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Paper tiger martial lawPaper tiger martial law

Macabangkit B. Lanto · Nov 24, 2019, 12:22 AM

“Contrary to the claim of human rights watchdogs, there are no documented abuses of soldiers implementing the law. Civil government, courts and other administrative infrastructure continue to operate normally.

Yearend is just around the corner. It is supposed to be a time to celebrate the birth of Jesus Christ (Nabiyullah Isah to Muslims) and to look forward to merriment as Christmas sets in. Unfortunately, the celebratory mode of the season is marred by talks about extending martial law in Mindanao, which is to expire on 31 December. Media reported opinions and comments of persons of note.

Defense Secretary Delfin Lorenzana, who is not known to shy away from speaking his mind on public issues even if it doesn’t hew with the position of Malacañang, has advanced an intriguing statement about it. He said he is not inclined to recommend another extension of martial law but will wait for the recommendation of the Armed Forces of the Philippines. But here’s the catch — he wanted a trade off with the passage of the expanded Human Security Act, which provides, inter alia, for the extension from three to 30 days the detention period of suspected terrorists. Alarmed human rights watchers warned that it is worse than martial law. The national security adviser, retired Gen. Hermogenes Esperon Jr., took the same position. And the police reported a “marked stability in the south.” These statements gave us a hint of the possible decision of the President. In fact, a few days ago, breaking the Palace’s sphinxlike silence, the President said he will wait for the recommendation of the military and police.

Others threw in their two cents’ worth like a selective martial law, meaning, only in areas where the need exists. The local executives of the two Lanao provinces and Marawi City recommended the extension in their respective areas, which is understandable. These areas are still facing real and imminent threat from remnants of the Maute group and other Islamic State-affiliated local terrorists.

On hindsight, it is unfair for other provinces in Mindanao given that their peace and order situations are not much of a problem. Martial rule is a surefire turn off for investors and tourists.

I have discussed this issue in past columns. I juxtaposed the martial rule of Marcos with today’s situation. And my position then was that, stripped of abuses and excesses in its implementation, martial rule should remain in Mindanao. The bugaboo of abuse however proved unfounded.

Presently, Mindanao enjoys an air of normalcy in terms of people doing their daily chores without the sword of Damocles hanging over their head of being abused by authority. Contrary to the claim of human rights watchdogs, there are no documented abuses of soldiers implementing the law. Civil government, courts and other administrative infrastructure continue to operate normally without meddling from military authorities. During the Marcos martial law, the privilege of the writ of habeas corpus was suspended and anybody could be arrested just on the strength of an Arrest, Search and Seize Order from then Defense secretary Juan Ponce Enrile sans a warrant from the court. Likewise, our democratic space and dissent were in a way limited.

Every time I go home to Marawi, I always forget that Mindanao is under a regime of martial rule. Gradually, the image of the military is changing from ogre to dovish. The number of checkpoints has been reduced to a minimum and the few remaining are manned by civil soldiers. In the two years that martial law was imposed, we didn’t see or read reports of it being weaponized to curtail democratic privileges.

In fairness to the present administration and the administrator of martial law, Secretary Lorenzana, the current martial law is a far cry from what we went through under Marcos. Then, there was a heavy air of fear and uncertainty that permeated the country. The men in uniform evinced an air of superiority over civilians.

But what the heck! Martial law did not make much of a difference in our lives in Mindanao. The issue of extension no longer excites us. It is the same social and political problems confronting us. Marawi war victims hoped martial law might hasten the rebuilding of the city but instead delayed it inordinately. Interestingly, it may have even aggravated the peace and order situation. Suicide bombings were reported in Basilan and Jolo, Sulu, which were unheard of before. The threat of violent extremism remains unabated. The effect sought by the imposition of martial regime — to instill fear and deter criminalities — did not happen.

It is a paper tiger martial law after all.