Monday, December 7, 2009

Korea's Soft Power Diplomacy and the Impacts of Korean Wave in Asia

Copyright © 2009 by Chester B Cabalza. All Rights Reserved.

This paper was chosen in the 6th International Convention of Asia Scholars in South Korea on 6-9 August 2009 but the author declined to attend due to the effects of global financial crisis.

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I. Introduction

A rose is a rose by any other name, so it is said, and this holds true to the Korean War. South Koreans call it “6.25 War” in reference to its starting date: June 25, while North Koreans remember it as “Fatherland Liberation War”. China refers to it as “War to resist America and Aid to Korea” and the United States, because it had to officially treat it as police action to avoid the need for the declaration of war by the US Congress, called it the “Korean Conflict”. Sometimes it is referred to as “The Forgotten War” because, despite its being a major one too, it was overshadowed by the preceding and succeeding World War II and Vietnam War, respectively.

Need no further elaboration on historical accounts to the division of the two Koreas, thus, the Korean War as part and parcel of the Cold War had the effect of strengthening the alliances in the Western camp especially for South Korea or the Republic of Korea (ROK) under the aegis of the Americans.

Regrettably, Ambassador Sung-oh Shin is disconcerted that in reality Korea is a divided country. Now that Germany and Vietnam are unified, Korea remains the sole nation divided as the victim of the Cold War. He confesses that [South] Koreans were indoctrinated through the bitter experience of the Korean War that the other Korea is the foremost enemy. At the same time, however, there remains a strong sense of brotherhood between South and North Koreans. Therefore, the dilemma of South Korea’s [defense] diplomacy has always been how to contain the dangerous North Korea without jeopardizing the prospect of eventual peaceful unification.

But fast forward today, managing the Koreas, according to Kishore Mahbubani, he prescribes that the fourth pillar for US policy toward East Asia should be Korea. Aside from the inclusion of North Korea as “axis of evil” under the Bush administration, succeeding six-party multilateral talks among nuclear powers around the region and former opposing world’s superpowers. Additionally, he describes that the US also has a pressing need to cement its relations with South Korea given a strong anti-Americanism has surged dramatically in recent years, in spite of a large portion of South Korean’s elite studied at US universities.


II. Miracle on the Han River

The rugs-to-riches tale of South Korea as one of Asia’s poorest countries in 1950s was attributed to the twin after-effects of the Japanese occupation and the Korean War. It was once a bleak country with shattered infrastructures and drained resources that were exploited during those horrific historical periods. Despite initial economic handicaps and political woes, however, South Korea eventually achieved rapid economic growth and began to rise as one of the formidable tiger economies in Asia (joining the ranks of Taiwan, HongKong and Singapore).

Affirming the role of General Park Chung-hee who led a junta, he later embarked his vision on economic development in 1962 and South Korea became for four decades one of the fastest-growing economies in the world. From a poor developing country to a developed state, South Korea’s economy relied much on heavy industry and automotive industry during the 1970s and 1980s; and continuously transformed its economic outputs as a lead exporter of electronics, telecommunications, shipbuilding, and steel in 1990s; but now high-tech products like digital monitors, mobile phones and semiconductors have driven its economy in the future. Chaebols like Samsung, Hundai Kia Automotive Group and LG have become global brand names, sometimes outpacing in sales and quality some former superior Japanese electronics and automotive products.

South Korea is by far considered as one of the leading producers of knowledge in science and technology transparent through its lead in Information Technology (IT), massive Internet services per household, biotechnology, machinery and robotics. Time Magazine (July 2008) places South Korea as a mecca for computer gaming, where matches of young professional leagues are broadcast around the clock on dedicated channels for millions of viewers, hence top-notch players are worshiped as rock stars. Meanwhile, it has boosted its image as a sporting capital when it hosted the 1988 Summer Olympics in Seoul and co-sponsored with Japan the 2002 FIFA World Cup.

By and large, the spark of South Korea’s emergence as a major and significant economic power in the deterritorialized community of the 21st century has given birth to a new type of culture in Asia, called “hallyu” / “harnyu” or the “Korean Wave” and morphed into a beautiful cultural phenomenon as a chief springboard of popular culture today.

Hallyu as a cultural concept itself has divisive bearing on its origin. Some would claim that it was coined in China in 1999 by Beijing journalists startled by the growing popularity of South Koreans and South Korean goods in China. In contrast hallyu, argued by Professor Kang Chul-keun, originated from popular music, passing through phenomenal soap operas and films embracing Korean culture as a whole. Above everything else, he disputed however, TV soap operas are considered to have taken the front creating this Korean Wave. Thus, exports of Korean soap operas have seen remarkable growth since 2000.

Because of massive development and unprecedented progress, [South] Korea has used its turn around story as a window to simultaneously craft its intelligent foreign policies using soft power diplomacy in easing the tension between its giant and powerful neighbors of China and Japan. This soft power diplomacy that may have executed by South Korea has been well received liberally by its friendly Southeast Asian neighbors as well.


III. Korea’s Soft Power Diplomacy

This paper addresses the argument that Korea’s Soft Power Diplomacy has paved way positively to the looming relations of South Korea in particular to its East Asian neighbors, especially in the fields of culture, albeit there are still many obstacles to prevent distrust and enmity, thus also improving relations in other areas like in defense, politics and economics.

“Soft power” proponent Professor Joseph Nye, Jr. deems that this is the ability to get “others to want what you want”. It is indeed a co-optive power, magnetizing others rather than manipulating their actions through force or bribery. Professor Nye is, however, quick to differentiate “soft power” from influence. He wrote, “Soft power is not merely the same as influence. After all, influence can also rest on the hard power of threats or payment. However, soft power is the ability to attract, and attraction often leads to acquiescence. Simply put, in behavioral terms, soft power is attractive power.”

Sandwiched between two strong and great states under the Sinitic civilization, the two Koreas tried to gauge its own identity after Korea acted as a bridge to Japan that introduced the Chinese/Sinic culture since its early dynasties, argued by Rhoads Murphey (2003). Despite the strong rivalry of hard power in Northeast Asia since the World War II and enmity brought by forceful and harsh treatment by its Japanese brothers, South Korea has slowly created a certain brand, “Made in Korea”, and had since brushed its image using the tools of Soft Power Diplomacy. Notwithstanding South Korea’s economic achievements and stable democracy, John Lei and Myongkyu Park (2005:56-57) have argued that, instead South Koreans being content and ecstatic, its citizens remain wracked by the legacy of conflicts from the Cold War years, and the national mood is somber and subdued, with continuing concerns over North Korea, deepening social cleavages, and crises of the family and society. Adding that North Korea remains a looming presence in South Korean politics while China and Japan are closely watched to tame their economic and military rivals, co-existing in a clear and present danger zone.

In 2005 Korea (both by north and south) denounces Japan for trying to glorify and distort its own military aggression, referring to Japanese history and civic studies textbooks used to educate young Japanese students. But enmity between Japan and Korea was temporarily overshadowed by historical memories due to the influence of soft power diplomacy of the “hanryu”.

A case in point was the arrival of the most famous South Korean TV star, Bae Yong-joon, in 2004 in Japan. He was adored by Japanese fans who were mostly women and his visit was guarded by 150 bodyguards, 350 police and additional 70 riot police that caught the eyes of the media by major stations in Japan like the Nippon Television Network Broadcast, the Tokyo Broadcasting System, and NHK (Herald Biz, 2004-11-26, Korea Times, 2004-11-25). It was also believed that “Japan is the last country in northeast Asia to fall under the influence of all things Korean, from pop music to fashion, dubbed as the Korean Wave”.

