Another year of martial law in Mindanao

CONGRESS approved last Wednesday the extension of martial law in Mindanao for another year until December 31, 2019. President Duterte first declared martial law on May 23, 2017, after clashes broke out between Islamist groups and the Armed Forces of the Philippines in Marawi City. The proclamation covered the whole of Mindanao, including the islands of Basilan, Sulu, and Tawi-Tawi, for a period of 60 days. Congress approved the proclamation a week later.

On July 23, 2017, Congress voted to grant President Duterte’s request that martial law be extended to the end of the year 2017. On December 13, 2017, a second extension to the end of 2018 was approved. With the year about to end, Congress last December 12, 2018, approved a third extension to the end of 2019.

When martial law was first proclaimed in May, 2017, there was general approval for the move. Although intense fighting involving foreign forces identified with the ISIS in the Middle East was only in Marawi City, there were security problems all over Mindanao, with various armed groups such as the Abu Sayyaf and Moro extremists. There was also the long-standing rebellion of the New People’s Army whose units were ranging over the hinterlands of the region. Martial law would help in the government’s fight against these groups.

Moreover, there was confidence that the 1987 Constitution’s provisions would avert any possible abuse by the government. Congress, in Article VII, Section 18 of the Constitution, can revoke a proclamation of martial law; it could also extend it for a period it may determine if the invasion or rebellion persists and public safety requires it.

This power of Congress was not in the 1935 Constitution under which then President Marcos proclaimed martial law in 1972. That martial law was welcomed in the beginning in view of the gaining strength of the NPA. But it degenerated into authoritarian rule by the president and abuses by some of the military, that led to the EDSA Revolution. That ended Marcos rule in 1986, 21 years after he was first elected to Malacañang in 1965.

Today, here are voices being raised against the repeated extension in Mindanao, with its suspension of the privilege of the writ of habeas corpus. Some of those airing their opposition may be doing so out of concern or fear that the abuses of that first martial law may be repeated.

As the government and the armed forces carry on with this third extension of martial law in the coming year in Mindanao, its leaders should never lose sight of the need for closer supervision and control of the forces of martial law, to ensure that they are not abused as in our first experience with the martial law of 1972.

We hope that the government and the armed forces will be able to make good use of the powers of martial law to solve the many problems of security and rebellion that plague many parts of Mindanao today.