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Martial Law Years and Human Rights September 21, 1972- February 25, 1986 Max M. de Mesa

Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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Page 1: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

Martial Law Years

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

Max M. de Mesa

Page 2: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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.

Page 3: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

Pre-Martial Law• 1969: Marcos’ 2nd Term

Election – dirtiest, most

violent, most corrupt

• Due to election spending:

Php 2 = USD 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

Page 4: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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.

Page 5: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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

Page 6: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

Sultanato ng Maguindanao-Sultan Kudarat (1645)

Sultanato ng Maguindanao (1700)

S. ng Maguindanao (Saleeby)(1900)

Sultanato ng Maguindanao (1618-1671) Majul

Sultanato ng Maguindanao at Pat a Pongampong ko Ranao

Page 7: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

S. ng Maguindanao(Saleeby) (1900)

Sult. of Maguindanao-Sultan Kudarat (1645)

Sultanato ng Maguindanao (1618-1671) Majul

Sultanato ng Maguindanao (1700)Sultanato ng Sulu

Page 8: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

MILF and NPA: What are the root

causes of the armed conflicts?

Page 9: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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

Page 10: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

Washington Response

SILENCE*

There was a communist threat.

American economic interests at stake.

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

Page 11: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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.

Page 12: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

ILAGAN DOCTRINE

• a petition for the writ of habeas corpus

becomes "moot and academic" once an

information or indictment is filed in court

and a warrant of arrest or order of

commitment is issued against a detained

person.

Page 13: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

• 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”.

Page 14: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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

Page 15: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

67,124

812,522

1,889,377

Land Reform: A Comparison

between Administrations

Page 16: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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.

Page 17: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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.

Page 18: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated
Page 19: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated
Page 20: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated
Page 21: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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.

Page 22: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

External Debt* Presidential Decree 1177: Automatic Appropriation Act

• 1972 – US $ 2.73 billion

• 1986 – US $ 28.26 billion

Page 23: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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

Page 24: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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

Page 25: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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

Page 26: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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

Page 27: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated
Page 28: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

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.

Page 29: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

EDSA Revolution

• Ousting of Marcos

• Proclamation of Cory Aquino

• Revolutionary Government

Page 30: Martial Law Years and Human Rights and... · 2017-02-16 · First Martial Law •President Jose P. Laurel placed the Philippines under martial law through Proclamation No. 29 dated

T

H

A

N

K

Y

O

U

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: [email protected]: http://www.tfdp.net

Philippine Alliance of Human Rights Advocates (PAHRA)

Tel Nos. 4362633, Email: [email protected]: http://www.philippinehumanrights.org

Philippine Human Rights Information Center (PhilRights)

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

Tel Nos. 4331714 and 4365686