Position Paper on Compensation Bill
from the Commission on Human Rights

The Commission on Human Rights gives its full support to the bill seeking to recognize and compensate victims of human rights violations during the darkest era of our history – the Martial Rule under the Marcos Regime.

Since the Tenth Congress under Senate Bill No. 1164 authored by Senator Alberto Romulo and House Bill No. 2426 by Cong. Edcel Lagman, we have seen the efforts by Congress to compensate human rights victims during the Marcos regime. The said bill, however, was not enacted into law.

Nevertheless, its successors were more resilient and persistent in addressing the matter of compensation to victims of human rights violations. Hence, the Twelfth and the Thirteenth Congress, through several House and Senate bills gave the effort the much needed attention and deliberation, especially since the final and executory judgment in Marcos Human Rights Litigation Case in the United States District Court in the State of Hawaii in 1992.

Barely four (4) months after its organization, human rights legislators in both Houses of the Fourteenth Congress brought the Marcos Compensation Bills again into the mainstream of deliberation. The Commission earnestly hopes that the instant bill will finally be passed into law to give justice to these victims who continue to suffer.

Compensation never commensurates the loss, pain and suffering of human rights victims and their families, but is nevertheless an important measure by the State for the promotion and protection human rights.

Consistent with the provisions of the Universal Declaration on Human Rights as well as the International Convention on Civil and Political Rights, the 1987 Philippine Constitution affirms the primordial importance of human rights when it declared as its State Policy to “value the dignity of every human person and guarantee full respect for human rights.”

In form, the present versions of the bills has indeed come a long way. Significant and intricate deliberations of relevant stakeholders on the matter during the previous Congresses laid to rest numerous issues affecting compensation. Though it is observed that there are still basic differences in the specific provisions of the bills, most are already consistent and apposite to the address the matter of compensation.

On the part of the Commission, it was observed that the different versions provided different roles for the CHR in the Human Rights Compensation Board. One version of the bill made the CHR as member of the Board, two versions did not and yet another made the Chairperson of the CHR as the Chair of the Commission for the Compensation and Recognition of Martial Law Victims. We respectfully submit that the head of the body, board or commission granting the compensation should come from the government considering that it is the State who has the primary duty of upholding human rights including the giving of compensation, remuneration and indemnification to the victims.

The Commission, does not however, imply that it inhibits itself in the process of compensating human rights victims. In fact, the 1987 Constitution gives the Commission, as one of its mandate, “to compensate human rights victims and their families.” And this is currently being done through the grant of financial assistance by our Assistance and Visitorial Office. As an independent body, the Commission can serve as a member of the compensation board but not as its head. It is the State who should take on the task for the promotion and protection of human rights is ultimately their obligation.

As to the other provisions of the bill, the Commission commends the inclusion of both monetary and non-monetary compensation for the victims and their families. The documentation of the human rights violations and their inclusion in the Roll of Victims should serve as an inspiration to all Filipinos on the price of democracy and as a deterrent to those who lust for greed and power.

As to penalties, it is submitted that not only those who have filed false claims be made liable under the law but also those who facilitate falsifications and the filing fraudulent claims.

The Commission likewise gives its support by way of participation in the deliberations and committee hearings for the purpose. As a final note, the Commission reiterates that the ‘Marcos Compensation Bill’ is long overdue. Its passage will give meaning to the intent of the State to address the constitutional guarantee of full respect for human rights.

Done this 08 October 2007 at Quezon City.