January 24, 2013
Bicam finalizes reparation and recognition bill for rights victims
SELDA salutes Martial Law heroes
“We salute the Martial Law heroes who, despite old age, sickness, maneuvers of the Marcoses, and all other obstacles along the way, have painstakingly stood and fought to make sure that this bill granting reparation and recognition to the martial law victims is passed. We have gone a long way. We have long fought for this,” said Marie Hilao-Enriquez, SELDA chairperson and a Martial Law victim herself.
Yesterday, the bicameral conference committee hammered out the final version of the Human Rights Victims Reparation and Recognition Act of 2013, formerly known as the Marcos victims compensation bill, provisions of which became acceptable to the majority of the victims as the final version now included SELDA’s position.
“In welcoming the final version, we remember the SELDA leaders who pursued the path of making the Marcoses accountable for the human rights violations they committed to the hundreds of thousands of Filipinos who fought martial law,” said Enriqiuez.
SELDA remembers and salutes the bravery and memories of Don Chino Roces, founding chairperson of SELDA, Dean Armando Malay, Dr. Nemesio Prudente, former Navy Capt. Danilo Vizmanos, Atty. Jose Mari Velez and Atty. Rolando Olalia. They were members of the Board of SELDA who decided to go after Marcos after the dictator’s downfall.
The group also commended the steadfastness of SELDA Board members who are still living, like Fidel Agcaoili, Juliet De Lima-Sison, Vicente Ladlad , Dean Francisco Nemenzo, Tita Lubi, Josephine Dongail and Doris Baffrey, Board members who are still alive.
“We share this victory to Atty. Romeo Capulong who took over as SELDA’s legal counsel when Atty. Jose Mari Velez died in 1991. He tirelessly assisted the victims and SELDA in the twists and turns of the case. He exerted all efforts against the maneuverings of the Marcoses and the machinations of the American and other Filipino lawyers in the case. We also dedicate this bill to all the heroes and martyrs of Martial Law who have gone before us, and who waged the most determined fight against the dictatorship and suffered the worst violations during martial law,” Enriquez stressed.
Enriquez added that this bill is a small effort of SELDA to ensure that their sacrifice shall not be put to waste. SELDA’s position on the “conclusive presumption” provision was among the positive provisions included in the final version of the bill. This provision states that the 9,539 victims who filed and won the historic class suit of Martial Law victims against the Marcoses filed in 1986 in Hawaii are automatically recognized as victims of human rights violations.
“The bill’s passage is a victory not only for the victims but for the Filipino people. 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.
SELDA said that with the bill now ready for ratification by Congress, the victims should make sure that the law, when put into in effect, should be fully implemented. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson 0917-5616800
Ngayong hapon, Enero 23, inaprubahan ng bicameral conference committee ang final version ng Human Rights Victims Reparation and Recognition Act of 2013. Ito ang produkto ng pinagsanib na bersyon ng Marcos victims indemnification bill na naunang isinulong ng SELDA katuwang ang mga progresibong partylist sa pangunguna ng awtor na isang kapwa Martial Law victim, si Rep. Neri Colmenares.
Sa pinal na bersyon, kinikilala na ang mga biktima ng Martial Law ay kinikilala bilang mga tunay na biktima ng paglabag sa karapatang pantao. Kasama dito ang mga 9,539 biktima na nagsampa ng class suit laban sa mga Marcos sa Hawaii noong 1986. Pasok ang probisyong “conclusive presumption” na kumikilala sa mga biktima.
Sa Lunes ay iraratipika na ang panukalang batas. Ibig sabihin, matapos pirmahan ng bicameral committee, ito ay itutulak na para mapirmahan ni Aquino.
Bagamat tiyak na mahaba pa ang labang ito, isang tagumpay ang pagkilala sa mga biktima ng Martial Law hindi lang para sa kanila kundi sa mamamayang Pilipino. Kailangang tiyaking malubos ang tagumpay na ito. Magagawa natin ito sa ating patuloy na sama-samang pagkilos.
Sa lahat ng mga kasapi ng SELDA, mga biktima at kaanak na kumilos sa Senado kanina, mabuhay kayo! Hustisya sa lahat ng mga biktima ng Martial Law! Hustisya sa lahat ng biktima ng paglabag sa karapatang pantao!
“Conclusive presumption” asserted by victims
SELDA to bicam: “Finish work” on next meeting
Appealing to members of the bicameral conference committee to “finish their work” on January 23, Martial Law victims urged both members of the Lower House and Senate to stand by the “conclusive presumption” provision in the final version of the Marcos victims compensation bill.
“By then, we hope that the bicameral meeting will finish all the work, and ensure that the bill is passed and legitimate victims are recognized as such. Any more moves to counter what has been approved by the House by the duplicitous play of Akbayan Rep. Walden Bello should be stopped and condemned,” SELDA chairperson Marie Hilao-Enriquez said.
SELDA, the human rights organization who filed and won the historic class suit of Martial Law victims against the Marcoses in 1986, asserted that the 9,539 victims should be recognized as legitimate victims under “conclusive presumption,” contrary to the “disputable presumption” pushed by Bello.
“The Hawaii class suit has been recognized as a landmark judgment, but why do Akbayan Rep. Walden Bello and even CHR Chairperson Etta Rosales the first to cast doubts on the victims. These are essentially one and the same with the argument of the Marcoses, who disputed in Hawaii the legitimacy of the victims of human rights violations,” Enriquez asked.
