ML19253C135

Affidavit Alleging That Philippine Govt Has Not Carefully Considered Impacts of Proposed Reactor.Nrc Should Conduct Thorough Health,Safety & Environ Review.Reactor Would Be Unsafe.Exhibits Encl

ML19253C135
Person / Time
Site:	05000574
Issue date:	11/12/1979
From:	Oconnor D AFFILIATION NOT ASSIGNED
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ML19253C124	List: ML19253C123 ML19253C135
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NUDOCS 7911300030
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. . .

AFFIDAVIT I, David O'Connor, being first duly sworn, do depose and sey:

I am an American citizen who has a deep and longstanding interest in promoting friendly relations between the people of the United States and the people of the Philippines. I am concerned, in particular, with the possible adverse effect the export of a nuclear reactor to the Philippines by the U.S. c3rporation, Westinghouse, will have on those relations. Moreover, I have entered into a long-term contractual agreement with Filipino citizens which could be Jeopardized by the export of an unsafe nuclear reactor to the Philippines and any ensuing nuclear accident which might occur.

My profound interest in the Philippines dates back seven years, to my career as a student at Yale University, where I learned Tagalog, a Philippine dialect, and studied the history of U.S.-Philippine relations. Since that time I have continued to do research on the economy and the politics of the Philippines.

In March and April of 1978 I had the opportunity to visit the

• Philippines to conduct a study on the export-oriented manufactur-ing industries like garments and~ electronics, which has been pub-liched by the Pacific Studies Center (located in Mountain View, California) in its quarterly journal, Pacific Research. I am currently teaching economics at Foothill College in Los Altes Hills, California. I am also finishing a graduate degree in economics at Stanford University. Prior to attending Stanford, I received a master's degree in agricultural economics at the University of Wisconsin at Madison.

I make the following remarks in response to the Nuclear Regulatory Commission's Order dated October 19, 1979, calling for public, written testimony on the issue of the Commissien's jurisdiction to examine health, safety and environmental ques-tions arising from the construction and operation of exported reactor facilities. Since this issue has arisen in the context of the proposed export of a Westinghcuse 600 MWe, two-loop, pressurized water nuclear reactor to the Philippines,'I will cite certain factual evidence pertalning to this specific case. Yet, I cen-tend that the arguments made below, to the effect that the NRC does have jurisdiction over health, safety and environmental issues relating to the Philippine reactor, apply with equal force to reactor exports to other countries in the developing world (for example, South Korea).

1. Concerning jurisdiction. In its Order of October 19, 1979, the NRC asks if its health, safety or environmental review of export license appliaations is limited to the connection of these issues with the U.S. common defense and security. Even if the NRC were to answer this question in the affirmative, I maintain that a failure by the NRC to conduct a thorough health, safety, and environmental review of the Philippine reactor export would be detrimental to the U.S. common defense and security. For, if serious flaws in reactor design or other safety hazards (such as inappropriate siting of the reactor) were to go uncorrected as a result of a failure by the NRC to review such questions, and if moreover such flaws were to lead to a major nuclear accident in 1442 157 1911300 -

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Page 2 the Philippines, certainly the U.S. government would be held primarily responsible by the citisens of the Philippines.

For, the U.S. government has provided approximately half of the total financing of the reactor in the form of $644 million in loans and loan guarantees from the U.S. Export-Import Bank.

In addition, the U.S. government has the ultimate authority to determine whether or not the reactor is exported. Thus, in the event of a major nuclear accident in the Philippines, the Phil- .

ippine government would be forced into the position of having either to weaken its ties with the U.S. government in order to save face with its own citisenry, or to ' defend the reacter pro-ject at the risk of eroding its credibility in the eyes of its own people. In the latter case, the prospect of anti-Ameri-can backlash similar to that in Iran is entirely plausible.

In either case, the U.S. government runs the risk of damaging, perhaps beyond repair, its relations with a longstanding ally in the Pacific region. Either President Marcos vould be fcrced to distance himself from the U.S. cr he would eventually-- if not immediately-- be replaced by a government far more hostile to the U.S. than President Marcos could ever be. My point is not that a nuclear accident, in and of itself, would necessarily have such drastic consequences for diplomatic relations between the two countries. Rather, given the existing political forces in the Philippines today, with opposition to President Marcos gaining momentum and assuming an increasingly anti-American tone, those are the likely consequences of a nuclear accident at the Bataan reactor site.

Why do I sugg.est that the U.S. government would be viewed by the Filipino people as bearing primary responsibility for such an accident? By now many Filipinos are awn.re of the controversy surrounding this reactor export and are c m.13 ant of the fact that the U.S. government must licence the ren',or before it is exported.

