Crying over Spilt Mothers' Milk
[posted Aug. 2008]
Everybody is happy.
The United
Nations Children's Fund (UNICEF) Philippines declared its delight
with the Supreme Court October 9, 2007 decision to lift the temporary
restraining order on the Revised Implementing Rules and Regulations
(RIRR) of the National Milk Code (EO51). Arugaan decried as untruths
the stream of news reports claiming that the Supreme Court decision
was a blow to breastfeeding advocates. Neonatologist and pediatricians
believe the Supreme Court decision was a major victory for mothers and
infants.
So why is ARCSEA crying over spilt mother's milk?
Because ARCSEA believes we were duped. We were taken
for a ride. The heart of the matter in what ARCSEA
deems as a major setback in the battle for the protection of exclusive
breastfeeding among infants from birth to six months lies precisely
in the sections stricken out by the Supreme Court.
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Tina, a graduate of the project
"Strengthening the Lactation Support Program" of Manila
City, a partnership between ARCSEA, PGH and the Manila City Health
Department, is now a lactation peer counselor at the PGH Pediatric
Department Neonatal Intensive Care Unit and the Human Milk Bank. |
Viewed by breast feeding advocates world wide as a crucial test of corporate
social responsibility toward consumers, this case of PHAP versus the
Department of Health shows how rich and powerful multinational milk
companies , in this case represented by the Pharmaceutical and Health
Care Association of the Philippines (PHAP), can lay claim to the justice
system in furtherance of their profits objectives, all at the expense
of the lives of at least 16,000 infants annually, especially those from
the marginalized sectors of society.
Background
• In May 2006, the Revised Implementing Rules
and Regulations of the Milk Code was passed by the Secretary of Health.
The RIRR was crafted to strengthen the "teeth" of the Milk
Code and enable the implementation of the law to be really protective
of children's right to health and nutrition.
• In July 2006, the Pharmaceutical Health Care
Association of the Philippines (PHAP) filed a suit against the Secretary
of Health and petitioned the Supreme Court for a temporary restraining
order or TRO. The Supreme Court denied the TRO.
• In August 2006, the Supreme Court overturned
its own decision and granted a TRO in favor of PHAP's request. Atty.
Fely Aquino represented PHAP, wife of Sen Joker Arroyo who, in 1986,
signed the Milk Code.
• On October 9, 2007, the Supreme Court found
the rest of the RIRR in consonance with the Milk Code while unanimously
declaring null and void the following provisions: (1) SECTION 4(f):
Advertising, promotions, or sponsorship of infant formula, breast milk
substitutes and other related products are prohibited; (2) SECTION 11:
No advertising, promotions, sponsorships or marketing materials and
activities for breast milk substitutes intended for infants and young
children up to twenty four (24) months; and (3) SECTION 46: The imposition
of administrative sanctions against any person, juridical or natural,
found to have violated the provisions of the Code and its Implementing
Rules and Regulations amounting up to PhP1 million for the 5th and succeeding
repeated violations (maximum).
 |
Dr. Collin Davis of UNICEF Manila
and Dra. Mianne Silvestre, neonatologist and Head of the Lactation
Unit, Section of Newborn Well Being, UP-PGH Department of Padiatrics,
on the occasion of the inauguration of the PGH Human Milkbank in
August 2007. The Human Milkbank is a partnership between the PGH
PLactation Unit, ARCSEA, ARCI Toscana and Toscana Regionale. |
ARCSEA is crying
over spilt mother's milk because the Supreme Court could have penned
a milestone in Philippine jurisprudence by upholding en toto the RIRR
but it chose not to and buckled down under the pressure of profit-taking
giant milk companies. Exceptions to advertisements may now be allowed
by an "Inter-Agency Committee." ARCSEA's
take on this is that at this time when corruption in government is such
a hot and real issue, there is big room for doubt how long and how steadfast
members of the Inter-Agency Committee can withstand attempts of bribery
to facilitate advertisements that undermine breast feeding practices,
especially among poor and marginalized mothers. Moreover, aggressive
promotional campaign for infant formula which has been identified as
a major reason why mothers are discouraged from breastfeeding their
babies.
