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PHILIPPINES: The Philippine Congress must revoke martial law in Maguindanao province

December 7, 2009

ASIAN HUMAN RIGHTS COMMISSION – URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-170-2009



7 December 2009
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PHILIPPINES: The Philippine Congress must revoke martial law in Maguindanao province

ISSUES: Democracy; right to liberty and security; emergency decree; rule of law;
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STOP extrajudicial killings in the Philippines
http://www.pinoyhr.net/
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Dear friends,

The Asian Human Rights Commission (AHRC) is seeking your support in calling upon the members of the Philippine Congress to revoke Proclamation No. 1959, which has been signed by President Gloria Macapagal-Arroyo and has declared a state of martial law in Maguindanao. It suspends the privilege of the writ of habeas corpus, and allows warrantless arrest and searches. Members of the Philippine Senate and the House of Representatives are reportedly due to meet tomorrow on 8 December to decide whether to revoke the proclamation.

CASE DETAILS:

On 4 December at 9pm President Gloria Macapagal-Arroyo signed Proclamation No 1959, proclaiming a state of martial law and suspending the privilege of the writ of habeas corpus in much of Maguindanao. It was officially announce to the public by President Arroyo's executive secretary, Eduardo Ermita, during a press conference at 7am the following day, on December 5.

Even before the proclamation was made known to the public, the military and the police had begun arresting persons that they have claimed are involved in the November 23 Maguindanao Massacre, which saw 57 people killed, including two human rights lawyers and 30 journalists. For more details, please read: AHRC-UAC-165-2009 and AHRC-STM-235-2009.

Those arrested after the martial law proclamation include Andal Ampatuan Sr., the father of the alleged mastermind, Andal Ampatuan Jr, and his three sons, Zaldy Ampatuan, governor of the Autonomous Regional in Muslim Mindanao (ARMM); Anwar Ampatuan, town mayor of Shariff Aguak in Maguindanao; and Sajid Ampatuan.

But apart from the Ampatuans, the police and the military took custody of 60 or so people, most of them male civilians, without properly informing them of the reasons for their detention. Their wives and children had to accompany the arrestees to the provincial headquarters of the Philippine National Police (PNP) in Ampatuan, Maguindanao, where they are being held. Some have not been properly informed of the charges before being subjected to questioning.

Under Article 7, section 18 of the 1987 Philippine Constitution the president has the power to declare martial law and allow warrantless arrests, detention and searches, but only in the 'case of invasion or rebellion, when the public safety requires it'. The AHRC believes that this incident does not have those elements. Please read the AHRC's statement regarding this: AHRC-STM-238-2009

The 1987 Constitution also requires the president to submit a report within 48 hours from the commencement of the proclamation to the Philippine Senate and House of Representatives, explaining the reasons for the declaration and the actions they have taken. Yesterday on 6 December at around 9pm the President's executive secretary, Eduardo Ermita, submitted the 20-page report to Juan Ponce Enrile, president of the Philippine Senate; and Prospero Nograles, speaker of the House of Representatives. Under the Constitution, the Senate and the House of Representative has the power to either allow the martial law for 60 days or revoke it after deliberating on the report.

The AHRC is deeply concerned that the fundamental principles of human rights, which are protected even under conditions of emergency and martial law, have already been abandoned. We urge your intervention to call upon the members of the Philippine Senate and House of Representative to unequivocally revoked Proclamation No. 1959, and operate under the rule of law.

Not only are the justifications for the proclamation and its results devoid of constitutionality, but the police and the military have already started to abandon the fundamental principles on criminal procedures and protection of rights. Some of those arrested have already been deprived of their right to a fair trial, equality before the law and the principles of legality in the field of criminal law--these are fundamental rights that cannot be derogated for any reason. With this proclamation the police and military have instead obtained blanket impunity.

SUGGESTED ACTION:

Please write letters to the members of the Philippine Senate and the House of Representative asking them to revoke Proclamation No. 1959.

The AHRC has also written to the United Nations High Commissioner for Human Rights, Working Group on arbitrary detention.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

PHILIPPINES: An appeal to the Philippine Congress to revoke the martial law in Maguindanao province

I am writing to express my concern regarding the issuance of Proclamation No. 1959, which has declared a state of martial law and has suspended the privilege of the writ of habeas corpus, except in some areas, in the province of Maguindanao in southern Philippines.

