Choices

We all have free will, that is certain. But I believe that beyond having the right to choose, we also have the right to know and understand the pros and cons of available options. If you have the authority or moral ascendancy over someone else, you explain the situation from the macro view, but in the end you have to leave the decision to the person. The role of the duty bearer is to present available options and where needed, make more options available; the choice is still for people to make but they ought to take responsibility for those choices. 

From My Notebook Series # 2: Diplomacy, Breach of Protocols and National Interest

I do not claim to be adept in this subject matter; I am writing here as a Filipino citizen trying to make sense of what is happening around me; looking at it from different perspectives. While I myself is an employee of the Government of the Philippines, the very nature of my agency's work makes me critical of the government's action or inaction on certain matters too. In this particular case, I am disappointed with the ingratitude of some people and the not far from impossible use of the situation to rally against the government. While I cannot blame people for not understanding the macro view of this whole scenario, I am dismayed of those who almost always tend to divide us as a nation through misleading and lopsided propaganda that reveal half truths and white lies.

In our brief but insightful sub-module on International Negotiation, retired Ambassador Hector Villaroel started with a single word on the white board: DIPLOMACY. From this, a day of discussion ensued with me jotting down some key points for future reference. Recent reports on what the President did to save a Filipina from death penalty in a foreign nation and how different people, including the family of the person whose execution was postponed made me look back and reflect on these notes. 

Diplomacy is the conduct of relations among States. We negotiate with other States to promote and protect our national interest. Our national interest should shape and dictate our foreign policy. When a person goes into negotiation with delegates from other States, that person should have in mind our national interest; after all, s/he is there to represent the nation and not just one or two persons or interest groups. There are sets of protocols and proper etiquette to follow when we conduct our relations with other States; but between the two, protocols are more important. A breach of protocol is said to be an offense against the States.

But what is national interest? What goes into it? Amb. Villaroel shared that when we talk about national interest, we should always link it with the four (4) attributes of the State:

• People: yes, this means our now 100M+ population 
• Territory: land, water and airspace. The national territory comprises the Philippine archipelago, with all the islands and waters embraced therein, and all other territories over which the Philippines has sovereignty or jurisdiction, consisting of its terrestrial, fluvial and aerial domains, including its territorial sea, the seabed, the subsoil, the insular shelves, and other submarine areas. The waters around, between, and connecting the islands of the archipelago, regardless of their breadth and dimensions, form part of the internal waters of the Philippines.(Article I, 1987 Philippine Constitution)
• Government: like it or not, the government must exist for a group of people in a particular territory to become a State. The government imposes order to the other three attributes. 
• Sovereignty: now, this one is important too, especially when we talk about independence or being free from interference from other States as well as other internal or external forces.

From these notes, let us put the puzzle together. The Department of Foreign Affairs (DFA) said that the President had undertaken all avenues, including diplomatic and legal means, to do what he can for the Filipina. There were also reports which said that President Aquino broke protocols to save her from the death row (rappler, abscbn). Let us not discount the fact that there are groups (including Indonesia-based NGOs) that helped in calling on the Indonesian Government to spare her from execution on the ground that she is a victim of human trafficking. In the end, her execution was put on hold after her recruiter who allegedly duped her into using that suitcase with hidden heroin in its linings on her trip from Malaysia to Indonesia. DFA's official statement on the matter is brief and very diplomatic (as expected of them) and I am quoting it here:

"The President had undertaken all avenues, including diplomatic and legal means, to do what he can for Mary Jane.

The President believes that every human life is invaluable.

At the last minute, a stay had been granted.

And as we conveyed this morning, we are all relieved by this welcome development.

The purpose of the stay is to allow Mary Jane to give testimony in connection with the complaint filed against the recruiters.

We would like to thank all those who stood in solidarity with the Velosos.

We would like to thank the Government of Indonesia for this favorable consideration of our request.

The Philippine Government reiterates its strong commitment to pursue full investigation of those accountable for the victimization of Mary Jane."

In this particular case, the government has shown that it values its people. It used various means to save Ms. Veloso from execution, believing in good faith that she is indeed a victim of human trafficking who used her for international drug trafficking. I cannot comment on why it is only recently that the government made efforts; I am not privy to the facts of this case. I have not seen any proof of the government's inaction on her case since it started years ago. Is the government claiming the glory for Indonesia's last minute decision? I don't think so; the government is even "thankful for all those to stood in solidarity with the Velosos". The Philippine Government even thanked the Government of Indonesia for granting the stay, as it reiterated its strong commitment to pursue full investigation of the case -- I think this is essential in maintaining diplomatic relations. Let us remember that as a State, Indonesia is also protecting its government and sovereignty; that explains their hard line stance that the execution of all the drug convicts should proceed; therefore listening to pleas from NGOs and the Philippine Government deserves utmost gratitude.

The challenge now is proving Ms. Veloso's innocence by prosecuting her alleged traffickers. Let us remember that she was judged as guilty under Indonesian law by the Indonesian court. We can only foresee further negotiations with the Government of Indonesia, using International or Regional (with Philippines and Indonesia being members of the Association of Southeast Asian Nations or ASEAN) treaties and other instruments along with our laws against human trafficking and drug smuggling.

All these necessitates a lot of human and financial resources (hello there, tax payers!), but let us remember that we are not just saving one life here because we are now finding the trail to possibly uncover an international drug syndicate. Now let me say this, I don't think these efforts are worthy of the bitter words of the family against the government; hey, you are not only insulting the government, you are insulting the Filipino tax payers by saying that the government did nothing for your kin! The death sentence on Ms. Veloso still stands, the family needs to cooperate with the government to help prosecute her alleged traffickers for unless they are able to prove that Sergio et. al indeed trafficked her, she will still be executed in the future.

May they be enlightened and choose to cooperate with the government in the prosecution of the alleged traffickers.