SELDA continues to protest Pres. BS Aquino’s appointment of former PNP General as head of the Human Rights Victims’ Claims Board; exhorts
Victims to urge Pres. Aquino to nullify appointment of former PNP General Sarmiento
“It’s a yellow-colored rehabilitation of Martial Law,” SELDA chairperson Marie Hilao-Enriquez called Pres. Benigno Simeon Aquino’s defense of the appointment of former PNP General Lina Castillo-Sarmiento, as chairperson of the Human Rights Victims Claims Board.
The group returned to Mendiola on Friday to demand the nullification of the President’s appointment of Sarmiento, a member of the defunct Philippine Constabulary during Martial Law and later on became a two-star general of the present PNP.
According to Enriquez, the appointment of the former general is not only a scheme “to marginalize the legitimate victims of the Marcos fascist regime but also an attempt to deodorize and prettify the image of the police and the military as dreaded martial law apparatuses.”
Three protesters, dressed as Pres. Aquino, Sarmiento and CHR Chairperson Etta Rosales, painted yellow the rolls of concertina wire on steel frames blocking the road going to Malacañang. The act symbolizes the scheme of the Aquino government in trying to conjure a police-military effort of dispensing reparation by appointing a former general to head the martial law victims’ claims board. “If this is not callousnes, then this is an asinine behaviour of a president who lacks deep understanding of history on the people’s role in the struggle against martial law,” Enriquez added.
“The Aquino administration is trying so hard to defend this shameless appointment by shrugging off criticisms from different groups, institutions and personalities who have fought martial law. Does this foretell how the Claims Board (HRVCB) will act on the victims’ clamor for the long-overdue justice? We all know that justice should be rendered soon especially that many of the victims worthy of recognition and reparation are in the sunset of their lives. But isn’t Pres. Aquino’s defense of Sarmiento’s appointment a way of killing us softly? Rubbing more salt into a gaping injury? exclaimed Enriquez.
SELDA reiterated its position that Pres. BS Aquino’s appointment is a total disregard of the provisions stated in Republic Act 10368, or the Human Rights Victims Reparation and Recognition Act of 2013, which state that the members of the HRVCB should have deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations during the regime of former President Marcos.
“It is not only her credentials as former PC officer that is anathema to the Filipinos’ historic struggle against Martial Law, but her zero track record of any involvement in asserting human rights nor any understanding or knowledge of the plights and struggles of Martial Law victims during and after the dark days of the Marcos dictatorship,” said Enriquez.
The group maintained that former PNP General Sarmiento should not head the Claims Board, being part of the PC which, along with the Armed Forces of the Philippines, became the main machineries of the Marcos dictatorship in implementing the worst of human rights abuses under Martial Law. It was the PC and the AFP that dispersed rallies, “salvaged,” abducted, tortured, arrested and detained thousands of Martial Law activists. Up to the present, these military apparatuses are still the violators of human rights. “Thus, General Sarmiento’s presence in the Claims Board does not inspire respect nor confidence in the hearts of the Martial Law victims, even if the President’s apologists have positively endorsed her appointment, ” Enriquez said.
“In appointing former PNP Gen. Sarmiento, Pres. BS Aquino is deceptively doing a doublespeak: while supposedly supporting the ML victims’ cry for justice by finally implementing the law that recognizes their contribution to the struggle for human rights, the government junks altogether the state’s admission of the atrocities and repression committed against the Filipino people, the supposed objective of the law. Hence, ML victims continue to demand Pres. Aquino to nullify his appointment of a police general to the Human Rights Victims’ Claims Board. She must be replaced by someone who possesses credibility, integrity and deep empathy towards the martial law victims,” Enriquez ended. ###
President Benigno Aquino III made an egregious mistake two weeks ago when he appointed a recently retired police general, Lina Castillo Sarmiento, to chair the Human Rights Victims’ Claims Board. He has since defended the appointment, offering a cluster of reasons why Sarmiento was right for the job. Sarmiento has also asked her critics to give her a chance at proving them wrong. But the appointment remains a mistake. If the President is loath to change his mind, it is up to Sarmiento to provide the urgent, necessary remedy: She should resign.
The appointment is wrong on several levels.
