Remarks by
Ambassador Francis J. Ricciardone 
As prepared for delivery to the
Philippine Bar Association
Foundation Day Celebration
April 25, 2003, 7:30 pm

Maganding Gabi, sa inyong lahat!  President Dela Cuesta, Members of the Board of Directors, Ladies and Gentlemen:  I am honored to join the Philippine Bar Association in celebrating the 112th anniversary of your foundation.  I was proud to learn that your organization draws its origins not only from the Colegio de Abogados de Pilipinas founded in 1891, but also from the American Bar Association of 1900. You have a distinguished history and roster of past and present members, including Apolinario Mabini, Gregorio Araneta, Claro Recto, Jovito Salonga and of course, our present company.  I am also honored that you have asked me, as the first non-Filipino and member of the Diplomatic Corps ever to speak at a Foundation Day celebration.

The Philippine Bar Association has shown its commitment to democracy and the rule of law during times of national crisis, for example, in condemning the proclamation of martial law in 1972, and in calling for the resignations of Presidents when you felt they had betrayed the mandate given them by the Filipino people.  But equally important is the work that you undertake to strengthen democracy and the rule of law every day: the work of your committees on Alternative Dispute Resolution and Human Rights; your lecture series, like Attorney Lotilla's updates on banking laws; and even today's golf tournament, raising funds for public services such as legal aid services for those in need. 

Of course, the Philippine Bar Association promotes much more than the Philippines Golf industry.  The motto of the Bar Association, "For the Rule of Law" describes a cause dear to all of us who advocate to make the world a better place.  And there is no more important or worthy advocacy than that for the rule of law, within our own countries and across the globe. 

In fact, I accepted your kind invitation to converse with you tonight precisely because of your motto.  I see strengthening the "rule of law" as central to winning the war that our countries together are waging on terrorism. Some argue that poverty breeds terrorism. I propose, rather, that the weakness of the rule of law spawns both poverty and terrorism. 

We have seen the consequences of the absence of the rule of law in Iraq, where the former regime of Saddam Hussein monstrously violated the rule of law.   In the process, he poisoned civil society and deprived a generation of Iraqis of first-hand experience of the rule of law.  The world is watching the results of his legacy of lawlessness in horror. 

Four years ago, we started working with free Iraqis to help plan for the transition now underway.  In fact it was my privilege to launch this effort, as the Secretary's of State's Special Coordinator for the Transition of Iraq, from 1999 to 2001.  Now known as the "Future of Iraq Project" this initiative brought together free Iraqis -- lawyers, engineers, doctors, and other professionals.  They developed plans, proposals, and professional associations for rebuilding their country and restructuring its institutions, and created a vision of a democratic and prosperous homeland 
(For more information about this project and the Iraqi Jurists Association, please visit http://usinfo.state.gov/products/pubs/dutyiraq/ and www.ija.org).

Dr. Tariq Al Saleh, a former judge and now President of the Iraqi Jurists Association, and his wife, author Rakiah al-Kayssi, are two  leaders in this process.  This distinguished Iraqi couple and  other members of the Working Group on Transitional Justice drafted 600 pages of proposed reforms of Iraqi Legal Code.  Dr. Al-Saleh has spoken publicly, most recently with journalist Ricky Carandang right here in the Philippines via videoconference, about transitional justice in Iraq. 

It is hard for Filipinos and Americans to imagine, but those who have lived all their lives under dictatorship may not even grasp the basic meaning of the term "rule of law."  We recognize this term as the embodiment of  fundamental principles of fairness and equal treatment of all people before the law.  In multi-ethnic, multi-cultural democracies like the ours, the rule of law mediates and balances between such seemingly contradictory principles as majority rule and minority rights, and the welfare of the community and the nation versus the individual's "right to life, liberty, and the pursuit of happiness." 

        The United States, through our diplomatic missions and international development and financial programs, advocates for the Rule of Law internationally as the best formula for democracy and sound market-based economies. We see civil and commercial codes that respect and protect private property and the sanctity of contracts as keys to a strong economy. 

The rule of law has three fundamental components: The first is constitutionalism: there must be a fundamental statement of what a nation endorses as its rules and shared values. The constitution is the standard against which people measure the actions of their government.  The vibrant debate among Filipinos about whether a Charter Change is necessary reflects your grasp of the centrality of the constitution for the rule of law and protection of your freedoms.

The second component is the concept that "law governs all, including the government." History offers too many examples of governments which set laws and rules for ordinary citizens to obey, but which the governments themselves ignore; the former Iraqi dictatorship being a case in point. 

A third core component is the presence of an "independent judiciary," which must be impartial and objective to sustain the people's confidence.  In the Philippines, Under Chief Justice Davide's leadership, the Supreme Court has undertaken many reforms to strengthen the entire judiciary, ranging from curbs on the rampant abuse of temporary restraining orders, to setting up mediation systems.  Indeed The Philippine Bar Association has contributed to this important endeavor.  Last year your Association conducted a series of seminars on Alternative Dispute Resolution, or ADR, convincing lawyers that ADR actually helps the business of law by decongesting court dockets. 

In addition to the three main theoretical concepts I have just mentioned, enforcement of the law itself is also an essential element in enabling the rule of law.  As President Arroyo has stated, a strong republic can only be built by "breaking the back of terrorism and criminality." 

