A Delegation of high-level Representatives of the Philippine Justice Sector visited Berlin from 23 to 29 October 2011 as part of an Exchange and Study Program. Funded by the German Federal Foreign Office, the program is part of the joint project amongst the Department of Justice of the Philippines, the Hanns Seidel Foundation and the German Federal Foreign Office in the area of Justice Sector Reform. Justice Sector Reform is one of the main focuses in the government policy of the Philippines under the presidency of President Benigno C. Aquino III. The main objective of the co-operation is the drafting of a “modern” criminal code for the Philippines. The Revised Penal Code currently in force was first enacted more than 30 years ago and has been found to be obsolete and no longer applicable.  The ‘modern’ criminal code is envisioned to bring about fairer criminal prosecution and a reduction of the general existence of impunity and, consequently, a better preservation of human rights.

Central to the Exchange and Study Program are meetings with the Representatives of the Federal Foreign Office, German justice agencies and institutions, Members of the German Federal Parliament, as well as the Lecture on Judicial System of the Federal Republic of Germany. These provided the opportunity for dynamic exchanges on the situation of the judicial system in the Philippines. The Philippine Delegation was led by Assistant Secretary Geronimo L. Sy, who was representing Secretary Leila M. de Lima of the Department of Justice (DOJ) of the Philippines, and the Representative of the DOJ responsible for the joint project with the Foundation and the German Federal Foreign Office. The Members of the Delegation belong to the Experts Group of over 30 experts of government as well as non-government agencies and organisations, who are undertaking the task of drafting the modern criminal code. The first draft of the criminal code will be presented to President Aquino early 2012.

During the meetings with the Representatives of the German Federal Foreign Office, led by Ms. VLR Dr. Christine Althauser, Head of Department of Crisis Prevention, Peace-building, Promotion of Democracy, State-building and Material Aid, questions tackled centered on the progress of the project and next steps.  Ms. Althauser emphasized the relevance of the co-operation in penal reform and its contribution to the strengthening and further development of the democratic structure, as well as its significance and possible contribution for similar projects in the future in other countries.  In the concluding discussion with the Federal Government Commissioner for Human Rights Policy and Humanitarian Aid, Mr. Markus Löning, Mr. Löning pointed out the value of the establishment of legal standards for the observance and protection of human rights.  He underlined the importance of enforcing and applying “good laws” and acknowledged the co-operation between Germany and the Philippines at the level of the international human rights committees.  In response, Assistant Secretary Sy referred to the special co-operation with Hanns Seidel Foundation as one formed through respect, transparency and mutual trust. The Philippines’s Ambassador to Berlin, Her Excellency Maria Cleofe R. Natividad, was present in both meetings.

During the two dialogues held with Representatives of the German Parliament, questions pertaining to the relations between the two countries, as well as to the specific human rights situation, were discussed. The co-operation between the HSF and the Philippines was brought to the forefront in the meeting with Hanns Seidel Foundation Board Member and former Member of the German Parliament, Mr. Michael Glos, MdB.  Both sides noted the high level of confidence and trust in the relations between the Foundation and the Partner organisation. During the meeting with the Chairpersons of the Commission on Rights, Mr. Siegfried Kauder, MdB and Mr. Jörg van Essen, MdB, answered in detail questions regarding the legislative procedure in Germany, towards the co-operation of the prosecution and the police in criminal prosecution as well as on victim compensation, particularly with the idea of non-government organizations – such as “The White Ring”  (Der Weiße Ring e.V. - the only Germany-wide help organisation for victims of criminal offences and their families. This non-profit-making organisation also publicly represents the interests of the people concerned and supports the prevention of criminal offences.).

Additional highlights in the programme included meetings with the Federal Ministry of Justice, the Senate Administration of Justice, the Prosecution and the Solicitor General in Berlin, including visits to the Berlin-Moabit as well as the State Office of Criminal Investigations in Berlin Police in Federal Criminal Police Office, Correctional Facility. Additionally, meetings were held with Representatives of Transparency International and with the Synanon Foundation’s private drug rehabilitation facility.  Presentations and discussions during the programme included an orientation on the structure and the role of justice in Germany, basic principles in prosecution as well as the collaboration amongst the court, the prosecutor and the police in criminal investigation proceedings.

All those involved found the exchange of experiences, observations and ideas between the Representatives of the German and of the Philippine Justice sector meaningful and successful. All members of the delegation deemed the information and knowledge on German rights and justice as very helpful for the further refinement of the criminal code. They are to be echoed to the other members of the Experts Group as well as further shared with the larger network of participants to the experts group meetings. The extensive and specialized detailed presentations, the open and intensive exchange of ideas with the German representatives, as well as the contacts established towards continued communication and further consultations were particularly given strong emphasis by the Philippine delegates during the end-of-program assessment.