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Press statement issued by Attys. Robert Swift, Lead Counsel, and Rod C. Domingo, Jr., Filipino co-counsel
The platitudes to peace accompanying the signing of the Comprehensive Agreement on Respect for Human Rights and International Humanitarian Law (the
"Agreement") between tile National Democratic Front (NDF) and the Philippine government mask something more sinister. For the NDF, the Agreement is a means to
sanitize its reputation and siphon money to its leaders. For the Philippine government the Agreement buys it instant credibility while using Marcos assets as means
of exchange. Were this not at the expense of the impoverished martial law victims, the politics might be understandable.
It is ironic that the Agreement which was supposed to celebrate human rights is used as a weapon to subvert human rights. The Agreement could have been prepared by a high
school student copying out of a book containing UN conventions on hurnan rights which bind all nations. The Agreement is window-dressing plain and simple. Within the
beatitudes of the Agreement there is not a single enforcement mechanism anywhere to be found. If the Philippine martial Iaw government was able to torture and
summarily execute its people despite condemnation of those acts in the Philippine Constitution, what does the Agreement add?
The real deal is buried in Part Ill, Article 5 which refers to the US$2B judgment awarded by a United States District Court to victims of the Marcos human rights
violations. The Article provides that should there be any settlement, the Phillipine govermnent "shall execute with the duly authorized representatives of the
victims a written instrument to implement" said provision, and goes on to say that "in case of any settlement outside U.S. jurisdiction, all or the
majority of said victims shall determine their representation by power of attorney."
But now the NDF claims it represents the victims and thinks it can do a better job than us—so long as the money flows through the NDF and not the United States Court. While
the class counsels, the human rights organizations and victims worked for the litigation of the case in a States Court, the NDF's counsel had been soliciting powers
of attorney from individual victims, often saying that it (the power of attorney) is part and parcel of the class action process and will facilitate the favorable
approval of the victims' claims. The powers of attorney usually contained a suggestion to donate a portion of the victims' claims, often 15% for the lawyer and his
client. The truth is the NDF's counsel did nothing to advance the human rights litigation except to claim credit for a result he had nothing to do with. We must also
emphasize that the U.S. District Court in its Order dated July 12, 1994 declared that it "will not recognize any special power of attorney obtained by SELDA from a
class member."
Until now there has never been an issue over who the lawyers are that represent the 9,539 victims of the human rights abuses. A small group of American and Filipino
attorneys led by us for the past 12 years—with no help from the NDF—has the official authorization of the United States Court and recognition by the Philippine
government. We have negotiated with both the Marcoses and the Philippine government for several years, always intent upon maximizing the recovery for the victims and
assuring that compensation actually reaches them. The decision of the Swiss Supreme Court authorizing the transfer of Marcos funds to the Philippines on condition
that the victims of the human rights violations be compensated was a direct consequence of the litigation we initiated against the Swiss banks.
As the court-designated counsels for the class plaintiffs, we will not sit idly by and permit the Marcos martial law victims to be abused once again. If the Phflippine
government wants to pay off the NDF leaders, it should get the consent of the Philippine legislature. But then, it will be paying the wrong party and will not
satisfy the U.S. District Court judgmeiit.
Rod Domingo, Jr. added: "Why is it so hard for the Ramos administration to do the honest thing?"
April 1, 1998
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