Ambassador Sung-oh Shin (1999) views that Japan shares, to a large extent, Korea’s concern for security against North Korea. As such Japan provides an overall diplomatic support to Korea on how to manage North Korea.

Korea's popular culture has also presented an important cultural freedom, in which individuals are allowed to talk about conflicts between generations, nationalism, globalism and gender issues. Take the case of "Winter Sonata," which became wildly popular in Japan in 2003. This soap opera has raised the level of favorable interest toward Korea in Japan that has never been witnessed in any previous efforts, including governmental summits. Middle-aged Japanese women were behind the soap opera craze and the "Yonsama" phenomenon from the explosive popularity of actor Bae Yong-joon. Through the soap opera, Japan and other nations have identified their desire for intimacy in relationships, which has been the driving force in the expanded interest in Korean culture and society (www.Korea.net).

Professor Kang Chul-keun even pitch in that for the first time, Asians have a genuine cultural exchange vehicle through hallyu. He believes that regardless of ethnicity and nationality, they share the same sentiments while watching Korean soap operas and films. They indeed feel the quality of the effort that is put into such projects, and now have found answers to their thirst for sophisticated cultural products. This is not a temporary phenomenon, and it should not be underestimated. A single TV soap opera that depicted a true love between a man and a woman helped dissipate deep-rooted prejudice of Japanese against Koreans.

Reversing the tide, on the other hand as early as 2008, the closed-door and socialist state of North Korea from its ‘hermit kingdom’ heritage welcomed New York Philharmonic, powered and fostered by “cultural diplomacy” between the technical rival countries, the United States and North Korea. In the event, it was reported that North Koreans have opened their door to some 400 people, the largest contingent of Americans to visit this isolated, totalitarian state since the Korean War ended in 1953. The group includes musicians, orchestra staff, television production crews and 80 journalists, as well as patrons who paid US$100,000 a couple.

IV. The Impacts of Korean Wave

Globalization plays a bigger role in promoting Korean Wave so fast-paced. Whether in Youtube to boob tube and any other Internet mediums, and cable channels. Professor Kang Chul-keun asserts that Hanryu carries the spirit of popular culture that seeks and explores human universality. The fact that Asians started cultural exchanges through hanryu has another historical significance. Asians who have long been immersed in the Western popular culture have now found alternatives.

On the other hand, it also holds the spirit of traditional culture or cultural heritage which also befits modern society and its future promises. Traditional culture manifests its intrinsic meaning as a source of power which enables connection between the past, present and future. Modeling traditional culture as a spiritual body provides a ground in enriching the future creation of culture. There is a future in tradition - it is the motivating power in the creation of new cultures.

More so, there has been much talk about hanryu creating a higher Asian cultural community. It is apparent that through Asian soap operas, Asians who have experienced similar modernization processes have an increased sense of solidarity. Their envious look toward the West has changed. It is significant to understand that hanryu has forged stronger relations between Asian countries. In the long run, the higher objective of building an Asian cultural bloc should be reached.

Because of hanryu, pop-cultural tourism has also been encouraged into understanding cultural factors where traveling to locations featured in soap operas, literature, film, music and any other form of popular entertainment have been in demand.

Despite South Korea’s rapid economic growth and the hanryu phenomenon, immigrants and massive influx of tourists in Southeast Asia has been unprecedented, although in the ASEAN region, understanding of Korea needs to be further enhanced. However in the Philippines, for instance, Koreans consist of mostly expatriates from South Korea. The Philippines has opened its doors for Koreans in 2004 for business, education, and/or leisure purposes, ministry and popular destination for retirees on fixed pensions. Hence, top tourists arrivals in the country are now Koreans, outnumbering Americans, Japanese and European travelers. Koreatowns are also apparent in Metro Manila and Koreans also reside in quieter provinces of the country, but they are often criticized for keeping to themselves and forming a closed community. Changes are made now because of increasing interaction between the host country and the immigrants, wherein Koreans sometimes shine in the dynamic local entertainment industry and lucrative business sector in the Philippines.

V. Conclusion

Korea’s rapid economic dynamism since has been transparent on its engagement and participation to multilateral dialogues in East Asian region. Korea has been a dialogue partner of ASEAN since July 1991, and through the ASEAN plus Three multilateral framework of East Asian co-operation. It has been an active member of the ASEAN Regional Forum (ARF), Asia-Pacific Economic Cooperation (APEC) and the Asia-Europe Meeting (ASEM).

In the midst of these regional dynamics (Ho Kai Leong: 2007), ASEAN-Korea relations seem relatively neglected, and have been related to receiving marginal policy attention from Southeast Asian governments. As the ROK is a latecomer in establishing ties with Southeast Asian neighbors, it needs to catch up with other two Northeast Asian (China and Japan) neighbors in building and improving ASEAN relations.

In its relation with North Korea, Ambassador Sung-oh Shin (1999:47) still believes that security-related agreements or understanding between two Koreas are quite rare. Yet, there exist a few of such understandings, which also contribute to the mitigation of tension on the Korean Peninsula. The Declaration of Nuclear-free Korean Peninsula is a case in point.

The use of [South] Korea’s soft power diplomacy on how to confront strains and tensions between former enemies in Northeast Asia should be applied also to its political reconciliation with North Korea since the inception of the Sunshine Policy to contain North Korea’s Cold War-style confrontation.

The success of Korean wave is emanating through cultural domains around Asia from China, Japan, and Southeast Asia, and also conquering the vastness of Hollywood and Europe. Right now, ASEAN and South Korea (Hernandez: 2007) are the weakest of the four players within the ASEAN plus Three process. Given Korea’s status (Prasetyono: 2007) as an economic power, its lack of political ambitions, and its situation between Japan and China, mediation from it would be more acceptable to other Asian countries. Cooperation with ASEAN would therefore increase Korea’s strategic weight.

The advantage of South Korea to advance its Soft Power Diplomacy since hanryu is at the peak of its success in introducing and influencing Korean pop-culture to the rest of Asia is tolerable and acceptable. On the other hand, Korea sees many hindrances on how to exercise its power, away from the strength of its competing neighbors of China and Japan. In the process, South Korea would be vulnerable if it were left to deal with both China and Japan on its own.

It is therefore recommended that the [South] Korean government puts more effort into understanding these hindrances to achieve a leverage and favorable outcome and a more positive image away from the remnants of security disorders within the Korean peninsula, and emerge as a new economic force and catalyst supported by two of its gigantic economic neighbors. Only by understanding the hindrances and sustaining the success of the Korean Wave should South Korea attain the effectiveness it has set for Soft Power Diplomacy. As such, the two Koreas may have gather together their strengths and willingness to sacrifice each other’s defense and foreign policy differences in order to achieve the aims of the Soft Power Diplomacy. In the process, this will gradually build mutual confidence in each other which is essential basis for peaceful unification of the two Koreas and for the stability of the rest of Asia and the world.

References

Hernandez, Carolina (2007) Strengthening ASEAN-Korea Co-operation in Non-Traditional Security Issues, in Ho Khai Leong’s ASEAN-Korea Relations: Security, Trade and Community Building, Institute of Southeast Asian Studies, Singapore.

