Posts tagged “US Federal Court System

Update: 3rd Bicameral hearing on Marcos victims’ compensation bill

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!


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.

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.

News Release
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

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Martial Law victims to bicam: No more delays, enact “pro-victim” bill now!

SAM_0364
 
News Release
January 16, 2013

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


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Martial law victims demand for ‘acceptable’ version of compensation bill

Selda, a group of martial law victims, holds a rally outside the House of Representatives on Wednesday as the bicameral conference committee on the Marcos victims compensation bill meets anew. KAREN BONCOCAN/INQUIRER.net

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.”