BALAOD Mindanaw, Inc.

2015 Narrative Report

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BALAOD Mindanaw, Inc.

2015 YEAR-END NARRATIVE REPORT

BALAOD@15: Affirming Alternative Lawyering as a Relevant Justice Reform Strategy towards Legal Empowerment

I. EXECUTIVE SUMMARY The year 2015 marked BALAOD’s 15 years of journey towards achieving equity, development and justice in the Philippines through paralegalism and alternative lawyering. It was a year of celebration for the victories gained in the past 15 years and for the beginning of its new endeavors in addressing issues on abuse and exploitation of children, particularly in child human trafficking. It was also another year for BALAOD to continue its work on Disaster Risk Reduction and Management (DRRM) in the province of Dinagat Islands. BALAOD’s work in the area include, not only the completion of 202 houses for Yolanda victims, but also the rehabilitation of the sources of livelihood of selected people’s organizations and the implementation of a legal empowerment program for paralegals from three municipalities in the province. Key people from the people’s organizations and barangays were selected to learn on the different laws and policies on DRRM and the environment as well as to be trained on the skills that will help and protect them from the effects of environmental risks and hazards. BALAOD implemented these projects in partnership with ICCO and TROCAIRE, respectively. In 2015, BALAOD started its new program addressing issues on human trafficking and other abuse and exploitation, particularly of children. It launched orientation caravans on anti-human trafficking to high school students of selected public national high schools in Cagayan de Oro City with the assistance of 18 trainers from 11 partner organizations. In November 2015, BALAOD also started its campaign and advocacy against online abuse and exploitation of children. BALAOD continued its policy advocacy programs through its active partnership with Alternative Law Groups, Inc. (ALG), NGOs Fisheries Forum (NFR), CABUSTAM, CLUP Now!, AR Now!, and other coalitions and partners. BALAOD maintained its partnership with Xavier University Center for Legal Aid (XUCLA) and Ateneo Human Rights Center (AHRC) through the hosting interns for their formation and exposure to alternative lawyering and various development works. It hosted four (4) law interns in summer and 8 law students from the XU-College of Law Clinical Legal Education Program (CLEP). In its engagements in judicial and legislative policy reforms, BALAOD continued handling policy-determining cases and published position papers on emerging national issues and policies.

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The year was both challenging and exciting for BALAOD not only because of its new engagements in children’s issues but also because of its working with additional new partners and networks. These challenges and excitement further boosted the commitment of the staff to continue its alternative lawyering works with marginalized groups and communities towards legal empowerment and improved access to justice.

II. HIGHLIGHTS OF MAJOR ACCOMPLISHMENTS

A. COMMUNITY-BASED PARALEGAL AND PEACEBUILDING PROGRAM

Post Disaster Legal Empowerment Support for Yolanda Victims in the Province of Dinagat Islands Homebuild and Providing Legal Services BALAOD’s DRRM intervention covered the whole Province of Dinagat Islands with special focus in the Municipalities of Tubajon and Loreto under the following components: disaster assessment, home build, one-stop-shop legal services, and primer publication on post-disaster legal needs. Seven (7) one-stop-shop legal consultations were conducted in the 7 municipalities of the province which catered to around 777 clients and the preparation of more than 400 documents (mostly affidavits). Copies of Frequently Asked Questions (FAQ) were also distributed to the 7 municipalities to serve as guide for ordinary people in claim-making during disaster and for service-providers in disposing their functions.