They are probably much less aware of the technical distincticn in the review process between common security and defense-related issues and health, safety, and environmental issues. That is to say, even if the NRC should decide that health, safety, and environ-mental concerns do not fall within its jurisdiction, it is deuttful whether th? Filipino people would. exonerate the U.S. goverrment from responsibility for an accident, since many Filipinos may be under the impression, in any case, that a health and safety review was conducted. Moreover, even if the majority of concerned Filipinos ~were not under that mistaken impression (that is, even if they were aware that the NRC never conducted a health, safety or environmental review), it is perfectly conceivable that they would see such a ccstly ommission as a gross abdication of respen-sibility by the NRC.

2. Concerning naticnal sovereignty. Why might a determination by the NRC not to review health, safety or environmental consider-ations well be construed by the Filipino people as an abdication of responsibility? After all, Uestinghouse officials might argue, such an NRC review constitutes interference by the U.S. government with the sovereignty of another naticn; that it should be the sole responsibility of the Philippine government to care for the safety and health of its citisens and the protection of the Philippine en-1442 158

Page 3 vironment. I would respond to this argument, first, that with respect to the protection of the environment of the Philippines, the protection of the environment of a particular country is inseparable from th protection of the global environment. Clearly the intent of the Nuclear Non-Proliferation Act is to enjoin on the community of all nations the collective responsibility for the protection of our common environment. Through co-operation among nat.'.ons technologies must be developed which ,

are consistent with the maintenance of the balance of the global eco-system. Certainly a review by the NRC of the environ-mental impact of tha export of this reac' tor is in conformity with the spirit of the Nuclear Non-Proliferation Act. More-over, the Executive Order 12114, issued by President Carter on January 4, 1979, makes explicit the responsibility of the U.S. government to conduct a thorough review of the environ-mental impact of future reactor exports, by subsuming reactor' exports under the provisions of the National Environmental Pro-tection Act.

Cancerning the protection of the health and safety of Filipino citisens, I would argue that to the extent that the national sovereignty of the Philippines is an issue here, that sovereignty has already been breached by the U.S. government.

The offer by the U.S. Export-Import Bank of $644 million in loans and loan guarantees to the National Power Corporation of the Phil-1ppines, more than anything else, made it possible for a country with an outstanding foreign debt of roughly $8 billion to finance the purchase of this costly nuclear reactor. In addition to be-ing costly, nuclear technology is one of the riskiest-- if not the riskiest technology in existence. The NRC's recent decision to suspend construction of domestic reac; ors for at least six months, pending review of safety standards in the wake of Three Mile Island, is evidence encugh of the potential risks involved in the operation of nuclear reactors according to existing safety specifications. If, knowing full well the risks posed by this technology and aware of the additional risks presented by the siting of the reactor in the Philippines, the U.S. government were none-theless to proceed at this time to license the reactor.for export without a painstaking review of all health and safety issues, it would be guilty of the grossest violation of the sovereignty of the Filipino people. For, by so doing, the U.S. government would heighten the risk to the Filipino people of nuclear contaminction to an unreasonable level. In short, the U.S. government would be interfering with Philippine national sovereignty to the detriment of the health and safety of the Filipino people, by assisting the Philippine government in imposing a dangerous technology on an un-willing population.

3. Concerning the protection of human rights. Implicit in the preceding argument is a redefinition of the concept of national sovereignty. The right of each nation to covereignty over its cNn internal affairs is in itself unobjectionable. Yet, to equate the " nation" with the government exercising power at a given time within given territorial boundaries is implicitly to endorse a state of affairs exit ing in a large number of contemporary nations,

.in which the vast majcrity of the population is effectively ex-1442 159

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cluded from any meaningful influence over decisions concerning the internal or foreign affairs of their government. I am speaking here of the scores of military dictatorships snd other forms of totalitarian governments which dot the present-day political globe. By any standards the Philippines belongs in this class of nations. The U.S. State Department itself recently observed with respect to the Philippines: "There have continued to be. credible reports of torture in 1978 as well as of the involvement of military units in abductions and murders of dissidents as an alternative to their arrest and imprison- -

ment." (Department of State, February 8, 1979, escort on Human Rights Practices in Countries Receiving U.S. i duomittea to Committee on Foreign Relations, U.S. Senate) I am not suggesting that the U.S. government should in any manner attempt to take direct action to change the character of these governments, for certainly such action could be construed as a viclation of national sovereignty. I am appealing rather for a realistic assess-ment by the U.S. government, on a case-by-case basis, of the ex-tent to which a decision by such a government reflects the majority will of its people. .

I,n the matter of nuclear power, it shoulc be clear from the broad-based character of the anti-nuclear movement in the United States that nothing like a consensus exists in this country that nuclear power is in the best interests of the American people. In this country, demonstrations against nuclear power are legal and attract hundreds, thousands, even hundreds of thousands of people.

In the Philippines, all forms of demonstrations protesting the policies of the government are strictly forbidden. Moreover, in the Philippines the punishment for violation of the ban on demon-strations and other forms of public protest is incomparably more severe than the penalty paid by American anti-nuclear protestors who have seen fit to trespass on the property of nuclear power plants. Cae Filipino construction worker, Ernesto Nazareno, who critized the Philippine government's construction of the Bataan nuclear reactor, was arrested by the military police and has not been seen or heard from since June of 1978. People in the Phil-ippines strongly suspect he may have been another victim of the military's practice of " salvaging" (or murder) of political de-tainees.

