The 1987 Constitution has limited the President’s powers to place the country or any part of it under martial law to two situations – invasion or rebellion – and only when the public safety requires it. If the situation in Marawi had to do with weaknesses in the execution of its job, Martial Law, and over the entire Mindanao Island, is NOT the answer to this shortcoming or failure. Defense Secretary Lorenzana himself told media that “there is intelligence” about the situation in Marawi, but that this intel has been wrongly interpreted. The public has the right to be informed of the situation in Mindanao and as of the declaration of Martial Law, a lot of questions remained unanswered. It could potentially endanger striking workers and other protesting activists in Mindanao. Human rights abuses are bound to happen, especially under a presidency which has openly shown no respect for human rights. Confusion and insecurity among communities may be taken advantaged of by different armed groups, furthering the violence in Marawi, and the rest of Mindanao. With Martial Law, the civil and political rights of the civilians, and their lives, are endangered more than ever. Without Martial Law, the military has engaged and fought terrorist groups in Mindanao and can continue to do so as their obligation and mandate. Martial Law adversely affects civilians as this would curtail many of their rights. Note that the National State of Emergency Due to Lawless Violence, declared after the Davao bombing, is still in place nationwide. While the fighting has endangered the life of civilians in the area, Martial Law does not alleviate this danger nor ensure the resolution of conflict and achievement of peace. Attacking civilian population not party to the conflict between government forces and the Maute violates duly recognized human rights of the people and violation of International Humanitarian Law on armed conflict. We condemn the violence perpetrated by the Maute group to advance their political interest. Similarly, the Maute group is a local terrorist group, and not ISIS, even as the former tries to ally itself with ISIS. This is a situation started by the government itself. It has to be clarified that the clashes were triggered by law enforcement operation in Marawi. On Tuesday night, President Rodrigo Duterte declared Martial Law on the entire Mindanao Island while on a state visit in Russia, following the fighting between the military and the Maute group. Statement from iDEFEND on the declaration of martial law in Mindanao, the Philippines
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