The targets in the Homebuild component were the Municipalities of Tubajon and Loreto which suffered the most devastation after typhoon Yolanda. A total of 202 houses were constructed in 6 barangays in the two (2) municipalities. The houses were constructed through the collaboration and counter-parting of several stakeholders: the Project provided for the materials; the beneficiaries provided the labor; and the district congressional office provided for the staff and coordination needs

with other government agencies. The Municipal and Barangay LGUs also provided staff and financial support including the hazard-free relocation sites. The Department of Public Works and H ighways (DPWH), on its part, helped in the preparation of building plans and site surveys. The Department of Environment and Natural Resources (DENR) helped in the tenurial research of the relocation

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sites and facilitated the production of lumber for the houses. Aside from the 202 houses built, there were also construction materials and repair kits that were distributed to 67 other beneficiaries from other barangays. BALAOD also prepared initial tenurial research of the relocation sites to guide the beneficiaries and LGUs on how to proceed with their application for tenurial security. It also prepared a consolidated hazard profile with the help of Municipal LGUs to guide barangay folks in their disaster management planning and preparation. Resilient Livelihood Support

After its successful implementation of the Home-Build project in Dinagat Islands, BALAOD subsequently implemented another project focused on the enhancement and strengthening of existing livelihood enterprises in the affected communities in the municipalities of Tubajon and Loreto in Dinagat Islands to address the financial needs of the people in the communities. To benefit as many people as possible given the 7-month duration of the project, BALAOD chose to

assist and tap livelihood enterprises owned and run by people’s organizations instead of tapping enterprises of individuals.

25 livelihood enterprises were visited and evaluated by the project team using a BALAOD-developed assessment tool in order to determine the organizations with the most commitment and determination to succeed and grow in their livelihood enterprise. Out of the 25 people’s organizations, 9 passed the criteria but only

8 organizations agreed to partner with BALAOD Mindanaw in the project. These 8 people’s organizations then went through a more in-depth assessment of their respective livelihood enterprise in order to identify gaps and areas for growth. Identified policy gaps were then addressed by each organization’s management team. Gaps in business management skills and financial recording were also addressed via a series of training seminars conducted by actual business practitioners based in Surigao City.

BALAOD continued its project implementation by conducting post-training follow-throughs. Regular monitoring and mentoring of individual organizations were conducted to ensure sustainability of project implementation. Through which, inadequacy in financial and other business resources were ascertained. To address the said issue,

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additional fund infusion from the members of the respective organization as well as from the project resource itself were made/effected. The livelihood enterprises that were assisted ranged from palay growing and trading, fishing, consumer merchandising, meat and cacao processing and vending. The 8 partner organizations were as follows: (1) Ang Kahugpungan Alang sa Kalambuang Agraryo (Sta. Cruz); (2) Coastal Area Managers of Esperanza Cooperative; (3) Gibusong Island Teachers and Community Multi-Purpose Cooperative; (4) Imelda Youth Movement Organization; (5) Kahugpungan Alang sa Kalambuang Agraryo ; (6) Magsaysay Gagmay na Mangingisda and Farmers Association; (7) Panamaon Consumer Cooperative; and (8) Mabini Multi-Purpose Cooperative. Legal Empowerment as a Tool for Disaster Risk Reduction and Management (DRRM)

Another contribution of BALAOD in rebuilding the lives of the people affected by Yolanda in Dinagat Islands was the legal empowerment program in Loreto, Tubajon, and Libjo. After a year of implementation, the program provided a great opportunity to the paralegals in the municipalities to use the law as a tool in the advancement of their rights particularly in avoiding, or at least mitigating, the catastrophic effect of climate change specifically natural disasters. The program was also an

attempt to change deliberately the people’s culture of patronage and over-dependence to government institutions toward self-reliance and empowerment.

In 2015, BALAOD conducted two paralegal trainings to a total of 81 paralegals from the Municipalities of Tubajon and Loreto, and three paralegal clinics and monitoring sessions with paralegals. The trained paralegals were able to understand the laws and policies in relation to disaster risk reduction and management (DRRM), land/resource, and other related laws (environmental laws) in order to better prepare for future disasters and know the roles of government, local government units (LGUs), civil society organizations (CSOs) and local communities. It is hoped that these acquired knowledge and skills would help community-based paralegals and local communities in better responding to their legal issues and concerns particularly on land rights, ecosystem protection issues, and advocacy in times of disasters.

