Death penalty, EJK issues threaten Phl’s GSP+ status

MANILA, Philippines -  The European Union (EU) has raised anew its concerns over recent developments in the country, particularly those involving human rights.

“We are concerned about the issues here in the Philippines,” said EU Trade Commissioner Cecilia Malmstrom yesterday, citing the planned reinstatement of the death penalty, alleged cases of extrajudicial killings, and a proposal to lower the criminal responsibility age from 15 years old to nine years old as particular areas causing alarm to the member countries of the trade bloc.

“These are some concerns we have conveyed to our partners here in the Philippines,” Malmstrom said.

The House of Representatives approved on third and final reading on Tuesday the bill restoring death penalty in the country.

“We have now an agreement between us called GSP plus (GSP+) which opens up good trade possibilities, but is also subject to certain international conventions. So the European parliament and member-states in the EU have some concerns about this development. We are discussing this with our partners in the Philippines,” Malmstrom said.

The proposal to revive the death penalty, along with the alleged cases of extrajudicial killings in the country, have placed at risk the GSP+ status the Philippines currently enjoys with the EU.

The Philippines was granted beneficiary country status under the EU-GSP+ in December 2014, allowing the country to export 6,274 eligible products duty-free to the EU market.

The country’s beneficiary status under the GSP+, however, necessitates the implementation of the 27 international treaties and conventions on human rights, labor rights, environment and governance.

Asked on whether the Philippines’ GSP+ status would automatically be removed should the country reinstate the death penalty, Malmstrom said this would have to be discussed further as it develops.

Trade Secretary Ramon Lopez, meanwhile, said the government is now preparing an appeal should these concerns become official threats to the EU GSP+ privileges the country is receiving.

“At present, there is really no threat. But just in case, we are preparing and anticipating that there should be an appeal saying that please work with us, try to understand why we are doing these things, we have a very bad drug problem,” Lopez said.

But at the end of the day, Lopez said the government would not be swayed by positions of other nations in making decisions which we believe are good for the country. “Of course it concerns me but we have to do what we have to do. We are independent. You know the position of the President and to me I prefer that because it gives us the dignity to really decide on what is really good for our economy, peace and order, security. Philippines should always be first,” the country’s trade chief said.

“Assuming they do come up with a decision that will depend on those developments in our country, we will try to negotiate and appeal for a retention of the GSP+. If it’s purely for commercial purposes, then we believe cooperation and development should continue. To me, the non-commercial policies that the country will adapt should not be linked to that,” Lopez added.

Philippine Chamber of Commerce and Industry president George Barcelon, for his part, said he is hoping the EU would have a change of heart in regards to its view of capital punishment as to not hurt Philippines and EU trade with the country’s planned revival of death penalty.

Barcelon said there is hope the EU would reconsider its stance on death penalty given the rising number of extreme terrorist attacks in Europe.

“I don’t think it will affect investors, except those in Europe because in Europe, when we agreed to certain terms, some of these are conditional,” Barcelon said, referring to the EU GSP+.

“But hopefully they understand also. They might rethink. Like in Europe, they are facing now also extreme terrorists, people who care less about others. Up to a certain point in time they might change their mind. By a certain time, they may have to change their thinking,” he added.

Business groups have no unified stance at present on the issue of the planned revival of death penalty in the country.

Management Association of the Philippines national issues committee chairman Perry Pe, however, believes reinstating capital punishment in the country would have no major impact to the local economy, particularly to its attractiveness to foreign investors.

“Just look at Singapore and Malaysia. These two neighbors of ours have death penalty and look where they are now. For business, its best to have predictability so that everyone follows the law. It’s not authoritarianism but pure and simple respect of law,” Pe said.

For his part, PCCI honorary chairman and Philippine Exporters Confederation Inc. president Sergio Ortiz-Luis Jr. said he is personally in support of it.

“The reason saying that it will not solve (the crime situation) is very lame. To me it’s common sense that if there is a deterrent like that, it will certainly deter some people. It certainly will not solve the problem completely, but it is just a common sense that it will serve as a deterrent,” Ortiz-Luis said.