By Michael E. Sanchez
Impunity Watch Reporter, Asia
SHARIFF AGUAK, Philippines- Civil rights groups in the Philippines have filed a legal challenge against the government’s imposing of martial law in the southern province of Maguindanao. Late Friday Gloria Arroyo, the Philippines’ president declared military rule, citing a breakdown of order in the province.
The Philippine armed forces and police say they are pursuing at least 3,000 men loyal to the Ampatuan clan. The government has accused the clan of killing 57 people last week and inciting rebellion.
There has been criticism from pro-democracy groups, saying that imposing military rule is an overreaction by the government, setting a dangerous precedent which goes against the constitution. This is the first time in 30 years that martial law has been imposed anywhere in the Philippines since late dictator Ferdinand Marcos declared it nationwide in the late 1970’s.
Harry Roque, a human rights lawyer said the legal challenge “questioned the constitutionality of the presidents declaration”. Roque said the constitution, which was drafted after the Marcos dictatorship, allows for a declaration of martial law only “when there is a foreign invasion or when there is an actual taking up of arms for the purpose of overthrowing the Philippine government”. However the situation in Maguindanao, according to Roque, was one of lawlessness, and did not fit into the constitutional requirements for imposing martial law. He said “The task at hand now is to effectively investigate and prosecute those behind this dastardly act, rather than declare martial law”.
President Arroyo’s critics have also criticized the declaration of rebellion because it politicizes the crimes and allows suspects to be granted bail and presidential amnesty. The security forces however, say that martial law has allowed them the freedom to move against the Ampatuan clan. Officials have claimed that a series of raids have uncovered a vast cache of weapons and ammunition stored by Ampatuan supporters. Commanders have also stated that the Ampatuan followers, numbering up to 4,000, are believed to be heavily armed and capable of carrying out bombing, arson attacks and abductions.
But many Filipinos are wary about the methods being used to do what should have been done long ago, according to Rachel Harvey, BBC’s South East Asia correspondent.
Some critics of the President say she may move to place the entire country under martial law in a bid to hold on to power after her term ends next year.
For information, please see:
BBC News- Philippine Forces Target 3,000 Clan Rebels – 7 December 2009
Aljazeera.net- Philippines Martial Law Challenged– 7 December 2009
Associated Press- Philippine Massacre Suspects Face Rebellion Raps-7 December 2009
