A quarter century after the ouster of dictator Ferdinand Marcos, the government will officially hold accountable his martial law regime for human rights abuses and its victims compensated for their sufferings.
A bicameral conference committee will hold a final meeting Monday to smooth out the final version of a bill that seeks to compensate victims of abuses during the 14 years martial law was enforced before it is submitted for approval by the House of Representatives and the Senate, Albay Rep. Edcel Lagman said Sunday.
Compensation will come from the P10 billion of the Marcoses’ ill-gotten wealth that Swiss authorities have transferred to the Philippines. The amount that each would receive would depend on what kind of abuse they suffered.
Aside from that, the impending law would hold Marcos responsible for what transpired during his dictatorship.
“Finally, over two decades after the fall of the dictatorship, we will have a law that puts the responsibility for human rights abuses square on the shoulder of Marcos and provides justice for all those who suffered under his reign,” Akbayan Rep. Walden Bello said in a statement.
Bello, a member of the bicameral panel, also said the bill would ensure that the younger generation would learn about the atrocities committed during martial law.
It is important to impart the lessons from the Marcos regime to prevent a repeat of the dark period, he said.
“The nation is practically on the verge of forgetting the atrocities committed during the martial law period, and this is not by accident but because of the deliberate revisionist efforts of the Marcos camp to whitewash the memory of that period. Justice also lies in ensuring that Filipinos of all generations will not forget the dark, violent past, and the bill ensures that,” he said.
Samahan ng mga Ex-Detainee Laban sa Detensyon at Aresto (Selda), for its part, said the bill was all the more significant for formally recognizing that abuses were committed during martial law and that there were those who did not take these sitting down.
“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,” the group said in a statement.
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
Katatapos lamang ng bicameral conference committee meeting sa House of Representatives kaugnay ng Marcos victims compensation bill. Sa pangalawang pagpupulong, umani ng tagumpay ang mga biktima ng Batas Militar sa pagpapasok ng mga mahahalagang probisyon sa pinal na bersyon ng panukalang batas:
1. Kasama ang SELDA at Karapatan sa consultative body na bubuuin kung paano ipoproseso ang claims ng mga biktima. Nanatili namang bahagi ang SELDA ng nominations committee na magtutukoy kung sino ang lehitimong biktima o hindi. Samantala, hindi nakasama dito ang Karapatan at Claimants 1081.
2. Tinanggal na ang “peaceful means” sa pinal na bersyon ng panukalang batas. Sa madaling salita, kinikilala nito ang sinumang lehitimong biktima, anuman ang naging porma ng kanyang naging paglaban sa panahon ng diktadura.
Binabati namin ang mga kasapi ng bicameral conference committee sa kanilang pagtindig para sa biktima, gaya nina Bayan Muna Rep. Neri Colmenares, Sen. Teofisto Guingona III, Sen. Chiz Escudero at iba pa. Umaasa kaming patuloy silang titindig sa mga natitira pang agenda sa bicameral conference pabor sa mga biktima ng Batas Militar na matagal nang ipinaglalaban ang hustisya.
Ang susunod na pagpupulong ay nakatakda sa Miyerkules, Enero 23. Ang natitirang contentious na isyu ay ang usapin ng “conclusive presumption,” kontra sa “disputable presumption” na tinututulan ng mga biktima ng Batas Militar.
Iginigiit ng SELDA na ang mga biktima na nagsampa ng class action suit laban sa mga Marcos ay dapat kilalanin bilang mga lehitimong biktima sa ilalim ng “conclusive presumption,” sa halip na muli silang isalang sa proseso ng pagkilala at pagpapatunay na sila ay tunay ngang mga biktima.
Hustisya sa mga biktima ng Martial Law! Ipasa ang Marcos Victims Compensation Bill!
Download Selda_position_paper_for bicam
As Karapatan calls on Noynoy, Congress to pass Marcos victims bill before elections
Rights group hits pro-Marcos views of Arroyo, Akbayan at the bicam of Marcos victims’ bill
Karapatan today called on Pres. Noynoy Aquino and Congress “to pass the version of the Marcos victims compensation bill that is acceptable and judicious for the victims of human rights violations during Martial Law and their relatives.“
Karapatan secretary general Cristina Palabay said Aquino and both houses of Congress should not delay the immediate passage of the acceptable version of the law, have it passed and signed into law before it gets frustrated again with the frenzy for the upcoming election period. “Since the landmark judgment in Hawaii on the class suit against Marcos, several sessions of Congress have been remiss in rendering justice and indemnification for Marcos victims through the appropriate legislative measure. Aquino should certify this as an urgent measure,” she commented.
The House of Representatives and Senate have formed a bicameral conference committee to deliberate on versions of the bill from both houses.
Palabay noted that there were “snags” encountered during the debates of the bicameral conference committee, citing the positions of Sen. Joker Arroyo and Akbayan Rep. Walden Bello which the group deems as “pro-Marcos” views, as the points of debates they inject in the bicameral meetings go against the principle of the proposed law, which is to render justice and indemnification to Martial Law victims.
“Both lawmakers denigrate the persevering efforts of the victims when they disregard the judgment of the US court in the landmark class suit against the Marcos. By asserting that there should be ‘disputable presumption’ for all victims, they are providing the Marcoses with another malicious legal tactic to contest the judgment in Hawaii, which found former Pres. Ferdinand Marcos guilty of rights abuses during Martial Law. This proposal is clearly in favor of the Marcoses,” Palabay explained.
Palabay said Karapatan and the Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA), a group of former political prisoners which led the filing of the class suit in Hawaii, insist that “conclusive presumption” should be given to the 9,539 victims who filed and won the class suit in Hawaii to give due and appropriate recognition for the ‘guilty’ judgment on Marcos.
Karapatan also said the two legislators should be reminded of the principle enshrined in the United Nations Universal Declaration of Human Rights (UN UDHR) that recognizes that right of peoples, who are confronting tyrannical and oppressive regimes, to take up arms against these kinds of governments, such as the Marcos regime.
“By proposing to exclude as ‘victims’ those who took up arms and also suffered rights violations during Martial Law, Arroyo and Bello are promoting principles that undermine the struggles of the Filipino people during Martial Law and, in effect, are undermining the universally recognized right of peoples to oppose tyrannical regimes, in whatever form they deem necessary,” Palabay concluded.
Reference: Cristina “Tinay” Palabay, Secretary General, 0917-3162831 Angge Santos, Media Liaison, 0918-9790580
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.”