A COMPARATIVE ANALYSIS OF MARTIAL LAW IMPLEMENTATION:

PHILIPPINES 1972 AND MYANMAR 2021

Submitted by:

Ocampo, Halicia Llanel L.

Decino, Ric John M.

Submitted to:

John Albert R. Dela Rosa, MASSED

February 2023

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ABSTRACT

It is apparent that a large number of us are unaware as to what absolute freedom involves.
Nowadays most Filipinos behave like little youngsters. They could care less about logic. Only
the people in front of them can be interpreted. They often seem to obey their parents, despite
how cruel he is. Martial Law was so damaging that its aftereffects can still be seen today. By the
moment that Marcos was ousted from Malacanang, the Philippine economy was in distress due
to corruption and extensive international indebtedness. The nation's credibility was undermined,
the prevalence of poverty worsened, and indeed the peso's worth declined. The trillions of dollars
in mortgage must nevertheless be paid off, and that is something we continue to be accountable
for. This very same phenomenon has taken place in Myanmar through ages, but perhaps more
recently in 2021, when little comparable events occurred in our nation, the Philippines. Is martial
law really the only option in the end? Can we allow this to happen again in our nation under
another Marcos regime in light of what happened in the Philippines and what is currently
occurring in Myanmar? Throughout many years, the general public has shivered at the sight of
men in uniform, and courtrooms have acted as places where political activists and defenseless
bystanders have been prosecuted rather than as halls of justice. We envision a time when people
in uniform serve and protect every citizen by enforcing the impartial rule of law throughout all of
Myanmar and the Philippines, rather than being feared.

Keywords: Martial law, Myanmar, Philippines, Military, Freedom

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INTRODUCTION

The historical occurrence in the Philippines was motivated by the notion that the nation's
political institutions were in need of improvement. Why are they having trouble? According to
Arugay et al. (2016), there is just one potential explanation: Philippine history. This event
addressed how several centuries of Spanish colonial control and several decades of U.S.
occupation have affected the capacities of Philippine democratic institutions today. Spanish and
American involvement have left a considerable mark on Philippine systems. Meanwhile, the first
constitution of Myanmar went into effect on January 4, 1974, the 26th anniversary of the nation's
independence, and was suspended on September 18, 1988, as a result of a military coup. Later, a
military junta known as the State Law and Order Restoration Council (SLORC) and, from 1997
to 2011, the State Peace and Development Council, governed the nation (SPDC). A former
military officer who served as one of the vice presidents took over as acting president after the
military detained the president in February 2021. He immediately invoked articles 417 and 418
of the constitution, using the former to declare a one-year state of emergency and the latter to
transfer power to the commander in chief of the armed forces.

Myanmar and the Philippines both seem to be affiliates of the Association of Southeast
Asian Nations (ASEAN). International government interconnections between both this two
countries were inaugurated in September 1956. Myanmar does have an embassy in Manila and
the Philippines continues to have one in Yangon. The Philippines was among the Asian nations
that was particularly skeptical of Myanmar's military dictatorship before everything took
measures into democratization in 2011 because of the resemblance in their histories under the
military dictators of Ne Win and Ferdinand Marcos. While the two Southeast Asian nations
remain distinct and diverse from one another on their own, another commonality has emerged:
each nation's struggle with the imposition of martial law.

Throughout times of conflict, uprising, or natural catastrophe, militarization, which

entails momentarily replacing military power for civilian administration, is frequently used.
When martial law is enforced, the armed services ruler of a region or nation has unrestricted
power to enact and uphold laws. Military leaders take temporary control of a region when civil
authorities are deemed unable to handle the issue. Putting a country under martial law can have
many legal implications, but they often involve suspending fundamental civil rights and applying

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military law or rapid military justice to citizens. Martial law might persist forever, despite the
fact that it is only in principle temporary.