I myself visited the Philippines, as mentioned above, in March and April of 1973 and observed the first allegedly " free" electicns since the declaration of. martial law in 1972. While there I made the acquaintance of a family whose father was a c61onel'in the Philippine Air Force and whose two daughters and one son-in-law were campaign workers for the opposition political party, Lakas ng Bayan (or LABAN for short), which fielded candidates from the Metro-Manila area for seats in the Interim National Assembly.

Shortly after my departure from the Philippines in April of 1978, I wrote a letter to one of the daughters. Several months later I finally received a reply, with an explanation for the delay: two days after my letter arrived, her sister and brother-in-law had been arrested on general charges of " subversion" and severely tortured.

The sister was pregnant at the time and nearly had a miscarriage.

She was given electric shock, the " water cure" (the placing of a 1442 160

Page 5 cloth over the victim's nose and mouth and the repeated pouring of water over the cloth, inducing choking), as well as threats of rape. Her husband was also given electric shock and the " water cure" as well as being beaten on the stomach and eardrums. He is now partially deaf as a result. Such accounts are not at all unusual in the Philippines today. Under the pa31 of fear imposed by the prospect of the harsh punishment which awaits opponents of government policies unfortunate enough to be arrested, it is indeed a small wonder that people dare protest at all. Yet, even under these adverse circumstances, over 50,000 Filipinos chose to sign petitions to the Philippine government and the NRC asking for the reactor's cancellation and some six thousand Filipinos have written to the NRC with the same message.

The U.S. government's policy of respect for the right of a sovereign government to have sole jurisdiction over the safe-guarding of its citizens' health and safety appears to be based on the implicit assumption that every government has the utmost noncern for the physical and psychological welfare of its citizens.

I would challenge that assumption in the case of governments--

like that of the Philippines-- which regularly engage in the physical and psychological torture, and even the outright murder of their own people. In this particular case, the U.S. gcVernment cannot assume that the Philippine government will weigh carefully health and safety considerations before proceeding with the con-struction and operation of the nuclear reaccor. Indeed, the way in which the Philippine government conducted the public hearings on the safety of the reactor earlier this year should raise ser-ious doubts about .the sincerity of the government's concern for the health and safety of its citizens. For, when the opponents of the reactor's construction requested of the Philippine Govern-ment Safety Commission a postponement of two months to allow them time to prepare their case, the Commission denied the reouest and asked them to show cause why construction of the reactor (which had been suspended temporarily) should nob resume. In protect of this decision, the opposition, led by ex-Senator Lorenco Tanada, walked out,pnd publicly accused the Commission of " whitewashing" the safet"y25f the reactor. In short, no thorough and objective health, safety and environmental review of the Philippine reactor has yet been conducted. If the NRC does not undertake such a review, the likelihood is great that no one else will.

1442 161 The NRC must not let itself be pressured to license the Westinghouse reactor for political reasons. To do so would be the height of professional irresponsibility and moral cowardice.

The argument that a review of health, safety and environmental issues constitutes an infringement of Philippine national sover-eignty comes down, in the last analysis, to the contention that any decision at this time other than a decision to grant'the export license would constitute an unwarranted interference in Philippine internal affairs. If the NRC accedes to this line of reasoning, then it it confessing its own impotence. The decision to grant the export lice:.se has already been made for the Ccmmission by forces outside its control. I submit that the NRC, on the cen-trary, does have the power to choose either to grant or to deny the export license on the basis of the reactor's impact on the health and safety of the Filipino people and the environment of the Phil-

Page 6 ippines. Moreover, I maintain that the llRC has the responsibility to review thoroughly health, safety and* environmental issues be-fore making a decision. For the Code of Federal Rerulations clearly states:

The. Commission will issue an export license if it has been notified by the State Department that it is the judgment of the Executive Branch that the proposed export will not be inimical to the common defense and security, and; *

(1) Finds, based upon a reasonable judgment of the assurances provided and other information available to the Federal Government, that:

(ii) the proposed export would not be inimical to the common defense and security or constitute an unreasonable risk to the public health and safety;" (10C.F.R.,S110.44)

It is my firm conviction that there is "an unreasonable risk to the public health and safety" not only of the Filipino people but of the American people posed by the export of this reactor.

The roughly 30,000 U.S. citisens-- both military and civilian--

employed at the U.S. military bases at Clark and Subic in the Philippines would be threatened along with the Filipino population in the event of.a major nuclear accident. As I have already men-tioned, there is ample evidence to suggest that such a nuclear accident is a realistic and grim possibility. The NRC should solicit all such evidence and any other information bearing on the health, safety, and environmental risks posed by the export of this reactor through public hearings. Siy belief is that, after a thorough and professional review of the available evidence, the Commission will find.that the only reasonable decision is to deny the application of Westinghouse for a license to export this reactor. On behalf of the Coalition Against Reactor Exports (Coa-lition CARE), of which I an a member, I respectfully request that you deny the license.

