that the employer employs, without prior notification of the establishment of the employment relationship, foreigners who have submitted the application for the temporary residence permit referred to in paragraph 2, the sanctions provided for in Article 3, paragraph 3, of Decree-Law no. 22 February 2002, n. 12, converted, with amendments, by Law no. 73 of 23 April 2002, article 39 (7) of decree-law no. 112 of 25 June 2008, converted, with amendments, by Law no. 133 of 6 August 2008, article 82 (2) of Presidential Decree no. 797 of 30 May 1955 and article 5 (1) of Law no. 4 of 5 January 1953. When the facts referred to in Article 603-bis of the Criminal Code are committed against foreigners who have applied for the temporary residence permit referred to in paragraph 2, the penalty referred to in the first paragraph of the same article is increased from one third to one half.

15. The one-stop-shop for immigration, having verified the admissibility of the declaration referred to in paragraph 1 and obtained the opinion of the Police Headquarters on the absence of grounds for refusing access to the procedures or the issuance of the residence permit, as well as the opinion of the competent Territorial Labour Inspectorate regarding the economic capacity of the employer and the appropriateness of the working conditions applied, convenes the parties for the stipulation of the residence contract, for the compulsory notification of employment and the compilation of the application for the residence permit for subordinate work. Failure by the parties to appear without justification shall result in the closure of the proceedings.

16. The application for the issuance of the temporary residence permit referred to in paragraph 2 is submitted by the foreign citizen to the Questore, from 1 June to 15 July 2020, together with the documentation in possession, identified by the decree referred to in paragraph 6 suitable to prove the work activity carried out in the sectors referred to in paragraph 3 and verifiable by the National Labour Inspectorate to which the application is also directed.

Upon submission of the request, a certificate is delivered that allows the person concerned to legitimately reside in the territory of the State until any communication from the Public Security Authority, to carry out subordinate work, exclusively in the sectors of activity referred to in paragraph 3, as well as to submit any application for conversion of the temporary residence permit into a residence permit for work purposes.

The applicant is also allowed to register in the register referred to in Article 19 of Legislative Decree no. 150 of 14 September 2015, by presenting to the Employment Offices the certificate issued by the Questore (Police Commissioner) referred to in this article. For the fulfilments referred to in paragraph 2, article 39, paragraphs 4-bis and 4-ter of law no. 3 of 16 January 2003 shall apply; the relevant charge to be borne by the party concerned shall be determined by the decree referred to in paragraph 5, up to a maximum amount of 30 euros.

17. Pending the definition of the proceedings referred to in this article, the foreigner cannot be expelled, except in the cases provided for in paragraph 10. In the cases referred to in paragraph 1, the signing of the residence contract together with the obligatory notification of employment referred to in paragraph 15 and the issue of the residence permit entail, for both the employer and the worker, the extinction of the crimes and administrative offences relative to the violations referred to in paragraph 11.

In the case of a request for emersion referring to Italian workers or citizens of a Member State of the European Union, the relevant submission pursuant to paragraph 5, letter a) entails the extinction of the crimes and offences referred to in paragraph 11, letter a).

In the cases referred to in paragraph 2, the extinction of the crimes and administrative offences relating to the violations referred to in paragraph 11 is the sole consequence of the issue of a residence permit for work purposes.

18. The residence contract stipulated on the basis of an application containing untrue data is null and void pursuant to article 1344 of the Civil Code. In this case, any residence permit issued is revoked under article 5(5) of legislative decree n.

19. By decree of the Minister of Labour and Social Policy in agreement with the Minister of the Interior, the Minister of Economy and Finance and the Minister of Agricultural, Food and Forestry Policies, the allocation of the flat-rate contribution, referred to in the last sentence of paragraph 7, is determined.

20. In order to effectively combat the phenomena of concentration of foreign citizens referred to in paragraphs 1 and 2 in conditions inadequate to ensure compliance with the hygienic-sanitary conditions necessary to prevent the spread of contagion from Covid-19, the competent State Administrations and the Regions, also through the implementation of the measures provided for in the Three-Year Plan to combat labour exploitation in agriculture and the caporalate 2020-2022, adopt solutions and urgent measures suitable to ensure the health and safety of housing conditions, as well as further interventions to combat irregular work and the phenomenon of the caporalate. For the above purposes, the Operational Table established by art. 25 quater of Legislative Decree no. 119/2018, converted with amendments by Law no. 136/2018, can avail itself of the support of the Department for Civil Protection and the Italian Red Cross, without new or increased charges to public finance. For the implementation of this paragraph, the Public Administrations concerned shall provide within their respective financial, human and instrumental resources available under current legislation.

21. In paragraph 1 of article 25-quater of Decree Law no. 119 of 2018, after the words representatives, the following words are added “of the delegated political authority for territorial cohesion and of the delegated political authority for equal opportunities”.

22. Unless the act constitutes a more serious offence, whoever makes false statements or certifications, or contributes to the act in the context of the procedures provided for in this article, shall be punished in accordance with article 76 of the Consolidated Act referred to in Presidential Decree no. 445 of 28 December 2000.

If the act is committed through the falsification or alteration of documents or with the use of one of these documents, the penalty is imprisonment from one to six years. The penalty is increased up to a third if the act is committed by a public official.

