Corollary to my previous blogs on warlordism and political dynasties in the Philippines in relation to the rule of law and the administration of justice therein, may I reproduce below the verbatim self-explanatory texts of the recent editorial of the Philippine Daily Inquirer (December 8, 2009) and a letter to the editor which appeared in the said newspaper written by a top official of the International Association of People’s Lawyers based in Belgium, for legal research purposes of the readers of this site.
Editorial
Roots of the massacre
Philippine Daily Inquirer
First Posted 00:34:00 12/08/2009
THE MAGUINDANAO MASSACRE, a crime so horrific, so unspeakable that it led people to ask whether it was committed by animals or monsters, has its roots in four phenomena of Philippine politics and society.
The first is the rise of political dynasties which exercise great power and influence and win many elective positions in national and local elections. Most political dynasties use legal and financial means to win power; some form private armies to terrorize voters into voting for them. The 1987 Constitution provides that “the State shall guarantee equal access to opportunities for public service and prohibit political dynasties as may be defined by law.” But up to now no such law has been approved. How can we expect Congress to pass such a law when it is controlled by powerful political dynasties?
The second is the existence of political warlords and their private armies, some of which, as the investigation of the Maguindanao massacre is revealing, are better armed than the army or the national police. Their private armies are the goons used by the political warlords to persuade voters to vote the way they want them to. That is why political warlords, who are often also leading members of political dynasties, are coddled by national officials, including presidents. They are very useful in elections.
President Gloria Macapagal-Arroyo coddled the Ampatuans because they delivered the vote to her in the 2004 presidential election and in the 2007 senatorial election. The Autonomous Region in Muslim Mindanao (ARMM) under the Ampatuans was given billions in budgetary outlay, and this became practically the private treasury of the clan. Its members obviously used public money to build grandiose mansions, to buy expensive cars and to arm a battalion-size private army. The members of the clan were coddled because they knew the President’s secrets.
The third phenomenon is the use of military armaments to arm private armies. The ongoing excavations in Maguindanao have turned up armored cars, high-powered guns and ammunition that were supposed to be used only by the military and the police. How did they get to be in the possession of the private army of the Ampatuan clan?
Were they sold by military or police officers to the private army? It is well that Sen. Rodolfo Biazon, a retired military general, has demanded an investigation so that it may be known how the Ampatuans were able to build up a high-powered armory.
The fourth phenomenon is the culture of impunity. This culture began during the martial law regime of Ferdinand Marcos and continued through the post-Edsa I administrations. But it is now most notable during the Arroyo administration. Since she took over as president in 2001, 1,013 activists have been killed and 202 have disappeared. Instead of putting a stop to the killings of unarmed activists, Ms Arroyo even emboldened the military to kill more by praising Maj. Gen. Jovito Palparan—called “Berdugo” (Butcher) by militants—during her State of the Nation Address in 2006.
From 2001 to date, 99 journalists have been killed and only five suspects have been arrested and brought to justice. Ms Arroyo has been spouting a lot of rhetoric about the killings of journalists, but there has been very little action from law enforcement agencies to solve the many cases and bring the killers to justice. The culture of impunity is emboldening the killers to continue their killing spree. The latest, and the most horrific case, of course, is the Maguindanao massacre where the biggest number of journalists were killed in just one incident.
Ms Arroyo tried to distance herself from the Maguindanao massacre, but try as she may, she cannot dissociate herself from this, perhaps the biggest blot on her questioned nine-year occupancy of Malacañang. She coddled the Ampatuans most probably because they knew her electoral sins and secrets. She gave them all the public funds that they needed and allowed them to build a strong, well-armed private army. And because the Ampatuans had her in their power, they thought they could literally get away with murder. But the Maguindanao massacre is so monstrous, so unspeakable that it cannot be hidden and cannot be forgotten by the nation and the world. The souls of the victims of this terrible crime cry out for justice, and if they cannot obtain it under the present administration, they should get it in the next.
See:
http://opinion.inquirer.net/inquireropinion/editorial/view/20091208-240747/Roots-of-the-massacre
Impunity led to brutal massacre
Philippine Daily Inquirer
First Posted 00:58:00 12/08/2009
The International Association of People’s Lawyers (IAPL) joins the international legal community, as well as countless individuals and organizations all over the world, in expressing outrage at the brutal and beastly killing of fellow people’s lawyers, media and other unarmed civilians in Maguindanao, Philippines.
Lawyers Concepcion “Connie” Brizuela and Cynthia Oquendo, who were active and leading members of the Union of Peoples’ Lawyers in Mindanao (UPLM) and the National Union of Peoples’ Lawyers of the Philippines (NUPL) until their death, were attacked in a carnage that led to the deaths of more than 50 people—a significant number of whom were journalists—monitoring a peaceful election-related activity.
Connie was among those met in November 2008 by European judges and lawyers who conducted an international mission on the continuing attacks on Filipino lawyers and judges.
The indubitable reports on the massacre overwhelmingly point to a local warlord clan and its private armed groups of police and paramilitary fanatics as being behind this hideous and unmitigated bloodbath that has shocked the whole world not only for its being unprecedented but also for its barbarity.
This latest brazen attack on our brave colleagues and their group of unarmed civilians was engendered by the culture of impunity that has pervaded the Philippine political atmosphere since President Gloria Macapagal-Arroyo came to power in 2001.
Extrajudicial killings, disappearances, torture, unjust arrests and detention, forcible evacuations and displacements and political persecution have been perpetuated by a policy that has targeted civilians and progressive people. These have victimized thousands and have neither been effectively resolved nor genuinely addressed to this moment. This revolting state of affairs is exacerbated or even encouraged by the warlordism sanctioned de facto by the Arroyo administration to advance its own political interests.
Lawyers Brizuela and Oquendo, together with their courageous and dynamic peoples’ lawyers in the Philippines, tirelessly worked and advocated for good governance and peace. They are a source of unending inspiration to us all even as we grieve and rage.
The plight of our colleagues continues to be monitored and addressed by the international legal community with grave concern.
We demand and will work for justice for our fallen colleagues.
—RAF JESPERS,
secretary general,
International Association of People’s Lawyers (IAPL),
Belgium
See:
http://opinion.inquirer.net/inquireropinion/letterstotheeditor/view/20091208-240757/Impunity-led-to-brutal-massacre