Martial Law Years

and Human Rights September 21, 1972- February 25, 1986

Max M. de Mesa

Chair, PAHRA

Preamble:“…recognition of the inherent dignity

and of the equal and inalienable rights

of all members of the human family

is the foundation of freedom,

justice and peace in the world…”

Universal Declaration of

Human Rights (UDHR)10 December 1948

Max M. de Mesa

First Martial Law

• President Jose P. Laurel

placed the Philippines under

martial law through

Proclamation No. 29 dated

September 21, 1944.

• ML came into effect on September 22, 1944 at 9 a.m.

• Proclamation No. 30 declared the existence of a state of war and took effect on September 23, 1944, 10 a.m.

Pre-Martial Law

• 1969: Marcos‟ 2nd Term

Election – dirtiest, most

violent, most corrupt

• Due to election spending:

PhP 2 = US$1

• Marcos Diary (Jan. 8, 1970):

no one seemed worthy to

succeed him (no third term)

• 1972 1st Semester: Studies

being done in the U.S. and in

the Philippines on Martial Law

• August 20, 1972: Plaza

Miranda bombing

• The Re-establishment

of the Communist

Party of the Philippines

(CPP)

• The establishment of

the New People‟s

Army (NPA)

• Establishment of the

Moro National

Liberation Front

(MNLF)

• First Quarter Storm

Philippine Ratification

of International HR Instruments

HR Instrument Date of

Adoption

Date of

Signature

Date of

Ratification

Entry into

Force for RP

ICESR 1966 Dec 16 1966 Dec 19 1974 May 17 1976 Jan 03

ICCPR 1966 Dec 16 1966 Dec 19 1986 Feb 28 1987 Jan 23

ICCPR-OP1 1966 Dec 16 1966 Dec 19 1989 Aug 22(a) 1989 Nov 22

ICCPR-OP2-DP 1989 Dec 15 2006 Sep 21

CERD 1965 Dec 21 1966 Mar 07 1967 Aug 15 1969 Jan 04

CEDAW 1979 Dec 18 1981 Jul 15 1981 Jul 19 1981 Sep 04

CEDAW-OP 1999 Oct 06 2000 Mar 21 2003 Nov 12 2004 Feb 12

CAT 1984 Dec 10 1986 Jun 18(a) 1987 Jun 26

CAT-OP 2002 Dec 18

CRC 1989 Nov 20 1989 Jan 26 1990 Jul 26 1990 Sep 20

CRC-OP-AS 2000 May 25 2000 Sep 08 2003 Aug 26 2003 Sep 26

CRC-OP-SC 2000 May 25 2000 Sep 08 2002 May 28 2002 Jun 28

CMW 1990 Dec 18 1993 Nov 15 1995 Jul 1995 2003 Jul 01

“…recognition of the inherent dignity

and of the equal and inalienable rights

of all members of the human family

is the foundation of freedom,

justice and peace in the world…

…it is essential,

if man is not to be compelled to have recourse,

as a last resort, to rebellion against tyranny and oppression,

that human rights should be protected by the rule of law…”

Universal Declaration of

Human Rights (UDHR)10 December 1948

Max M. de Mesa

Corregidor/ Jabidah Massacre, 1968

26* Muslim trainees out of 180 trainees

undergoing secret military training in

Corregidor Island were ordered massacred

by their superiors for an alleged mutiny:

> 3 on Feb 25

> 2 batches of 11 and 12, Mar 18

* Dr. Cesar Adib Majul, Muslim scholar and expert on Moro history at UP, records a

Feb petition of 62 Muslim trainees to Marcos for back pay as well as official induction

as regular soldiers in the army. He mentioned that some of the disgruntled trainees

said that if their demands were not met, then they would like to resign and return home.

Years Before Martial Law

1969Marcos was elected

President for a second

term, defeating Sergio

Osmena, Jr. The CPP

joined forces with the

PKP's military arm

(Hukbong Mapagpalaya ng

Bayan) led by Bernabe

Buscayno (Kumander

Dante); it became known

as the New People's Army

(NPA).