First, the landmark measure providing for reparation and recognition of the martial law regime’s many human rights victims, Republic Act No. 10368, became law last year; it took Malacañang 12 months to form the claims board. Given the lateness of the hour, the President owed it to the victims and their families to do everything right, not to present them with yet another problem.
Second, placing a career official from the Philippine National Police (formerly the Philippine Constabulary/Integrated National Police) at the head of the claims board sends the wrong signals, to both victim and victimizer. The PC/INP was notorious for human rights abuses. Even if Sarmiento can claim, as she has already claimed, that she has never been accused of any human rights violation throughout her career, the simple fact is she achieved career success in an institution with a record of human rights violations.
Third, and most important: RA 10368 lists four specific qualifications that members of the claims board should possess, and Sarmiento fails the most crucial one. Section 8 reads: “There is hereby created an independent and quasi-judicial body to be known as the Human Rights Victims’ Claims Board … It shall be composed of nine (9) members, who shall possess the following qualifications …. (b) 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.”
That second phrase says it all: Sarmiento, who joined the police force in 1980, at the height (or the depths) of military rule, cannot claim “involvement in efforts against human rights violations” committed at that time. She may have risen to the rank of director, the equivalent of major general, and headed the PNP Human Rights Affairs Office late in her career, but there is no showing that, during the Marcos years, when she was still new in the force, she was fighting back against human rights violations.
We wish to be clear: We are not suggesting that Sarmiento was a violator, only that there is no evidence that she was involved in “efforts against” human rights violations then.
If there were evidence, the President would surely have adverted to it. But in defending Sarmiento’s appointment, he offered only a curious cocktail of reasons: she had the “necessary physical ability to be able to complete the job in two years,” the maturity “to fend off those who would want to sabotage what this law intends to do,” the experience of handling human rights issues and the support of officials of the Department of Justice and the Commission on Human Rights. “So, she has the skill, she has the physical energy, she has the drive, she has the right direction to be able to accomplish the job in two years or less,” he said. Maybe, but she still does not meet the requirement clearly spelled out in Section 8 (b).
Other members of the board have a better claim to the chairmanship under the President’s criteria; he could have named former Constitutional Commissioner Jose Luis Martin Gascon, for instance, and there would have been no controversy. This suggests that perhaps the real reason the President named Sarmiento lies in that notion of sabotage: that she could “fend off those who would want to sabotage what this law intends to do.”
But who is the President referring to? There were fears heard during the long struggle to pass the law that victims associated with or sympathetic to the National Democratic Front would use the reparation money to suspicious ends. This seems to us unlikely; it also raises the question of presidential limits: Why does the President have a say in how the money will be used? But all these complications obscure the new fact: The controversy over Sarmiento’s appointment amounts to a kind of sabotage, too.
If Sarmiento has the victims’ interest at heart, she should do the honorable thing and resign.
Recall the apppointment of Gen. Sarmiento as head of HRV Claims Board! Justice to all Martial Law Victims!PRESS RELEASE | SELDA-Southern Mindanao Region February 24, 2014
DAVAO CITY – Samahan ng mga Ex-Detainees Laban sa Detensyon at Aresto-Southern Mindanao Region (SELDA-SMR) joins the National Day of Protest today, February 24, 2014 to mark the eve of commemoration of the 28th anniversary of People Power 1 with a protest over Pres. Benigno Aquino’s appointment of a retired police general and former Philippine Constabulary as head of Human Rights Victims’ Claims Board.
PNP Director Lina Castillo-Sarmiento, was part of the defunct Philippine Constabulary (PC) along with the Armed Forces of the Philippines who implemented Ferdinand Marcos’ Martial Law that resulted to gross human rights violations during 1970’s to mid-80’s.
“We are disgusted with the Aquino-formed Claims Board! This is the gravest insult that BS Aquino government inflicted upon the victims of Martial Law. It is unjustifiable that a former PC, the most dreaded human rights violator will lead a group that will process the recognition and reparation of Martial Law victims? How ironic, we cannot simply accept that!” expressed Fe Salino, secretary-general of SELDA-SMR.
It was also last year’s commemoration of People Power 1 when Pres. BS Aquino signed Republic Act 10368 known as “Human Rights Victims Recognition and Reparation Act of 2013”, with its solemn mandate to provide reparation and recognition of human rights victims of the Marcos regime is invested with the gravitas of history forged in the struggle against a dictatorship. The law is also a culmination of the victims’ struggle and the quest for truth, justice and the condoning of rash and remorseless assaults against freedom and human dignitiy.
