YEARENDER: Dev’t, delay seen in effort to give justice to HR victims

MANILA, Philippines - The year 2013 saw both development and delay in the Commission on Human Rights (CHR)’s efforts to bring justice to the victims of martial law.

A law mandating the compensation of victims was passed last year, but the creation of a body that would process the monetary claims was delayed.

This year, the CHR vowed not to waver in its call for the government to immediately form the Human Rights Victims Claims Board, which the Compensation Act of 2013 has mandated to draw up the law’s Implementing Rules and Regulations, determine people qualified for compensation, and process the monetary claims of martial law victims.

Under the compensation law or Republic Act 10368, those qualified to receive compensation are victims of human rights violations committed from Sept. 21, 1972 to Feb. 25, 1986.

The 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.

Earlier, the Hawaii District Court also ordered the compensation of martial law victims who filed a $2-billion class suit against former President Ferdinand Marcos. Verified claimants each received an initial compensation of $1,000 in 2011 and they are expected to get another $1,000 in 2014.

The CHR vowed that it would help victims get their monetary claims from their class suit.

CHR Chairman Loretta Ann Rosales also noted that the compensation law would “correct the assumption that martial law victims were enemies of the state, when they were actually killed, tortured and abused in their fight for freedom and democracy.” 

However, although the passage of the compensation law is a milestone in giving justice to martial law victims, human rights groups expressed dismay over the government’s delayed formation of the claims board.

The Samahan ng Ex-Detainees Laban sa Detensyon at Aresto (SELDA) sent a letter to Malacañang decrying the non-implementation of RA 10368 and stressing that the President is not exerting any effort to form the claims board.  

SELDA also stated in their letter why the President must appoint SELDA nominees to the claims board. The group submitted its nominees last March 12 but they have reportedly not seen any meaningful action from Malacañang. 

“Victims all over the country who are interested to be recognized as martial law victims are already asking when and if the government is really sincere in its declaration to recognize martial law victims,” said SELDA chairperson Marie Hilao-Enriquez. 

Zenaida Migue, official of human rights group Claimants 1081, also expressed regret over the delayed formation of the claims board, noting that the Hawaii District Court was quick to issue a ruling ordering the compensation of martial law victims. 

Rosales promised that her office would help victims who have yet to receive their compensation. As part of this effort, the CHR earlier approved the setting up of assistance centers all over the country that will cater to the needs of martial law victims.