1970January, demonstrations

against Marcos,

perceived to be angling

for a third term,

culminated in the "First

Quarter Storm." Militant

students, farmers, and

workers picketing

Malacañang Palace were

violently dispersed by

military troopers.

Mindanao Crisis, 1971

• Founding of the Mindanao Independence

Movement (MIM) by Datu Udtog Matalam

• Formation of Ilaga (rat) Movement

• Killings between Christian and Moros

• Jun 1971: Cotabato massacre of 70 Muslim

men, women, children in a mosque at Brgy

Manili, Carmen

MNLF and NDF,CPP,NPA

Nearing Martial Law

1971

In June, the Constitutional Convention

began to rewrite the 1935 Constitution.

August, Plaza Miranda was bombed,

injuring several opposition stalwarts.

Marcos blamed the Communists and

suspended the writ of habeas corpus.

He also charged that Aquino and other

oppositionists were arming the NPA.

Nearing Martial Law

1972

Amidst allegations of bribery attempts by the

Marcoses, the Constitutional Convention

approved a parliamentary system of government.

Sep 13, Aquino exposed and denounced "Oplan

Sagittarius," a Marcos plan to place the national

capital region under military control.

Sep 16, Marcos accused Aquino of meeting with

Communist Party leader Jose Ma. Sison and

plotting to overthrow the government.

Precipitating Incident for ML

An attempt, allegedly by communists, to assassinate Minister of National Defense Juan Ponce Enrile*.

*As Enrile himself admitted after the Marcos’s downfall in 1986, his unoccupied car had been riddled by machinegun bullets fired by his own men on the night that Proclamation 1081 was signed.

Proclamation 1081

• To suppress civil strife & the threat of the communist takeover

• To halt the Muslim secessionist movement in Mindanao

• To build a New Society

• Signed on September 21, 1972

• Came into force September 22, 1972

• Declared Martial Law on September 23, 1972

Déjà vu Martial Law

Proclamation 1081NOW, THEREFORE, I,

FERDINAND E. MARCOS,

President of the Philippines,

• by virtue of the powers vested upon

me by Article VII, Section 10,

Paragraph (‟2) of the Constitution,

• in my capacity as their commander-

in-chief, do hereby command the

Armed Forces of the Philippines, to

maintain law and order throughout

the Philippines,

• prevent or suppress all forms of

lawless violence as well as any act

of insurrection or rebellion and to

enforce obedience to all the laws

and decrees, orders and regulations

promulgated by me personally or

upon my direction

Proclamation 1017NOW, THEREFORE, I, GLORIA MACAPAGAL-AROYO, President of the Republic of the Philippines and Commander-in-Chief of the Armed Forces of the Philippines,

• by virtue of the powers vested upon me by Section 18, Article 7 of the Philippine Constitution …

• in my capacity as their Commander-in-Chief, do hereby command the Armed Forces of the Philippines, to maintain law and order throughout the Philippines,

• prevent or suppress all forms of lawless violence as well any act of insurrection or rebellion and to enforce obedience to all the laws and to all decrees, orders and regulations promulgated by me personally or upon my direction

Washington Response

SILENCE*

There was a communist threat.

American economic interests at stake.

US military bases was non-negotiable (Vietnam war).

General Order No. 5

• Imposed a total ban on all forms of mass

action, including rallies, demonstrations,

strikes and picketing in vital industries and

other forms of public assemblies.*

GO 5 came under heavy attack from local and international labor groups

which resulted in the issuance of PD No. 823, which limited the ban on

strikes in soc-called vital industries.

Martial Law Governance

1973

The final draft of the 1973 (Marcos)

Constitution was ratified by Citizens'

Assemblies and declared legal by Marcos's

Supreme Court.

August, Ninoy Aquino was brought to trial

before a military tribunal for violating the

anti-subversion law. Aquino refused to

participate in the proceedings.