The majority of us think that perhaps the denunciation of Martial Law was the most
detrimental alteration our nation has ever undergone. State of affairs in the country characterized
by all forms of violence including mass killings, kidnappings for ransom, flagrant infringements
of human rights, the abolishment of the habeas corpus, as well as abuse of power of political and
military against the personal freedoms and constitutional freedoms of the populace. In addition to
all of these, who could ever forget past fascist tyrant President Ferdinand Marcos? It was a
political scenario that lasted for ten years and affected every facet of the social fabric of the
nation. One of only two notable modifications to the nation's political structure that have been
documented; the other is Gloria Macapagal Arroyo's legacy. We are left with a debauched,
shameless, and traumatic heritage.

Within generations since it declared its independence, Myanmar has battled military
superiority, civil war, maladministration, as well as pervasive deprivation. The Southeast Asian
country's hopes and dreams for democratic institutions were shattered by a military dictatorship
in February 2021. Throughout Myanmar, yet another terrible big change had indeed started. Thus
according to Crouch (2021), militia groups created by both the regular residents and ethnically
terrorist organizations that had been battling prior to the actual coup fiercely resent the armed
forces, known as the Tatmadaw. Longtime Military Powers and activists organized combat units
throughout the nation and threatened to overthrow the dictatorial regime. In response, the armed
services launched a harsh campaign on protestors and rebel factions. But it hasn't yet been able to
effectively seize control across a sizable area of the country, and several predict that perhaps the
death and destruction will more than surely worsen by 2022.

RESEARCH QUESTIONS

The purpose of this study is sought to compare and contrast the martial law
implementation in the two countries, the Philippines and Myanmar. Thus, this comparative
analysis of the two countries aims to answer these following inquiries:

1. What are the reasons of the Martial Law implementation in the Philippines and Myanmar?

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2. What are the effects of the Martial Law implementation in the Philippines and Myanmar in
terms of:

a. Economy;

b. Human Rights; and

c. Press Freedom?

3. What is the difference of Military coup in Myanmar and Martial Law in the Philippines?

METHODOLOGY

This comparative study utilized a documentary analysis method type of research. The
study comprised of articles consisting of different sets of information regarding the
implementation of martial law in the country of Myanmar and the Philippines.

FINDINGS

Reasons. Since 1962, the military has served as the personal army of Myanmar's rulers,
and the courts have been utilized to shield that force from any significant accountability. If there
has been any legal action, the lightness of the punishments merely serves to highlight the
preferential treatment given to the military. The military junta in power now is striving to operate
in a similar manner, believing that it is above the law, rewriting the law to fit their demands, and
repressing anyone who dared to oppose it. In the decades since it gained independence, Myanmar
has battled military control, civil war, bad governance, and pervasive poverty. The Southeast
Asian country's ambitions for democratic reforms were crushed by a military coup in February
2021. The action was taken after the Union Solidarity and Development Party (USDP), the
military's front-runner in the 2020 elections, took a significant hit. Aung San Suu Kyi, the de
facto leader of the civilian population, was arrested and accused of corruption and other offenses
by the junta (formally known as the State Administration Council). It put many activists, as well
as MPs from her party, the National League for Democracy (NLD), and other parties, under
house arrest.

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 After a brutal 24 hours in which security forces killed at least 74 people and unknown
assailants burned dozens of Chinese-owned enterprises on fire, 11 townships in Yangon and
Mandalay, the military dictatorship in Myanmar proclaimed military force. The regional military
commanders of the two cities reportedly received complete executive and judicial authority from
the ruling State Administration Council. Formed military ethnic groups that are opposing the
government began the coup. Considering Myanmar seems to be a multicultural nation with far
more than 100 recognized ethnic groups, it has encountered numerous interethnic conflicts.
Because they have historically held the bulk of political and military positions, the Bamar, who
make up around two thirds of the population, have enjoyed privileges in the neighborhood. The
absence of economic possibilities, racism, economic diversification, low rates of political
involvement, and cruel armed discipline, on the contrary side, also affected several ethnic
minority groups.

