On the upcoming anniversary of the first Edsa People Power, the Samahan ng mga Ex-detainees Laban sa Detensyon at Aresto (SELDA) calls on Pres. Aquino to immediately sign into law the Human Rights Victims Reparation and Recognition Act of 2013.
Almost three weeks after having been ratified by both houses of congress, the said measure still awaits the president’s signature for its enactment into law.
According to SELDA, the victims have waited so long for this law and the pomposity and grandiose preparation that go with the President’s formal signing should not be a reason for its delay.
“We have already suffered and waited more than enough for the past 27 years. Its passage into law and the final recognition of the struggles and sacrifices of victims and survivors is substantially enough for us. We strongly urge Aquino not to delay anymore its signing, and let the law now do justice for us,” said Marie Hilao-Enriquez, chairperson of Selda.
Though it sees nothing wrong that the bill is said to be signed on the anniversary of the first people power, SELDA expresses dismay that the eventual signing would be used by the Aquino administration to further portray itself as a “human rights champion” and to score points for the government during this election period.
“The law is a product of the numerous efforts of the victims to seek justice, and it should not be used to deodorize the human rights record of this regime brought about by the numerous killings and transgressions that are committed by this regime,” said Hilao-Enriquez. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson 0917-5616800
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
January 23, 2013
3rd bicam hearing on Marcos victims compensation today
Martial Law victims urge lawmakers to stand by “conclusive presumption”
Hundreds of Martial Law victims from Central Luzon and Manila gathered at the Senate grounds today while the bicameral conference committee deliberates the Marcos victims’ compensation bill for the third time.
“We hope that they finish discussing the bill today,” said SELDA chairperson Marie Hilao-Enriquez, “we also urge them to stand by with provisions that recognize all legitimate victims, including the ‘conclusive presumption’ provision of the House version of the bill.”
The ‘conclusive presumption’ provision recognizes that the 9,539 victims, including the 24 direct action plaintiffs who filed and won the historic class suit of Martial Law victims against the Marcoses in 1986 are legitimate HRV victims that must be automatically considered as such under the proposed Philippine law. “They have gone through the tedious process of proving that they are victims under a competent court and must not be made to go through a grueling process again of relating their sufferings under the law; they have done so in the Hawaii court already. Enriquez added that the ‘conclusive presumption’ provision shall also encourage other victims who were not part of the class suit to come forward.
Fears that fake claimants may take the place of genuine victims should not be the case, according the group, because the bill has a number of mechanisms to prove this. One of the safeguards would be to involve the organizations of victims and other organizations that documented and assisted the victims in their struggle for justice. These are SELDA, FIND, TFD and some lawyer organizations that helped in the legal cases of the victims.
SELDA strongly believes that a final version of the proposed law will be hammered out by the BiCam in this, hopefully, last meeting as the bill has been promised by the President to be a priority bill of his administration and also by the Speaker of the House, Rep. Feliciano “Sonny” Belmonte. President Aquino even promised the president of Switzerland that a law on the victims’ indemnification is forthcoming. Members of the BiCam therefore are urged by the victims to enact the law that embodies their aspirations and interests as a modicum part of justice they long deserve. ###
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.
Martial Law victims held a rally outside Batasang Pambansa on Wednesday while the bicameral conference committee “harmonized” the Lower House and Senate versions of the bill to indemnify victims of martial law to craft the final version into a law.
“We are here to press our senators and congressmen to stand by the bill most acceptable and reflect the interests of the majority of the victims of Martial Law,” said Marie Hilao Enriquez, whose group, SELDA, initiated the filing of the historic class action suit against the Marcoses in the US Federal Court System in 1986 and won a favorable ruling in 1992.
SELDA stressed that members of the BiCam must consider the voices and interests of the victims embodied in the four points the organization asked to be included in the final version of the law. The first BiCam meeting resulted into debates which the victims felt were only moves to delay the passage of the bill, just before the 2013 elections.
“We reiterate that victims who filed a class action suit against Marcos in Hawaii must be conclusively presumed as legitimate human rights violation victims and must be acknowledged as such so that they will not be made to once more prove their legitimacy as human rights violations victims during martial law, just like the “new claimants” who will be filing claims for the first time under Philippine law Instead of instantly casting doubts on the victims, the law should prioritize that victims need recognition and reparation or indemnification as components of justice that victims long deserved,” Enriquez said.
The group has earlier expressed disappointment on Sen. Joker Arroyo’s insistence of a provision on disputable presumption of the martial law victims who filed and won a case vs. Marcos in Hawaii . Enriquez explained, “it is not only painful, but far more dangerous, for the victims to undergo and endure the painful and rigorous process again to prove they were indeed violated during Martial Law.”
SELDA also said that only considering as human rights violations victims during martial law those who “peacefully exercised their rights against the dictatorship” is clearly excluding those who resisted the violations during the white terror years and sends a very dangerous signal to the perpetrators of human rights violations that theperpetrators can do what they like to people considered as not “peacefully” exercising their civil and political rights. This provision also opens up a problem of who will and how will the “peaceful” exercise be determined. Further, even the UN Declaration of Human Rights, which the Philippine government subscribes to, does not specify how the rights will be exercised.
“Why should this be an issue when the rights to take up arms in a time of tyrannical rule are enshrined in the Universal Declaration of Human Rights? Pushing for such a provision in a law meant to render a component of justice to martial law victims will deny such Martial Law heroes and martyrs as Emman Lacaba, Edgar Jopson, Lorena Barros, and a hundred more who have been recognized as worthy of emulation by Bantayog ng mga Bayani and most importantly, in our nation’s history,” she said. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson, 0917-5616800