Human Rights Situation in the Philippines (Post-Martial Law)

Despite the lifting of martial law in 1981, its legacy, particularly the extensive militarization of society, persists in the Philippines. The armed forces (regular and paramilitary) number over 400,000 and remain powerful institutions. Many martial law legislations are still in effect, and the military continues to commit gross violations of human rights, including extrajudicial killings and torture. These abuses, often targeting suspected insurgents and dissenters, extend to facilitating commercial interests in rural areas. The assassination of opposition leader Benigno S. Aquino, Jr. in 1983 galvanized opposition to the Marcos regime and highlighted a pattern of political killings attributed to government security forces.

The government frequently attributes political killings and disappearances to 'encounters' or escape attempts, despite evidence of torture and eyewitness accounts linking the armed forces to massacres. The New People's Army (NPA), seen as the military wing of the Communist party, is active in rural areas, leading to escalating violence. Government forces often detain and abuse not only suspected NPA members but also known government opponents. While statistics are difficult to document, organizations like the Task Force Detainees of the Philippines report significant numbers of political arrests, detentions, and killings, particularly in Mindanao. Practices like 'hamletting' (forced relocation of villagers) continue despite official prohibitions. These abuses are most prevalent in impoverished areas with high insurgent activity.

The Philippines is experiencing a severe economic crisis. While the gross national product has increased since World War II, the benefits have largely accrued to a ruling elite and a growing middle class, with the rural poor experiencing worsening conditions. A significant majority of the population lives below the poverty line, with deplorable housing and health. Intensified agro-industrial development by transnational corporations has exacerbated rural unemployment. These widespread social and economic grievances contribute to the support for rebel forces and fuel the cycle of violence.

The formal lifting of martial law in 1981 did not signify a return to democratic rule. The 1973 Constitution, adopted under controversial circumstances, remains in force, and President Marcos retains extensive legislative powers through Amendment No. 6. This amendment allows him to issue decrees and orders without interference, effectively maintaining a state of one-man rule with strong military backing. Over 900 such decrees have been issued, including those permitting indefinite detention without bail or trial for alleged subversives. These decrees also criminalize non-violent opposition, imposing severe penalties. The judiciary's independence has been compromised, with widespread allegations of corruption and political influence, though some recent cases suggest a slight increase in independence.

Freedom of the press is prejudiced through harassment of journalists with arrests and libel suits. Labor activities are severely controlled, limiting the right to organize and strike, and militant labor leaders are often arrested. The 1984 National Assembly elections were widely questioned due to repressive decrees and the perceived powerlessness of the Assembly, as essential legislative power remained with President Marcos. Despite substantial opposition evidenced in the election results, the political structure ensures that real power remains with Marcos. The extensive powers used by President Marcos are seen as being employed to perpetuate his personal power and control over Philippine society, with concerns that any further repressive measures would be a response to growing public demonstrations rather than genuine insurgency.