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FLAG, rights groups, media hit GMA’s state of emergency

Proclamation 1017 gives broad power to AFP, PNP

BAGUIO CITY (FEB. 24) — They were supposed to commemorate the 20th anniversary of People Power I, instead they were surprised by Gloria Macapagal-Arroyo’s issuance of Proclamation No. 1071, declaring a state of national emergency, where rights advocates believe has no constitutional basis and legitimizes the violation of the people’s rights.

Around 4:30 pm on February 24, human rights, militant and sectoral groups poured out to the streets in this city to condemn the proclamation and reiterate their demand for GMA’s resignation, claiming she has no mandate to rule the nation.

The said protest action started with a march-rally along the city’s main roads and ended in a short program at the Peoples Park. Speakers during the program explained the ill-effects of the proclamation and reiterated their call for GMA’s ouster, which they claim is the only solution to the on-going economic and political crisis.

Human rights advocates and the media also aired their protest against the said proclamation.

The Free Legal Assistance Group (FLAG), in a statement, condemned Proclamation 1071 as a “license given to the military and police to use against whosoever they perceive to be enemies; it silence all forms of criticism, including media reporting”. FLAG opposed martial law and rendered legal services to the victims of human rights violations during the regime of former President Ferdinand E. Marcos.

Atty. Pablito Sanidad, in a press conference, said that if the proclamation aims to quell opposition that will not happen, instead it would draw more opposition. He added that it has always worked that way as he compares it with the martial law experience.

“GMA arrogated unto herself the power to promulgate decrees, orders and regulations, not different, in effect, from Amendment No. 6, which Marcos used to legislate when their exists a grave emergency or a threat or imminence,” the FLAG statement read.

Constitutional?

GMA’s proclamation cited two constitutional provisions as its basis in declaring a state of national emergency. One of these is Art VII, Sec. 18, which stated, “The President shall be the Commander-In-Chief of all the Armed Forces of the Philippines and whenever it becomes necessary. May call out such armed forces to prevent or suppress lawless violence, invasion or rebellion”. The other is Art XII, Sec. 17 saying that “In times of national emergency, when the public interest so requires, the State may, during the emergency and under reasonable terms prescribed by it, temporarily take over or direct the operation of any privately owned public utility or business affected with public interests”.

FLAG claimed that under Section 18, Art VII, the only grounds to call out the Armed Forces are lawless violence, invasion or rebellion; while the only grounds to suspend the privilege of the writ of habeas corpus, or to declare martial law are invasion or rebellion.

“Not one of these grounds exists. A so called “conspiracy to bring down” Gloria Macapagal-Arroyo is not – in and itself – lawless violence, invasion or rebellion,” FLAG added in its statement.

FLAG further pointed out “there is neither factual nor legal basis for the declaration of a national emergency” as GMA claimed when she announced the proclamation that she was in control of the situation and the threats against her government had already been neutralized and quelled.

FLAG further stated that Sec. 17, Art XII may be exercised only during the emergency and under reasonable terms. It tagged the proclamation as arbitrary as it contains no clear directives or guidelines and no period for the duration of the emergency.

Strengthen rights center

Human rights groups in the region further condemned the proclamation as it will further human rights violations.

According to Atty. Randy Kinaud of the Cordillera Human Rights Advocates (CHRA) said that the proclamation serves as preview of what martial law is all about for those who were not there during martial law.

Lawyer Manja Bayang who works with the indigenous people law center DINTEG said the proclamation is very anti-human rights. She said the factual basis for the declaration is a product of imagination and there is no eminent danger.

Another lawyer Chyt Daytec-Yangot said that the proclamation is clearly a move to thwart the growing sentiment of the people against the present administration, despite how legal the people’s protests are.

With the proclamation’s possible effect on human rights, CHRA and DINTEG claimed it would strengthen their institutions to address possible rights’ violations.

Media curtailment

Joining the opposition against the proclamation are media practitioners in the city. They criticized the proclamation as it institutionalized curtailment of media reporting, even objective reporting of an event.

The Baguio-Benguet chapter of the National Union of Journalists of the Philippines (NUJP) pointed out that the proclamation blames some segment of media for they recklessly magnified the viewpoint of conspirators who repeatedly tried to bring down the president.

GMA and her Armed Forces of the Philippines (AFP) leaders allege that a “tactical alliance” exists between the opposition, “adventurist soldiers”, and the left to bring down the president.

NUJP claimed that the role of media is to report an event, regardless of how bad or good the event is as apart of the exercise of their (media practitioners) constitutional right on freedom of expression and of the press.

NUJP supports their mother organization’s call encouraging media practitioners “not to be cowed by threats, open or veiled, which seeks to scare us from boldly performing our jobs, as we must”.

Meanwhile, the militant Tongtongan ti Umili (TTU), the city chapter of the Cordillera Peoples’ Alliance (CPA), who led the rally, urged the people to join them in their opposition against the proclamation and for the ouster of GMA in different protests to be launched in the future. # Arthur L. Allad-iw with reports from Kimberlie Quitasol for NORDIS

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