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Aside from the series of activities for the enhancement of skills and knowledge of paralegals, BALAOD together with paralegals were able to develop six local policies related to DRRM. BALAOD believes that this strategy is likewise a sustainability mechanism to ensure the continuity of gains achieved during the capacity building phase. The following ordinances were developed: Barangay Solid Waste Management Program; Establishment of Barangay Anti-VAWC desk; Establishment of DRRM Council /Committee; Creation of Bantay Dagat (Deputized Fish Wardens); Establishment of Barangay Forest Park; and Creation of Marine / Fish Sanctuary.

Having accomplished the above explained victories, all these were made possible through the strengthened partnership with the different national government agencies and local government units concerned. The legal empowerment project was mainstreamed and integrated with the natural resources protection program of Provincial Environmetal and Natural Resources Office (PENRO). The Bureau of Fire Protection (BFP) of the province

likewise was actively involved in the implementation of the project. One of the clinics held was devoted on first aid, emergency and rescue training facilitated by the bureau. Meanwhile, the municipal LGUs were very receptive and gave their full support to both BALAOD Mindanaw and their respective locals in the project implementation. Protection of Children against Abuse and Exploitation Including Human Trafficking Anti-Human Trafficking Orientation Caravan for High School Students

When BALAOD heeded the call of the City of Cagayan de Oro to formulate a program on anti-human trafficking, it opened doors for the organization to work with various CSOs dealing with human trafficking issues. BALAOD went to a number of public national high schools in Cagayan de Oro and lectured to 3rd and 4th year students on: a) Basic Concepts and Principles of Human Rights; b) Understanding Human Trafficking; and c) Remedies in combating human trafficking. For six months, BALAOD gave orientation to a total of 1,359 students from five (5) public national high schools in Cagayan de Oro City, such as Angeles Sisters National High School, Bulua National High School, Carmen National High School, Lumbia National High School, and Puntod National High School.

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55 orientation caravans were conducted with the assistance of 18 resource persons from eleven (11) civil society organizations (CSOs) including the CHR and DSWD who were trained in August 2015. BALAOD established partnerships with different CSOs and became an active member of CIACAT-VAWC, a coalition created pursuant to Republic Act 9208 and through the issuance of an Executive Order of the current Mayor of Cagayan de Oro City. This coalition was also created for the purpose of advocating and addressing issues and matters on human trafficking and abuse of children and women in the city. Prevent and Protect Children Against Online Abuse and Exploitation In line with BALAOD’s program on anti-human trafficking, BALAOD started in November 2015 its intervention on online abuse and exploitation of children with the support from The Asia Foundation. This program focuses on the enhancement of knowledge and the strengthening of different organizations that are supporting and focusing on the protection of children through advocacy and campaign against online abuse and trafficking of children. The intervention also includes “Bantay Kaso” or monitoring of cases like the Scully cases that are pending before the Regional Trial Court in Cagayan de Oro City. The project also includes local policy development against online abuse and exploitation of children.

B. MAINSTREAMING ALTERNATIVE LAWYERING Mainstreaming Alternative Lawyering (MAL) continued to be one of the core programs of BALAOD Mindanaw both as a stand-alone program and as support to BALAOD’s Paralegal Formation. Even without clear resources, BALAOD struggled to remain true to its mandate and advocacy which reflects the essence of the program – to influence the mainstreamed law practice with alternative lawyering As the name of the program suggests, BALAOD aims to penetrate the traditional lawyering systems, practices and values within the law profession – producing more alternative lawyers, particularly those who are not working full time in ALGs and maintaining community-based paralegals. BALAOD firmly believes on the program which is at the same time, a strategy, hence, the program must continue. Just like in the previous years, BALAOD seized opportunities and maximized its other engagements in the implementation of the program. As a stand-alone program and support to BALAOD Community-based Paralegal Formation, the following small victories reflected BALAOD’s efforts to mainstream alternative lawyering. Internship The struggle to have funding support for internship program was not a hindrance for BALAOD Mindanaw to open its doors to law students who were interested to learn how human rights and alternative lawyering works.