A few weeks ago, a Regional Trial Court handed down the Philippines' first-ever conviction for intellectual property rights infringement, in this case, by foreigners in your country.  The cross-border theft of intellectual property is another manifestation of the growing "globalization" of crime, threatening the national security and prosperity of free peoples and free economies everywhere.   Our governments, and NGOs such as yours then must cooperate ever more intimately in confronting such criminals.  And I am pleased to report that the United States and the Philippines are further strengthening our already excellent collaboration against international criminals. 

Let me highlight a few examples: Our cooperation ranges from training, to policy and legislative consultation, to the day-to-day collaboration of law enforcement officials in investigation and intelligence exchanges. 

Our law enforcement agencies provide world-standard training to Philippine government colleagues.   More importantly, our officers work side by side in joint investigative work that reinforces skills on both sides and improves our successes against criminal threats to both our peoples.  For a recent example, last month the FBI sent technical experts to assist in investigations of two recent bombings in Davao in which we lost both Filipino and American victims. 

On July 4, 2002, President Macapagal-Arroyo signed the Comprehensive Dangerous Drugs Act of 2002.  This landmark legislation created the Philippine Drug Enforcement Agency (PDEA) to spearhead the fight against the illegal drug trafficking that tragically weakens civil society in your country and mine.  It also has boosted international law enforcement cooperation to protect our people from the drug threat.  Terrorist groups such as the New Peoples' Army and the Abu Sayyaf have clear links to this global threat.

Our own Drug Enforcement Agency works closely with the new PDEA on operational matters.  Our DEA provides technical assistance to Congress to further strengthen counter-drug legislation and the PDEA's authorities and capabilities.

Like lawyers, diplomats are also advocates, and we are currently advocating support for your Government to help strengthen your Republic and ours in the global war against terrorism.  We hope the Philippines Bar Association will find it fitting to join in advocating two sets of measures in this cause.  First, we hope the Republic of the Philippines will accede to all 12 United Nations' counter terrorism conventions.  Second, we hope that the Congress and Administration will soon conclude their hard work on a strong Anti-terrorism Bill.  These legislative measures would certainly strengthen the rule of law for the greater security of Filipino citizens and for the larger world community. 

Besides our law enforcement agencies, the United States Agency for International Development (USAID) supports your Government's programs to strengthen the rule of law in three priority areas: legal reform, the administration of justice and citizen access to justice.  For example, we helped make possible Supreme Court-sponsored training of Court of Appeals-level mediators last year, some are members of your Association's Committee on Alternative Dispute Resolution.  We also support the Supreme' Court's "Action Program for Judicial Reform" to improve the delivery of judicial services through training and research on topics ranging from Alternative Dispute Resolution to improved bankruptcy procedures. 

At the local level, we support the Barangay Justice Project. The results have been dramatic:  In 2002 in the municipality of Jordan on the island of Panay, only one out of 97 civil cases brought to the Barangay Justice System made it to the municipal court level.  In Roxas City, from 1999 to 2000, cases brought to the prosecutor's office decreased by 53%, while the backlog of pending court cases dropped from 6,000 to 2,000.  This project has revitalized the Barangay Justice System as an effective, inexpensive and accessible means of dispute resolution, particularly among the poor. We are planning to offer this system to barangays in the Autonomous Region of Muslim Mindanao over the next three years.

At the direct request of President Macapagal-Arroyo, the Embassy legal team is expanding, and this will strengthen our cooperation with Philippine legal authorities to build cases to extradite criminals in both directions and prosecute them successfully. 

26 US government agencies are represented within the US Mission to the Philippines.   Seven of these are law enforcement agencies.  Let me introduce some of the members of the Embassy's Law Enforcement community who are with us this evening, precisely because they would welcome the opportunity to work more closely with you:

First, US Department of Justice Attache Jeff Cole recently arrived in the Philippines to assist in extraditions, provide legal support in criminal investigations and consult with the Government on criminal legislation. There are US Department of Justice attaches in only four other countries in the world: Italy, France, the United Kingdom and Mexico.  Other key members of our law enforcement team here this evening are:

· Dave Meissner, Customs/Dept. Of Homeland Security, a Manila veteran 

· Newly arrived Mark Connell, of the Drug Enforcement Agency

· Also newly arrived Steven Cutler, Embassy Legal Attache (DOJ) 

· Another veteran, Brian McPhee, of the Naval Criminal Investigative Service

· And another new arrival, Ms. Bert Williams, of the  Transportation Security Administration (formerly FAA)

In advocating for a "strong republic," President Macapagal-Arroyo has committed herself and the country to the cause of the rule of law espoused by the Philippines Bar Association.  In January at Malacañang, I heard the President say: ".I want justice to be so pervasive here in the Philippines, that it will be taken for granted, just as injustice is taken for granted today." 

We Americans support your government, and you, in this noble and vital cause.  We have every confidence in your success.   We salute you and congratulate you on this anniversary of the Bar Association of the Philippines.  May you celebrate many more as defenders of justice, and champions of the rule of law. 

Maraming Salamat, sa inyong lahat at Mabuhay!
 
 

###