Figure 1. Ethnic Groups in Myanmar

In the Philippines, as what we are meant to believe, the one and only thing remaining out
against rapidly increasing upheaval was military action. He addressed the country on the evening
of September 23, 1972, to announce the imposition of martial law in the Philippines. These
included the authority to instruct the Philippine Armed Forces to uphold law and order and the
exclusive authority to decide whether or not someone would be kept in custody for any offence.
He specifically mentioned how a sizable Communist army that aimed to overthrow the

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government and disrupt the tranquil lives of everyday Filipinos had acquired weaponry from
China. Even worse, Marcos compared the status of the country to a war that he wanted to
terminate. It was due to the Moro National Liberation Front's Muslim separatist movement,
increasingly violent academic protest marches again against administration, but also alleged
communist uprising accusations made by that of the formation of a new Communist Party of the
Philippines. Arresting opponents at the Constitutional Convention and in Congress was one of
his first moves. Notwithstanding the noteworthy exclusion of Muslim regions in the south,
wherein a separatist insurrection commanded by the MNLF commenced in 1973, the general
people initially accepted martial law. Throughout fruitless efforts to negotiate a peace agreement,
large numbers of both soldiers and civilians proceeded to suffer in the rebels. Once the
Philippines was under martial law, the authorities was able to confiscate unregistered weapons,
diminish violent urban crime, and end communist rebellion in certain locations. However,
contrary to what was instructed in that letter, he did not call a session of the interim legislature.

Effects.

Economy. The International Labor Organization disclosed in its January 2022

assessment that Myanmar's labour participation reductions in 2021 totaled an estimated 8%, or
1.6 million jobs being lost, suggesting a significant reduction from workforce of 20.5 million in
2020. The figures account for all of Myanmar's workers in both the formal and unofficial
economies. According to the survey, rural farmers and the country's constructions, apparel,
tourism, and hospitality business were among the most impacted. The ILO also noted that 14.4
million people currently require international assistance, with an anticipated 25 million people
expected to be living in poverty by the end of 2021.

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 Figure 2. Myanmar Economic Indicators GDP after a year of coup

The exact same thing happened decades ago in a Marcos regime in the Philippines. To
just be absolutely honest, there are still several individuals who consider that President Marcos'
government benefited Philippine economy. It was actually referred by some as the "golden age."
Many commenters have noted in a 2016 New York Times article that "the Philippines was the
leader of Asia" at that moment, "living was easier under Marcos," and "the economy was
thriving." The formative days of the Marcos government did actually see decent economic
growth. The annual GDP growth rate, essentially approximately defines a nation's yearly
revenue, was close to 6% between 1972 and 1980 (Human Rights Violations’ Victims Memorial
Commission, 2021). This would be advantageous since, generally speaking, or at least in theory,
creating substantial economic growth is a necessary but inadequate condition for improving
salaries and expanding the number of employment available to the general public. However, the
Philippines' worst post-war economic downturn or recession occurred in the early 1980s, which
was predictable but still disastrous. For over a period of two years, from 1984, the economy's
productivity deteriorated by 7.3%, and indeed the GDP per person, which could be interpreted as
the average Filipino salary, fell by such a staggering 9.4%.

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 Considering upon how devastating the downturn went, it required the nation more than
20 years to revert toward its 1982 GDP per capita baseline. In 1982, the GDP per person
amounted roughly $48,000. This went through a dramatic decline in the waning years of the
authoritarian rule as a consequence of the economic crisis, and so it did not bounce back until
2003. These so-called "lost decades of growth" are a prime illustration of how the Marcos
administration negatively impacted the economic security of the Filipino people.

Figure 3. Loss of Economic Development in Marcos Regime

The economic collapse caused by the Marcos administration also had a significant
negative impact on the direction of our country's economy. Filipinos would be wealthier now if
we hadn't diverged from the ASEAN neighbors' economic performance. However, according to
the estimations from Punongbayan, Professor Manuel Albis of the University of the Philippines,
as well as other sources, the country's per-person income should have been three to four times
larger than what they are currently. In regards to average income, it would have ranked us near
the forefront of the ASEAN community. Overall, the Marcos regime did the most damage to the
Philippine economy. By dragging the economy to its knees and changing the direction of our
country, Marcos was able to "steal" our future incomes. Speaking of stealing, one factor on the
disastrous economic performance of the Philippines during his time that affected the lives of
millions of Filipinos back then, up to now and for the decades to come is, he holds the Guinness
World Record under his name, “Greatest Robbery of a Government” that is said to be amounting

