Mariel Josine David

12-21741
CEU School of Law and Jurisprudence
Human Rights Law
Atty. June Dela Cruz

The Storm of the 1970s

Dekada 70 is, perhaps, one of the best books I read in college and one of the
best movies Ive seen. It chronicles the life of a Filipino family during the tumultuous
period of the First Quarter Storm and Martial Law. Theres Amanda, the typical
housewife with a brood of five sons with her very traditional husband. The movie,
based on a book by Lualhati Bautista, shows the various challenges faced by a Filipino
family then. It describes the internal struggles faced by a typical Filipino during that
period in our history.

Gender Inequality

Perhaps not the most evident form of human rights violation in the movie is
gender inequality. The movie depicts Amanda as a traditional martyr wife stuck in a
very patriarchal society. Her views, concerns, and emotions are not given much
credence in the movie. She is considered as a mere support system to the family
instead of an actual individual with dreams and problems. As shown in the movie,
her husband did not understand the reason why she wanted to get a jobnot
because she needed the salary, but because she is yearning for fulfillment and
personal growth. Fortunately, the government and the society have evolved and now
recognize that it is imperative to empower women. The United Nations push for
women empowerment in society, economics, and politics. However, many women
still suffer physical, emotional, and economic abuse. Through recent legislations,
though, women are not given a better position in society. Women are now given
more rights in the workplace and in the family.

Suspension of the Writ of Habeas Corpus

Habeas Corpus literally means Show me the body. The Writ of Habeas Corpus
necessitates that a person under custody be brought to court for the conducting of
proper trial and judgment. When this was suspended during the 1970s, it basically
allowed people to be detained without insurance that he will have his day in court,
thereby depriving him of the due process of the law. In response to the suspension of
the writ during the Marcos era, the procedure concerning the suspension of the writ
was included in the 1987 Constitution.

Suppression of Freedom of Speech and Freedom of Association

The constitution guarantees the right to free speech and peaceful assembly.
However, during the Marcos era, there was media censorship and violent dispersal of
rallies. Media outlets were either closed or controlled by the government. People
who went to rallies were either physically hurt during the dispersal or captured and
detained by the police. Because of the EDSA revolution, the Filipino people became
even more adamant to protect the right to free speech and peaceful assembly.
Maximum tolerance was practiced after martial law. However, during the Arroyo
administration, the government implemented the policy of Calibrated Pre-emptive
Response which was subsequently questioned and ultimately junked by the Supreme
Court, calling it a darkness that shrouds freedom.

Extra Judicial Killings & Summary Execution aka Salvage

In the movie, Jason, one of Amandas sons, was wrongfully detained and
subsequently released only to be killed and dumped like trash in the park. Jason
represents at least 3,000 Filipinos who were salvaged during Martial Law. Salvage
is a colloquial term for summary execution, for the government believed that it is the
way to rescue the country. It is disheartening to note that until now, summary
executions also known as extra judicial killings still take place. A couple of years ago,
an independent commission was created to address extrajudicial killings of media
personnel and activists. The Melo report attributed said killings to Retired Gen. Jovito
Palparan aka The Butcher. In 2009, 58 people were killed in Maguindanao, around
34 of whom are journalists. The Maguindanao massacre is referred to as The
deadliest attack on the press. The Philippines is still one of the most dangerous
countries for journalists.

Torture

The Bill of Rights provides that no torture, force, violence, threat, intimidation
can be used against the prisoner to extract confessions or information. The movie
showed the various torture methods used by the military against the leftists. These
torture methods include water torture, battery, and electrocution.
Desaparecidos

Charlie Del Rosario was briefly mentioned in the movie by Julian. Charlie del
Rosario is believed to be the first desaparecido in the Philippines. He was last seen
well before the suspension of the writ of habeas corpus. The term Desaparecido
refers to victims of forced disappearances through abduction. Their families suffer a
fate worse than having to mourn a family memberfor these desaparecidos are
mssing, leaving their families without a corpse to see and touch if even for the last
time.

Conclusion: End Impunity. NOW.

Impunity refers to the freedom from punishment for a certain crime. From the
Marcos Era until the present, human rights violations are still very rampant in the
country. Saddening as it may be, there has been little to no improvement at all in the
country from the human rights protection point of view. While there are legislative
improvements concerning the upliftment and empowerment of some marginalized
sectors in the society, the promotion and enforcement of constitutional rights were
left behind in the Stone Age. The country is still one of the most dangerous countries
for journalists. Student activists still go missing despite the absence of martial law.
The culture of impunity has to end. We Filipinos should take a more active role in the
promotion, upliftment, and protection of our rights.