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In 2015, there were two batches of law interns from Xavier University (XU) College of Law under their Clinical Legal Education Program (CLEP). In each batch, BALAOD Mindanaw hosted four (4) law students who were given exposure to alternative lawyering work. This was BALAOD’s third year of participation on this program and the organization was is happy to know that the institution has been a consistent partner of Xavier University for this program. This is inspite of the students’ limitations to go to many of BALAOD’s legal intervention activities with partner communities in provincial areas because of other school demands during the semester. For the Summer Internship Program (SIP), both Ateneo Human Rights Center (AHRC) and Xavier University Center for Legal Aid (XUCLA) sent their interns to BALAOD. Two (2) from each school stayed with BALAOD and spent their summer in Cagayan de Oro City. Likewise, an environmental lawyer from Myanmar, joined the four law students. It was unfortunate though that their stay with BALAOD was cut short due to a car accident when they were on their way to Dinagat Islands for the turnover of the houses BALAOD built for the victims of Typhoon Yolanda (Haiyan). Litigation Litigation remained to be one of the key programs of BALAOD Mindanaw in its efforts to protect and defend the rights of the marginalized sectors. A number of the major cases under litigation moved forward albeit in varying directions. In its work with the IPs, BALAOD’s policy-determining case of Unduran vs Aberrasturi where BALAOD is questioning the filing of a case by a landed and influential businessman against the Indigenous Peoples of Miarayon, Talakag, Bukidnon in the regular court instead of the alternative mode provided in the IPRA law, the Supreme Court ruled that IPs may be sued in regular courts if the adverse party does not belong to the same tribal community. BALAOD, however, filed a motion for reconsideration arguing that the IPRA law provides for the alternative mode of resolving issues vs IPs in consideration of their distinct norms and culture. The case was still pending with the Supreme Court.

In the work for environment protection, the case of Bat-ao, et al. vs MMDC where various sectoral groups in Cantilan, Surigao del Sur demanded for the stoppage of the mining operations in their area to prevent further damage to the surrounding environment & watershed area, the court-commissioned team of environmental scientists finally proceeded their study of the environmental impact of mining operations in the area amidst the initial protestation of the mining company. Said impact study would conclude in March 2016 and would have a very significant weight in the court’s decision on the case.

In protecting the land-tenure rights of marginalised farmers, the case of Barocol vs Veloso also took a positive turn. In said case, BALAOD appealed with the Court of Appeals (CA) the lower court’ s decision to evict the farmers from the land inspite of the absence of a lawyer representing the farmers in the lower court’s proceedings. The Court of Appeals decided to look into the merits of the case notwithstanding the landowners’ vehement objection to dismiss the case arguing that the lower court’s decision being

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already final. But in the case of Pila, et al. vs Ranises Trading, where the farmers got a favourable decision in the Court of Appeals, the Court decided to give due course to the landowner’s belated motion for reconsideration despite of its earlier decision that its ruling has become final. Three other agrarian reform cases had minor movements in the proceedings, while the rest of the other cases did not have any movement in 2015 despite BALAOD’s filing of motions for early resolution. Networking BALAOD maintained its strategic partnership and membership with leadership roles to different coalitions both in the national and local levels – Alternative Law Groups (ALG), NGOs for Fisheries Reform (NFR), CLUP Now!, AR Now!, CABUSTAM, , and City Inter-Agency Coalition Against Trafficking-Violence Against Women and their Children (CIACAT-VAWC). BALAOD remained part of the ALG’s council and consistently participated in different coalition activities, which include General Assembly, Council Meeting, project development and assessments and other network-wide activities.