The Revised Implementing Rules and Regulations also intended to give
"stronger teeth" to the Milk Code, with Section 46 which provides
for administrative sanctions and a heavy fine (PhP1million) for violators.
Who among the big multinational milk companies will be afraid of violating
the RIRR when the strongest penalty imposed on violators at the moment
is a mere "slap in the wrist" criminal penalty of two (2)
months to one (1) year imprisonment and a fine of not less than One
Thousand Pesos (P1,000.00) nor more than Thirty Thousand Pesos (P30,000)
or both? A fine of P30,000 is a drop in the bucket in the face of how
much Filipino mothers are estimated to spend annually on infant formula
(about US$469 million). By striking out the "teeth" of the
RIRR, the Supreme Court sent a message to mothers, children, health
care professionals, child rights advocates and the artificial infant
milk industry that indeed, in the Philippines, the logic of profit rules
at the expense of at least 16,000 infant deaths a year. Where is justice
in that?
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Children ACT Now! (Children Against Corruption
and Tyranny Now!)
A Network of Child Rights Advocates against Corruption and Tyranny
SECRETARIAT ADDRESS: 21-A1 Malvar Extension Bgy. Bagumbuhay,
Project 4, Quezon City
E-mail address: salinlahiphilippines@yahoo.com.ph Telefax:
439 3104
NEWS RELEASE
2 March 2008
Reference: SOPHIA FLOR GARDUCE,
Executive Director, Association for the Rights of Children in
Southeast Asia and Co-Convenor, Children
Act Now! (09285057207)
Women and Children Say: Chase the Thief in
Malacañang!
(posted March 2008)
Child rights advocates, women and children were one in condemning
corruption as it robs the next generation of their future. This was
what the "ARANGKADAng-kadang ng mga Bata at Kababaihan
Laban sa Magnanakaw sa Malakanyang" showed today at
the University of the Philippines' Diliman grounds. "The well-being
and protection of children's rights is a social responsibility. We
work hand-in-hand with women as well as other sectors of society in
upholding the rights of children for a better future," said Sophia
Garduce, co-convenor of the Children ACT Now! network.
The activity was participated in by more than 300 children and adults.
Featuring the traditional Filipino game called kadang-kadang which
makes use of coconut shells as stilts, the walkathon against corruption
was made enjoyable for the children, as they chased a Gloria-look
alike running away with the ZTE millions.
Today's activity showed the outrage of women and children directly
affected by the unimaginable amounts of stolen money that could have
afforded children and women increased access to basic social services
like education, health services and livelihood. The kadang-kadang
symbolized the various problems and rights violations that children
and women alike are burdened with, while they struggle to chase Gloria
and make her accountable for her "crimes" against them.
"A growing number of mothers from poor communities suffer the
vision of their children wasting away from hunger and malnutrition,
while Gloria Arroyo and her economic magicians lay claim to improving
economic indicators," Garduce remarked.
The group also expressed the need for more women and children to participate
in actions to stop corruption and to hold the culprits accountable.
In particular, Garduce called on them to participate in and support
the March 8 International Women's day action organized by BABALA!
(Babae Laban sa Katiwalian), another formation of women who are calling
for truth and accountability on the ongoing ZTE scandal.
"The Children ACT Now! network is committed to hold more activities
if Arroyo and her allies continue to hide the truth, and continue
to escape accountability for grave sins against the populace. We know
that this is a long and painstaking battle, especially in educating
the future generation on the kind of good governance that they rightly
deserve. But it will be worth a good fight because it concerns our
children, the hope of our nation," Garduce concluded.
The Italian
Delegation (posted March 2008)
February
4
The Italian friends arrived in the Philippines. |
 February
5
Meeting with ARCSEA
staff and Board of Trustees and meeting with various children NGOs.
