We denounce the appointment of Gen. Sarmiento as chair of the Human Rights Victims Claims Board (HRVCB). After prolonging the formation of the HRVCB for almost a year, the Aquino government made a historical affront to the victims by appointing a former member of the Philippine Constabulary, the forerunner of the PNP, as head of the Claims Board. It is not only her credentials as former PC officer that is an anathema to the historic struggle against martial law, but her zero track records of any involvement in asserting human rights nor any understanding or knowledge ofthe plights and struggles of martial law victims during and after the dark days of Marcos Dictatorship.
On 13 February 2014, Malacañang announced the formation of the HRVCB a year after the passage of RA 10368, or the Human Rights Victims Reparation and Recognition Act of 2013.
Pres. Benigno S. Aquino III appointed Gen. Lina Castillo-Sarmiento, a retired 2-star general of the Philippine National Police as chair of the HRVCB. To complete the members of the board, also appointed are Jose Luis Martin Gascon, Byron Bocar, Aurora Parong, Galuasch Ballaho, Jacqueline Mejia, Glenda Litong, Wilfred Asis and Erlinda Senturias.
The PC and the Armed Forces of the Philippines are the main apparatuses of the Marcos dictatorship in implementing the worst of human rights abuses under Martial Law. It is the PC and the AFP that dispersed rallies, “salvaged,” abducted, tortured, arrested and detained thousands of Martial Law activists. Her presence in the Claims Board does not command respect nor confidence in the hearts of the Martial Law victims.
In appointing Gen. Sarmiento, the Aquino government junks altogether the state’s admission of the atrocities and repression used against the Filipino people, the supposed objective of the law. Instead, it promotes into position those who violated the people’s human rights. This is no different from the Pres. Aquino’s appointment of military officials to higher positions under his presidency.
BS Aquino’s Claims Board does not represent the victims of Martial Law. The Aquino government completely disregarded the provision in the law which underlines that members of the HRVCB should have deep knowledge, capacity and experience in defending human rights. Not a single nominee of SELDA, most of them widely known as Martial Law victims and human rights champions, was appointed to the Claims Board. Much to our dismay, CHR Chairperson Etta Rosales and DOJ Sec. Leila de Lima even came to the rescue by saying said that Gen. Sarmiento is qualified for the job.
However the Aquino government justifies it, the appointment of Gen. Sarmiento goes way beyond the issue of qualifications. It is a travesty of justice. It is a conscious effort to discredit and dishonour Martial Law victims. The Aquino government, which has banked on the people’s clamor for justice and change, is trying to push the people’s struggle for justice farther in the sidelines. The appointment of a PC relic to head the claims board is not only considered a grievous insult to the struggle against martial law but a shameless denial of the ideals in asserting freedom and democracy that was highlighted during the first Edsa People Power in 1986.
With its brandishing of human rights violators in the military and the appointment of Gen. Sarmiento, the people who fought the dictatorship cannot expect anything more from the current administration. It is rather just to continue to fight for justice. SELDA demands the immediate recall to Sarmiento’s appointment.
SELDA has formed the People’s Claims Board (PCB).This will be the primary body to stand for the victims of Martial Law. It will ensure that all who suffered atrocities during the Marcos dictatorship shall be recognized and indemnified. The PCB will also ensure that RA 10368 will be implemented. It will formulate an Implementing Rules and Regulations (IRR) which will be submitted to the HRVCB as basis of the law’s implementation.
The PCB will continue to assert that, based on conclusive presumption, the 2,013 Martial Law victims that were delisted (who were part of the 9,539 members of the class suit against the Marcoses filed in Hawaii in 1986) and thosewho will step forward to make themselves recognized will be rightfully recognized and indemnified.
The PCB is composed of individuals actively in defense of human rights, and were victims themselves. They are Bayan Muna Rep. Satur Ocampo; SELDA chairperson Marie Hilao-Enriquez; SELDA vice-chairperson Bonifacio Ilagan; former Gabriela Women’s Party Rep. Liza Maza; University of the Philippines Prof. Judy Taguiwalo; Dr. Edelina dela Paz; Atty. Kit Enriquez, Atty. Marcos Risonarand Atty. Dominador Lagare, Sr.
Martial law victims in the regions of Southern Mindanao, Bicol and Panay launched also similar protest actions to express their grievances on the formation of the Human Rights Victims’ Claims Board.
SELDA will continue to fight for justice for the victims of human rights violations.As long as the perpetrators are in power, and the Aquino government continues to implement the same policy of extrajudicial killings, abduction and enforced disappearances, illegal arrest and detention, torture and the wanton use of martial law tactics against the struggling people, we will continue to stand and assert for justice. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800 Jigs Clamor, SELDA national coordinator, 0917-5965859
“The Aquino government chose to commemorate the 28th year of People Power 1 and the fall of the Marcos dictatorship by consigning a general who was part of the Philippine Constabulary-Integrated National Police (PC-INP) to head Human Rights Victims’ Claims Board,” said Karapatan secretary general Cristina Palabay. “The appointment of Gen. Lina Sarmiento is a subtle way to rewriting history. It obliterates the distinction between perpetrators and victims of human rights violations during martial law,”Palabay added.