The ALG project on “Community-Based Human Rights Dialogue Between the Security Sector and the Civil Society Organizations” continued for year 2015. Ritz Lee Santos III became part of the training team when a Mindanao-wide Training of Trainers was held in Davao City. The participants underwent a comprehensive human rights education training with the end view of organizing HRE sessions in their respective areas. As a result of this training, two roll-out human rights sessions were organized in the Province of Dinagat Islands in August and

October 2015. A national assessment was likewise organized by Hanns Seidel Foundation (HSF) to identify the project’s ways forward. Through the ALG, BALAOD actively participated in the development of the Commission on Human Rights (CHR) strategic agenda. BALAOD provided insights on how the new commission should respond to the growing needs of the public particularly on human rights education. BALAOD also stressed the need for the institution to undergo reorientation and human rights values check. For NGOs for Fisheries Reform (NFR), a coalition of NGOs working for fisheries issues, BALAOD Mindanaw maintained to be the nerve center/coordinator for Mindanao. BALAOD actively participated in the discussion of the recently amended Fisheries Code. As of this writing, many efforts particularly on popularizing the amended law were initiated by different NGOs, including BALAOD Mindanaw. Before the year ended, BALAOD translated the new law in Bisaya. This was a small feat and humble contribution of the institution in making the law known to the fisherfolk communities.

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BALAOD likewise joined the Fact Finding Mission (FFM) organized by the network during the second year commemoration of Typhoon Yolanda in Tacloban and nearby towns. The team documented the continuing human rights violations and plights of those who were affected by the super typhoon. Policy Advocacy BALAOD Mindanaw maximized its projects in developing policies like the Legal Empowerment project whereby the following policies were formulated: Barangay Ordinance Establishing Anti-VAWC desk; Barangay Ordinance Establishing DRRM Council; Barangay Solid Waste Management Program; Barangay Ordinance for the Creation of Bantay Dagat; Barangay/Municipal Ordinance for the Establishment of Barangay/Municipal Forest Park; Municipal/Barangay Ordinance on Marine Protection; and Comprehensive Municipal Fishery Ordinance. These local laws were submitted to the respective local sanggunians (council) both in the municipal and barangay levels. Paralegals in the province were expected to be in the frontline in lobbying for the adoption of the above-enumerated local policies. Publication

Under the project Legal Empowerment as a Tool for Disaster Risk Reduction Management, BALAOD Mindanaw produced a primer on DRRM focused on usual legal questions before, during and post natural disasters. BALAOD came up with this idea with the aim of sharing BALAOD best practices and legal expertise with other like-minded groups and replicated to other areas in the Philippines. The first primer was produced with the support of ICCO. A few months after, the same primer was revised and printed with the support of TROCAIRE.

BALAOD also initiated the formulation and publication of Anti Human Trafficking primer which were distributed to students of partner National High School of Cagayan de Oro. The said primer featured the basic concepts and principles of Human Rights, the elements of Human Trafficking, the remedies as enumerated by the recipient students and the contact numbers of concerned government agencies. This material was also distributed to some school heads of the partner schools.

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C. DEVELOPMENT OF BALAOD’S INSTITUTIONAL CAPACITY HIGHLIGHTING FINANACIAL SUSTAINABILITY

Organizational Development and Internal mechanisms

BALAOD celebrated its 15 years of existence by conducting a city-wide legal consultation in partnership with NSTP and XUCLA and a dinner-forum and gathering of friends and partners. The former was attended by at least 20 lawyers and law students who volunteered and provided legal advices to the public. Although there were a small number of participants, it was still a success as there were additions in the pool of BALAOD volunteer lawyers. More than 100 guests and friends including Congresswoman Kaka Bag-ao, USEC Tomasito Villarin, two RTC judges, some former and current BOT members and staff attended the latter. The history and small victories of BALAOD were shared by the speakers and partners. There was also exhibit

showing the significant activities of BALAOD throughout the years. The activity was more of a reunion of former BALAOD staff, board members and partners.