They also paid a visit to the Italian embassy where they had a talk
with Ambasciatore Rubens Anna Fedele and his wife. In the afternoon
they visited Manresa community in Quezon City. It was the first
time for most of them to go to an urban poor and depressed area
in Manila. |
 February
6
They visited the Day
Care Center and Multi-Purpose projects in Sitio Veterans and Kasiglahan
Village Quezon City and the community in Vitas, Tondo in the city
of Manila. They had an exposure to the impoverished situation in
the communities while holding games for the children and giving
them small gifts. |
 February
7
The Italians visited the Dumagat community in Tanay, Rizal. They
talked to the Dumagat Tribe members and learned a lot from them.
The 7 kilometer walk from the foot of the mountain up to the community
was very hard for them. But the visit was worth while because they
appreciated the potable water and Day Care Center project being
implemented at the area. |
 February
8
The Italians visited
the PGH for the Milk Bank project. Dr. Mianne Silvestre of the Lactation
Unit of the Department of Pediatrics hosted the discussion about
the facts and figures on breast feeding, infant mortality and nutrition
in the Philippines. |
 February
9
The five Italians,
together with Pia Garduce, flew to Arakan Valley,
North Cotabato to visit the potable water and Day Care Center projects
there until the 12th of February. Maria Viola was left in Manila
and had a discussion with the mothers and members of GABRIELA
Manila on breast feeding. |
February 11
Maria Viola visited Vitas, Tondo to give
a discussion on breast feeding with the mothers of Samahan ng Maralitang
Kababaihang Nagkakaisa (SAMAKANA). |
 February
13
The Filipino-Italian
Solidarity Lunch took place at the Children's Participation Center.
They shared their experiences, observations and lessons learned
from the whole trip. They committed to continue the partnership
with ARCSEA for the next coming years in the name
of genuine service for the Filipino children. |
Press
Release (posted March 2008)
Association for the Rights of Children in South East Asia
(ARCSEA)
Filipino-Italian Solidarity: Promoting and Realizing
the Rights of the Filipino Children in Crisis
Reference: Sophia Flor Garduce, Executive Director
The solidarity between the Association for the Rights
of Children in South East Asia (ARCSEA),
a Filipino non-government association and ARCI and UNICOOP, the
two major Italian funders, is going stronger in promoting the
Filipino child's rights.
The two major players in the Philippine based NGO has been greatly
supporting several projects namely; BATABUS, Holy Spirit Day Care
Center, Sabata Day Care Center, Veterans Multi-purpose Center,
Arakan Valley water and Day Care Project, Dumagat water and Day
Care Project and the Children Speak Out Project.
These are not limited to infrastructures alone but also involve
capacity building through trainings for the partners in implementing
these projects and educating the community on children's rights
and other relevant issues.
The right of a child to empowerment and participation has also
been an important highlight in the history of the Filipino-Italian
partnership. Several children's groups held activities with the
help of partner organizations in the Philippines through the Children
Speak Out project. This has been a venue for the children to speak
their minds on various issues affecting them like poverty, violence,
lack of opportunity to a quality education.
The Italian friends visited the communities and were exposed to
the real situation of impoverished communities and how this affects
the children's lives. It has been a heart breaking yet fulfilling
experience for them and provided them with a lot of stories back
home.
"The GMA government has not realized the needs of these children
unlike our Italian friends. We are very thankful for the Italian
partners who openly lend their hands on pushing for a better future
for the Filipino children," said Garduce.
Garduce also added, "Unlike GMA and her cohorts, who thinks
selfishly of their own interests, our Italian friends want to
extend every help possible for the children who are neither their
sons nor daughters."
Garduce stressed out that this should be a wake up call for the
Philippine government, that instead of being involved in corruption
issues and stealing the money of our country, to really serve
the marginalized sector, especially the children. "The GMA
government should not wait for more foreign help to appease the
hunger and ignorance of our younger generations, it is her task
and duty as the President to act for the nation and the children's
sake."
Other children's organizations
joined the Italians for a Solidarity Lunch and shared their experiences
with the children who benefited from their programs and services.
Together, the Italian funders, ARCSEA and other progressive children's
NGOs committed more years of genuine service to the Filipino children. |
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