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.
Salino asserted that, “The appointment of Gen. Sarmiento manifests Pres. BS Aquino’s arrogance that is bound to marginalize the tens of thousands of human rights violations victims right from the very start. The task of the Claim’s Board is not only monetary compensation but most of all to render justice for the Martial Law victims. Thus, we demand to recall the appointment of Gen. Lina Sarmiento and we will vow to support 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, and SELDA vice-chairperson Bonifacio Ilagan.”#
FOR REFERENCE: FE SALINO, secretary-general, SELDA-SMR,Mobile No. 0921-715-8403
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
Women rights group Tanggol Bayi criticized the recent appointment of Gen. Lina Sarmiento of the Philippine National Police as chair of the Human Rights Victims Claims Board that shall process the recognition and reparation of Martial Law victims.
“The appointment of a police general, one from an institution which has systematically spawned rights violations including numerous sexual forms of violence against women since the Martial Law period, is an affront to Filipinos and all victims of human rights abuses,” said Kiri Dalena, Tanggol Bayi convenor.
Dalena said that during the Marcos regime, thousands of women were killed, disappeared, tortured, raped, illegally arrested, and detained by the Philippine Constabulary and other government apparatuses to quell the resistance of the Filipino people against the dictatorship.
“These human rights violations are continued by the Armed Forces of the Philippines and the Philippine National Police. During the Arroyo administration, when Sarmiento was part of the PNP Human Rights Office, 152 women were victims of extrajudicial killing, 31 women were disappeared, while 290 women were illegally arrested and detained,” said Cristina Palabay, Tanggol Bayi co-convenor.
Under the Noynoy Aquino administration, human rights group Karapatan documented 18 victims of extrajudicial killing, 3 cases of rape of girls, and 33 women political prisoners who were likewise victims of illegal arrests and fabricated charges.
Palabay added that with Sarmiento’s appointment, “Pres. Aquino is using a female police official to deodorize stinking institutions with notorious records of human rights abuses.”
“We decry Aquino’s use of the gender card to justify the appointment of a police general to a body that is supposed to deliver justice to women victims of Martial Law. While it is important to promote the substantive and democratic participation of women in all political processes, the appointment of Sarmiento does not, at all accounts, indicate that the poor, marginalized and disadvantaged Filipino women who suffered and struggled during the Martial Law period will attain justice, with a representative of their oppressors at the helm of the claims body,” Palabay said.
Tanggol Bayi likewise scored Malacanang’s disregard for its women nominees to the claims board, who are publicly known for their “deep and thorough understanding and knowledge of human rights and involvement in efforts against human rights violations” and “clear and adequate understanding and commitment to human rights protection, promotion and advocacy.” These are minimum qualifications needed for claims board members under the Human Rights Victims Reparation and Recognition Act of 2013.
The women’s group nominated former Rep. Liza Maza, one of the primary authors of the said law and a known women’s rights activist, and Prof. Judy Taguiwalo, who is a Martial Law victim and a women’s rights advocate. They also supported the nomination of Marie Hilao Enriquez, a veteran human rights activist and daughter of one of the named plaintiffs in the Hawaii class suit against the Marcoses.
Reference: Kiri Dalena, Convenor (0920-9755574) Cristina Palabay, Convenor (0917-3162831)
Mr. Speaker, my dear colleagues;
Today, I rise on a personal and collective privilege to speak on a very important issue that has earned the ire of many human rights victims of the Martial Law regime: President Aquino’s February 13 appointment of a former police general as chair of the Human Rights Victims’ Claims Board.
Mr. Speaker, the said appointment is an insensitive act on the part of President Aquino — even a dishonor to the memory and sacrifices made by the victims of Martial Law.
Mr. Speaker, my dear colleagues: the Martial Law victims waited for nearly three (3) decades after the late dictator was ousted before Republic Act No. 10368 or the Human Rights Reparations and Recognition Act was passed into law last year. They were made to wait again for another year before Pres. Aquino finally constituted the Claims Board.
However, other than it was an insult to the victims, the appointment of Police General Lina Castillo-Sarmiento as chair of the claims board is also a highly questionable act.