2Lud CCm m David O'Connor v4 Subscribed and sworn before me this d' th day of Hovember, 1979, at the city of Mountrain-View, California.

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EXHIBIT I Report on Human Rights Practices in Ccuntries Receiving U.S. Aid -- Report Submitted to the Committee on Foreign Relations, U.S. Senate, and Committee on Foreign Affairs, U.S. House of Representatives, by the Department of State (Pages 395-407) -

February 3, 1979 Joint Committee: Print I

THE PHILIPPINES The new philippine Constitution provides fer a democratic parliamentary form of government. However, governmental powers are concentrated in the hands of the Executive headed by President Ferdinand E. Marcos, who has ruled under martial law since 1972. Martial law was described initially as a temporary measure to restore order. More recently the Government has claimed that it is an ef ficient means of bringing about needed econcmic and social ref orms and a necessary means of combatting continuing Muslim and Communist insurgencies. Martial law has resulted in the suspension of democratic for:-s of government and in the serious curtailment of the human rights of many citizens. The Government has

, publicly acknowledged the need for better control over

' the military follcwing reports of abuses of civillans, I some of which received wide publicity in the Manila I press.

The Philippine Government states that it wishes to pro-mote policies of respect for human rights, and in the past year there have bee n releases of political

• prisoners, although several hundred remain under military detention. The Government also has eased some civil restrictions, but only very limited steps have yet been taken toward S e restoration of democratic government and the full <xercise of constitutional rights. As part of this process, elections, the first since martial law was declared in 1972, were held in April 1978 for seats in a new Interim Legislative Assembly (which has little substantive authority).

' There were unconfirmed but credible reports of wide-spread vote frh y impreper Government influence and some restrictions on the opposition during the elections.

Government programs in the areas of food, health, shelter and education have had favorable results in some areas, but the widespread poverty generally has not been reduced. The Government has given priority to the agricultural sector, and has achieved

)hhf \

self-sufficienc'y in rice production since 1976-77.

Corruption remains a pervasive f actor in the Philippine

. e co ncmy .

Active insurrections continue in cutlying areas of the Philippines. A Maoist-oriented insurgency has been under way for many years in several areas including rural Luzen. A more serious pecblem is posed by the -

Muslim insurgency in Western Mindanao and the Sulu Archipelago. The Government has attempted to deal with this insurgency through a variety of measures including military action, negotiation, amnesty offers, regional economic development programs and the grant of a limited degree of autonemy. The Government re cently announced that regional elections in the Muslim areas will be held in May or June of 1979. On occasion pitched battles have occurred between Government troops and rebels, with serious lossus and charges of abuse en both sides. In addition, many civilians have been killed and, on occasion; homes have been destrcyed.

1. Respect of the Integrity of the Person, Including Freedom from:

a. Torture The Philippine Government has declared that it is

" unconditionally against maltreatment of detainees" and claims that it takes appropriate steps to prevent such maltet-te<-t. In 1976 and 1977 Amnesty Inter-na tiona A , the Association of Major Religious Superiors of the Philippines and the International Commission of Jurists published reports which stated that investigations had shown evidence of torture of political detainees, largely by special internal security units during the initial interrogation period. There have continued to be credible reports of torture in 1978 as well as of the involverent of military units in abductions and murders of dissi-dents as an alternative to their arrest and imp risonme n t. However, there has been a marked reduction in such reports in Manila during this past year.

In late 1917 and early 1978 the frequency of torture in the Manila area apparently declined, except during the period shortly af ter the April elections. During this

. (396) 1442 64

period Jesuit set rees reported the death of one young -

man in detention. allegedly f rom physical abuse. A joint military-civilian investigation of the death ruled it was due to natural causes, a conclusion that was publicly challenged. The Association of Major Religious Superiors of the Philippines cited six specific cases of alleged torture in May. Three military personnel, one of whom had been identified as the torturer in earlier instances, were named as the perpetrators in these cases. The Defense Minister ordered an investigation of the charges made in the Association's report, and in late autumn a military court was created to try the three. The Associatien has not reported any further cases of torture in the Manila area since that time, but has stated that abuse of political detainees in other parts of the country continues. Examples cited in its periodic reports include the alleged manhandling and torture of eight f armers in a detention camp in Leyte in July and the claimed torture of a political detainee in Caraycayon in August.

b. Cruel, Inhuman, or Degrading Treatment er Punishment Physical conditions in many jails have been described by observers as poor, although political prisoners are not. assigned to worse than average f acilities and are of ten assigned to better. The Subcommittee on International Organizstions of the House Inter-national Relations Committee reported in July 1977 its conclusion af ter " extensive testimony" that some political prisoners hsve been subject to " cruel, inhuman, and degrading treatment." Some claim they have been confined for as long as eight months in small isolation cells used for punishment of recal-citrant prisoners. In general, however, detention facilities for accused subversives have been improved considerably since 1974-75.

