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Martial law extension does not meet constitutional requirements —MAT

By , on December 13, 2017


The group said that the extension of Martial Law is “patently unconstitutional and a threat to democracy and peace in the whole country”. (Photo: Movement Against Tyranny/Facebook)
The group said that the extension of Martial Law is “patently unconstitutional and a threat to democracy and peace in the whole country”. (Photo: Movement Against Tyranny/Facebook)

The coalition group against tyranny and extrajudicial killings Movement Against Tyranny (MAT) appealed to the Congress on Tuesday to reject the recommendation of President Rodrigo Duterte to extend the martial law and suspend the privilege of the writ of habeas corpus in the entire Mindanao.

The group said that the extension of Martial Law is “patently unconstitutional and a threat to democracy and peace in the whole country,” adding that it fails to meet the constitutional requirements.

“In fact, President Duterte himself declared Marawi liberated from ISIS (Islamic State) in October. This was followed by the end of all combat operations and the start of the city’s rehabilitation,” MAT said in a statement.

The chief executive earlier cited that one of his basis in extending the Martial Law is the continuous threat of terrorism and rebellion carried out by the armed wing of the Communist Party of the Philippines (CPP), the New People’s Army (NPA), in Mindanao which makes the region the “hotbed of rebellion.”

[READ: Duterte formally asks Congress for one-year Martial Law extension]

MAT, however, said that the ongoing rebellion and heightened activities of the Reds in Mindanao are better to be addressed by comprehensive peace negotiations rather than all-out-war.

“Ironically, if the President did not arbitrarily terminate the peace talks with the NDFP last month, the fighting would have been significantly reduced, as what happened in the first six months of his term,” MAT said.

“History has proven that martial law and similar militarist approaches have failed to address the roots of the armed conflicts in Mindanao and elsewhere,” it added.

The group added that the constitution does not contemplate martial law as a means to “strengthen the law enforcement, ensure public safety and security, conduct counterinsurgency campaign, or address threats of lawless violence, however imminent.”

“If there is no legal and factual basis for martial law, why is the President so insistent on extending it for one whole year?” the group stressed.

“For these reasons, we humbly appeal to you to reject the extension of martial law in Mindanao,” it added.

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