The Furtive Laws

and the Right to Information

• “During Martial Law, many laws and decrees were not

published as required by Article 2 of the Civil Code

providing as follows:

„Art. 2. Laws are to take effect after fifteen days

following the completion of their publication in the Official

Gazette unless it is otherwise provided. This Code shall

take effect one year after such publication.‟

The martial law government interpreted that this law did

not refer to the requirement of publication, e.g., the

General Appropriations Act for FY 1975.

Cfr “The Furtive Law”, Isagani A. Cruz, PDI, Mar.7, 2010, p. A12

• President Ferdinand Marcos – announced

intent to continue Land Reform but had no

money for it;

• Re-establishment of the Communist Party of

the Philippines (CPP): set agrarian revolution

along with anti-colonial struggles as main

content of new “national democratic” revolution.

Land Reform:

“The Cornerstone of the New Society”*

* The World Bank would later call it “The Stone in the Corner”.

Land Reform before

and during Martial Law -2

Pres. Ferdinand Marcos:

• RA 6389 – imposed leasehold system

• PD 27 – land reform for rice and corn only - included only 1.8 M has of 10 M has of agricultural lands

• foreign and local firms to buy or lease large tracts of land for business;

• Civilian Home Defense Force (CHDF) – para-military to suppress rural resistance

67,124

812,522

1,889,377

Land Reform: A Comparison

between Administrations

Labor • May 1, 1974: Labor Code

enacted one union-one industry system.

• In late 1975, the first wave of strikes hit Metro Manila when workers from La Tondena, a distillery factory, staged a walkout.

• 1976: Bukluran ng Manggagawa sa Pilipinas (BMP) was organized and immediately banned.

• 1977: Kapatirang Anak Pawis (KAP) also banned.

• 1980: Kilusang Mayo Uno (KMU) established.*

• 1982: The first general strike was held in the Bataan Export Processing Zone.

*November 12, 1986: KMU Chairperson Rolando Olalia was brutally murdered. The day before, he was abducted by armed men believed to be ultra-rightist elements.

Economic Development:

Abysmal Failure

• Growth was slow compared to that in other East

and Southeast Asian countries: immiserizing

growth

• The low purchasing power of the poor

depressed the market for rice

• Deteriorating terms of trade and predations of

the Marcos regime crippled export agriculture

• Once-plentiful forest resources nearing

depletion.

Bataan Nuclear Power Plant

• A US $600 million deal

that eventually ballooned

to USD 2.3 billion.

• The public had to burden

paying US $155,000 daily

despite the non-

generation of electricity.

External Debt

• 1972 – US $ 2.73 billion

• 1986 – US $ 28.26 billion

ESTIMATES OF POVERTY INCIDENCE BY REGION, 1965-1985(percent of families living below poverty line)

Region 1965 1971 1975 1983 1985

World Bank Mangahas Total Urban Rural

Manila & suburbs

10.6 16.0 40.6 11.2 31 43.9 43.9 -

Ilocos 57.3 56.3 51.7 40.3 53 51.6 55.4 50.6

Cagayan Valley 67.6 65.5 56.5 43.1 67 55.7 49.7 56.7

Central Luzon 32.3 30.7 37.8 27.4 46 43.5 44.5 42.8

Southern Tagalog

34.0 39.8 50.9 31.3 43 55.2 50.0 58.4

Bicol 38.5 49.8 55.9 42.7 58 73.5 62.6 76.3

Western Visayas 37.7 36.9 53.5 50.0 66 73.4 66.0 76.3

Eastern Visayas

52.3 61.5 54.933.0 66 70.2 69.6 70.4

Central Visayas 48.1 69 69.9 60.9 74.1

Northern Mindanao 47.8 51.5 65.6

38.6 75 63.0 60.1 63.6

Central Mindanao

28.4 52 60.2 60.4 60.2

Western Mindanao 51.2 47.0 55.2

40.1 76 65.6 67.4 65.0

Southern Mindanao

33.3 60 63.6 55.0 65.5

National 41.0 43.8 51.5 34.6 55 58.9 52.0 63.2

HR Violations of Different Regimes*REGIMES MARCOS

(1977-1986)

AQUINO

(1986-1991)

