Human Rights Online Philippines

Notice to victims of human rights violations under the Marcos regime

“AN ACT PROVIDING FOR REPARATION AND RECOGNITION OF VICTIMS OF HUMAN RIGHTS VIOLATIONS DURING THE MARCOS REGIME, DOCUMENTATION OF SAID VIOLATIONS, APPROPRIATING FUNDS THEREFOR AND FOR OTHER PURPOSES” was already ratified by both houses of Congress and is set to be enacted into law upon signing of President Aquino expected on Feb. 25, 2013 during the EDSA People Power Commemoration

The Act will provide for :

• Monetary reparation by point system based on gravity of HRV suffered
• Non-monetary reparation in terms of services/programs  by appropriate government agencies
• Recognition in Roll of HRV Victims to be memorialized through the establishment of a Memorial/Museum/Library

The law will only be implemented within 2 years after its signing.  Filing of claims/waiver is only within 6 months upon completion of the Implementing Rules and Regulations (IRR)  which should be completed 15 days after the appointment of the Human Rights Victims’ Claims Board by the President.

Who can claim?
Sec. 3 (b) Those who have experience Human Rights Violation refers to any act or omission committed during the period from September 21, 1972 to February 25, 1986 by persons acting in an official capacity and/or agents of the State, but shall not be limited to the following:
NOTE: Sec 3 (c) Provided also that human rights violations experienced one (1) month before September 21, 1972 and one (1) month after February 25, 1986 shall be entitled to reparation under this Act if the victims  can establish that the violation was committed:

(1)   Any search, arrest and/or detention without a valid search warrant or warrant of arrest issued by a civilian court of law, including any warrantless arrest or detention carried out pursuant to the declaration of Martial Law by former President Ferdinand E. Marcos as well as any arrest, detention or deprivation of liberty carried out during the covered period on the basis of an “Arrest, Search and Seizure Order (ASSO)”, a “Presidential Commitment Order (PCO)” or a “Preventive Detention Action (PDA)” and such other similar executive issuances as defined by decrees of former President Ferdinand E. Marcos, or in any manner that the arrest, detention or deprivation of liberty was effected;

(2)   The infliction by a person acting in an official capacity  and/or an agent of the State of physical injury, torture, killing, or violation of other human rights, of any person exercising civil or political rights, including but not limited to the freedom of speech, assembly or organization; and/or the right to petition the government for redress of grievances, even if such violation took place during or in the course of what the authorities at the time deemed an illegal assembly or demonstration: Provided, That torture in any form or under any circumstance shall be considered a human rights violation;

(3)  Any enforced or involuntary disappearance caused upon a person who was arrested, detained or abducted against one’s will or otherwise deprived of one’s liberty,        as defined in Republic Act No. 10350, otherwise known as the “Anti-Enforced or Involuntary Disappearance Act of 2012”;

(4)   Any force or intimidation causing the involuntary exile of a person from the Philippines;

(5)  Any act of force, intimidation or deceit causing unjust or illegal takeover of a business, confiscation of property, detention of owner/s and or their families, deprivation of livelihood of a person by agents of the State, including those caused by Ferdinand Marcos, his spouse Imelda Marcos, their immediate relatives by consanguinity or affinity, as well as those persons considered as among their close relatives, associates, cronies and subordinates under Executive Order No. 1, issued on February 28, 1986 by President Corazon Aquino in the exercise of her legislative powers under the Freedom Constitution;

(6)   Any act or series of acts causing, committing and/or conducting the following:
(i)     Kidnapping or otherwise exploiting children of persons suspected of committing acts against the Marcos regime;
(ii)   Committing sexual offenses against human rights victims who are detained and/or in the course of conducting military and/or police operations; and
(iii)   Other violations and/or abuses similar or analogous to the above, including those recognized by international law.

CALL:

In line with this … we are urging all our networks, friends to disseminate the information to victims of human rights violations in preparation for the recognition, compensation and reparation that they can receive by virtue of the law. Please  note that  those who are already included in the class suit (Hawaii case against Marcos Estate) are already be recognized under this Act (Sec. 17 Conclusive Presumption) thus, we would like to  reach those victims who were not included in the class suit which are actually more numerous.

We are also requesting NGOs to assist the victims in preparing their documents such as detailed sworn statement  on the incident or violation/s suffered and other relevant documents that will support their claim.

INITIAL ACTIONS:

The Task Force Detainees of the Philippines (TFDP), Families of Victims of Involuntary Disappearances (FIND) and Claimants 1081 will be consolidating all the list of victims which they already have and will add those who will be submitted later. PAHRA will coordinate our actions on this.

We will keep you posted on developments on the Act especially in the formulation of the IRR and the steps /processes/requirements for the beneficiaries.

Please refer to attached document for your reference , this is not yet the signed law but the output document of the final deliberation of the  Bi-Cameral Conference Committee.

THANK YOU VERY MUCH and hoping for your cooperation .

ML@40 ….. FINALLY … 26 years after the   Marcos Regime !

NEVER AGAIN TO MARTIAL LAW !!!

Philippine Alliance of Human Rights Advocates (PAHRA)
53-B Maliksi St. Bgy. Pinyahan
Quezon City, Philippines (1100)
Tel/fax (632) 436-26-33
Mobile : 0906-553-1792
E-mail:        pahra@philippinehumanrights.org
pahracampaigns@gmail.com
Fb account:   philippinehumanrights
Website:         http://www.philippinehumanrights.org
Twitter :         @PAHRAhr

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