Jose Diokno: Human Rights Advocate
Jose Diokno: Human Rights Advocate
•  ETYMOLOGY OF THE WORD “JUSTICE” or                                                                                                       •    Policemen must act in such a way that uphold the
                                                                                  o    Thus, suggesting that not every justification
“KATARUNGAN”                                                                                                                                values of competence, industry and respect for the rights of
                                                                                       is just
                                                                                                                                            suspects
     o              “tarong”- Visayan word for upright,
                                                                      •    DIOKNO’S CONCEPT OF SOCIETY
     straight, a term native to us                                                                                                     3. Laws, policies and institutions that pursue social values
                                                                                 o      Society which is not only independent but      which constitute the Filipino vision of a just society
                            suggests that “justice” is
                                                                                 its people, sovereign
          rectitude; a morally rightful act; embraces the                                                                                        o             Every law, policy and institution must
          concept of equity                                                                                                                      respect the rights of man and the collective rights of the
                                                                                 o     Society which respects the freedom and the
                                                                                 equal dignity of all                                            people
           o    “dapat”- from which “Karapatan” is
                derived; also suggests something fitting,                                                                                        o           Every law, policy and institution must be
                appropriate                                                      o    Society which protects workers and tenants,
                                                                                 opposes oppression, exploitation, and abuse and                 scrutinized if it impairs or violates any of man’s or
                                                                                 seeks to eliminate poverty                                      people’s rights
           o    Thus, justice and right are intimately related
                                                                                 o       Society that is united in brotherhood and               o             Every law, policy and institution must
           o    “batas”- law- meaning order, decree or                                                                                           strive to eradicate poverty, achieve development
                                                                                 self-reliance
                command                                                                                                                          through the our resources’ capacities, enjoy a higher
                                                                                                                                                 standard of living and to promote equality
                                                                 3 Parts of the Filipino Concept of Social Justice:
           o     Hence, law is disparate from justice and
                right recognizing that not every law is just                                                                           2 Principles that Embody the last part of the Filipino Concept
                                                                      1.   System of law
                                                                                                                                       of Social Justice
           o     In the English language, justice and right
                                                                 To make a system of law work:
                are borrowed terms; ius- right (Latin) and                                                                                       o            Principle of reparation that looks back to
                log- right (Norse)                                                                                                               the injustices inflicted by society
                                                                           o         The authority of the law-maker must be
                                                                           recognized as legitimate authority
           o     Right- derecho (Spanish), diritto (Italian),                                                                                    o            Principle of change that looks forward to
                droit (French), recht (German); means both                                                                                       the effect of the internal and external revolution of
                                                                           o          Laws must be made known to the people
                right and law as well                                                                                                            which Mabini espoused and in order to attain the
                                                                           affected by them
                                                                                                                                                 aspiration that Jacinto articulated:
           o     The concept of law being inseparable from
                                                                           o           Laws must not be changed so quickly and so
                right is absent from our language                                                                                                           “That a Filipinos worth should not
                                                                           often that people cannot reasonably base plans on the                            depend on what he has, but who he is”
           o    “Kapangyarihan”- power and authority for
                                                                           o          Laws must be understandable not
                Filipinos
                                                                           contradictory and must not prescribe acts beyond the             •    Analysis of the Filipino concept of social justice
                                                                           capacity of the people
           o     Power ought not to be divorced from                                                                                        o    Neither of the principles seek to abolish inequalities
                authority; concept absent from the                    2. Enforcement and observance of the law
                continental languages                                                                                                       o     Neither of the principles seek to do away with the
                                                                 The judiciary must eliminate its flaws in decision-making which                 government or law
           o     “Katarungan”- justice and fairness; justice     includes:
                and equity                                                                                                                  o    It is through honest government enforcing the just laws
                                                                           o           Aleatory decisions- product of a toss coin                would be translated into actual justice
           o      Thus, suggesting that FAIRNESS is a                      or throw of a dice
                fundamental element in our concept of                                                                                       o     Conflicts may arise in the application of the principles,
                justice                                                    o         Pusillanimous decisions- product of fear and                it would simply call for exercise of wisdom and
                                                                           apprehension displeasing authority                                    statesmanship
