Nenita Mahinay
and People’s Lawyering
Like other people’s lawyers, labor lawyer Nenita Mahinay has found herself
being tailed by state agents. But such tactics have not hindered Mahinay's
lawyering for the people. These have in fact strengthened her will to
continue giving legal services to the oppressed sectors.
BY ARTHUR L. ALLAD-IW
Northern Dispatch
Posted by Bulatlat
BAGUIO CITY - I
had earlier heard her name as among the lawyers of the striking Hacienda
Luisita workers in Tarlac. So I welcomed the opportunity of meeting her in
Baguio as a speaker in a forum of various union leaders in the Cordillera
region. In that forum, she always reiterated that workers have nothing
else to rely on but their own strength in advancing their rights and
welfare. They should not depend on state laws enacted by the landlord- and
capitalist-dominated Congress – as these lawmakers will always think,
first and foremost, of their own economic interests.
I have always
viewed as absolutely brave those personalities who raise the issue of
oppression by the state against its own people. Much more so with women
taking the cudgel for the poor and the oppressed. Among these brave women
is lawyer Nenita Mahinay, who is engaged in people’s lawyering
particularly in the workers’ sector.
Records show
that 17 lawyers have been killed since 2001 when Gloria Macapagal-Arroyo
wrested the presidency from Joseph Estrada via the People’s Power 2
revolt. Most if not all these legal practitioners were involved in human
rights lawyering among labor unions, agrarian workers, and human rights
workers among others. They are among the 780 political killings committed
under the Arroyo administration.
In an interview,
the first question I asked Mahinay was how she felt about the killing of
lawyers. “Panic,” she replied with a smile. “But the killings should not
serve as a barrier for our peoples’ lawyering,” she added.
As a lawyer for
the Hacienda Luisita workers, Mahinay has first-hand experience of police
and agents violating her clients’ human rights, when vocal union leaders
and activists were killed during the 2004 Hacienda Luisita strike. She
could never forget the Nov. 16, 2004 massacre of strikers and strike
supporters, while in fact they were just fighting for their
constitutionally granted rights.
Lawyers slain
Lawyer Felidito
Dacut was assassinated in Tacloban City mainly due to his peoples’
lawyering particularly in cases that wrongly implicated unions and human
rights workers. Norman Bocar, another lawyer from Eastern Visayas, was
killed for his role in labor and agrarian cases; he had also filed a case
against Gen. Jovito Palaparan, Jr. in connection with several political
killings in the region allegedly perpetrated by state forces.
People’s lawyers
like Dacut and Bocar are eliminated since they serve as a potent force in
the struggle of oppressed social sectors. “People’s lawyering continues as
majority of the population – the farmers and workers – are being
oppressed,” explained Mahinay, who is the managing director of the
Pro-Labor Legal Assistance Center (PLACE), a law center rendering pro
bono (free) legal services to workers and trade unions.
However, in
their advocacy, people’s lawyers avoid giving false hopes to their
clientele. “We help them understand how they can utilize state laws in
advancing their rights and welfare,” Mahinay said. But she emphasized the
need for these oppressed sectors to self-organize to advance their rights,
as their organization is their only strength.
Mahinay said
laws are never neutral. She cited the Labor Code’s Assumption of
Jurisdiction (AJ) provision, where the labor secretary or his
representatives can assume jurisdiction over a labor dispute in certain
situations, issue a back-to-work order. Under this provision, if the
striking workers defy a back-to-work, the Department of Labor and
Employment (DoLE) can declare even a legally launched-strike as illegal
and, for that reason, allow the company to fire strike leaders. Only the
strength of organized workers can thwart the paralyzing effect of AJ-related
back-to-work orders, she explained.
Like other
people’s lawyers, Mahinay has found herself being tailed by state agents,
especially after the Hacienda Luisita workers’ strike. In fact, through
the help of unionists, her colleagues were able to corner a military agent
from Fort Bonifacio, Taguig, Rizal whom they identified as Rommel Felipe
Santiago, who was tailing her.
But such tactics
have not hindered Mahinay's lawyering for the people. These have in fact
strengthened her will to continue giving legal services to the oppressed
sectors. Northern Dispatch / Posted by Bulatlat
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