Okinawa Rape Case in P.I. Media

ABS-CBN News
Women's party leader to check on 'rape victim' in Okinawa
7/16/2008 10:42 PM

Global Nation
Gabriela in Japan to probe alleged rape of Filipina By Abigail Kwok
First Posted 18:09:00 07/16/2008

Not all is lost for Pinay in Okinawa rape

By ESTRELLA TORRES
Business Mirror Reporter
Pinoy Migration, 7/3/2008 9:00 AM

An official of the Department of Foreign Affairs (DFA) said the US military has agreed to conduct court-martial proceedings against an American soldier accused of raping a Filipino woman in Okinawa, Japan.

Esteban Conejos Jr., foreign affairs undersecretary for migrant workers affairs, said the Philippine consul general to Tokyo, Sulpicio Confiado, reported to him that the US military “will entertain” the hearing on the alleged rape incident that occurred in a hotel outside the US military base in Okinawa, on February 18.

The rape charges against the US soldier were dismissed earlier by the Naha prosecutor’s office for lack of merit. The decision has prompted the Philippine government to look at two options: to appeal before the prosecutor and to seek court-martial proceedings with the US military.

“The US military has taken cognizance, assumed jurisdiction of the case,” said Conejos. The DFA official said Confiado called him on Tuesday and asked for authority to hire another lawyer to represent the victim before the US military tribunal. Conejos said he has approved the hiring of a Japanese lawyer who is more conversant with English and with US military-court proceedings.

At the same time, the DFA is also exploring the other option of filing a motion for reconsideration with the Japanese public prosecutor. This, despite the previous recommendation of a privately hired Japanese lawyer who said the decision of a Japanese prosecutor is difficult to overturn.

“I was told that such a petition will be heard by a 15-member jury and the percentages of the petition being granted is not in our favor; the decision of the public prosecutor is very difficult to overturn,” he said.

OFW influx to Guam seen

By MAR-VIC CAGURANGAN
6/21/2008 2:58 PM
Special to BusinessMirror

HAGATNA—Guam is expected to be further flooded with workers from the Philippines in the next few years once the US work-visa cap for Guam and the Commonwealth the Northern Marianas Islands (CNMI) is temporarily lifted, according to David Cohen, former deputy assistant secretary of the Department of the Interior.

S. 2739, passed by the US Senate on April 10 and awaiting President Bush’s signature, contains a provision that exempts Guam and the CNMI from the nationwide quota on all H visas through the end of 2014.

The legislation is expected to ease the labor shortage and boost the military buildup on Guam.

The military expansion plan for Guam—the largest US troop-realignment project of its kind since the end of the Cold War—would require between 12,000 and 20,000 workers to build a new military base, military housing and utilities from 2010 through 2014.

The nationwide annual cap on H-2B visas is currently set at 66,000.

"Without the cap exemption, it would be impossible for a small territory such as Guam to utilize such a large share of the entire nation’s allocation of temporary nonagricultural workers," Cohen said.

"The legislation….would help ensure that sufficient skilled and unskilled labor is available for Guam’s planned military buildup and could open up numerous business opportunities in both Guam and the Northern Marianas," said Cohen, who drafted the original version of the bill which mainly targeted the federalization of the CNMI.

Importing large numbers of workers is necessary due to the very limited number of qualified workers on Guam, and because of the difficulty of attracting large numbers of US workers cost-effectively to a territory that is over 6,000 miles away from the closest point on the US mainland, Cohen said.

"Guam, which bills itself as ‘America in Asia,’ is approximately three hours from Manila by plane, and is expected to draw most of the workers needed for the buildup from the Philippines because of its large, well trained, English-speaking work force," Cohen writes in an article posted on the website of Davis Wright Tremaine LLP, at which he is now a partner.

Foreign workers will pick up the thousands of jobs to be generated by the relocation of 8,000 Marines from Okinawa.

"While the H cap exemption would almost certainly result in an influx of workers from the Philippines, it would also likely attract talent from other countries," Cohen said.

Japan would be another potential source of manpower. The Japanese government has pledged to subsidize 60 percent of the funding for the troops relocation to Guam.

Japanese companies are expected to get a significant amount of business from the $15-billion military-relocation program.

Cohen explained that while the cap exemption for H-2B visas has been the principal focus of Department of Defense planners, the exemption would also apply to H-1B visas for professional or specialty workers, including engineers, architects, computer experts, health care professionals, professors and teachers, scientists, accountants, financial analysts and many other types of professionals.

Under the bill, the visa-cap exemption would go into effect "on the first day of the first month beginning one full year after the date of enactment" and expire on December 31, 2014.

Ma of OFW rape victim cries for justice

6/19/2008 4:02 PM
By LILITA BALANE
abs-cbnNEWS.com

The mother of an overseas Filipino worker who was raped in Okinawa, Japan appealed to the government on Thursday in their family's quest for justice.

“I am asking the government not to abandon my daughter's case. The last report we received was my daughter's case was dismissed because of lack of evidence. My family doesn't know what to do, so we seek help from Gabriela,” the mother identified only as "Nanay Melly" said.

Nanay Melly is the mother of the “Hazel”, an OFW allegedly raped by a US serviceman.