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to $5 billion to $ 10 billion, and is noted that this record of him has yet to be beaten. Though the
total amount or let’s say it is hard to trace back and pin the exact extent of corruption under his
administration especially the years of martial law, they started by taking over the businesses of
their political rivalled family, the Lopezes. In addition to that, Meralco was taken over as well by
Kokoy Romualdez, brother of Imelda Marcos who poorly handled and wrecked the company's
financial resourcesThrough reality, Meralco financed for Imelda's birthday bash in Leyte in
1974, and indeed the firm's caterers, alongside employees, silverware, and porcelain, have been
carried there from Manila by a private plane owned by Meralco. Also held at the Meralco
Theater was Imee Marcos' fictitious UP Law graduation ceremony. Marcos' nomination of
significant buddies to dominate large corporations, something he accomplished simultaneously
suppressing the opposition, laid the foundation for so-called "cronyism." Additionally, Marcos
routinely released presidential decrees which gave his friends preferential treatment. For his
manufacturing enterprises that generated beer and cigarettes, Lucio Tan, for instance, was able to
negotiate favourable terms with Marcos. Those renowned duty-free shops were owned and run
by retail moguls Benny and Glecy Tantoco. Perhaps the most well-known of them was the coco
levy, which was effectively a tax Marcos levied on the coconut sector by executive order. The
proceeds from the coco levy, which totaled around P93 billion, were ostensibly intended to
enhance the welfare of coconut growers. In the end, the Marcoses and people of their caliber
stole the most of it. A lot of it happened including how he bankrupted the central bank, their
excesses including the boxes and bags they brought when they flew to Hawaii, including cash,
tiaras, necklaces, brooches and earrings. You can't hold former president Cory Aquino
responsible for hastily authorizing the formation of the Presidential Commission on Good
Government (PCGG), whose main responsibility was to retrieve the Marcoses' illicit assets, after
EDSA and immediately following the Marcos rule. The PCGG has recovered P171.4 billion as
of 2017. Meanwhile, President Duterte, a staunch supporter of the Marcoses, wants to dismantle
the PCGG even though their work is far from over.

The opposite occurred in Myanmar, where Aung San Suu Kyi, their former leader, was
overthrown by ethnic military groupings that organized a military coup d'etat to do so. The
ethnic military organizations wanted him gone after he was found guilty of corruption. Military
tribunal in military-run country, Myanmar, convicted overthrown leader Aung San Suu Kyi
guilty of corruption on December 30, 2022, and condemned her to seven years in jail as that of

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the culmination of a series of criminal proceedings involving her, as per The Associated Press
(2022). In addition, she was found guilty of sedition, unlawfully importing and possessing
walkie-talkies, breaking the country's official secrets legislation, illegally possessing walkie-
talkies, and violating coronavirus prohibitions. The military government has consistently refused
all of her meeting requests, including those from the Association of Southeast Asian Nations,
which is attempting to mediate a resolution to the Myanmar situation that certain U.N. Because
of the armed resistance to military control, experts have classified the situation as a civil war.

Human Rights. After a military takeover in February, the situation in Myanmar for
human rights drastically worsened. Thousands of people who protested the military takeover
were arrested and over a thousand were slain by security forces. There have been numerous
reports of detainee mistreatment. Tens of thousands of people were forcibly displaced as a result
of armed conflict, including military strikes against civilians and civilian objects as well as
indiscriminate attacks against civilians. Similar sizeable populations were still homeless as a
result of earlier strife or bloodshed. People in violent conflict zones lacked access to basic
amenities, such as schools, hospitals and public markets and in certain places the military
prevented the distribution of humanitarian aid. The military used sexual violence against women
and girls. Children's right to an education was denied. In their absence, military tribunals
executed dozens of defendants. By using deadly force against protestors, using live fire, water

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cannons, rubber bullets, tear gas, and other methods, the military administration violently put
down opposition to their February coup.

