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2003 Absentee Voting Forum
Date: 22 May 2003
Venue: Manila Pavillion Hotel, Philippines

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With only about a year to get everything done for the May 2004 national elections, there remain the inevitable challenges in the implementation of Republic Act 9189 or “The Overseas Absentee Voting Act of 2003.” Nevertheless, in a forum organized by the Philippine Migrants’ Rights Watch (PMRW) at the Manila Pavilion Hotel last May 22, migrant advocates once again had the government’s reaffirmation of support for its implementation in time for next year’s elections.

The PMRW forum was participated in by the key players in the passage and implementation of the said law led by Senator Aquilino Pimentel, Jr. and Congressman Jose Apolinario Lozada, Jr. Director Luz Cantor of the Department of Budget and Management (DBM), Ms. Catherine Paredes-Maceda, vice chairperson of the OAV Secretariat of the Department of Foreign Affairs (DFA) and Atty. Alliden Dalaig of the Commission on Elections (Comelec) also joined in the panel and provided an update on the preparations being made by their respective offices.

Major concerns cited during the event were the Comelec’s credibility and integrity to effectively implement the law given the accusations hurled against the Commission for the problems that have besieged the country’s electoral system.

Another major issue raised during the forum was the availability of adequate funds for the OAV. This is in relation to the briefing called in by the DFA-OAV Secretariat and the Comelec last May 13 to update civil society groups on the preparations they have made and the need for the immediate release of funds to fully implement the law or next year’s election will suffer and will take its toll on Filipino voters abroad.

Both the DFA Secretariat and the Commission had apprehensions then on the DBM’s pending release of their funds which were even lower than what they exactly needed and requested. The Comelec, for instance, noted its budgetary requirement of P700M for this year’s pre-election preparations. Congress, however, only approved a measly P400M for both the Comelec and the DFA, allocating them P300M and P100M, respectively. To fill the gap in the budget, the only remaining option noted was the Presidential Contingent Fund but this was not even released for the said purpose. The P400M, on the other hand, was already rendered to both offices by the DBM last May 27.

Despite such limitations in its initial phase, preparations for the OAV have been intensive just the same to ensure the effective and maximum exercise of the right of suffrage of millions of overseas Filipinos.

The Implementing Rules and Regulations (IRR)
The Joint Congressional Oversight Committee (JCOC) reviewed and approved last May 26 the Comelec-promulgated Implementing Rules and Regulations (IRR) with some amendments. One of which is the inclusion of some 92 honorary consulates around the globe for the OAV implementation. In principle, this is tantamount to a significant increase in the number of possible registration, voting and counting centers abroad. Their specific tasks in the OAV are still subject for discussion among the Comelec, the DFA and the JCOC.

Other major provisions in the IRR include the simultaneous filing of application for registration or certification and application to vote in absentia with the standard “three-in-1 Comelec forms” that may also be downloaded from the Internet. Data capturing device will be installed during the registration period to get the applicant’s photograph, signature and thumbprint. Transmission of applications and relevant data from abroad to Manila shall also be done via the Internet.

The period for application for registration or certification and the application to vote in absentia has been reset to August 01- September 30, 2003.

Counting and canvass of votes, on the other hand, shall be done on-site, using automated counting machines.

Training of personnel and ocular visits
Part of the task of the DFA Secretariat is to conduct training for the personnel of the diplomatic corps. This is aimed at providing them with the basic knowledge and skills necessary in the conduct of national elections. They will be mobilized and deputized by the Comelec for this purpose being the ones already on-site.

Last April, the first OAV training for the Asia Pacific diplomatic corps personnel in Manila was successfully conducted. Those in the Americas had their regional training during the last week of May while the training for the personnel in the Middle East posts was conducted last June in Abu Dhabi.

The honorary consulates, however, did not participate in any of the training provided for the diplomatic corps. Who will brief and orient them on their roles and participation in the OAV implementation is still unclear.

The Comelec is also looking into other countries where there is a large number of Filipinos from which they can get relevant feedback especially on how those overseas can assist in the OAV pre-election, election and post-election activities.

OAV Information Dissemination
Cognizant of the major flaws in the OAV law, it is imperative that Comelec seriously takes its task to disseminate information on OAV to the broadest and widest network of overseas Filipinos. To date, government agencies that were identified to help Comelec out in this task have not yet started any information campaign because they are still “waiting for a Comelec directive.” Moreover, in the case of the diplomatic offices, the initial set of information sent to them from Manila was not accurate and up to date.

A major and reliable partner in this regard would have been the global network of OAV advocates and the various overseas Filipino communities that have been involved in the campaign at the onset of the OAV campaign. However, the strict criteria contained in the COMELEC-promulgated guidelines for accreditation of overseas Filipino organizations and associations abroad for information dissemination are quite self-defeating. Many of those who have been involved in the campaign, do not, in one way or another, meet some or all of the criteria set by Comelec. How the Comelec then, will effectively carry out the gargantuan task to inform the overseas Filipinos on the OAV will be a key determinant in the success or failure of absentee voting.

Potential Overseas Absentee Voters
Based on a study made by the DFA Secretariat, the estimates of potential voters overseas have been reduced to some 5.5 million from the estimated 7.41 million overseas Filipinos. The group already eliminated from their count those below 18 years of age and those who have been naturalized in the host countries.

Another major deterrent factor cited in the exercise of the right of suffrage of Filipinos is limiting the registration and voting centers to the 82 Philippine embassies and consulates and other so-called foreign service establishments referring to the special missions in Geneva and Vienna. The inclusion of the honorary consulates in the OAV can increase the number of potential overseas absentee voters. In the same vein, the eventual passage of the Dual citizenship law is also likely to increase the number of qualified overseas absentee voters.

While the number of direct potential beneficiaries of the OAV has been significantly reduced because of the very limiting provisions of the law, there is however, a big potential for the overseas Filipinos to exert influence on the political and electoral choices of their families back home. The potential for the overseas Filipinos’ extended-vote through their families, if realized, can of course change the political and electoral landscape of Philippine society. It has been estimated that more than half of the 15 million Filipino families are affected by migration and by more than 7 million Filipinos overseas.

The Political Empowerment of Overseas Filipinos
Despite and in spite of the current limitations of the Overseas Absentee Voting Act, it is still generally a significant step towards the political empowerment of overseas Filipinos. Another contributing factor is the election to office of national leaders who will be reminded of the increasing number of Filipino constituents abroad who are as equally deserving of recognition and respect as the rest of the citizenry inside the country. The overseas Filipinos’ body polity that advances the agenda for good governance, a responsible and mature electorate and overall political and electoral reforms also contribute to the migrants’ political empowerment.

Now, Filipinos overseas are not only a national pride for their hard work and efficiency and for their dollar remittances that keep the economy afloat. They now take another significant role that reaffirms their right of suffrage notwithstanding their geographical distance from home, in the hope that this will truly work in their favor come May 2004 elections.

Ellene Sana - Center for Migrant Advocacy Philippines (CMA-Phils.)

 
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The Philippine Migrants Rights Watch
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