RAMOS

(1991-1998)

ESTRADA

(1998-1999)

ARROYO

(1999 up)

HRVs NUMBER OF CASES

Arrest and

Detention4,244 3,988 1,308 208 355

Extrajudicial

Executions

(EJEs)

1,363 705 223 31 48

Frustrated EJEs 139 147 67 3 6

Hamletting 128+

(68,000+)

25 18

Disappearances 706 446 61 12 22

Massacre 192 90 28 13 13

Frustrated

Massacre46 127 63 12 9

Torture 560 578 357 21 102

Crossfire

Casualties49 51 7 7

HRVs of the Different Regimes*

REGIMES MARCOS AQUINO RAMOS ESTRADA ARROYO

HRVS NUMBER OF VICTIMS

Arrest and

Detention22,287

individuals

15,870

individuals

4,030

individuals

682

individuals

1,291

individuals

Extrajudicial

Execution2,481

individuals

705

individuals

223

individuals

31

individuals

55

individuals

Frustrated

Extrajudicial

Execution

139

individuals

147

individuals

67

individuals

3

individuals

8

individuals

Enforced

Disappearance706

individuals

446

individuals

61

individuals

12

individuals

54

individuals

HRVs of the Different Regimes*REGIMES MARCOS AQUINO RAMOS ESTRADA ARROYO

HRVS NUMBER OF VICTIMS

Massacre 915

individuals

killed and

220

individuals

wounded

357

individuals

killed and

138

individuals

wounded

104

individuals

killed and 59

individuals

wounded

59 individuals

killed and 22

individuals

wounded

107

individuals

Frustrated

Massacre

53

individuals

killed and

132

individuals

wounded

131

individuals

killed and

217

individuals

wounded

60 individuals

killed and 125

individuals

wounded

15 individuals

killed and 20

individuals

wounded

43

individuals

Torture 1,262

individuals

2,465

individuals

2,215

individuals

307

individuals

219

individuals

Casualties due

to Crossfire

No

documentatio

n

57

individuals

killed and 58

individuals

wounded

47 individuals

killed and 82

individuals

wounded

6 individuals

killed and 14

individuals

wounded

14

individuals

1986 Snap Elections

• Extensive discrepancies in the election

results causes a walkout among

COMELEC workers during the official

counting of votes.

• LP leader and Antique Gov. Evelio Javier

gunned down after the elections due to his

staunch anti-Dictatorship stance.

EDSA Revolution

• Ousting of Marcos

• Proclamation of Cory Aquino

• Revolutionary Government

Basic Causes of Conflict

National Unification Com 1993 - a

Massive and abject poverty and economic inequity, particularly in the distribution of wealth and control over the resource base for livelihood

Poor governance, including lack of basic social services, absenteeism of elected local officials, corruption and inefficiency in government bureaucracy, and poor implementation of laws, including those that should protect the environment

Injustice, abuse of those in authority and power, violations of human rights, and inequity, corruption and delays in the administration of justice

Basic Causes of Conflict

National Unification Com 1993 - b

Structural inequities in our political system, including control by an elite minority, traditional politicians and political dynasties, and enforcement of such control through private armies

Exploitation and marginalization of indigenous cultural communities, including lack of respect and recognition of ancestral domain and indigenous legal and political systems

The Long Reach of Martial Law

1. Executive Order 464

2. The Automatic

Appropriations Act

3. The Ilagan Doctrine

T

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For more information, please contact:

Task Force Detainees of the Philippines (TFDP) Martial Law Museum

45 St. Mary St., Cubao, Quezon City

Tel Nos. 4378054, Email: tfdp1974@yahoo.comWebsite: http://www.tfdp.net

Philippine Alliance of Human Rights Advocates (PAHRA)

Tel Nos. 4362633, Email: pahra@philippinehumanrights.orgWebsite: http://www.philippinehumanrights.org

Philippine Human Rights Information Center (PhilRights)

53-B Maliksi St., Barangay Pinyahan, Q.C.

Tel Nos. 4331714 and 4365686