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EU asks for ‘significant constitutional restraint’

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A VISITING diplomat on Thursday said the European Union respected the government’s decision to declare martial law in Mindanao, but urged it to do so with “significant constitutional restraints,” even as a leftist think tank said military rule would not help the economy.

In a roundtable discussion, EU on Asia and the Pacific managing director Gunnar Wiegand said that a humanitarian team is already in place in Cotabato, Mindanao, to assess the situation of the people in Marawi to determine how much assistance the bloc could provide.

Wiegand said they wanted to know that “significant constitutional restraint” would be observed in the administration of martial law.

On Tuesday night, President Rodrigo Duterte declared martial law over the whole island of Mindanao after Maute group that recently pledged allegiance to the Islamic State attacked Marawi City, killing several people who could not recite Islamic verses and burning public buildings and houses.

Wiegand said the EU would not interfere in the country’s national policy and said it was up to Filipinos to monitor the constitutionality and legality of martial law.

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Maute group in Marawi City. File photo

“It is not up to us to define them, to enforce them for the checks and balances in your country. We are not the judge of your situation,” he said.

The diplomat also added that the EU will leave the matter to the Congress to debate and decide on Duterte’s declaration of martial law.

“It’s not for us to comment on the triggering of a possibility which clearly exists under your Constitution. For the President, there is a situation of lawlessness in part of the country. If there is a significant challenge from terrorism, we share that challenge with the Philippines,” Wiegand said.

He also added that he is confident that Duterte would impose military rule in line with the 1987 Constitution.

Meanwhile, the left-leaning Ibon Foundation Inc. said martial law in Mindanao would not help the economy, “which is already slowing as it is.”

Ibon dismissed the claim of Finance Secretary Carlos Dominguez III that martial law in Mindanao region would protect business operators and other investors from the threat of terrorism, and that it would not slow down the growth momentum of the country.

Martial law would only create an economic environment hostile not just to workers, farmers and basic sectors but also to capital and legitimate businesses not aligned with the government, Ibon said.

“The country’s last experience with nationwide martial law resulted in a wide range of anti-people neo-liberal ‘free market’ policies being forced on the Filipino people, world-class bureaucratic corruption, and the unprecedented bloating of the country’s foreign debt and a severe financial burden on the economy.”

Days after the martial law declaration, the foundation cited the Philippine Statistics Authority report about the slowing economic growth in the first quarter of 2017.

The PSA reported that the country’s gross domestic product slowed to 6.4 percent in 2017, which is slower than 6.6 percent in the first quarter of 2016 and 6.9 percent in the same period in 2015.

Also on Thursday, Human Rights Watch legal and policy director James Ross expressed alarm over Duterte’s remark that he will be “harsh” in imposing martial law in Mindanao.

“For Filipinos who lived through martial law under Ferdinand Marcos, Duterte’s casual reference to the late dictator should be especially alarming,” Ross said.

“Military restraint in Mindanao may be wishful thinking,” Ross said.

Ross said that Duterte could not disregard the Constitution.

“Martial law can’t be used to suspend the Constitution, the courts or the legislature, and military courts can’t try civilians if the civil courts function. Anyone arrested must be charged by a judge within three days or released,” he said.

“But words on paper are just that. The coming days and weeks will see if the Philippine Congress and courts are up to the task of keeping a wildly abusive president in check. Since Duterte took office nearly a year ago, they haven’t been,” Ross added.

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