“Pres. Noynoy Aquino’s lame defense of the appointment of Gen. Lina Sarmiento as head of the martial law claims board is as lame as his understanding of the very essence of the law that he is supposed to implement. It is very clear in the letter of the law that the board members should possess known probity, competence, integrity, deep and thorough understanding & knowledge of human rights and involvement in efforts vs Martial Law human rights violations. Nowhere in his statement defending Sarmiento reflect such adherence to the law.”
“Aquino installed a police general, from the dreaded institution-purveyors of human rights violations, whose “experience” in tackling human rights issues is highly questionable. As head of the PNP Human Rights Affairs Office, she dismissed calls for investigation on cases of rights abuses of the military and police which were raised by the international community during the Arroyo administration. In the 2013 AFP-MNLF Zamboanga City stand-off, she was eerily silent on the reported torture and other human rights violations committed against civilians and suspected MNLF members. If her record is as muddied as her concept of human rights, what of Sarmiento’s “experience” then has Aquino considered?”
“If Aquino is worried about “fending of those who want to sabotage the law” as he says, he should just look at the mirror. By appointing Sarmiento, Aquino appears as the primary saboteur of the intent of the law to provide justice and reparations to Martial Law victims.”
Cristina Palabay secretary general
MANILA, Philippines — A group of human rights victims during the time of former President Ferdinand Marcos asked the Supreme Court to stop the appointment of retired General Lina Sarmiento as head of the Human Rights Claims Board.
In a petition filed Tuesday, they urged the high court to nullify Sarmiento’s appointment.
Petitioners represented by the National Union of People’s Lawyers include former lawmaker Satur Ocampo, Bayan Muna Representative Neri Javier Colmenares, Maria Carolina Araullo, Trinidad Repuno, Tita Lubi, and Josephine Dongail. They were all arrested, detained and tortured during the Martial Law years.
They said President Benigno Aquino III gravely abused his discretion when he appointed Sarmiento who is not qualified to head the Human Rights Claims Board.
Under Republic Act 10368 or the Human Rights Victims Reparation Act of 2013, the head of the board must have a “deep and thorough understanding of human rights and involvement in efforts against human rights violations committed during the Marcos time.
Sarmiento was a former member of the Philippine Constabulary-Integrated National Police who were among those who allegedly committed human rights violations during Marcos time.
Then, she became chief of the PNP Community Relations Group under the counterinsurgency program of the government, a machinery which petitioners say “attempted to deodorize the stench of the internationally condemned cases of extra judicial killings and enforced disappearances.”
“The issue of whether respondent Sarmiento meets the exacting qualities [to head the board] is therefore put to serious question. This does not inspire, merit or command trust and confidence in the head of the Board,” petitioners said.
David Dizon | ABS-CBNnews.com
Coming soon: Martial Law Memorial a la Holocaust
MANILA – Victims of human rights violations during the Martial Law regime of former President Ferdinand Marcos will get an estimated P500,000 each with the passage of the Marcos Compensation Bill.
Bayan Muna Rep. Neri Colmenares, a member of the bicameral conference committee, said the Human Rights Victims Reparation and Recognition Act of 2012 is the result of years of work to properly indemnify victims of martial law under the Marcos dictatorship.
“It is beyond compensation but reparation and recognition for the human rights victims during martial law. It is not a big sum of money now pero malaking tulong pa rin sa mga matatanda nang victims,” he told radio dzMM.
Under the law, those qualified to receive compensation are victims of human rights violations committed from September 21, 1972 to February 25, 1986. Compensation will come from funds amounting to P10 billion transferred to the Bureau of Treasury through the order of the Swiss Federal Supreme Court in 1997.
The new law states a Human Rights Claims Board will be created to determine people qualified to get compensation.
Colmenares said the board will create the internal rules and regulations that will detail the process of recognition, compensation and reparation.
He said groups such as SELDA and Task Force Detainees can nominate human rights advocates “with deep understanding of the human rights situation during martial law” to join the board.
Representatives from the National Historical Institute, the Commission on Human Rights, and the University of the Philippines Main Library could also join the board, he said.
“It is a combination of agencies with historical and human rights mandates,” he said.
2 years to distribute compensation
Colmenares said there will be 2 groups of claimants for compensation. The first group is composed of 9,539 victims in the Hawaii class action suit against the Marcoses.
The new law states that the Hawaii complainants are presumed victims of martial law abuses and would no longer have to prove their claims for compensation.
The second group, Colmenares said, will include individuals not included in the Hawaii class action suit.
He said that once the board is set up, there will be an information campaign to allow possible claimants to apply within the 6-month period.
Claimants will also be screened by the board. A point system will be followed in determining the amount that each victim or their kin will receive, with those tortured or killed getting a higher compensation than those harassed or economically disadvantaged during martial law.
Colmenares said the board will then have 2 years to finish the process of compensation.
“Tinaningan na. Dapat in 2 years, they must get it in 2 years. We can actually give compensation to the Hawaii claimants in the first year. It is a maximum of 2 years,” he said.
Martial Law Memorial
The lawmaker said the law also establishes a Martial Law Memorial where the names of all victims of human rights violations will be enshrined.
“It was in the Senate version. In fact, ang narinig ko it will be equal to the Holocaust Musem. It will contain memorabilia, stories at kung ano pa mang bagay that will give us an idea on what happened during Martial Law. And, of course, the role of the victims, yung mga pangalan nila ilalagay duon sa memorial na yan,” he said.
Colmenares said he has already asked Education Secretary Armin Luistro about including the teaching of martial law in the school curriculum. He noted that in some textbooks, discussion about martial law is reduced to a single page and equates the period to land reform.
The lawmaker said the memorial and proper education will help the next generation understand the lessons of martial law.
“It brings back the experience of martial law and hopefully, the lessons will be inculcated
They need the real picture of what happened during martial law,” he said.
He also said he is disappointed that not one member of the Marcos family went to jail despite the crimes committed during martial law.
“Nagiging hungkag ang call na ‘Never again to martial law’ kasi parang walang lesson learned, walang accountability,” he said.
He noted that one good thing that came out after the 1986 EDSA Revolution is that the entire world recognizes Ferdinand Marcos as a dictator.
“Kami naman sa Bayan Muna, we will really work hard na hindi maulit ang apelyidong yan (Marcos) sa panguluhan,” he said.
Bongbong hands off
Meantime, Sen. Ferdinand Marcos Jr. on Tuesday said his family already has nothing to do with granting reparations for victims of human rights human rights violations during the regime of his father.
A day after the Senate ratified a measure giving compensation to martial law victims, Marcos said the issue is only between human rights claimants and the government, which now possesses the money confiscated from his family.
“The judgments have been made against us and our position has been very clear. The government has confiscated the assets, so it’s up to the government to now dispose of them as they see fit,” he said.
Marcos added that from the very start, he was never involved in discussions on the bill.
“I just recused myself from the discussions because I cannot be seen ever to be objective about the subject,” he said.