Beginning in the latter part of 1978 there was a sig-nificant increase in media coverage of alleged abuses of civilians by the military and of Government countermeasures. In December 1978 Cefense Minister Errile ordered the relief of the entire 60th Battalion ot the Constabulary because of numerous reported (397) 1442 165

abuses against civilian populations in northern Lu:en.

~

The Government has claimed that more than 3,000

• of ficers and men have been disciplined since 1974 for crimes ranging f r*m murder to indiscriminate firing of arms and that over 2,000 cases against military per-sonnel are still pending resolution. In early 1978 the Government reported that of 136 military personnel accused of violating the . rights of detainees, 62 had been punished and fourteen acquitted, while the remainder were still under investigation.

c. Arbitrary Arrest or Imprisonment By law, detained persons must be inf ormed of the cause of their detention and are guaranteed access to counsel and their immediate family. These rights have sometimes been abridged for political detainees during the period immediately after arrest. Allega-tions of arbitrary arrest continued during the year.

Since the institution of martial law, many prisoners have been detained for long periods without formal charges or trial. Persons held have few ways of obtaining impartial judicial consideration of the grounds and conditions of their detention. In Feme cases appeals for habeas corpus have been heard by the Supreme Court, out in no case has the Court ordered the release of a suspected subversive.

This year the Government announced a policy of Zoster-ing " national unity and reconciliatien," which has included large-scale releases and amnesties of de-tainees, the most recent in September 1978. Although more than 3,000 persons -- most of whom were under military jurisdiction -- were named, a substantial but still unknown number of thes6 had already been released frem detentien pending trial. The Government counted 461 "public order violators" held in military custody at the end of 1978 as compared with its figure of 620 held one year ea-lier. Church sources for the past two years have consistently estimated political prisoners at 500 to 1,000.

d. cenial of Fair Public Trial Most persons accused of crimes continue to be tried in regular civilian courts and to receive public trials.

(398) 1442 166 4

Military tribunals, in addition to their jurisdiction over military law cases, still have jurisdiction over -

pending cases involving alleged subversion, rebellion, espionage, arsen, use of firearms and explosives in the ecmmission of a murder or robbery or crimes which undermine the security of the state. .' .e se trials are open to the public but are generally conducted inside military reservations, and observers are photographed by the military. In a Letter of Instruction dated November 27, 1978, President Marcos directed t' hat all future criminal (including subversion) cases be tried by civilian rather than military courts.

Most prisoners held under military jurisdiction for security or political offenses have been permitted access to their families and lawyers early in their detention. Cnce a prisoner has been charged by a military commission, a judge advocate is. appointed as defense counsel unless the prisoner retains his cwn attorney. Attorneys who represent such clients are not subjected to harassment.

In January 1978 .he Philippine Government announced that the 22 part-time military tribunals then function-ing would cceplete the cases before them and then disband. Cefense Minister Enrile gave these tribunals three months to complete their work; by mid-July, however, only.seven of them had actually been phased out. Enrile also established ten new f ull-time mili ta,ry tribunals to hear some 1,500 remaining cases not yet assigned for trial. The recent releases and annes ties have helped reduce this considerable backlog of cases, which had all but engulfed the military court system.

In 1972 the President required all icwer court judges to submit undated letters of resignation. Although he may remove any of these judges at any time by accepting the letter of resignation, he has made very little use of

• hese letters to dats. Under the provisions of the new Constitution, administrative supervision over Icwer courts evidently passed from tne Executive Branch to the Supreme Court in May 1973. The Prime Minister has the constitutional authority to remove Supreme Court Justices by appointing their successors, but he has not done so.

(399) 1442 16J7

a .

e, 400

e. Invasion of the Home The Philippine Constitution of 1973 provides that the rights of the pecple to be secure in their persons, houses, papers and effects from unreasonable searches and seizures shall n.ot he violated and that search warrants shall be issued only upon probable cause as determined by a judge or such other responsible of ficer as may be authorized by law. Under marrial law pcwers the President may issue an arrest, search and se'.zure order on the basis of probable cause. In the past scme arrests have reportedly been made without presentation of a legal warrant.

2. Governmental Policies Relating to the Fulfillment of Such Vital Needs as Food, Shelter, Health Care and Educatien The Philippine econeny is still basically agricul-tural, but has a growing industrial capability and a developing services sector. Governmental developetnt programs have concentrated on improving agricultural production, population control and land reform, leaving industry, mining and large-scale agriculture in the hands of a small number of cerporate interests, many with clcse ties to the political leadership. The pattern of private sector ownership continues along traditional lines. The Government has encouragej private foreign and demestic investment in priority manufacturing fields and in labor-intensive and export-oriented industries.