Karapatan scored Sarmiento and other Aquino apologists who try to focus on the monetary compensation for the victims of martial law. The task of the Claims Board is not simply “to receive, assess, evaluate, investigate and process applications for compensation of victims of human rights violations” as Sarmiento put it.
“The heart of the matter is justice,” Palabay said. “The Claims board is a mechanism designed by a law that aims, first and foremost, to render justice to martial law victims.”
The law, in fact, specifically states its intent to “recognize the heroism and sacrifices of all Filipinos who were victims of summary execution, torture, enforced or involuntary disappearance and other gross human rights violations committed during the regime of former President Ferdinand E. Marcos.”
“Thus, the membership of the Claims Board should reflect the spirit of justice,” said Palabay. “Viewed from different angles, the appointment of Sarmiento is unjustifiable. At best it is ludicrous; at worst, it shows how perverted this government views history.”]
Republic Act 10368 states that members of the Claims Board must be of known probity, competence and integrity; must have a deep and thorough understanding of knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos; and must have a clear and adequate understanding and commitment to human rights protection, promotion, and advocacy.
Karapatan joins the demand to recall the appointment of Gen. Lina Sarmiento and supports the formation of a People’s Claims Board. The People’s Claims Board is composed of known anti-dictatorship activists and human rights advocates, mostly victims of martial law themselves: Makabayan President Satur Ocampo, SELDA chairperson Marie Hilao-Enriquez, SELDA vice-chairperson Bonifacio Ilagan, former Gabriela Women’s Party representative Liza Maza, UP Professor Judy Taguiwalo, Dr. Edelina de la Paz, Atty. Kit Enriquez, and Atty. Dominador Lagare, Sr. ###
Sarmiento, apologist of human rights violators, has no place in the ML victims’ Claims Board – SELDANews Release 18 February 2014
“An apologist of human rights violators has no place in the Martial Law victims’ claims board,” said SELDA chairperson Marie Hilao-Enriquez in protest of the appointment of retired PNP Gen. Lina Castillo-Sarmiento as head of the Human Rights Victims Claims Board.
Enriquez explained that victims of human rights violations do not deserve an unqualified person, much more a representative of State forces, to head what is supposed to be a mechanism to recognize state atrocities during the martial law period.
The Human Rights Victims Claims Board (HRVCB), according to RA 10368 or the Human Rights Victims and Recognition and Reparation Act of 2013, is the body tasked to evaluate and process the application for claims of the martial law victims.
“The appointment of an ex-PC officer to head the Claims Board is honoring the Philippine Constabulary that committed grave atrocities during the Martial Law regime,” Enriquez said.
The defunct Philippine Constabulary is the forerunner of the current Philippine National Police, which along with the Armed Forces of the Philippines implemented “salvages”, illegal arrest, detention, abduction and torture against people who fought the dictatorship.
Aside from being a PC officer under Marcos, Sarmiento was the former head of the PNP’s Human Rights Affairs Office during the Arroyo regime. “The Macapagal-Arroyo regime had the worst record of human rights violations post-Martial Law. Sarmiento’s position as human rights officer under Arroyo is similarly deplorable,” Enriquez added.
“Pres. Aquino clearly disregards the provisions of the law which enumerated the qualifications of members of the HRVCB. Gen Sarmiento is bereft of credibility, much more, her deep knowledge of martial law atrocities and empathy to the ML victims are questionable being part of the institution accused of rampant human rights abuses,” Enriquez said.
The Human Rights Victims Recognition and Reparation Act of 2013 or RA 10368 states that members of the claims board
- must be of known probity, competence and integrity;
- must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand E. Marcos;
- must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.
“We do not see any clear basis for the appointment of Sarmiento; only a conscious effort to discredit and dishonor Martial Law victims. We demand a recall to Sarmiento’s appointment,” Enriquez said.
SELDA formed the People’s Claims Board that will act both as a watchdog and a monitoring body of Aquino’s HRVCB. The priority of the People’s Claims Board is to ensure that real and legitimate martial law victims will not be marginalized.
Members of the People’s Claims Board are former Bayan Muna Rep. Satur Ocampo, SELDA chairperson Marie Hilao-Enriquez, SELDA vice-chairperson Bonifacio Ilagan, former Gabriela Women’s Party Rep. Liza Maza, UP Prof. Judy Taguiwalo, Dr. Edelina dela Paz, Atty. Kit Enriquez and Atty. Dominador Lagare, Sr. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800
Dennis Carcamo | Philippine Star
MANILA, Philippines – Rights group Selda on Thursday announced it has submitted a list of nominees to the Human Rights Victims Claims Board that will evaluate and process the application for claims of the Martial Law victims.
Selda secretary general Angie Ipong said they sent its list of nominees to the Office of the President last March 12.
Selda came up with the list after President Benigno Aquino III signed into law the Human Rights Victims Reparation and Recognition Act.
“We are very honored and proud that our nominees possess the qualifications of the members of the Claims Board spelled out in the law,” Ipong said.