SPEECHES ON HUMAN RIGHTS:                                                •          Also pointed out the dichotomy between the               o    ART188 penal code or ART147 revised penal code
                                                                         Christian Majority vis IPs throughout the Philippines.                   deems PKP(1930) as illegal
                Martial Law in the Philippines                           (Multicultural Diversity vis Division)                              o    “PKP goals: “incite class struggle to overthrow the
       (presented during the 6th anniversary of martial law)                                                                                      present government by peaceful means or armed
                                                                         •           Diokono also presented the brave non violent                 revolution
                                                                         resistance of the IP women of Bontoc in protecting their land
   •      “Martial is self perpetrating…”                                                                                                    •     1938 emergence of Socialist Party (from old PKP and
   o      Martial law fortifies only exploitation and further                                                                                socialists)
          colonialism                                                   •
                                                                    Non-Violent Freedom Fighter                                              •    1945 CP offers assistance for WWII
   •    Main focus of the TALK: HRV towards Political                                                                                        •    Aftermath - HUKBALAHAP is charged with rebellion
   Prisoners                                                        He believed that authoritarian regimes like the Marcos
                                                                    administration at times succeed not only because of its power over
                                                                                                                                             •    1957 RA 1700 Anti-sedition Law
   •      Main Points                                               mass media but also because of ignorance on the part of the
                                                                                                                                             •    1968 PD 1835 legalizes PKP but deems CPP as illegal
          o    suspension of rights                                 people.
          o    “wretched” conditions of detention
                                                                                                                                             •     Implications: a fear of the government and the present
          o    separation from families                             Kilusan sa Kapangyarihan at Kasarinlan ng Bayan or KAAKBAY
                                                                                                                                             ruling class against the CP
          o    Torture                                              (1983) – a social movement which espouses positions on critical
                                                                    issues of the day and suggested steps for citizens to undertake in
                                                                    their bid to regain their freedoms. It is a positive movement that       •     Diokno calls for true democratic representation even for
   •          Diokno questioned the role of the Catholic Church                                                                              the communist collective
   as the moral safety net                                          did not merely oppose government policies but also proposed
         o    “critical collaboration” ???                          alternative policies and actions.
                                                                                                                                             •    Criminal case Vs. Subversion
   •     Diokno pointed out that this is systematic repression                                                                               o    a communist is stratified vis non-communists in the law
                                                                    Nationalist
   was to instill fear, gather information and repress subversive
   activities                                                                                                                                •     HRV for communists who stand trial
                                                                    “Philippine nationalism is more than patriotism, it is also the belief
                                                                    that because the Philippines is our country, it is we who must have      o    the dead or alive capture order grabs a person of his
   •     He also pointed out the cry for recognition of the                                                                                       dignity as he is treated as game bounty
                                                                    the power to direct its affairs, internal and external, for it is we
   regime’s HRV in the international community ( Amnesty                                                                                     o    deaths both in the ranks of the Phil Army and the NPA
                                                                    who bear the responsibility for its future.”
   Interenational was a guest in the talk)                                                                                                        as a result of skirmishes
                                                                    Anti-Bases Coalition or ABC – its aim is to free the country from        o    indiscriminate branding of innocent civilians as
   •    He applauded the Task Force Detainees, a volunteer                                                                                        communists
                                                                    foreign military presence. Diokno argues that the continued
   group consisting of old detainees and families of detainees.
                                                                    presence of these bases justifies foreign interventions in Philippine
                                                                    affairs.                                                                            Rule of Law and State Violence
   •    TFD, is not only a support group but also an advocacy
   against the regime’s political prisoners                                                                                                  •    law can be twisted by those who wield power.
                                                                    Peacemaker
                                                                                                                                             •    “Inter leges silenta arma”- among laws arms are silent
   •    TFD, also helps victims by providing support in the
                                                                    During the Aquino Administration, Diokno took the challenge of
   form of goods for the detainees and free legal aid
                                                                    becoming a peacemaker. He was designated to head the first               •    advocacy against US bases and military violence
                                                                    Government Negotiating Panel that would deal with the National
                                                                    Democratice Front.                                                       •    A call for respect and tolerance for other beliefs and
          Our Cultural Minorities And Development
                                                                                                                                             ideologies –UNITY
                       (April 17 1973)
                                                                    Solutions:
                                                                                                                                                               A New Legal Order
   •          A call to protect the rights of the IPs of the
                                                                         1.      Legalization of the Communist Party of the Philippines                           (May 1986)
   Philippines
                                                                         2.      Proposed a formula for peace which emphasized basic         •    Philippines’ underdevelopment and worsening
   •           Human Rights Violations towards IPS:
                                                                                 needs as a key to lasting peace                             economy after the Marcos Regime.