On February 15, Hazel went to work as a dancer in Okinawa to help her family, especially her sibling who needed an operation.

“I just learned last February 24 about what happened. I felt helpless, like I’m about to die. I can’t say anything. I don’t know what to do"; Nanay Melly, who went all the way from Palawan, said.

Investigations conducted by the Okinawa police said that the alleged rape took place in the early hours of February 18, three days after the victim arrived in Japan.

The report said Hazel was invited by an American serviceman stationed in Okinawa to dine out with him after work.

However, the suspect denied the allegation and insisted that Hazel consented to have sex with him.

The suspect was relieved from the charges after Japanese prosecutors in Okinawa dropped the case due to "lack of sufficient evidence.”

After the case was dismissed, militant groups in the country vowed to support the victim's family.

Help wanted

In a press conference Thursday, women’s group Gabriela condemned the government's disregard on the rape case.

“Last June 7, the government celebrated the National Migrant Workers’ Day to honor and express gratitude to our OFWs. What is ironic is as the government labels them (OFWs) as modern-heroes, it seemed to neglect the grievances of the migrant workers, and failed to give protection to the rights of the Filipinos who left the country to work,” Jaja Ruiz, Gabriela’s media liaison, said.

“Now, we are seeing the negligence of the government in Hazel’s case…How many migrant workers should be abused so the government will recognize and uphold the rights of the migrant workers and their families,” said Gina Gaborni, chairwoman of migrant workers' advocate Migrante International.

Nanay Melly said the government had provided a lawyer for her daughter and assisted her husband to visit Hazel in Japan. No other support was received by the family after that.

The government even promised them that the foreign affairs department will asked the court to reconsider Hazel’s case after it was dismissed.

She also said that the House of Representatives already released Resolution No. 51, expressing its support for her daughter.

Gabriela spokeswoman Joms Salvador said the family needs the support of both the government and the public in seeking justice.

Salvador also linked Hazel's case in the Subic rape case, where a Filipina was raped by a US soldier on vacation.

“We gained justice in the Subic rape case, because Nicole’s family was determined to fight for Nicole and the public showed their support. Unfortunately, though we were able to hold the soldier who was liable, the government surrendered [Daniel] Smith to the United States’ custody,” Salvador added.

Nicole's case

In December 2006, US Marine Lance Corporal Daniel Smith was sentenced to 40 years in prison in Manila for raping a Filipino woman, identified only as "Nicole", in November 2005.

Initially detained in a local jail, Smith was later transferred to the custody of the US embassy in Manila as he appealed his conviction.

“We want to raise alarm that what happened to Nicole’s case might not happen with Hazel’s because it was not given enough support”, Salvador said.

Gabriela said that it is doing everything to help Hazel. The group plans to travel to Japan with Hazel's family, mediamen, and counselors to determine her condition.

Salvador said that Hazel needed her family's support, especially her mother. She also added that they will also look into legal remedies and actions which can draw attention to the rape victim's case.

Aside from focusing on Hazel's case, the partylist group also intends to check on the status of the workers, particularly the Filipina entertainers in Okinawa.

The mission intends to file an action for reconsideration in the court of Japan or file criminal charges at the US Court Martial.

Hazel's mother assured her daughter that they will not give up the fight. At present, Hazel is under the custody of a Filipino priest in Japan.

Asked about her daughter's reaction when the case was dismissed, Nanay Melly said, “She’s still hoping that her case will be reconsidered. She said she is still willing to fight.”

"I want to tell her to be brave, and that we will continue to support her. We support her desire to fight for justice. We are behind her,” Nanay Melly said.

RP may appeal dropping of rape charges vs US soldier

Pinoy Migration
5/19/2008 7:03 PM May 19, 2008
by TRINA LAGURA, abs-cbnNEWS.com

The Philippine government is studying whether to appeal the decision of Japanese prosecutors to drop the charges against an American soldier accused of raping a Filipina in Okinawa in February.

The Japanese prosecutors dropped the charges against the US soldier on May 15 reportedly due to lack of sufficient evidence.

The Philippine government can file the appeal within 15 days after the decision was made.

Esteban Conejos, Department of Foreign Affairs (DFA) undersecretary for migrant workers affairs, said the Philippines can request the Naha District Public Prosecutor's Office to reinvestigate the case.

Conejos said he has already asked a Japanese lawyer hired by the Philippine government to carefully study the case of the Filipino woman.

He said the lawyer will determine what other options are available to the Filipina under Japanese law.

The decision on the case of the Filipina was made by Japanese prosecutors even as a US Marine was sentenced to four years in prison for sexually abusing a 14-year-old Japanese girl. This marine was later cleared of the more serious charge of rape.

The case of the Japanese girl sparked outrage among the Filipinos in Japan and led to an apology from US Secretary of State Condoleezza Rice. In contrast to the high-profile case of the Japanese minor, the alleged rape of the Filipina has drawn less attention.

The Filipino woman reported to police in February that she was raped by a member of the US Army in Okinawa, only days after the 14-year-old's alleged rape sparked outrage among Japanese residents.

The Filipina was injured and received medical treatment at a hospital after the alleged incident at a hotel in the city of Okinawa on February 18, according to local police. - With a report from Agence France Presse