Ho Khai Leong (2007) ASEAN-Korea Relations: Security, Trade and Community Building, Institute of Southeast Asian Studies, Singapore.

Mahbubani, Kishore (2008) America’s Place in the Asian Century, Current History, May 2008 issue.

Nye, Joseph Jr. (2005) Soft Power: the Means to Success in World Politics, Political Science/Public Affairs and Administration. Amazon.com

Pobre, Cesar (2008) Role of Korea in the Peace and Security of the Asia-Pacific, National Security Review, National Defense College of the Philippines, Quezon City.

Prasetyono, Edy (2007) Next Steps in ASEAN-Korea Relations for East Asian Security, in Ho Khai Leong’s ASEAN-Korea Relations: Security, Trade and Community Building, Institute of Southeast Asian Studies, Singapore.

Shin, Sung-oh (1999) Defense Policies of Korea, The Ambassador Speaks, National Defense College of the Philippines, Quezon City.

Electronic Sources

http://www.allacademic.com

http://www.korea.net

http://en.wikipedia.org/wiki/KoreanWar

http://curlyjoe.gnn.tv/headlines/9334/South_Korean_Anti_Americanism

http://en.wikipedia.org/wiki/South_Korea

http://en.wikipedia.org/wiki/Korean_wave

http://www.nytimes.com

Thursday, December 3, 2009

Chowking: A Taste of the Filipino Consumerism on Chinese Cuisine

Copyright © 2009 by Chester B Cabalza. All Rights Reserved. (Abstract)

It was during the Ming dynasty (1368-1644) when the Philippines-China friendship reached its peak. In one of the accounts of Sino-Sulu relations narrated in the Ming Annals, it was recorded that the Sultan of Sulu, Paduak Patara, visited China in 1417 CE (Common Era) where he was royally received by the Chinese emperor. But the sultan was stricken ill and died in the city of Dezhou at Shandong province. The benevolent emperor honoured the Muslim king with the title of Kong Ting (brother) and ordered the construction of a handsome mausoleum to mark the tomb of a Filipino monarch.

Undeniably speaking, today’s Philippine foods have been highly infused by the Chinese cuisine aside from Spanish and more local gastronomic influences. One of the popular Philippine-based chains that pioneered the Asian quick-service restaurant which combines western fast-food style of service with Chinese food is Chowking (超群). Founded in 1985, Chowking predominantly sells noodle soups, dimsum and rice toppings. However, at the start of the 21st century on January 1, 2000, Chowking was bought out and became an entirely-owned subsidiary of Jolibee Foods Corporation, the Philippines’ biggest fast food chain.

The subjective reality of Chowking which represents connectivity of Philippine consumerism to the Chinese market, stirred by the assimilation of the influential Tsinoy (Filipino-Chinese) community in the country which proves the warm reception of Chinese foods and products in the Philippines. Hence, Susan Sontag’s “Subjective Reality” offers the description of the usefulness of culture in the capitalist society’s image that allows aestheticizing of the commodity which can subjectify or objectify culture.

This paper addresses the argument that Chowking, a popular Philippine brand produced, distributed, circulated and consumed over three decades already by Filipino consumers is now absorbed in the Philippines’ national consciousness cemented by the slogan “Laking Chowking” (I grew up with Chowking), under the mixture of highly-influenced Cantonese/Hokkien and Filipino cuisines, which is freely integrated in the country’s cultural economy, and affirms its presence in the growing fast-food chains in the Philippines but substantively designated as Pop Culture China.

It also reflects the success stories of Chinese Diaspora in the Philippines and the Tsinoys (Filipino-Chinese) as catalysts of change in the mainstream Philippine culture and society. Added by today’s dramatic increase of China’s Soft Power Diplomacy in the region through the infusion of Chinese Pop Culture has positively paved a way on how Filipino people perceive the Chinese people reflected through the Philippine’s own Chowking restaurants and the Tsinoy community.

With the tremendous mobility brought about by globalization where immense flood of capital, foods, ideas, labour, profits and technology are rapidly moving across the four bounds of the earth. Today, Chowking has steadily been expanding its network within the Philippines having now 400 stores nationwide and began exploring offshore markets such as in the United States, the Middle East and Indonesia.

Marital Laws in the Philippines

Copyright © 2009 by Chester B Cabalza. All Rights Reserved. (Abstract)

The Philippines, being the largest Roman Catholic country in Asia, is one the only remaining countries in the world, without a divorce law. This holds true when the late President Corazon C. Aquino signed into law Executive Order No. 209, otherwise known as the “Family Code,” partially influenced by Canon Laws, which took effect on August 3, 1988, governing marriages of all non-Muslim Filipinos. This is supported by the 1987 Philippine Constitution, under Article XV, Section 2, and Article 1 of the Family Code, which both expressly characterize marriage as the foundation of the family and an inviolable social institution. By and large, marriage in the Philippines is a special contract of a permanent union between a man and a woman (same sex marriage is null and void), in which the State plays as an arbiter, whether or not it will allow dissolution of marriage to spouses.

However, under the Family Code, a spouse who seeks relief from the effects of marriage may avail of any of the following remedies: (1) declaration of nullity of marriage, (2) annulment of marriage, and (3) legal separation.

Grounds for the declaration of nullity of marriage are the following: minority; lack of parental consent; absence of marriage license; bigamous or polygamous marriages; mistake in identity; subsequent marriage which has been annulled but fails to record the judgment of annulment; incestuous marriage; void by reason of public policy; and psychological incapacity. Grounds for annulment consist of the following: no parental consent; unsoundness of mind; fraud; force, intimidation or undue influence; impotence; and sexually-transmissible disease. Lastly, grounds for legal separation include the following: infliction of physical abuse; moral pressure; grossly abusive conduct; promotion to prostitution; final judgment of more than six years imprisonment; drug addiction, habitual alcoholism, lesbianism or homosexuality; contracting of subsequent bigamous marriage; sexual infidelity; sexual perversion; attempt on the life of the spouse; and abandonment. More so, these “quasi-divorce” means in the country involve moral, social, economic and psychological issues.

At present, absolute divorce is not allowed in the Philippines, however, the paper will try to address whether the apparent socio-economic problems the country is facing are sufficient for the family courts to be flexible on its current remedies available to spouses. For instance, there is a growing number of domestic violence in Filipino households, which gives significance by Republic Act 9262 or the special law defining Violence against Women and their Children. There are also numerous cases on the plight of the Overseas Filipino Workers (OFWs), some of whom may have left dysfunctional families behind, or affluent parties who later become naturalized as foreign citizens and obtain divorce decree abroad. These cases add to the increasing statistics of spouses seeking legal remedies to their marital problems. Hence, the current socio-economic alterations in the country, pose valid considerations in resolving the issues in the present Family Code and other civil laws of the country.

This paper seeks to scrutinize and understand the current socio-economic changes as well as the cultural, moral, and psychological issues in the Philippines which may affect the legality of marriage and sanctity of family available to spouses and their children whose marriage is falling apart and family is breaking away. Particularly whether or not, the conservative approach of the highly influential Catholic Church in the Philippines, still adapts to the ever-evolving economic, moral, and social challenges the country is faced with in a deterritorialized world.

Anak ng Jueteng!

Copyright © 2009 by Chester B Cabalza. All Rights Reserved.