          o    Taking over ancestral domain (a violation of
                                                                                                                                             •    Lack of industry for the Philippines
          PD410) in the guise of infrastructure and other
                                                                                   Legalization of the Communist Party                       •    What must be done?:
          industrial projects. (Chico River Basin development –
                                                                                     (Dec 26, 1984, Convenors Group)                         o    prevent another martial law regime
          Kalinga-Apayao, Sugar Plantation – Bukidnon and
          Bontoc) which displaces atleast 5000 families                                                                                      o    provide for social welfare
          o    Resulting violence towards IPs                            •   Questions the legality and illegality of banning the            o    give justice for the HRV victims of martial law
                                                                         communist party.                                                    o    Institute a new legal order ( law that represents the
                                                                                                                                                  interests of the rich and poor alike )
                                                                         •       History:                                                    o    Government communication with the mass
                                                                                                                                             o    Progressive taxation
     o    Increase productivity through infrastructure                          He has also stated that Marcos's regime is identifiable          This was a lecture delivered to the Junior Executive
          development, urban planning and education                              by his repressive government and economic policies                Club of the University of the Philippines, Diliman,
                                                                                 that reduce the purchasing powers of workers.                     Quezon City, September 2, 1980.
          Diokno's Speeches on Filipino Nationalism                                                                                               Here he states that there are four cruel paradoxes of the
                                                                                                                                                   Filipino condition: we're independent but not sovereign,
A Nation for Our Children                                              Philippine Nationalism                                                      state but not nation, democratic yet authoritarian, and
                                                                                                                                                   rich land with poor people.
         This speech was delivered at St. Francis Theater,                     The speech was delivered in front of the New York
          Mandaluyong, Metro Manila, October 12, 1984 during                     Assembly, First Dinner Session, Westchester Country              Our colonial experience did not completely improve
          a KAAKBAY-sponsored forum.                                             Club, New York, March 4, 1968. It is a briliant                   our economy, did not make it self-reliant, and our
                                                                                 exposition on the workings of US imperialism. No one              experience with america only made us dependent on
         The speech is about “one dream all Filipinos share: that               applauded when he finished. This was his outlet to                foreign trade for economic growth.
          our children live a better life than we have had”. He                  dispel distortions on what Filipino Nationalism is.
          said that it is a “distinctly Filipino vision to make this                                                                              Colonial experience fragmented our economy and
          country a country for our children.”                                  He says that Filipino Nationalism is not anti-American            disarticulated our different sectors where there is no
                                                                                 or communist or led by communists.                                economic integration.
         He envisioned us to be NOBLE (homage is paid to
          everyone not just the elite), PROUD (no poverty,                      He says that Filipino Nationalism is simply pro-Filipino         The products in our primary sector do not enter our
          women not prostituted, no child beggars, FREE                          and is inspired by a common consciousness that                    industrial sector for our use and processing but instead
          (everyone can live happily without fear) JUST (equal                   Filipinos are a one people, one blood, one tradition and          sent to other countries. We do not have a heavy
          treatment for all, better standards of living, no crime),              one dream. Its is not inspired by Marxism as American             machinery sector that produces capital goods. Our
          INDEPENDENT (no foreign control), HONORABLE                            officials would like to imply.                                    technology for secondary industry (our factories, and
          (power is used for good of all not just elites).                                                                                         mills) use foreign technology. the tertiary sector or the
                                                                                He states that the Philippines could not be anti-                 services sector are exported abroad or are used to cater
         He points out that during his time the economy is in                   American since parity rights in the economy that favors           to foreign needs locally.