Mr. Speaker, in Section 8 of RA 10368, the qualifications of the nine (9) member-claims board are the following:
- (a) Must be of known probity, competence and integrity;
- (b) 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;
- (c) At least three (3) of them must be members of the Philippine Bar who have been engaged in the practice of law for at least ten (10) years; and
- (d) Must have a clear and adequate understanding and commitment to human rights protection, promotion and advocacy. Indeed, what really was the involvement of Director Sarmiento in preventing human rights violations during the Martial Law regime? Mr. Speaker, President Aquino cannot feign ignorance of the requirements of the very law that he signed last year.
Callously, instead of appointing as head of the claims’ board a victim or even a representative of the victims, Pres. Aquino choose to give this rare distinction to a representative of the very institution – the Philippine Constabulary, the forerunner of the PNP — that unleashed, along with the AFP, the most brutal human rights violations during the Marcos dictatorship.
During the previous Arroyo administration, Director Sarmiento was one of its apologistsasthe former Director of the PNP Human Rights Affairs Office (HRAO).
As HRAO chief, she merely swept under the rug charges of human rights violations committed by PNP officers and personnel. She was part of the “denial machine” that attempted to deodorize the stench of the internationally condemned cases of extra-judicial killings and enforced disappearances under the Arroyo administration. One such case in the past was the manner by which she handled the investigation involving the case of 32-year-old Renante Romagus, a farmer, who had survived from his ordeal after he was forcibly abducted, tortured, held in captivity, repeatedly stabbed and left for dead last December 12, 2007 in Compostela Valley Province, in Mindanao.
According to the Hong Kong-based Asian Human Rights Commission (AHRC), Director Sarmiento, as head of PNP HRAO, dismissed calls for investigations on Romagus case, as she lamely but callously blamed instead the victim’s inability to identify his perpetrators.
Again, we asked General Sarmiento, where were you and what did you do as head of HRAO during the height of the state of impunity involving cases of EJKs and Enforced Disappearance under the Arroyo administration?
Last year, during the AFP-MNLF Zamboanga City standoff, the only claim to fame of Director Sarmiento was her program of bringing in clowns and comedians to entertain the affected residents, but, she was very silent on the reported torture and other human rights violations committed against civilians and suspected MNLF rebels.
Yes, Mr. Speaker, even until today, the very institution that Director Sarmiento represents is associated in many more serious cases of human rights violations. For example, just last month, several PNP personnel were exposed to have been involved in maintaining a torture chamber in Laguna.
On the other hand, it is also appalling to note Mr. Speaker, distinguished colleagues, that after a year of dilly-dallying the appointment of the claims board, President Aquino even bypassed and disregarded nominees from SELDA or the Samahan ng Ex-Detainees Laban sa Detensyon at Aresto, an organization of former political prisoners and victims of Martial Law.
SELDA is one of the human rights organizations specifically recognized by RA 10368 to submit nominees to be appointed as members of the claims board.
Mr. Speaker as we closely monitor the actions of this Aquino claims board, I challenged this Chamber, which made possible the passage into law of RA 10368, not to allow President Aquino to desecrate further the said law, even as we continue to fight for justice for the victims of Martial Law and for all the victims of human rights violations.
Thank you, my dear colleagues.
Thank you, Mr. Speaker
Aquino appointment of PNP general as rights victims claims board chair
“The height of insult and indifference to ML victims!” – SELDA
SELDA expressed disgust over the appointment of a retired police general as chair of the Human Rights Victims Claims Board that shall process the recognition and reparation of Martial Law victims – PNP Director Lina Castillo-Sarmiento.
“This is the gravest insult that the Aquino government inflicted upon the victims of Martial Law. Sarmiento was part of the Philippine Constabulary that implemented, along with the AFP, the worst of human rights violations during the Marcos dictatorship. How can we accept that?” exclaimed Marie Hilao-Enriquez, chairperson of SELDA.
Not a single SELDA nominee was appointed to the Human Rights Victims Claims Board, despite a provision in the law which says that SELDA is one of the human rights organizations recognized by the law that may submit its nominations to represent and help recognize victims of the Marcos dictatorship.
“This is not the real sentiments of martial law victims. This is BS Aquino’s Claims Board led by a general originating from the most dreaded human rights violators, the defunct Philippine Constabulary (PC), a forerunner of the Philippine National Police (PNP),” said Enriquez.