After some deliberations and careful study whether we pursue the forum on jueteng and illegal gambling in the Philippines, the author finally proposed to organize it, through the Crisis Management Institute (CMI) by conducting the regular Crisis Management Forum (CMF), entitled, Jueteng and its Impact on National Security last November 11, 2009.

The objective of the forum aims to gather inputs from various agencies and stakeholders to examine and look at the positive and negative effects of jueteng to later on write a comprehensive study on the said topic and to recommend policies about jueteng’s impact on national security.

Lectures, speeches, statistics, and power point presentations complemented the discussions in the said forum.

The presentation of Dr. Castro examined the historical roots of gambling and looked at the cultural context of gambling in the Philippines. He accounted that since 17th century, historian William Scott, documented already the presence of illegal gambling in the country such as cockfighting and betting, two of the popular gamble games, back that period. This was supported by French anthropologist Jean Mallat that illegal gambling had been famous already in the country since 1846. Although, gambling as a form of past-time was widely influenced by the Chinese, and such games like, taypo, dibersyon, cockfighting, billiards, beto-beto, tirimbi, sakla, and jueteng were prevalent that time.

Director Castañeda of the CIDG-PNP, on the other hand, also as a lawyer explained government measures to stop the operation of jueteng, such laws and department orders include, NAPOLCOM Resolution 2006-116, Section 63 of Republic Act 8551, NAPOLCOM Memorandum Circular No. 2002-004, and the creation of Anti-Illegal Gambling Special Operations Task Force (AIG-SOTF); and penalties imposable on jueteng, provided by Presidential Decree 1602 and Republic Act 9287. Hence, he also reported that current legal variable of jueteng is the Small Town Lottery (STL) which is being used for charity fund sharing, where recipients of the charity fund can provide immediate and localized funding assistance for health and development projects in various localities.

Lastly, Mayor Dominador Villena narrated actual experiences on the operation of jueteng and its implication among politicians during elections, which is widespread in Central Luzon, Southern Tagalog, Northern Luzon, Metro Manila, Bicol Region, Cagayan Valley, and the Cordillera Autonomous Region (CAR). He also discussed the operation and mechanics of this illegal numbers game, where it involves the combination of 37 numbers against 37 numbers, however, in some areas operators use 38 numbers. There are 1,396 for 37 numbers and 1,444 for 38 numbers and the draw is witnessed by all cabos or jueteng supervisors.
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The half-day forum on jueteng and its implication on national security gives refreshing perspective among the participants and panelists as well, since all of the speakers, unanimously admit the need to legalize jueteng since it encompasses cultural, political, psycho-spiritual, and economic dimensions in the day-to-day lives of the bettors and the betting operators, despite ipso facto massive opposition from the Catholic church. Hence, it was found out that it is not uncommon for gambling lords to be church donors or involved in humanitarian projects since they believe in balato as a concept of reciprocity. Both parties in a reciprocal relationship benefit from it through utang na loob (debt of gratitude). It is also alleged that gambling lords also fund political campaigns of certain candidates. Thus, they could seek certain favors in return once they win.

As a social effect on national security, the common Filipino psyche on the cycle of life proves that life, in general, is viewed as a never-ending gamble in life. Since there are economic, political, and social uncertainties in each Filipino lives, every decision made is a bet. Eventually, one may either win or lose.

Wednesday, December 2, 2009

Tourism in ASEAN Region: Threats and Opportunities

Copyright © 2009 by Chester B Cabalza. All Rights Reserved.

This paper was presented by Chester Cabalza, MA in the 1st UP Conference on Tourism and Hospitality last February 23-24, 2009 organized by the UP-AIT and Tourism Foundation, Inc. at SEAMEO INNOTECH, Diliman, Quezon City.

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I. Introduction

The study aims to understand the various threats and opportunities to the Tourism and Travel (T&T) industry in the Association of Southeast Asian Nations’ (ASEAN) region especially that there is a stiff competition in the tourism market around the world. The perception that Southeast Asia has lost its lackluster should need to reinvent policies in the services sector particularly on how to sustain the massive contribution of tourism industry to the gross domestic product (GDP) of ASEAN economies. This is also to recognize that ASEAN tourism receipts are equivalent to almost ten percent of exports and five percent of regional economic activity.

Southeast Asia is home to heterogeneous cultures and diverse ecosystem. The region also houses developing and newly industrializing countries led by Singapore, Malaysia, Indonesia, Thailand and the Philippines that massively promote its own tourism as brands to the world. It is important to study the emerging tourism and travel industry within the region because of the fast and relevant economic activities undergoing in ASEAN, hosting major aviation and maritime hubs in this corner of the globe, where foreign tourists and investors come to visit beautiful places of the region.

ASEAN also plays as a strong actor, being one of the oldest regional organizations in the world. Thus, the ASEAN Tourism Forum (ATF) was created to cohesively promote inter and intra tourismic activity in Southeast Asia.

The fact that peninsular and insular parts of the region is gifted with bountiful tourist destinations like white beaches, mountain havens, tropical forests, underground rivers, marine sanctuaries, Buddhist temples, Catholic churches, Muslim mosques and prehistoric ruins. However, ASEAN is still perpetuated with several anticipated and impeding threats and sensitive issues that challenge the prime position of tourism industry. More so, it also drives the region’s competitiveness especially in the age of globalization where each country within Southeast Asia can now showcase the rich culture and natural resources it possesses to other citizens of the world.

Hence, in the succeeding flow of the research, several variables would be discussed, forming the main threats and opportunities that may impede the pace of the tourism industry in the region, following several contentions.

Despite the world’s looming economy since mid-2008 and amidst a lingering second round of Great Depression in succeeding years, T&T industry is certainly hurt by the continuing recession. It can, however, be prescribe that the region should remain calm after its decade’s recuperation from the 1997-1998 Asian financial crisis that started in Thailand. Because of that excruciating experience, countries in the region are expected to either remain resilient or gamble, in spite of the periodic effects of financial crunch today and in the future, which threatens the booming tourism industry around the region. Therefore, preventive measures for the tourism industry should be suggested to avoid such decrease of tourists in times of economic meltdown.

Furthermore, another tangible problem that was and still seen to hit the tourism industry of ASEAN would be security issues such as natural and man-made disasters where ASEAN region is geologically situated in a ring of fire and threatened by bands of terrorist. The case in point are the Muslim secessionist groups in several Southeast Asian countries and communist terrorists particularly in the Philippines who recently use tourist spots and recreation to further their political and religious aims. For example, terrorism has caught international limelight across the world where the region’s maritime tourist destinations are quite unsafe. Natural disasters are undeniably recurring yet devastating such as tsunamis and earthquakes, which would root havoc catastrophes in many disaster-prone beaches and cities, where most tourists rest and recreate.

More so, epidemics such as avian flu and AIDS, likewise, have contracted many travelers around the region, frightening regional governments to safeguard its people and tourists from further contagion of these communicable diseases.

The alarming effects of climate change have led ASEAN governments to a sudden realization that there is a call for to properly conserve and safeguard deteriorating natural resources. Championed by massive campaigns of influential environmentalists and other non-government organizations (NGOs) to invest on the ecological importance of the diverse flora and fauna, as well as, the heterogeneous cultures of Southeast Asia. The need to map out favorable tourismic programs that would suit to the current global issues and concerns in conserving the rich ecology and living cultures of the region.

