Category: human rights watch

Getting their due

By Carol Pagaduan-Araullo

The passage of the landmark Marcos human rights victims compensation bill or the “Human Rights Victims Reparation and Recognition Act of 2013” is a most welcome development even if reservations persist about how it will be implemented, once signed into law by President Benigno Aquino III, to the satisfaction of the victims themselves.

Finally, here is official recognition that the Marcos regime was a brutal and repressive regime imposed upon the Filipino people via the declaration of martial law that was nothing less than a craftily disguised Palace coup d’état.

The principal characters who jointly perpetrated and benefitted from the blood-soaked and kleptocratic regime such as the other half of the Conjugal Dictatorship, Mrs. Imelda Romualdez-Marcos, martial law administrator Juan Ponce-Enrile, and businessman and now Presidential uncle, Danding Cojuangco, wish to wash their hands of their complicity or even try to rewrite history.

To a certain extent they have been able to do just that by virtue of their ill-gotten wealth, their undeserved positions in government, as well as their reinstatement in high society circles after being considered, fleetingly, as social pariahs.

But the existence of tens of thousands of victims subjected to gross violations of their human rights such as extra-judicial killing, forced disappearance, torture and prolonged, unjust detention in subhuman conditions belies any attempt to justify or prettify Marcos’ martial rule.

It is to the credit of these victims, their bona fide organization, SELDA (Samahan ng Ex-Detainees Laban sa Detensyon at Aresto) that filed the original class action suit against the Marcos estate in 1986 in the US Federal District Court of Honolulu, Hawaii and won for its 9,539 members an award of $2 Billion in 1995, and the human rights defenders and political activists who refuse to allow the lessons of martial law to be forgotten, that the Marcos compensation bill has come this far.

It has been 41 years and many of the victims are either dead or old and ill, and their families destitute. They are more than deserving of this token reparation and that their names be inscribed in a “Roll of Victims” to be part of the “Memorial/Museum/Library” that will be set up to honor them.

Unfortunately the bill says very little about what else aside from the martial law atrocities and the victims’ heroism that will be memorialized.

Pres. Aquino is reported to have remarked in connection with the compensation bill that the martial law era was an “aberrant period”, “ a nightmare that happened to the Filipino nation” and that it should be written down with formality “so that we can be sure that this would not happen again in the future.”

For their part educators and historians have decried how the martial law era is treated perfunctorily if not sketchily in the textbooks used in our public schools so that its whys and wherefores are lost on the younger generation.

While Marcos’ ambition, cunning, puppetry and greed were among the main ingredients in the setting up of the dictatorship, this did not take place in a vacuum. Rather, Marcos imposed martial rule in the midst of an acute crisis in a chronically crisis-ridden social system weighed down by poverty, maldevelopment, social injustice and neocolonial domination.

It was his scheme to tamp down the crisis by eliminating all opposition and thus monopolize the spoils of elite rule and perpetuate himself in power with the blessings of the US. How many know about the complex reasons behind the political imprimatur and economic backing provided by the United States government to Marcos’ one-man rule, only to drop the favored dictator like a hot potato and embrace his successor, Mrs. Corazon Aquino, some 14 years later.

Marcos was overthrown but the reactionary system still exploits and oppresses the Filipino people. State fascism and concomitant human rights violations are not mere aberrations but are well entrenched in this system so that impunity for human rights violations still reigns.

Glossy, coffee table books on the EDSA “people power“ uprising give more than ample coverage of the roles of Senator Ninoy Aquino’s widow “Cory”, Cardinal Sin, General Fidel Ramos and Juan Ponce-Enrile and other personalities in toppling the dictatorship but they provide only snapshots, at biased angles, and not a continuing account of the people’s history of resistance as it unfolded from the moment Marcos declared martial law in 1972.

The defiant call “Never again (to martial law)!” can easily be rendered meaningless when the complete context – socio-economic and political – as well as the specific historical facts and circumstances that gave rise to and propped up Marcos’ authoritarian rule are not rigorously documented and objectively analyzed.

Indeed, the untold stories of how the Filipino people, especially the masses of peasants, workers and other urban poor, struggled against the dictatorship must be collected and retold in such a way that the martial law era will be remembered as one of resistance and not submission or even “victimization”.

There should not be any discrimination against those who took the path of armed revolutionary struggle against the fascist dictatorship since this form of struggle contributed significantly to its weakening and eventual overthrow not to mention that most of these revolutionaries paid the ultimate sacrifice of their lives in the process.

In the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (CAHRIHL) inked between the GRP (Government of the Republic of the Philippines) and the NDFP (National Democratic Front of the Philippines), Articles 4 and 5, provide for indemnification to victims of human rights violations, citing in particular the need to compensate victims under the Marcos regime. In the many sessions of the GRP-NDFP peace talks (both formal and informal) the NDFP peace panel had consistently and persistently raised the issue with their GRP counterpart.