I understand that President Gloria Macapagal-Arroyo signed Proclamation No. 1959 on December 4. Under Article 7 section 18 of the 1987 Philippine Constitution, and that she has the power to declare a state of martial law. However I am deeply concerned that the constitutional justifications for martial law have not been met.

Firstly the Constitution clearly requires that only in 'case of invasion or rebellion, when the public safety requires it' can martial law be declared. I have learned that the declaration was prompted by the police' difficulty in arresting those involved in the Maguindanao massacre, in particular the Ampatuans, a powerful political clan, who have been accused of having involvement in the massacre.

Yet it is unacceptable that, for reasons of certain police difficulties in arresting, detaining and of conducting searches in a certain case, that martial law had to be declared. I believe that these are failures of rudimentary police duties, and should not require such an action.

Although the Maguindanao massacre, which killed 57 people, is a crime and a human rights violation of unprecedented significance in the Philippines, to abandon the principles of legality to resolve it is unacceptable. The fundamental rights of the people of Maguindanao, which covers 36 towns and with a population of over 1 million, should have not been undermined in prosecuting the perpetrators.

Secondly, few hours after the martial law was declared, over 47 or so people, most of them male civilians, were taken in police custody to the provincial police headquarters in Ampatuan, Maguindanao; few informed of the charges laid on them before being detained in police and military custody, and subjected to questioning, without the legal counsel of their choice. A fair trial, equality before the law, and the principles of legality in criminal procedures are fundamental rights that should have been observed, even during martial law.

I therefore urge you to uphold the protection of fundamental of rights by unequivocally and immediately revoking Proclamation 1959. I am deeply concerned that if this does not happen, the police and the military will continue to commit illegal acts and violate fundamental rights with impunity.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Senator Juan Ponce Enrile
Senate President
Rm. 606 6th Flr., GSIS Bldg., Financial Center
Roxas Blvd., Pasay City
PHILIPPINES
Tel: +63 2 552 6690 / 552 6691
Email: senator_enrile@senate.gov.ph

2. Senator Richard Gordon
Chairperson
Committee on Accountability of Public Officers and Investigations
Rm. 509 5th Flr., GSIS Bldg., Financial Center,
Roxas Blvd.
Pasay City
PHILIPPINES
Tel: +63 2 552 6793 / 552 6719
Fax No.: (632) 552-6719
Email: rjgordon@senate.gov.ph

3. Senator Francis "Chiz" G. Escudero,
Chairperson
Committee on Justice and Human Rights
GSIS Bldg., Financial Center
Roxas Blvd.
Pasay City
PHILIPPINES
Email: sen.escudero@gmail.com

4. Senator Benigno S. Aquino III,
Chairperson
Committee on Local Government
Rm. 526 5th Flr., GSIS Bldg., Financial Center
Roxas Blvd.
Pasay City
PHILIPPINES
Tel.: +63 2 833 6383
Telefax No.: +63 2 552 6601 local 5540
Email: sbsa_iii@noynoyaquino.ph

5. Senator Pia S. Cayetano
Chairperson
Social Justice, Welfare and Rural Development
Rm. 505 5th Flr., GSIS Bldg., Financial Center, Roxas Blvd
Pasay City
PHILIPPINES
Direct Lines: (632) 552-6683 / (632) 552-9003
Email: pia@senatorpiacayetano.com

6. Senator Rodolfo G. Biazon,
Chairperson
National Defense and Security
Rm. 527 5th Flr., GSIS Bldg., Financial Center, Roxas Blvd.
Pasay City
PHILIPPINES
Tel.: +63 2 552 6772 / 551-7344 / 551 7353
Email: pongbiazon@yahoo.com

7. Prospero Nograles
Speaker
House of Representatives
Rm. RVM-410, House of Representatives
Quezon City
PHILIPPINES
Tel.: +63 2 931 5001 local 7019 / 951 8945
Email: congress_nogie@yahoo.com

8. Lorenzo Tanada, III
Chairperson
Committee on Human Rights
Rm. N-409, House of Representatives,
Quezon City
PHILIPPINES
Tel: +63 2 931 5001 local 7368, 931 6478
Email: erin_tanada@yahoo.com

9. Yusop Jikiri
Chairperson
Committee on Peace. Reconciliation and Unity
Rm. S-407, House of Representatives
Quezon City
PHILIPPINES
Tel.: +63 2 931 5001 local 7248, 9315691
Email: congjikiri@yahoo.com


