Lessons on the Reparation of Philippine Martial Law Victims-Survivors

Under Proclamation 1081, Martial law was declared in the Philippines by the late President Ferdinand Marcos in September 1972, until February 1986. Historians and human rights monitoring entities view that the period had 3,257 extra-judicial killings, 35,000 documented tortures, 737 “disappearances” and 70,000 incarcerations.

After 25 years, in 1994, the US and Singapore Courts, awarded the Philippine Martial law victims the amount of $2 billion as indemnification. Nineteen years later, the 15th Congress under the late President Benigno Aquino III, enacted Republic Act 10368 otherwise known as the “The Human Rights Victims Reparation and Recognition Act of 2013". The said law established the Human Rights Violations Victims Compensation Board (or HRVCB) and authorized P10 billion (about US$245 million) in payments to the victims. The funds came from the ill-gotten wealth of the Marcos administration. Out of the funds, 11,128 were awarded and compensated.

So far there is no available scientific literature involving assessment on the nature, processes and the impact of the reparation undertaken. Employing evidence-based methodologies, in collaboration with Claimants 1081 and with victim-survivors and their families in select areas in Metro Manila, Central Cebu, Davao and CARAGA, primary data will be collected through focus group discussions, key informant interviews, surveys and analysis of existing data. Key objectives of the study include an evaluation of the gains, level of pursuing justice against specific perpetrators, the economic, psycho-emotional, social-spiritual wellbeing, the healing/restoration of the dignity of the survivors and families. Gaps in the implementation of RA 10368 will also be identified.

This study is timely as it will provide invaluable insights and offer recommendations in adopting effective remedies and reparation in the light of the extra-judicial killings during the anti-illegal drugs campaign of the Duterte Administration, and other grave human rights transgressions of individual and collective rights in the country.