However, to some critics of this sunrise industry, tourism boom has only led to environmental and social problems, such as pollution, deforestation, child prostitution, drug trafficking, and socially transmitted diseases. Sex tours for Japanese and Chinese tourists have been reported in the Philippines and Indonesia. Prostitution is legitimate in Thailand. Opium and heroin trafficking in the region’s Golden Triangle has become an international concern.

Hence, it can be inferred that tourism market in Southeast Asia has constantly been challenged by enduring threats that sometimes have turned out to be good opportunities. This is attested through the Chinese symbol of crisis, spinning threats into opportunities.

Meanwhile, the positive side of tourism industry in the ASEAN region could be embraced by the sudden importance of promoting ecotourism and ethnic tourism, despite its sensitivity and infancy to the T&T industry. Based from studies, these twin tourismic programs will surely increase tourism receipts to the region, given the region’s inherent natural bounty and distinct smiling people, benefiting a multi-billion dollar industry.

Part of the program, is also the prominence of ‘bird’ tourism, where migratory birds are believed to be good indicators of environmental health and biodiversity.

To augment tourism receipts and reverse the brain drain among health practitioners in the region, particularly in the Philippines, a new trend has begun in luring the burgeoning market of Medical Tourism (MT). In was reported, however, a decade ago MT was hardly large enough to be noticed, but now patients from developed countries come to the region because of equally state-of-the-art facilities, competent physicians, hospitable health staffs, lower expenses in major operations, and greater access to more scenic tropical sights.


II. Formation of the ASEAN Tourism Forum

ASEAN was established on 8 August 1967 in Bangkok by the five original member countries, namely, Indonesia, Malaysia, the Philippines, Singapore, and Thailand. In 8 January 1984, Brunei Darussalam joined the regional grouping. Then, Vietnam became an official member on 28 July 1995 paving the way for Laos and Myanmar to enter ASEAN on 23 July 1997. Lastly to complete the list, Cambodia was admitted on 30 April 1999.

Tourism cooperation was formalized in 1976 when the ASEAN Committee on Trade and Tourism set up a sub-committee to deal exclusively with the sector. Initiating promotions, marketing and research, and its achievements included the annual ASEAN Tourism Forum (ATF) that started in 1981.

In 1988, six-member countries of the ASEAN signed a Tourism Agreement with an aim of undertaking promotional activities and vitalizing travel from and among ASEAN member countries. This is to recognize that ASEAN tourism receipts were equivalent to almost 10 percent of exports and five percent of regional economic activity.

Today, the tourism industry in the ASEAN region has constantly been ranked as one of the best tourist destinations in the world. More so, in promoting the ASEAN Tourism, a new brand has been dubbed for the entire region as “Asia’s Perfect Ten Paradise”.


III. Main Threats and Opportunities to the Tourism Industry in the ASEAN Region


The growth of the Chinese and Indian economies is drawing in resources from Southeast Asia and creating competition particularly in service industries like tourism. However, transformation is a hallmark of post-World War II economic development in Southeast Asia. Generally, the ASEAN region has varying market economies and each country in the region has peculiar assets and resources that will indeed boost tourism receipts.

A threat can be construed as an indication of impending danger or harm. One that is regarded as a possible danger or a menace. On the other hand, an opportunity is a favorable or advantageous circumstance or combination of circumstances. A chance for progress or advancement.


Threats

A. Impacts of Global Financial Crisis to ASEAN’s Tourism Industry

Tourism is recognized as one of the major engines for socio-economic development and sustainability in most countries of the ASEAN. However, economic crisis can indeed affect the tourism industry by massive lay-off of workers in tourism-related businesses and decreasing hotel room occupancy. A case in point is the 1997-1998 East Asian financial crisis, which had become a serious problem that slightly harmed the tourism industry in the region, decreasing visitor arrivals in succeeding year.

But ten years after, another returning fiscal threat has been challenging the tourism industry within the region, courtesy of the global financial crisis. Early signs of the financial crunch was sighted in the United States, thus admittedly, a portion of American travelers in the region decreased, hitting once more the sunrise industry of tourism. Apparently, there are speculations that hoteliers are experiencing significant downturn in the hotel and resort occupancy or rate of room reservations in best-loved beaches in Bali, Boracay, Langkawi, and Phuket.

Hence, tourism leaders show signs of skepticism, attributing to the current global crisis, since the core tourism markets from the United States, Europe, Australia, and the rest of Asia feel less inclined to travel in 2008 and 2009.

However, this year, the United Nations World Tourism Organization (UNWTO) has forecast a negative two percent to zero growth for the Asia-Pacific region that includes ASEAN countries with international tourism stagnating by two percent due to the worsening global financial crisis. However, UNWTO recently rated the Philippine tourism campaign as the best-improved in Asia with a 10.6 percent annual growth rate, the highest in Southeast Asia surpassing the 7 percent increase of tourist traffic in the Asia-Pacific region (Philippine Daily Inquirer, 2009).

B. Recurring Natural and Man-made Disasters

In terms of major threats to the tourism industry in ASEAN, natural catastrophes such as tsunamis, super typhoons, earthquakes, and man-made disasters like terrorism and seperatism, are certainly inevitable threats but can also be mitigated. Thus, the basic answer to these problems is to create and properly implement contingency plans for those hazards, which can present situations that are common across the spectrum of emergencies. In effect, specific hazards can pose sets of problems that must be dwelt as well.

To cite an example, the South Asian Tsunami in 2004, caught the attention of policy-makers in the region, and immediately after the tragic catastrophe, the ASEAN Tourism Ministers drafted an important agreement called, The Langkawi Declaration on “Shifting Paradigm – Prospering the Region”. They expressed their profound sorrow over the great loss of lives and properties from the earthquake and tsunami disaster and reaffirm their solidarity in assisting affected countries to rebuild their economies and accelerate the reconstruction and restoration of the tourism industry in the region.

Consequently, it was believed that tourism not only contributes to climate change that inevitably causes natural disasters, but is affected by it as well. Climate change is likely to increase the severity and frequency of storms and severe weather events, which can have disastrous effects on tourism in the affected countries. Some of the other impacts that the world risks as a result of global warming are drought, diseases and heat waves. Therefore, these recurring and sometimes unforeseen natural disasters are major threats to the tourism industry if not well mitigated by governments in the region.

Meanwhile, Vorobieva (2002) deems that terrorism is a multi-faceted phenomenon. It contains political, legal, psychological, philosophical, historical, technological and other components.

The recent terrorist attacks on popular tourist spots suggest that tourism has been used as scapegoats for expressing greater political, cultural, religious and social aims. To cite a few but high-profile actions of Muslim terrorist groups such as the Abu Sayyaf Group (ASG) and Jemaah Islamiyah (JI), these include the following, namely, the Sipadan-Sulu hostage crisis on 2000, Dos Palmas kidnapping on 2001, Bali bombing on 2002, Jakarta JW Marriott Hotel bombing on 2004, Bali bombing II on 2004, Superferry bombing on 2004, the Valentine bombing in Makati on 2005, and Zamboanga bombing on 2006.

