Truth and justice: Imperatives of genuine reconciliation

For many Filipinos, Feb. 25 is like any other day. But for those arbitrarily detained, tortured in detention and those who had loved ones killed, massacred or disappeared during the martial law years, Feb. 25, 1986, was a day of liberation from these horrors and systematic human rights violations perpetrated during the regime of late President Ferdinand E. Marcos Sr.   

Marcos Senior declared martial law as a necessary means to curb a “communist threat” and the sectarian rebellion of the Mindanao Independence Movement. For people who understood the situation, martial law was intended to extend the president’s term beyond the maximum two terms allowed by the 1935 constitution.

The fall of the dictatorship during the People Power Revolution was the fruit of long years of conscientization, organizing and mobilization of all social sectors. The dictatorship collapsed when the anti-Marcos struggle reached its peak after the assassination of former Senator Benigno Aquino.

Thirty-seven years ago, the People Power Revolution took place. Showing the power of the people against authoritarianism, people from all walks of life gathered at Epifanio de los Santos Avenue (EDSA).  For four days, nuns, priests and other Church people from other denominations took to the streets. Chanting, singing, and praying for the dictatorship’s fall, they braved the threats of tanks, guns, truncheons and teargas to attain the elusive freedom and much-avowed democracy. 

While Marcos had declared victory during snap elections, the EDSA revolution thwarted the fake victory and catapulted Corazon Aquino, widow of the assassinated senator to power.  

The euphoria of the dictator’s fall was followed by a proclamation, in which the new president pledged “to do justice to the numerous victims of human rights violations.” 

She further pledged “a government dedicated to uphold truth and justice, morality and decency in government, freedom and democracy.”

Moreover, an interim constitution was crafted — the Freedom Constitution — which abrogated many provisions of Marcos’ 1973 Constitution including the unicameral legislature, the Batasang Pambansa (unicameral National Assembly), the prime minister’s office and presidential legislative powers. 

A year later, the 1987 Constitution which emphasized a Bill of Rights and the establishment of the Commission on Human Rights (CHR), was crafted. The CHR is tasked with investigating rights violations, although its major limitation is its lack of fiscal autonomy and the absence of prosecutorial power. 

The new charter has these features:  a single six-year presidential term; two six-year terms for senators; representatives and local executives have a maximum of three terms of three years. Moreover, executive office appointments must have Commission on Appointments approval.

In recognition of possible conditions needing some rights derogation, the power to declare martial law still lies with the president.

Grounded on the 1987 Constitution, Aquino established her cabinet, reconstituted the Supreme Court that served the interests of the dictatorship and abolished the Batasang Pambansa. 

Other initiatives included the establishment of the Presidential Committee on Human Rights, the Office of the Ombudsman, the Philippine Commission on Good Governance, and the Comprehensive Agrarian Reform Program.

This constitution, however, is limited because it only brought back the pre-martial law system guided by the 1935 Constitution that provided for a presidential form of government, a bicameral legislature, and an independent Supreme Court.

It also failed to address the pressing structural problems of Philippine democracy. Not all provisions guaranteeing the non-recurrence of dictatorial rule were implemented, so human rights violations were not fully addressed and the military enjoyed political favors and remained a powerful bloc. 

Early on in her administration, Aquino released all political prisoners, restored the writ of habeas corpus, regained democratic space and significantly reduced the number of rights violations.

She invited the UN Working Group on Enforced or Involuntary Disappearances to visit in 1990, confirming enforced disappearance cases during the Marcos regime and her administration.

Human rights violations declined but were not sustained.  Aquino’s administration was marred by several coup attempts by the same military that rebelled against Marcos. 

A ray of hope flickered with peace talks between the government and the Communist Party of the Philippines, New People’s Army and National Democratic Front.

Peace, however, became elusive as the warring parties had conflicting frameworks for attaining it. 

The government insisted on the insurgents disarming, while the NDF insisted on the eradication of the insurgency’s roots such as poverty, landlessness, joblessness, and impunity.

The talks collapsed in the wake of the Jan 1987 Mendiola massacre where 13 farmers were killed in a peaceful protest near the presidential palace. 

Several international human rights treaties were ratified during Corazon Aquino’s administration, however, filing human rights violation cases committed by the martial law regime never occurred locally. 

A significant achievement, was the filing of a class suit by 9,539 victims of the Marcos dictatorship.  It was filed before the US Federal Court of Hawaii in 1986.

The court had jurisdiction over the case since Marcos fled to Hawaii and it. was filed in consonance with the International Covenant on Civil and Political Rights to which both the Philippines and the US are party. The Hawaii court tried the class suit from 1986 to 1992.  

On Sept. 24, 1992, the court found Marcos guilty of gross human rights violations and ruled that he pay damages to the victims amounting to US$ 1.2B — a major victory for the survivors.

The Corazon Aquino administration survived military adventurism expressed in several coup attempts yet failed to transform the military that committed human rights violations during Marcos’ dictatorship. 

Other administrations followed: Ramos, Estrada, Macapagal-Arroyo, Benigno Aquino III, Duterte and the present administration of President Ferdinand R. Marcos Jr —  son of the dictator. Yet human rights violations did and do continue.

The present Marcos Jr-Sara Duterte administration paints the martial law years as the golden age of “glory and prosperity.”   

Such historical distortion necessitates continuing documentation of past and present rights violations; memorialization; legal assistance and psychosocial accompaniment for victims; improvement of capacities for forensic investigation; awareness raising, and international solidarity work.  Doing so will bring us closer to the pillars of transitional justice — truth, justice, reparation and guarantees of non-recurrence.

The 37^th EDSA anniversary is the first commemorated under Marcos Jr.  Referring to the “time of our history that divided the Filipino people,” he stated: “I once again offer my hand of reconciliation to those with different political persuasions to come together as one in forging a better society — one that will pursue progress and peace and a better life for all Filipinos.”  

Can there be reconciliation without truth and justice?  Martial law victims and survivors are conducting events during these days to remember what happened during the darkest moment of Philippine history and to pay tribute to all those whose memory shall never be forgotten.  Never again.

*The views expressed in this article are those of the author and do not necessarily reflect the official editorial position of UCA News.