She added that the victims took the risks of filing charges against the Marcoses for justice and indemnification, and have went through the rigorous and painful process of retelling the accounts of their arrest, detention and torture and of their colleagues. “And now these people want them to prove again, after 40 years, that they are victims? This is not only undermining history, this is a grave insult to them,” Enriquez said. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800
Karen Boncocan | Inquirer.net
MANILA, Philippines — The bicameral conference committee on human rights compensation bill for victims during the Marcos regime has approved the creation of a compensation board which will evaluate claims.
Bayan Muna Partylist Representative Neri Colmenares on Wednesday said that the members of the panel were now discussing the qualifications of the members of the board.
Senate Bill 3334 proposed that the compensation board scrutinized claims for compensation by martial law victims.
The panel is presently in talks to resolve contentious issues on SB 3334 and House Bill 5990, which seeks to include 9,539 human rights victims who were part of a prior complaint adjudged by the US Federal Court System in Hawaii.
The Senate version also requires evidence of human rights violations against the martial law victims.
This goes against the House position, led by the principal author of its version Deputy Speaker Lorenzo Tanada III, which seeks to acknowledge the Hawaii plaintiffs as victims during the Marcos regime without requiring evidence.
Karen Boncocan | Inquirer.net
MANILA, Philippines — A group of martial law victims went to the House of Representatives Wednesday to demand that the bicameral conference committee on the human rights compensation bill ensure that the reconciled version would be acceptable to them.
Samahan ng Ex-detainees Laban sa Detensyon at Aresto (Selda) urged the panel to craft a reconciled version of House Bill 5990 and Senate Bill 3334 that would “reflect the interests of majority of the victims of martial law.”
The group called on lawmakers to ensure that the government recognizes “victims who filed a class action suit against Marcos in Hawaii… as legitimate human rights violation victims.”
HB 5990, being pushed by its principal author Deputy Speaker Lorenzo Tanada III, urges the government to recognize and compensate 9,539 rights victims under the Marcos regime in a prior complaint adjudged by the US Federal Court System in Hawaii.
The Senate version requires evidence that the rights of the victims were violated.
The bicameral panel is set to discuss in a meeting this Wednesday whether the Hawaii plaintiffs ought to be recognized as actual victims of human rights violation during the Marcos regime.
Bayan Muna Representative Neri Colmenares slammed Akbayan Representative Walden Bello for opposing the House version of the bill, saying that the partylist lawmaker undermined the position of the lower chamber in resolving the conflicting provisions of the House and Senate measures.
“Bayan Muna believes that the latest statement of Rep. Bello that the version of the House in the Marcos compensation bill suffers from constitutional infirmities and that the House is about to abandon its version to give Hawaii victims conclusive presumption that they are indeed victims, is an attack against the victims of human rights during martial law,” he said.
“This is not about Bayan Muna and Akbayan disagreeing with each other. This is about siding with human rights victims against the Marcoses,” added Colmenares.
The two partylist groups have been known to be political rivals.
Bello was opposed to the 80-20 percent distribution of compensation between the human rights victims in Hawaii and the other complainants.
Colmenares defended the House’s position, saying that the 80-20 percent classification was “fair and reasonable because it recognizes the long suffering of the Hawaii claimants.”
Letter to the Editor
Forty years since the country was put under Martial Law and two years into office of the Aquino administration, Martial Law victims remain at a loss on what is keeping Pres. Aquino from enacting the bill to indemnify and bring justice to the victims of Martial Law.
We have lobbied to our legislators, even protested at the steps of the House of Representatives and the Senate demanding that the bill to indemnify victims of Martial Law be finally enacted into law. The Lower House passed its version of the indemnification bill, House Bill 5990, on March 21. Unfortunately, the Senate’s version, Senate Bill 2615, is still at the Committee on Justice and Human Rights level.
We would like to remind the Aquino administration that the Swiss government has already transferred the Marcos ill-gotten wealth in favor of the Philippine government because the victims had the courage to file charges against the former dictator in Hawaii. Had it not been for the efforts of the martial law victims themselves, the Marcos loot deposited in the Swiss banks would not have been recovered. The fund transfer had been done by the Swiss Government over a decade ago with stipulations that martial law victims be considered in its appropriations.
Victims are not even asking for the full amount. We only asked for one-thirds of the amount knowing fully well that the rest of the Filipino people must also benefit from the returned fund.
We even expressed fears before that the previous Arroyo administration may have dipped its hands into the fund for her election campaign, but the victims were assured that funds for indemnification are supposedly preserved in a trust fund. What is the reason then for Aquino’s foot-dragging?
On June 14 and15, both the Government of the Philippines (GPH) and the National Democratic Front of the Philippines (NDFP) agreed to continue meaningful discussions to pave the way for the resumption of the peace negotiations. Indemnification of victims of the Marcos dictatorship will be one of the concerns to be discussed.
Likewise, the issue of compensation of Martial Law victims was mentioned under item number 92 of the Philippine Report to the Universal Periodic Review on May 28 at the United Nations, which included “compensation of the Martial Law victims” as one its commitments in upholding human rights.
With these declarations, we hold the Philippine Government over its promise to act on the indemnification of Martial Law Victims NOW. The waiting has been too long.
Different regimes have ignored our demands. We have expected a swifter action from the son of a former victim of the Marcos Dictatorship. Numerous pronouncements have been made, but Pres. Aquino seems to be going the way of his predecessors.
More than 10,000 victims of Martial Law are waiting for a more positive action from this government. We are not only asking Pres. Aquino to give us what is rightfully ours. We are demanding him to do his job.
Until then, we will continue to act and overcome all limitations imposed on us in our desire to achieve justice.
Reference: Angelina B. Ipong Secretary General 09499587373