Joma Wants Lost Benefits From Dutch Govt

Joma wants lost benefits from Dutch govt

By LOUI GALICIA
ABS-CBN Europe News Bureau

Jose Maria “Joma” Sison, Communist Party of the Philippines founding chairman, plans to reclaim an estimated 29,000 euros or P1.8 million before interest, in lost social-security benefits from the Dutch government after the European Court of Justice overturned a decision by EU governments to freeze his assets.

In an exclusive interview, Sison told ABS-CBN’s Balitang Europe that he will exhaust all possibilities that have opened since the European Court of First Instance ordered the Council of the European Union to defreeze his assets and funds in a judgment on July 11.

Sison is also petitioning that his name be taken off the list of terrorists. "We have a letter of demand to the [EU] Council to remove (my name from) the blacklist in accordance with the letter and spirit of the July 11, 2007 of the European Court of First Instance,” Sison said.

Sison remains to be tagged as a terrorist for his involvement with the Communist Party of the Philippines, named as among the terrorist groups. “Nakakahiya na yan (It’s already a shame). More than four years na ako na (I have been) blacklisted and a lot of people are already accusing the council of persecuting me. They better put up or shut up,” he added.

Sison said that as a result of his blacklisting, the Dutch government stopped paying his monthly social-security benefits which include a living allowance of 201 euros, a reduced old-age pension of 130 euros and undetermined premiums for health and liability insurances paid for directly by the state.

A spokesman for the Dutch Ministry of Foreign Affairs, Rob Dekker, confirms that Sison has stopped receiving the social-security benefits as a result of being on the terror list and said that the judgment has no impact on this issue.“He is still on the list. So there is no direct consequences. He is still on the terror list. So his social security benefits still remain frozen.” Dekker said.

Sison’s housing allowance was also terminated. But his wife, Julie, who has a residence permit in the Netherlands, was able to retain it under the housing law.“That’s why I’m living with my wife. She says I’d better be good or else she will kick me out," Sison said. " I have no right to stay in her house except having me as a guest.

Social security in the Netherlands is classified into two types namely: social-welfare benefits and social-insurance benefits. In addition, there are other arrangements that provide financial assistance such as the housing subsidy or education grant.

Because the judgment left the issue of social-security benefits to the member country, Sison met with his lawyers Tuesday to discuss the next steps which will include a demand that the Dutch government repay him in lump sum the amount equivalent to at least 58 months in lost social benefits.

The NDF and Sison's lawyer, Dundar Gurses, estimated that Sison has lost about 500 euros a month in social security benefits. Sison said his lawyers plan to get actuarial experts from another law firm who will do the monetary calculations.

The self-exiled former communist leader claims that he has no other assets except for the frozen bank account containing less than 2,000 euros which he maintains jointly with his wife.“Most of those, I saved for my dental treatment,” Sison complained.

Sison is living off the monthly financial help from his friends and supporters.“Practically, I’m under house arrest. I (just) seem to be everywhere because I go to parties, which don’t happen often anyway. (But) the number of your appearances is multiplied by the number of people who see you on one occasion. It’s very rare I go beyond two outings where I will spend say more than 30 euros because I don’t have money. So I stay home most of the time,” Sison said.

Sison is ecstatic over the judgment in his favor. “This is just initial victory. But this is big enough because I had nothing. I had no weapon against the legal system. Now I have a weapon within the system,” he said.

Sison said that his lawyers are anticipating further battles, specifically because the Court’s scheduling calendar gives the Council two months to file a Notice of Appeal from the delivery of the judgment.

The Netherlands is still reviewing the judgment.“Regarding the appeal we’re still studying the judgment of the court and we’re still deciding whether we will appeal or not. But I have to underline that in this case it is not the Netherlands who should appeal. It’s either the Council or Mr. Sison. So if the Council does it or if the Netherlands decide they should appeal, then we will have to do it through the Council,” Dekker said.

SOURCE: WWW.ABS-CBNNEWS.COM

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