Based on the criteria set by the law, the nominees must be of known probity, competence and integrity; must have a deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations committed during the regime of former President Ferdinand Marcos; and must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy.
Among the nominees include rights group Karapatan chairperson Marie Hilao-Enriquez, Bonifacio Ilagan, former Gabriela partylist Rep. Liza Maza, Prof. Judy Taguiwalo, Dr. Edelina De la Paz, lawyers Romeo Candazo, Kit Enriquez, and Dominador Lagare Sr.
“With such sterling names and achievements of our nominees, we are confident that they possess the qualifications required by law and if appointed, the personalities we are submitting for nomintations will do honor and work for the interests of the victims of martial law and see to it that this law will redound to the vicitms’ benefits,” Ipong added.
Selda is the the organization that initiated the class action suit against the late dictator Ferdinand Marcos.
Almost four decades after he was arrested and tortured and his sister disappeared into a maze of Philippine police cells and military houses, playwright Bonifacio Ilagan is finally seeing his suffering officially recognized.
A writer for an underground communist newspaper, Ilagan and thousands like him were rounded up by security forces of the dictator Ferdinand Marcos after he placed the Philippines under martial law in 1972. Detentions, beatings, harassment and killings of the regime’s opponents continued until Marcos was toppled in the 1986 Edsa People Power Revolution.
Even though democracy was restored, it would take another 27 years for Congress to vote on a bill awarding compensation and recognition to martial law victims.
On Monday, the House of Representatives and the Senate ratified the bill after the bicameral committee earlier in the day signed the final version of the bill following some last-minute polishing.
President Aquino is expected to sign the bill into law shortly, possibly before the anniversary of the Edsa People Power Revolution that ousted Marcos.
“More than the monetary compensation, the bill represents the only formal, written document that martial law violated the human rights of Filipinos and that there were courageous people who fought the dictatorship,” said a statement from Selda, an organization of former political prisoners.
Ilagan’s story is more of a rule than exception among leftist activists of his generation.
“The torture started in the house. We were beaten up, punched and kicked,” he said, recalling a police raid on his residence in April 1974 and the beginning of his two-year detention ordeal.
He said he vomited blood after being kicked in the thighs. The soles of his foot had been burned by an iron, he added.
“The one episode in my torture that I cannot forget was when they ordered me to remove my pants and underwear and they inserted a piece of stick into my penis. ‘Oh my God,’ I said, this is one torture I could not bear,”’ the 61-year-old said in an interview.
He said that interrogators wanted him to decode documents and identify people in pictures that were seized from suspected communists.
“Compared to others, mine was not the worst torture,” he said. “The others were electrocuted and injected with truth serum. … But the threats continued.”
Ilagan’s sister, Rizalina, disappeared in 1976 along with nine other activists, many of them students involved in anti-Marcos publications, he said.
One of the women arrested by the same government unit that he suspected was involved in his sister’s abduction had escaped to recount her rape and torture. Ilagan said he has no doubt that his sister went through the same abuses.
His parents died still hoping his sister would turn up alive, but the family has found no closure, Ilagan said.
Despite cases filed by former political prisoners, “there have been no convictions of perpetrators,” Marie Hilao-Enriquez, chairperson of Selda, said Monday.
“Governments after Marcos did not move or did not do anything to go after Marcos seriously, so we filed a case in Hawaii,” Enriquez said.
In 1992, the victims won a class action suit against the Marcos estate in Hawaii.
Under the Human Rights Victims Reparation and Recognition Act of 2013, the 9,539 victims in the Hawaii class action suit against the Marcoses will be awarded compensation using $246 million, roughly P10 billion, that the government recovered from Marcos’ ill-gotten wealth deposited in Swiss bank accounts.
The bill states that these plaintiffs would be presumed victims of martial law abuses, which means they would no longer have to prove their claims for compensation.
Also to be conclusively recognized as Marcos victims are those in the list of the Bantayog ng mga Bayani foundation.
The amount each will receive will depend on the abuse suffered.
Loretta Rosales, chairperson of the Commission on Human Rights, said her agency was looking at around 6,000 cases of abuses during the Marcos years. If there are two victims for each case, there could be 12,000 more claimants eligible for compensation, she said.
“Finally, over two decades after the fall of the dictatorship, we will have a law that puts the responsibility of human rights abuses square on the shoulder of Marcos and provides justice for all those who suffered under his reign,” said Rep. Walden Bello, a member of a congressional committee that drafted and approved the bill.
“This bill should make us realize that never again should we allow (the atrocities) of the Marcos regime to happen in this country,” Sen. Francis Escudero said after the Senate ratified the 16-page bicameral report.
“After 25 years, I really hope that the Marcos compensation bill would be signed in time for the Edsa One celebration,” the senator said.
Escudero noted that many of the victims of martial rule were more interested in being recognized and listed in the Roll of Victims than in receiving reparation, citing Sen. Joker Arroyo.
There would be cases when the Human Rights Claim Board itself would recognize unilaterally a martial law victim and put his name in the roll even if he does not apply for recognition, he added. With reports from Associated Press, Leila B. Salaverria and Cathy C. Yamsuan