Other appointed members of the claims board are Jose Luis Martin Gascon, Byron Bocar, Aurora Parong, Galuasch Ballaho, Jacqueline Mejia, Glenda Litong, Wilfred Asis and Erlinda Senturias.
Enriquez called the appointment of Sarmiento as “overbearing arrogance of the Aquino government that is bound to marginalize the tens of thousands of rights violation victims right from the start.”
“Pres. BS Aquino made the victims wait too long for the appointment of the claims board only to fail them in the end. Aquino II’s recent appointments only show how he considers Filipinos who fought for freedom and democracy, and on whose struggle his mother and himself were able to take the reins of government. We vow even more to assert our call for justice. We shall monitor and watch closely this claims board of Aquino,” said Enriquez.
A press conference will be held by SELDA on Saturday, February 15, in protest of the Aquino-formed claims board. The panel shall be what SELDA will call as the “People’s Claims Board,” that consists of Martial Law victims submitted for nomination to the Human Rights Victims Claims Board. ###
Reference: Marie Hilao-Enriquez, SELDA chairperson 0917-5616800
Leila B. Salaverria | Philippine Daily Inquirer
A group of martial law detainees on Monday appealed to Congress to automatically consider some 9,000 individuals who won a class suit against the Marcoses in Hawaii victims of human rights violations entitled to government compensation.
Samahan ng Ex-detainees Laban sa Detensyon at Aresto (Selda) directed its plea to the bicameral conference committee, which is hammering out the final version of a bill that seeks to indemnify victims of abuses during the Ferdinand Marcos dictatorship.
The remuneration would come from the P10 billion in Marcos ill-gotten wealth that Swiss authorities had returned to the Philippine government after the dictator’s ouster in the 1986 Edsa People Power Revolution.
Selda, which led the filing of the Hawaii case, said claimants must be conclusively presumed as human rights violations victims, as stated in the House of Representatives version of the bill.
The bicameral conference committee is debating on whether to follow the House version or the Senate version, which states that there is a “disputable presumption” that the claimants are victims, meaning they are subject to validation. The panel is to meet on Wednesday following a first meeting last week.
In a statement, Selda chairperson Marie Hilao-Enriquez said that to make the claimants in the Hawaii case undergo a rigorous validation process again would undermine their efforts to seek justice.
“Such a provision is dangerous, for if this is included and passed into law, the victims who filed and won the Hawaii case will once again undergo and endure the painful and rigorous process to prove that they were indeed violated during martial law,” Enriquez said.
“We are adamant that conclusive presumption should be the principle adopted to automatically consider the 9,539 victims who pursued and won the Hawaii case under the proposed Philippine law,” she added.
Enriquez also said the group was pushing the compensation bill to enforce the 1992 judgment in the Hawaii case, which was to indemnify the martial law victims.
Bayan Muna Rep. Neri Colmenares, one of the Hawaii claimants and a coauthor of the bill, also said that it would be dangerous to do away with the conclusive presumption clause.
He said some of the victims may be unable to present evidence to defend themselves if their application for compensation was contested, considering the many years that had passed.
Colmenares would not be filing any application for compensation since he was the author of the bill, but he added that he himself would be hard put to find the evidence to show he was tortured and imprisoned for four years.
And if a Hawaii claimant was denied by the compensation board, it would just lend credence to the Marcoses’ claim that many of those who filed the court case were fake martial law victims, according to Colmenares.
“It is surely unkind to make the Hawaii victims, the majority of whom are very old now, to again relive before the compensation board their rape, torture and sufferings. This is outrageous,” he said.
He also defended the House provision that states that 80 percent of the compensation fund would go to the Hawaii claimants, and the remaining 20 percent to other claimants.
About 10,000 purported victims have filed cases against the Marcoses following the long and tedious court processes in Hawaii. But Congress is not sure how many of those who did not file cases will apply for compensation, especially since 40 years have passed since martial law was declared in 1972.
Selda also said the compensation bill must recognize all human rights violations victims during the martial law regime, and not just those who were exercising their rights “peacefully” as stated in the Senate version.
“It will be the height of historical amnesia and ignorance to only recognize the rights violations against those who ‘peacefully exercised their rights,’ as if the situation during the martial law years would permit such an exercise,” Enriquez said.