          shambles and that the Marcos government has lost all                   Americans and politicians that favor Americans as well
          credibility.                                                           show not only Philippine's acceptance of the US but              Therefore the goal is to create a self-integrated, self
                                                                                 also how in favor of the US it is in general.                     directed economy that consciously organizes, uses and
         He also said that since we have natural resources, a                                                                                     develops Filipino resources, and Filipino creative talent
          literate population, an archipelago that has a total of               He states that Philippine Nationalism is more than                to meet the needs of all Filipinos and improve their
          300,000 square kilometers with minerals and arable                     patriotism but also the capacity to direct its affairs both       quality of life.
          land, an ingenious and competitive people, we should                   internal and external for we bare the responsibility for
          have no insurmountable barrier to develop in to the                    our future.                                                      He believes that this is possible if not only for the lack
          country we want to be. `But he reminds us that though                                                                                    of determination from our ruling class since we already
          we are divided in various sectors/groups, we are one by               He also speaks about the need to fiipinize Philippine             have the natural and human resources to make it
          blood and struggle.                                                    trade law.                                                        happen.
         He states that Filipinos in his time generally want                   He stated that Philippine Nationalism has been                   He states that we have the capacity to take soviet style
          change either to depose Marcos or Limit h powers.                      misunderstood, misrepresented and its strength                    and capitalist style development and therefore we can
          They are however unsure with what to do whether                        underestimated and dismissed as the creature of                   also develop the capacity to develop filipino style
          should it be reform or revolution.                                     disaffected individuals or the greedy elite.                      development for our economy.
         He states that during his time, there such exists as a                He states that if America does not support the wishes of         He says that our kind of trade with the US is neo-
          parliament of the streets which has the goal to depose                 the Filipino people, It will be viewed as the major               colonial since we exchange our low cost goods of raw
          the marcos regime and change the system to one that                    enemy, and in self-defense aggravated by                          materials, food, and labor with their machineries.
          helps everyone, especially the poor.                                   disenchantment , will commit itself to an irrevocable
                                                                                 collision course against the united states, You or Us.           The aid US gives only reaches 22 per cent of the poor
         He states that though the opposition might not be united                                                                                 during that time meaning each person only gets less
          completely in goals they have the following in                        He states that it is the dream of the Philippines to be the       than a penny a day.
          common: change Marcos and system itself, and total                     first colony in asia to achieve modernity.
          liberation from American Control.
                                                                                                                                                  He cited Prof Stauffer as saying that the Marcos regime,
                                                                       Philippine-American Economic Relations                                      with its regime being strongly influenced by US goals,
         He says its also the opposition's goal to do the opposite                                                                                as refeudalization , hence he called it the study of
          of what Marcos did for the last 12 years.                                                                                                “political economy of refuedalization”.
        All US investment are only for import refining, shaping                IMF which primarily wish to bolster world trade, e)                   We are still dominated by Kapitan Tiagos that will
         our economy to be trade based rather than domestically                 abdication of economic policy to these international                   endure everything to remain in power, Quirogas who
         self-sufficient.                                                       banks, f) arrested growth of the manufacturing sector,                 will do anything for business and Patrocinios who'll do
                                                                                g) presence of economic waste and governmental                         everything to best all in terms of luxury.
                                                                                corruption, h) shifting from the import substitution
        He laid out the following goals for the improvement of
                                                                                model to export orientation model.
         the Filipino Economy: a) planning not just for growth                                                                                        Torturers and Killers are less visible now as compared
         production but also for proper distribution so that all                                                                                       to the Friars long ago but they are now much worse
         filipinos can have access to goods and services, b)          What the Philippines Expects of Foreign Investors                                since methods of torture are more despicable.
         establishing heavy industries for iron, steal, coal, and
         machine manufacture                                                   This is a speech before the Manila Sales Convention of                Debate on language continues but now against English
                                                                                HONIRON on January 20, 1969 at the Insular Life
         c) Centalizing control over heavy industries and                       Auditorium
                                                                                                                                                      We still deal with people who are loyal to Imperial
         dispersing consumer goods industries to small scale
                                                                                                                                                       Powers like Ibarra was to Spain.
         family or cooperatively owned business which would                    These are the objectives of Philippine Policy on Foreign
         maximize employment, income generation, and ease                       Investments: a) Filipinos have the reserved right by law
         entry to the market because of low capital requirement,                to use and ownership of land, natural resources, public               We still deal with government officials who favor
         d) raising real wages of labor, e) land reform to return               utilities, transportation, shipping, banking institutions,             foreigners over filipinos like the one rizal wrote about
         to small scale agriculture with provided securities and                trade, and insurance b) foreigners are allowed only up                 the official who favored the Chinese.