The GRP appeared to have acknowledged the justness of this demand by eventually signing CARHRIHL that provides for it. But the actual indemnification did not materialize evidently due to the Arroyo regime’s machinations. Now it remains to be seen, assuming Pres. Aquino will sign the bill into law, whether the martial law human rights victims will finally get what is due them. #

 

HUMAN RIGHTS WATCH: Obama Should Press Aquino to Tackle Abuses

Justice Remains Elusive for Victims of Past Abuses

(Washington, DC, June 7, 2012) – US President Barack Obama should press Philippine President Benigno Aquino III to bring to justice security forces implicated in serious human rights abuses, Human Rights Watch said today. Obama will be the host for a visit by the Philippine president in Washington, DC, beginning on June 8, 2012.

Philippines security forces since 2001 have been implicated in hundreds of cases of extrajudicial killings, torture, and enforced disappearances, Human Rights Watch said. Victims have included leftist activists, journalists, alleged insurgents, environmentalists, and clergy. Killings have dropped significantly since President Aquino took office in 2010, but new cases have been reported and few of those responsible have been held accountable.

“Obama needs to speak frankly with Aquino about addressing Philippine security forces’ abusive record,” said John Sifton, Asia advocacy director at Human Rights Watch. “Accountability for abuses is not only a matter of justice for victims, but vital for the Philippines’ future as a rights-respecting democracy.”

US military expansion in Asia should not deter Obama from raising human rights concerns, Human Rights Watch said.

Since 2002, US military personnel have conducted regular joint military operations with the Philippines armed forces in the southern Philippines. US troops deployed in southern Zamboanga City have assisted in operations on the islands of Basilan and Sulu against the militant Islamist Abu Sayyaf group. Recent tensions in the South China Sea between the Philippines and China over the resource-rich island territories have underscored Manila’s close military relationship with the United States.

Particularly during the previous administration of President Gloria Macapagal-Arroyo, the US forcefully raised concerns about lack of accountability in the Philippines. During the Universal Periodic Review of the Philippines, the assessment of its human rights situation before the United Nations Human Rights Council, in Geneva on May 29, the US urged the Philippine government to end impunity for extrajudicial killings and to take control over paramilitary forces under military command, which have a long history of abuses.

Since 2008, the US Congress has withheld $2 to $3 million per year in assistance to the Philippines. The funds can be released only if the secretary of state certifies that the Philippine government “is taking effective steps to prosecute those responsible for extra-judicial executions [EJEs], sustain the decline in the number of EJEs, and strengthen government institutions working to eliminate EJEs.”

The Philippines has not met the conditions for restoring the withheld assistance. Since 2008, the State Department has not certified the compliance required for the release of these funds, and it did not agree to a request to certify compliance made by the Philippines foreign minister during a visit in May.

“Rather than arguing, making promises, and offering excuses, President Aquino should focus on ending and prosecuting extrajudicial executions,” Sifton said. “He should let actions do the talking.”

A key case concerns retired Maj. Gen. Jovito Palparan, who is implicated in the abduction and enforced disappearance of two activists in 2006. Although he was indicted by Philippines prosecutors in late 2011, Palparan remains at large, allegedly helped by former colleagues in the armed forces. Numerous other human rights cases have languished.

In the last decade, only seven cases of extrajudicial killings, involving 11 defendants, have been successfully prosecuted – none since Aquino took power and none involving active duty military personnel.

In a July 2011 report, “No Justice Just Adds to the Pain,” Human Rights Watch documented 10 cases of extrajudicial killings and enforced disappearances during the current Aquino administration for which there is strong evidence of military involvement. Police investigations remain inadequate, as they were in the previous administration, with investigators frequently not visiting crime scenes or collecting only the most obvious evidence. Evidence of military involvement is routinely not pursued, investigations cease after one suspect is identified, and arrest warrants are frequently not executed. Witnesses are not adequately protected. Not one of these cases has been successfully prosecuted, Human Rights Watch found.

Human Rights Watch has previously reported on human rights abuses by the communist New People’s Army and Islamist armed groups. But those forces’ crimes are not a justification for abuses by security forces, Human Rights Watch said.

In addition to accountability issues, the Obama administration should raise concerns with the Philippines about the use of paramilitary forces under the supervision of the armed forces or local government officials, Human Rights Watch said. Paramilitary members have in past years been implicated in unlawful killings of civil society activists and alleged insurgents. When he ran for president in 2010, Aquino promised to rescind an executive order allowing for the creation of “private armies,” but he has backtracked and has spoken about allowing paramilitary forces to provide security for private corporations, including mining companies.

“Ending abuses entails real changes,” said Sifton. “Accountability in the long term means ensuring that security forces are professional, subject to regular command, and disciplined under the rule of law.”

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For more information please contact:
In Manila, Carlos Conde (English, Tagalog, Visayan): +63-917-545-5492 (mobile); or condec@hrw.org; Follow on Twitter @carloshconde
In Washington, DC, John Sifton (English): +1-646-479-2499 (mobile); or siftonj@hrw.org; Follow on Twitter @johnsifton
In London, Brad Adams (English): +44-7908-728-333 (mobile); or adamsb@hrw.org
In New York, Elaine Pearson (English): +1-212-216-1213; or +1-646-291-7169 (mobile); or pearsoe@hrw.org; Follow on Twitter @PearsonElaine