Inequitable distribution of the social and econcmic product and traditional patterns of corruption remain problems. The primary factors limiting access to focd, shelter, health care and education in the Philippines ,

however, are the eeenomy's inability to provide fully the necessary goods and services, severe distribution problems witlin the archipelago and the substantial growth rate .n the population. In December 1978 President P;rcos anncunced the activation of a special tribunal naving jurisdiction over cases of graft and cor; 4 c practices involving public of ficials and emple' ees and the creation of an ombudsman /presecution bedy sith powers to ' investigate ecmplaints involving pub *.ic officials.

)k 2 b

401 Education is widely available up to and including the university level, and educational opportunity is a major factor in a remarkably unrestrained upward mobility within the society.

Ef forts to provide the rural inf rastructut e needed to support increased agricultural production and to improve the quality of life in rural areas have made gains over the past five years. Assistance to agricul-tural production has been reasonably effective.

Agricultural land is becoming scarce, however, and excess agricultural labor has migrated to the cities.

A major contributor to this poverty and landlessness is the birth rate in rural areas, which is substantially higher than the overall national rate of 2.8 percent.

The land reform program applies to land devoted to rice and corn production and made commendable progress in its early years when it dealt primarily with la rge holdings. Attention is new focuced on small and medium size holdings, and this area of reform is proving a more difficult task. The land reform law doe s r:~. opply to land used for plantation export crepa such as sugar ar.1 coconu t.

World Bank data show per capita Gross National Product as having increased, before discounting for inflation, from S260 in 1972 to S460 in 1977. After adjusting for inflation and population growth, the real per capita growth rate for the period 1973-77 was 3.8 percent annually, compared with 2.6 percent annually from 1965-73. Despite the fact that the Gove rnment has steadily increased .the budget share devoted to inf ra-structure from 11.0 percent of the total budget in 1975 to 13.9 percent in 1978, low commodity prices and the global economic recession have severely limited real economic growth. A 1977 World Bank report states tentatively that f rom 1971-75 there may have been a

'small reduction in the extent of poverty." Philip-pine opposition spokesmen claim that per capita incere, adjusted for inflation, is icwer today than prior to martial law. Philippine income distribution is far from equitable, although some in!cema tion indicates that the situation may be improving slightly. With respect to rural-urban distribution, the 1977 World Bank report concluded that real incomes in rural areas have probably increased somewhat, while real W

402 urban incomes have remained roughly constant. Other studies have shown the rural poor may new be poorer,

• however, and rural landlessness appears to be increasing at a steady rate. The high rural birth rate, as noted abcVe, is an exacerb'ating factor.

Measurable improveme,ts in the health of the population are reflected in increases in life expectancies and declines in inf ant mortality rates between 1970 and 1976. Life expectancy at birth advanced from 56 years in 1970 to the current 58 years, while the infant mortality rate declined f rom 80 deaths per thousand live births in 1970 to 74 per thousand in 1976.

Population pressure is a serious constraint on both present and future per capita productivity. Government achievement in the f amily planning field can be seen frem the reducticn in the birth rate from approximately 3.1 percent in 1970 to 2.8 percent today.

3. Respect for Civil and Political Liberties, Including:

a .' Freedom of Thought, Speech, Press, Religion and Assembly The Government's encouragement of study abroad and the wide availability of education throughout the country result in substantial access to a broad range of ideas and publications. A good selection of books and periodicals available in the United States is similarly available at local ~ bookstores and newsstands in the Philippines. Government media censorship organizations were abolished in 1974 and there is open access by foreign media. The local mass media, hewever, are controlled almost entirely by persons sympathetic to the Government, although small opposition-oriented publicatiens have been circulated. Speeches critical of Government policies occur with relative frequency in various public forums and have of late been reported increasingly in the media. The Government's of ficial position is that it welcores dissent but will not tolerate subversion.

Churches and mosqu.s are epen for worship and religious freedem is fully respected. Members of religious organizations have never been harassed ce imprisoned for either doctrinal belief or ceremonial cbservance. The 1442 170

. e. .

403 Covernment has taken action against some membe s of the clergy for their alleged involvement in -nat the Gove rn- ,

ment considers subversive activities.

Twenty-four Filipino and foreign priests, nuns and lay workers were accused of incitement to sedition and scurrilous libel against the Philippine Government through two publications (The Communicator and Sions of the Times). The publications were closed down in II7T7 although none of the persons accused was detained or prosecuted. In July 1978 the military was ordered to drop the charges against all 24 of them but did not return their printing equipment. Successor publica-tions have appeared and have been tolerated by the Government. Two church-owned radio stations in Mindanao were also closed in 1976. Although charges against the operators have been drcpped, the stations have not be en allowed to.re-open.