23. In order to allow for a more rapid definition of the procedures referred to in this article, the Ministry of the Interior is authorised to use, for a period not exceeding six months, through one or more employment agencies, temporary contract work services, up to a maximum expenditure limit of 30,000,000 euros for 2020, to be distributed to the places of employment concerned in the regularisation procedures, in derogation of the limits referred to in Article 9, paragraph 28, of Decree Law no. 78 of 31 May 2010, converted, with amendments, by Law no. 122 of 30 July 2010. To this end, the Ministry of the Interior may use negotiated procedures without prior publication of a tender notice, pursuant to Article 63, paragraph 2, letter c) of Legislative Decree no. 50 of 18 April 2016, as amended.
21 May 2020
“SCRAP FOREVER, HINDI PAY LATER!” OVERSEAS FILIPINOS SLAM DUTERTE’S MANDATORY PHILHEALTH AS ‘LEGALIZED ROBBERY’

Angered by President Duterte’s mere suspension of the mandatory Philhealth membership and premium rate hike, Filipino migrants from all over the world staged an online global protest on Tuesday, 12 May, to demand the elimination of what they call “unjust” and “extortionate” state exactions. Migrante International members from North America, Europe, the Middle East and Asia Pacific likewise related the plight of OFWs and Filipino migrants hard hit by the ongoing COVID-19 pandemic and recession.

Migrante International Chairperson Joanna Concepcion slammed the Duterte administration’s “new scheme of legalized extortion” imposed on migrant workers. “We will not allow migrants to be robbed anew of their hard-earned salaries just to fund large-scale corruption in Philhealth. We will not forget the fake [ghost] patients, fake receipts, and the billions of funds lost to corruption,” Concepcion stated. She further argued that the pandemic has exposed the failure of neoliberal policies in addressing the enormous problems faced by the country’s healthcare system.

Marlon Gatdula of Migrante KSA reminded the Duterte administration that Filipino workers in Saudi Arabia already have existing health insurance provided to them by employers. Gatdula pointed out that when it comes to providing relief, Philippine government officials are not exerting concrete actions to aid OFWs who are under No-Work, No-Pay arrangements.

Europe being one of the most severely affected continents by the pandemic, Marlon Lacsamana of Migrante Europe raised its objection to the Duterte administration’s intent to overburden OFWs. “If the government is able to fund militarization in communities and in the countryside, that money should be taken back and be used for public health services for the people. The government is spending billions on debt servicing for owed money which has not contributed anything for the people’s welfare. That money should likewise be retrieved and be allocated to provide free services for Filipinos.” Lacsamana added that they are not just calling for the total scrapping of the mandatory Philhealth but for Duterte’s ouster.

Amidst the pandemic, many migrants are not only being afflicted by the Duterte government’s extortionist policies. Nap Pempeña of Migrante USA decried government negligence towards J1 visa holders victimized by recruitment agencies. He said that these young interns were promised professional training but actually ended up as replacements for the domestic workforce. Due to the closure of hotel and resort operations, thousands of young interns were laid off and are now without any income to support their basic needs. This is on top of the huge amounts of debt they incurred from the exorbitant fees charged by recruitment agencies. Pempeña deplored DFA’s failure to utilize the Php 1 Billion Assistance to Nationals fund to aid distressed J1 visa holders.

13 May 2020
Migrante Europe calls for the immediate release of political prisoners in the Philippines amid COVID-19 pandemic

Migrante-Europe joins the growing appeal for the immediate release of political prisoners in the Philippines on humanitarian grounds as the world wrestles with the danger and harm of the COVID-19.

Migrante-Europe firmly believes that political prisoners in the Philippines have been unjustly arrested charged and detained. Many of them in advanced age and suffering from life-threatening illnesses.

Migrante-Europe supports the call of United Nations High Commissioner for Human Rights Michelle Bachelet for governments to take urgent action to protect the health and safety of people in detention since, in many countries, “detention facilities are overcrowded, in some cases dangerously so. People are often held in unhygienic conditions and health services are inadequate or even non-existent. Physical distancing and self-isolation in such conditions are practically impossible.”

Migrante-Europe is alarmed with the data from the Philippine Bureau of Jail Management and Penology of a 450% jail congestion rate nationwide in October last year, with 380 of 467 detention facilities in the country filled beyond capacity. Lack of clean water, sanitation and adequate medical services and facilities are also common among Philippine prisons.

The inhumane conditions in prisons imperil the life and health of detainees, hence, this urgent call to the Philippine government for the immediate decongestion of prisons and release of political prisoners, on humanitarian grounds, especially the elderly, sick with chronic, debilitating or life-threatening medical conditions, pregnant and nursing mothers, and those who are due for parole or pardon.#

Marlon Lacsamana
Secretary General
Migrante-Europe
1 April 2020

1 April 2020
Mang Bill passes away

Belarmino Saguing or Mang Bill, vice-chairperson of Umangat-Migrante Rome passed away yesterday in Rome, Italy after a fatal heart attack. He was 79. He is survived by his wife Tess Aviguetero.

According to Umangat-Migrante Rome, Mang Bill was an active member and leader of Umangat-Migrante Rome, and despite his advanced age, Mang Bill participated or led many Migrante events and protest actions, in Italy and in the Philippines, including protest actions to denounce the extrajudicial killings of activists during the time of disgraced former President Gloria Arroyo. One story was, when Arroyo visited Rome during the period, Mang Bill defied Arroyo’s Presidential Security Guards and was briefly detained because he insisted in entering the premises where Arroyo was speaking to manifest his protest.

Messages of condolences and financial donations may be coursed through [email protected], +393383088285, or private messages to the Facebook account of Tess Aviguetero.#

25 March 2020