         aid from the government, f) socializing financial                      to 40 percent of domestic corporations, 25 percent for
         system, g) plugging revenue leaks in the economy from                  shipping, and no percentage in corn and rice trade, c)                We are still faced by greedy and corrupt officials who
         corruption, smuggling, tax evasion etc, h) building                    The investment Priorities Plan which outline which                     allow the needy to go untended
         small general public hospitals throughout the country                  Industries should be expanded and and which pioneer
         not just large ones in Urban Manila, building medium                   industries should be established, d) pioneer and non-                 We are still a colonial society
         and low cost housing not mansions, all-weather barrio                  pioneer industries will be given Tax deductions, and
         roads instead of expressways, free medical care, free                  protection from foreign competition, e) Foreigners may
         public education, and family run hostels instead of five               invest up to 40 percent in registered non-pioneer
                                                                                                                                                      the task of the writer is to be great writers to voice out
         star hotels , i) use of organic rather than fossil fuel                                                                                       what the people want and need despite the many
                                                                                industries and 100 percent in registered pioneer
         fertilizers, public buses and mass transits than private                                                                                      dangers to their life and career.
                                                                                industries yet the should have at least 60 percent
         cars, wood and coal for heating rather than petroleum.                 filipino ownership in 20 years, f) Non registered
                                                                                industries will be allowed only up to 30 percent foreign     Claro M. Recto
        Finally, he stated that if we wish to change the Filipino-             investment pending a decision from the Board of
         American trade relation, we must first change the                      Investments.                                                          This was a speech delivered at the University of the
         nature of our economy.                                                                                                                        Philippines, 1975
                                                                               In return for allowing investment and business, We
Economics and Social Consciousness                                              expect the foreign investments to: a) focusing on                     Claro M. Recto became unpopular in his time for what
                                                                                pioneer industries such as capital and finished goods                  he said since his critics say his ideals were unrealistic
        This is a Talk delivered before the Inter-School                       manufacture, b) open enterprises to filipino investors, c)             and visionary.
         Business Association at the Tourism Pavilion, PICC,                    to employ 'equal pay, equal work adopted by the United
         Manila, September 6, 1980.                                             Nations, d) to adopt a regular program to train Filipino              Because of black propaganda, nationalism became
                                                                                laborers and employees in technical and managerial                     synonymous to communism, yet Recto still continued
                                                                                skills, e) to bring in investments adequate to finance                 to be nationalist.
        Our economy is a Filipino economy and its goal should                  the establishment and maintenance of enterprises, f) to
         meet the needs of the Filipino People.                                 respect our national dream of modernization and
                                                                                                                                                      Through his courage he even opposed the likes of
                                                                                economic independence.
        We hunger for an economy run by humans for humans                                                                                             Roxas, Osmena, Laurel and Magsaysay at the height of
         not by rich people for other rich people.                                                                                                     their careers.
                                                                      Rizal For Today
        He gives us many possible answers to the reasons of                                                                                          He is quoted saying that we must “awake from the
                                                                               This is a Lecture delivered at the PEN Conference,                     daydreams of adolescence, and cease to imagine
         our lack-luster economy. a) economy is only focused on                 National Press Club, Manila, July 2, 1983
         improving production and not distribution and equal                                                                                           ourselves as the saviors if a world in distress, riding out
         consumption, b) export oriented economy is also to                                                                                            on fanciful adventures for which we have neither heart
                                                                               The lecture shows how relevant Rizal is in their time.                 nor strength, while we neglect our own concerns” He
         blame since this economy is designed to meet foreign
         needs and not ours, c)authoritarian government that                                                                                           said this when he opposed our involvement with the
         purposively lowers wages to be competitive with low                   “We need a Godfather for everything from baptism to                    war in indochina.
         labor prices of nearby countries this is because we are                burial, for justice, for passports or to exploit any
         reliant to foreign investment for more jobs, d) the                    industry whatsoever” We need a Godfather unless we're                 He relied on the constitution to protect the people's
         economy went awry because of the WB, ADB, and                          ready to pay or if we're big people.                                   rights.