Because of rampant terrorist activities of these bandits, only in 2002, the ASEAN Tourism Ministers gathered together, made an historic action, and singed the “Declaration on Tourism Safety and Security”. This is to recognize the importance of tourism as a significant industry in the promotion of economic benefits and social unity, which among others, provides job opportunities. This urged their call that terrorism is a direct challenge to tourism development in the region and finally reiterated their commitment to work in close partnership to build travelers’ confidence and endorse peace and stability through tourism.

C. Challenges of Climate Change

Since the introduction of the jet aircraft in the early 1960s, Southeast Asia has emerged as one of the fastest growing tourist destinations in the world. Thus, impacting tourism as a source of change in the economy, environment, and society that varies widely across the region, with some areas receiving proportionately far tourists while others are completely unaffected by them (Din and Chairholder, 2005).

But air travel itself is a major contributor to the greenhouse effect. Passenger jets are the fastest growing source of greenhouse gas emissions. The number of international travelers is expected to increase from 594 million in 1996 to 1.6 billion by 2020, adding greatly to the problem unless steps are taken to reduce emissions, based from World Wildlife Fund (WWF) report. However, according to a recent research carried out by the UNWTO (2007), carbon dioxide emissions from international tourism including all forms of transport like airplanes accounted for just under 5% of the world total. Emissions from tourism are far below many sectors, however, apart from transport emissions, tourism is a relatively clean activity.

A fact that Southeast Asia is known worldwide for its biodiversity, environmentalists and scientists are worried that climate change would certainly affect the loss of biodiversity, without proper action and misguided programs on ecotourism. Furthermore, nature tourism is closely linked to biodiversity and the attractions created by a rich and varied environment. It can also cause loss of biodiversity when land and resources are strained by excessive use, and when impacts on vegetation, wildlife, mountain, marine and coastal environments and water resources exceed the carrying capacity. This loss of biodiversity in fact means loss of tourism potential.

WWF even contest that climate change would threaten food supplies, opportunities for recreation and tourism, sources of wood, medicines and energy. It also interferes with essential ecological functions such as species balance, soil formation, and greenhouse gas absorption. Finally, it destabilizes ecosystems and weakens its ability to deal with natural disasters such as floods, droughts, and hurricanes, and with human-caused stresses, such as pollution and climate change.
Hence, not all ecosystems and human settlements are equally sensitive to changes in climate. Countries in the region still vary in their relative vulnerability to changes in temperature, precipitation and extreme weather events and their ability to cope with such changes.


Opportunities

A. Prospects of Ecotourism and Ethnic Tourism


Tourism undeniably provides substantial contribution to the local, national as well as the global economy. The nature, type, and scope of tourism destinations have been developing and evolving into more exciting forms that conventional tourism management find it hard to implement tougher environmental requirements needed for sustainable tourism development. According to World Trade and Tourism Organization (WTTO), sustainable tourism development should meet the needs of the present and host regions while protecting and enhancing opportunities for the future.

The impact of tourism on environment and local cultures, however, need not always be negative. Environmental and cultural sensitivity can be, and should be, integrated into regular tourism programs. Such is the case of ecotourism and ethnic tourism. Because of these alternative itineraries, tourists not only visit the best resorts and shopping malls but also appreciate ecological landscapes and immersion within local communities.

In the Philippines, one successful strategy in promoting ecotourism and ethnic tourism would be the ‘jungle survival’ in Subic. The Subic Bay is a former U.S. naval base transformed into a promising economic hub with preserved primary forests and deep natural harbor. In the jungle survival package, the Agtas, an indigenous Negrito group teaches tourists basic techniques in jungle survival. The Subic Metropolitan Bay Authority (SMBA), the governing body of this booming economic zone, has seen potential commodity using indigenous knowledge by promoting ecotourism and ethnic tourism folded into one. This strategy, in a way, has helped preserve Agta’s traditional culture as well as conserving the ecosystem while selling it as hot items among tourists.

Of course, government plays a major role in determining which places for ecotourism and groups of people for ethnic tourism can be recommended for tourists. Wood (1997) believes that the material sources to reconstruct ritual traditions for tourist consumption has become one of the main factors in selecting appropriate areas for international tourism.

So far, the attraction of ethnic tourism for tourists is based on a conceptualization of the ‘Other’ [Budiwanti, (org. Maunti, 2002)], especially in Third World countries, when people of host countries may see an opportunity to exploit this western fascination of the ‘Other’. External forces like the tourists, through programs such as ecotourism and ethnic tourism seem to turn indigenous cultures as commodities, although, sometimes this has strengthened the creation of new forms of identity.

It is said that while the immediate concern will always be the number of jobs created or lost, and revenues generated or forgone, the less immediate effects, such as environmental and cultural deterioration or revitalization, and the erosion of community identity and cohesion, will require careful and costly studies in concert with broadened public discourse to allow for better appreciation of the significance of tourism among industry insiders and the community at large.

In addition, (Edmons & Leposky, 1998) with the emergence of ecotourism and ethnic tourism in Southeast Asia as ways of promoting heterogeneous cultures and rich flora and fauna, consequently, other interesting packages competing in the market, particularly holiday ownership and timesharing, are also contributory to the development of economic activities through tourism. Experts deem that holiday ownership adds value to a sustainable ecotourismic enterprise in two ways while timeshare exchange has the potential to attract timeshare visitors from all parts of the world to ecotourismic resorts.

B. Prominence of Bird Tourism

Based from the study of the Haribon Foundation, they found out that the Philippines and other countries in the Southeast Asia can be tapped for sanctuaries for “bird” tourism because of migratory birds from cold countries passing by the tropical islands of Southeast Asia.

In the report based from the Birdlife International’s Agenda, bird watching potential in the Philippines using biodiversity for ecotourism programs should be explored as another alternative package for the mushrooming tourism industry in the country and the region as well.

However, it is a fact that there are over 10,000 bird species in the world. One in eight of the world’s birds or 1,211 species faces extinction and one third of globally threatened birds are found in Asia. The birds are also used as good indicators of environmental health and biodiversity. Birds are found almost everywhere in the world but the density of globally threatened birds in the world is uneven.

On the other hand, biodiversity is becoming a rare commodity that can be used to attract nature tourists. In fact, some countries including forested Southeast Asia are particularly important for globally threatened species because 64% of globally threatened species are threatened by unsustainable forestry. Birds are found in all major habitats but forest is particularly important.

Hence, there are more than 7,500 Important Bird Areas (IBAs) in the world and over 2000 are found in Asia while 117 are found in the Philippines. Birds are also found in coastal areas and wetlands. Migrating birds know no boundaries. Given this data, today birdwatchers are the largest of all nature-watching groups worldwide since 78 million birdwatchers traveled and spent US$78 million in one year.

Thus, to sum it up, bird watching or experiencing nature in the wild has good potential in the Philippines and Southeast Asia, as a whole. This could be used to explore the use of flagship species and for ecotourism promotion and product development.

C. Conjectures of Medical Tourism


Medical Tourism (MT) also known as medical travel or health tourism can be broadly defined as a health holiday along with a provision for ‘cost effective’ private medical care in collaboration with the tourism industry for patients needing surgical and/or other forms of specialized treatment. It combines wellness and healthcare alongside leisure and relocation aimed at rejuvenating a person – mentally, physically and emotionally.

Ten years ago medical tourism was hardly heard of. Now, countries in Southeast Asia like the Philippines, Singapore, Thailand and Malaysia are growing as destinations for medical tourism because of world-class physicians and modern technology, with procedures delivered at a fraction of the cost of those in developed countries. These countries have excellent hospitals and stand-alone specialty clinics.

