Lawyers Take Off-the-beaten Path
Mindanao lawyers call
Arroyo ‘illegitimate, immoral’
Lawyers are supposed to act with “cold
neutrality,” but a group of legal practitioners in Mindanao
has decided to go against this stereotype by pledging to serve poor
clients and taking a stand on the current political crisis – aware that
they may end up endangering their own lives.
BY CHERYLL D. FIEL
Bulatlat
DAVAO CITY – If
you’re a lawyer, would you give your services to Lumads (indigenous
peoples) who were driven out of their ancestral land? Would you welcome a
young Moro accused of bombing a mall, a farmer demanding ownership of the
land he tills or a wife looking for her husband who was allegedly abducted
by the military?
Questions such as
these are not hypothetical since these are faced by both well-meaning and
cause-oriented lawyers in the country. Today in Mindanao, southern
Philippines, however, those in need of legal services include families of
118 people killed and 600 injured as a result of 39 recent bombings. Aside
from them, around 85,000 people have suffered worst cases of human rights
violations from 2001-2003; 400,000 people were displaced during the
intensified offensive military operations in 2000.
For the more than 65
lawyers, paralegals and law students who attended the First Mindanao
Assembly of People's Lawyers held last week of July at the Brokenshire
Resource Center this city, the challenge is daunting. Aside from the
obvious problem of not having money to pay for their services, these
prospective clients could even hardly afford to go to the court for lack
of transportation money.
Lawyers who take in
such clients may also get killed in the process.
People’s lawyering in Mindanao
The lawyers formed
the Union of People's Lawyers in Mindanao (UPLM) which seeks to rekindle
people's lawyering in Mindanao. According to them, people’s lawyering
began in the 1970s with the formation of the Free Legal Assistance Group
(FLAG) in Cotabato City. The latter is said to be the first chapter of
FLAG which was founded by Sen. Jose W. Diokno and other human rights
lawyers during he Marcos years.
The 1980s saw the
Mindanao-wide formation of lawyers called the Concerned Lawyers Union of
Mindanao (COLUMN) which had six chapters all over the island. COLUMN had
as members lawyers whose names have become synonymous to activism and
militancy against the Marcos dictatorship like Larry Ilagan, Antonio
Arellana and Marcos Risonar.
The UPLM, according
to its first chair Frederico Gapuz, embodies the principles of people's
lawyering. Romeo Capulong – president of the Public Interest Law Center (PILC)
and United Nations Judge Ad Litem who was invited as keynote speaker to
the assembly – defined people’s lawyering as the "other type of lawyering
for the poor."
Unlike the
traditional practitioners who merely plead the client's cause "with the
cold neutrality of a skilled legal technician," Capulong said that the
people's lawyer "has a high degree of passion and dedication to the legal
as well as the social cause of the client."
Capulong urged his
colleagues to develop this as a specialty in legal practice as there is
still a small number of lawyers engaged in providing legal aid to the poor
out of the 46,000 registered lawyers based on Supreme Court records.
Given the country’s
political crisis, Capulong said, lawyers should “play a significant role
in the general political education of the people and in bringing forward
national as well as local issues that have a direct bearing on the
livelihood, rights and welfare of the nation and the people."
Lawyers denounce globalization, Arroyo administration
In a statement, the
UPLM dismissed globalization as a "euphemism for the plunder of the
country's national economy patrimony. For them, these twin evils have
given license to the culture of impunity reigning in the country.” These,
they also said, "are being rabidly perpetrated by the Arroyo regime, the
Armed Forces of the Philippines and other law enforcement units."
Part of the UPLM's
advocacy is the upholding of international humanitarian laws and the
promotion of principled peace negotiations, recognizing that Mindanao
is a place where "revolutionary movements are borne from decades of
neglect and exploitation."
In addition, the UPLM
vowed to "uphold the sovereign will of the people to demand the ouster of
President Arroyo" who they see as "illegitimate and immoral." They
likewise support the creation of a transitional council as a viable legal
alternative. Bulatlat
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