During the 15th year Anniversary also, a regular Board meeting was held. The Board formally approved the BALAOD Strategic Plan for the next five years and the new vision and revised mission of the organization. The Board likewise approved the plans 2016 formulated by the staff including some concept proposals. They also suggested some strategies especially on fundraising and sustainability.

As part of the internal mechanism of the organization, BALAOD conducted nine (9) regular BALAOD days (staff meetings) in 2015. During these days, the staff shared accomplishments, difficulties, and learning as well as formulate strategies and detailed plans for the next one to two months. The staff also discussed significant and emerging issues affecting marginalized sectors and communities or BALAOD partners in general.

Human Resource Devolopment For continuous development of skills and knowledge of staff especially on its new programs on addressing children issues, BALAOD sent almost all the staff to attend Trainers Training on Anti-Human Trafficking. Two staff attended a Conference in Cebu on Cybercrime Protection of Children and one staff attended Conference in Manila on Human Trafficking. With the new project with The Asia Foundation (TAF), two staff attended Grant Management Seminar sponsored by TAF.

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BALAOD also gave opportunity to three new project staff to attend a basic paralegal training in Surigao del Sur as part of their staff development. As to staffing, BALAOD hired three project staff to support its project in Dinagat and Cagayan de Oro City on Anti-Human Trafficking, making the number of staff increased from seven (7) to nine (9). BALAOD was also saddened with the resignation of a staff-lawyer, Atty. Katheri-Ann Charcos-Puyoas she transferred to Surigao City for good in June 2015. Mally Gargar also filed an indefinite leave in June 2015 for further studies.

Financial Sustainability BALAOD maintained its traditional way of raising fund by submitting proposals to various local and foreign funding agencies to support its programs. In 2015, BALAOD submitted 14 proposals to different funders. It was able to augment its general fund through accepting professional fees which it received from the partners where BALAOD was invited as resource persons and facilitators. It was through these diverse strategies of fund-raising that BALAOD was able to sustain its programs of working with the poor and marginalized through alternative lawyering and paralegalism. III. LEARNING AND INSIGHTS

Disaster risk reduction and management is directly linked with environmental protection. The natural laws of ecology and enacted environmental laws, if observed and enforced effectively, can certainly reduce and manage disaster risks.

Popular education remains to be an effective strategy in legal education. It is imperative to device mechanisms and methods in the delivery and teaching of laws that affect local communities. This will encourage more participation among the learners and make them easily understand not only salient features of the laws but also the intent and rationale.

BALAOD has created an image in Dinagat as an NGO responding to people’s needs.

Sustained empowerment depends on sustained relations. BALAOD Mindanaw as an organization should continuously sustain its relationship with people they work with.

Development partnership not implementor-beneficiary.

Synergy creates greater impact. There is a significant increase of effectiveness if two or more people work together. It is through the combined effort that produces results based upon its experience of a recently concluded livelihood project.

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Mainstreaming Alternative Lawyering (MAL) remains to be one of BALAOD prides in its being a legal resource institution. Sustaining the gains from small beginnings should continue to be one of the priority programs of the institution. For 2015, MAL became more of a support to BALAOD Community-Based Paralegal Formation Program, which should also the case on one hand. However, there is a need to highlight MAL as a standalone program, thus, a relevant project development should be in place giving the program enough resources.

Maximized both national and local networks made BALAOD to continue to be part of the forefronts in lobbying different policies responsive to the needs of the poor and marginalized sectors, identities and local communities. Also, integrating BALAOD policy advocacies to various BALAOD projects facilitated localizing some national policies and reinvents BALAOD strategy in sustaining its internship program and continually ensures that law students and interns-turned-lawyers are regularly engaged in all BALAOD programs. Follow up with the university-based legal aid centers which were established during the previous years can be explored as a strategy in internship program.

The public expects BALAOD to provide insights on the current social and political situations of the country. In order to live with this expectation, BALAOD should establish a mechanism or venue for regular staff and other internal stakeholders to discuss current events and later publish official BALAOD statements.

IV. 2015 Financial Audit Report