She said those who marched and defended themselves against the Philippine Constabulary and those who joined the communist New People’s Army also had rights.
Joker Arroyo slammed
Enriquez criticized Sen. Joker Arroyo for reportedly derailing the panel’s initial meeting last week by insisting, as embodied in the Senate version of the bill, on limiting reparation to those who fought the dictatorship through peaceful means.
“Arroyo wants to exclude those who resorted to armed resistance during martial law, implying that in doing so, they had given up their rights,” Enriquez told the Inquirer after a meeting in the office of Sen. Teofisto Guingona III, chairman of the Senate committee on peace and unification.
Asked for a reaction, Arroyo’s staff released to the Inquirer without comment a letter from Loretta Ann Rosales, chairperson of the Commission on Human Rights, to Senate President Juan Ponce Enrile, pointing out that the 80-20 ratio provision in the proposed package would nullify the intention of the measure—to give reparation to all victims of human rights abuses.
Arroyo was one of the few prominent lawyers, including the late Jose W. Diokno and Lorenzo Tañada, who defended human rights victims during the martial law years. With a report from Cathy Yamsuan
The Samahan ng Ex-detainees Laban sa Detensyon at Aresto (SELDA), a group formed by Martial Law victims that led the filing of the historic class action suit against former Pres. Ferdinand Marcos in Hawaii, today reiterated its position on the issues being debated upon at the bicameral conference committee on the Marcos victims compensation bill.
Marie Hilao Enriquez, SELDA chairperson and daughter of one of the original plaintiffs in the Hawaii case, enjoined members of the bicameral conference committee “to adopt provisions which are acceptable to the victims and their relatives, instead of undermining their arduous and persevering efforts for justice and indemnification.”
“For one, we are deeply disappointed with the utter disregard shown by Sen. Joker Arroyo and Rep. Walden Bello when they dismissed the efforts of the 9,539 victims who filed the class action suit in Hawaii by pursuing a provision on disputable presumption. Such provision is dangerous, for if this is included and passed into law, the victims who filed and won the Hawaii case will once again undergo and endure the painful and rigorous process to prove that they were indeed violated during Martial Law. We are adamant that conclusive presumption should be the principle adopted to automatically consider the 9,539 victims who pursued and won the Hawaii case under the proposed Philippine law,” Enriquez opined.
SELDA agrees with the Bayan Muna Rep. Neri Colmenares, himself a victim and among the class members in the Hawaii suit, in his position asserting for conclusive presumption, as this is in fact an acknowledgement of the State of the judgment of the US courts, which found Marcos and his cronies guilty for the human rights violations under Martial Law. “To run counter to this position is tantamount to opening a Pandora’s box for the Marcoses to evade the US courts’ judgment,” Enriquez said.
The human rights organization added that this is not to discriminate on other victims who failed to file and join in the class action suit. “We wish to remind our legislators and the public that the reason we are pushing for a law to indemnify martial law victims, is to finally enforce the Historic Hawaii Class Suit judgement which we won in 1992.” Enriquez declared “The Philippine government required that a law must be made to indemnify martial law victims from the ill-gotten money the Swiss government returned to them in 2003. They should be made a priority.”
Moreover, SELDA reiterated that the bicameral committee members should recognize human rights violations against all Martial Law victims, instead of discriminating against those who opted to take up arms to defend themselves and many others from further human rights violations
inflicted by the dictator.
“It will be the height of historical amnesia and ignorance to only recognize the rights violations against those who ‘peacefully exercised their rights,’ as if the situation during the Martial Law years would permit such exercise. Ang mga nagmartsa ba at pinagtanggol ang sarili sa mga miyembro ng Philippine Constabulary, at yung mga sumali sa New People’s Army ay walang mga karapatan? All those whose rights were violated should be rendered justice,” Enriquez said.
Finally the group reiterated its position to be included in the Human Rights Claim Board: “When Selda filed the now historic class suit vs, Marcos in 1986, we took on the research, interview and gathered documents that were brought to the Hawaii Courts. Many victims became members of Selda and we continue to have chapters in various parts of the country. The help of members in identifying and verifying victims would be valuable in the process once the law is enacted and implemented.” Enriquez ended. ###
Reference: Marie Hilao-Enriquez 09175616800