There is substantial abridgment of freedom of assembly, particularly in the case of oppositionist political activity. A " free debate" period was declared preceding referenda and the April election for the new Assembly, during which oppositionists organized well-attended rallies and distributed campaign literature critical of the Government. Outside such " free debate" periods, the Government has tightly controlled oppositionist rallies and demonstrations. Unauthorized demonstra-tiens are broken up by police. On. April 9 an unauthor-ized march protesting the conduct of the just-held elections resulted in the arrest of over 600 persons, although charges against all of them were decpped by June,

b. Freedom of Movement Within the Country, Foreigt Travel and Emigration Domestic freedom of movement is basically unimpaired.

kestrictions apply to certain areas of Mindanao and the Sulu Archipelago, where the Muslim insurgency has been post active. In August 1977 the nartial law curfew (midnight to 4:00 a.m.) was lifted threughout the nation except for certain areas of insurgent activities. In the same month the general restrictions on temporary travel abroad by Philippine citizens were lifted.

Travel restrictions are scmetimes placed on former

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404 political prisoners released en a temporary basis. Some degree of restriction on travel abroad still is apparently in effect for critics of the Government. Cecasionally, prominent persons critical of the Government have had difficulty obtaining exit' documents. There have been a few incidents in which Filipino travelers, whose names are found on lists maintain 2d by the military, have been delayed at the airport. In most cases oppositionists and their families have been allowed to travel abroad.

There is no general restriction on emigration.

c. Freedom to Participate in the Political Precess When martial law was imposed in 1972, the democratic government under which the Philippines had been governed since independence was suspended, and most restraints on executive power were removed. At the same time public order has improved. The Supreme Court has upheld the Government position in all cases challeng-ing the exercise of martial law powers, although its decisions have not been unanimous. The Congress was replaced this year by an Interin Legislative Assembly

-- lacking substantial powers -- which is Government-dominated. During the election campaign, opposition candidates were allowed to or7anize and speak out relatively freely, although the pro-Government media restricted their access to the general public. President Marcos, who automatically became Prime Minister when the Assembly convened, announced that he was voluntarily relinquishing his right to issue executive decrees in place of legislation, although he and the Solicitor General have stressed that as President, he still retains the authority to

• legislate." It is still not clear hcw lcng the Assembly will sit before it organizes elections for the permanent legislative body, as envisaged in the new Constitution.

Popular election of local government officials has been supplanted by Presidential appointment in recent years.

These officials have become, in effect, extensions cf central authority. Local elections, promised f or late 1978, have been postponed with no date set.

Since the imposition of martial law, the Gove rnment has established a new basic precinct level of citi-mens' assembly, the barangay, designed to be a forum for conmunity discussion and action. Barancay officials, 1442 172-

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the lowest level of public officialdom, participate with (formerly elected) city and provincial councils in local government.

There is universal suffrage in the Philippines. Since the imposition of martial law, the Government has en five occasions held referenda or plebiscites on issues of public policy,. including amendrent of the Consti-tution, with the population voting either in public meetings or by secret ballot. During the " free debate" periods immediately preceding these referenda, a u tho r-ized opposition groups were allowed to hold public rallies, given limited time on radio and television to debate referendum issues, and allowed to distribute propaganda ma terials. All referenda, including one on December 17, 1977, to af firm President Marcos in office, resulted in overwhelming (90 percent) af firma tive votes. The lack of alternatives in balloting and the degree.of Government control over the process have raised questions as to the validity of the referenda, the conduct.of all of which were criticised by the opposition.

Political parties, while not outlawed (except for the Maoist Communist Party), effectively disappeared until this year's Assembly campaigns when three principal parties were formed: the pro-Government na tionwide Kilusang Bagong Lipunan (KBL) party; the Lakas ng Bayan (LABAN, led by imprisoned former Senator Benigno Aquino) party in Manila; and the Pusyon visaya (anti-KBL but not clearly anti-Government) party in the Cebu region. The non-KBL parties were accorded a sub-stantial degree of freedom to campaign. Aquino, while not released from detention, was permitted an uncensored television interview and a press conference to answer public charges against him.

There were widespreadr 'eports that the conduct of the actual election was marred by substantial vote fraud and by the full use.of the Government machinery in support of KBL candidates. The announced results were a sweep for.the KBL, with Mrs. Imelda Romualde: Marcos, the President's wife, leading the ticket in Manila. The Pusyon Visaya party won all 13 seats in Cebu, and, with two exceptions in Mindanao, the KBL won all other seats nationwide. ,

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. *The Government encourages trade unionism and collective bargaining, although the dominant trade union confedera- -

e tion rarely takes positions different from those of the Government. There are nearly 2,000 registered collective bargaining agreements f reely negotiated between the parties. Although there is a Government ban on strikes in " vital industries," this ban is often ignored.

Legally registered trade unions have in the past two years filed 453 notices of intent to strike and have conducted 121 actual strikes without suffering penalties.

The Government becomes involved as a conciliator er compulsory arbitrator only when a strike or the threat of a strike occurs. Many rural plantation workers are not represented by any labor organization.

Although legislation, such as minimum wage laws, exists to protect these workers, enforcement is very limited.