         Freedom of Speech was important to Recto to the point                 Diokno ends the Talk saying that whoever the successor           address the specific needs of different people within
          that he even protected communists whom the majority                    is, they must not neglect the problems of the Philippine         classes.
          detested.                                                              Social System, US influence, poverty, injustice,
                                                                                 rebellions of Muslims, and the dispossessed                     It also calls for increased public involvement in the
         He admonished his countrymen for taking for granted                                                                                     Government Planning process even in the local areas
          democracy citing the rise of fascism in Germany.             The Changing Political Situation: A Challenge                              they belong to.
         Here, Diokno calls out true believers in Recto's                      This is an undelivered speech that was supposed to              Most importantly we must change our mentality, to
          protection of Democracy, Republicanism, and Human                      done for the UP College Of Medicine Faculty                      believe in ourselves, to believe in our capacity to to
          Rights through the Constitution by speaking against the                Association on April 16, 1986. It was not delivered              make the right decision, in short we must have faith in
          Dictatorship.                                                          because of schedule conflict.                                    ourselves and in each other. We should not act like
                                                                                                                                                  colonizers who distrust the people.
         Diokno emphasized what Recto said, that we should                     Diokno asks if our Ruling elite will rule to the direction
          defend our rights and not wait for others to do it for us.             of the poor or will continue to favor only the foreigner        We must also view public office as a way to serve the
                                                                                 and the rich even after Marcos' time.                            public and not to pursue private wealth.
After Marcos, What?
                                                                                He also asks what the new constitution should provide           The challenge overall is to create a real democracy and
         An Address delivered at the FLAG Annual Conference,                    to ensure the enjoyment of freedom, independence and             not to repeat past mistakes.
          Cebu, September 9, 1983.                                               social justice.
                                                                                                                                                 We must also remember that a people united cannot be
         Diokno stated that after Benigno's assassination,                     He has two conditions in addition to the new provisions          stopped, as proven by the EDSA revolution
          Marcos' hold on power dwindled and that soon he will                   in the constitution: a) what happened during Marcos'
          finally be expunged from his office.                                   regime should not happen again b) the government
                                                                                 must handle problems in poverty, unemployment,
                                                                                 underemployment, low wages, social injustice and
         Aquino's death united everyone, even the landed classes                foreign control.
          since it shattered the fear and apathy classes felt. This
          was all due to the outpouring of grief because of a
          fallen leader.                                                        He also prescribes that we must not be militarized to
                                                                                 meet those conditions.
         Marcos' inept handling of the assassination destroyed
          his remaining credibility. This resulted in capital                   We must also expose all violation on human rights.
          fleeing the country, a halt in foreign investments, and a
          downfall in the economy.                                              We must strengthen the president by supporting her
                                                                                 (Cory) for politicians and institutions such as the
         Because of his poor handling of the assassination,                     military and the church are all grabbing for power in the
          President Reagan canceled a visit while the US House                   new regime. Since Cory has no party to draw support
          of Representatives stated that they will only support                  from, it should be the people who will support her.
          Marcos again if an impartial probe of the assassination
          is done and a free and fair elections is held.                        And likewise, we can weaken enemies by not
                                                                                 supporting them, by not voting them into office.
         Marcos' once trusted allies are now deserting him. All
          this reduced him to a lame duck president.                            The constitution should provide for a new legal order
                                                                                 that now stands for the development of the poor and not
         Diokno lays out scenarios of what might happen next                    just for the benefit of the rich.
          but he also quickly labeled them as unlikely:
          Assassination, coup d'etat, opposition take over of New               The constitution should provide for an authentic
          Society seats in the Parliament, and revolution. Only 2                democracy by providing formal, efficient, and effective
          are likely, death or forceful resignation.                             channels of communications between the political elite
                                                                                 and the masses. This is to block preferential
         If he does die he says the Prime Minister can exercise                 government connections to the Church, Companies and
          Presidential Powers, hold a free and fair elections, or                Foreign Entities.
          that the country would be plummeted to greater
          instability because of those who will succeed him from                It might also call for to renew ways of government
          the same party.                                                        representation no longer per area but per sector, to
DIOKNO GROUP