Looking at the ASEAN picture today, more than 250,000 patients per year visit Singapore alone - nearly half of them come from the Middle East. On the other hand, Thailand specializes on cosmetic surgery and dental treatments. Other in-demand procedures like eye surgery, kidney dialysis and organ transplantation are also among the most common procedures sought by medical vacationers in Southeast Asia. For a few patients, Phuket has another attraction as well, the Bangkok Phuket Hospital is the premier place to go for sex-change surgery. In fact, that is one of the top 10 procedures for which patients visit Thailand.


III. Conclusion

The fact that tourism is known to be the world’s largest industry to date especially in the age of globalization, promoting ASEAN as a single destination would mean a stronger cooperation and higher tourism receipts among member states. Furthermore, the ASEAN Tourism Forum plays an advantage to the region in giving quality tourism to tourists, sharing camaraderie and cooperation in times of crises, which would challenge the booming tourism industry in Southeast Asia.

Enmeshed in increasing interconnections of trade and travel of people in Southeast Asia and the world, in case of unanticipated financial crisis, emerging industries like tourism services would indeed be affected. Prescriptions are made such as massive bailouts from developed economies, which have also affected least developed countries, but still, T&T will survive and continuously will grow. Consequently, the increase in economic activities due to tourism investments in Southeast Asia’s tourist spots have served well to the escalation of construction services and direct employment in tourism services.

As more and more people from different societies and cultures come into contact with one another. National barriers are breaking down and new formation of geopolitics is moving on because of new developments and events in the world. This has been coupled with the lifting of travel restrictions in many parts of the world, such as in the case of ASEAN’s implementation of a visa-free policy among its member states.

In terms of natural and man-made disasters, most experts today advocate a comprehensive “all hazards” approach to emergency preparedness. The need for contingency plans that take into account potential natural, technological, and man-made threats to the advancement of well-deserved tourism services. These well-thought contingencies for tourism safety and security can ultimately help save lives, reduce property loss, as well as lessen the region’s tourism industry’s potential liability.

To contain the challenges of climate change in the region, ASEAN countries must encourage researchers and scientists to conduct further biological study or inventory of wildlife resources to serve as basis in the formulation of sound management policies for conservation and sustainable resource utilization. Southeast Asia’s biological megadiversity is very high in terms of species richness, ecosystem and biodiversity. It is also recommended that more protected areas should be safeguarded in the region and enforce rigid national or local environmental laws.

On the other hand, in terms of opportunities, the popularity of ecotourism and ethnic tourism around the region, attest that there are alternative and common tourism programs that these ten-countries of the ASEAN can offer, aside from its famed heterogeneous culture and cuisines.

A good tourism development plan must preserve the overall quality of the environment and tourist resources that will allow them to be used in the future. The planning and management of tourist development must not trigger serious ecological or socio-cultural problems. The attraction of area should be maintained to continue the level of tourist satisfaction that will sustain commercial potential of the area and ultimately benefiting all the members of the community. It is therefore imperative that with increasing activities on various tourist destinations will require the cooperation of all stakeholders in the community.

To promote bird watching in the region, Important Bird Areas (IBAs) must be thoroughly identified first since there are abundant bird species in Southeast Asia. To endorse bird watching as additive ecotourism promotion and product development. At the same time, killing migratory birds and endangered bird species must be stopped. Lastly, to conduct reforestation activities to promote biodiversity since birds are also used as good indicators of environmental health and biodiversity.

Nevertheless, despite MT’s emergence there seems to be a problem on alleviating it through proper policy-making. First, the healthcare industry has some inherent drawbacks. It lacks standardization in medical care and cost, insufficient regulatory mechanism, and infrastructural bottlenecks or poor medical insurance coverage. The immediate need is the establishment of health and tourism players’ consortium to discuss about all issues and maintain closer interaction and coordination to develop medical tourism in the region – another growth engine for investments.

Furthermore, in promoting the ASEAN tourism, a new brand has been dubbed for the entire region as “Asia’s Perfect Ten Paradise”. Thus far, the outlook of the region’s tourism share in the world tourism industry must be given more attention to attract numerous tourists worldwide.

The region is now at the crossroads of achieving higher tourism receipts since some countries are competitively outsourcing tourists and travelers to come to its specific countries. There is still a need to upgrade airports and seaports to meet international standards and compete globally. There is a need to continuously safeguard major tourist attractions from environmental degradation, discover more potentially attractive tourist sites, and market tourist destinations in other untapped countries should be opened up.

According to the World Trade Organization (WTO), sustainable tourism development should prepare from the cyclical threats and meet the needs while protecting and enhancing opportunities for the future enrichment of countries within Southeast Asia.
Hence, we can expect an increasing and/or decreasing rate of tourist visits into the region unless certain policies pertaining with those threats and opportunities must be talked about and realized. As this trend continues, several transformations are likely to occur in the cultures of the region. This time, however, the peoples of Southeast Asia have the choice of what course of change to take in. They also have the choice of what type of tourism programs to encourage and implement.

Obviously, there are more questions than answers on the threats and opportunities in the tourism industry in the ASEAN region. It is hoped that this paper will pave way for other students and scholars of tourism to pursue similar researches on the safety and security of tourism and its related fields.


References

Budiwanti, E., (2002). Culture and Globalization and the Maintenance of Local Identity: A Case Study of the Wetu Sasak, West Nusa Tenggara, Indonesia, in Aguilar, Carmencita, ed. Political Culture and Globalization, pp.181-187, Quezon City, Philippines.

Cabalza, C., (2006). The State of Regional Tourism in Southeast Asia, paper presentation, 2nd Graduate Students' Conference, Asian Center, University of the Philippines.

Din, Abdul K., and Razak, Abdul T., (2005). Tourism in Southeast Asia: Local, Regional and Cross-cultural perspective, Ohio University (conference sponsored Center for International Studies).

Edmons, J., and Leposky, G., (2004). Ecotourism and Sustainable Tourism Development in Southeast Asia, Florida: Florida International University Press.

Mishev, P. and Milkana M., (2008). Climate Change Impacts on Tourism, International Conference on Global Environmental Change: Challenges to Science and Society,” 19-21 May 2008, Sofia, Bulgaria, http://global-change.meteo.bg/conference_en.htm

Vorobieva, L., (2002). International Co-operation in the Fight Against Terrorism, in Noor, E., and Hassan, M., (eds.), Terrorism: Perspective for the Asia Pacific. 11th Meeting of the CSCAP Working Group on Comprehensive and Co-operative Security, Malaysia: Institute of Strategic and International Studies (ISIS).

Wood, R., (1997). Tourism and the State: Ethnic Options and Construction of Otherness, in Picard, M. and Wood, R., (eds.), Tourism, Ethnicity, and the State in Asian and Pacific Societies, Honolulu, University of Hawaii.


Websites

ASEAN Tourism, http://www.asean-tourism.com

Philippine Daily Inquirer, http://www.inq7.net

Medical Tourism, http://en.wikipedia.org/wiki/Medical_tourism

World Wildlife Fund, http://www.worldwildlife.org

World Travel and tourism Council, http://www.wttc.org

Tuesday, December 1, 2009

Corazon Aquino vs Luis Beltran

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

Corazon Aquino vs Luis Beltran
En Banc Resolution
October 22, 1991

Facts:


February 11, 1991 was no ordinary day for the Regional Trial Court of Manila, particularly branch 35 thereof. Calendared for hearing that day was Criminal Case No. 88-61915, entitled "People of the Philippines vs. Luis Beltran," and scheduled to testify for the prosecution was no less than Her Excellency, President Corazon Aquino.