10. Matias Defensor Jr.
Chairperson
Committee on Justice
Rm. N-303, House of Representatives,
Quezon City
PHILIPPINES

11. Pedro Romualdo
Chairperson
Committee on Good Government and Public Accountability
Rm. N-418, House of Representatives
Quezon City
PHILIPPINES
Tel.: +63 2 931 5001 local 7377, 931 6067
Email: congppr@yahoo.com


Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrc.asia)

Document Type :
Urgent Appeal Case
Document ID :
AHRC-UAC-170-2009
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Extended Introduction: Urgent Appeals, theory and practice

A need for dialogue

Many people across Asia are frustrated by the widespread lack of respect for human rights in their countries.  Some may be unhappy about the limitations on the freedom of expression or restrictions on privacy, while some are affected by police brutality and military killings.  Many others are frustrated with the absence of rights on labour issues, the environment, gender and the like. 

Yet the expression of this frustration tends to stay firmly in the private sphere.  People complain among friends and family and within their social circles, but often on a low profile basis. This kind of public discourse is not usually an effective measure of the situation in a country because it is so hard to monitor. 

Though the media may cover the issues in a broad manner they rarely broadcast the private fears and anxieties of the average person.  And along with censorship – a common blight in Asia – there is also often a conscious attempt in the media to reflect a positive or at least sober mood at home, where expressions of domestic malcontent are discouraged as unfashionably unpatriotic. Talking about issues like torture is rarely encouraged in the public realm.

There may also be unwritten, possibly unconscious social taboos that stop the public reflection of private grievances.  Where authoritarian control is tight, sophisticated strategies are put into play by equally sophisticated media practices to keep complaints out of the public space, sometimes very subtly.  In other places an inner consensus is influenced by the privileged section of a society, which can control social expression of those less fortunate.  Moral and ethical qualms can also be an obstacle.

In this way, causes for complaint go unaddressed, un-discussed and unresolved and oppression in its many forms, self perpetuates.  For any action to arise out of private frustration, people need ways to get these issues into the public sphere.

Changing society

In the past bridging this gap was a formidable task; it relied on channels of public expression that required money and were therefore controlled by investors.  Printing presses were expensive, which blocked the gate to expression to anyone without money.  Except in times of revolution the media in Asia has tended to serve the well-off and sideline or misrepresent the poor.

Still, thanks to the IT revolution it is now possible to communicate with large audiences at little cost.  In this situation there is a real avenue for taking issues from private to public, regardless of the class or caste of the individual.

Practical action

The AHRC Urgent Appeals system was created to give a voice to those affected by human rights violations, and by doing so, to create a network of support and open avenues for action.  If X’s freedom of expression is denied, if Y is tortured by someone in power or if Z finds his or her labour rights abused, the incident can be swiftly and effectively broadcast and dealt with. The resulting solidarity can lead to action, resolution and change. And as more people understand their rights and follow suit, as the human rights consciousness grows, change happens faster. The Internet has become one of the human rights community’s most powerful tools.   

At the core of the Urgent Appeals Program is the recording of human rights violations at a grass roots level with objectivity, sympathy and competence. Our information is firstly gathered on the ground, close to the victim of the violation, and is then broadcast by a team of advocates, who can apply decades of experience in the field and a working knowledge of the international human rights arena. The flow of information – due to domestic restrictions – often goes from the source and out to the international community via our program, which then builds a pressure for action that steadily makes its way back to the source through his or her own government.   However these cases in bulk create a narrative – and this is most important aspect of our program. As noted by Sri Lankan human rights lawyer and director of the Asian Human Rights Commission, Basil Fernando:

"The urgent appeal introduces narrative as the driving force for social change. This idea was well expressed in the film Amistad, regarding the issue of slavery. The old man in the film, former president and lawyer, states that to resolve this historical problem it is very essential to know the narrative of the people. It was on this basis that a court case is conducted later. The AHRC establishes the narrative of human rights violations through the urgent appeals. If the narrative is right, the organisation will be doing all right."

Patterns start to emerge as violations are documented across the continent, allowing us to take a more authoritative, systemic response, and to pinpoint the systems within each country that are breaking down. This way we are able to discover and explain why and how violations take place, and how they can most effectively be addressed. On this path, larger audiences have opened up to us and become involved: international NGOs and think tanks, national human rights commissions and United Nations bodies.  The program and its coordinators have become a well-used tool for the international media and for human rights education programs. All this helps pave the way for radical reforms to improve, protect and to promote human rights in the region.