Damage claims

TofferingHE Merriam-Webster Dictionary defines reparations as “the act of making amends, expiation, or giving satisfaction for a wrong or injury.” In transitional justice, reparations are measures taken by the State to redress gross and systematic violations of human rights law or humanitarian law through the administration of some form of compensation or restitution to the victims.

Of all the mechanisms of transitional justice, reparations are unique because they directly address the situation of the victims. Finally, after 31 years thousands of victims of the Marcos martial law period are going to get their reparations, as provided by law (Republic Act 10368, as amended by Republic Act 10766). I sent my human rights colleague Doctor Aurora Parong a private message on how Negrenses will get their claims. I used to work with Au when she was the Section Director of Amnesty International Philippines and I was a Board member. Now she’s a member of the Human Rights Victims Claims Board. Au responded, “When did you receive your resolution? You do not have to go to Manila. If you are not happy with the decision. You have a right to appeal within 10 days. If not you do not have to do anything. Cash cards will be distributed by Land Bank outside Metro Manila.” I won’t appeal the resolution. As I said, “The fact that the State has acknowledged and acted on the human rights violations of the unlamented Marcos is enough for me.” The decision of the Human Rights Victims’ Claims Board to release initial payments to 4,000 eligible claimants by the second quarter of 2017 was presented to President Rodrigo Roa Duterte as a response to the need to facilitate the reparation process in a meeting held on January 19, 2017. Despite his open support for the Marcos family, the President and key cabinet officials agreed to make immediate the partial distribution of monetary reparations. Republic Act (RA) 10368, as amended by RA 10766, requires that distribution of monetary reparation can only be made after a decision on each claim is reached with finality. This means that before monetary reparations can be distributed, the list of 4,000 preliminary eligible claimants must be published, appeals or oppositions resolved, and the corresponding partial final list duly published.

The resolution of appeals and opposition will be decided by the Board en banc. The processes for the release of monetary reparation for the first 4,000 approved claims will be done simultaneously with the evaluation and deliberation of the remaining 45,703 applications for reparation and/or recognition. Thank you on this, Mister President Duterte. You are doing right on this human rights issue. ByBenedicto Q. Sanchez