4. Government Attitude and Record Regarding Inter-national and Non-Governmental Investigation of Alleged Violations of Human Rights The Philippine Government has cooperated with outside observers interested in the status of human rights in the Philippines and has facilitated their contacts with detainees. Teams f rom the International Committee of the Red Cross inspected Philippine detention centers in March 1973, November and December 1974, July 1976 and. September 1978. An Amnesty International mission visited the Philippines in November-December 1975 and issued a critical report in September 1976.

Representatives of the International Commission of Jurists visited the Philippines in 1975 and 1977 and issued a report on August 3, 1977, strongly critical of the treatment of civil and political rights. The Philippine Government has been willing to discuss human rights questions with representatives of the U.S. Government.

U.S. Congressional and Executive Branch visitors interested in human rights matters have been received, but the Government has publicly inveighed against what it considers interference in internal af f airs. It has also complained about biased foreign press coverage of the human rights situation, although allowing foreign media virtually free access. The Government does not interfere with the activities of the Association of Major Religious Superiors of the Philippines, a task (406) i442 174

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force of which prepares studies on detainees and issues -

periodic lists of persons arrested, released, allegedly harmed by Government authorities ce missing and believed to have been arrested.

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a, J< T,.u. .:.c.

, , m. .. .., C r PEC w% ..., EXHIBIT II The Committee of 26, a group of North American Christians concerned about issues in-volving human rights, especially the basic right to life, condemns the construction of the Westinghouse nuclear power plant in Morong, Bataan, Philippines.

The key agents of this billica dollar project are the U.S. State Depar tment , several American transnational ccmpanies, the American taxpayers, and the Christian communities.

In a spirit of humble concern the Cc=mittee urges them to consider the following facts:

Construction has started on a $1.1 billion nuclear power plant by Westinghouse Corporation. Of this amount, the U.3. Export-impor Bank (EXIMEANK), an American taxpayer supported agency, has loaned S644 million as part of the financing for the project. Anothe:

5200 millien are leans by private American banks, and the balance is to be raised by the Philippine government frca local taxation.

The International Atcmic Energy Agency Safety Missicn determined that the plant site is likely to experience a quake more severe than the plant is designed to withstand.

The area in the Philippines has an active volcano in the neightcrhcod and is in an earth-quake zone. The Westinghouse plant is based en a design originally used en a plant whose construction was stopped in Puerto Rico in 1972, on the very same question of seismological cenditions of the plant site.

President Carter's Commission on the accident at Three Mile Island pointed cut in October that fundamental changes must be made in the way nuclear reactors are made, operated and regulated. Subsequently, the U.S. Nuclear Regula: cry Ccmmission decided on Novemcer 5 that it will not permit utilities to operate or construct reactors fer at least six months, and pcssibly as long as two years.

A specialis in nuclear safety of tne International Atemic Energy Agency, Dr.

Morris Rosen has pointed out that the reliability and dependability of at clear reau; ors are not subjected to detailed review by the regulatory bcdies of the exporting countries.

Nevertheless, the U.S. State Department recommended on September 23 that the Nu, lear Regulatory Occmissicn issue an export permit to Westinghcuse for its reactor for the Philippine plant.

The University of Philippines' Office of Research and Publication saia : hat the current cost of the Bataan nuclear plant represents three times the annual agricultural investment in the Philippines - a nation where 71% of the population is rural, 973 of the households lack running water, and 8 million children suffer frca malnutrition.

The plant will not supply electricity tc the people but will service U.J. military bases and the Free Trade Zone where multinatienal companies like the Ford Motors stamping plant stand to benefit.

The Archbishop of Manila, Jaime Cardinal Sin, the National Secretariat of Social Action (NA33A) of the Catholic Bishops Ocnference cf the Philippines, and the Associatien cf Majer Religicus Superiors cf the Philippines have all protested against the constructicn of the Eataan nuclear power plant.

In light of these facts, the Ccmmittee of 26 strongly urges:

1) that the U.S. State Department reverse its earlier September 23 decision asking the Nuclear Regulatory Ccemission to isse an expert permit to Westinghouse;

2) that the participants in the San Francisco Ccnvention of nuclear prcducers and suppliers desist frem experting nuclear equipment which may be extremely profitable tc them, but moJ: harmful to human life;

3) that the American taxpayers register their protest eith the State Departmen; and the Nuclear Regulatory Cc= mission against continued subsidy of this nuclear project, which represents highly inflationary governmental spending; L) that Christian communities in North America shcw solidarity with the churenes in the Philippines, including the voiceless majority, and beceme a voi:e for them before -

agencies and ccmpanies in the United States that pursue profit-making in uncenscionable 4] }J{

disregard for human life.

(The Committee of 26 is a grcup of North American Christians ccacerned about U.S. Economic and political policies abroad as they affect the human rights of individuals and communities It was initially concern ~ ~ ,~ eorganized r '

around concern for Nicaragua and has recentiv excanded this

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