Upon prior permission sought and obtained by Presiding Judge Ramon Makasiar, the hearing was held at the session hall of the Manila City Council to accommodate the large audience. The proceedings were telecast live by several television stations, Judge Makasiar having granted on February 7, 1991 the request of Ms. Ida F. Vargas of the Presidential Broadcast Staff to televise the proceedings in said case.

The day after the trial, Sectoral Representative Arturo A. Borjal wrote Justice Marcelo B. Fernan lamenting the live coverage by several television stations of the court proceedings. In his letter, Borjal stated that, “in the United States and other democratic countries, live TV and radio coverage is strictly prohibited under their Rules of Court. For such practice tends to undermine the integrity of and decorum in judicial proceedings.”

On February 14, 1991, the Supreme Court En Banc required Judge Makasiar to comment on the letter of Congressman Borjal. Complying therewith, Judge Makasiar stated at the outset that "he had never asked, invited or requested any media man whether print, broadcast, or telecast, to cover the Court's proceedings." When a representative from Malacañang sought permission to televise the proceedings, he granted the request on the condition "that only the usual video footages would be taken of the proceedings for news purposes." It turned out that the entire proceedings was telecast live to the public.

Nonetheless, Judge Makasiar remarked that he "was not aware of any law, rule of court, or Supreme Court decision, guideline or declared policy, vis-à-vis, the live TV and radio coverage of court trials. However, sections 4, 7 and 14 (2) of the Bill of Rights (Article III) of the 1987 Constitution guarantee the freedom of speech, of expression, and of the press; the right of the people to information on matters of public concern; and the right of the accused to public trial, respectively. The implied suggestion of Congressman Borjal to ban live TV and radio coverage of court trials may be offensive to these constitutional freedoms and rights."

He further observed that "the justice system in the Philippines cannot be compared with that of the United States which adopts the jury system. Members of the jury are laymen, some of whom with low education, and therefore easily influenced by emotion, sentiments, comments of other people, and other human frailties. In the Philippines, justice is administered by judges who are learned in the law of evidence, and are constitutionally mandated to state clearly and distinctly the facts and the law on which their pronouncements and judgment are based."

Issue:

Whether live coverage by several television stations be allowed in court proceedings?

Held:

The records of the Constitutional Commission are bereft of discussion regarding the subject of cameras in the courtroom. Similarly, Philippine courts have not had the opportunity to rule on the questions squarely.

Courts do not discriminate against radio and television media by forbidding the broadcasting or televising of a trial while permitting the newspaper reporter access to the courtroom, since a television or news reporter has the same privilege, as the news reporter is not permitted to bring his typewriter or printing press into the courtroom.

Representatives of the press have no special standing to apply for a writ of mandate to compel a court to permit them to attend a trial, since within the courtroom a reporter's constitutional rights are no greater than those of any other member of the public. massive intrusion of representatives of the news media into the trial itself can also alter or destroy the constitutionally necessary judicial atmosphere and decorum that the requirements impartiality imposed by due process of law are denied the defendant and a defendant in a criminal proceeding should not be forced to run a gauntlet of reporters and photographers each time he enters or leaves the courtroom.

Considering the prejudice it poses to the defendant's right to due process as well as to the fair and orderly administration of justice and considering further that the freedom of the press and the right of the people to information may be served and satisfied by less distracting, degrading and prejudicial means, live radio and television coverage of court proceedings shall not be allowed. Video footages of court hearings for news purposes shall be restricted and limited to shots of the courtroom, the judicial officers, the parties and their counsel taken prior to the commencement of official proceedings. No video shots or photographs shall be permitted during the trial proper.

ACCORDINGLY, in order to protect the parties' right to due process, to prevent the distraction of the participants in the proceedings and in the last analysis, to avoid miscarriage of justice, the Court Resolved to PROHIBIT live radio and television coverage of court proceedings. Video footages of court hearings for news purposes shall be limited and restricted as above indicated.

Estrada vs Desierto

Chester Cabalza recommends his visitors to please read the original & full text of the case cited. Xie xie!

Estrada vs Desierto
SCRA 108
April 3, 2001


Facts:

Petitioner insists he is the victim of prejudicial publicity. Among others, he assails the Decision for adverting to newspaper accounts of the events and occurrences to reach the conclusion that he has resigned. In our Decision, we used the totality test to arrive at the conclusion that petitioner has resigned. We referred to and analyzed events that were prior, contemporaneous and posterior to the oath-taking of respondent Arroyo as president. All these events are facts which are well-established and cannot be refuted.

On January 20, 2001 contemporaneous to the oath taking of respondent Arroyo. We used the Angara Diary to decipher the intent to resign on the part of the petitioner. Let it be emphasized that it is not unusual for courts to distill a person’s subjective intent from the evidence before them. Everyday, courts ascertain intent in criminal cases, in civil law cases involving last wills and testaments, in commercial cases involving contracts and in other similar cases. As will be discussed below, the use of the Angara Diary is not prohibited by the hearsay rule. Petitioner may disagree with some of the inferences arrived at by the Court from the facts narrated in the Diary but that does not make the Diary inadmissible as evidence.

Issue:

Whether petitioner can invoke res ipso loquitur rule to resolve the issue of prejudicial publicity?

Held:

Petitioner pleads that we apply the doctrine of res ipsa loquitur (the thing or the transaction speaks for itself) to support his argument. Under the res ipsa loquitur rule in its broad sense, the fact of the occurrence of an injury, taken with the surrounding circumstances, may permit an inference or raise a presumption of negligence, or make out a plaintiff’s prima facie case, and present a question of fact for defendant to meet with an explanation. It is not a rule of substantive law but more a procedural rule. Its mere invocation does not exempt the plaintiff with the requirement of proof to prove negligence. It merely allows the plaintiff to present along with the proof of the accident, enough of the attending circumstances to invoke the doctrine, creating an inference or presumption of negligence and to thereby place on the defendant the burden of going forward with the proof.

We hold that it is inappropriate to apply the rule on res ipsa loquitur, a rule usually applied only in tort cases, to the cases at bar. Indeed, there is no court in the whole world that has applied the res ipsa loquitur rule to resolve the issue of prejudicial publicity. We again stress that the issue before us is whether the alleged pervasive publicity of the cases against the petitioner has prejudiced the minds of the members of the panel of investigators. We reiterate the test we laid down in People v. Teehankee, to resolve this issue, viz:

“The court cannot sustain appellant’s claim that he was denied the right to impartial trial due to prejudicial publicity. It is true that the print and broadcast media gave the case at bar pervasive publicity, just like all high profile and high stake criminal trials. Then and now, we rule that the right of an accused to a fair trial is not incompatible to a free press. To be sure, responsible reporting enhances an accused’s right to a fair trial for, as well pointed out , a responsible press has always been regarded as the handmaiden of effective judicial administration, especially in the criminal field. The press does not simply publish information about trials but guards against the miscarriage of justice by subjecting the police, prosecutors, and judicial processes to extensive public scrutiny and criticism.