Figure 4. Myanmar Junta’s Violent Crackdown (2021)

As a direct result of the coup, 459 individuals had been killed as of March 28 and 2,559
had been detained, accused, or condemned in the nation. However, on December 4, a monitoring
organization, the Assistance Association for Political Prisoners, estimates that 1,303 people have
died since February 1 while a total of 7,750 have been detained, accused of crimes, or sentenced.
Additionally, 11,289 people were captured by them. Both demonstrators and bystanders died.
Upon reviewing over 50 video footage of the ongoing wave of violence on March 10, Amnesty
International came to the conclusion that the military had used fatal techniques and equipment
intended for the purpose of war against unarmed protestors in cities and towns throughout the
nation. The military authorities also targeted workers, civil servants, and union members who
participated in demonstrations calling for a return to democracy. Trade union officials and
employees were among those detained and slain, while workers were coerced and frightened into

returning to work.

Figure 5. Monthly Death Rate in Myanmar

Since a coup put an end to a decade of shaky democracy and sparked protests that forces
violently put down, chaos has engulfed Myanmar. The report claimed that Russia had provided
drones, two different fighter jets, and two different types of armored vehicles, one of which had
air defense systems. Serbia's foreign ministry denied providing arms in a statement and claimed

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that since Myanmar's military coup it had "examined the new situation very carefully and in
March last year made a decision not to deliver weapons to this country either under previously
concluded agreements or new export requests." According to the report, China delivered fighter
jets while Serbia sent artillery and rockets. While China has urged an end to hostilities in
Myanmar, Russia has been the generals' closest diplomatic ally amid efforts by the West to
isolate them.

Numerous individuals had been unlawfully taken into custody and incarcerated, countless
individuals had been brutalized, as well as thousands of individuals had been brutally killed
mostly during nine-year military regime placed by then-President Ferdinand Marcos in 1972.
These infringements of international humanitarian law as well as serious breaches of human
rights too, were exposed. During the period of martial law (1972–1981) as well as the residual
period of President Marcos' presidency, Amnesty International substantiated a number of
breaches of human rights which further made it abundantly obvious a structure of routine arrests
and detainment, mass killings, forced enforced disappearances, as well as inhumane treatment of
individuals who had been criticizing the government or assumed to be political opponents.
Among the various organizations of civil society which have detailed similar transgressions of
global law and human rights while martial law had been in power includes the Task Force
Detainees of the Philippines and the Foundation for Worldwide People Power. Throughout a
journey to the nation in 1990, the UN Working Group on Enforced or Involuntary
Disappearances likewise delivered a critical assessment to the then-Human Rights Commission.

In addition to their similarities is the highest peak of crime rate during these times. In the
Marcos regime, especially when he started implementing martial law, the crime rate in the
country stressfully increased.

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 Figure 6. Number of Victims of Human Rights Violations from 1969 to 1986

Throughout 1969 and 1986, the Task Force Detainees of the Philippines (TFDP)
monitored a minimum of 9,000 instances of violations against human rights. This quantity of
individuals who experienced human rights violations progressively increased throughout the
duration of the 17-year timeframe. There were merely 16 documented fatalities in 1972, a year in
which Martial Law was imposed. The majority of casualties exploded with in two years prior to
EDSA People Power, in 1984, after 1,808 victims were reported, and in 1985, where 3,124
victims were disclosed. Additionally, it was the year with the most victims reported in the
previous 17 years.

Figure 7. Breakdown of Human Rights Violations Victims by Type of Violation from 1969 –
1986

Majority of abuses of human rights encountered by the victims included imprisonment or

custody with 56%, followed by salvaging with 13% and massacre with 10%. The residual 21%,
were subjected to imposed or untruthful surrenders (13), physical aggression (165), frustrated
massacre (159), destruction of private property (130), violent dispersal (93), removal (90),

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frustrated salvaging (73), hamletting (17), harassment (424), disappearance (402), demolition
(3), and other frustrated murder (1).

Press Freedom. Since the media serves as both a source of information for the public
and a watchdog on the government, a functioning democracy must have a free press. Knowing
the significance of the media, Marcos took special care to deprive them of any power when he
declared martial law. Ferdinand ordered Letter of Instruction No. 1, authorizing the troops to
seize the properties of the nation's mainstream news businesses, on September 22, 1972. Marcos
defended the decree by stating that it has been implemented to prohibit the misuse of privately
operated media against the administration. Prior to the imposition of martial law, some 8,000
people—including senators, civil libertarians, journalists, students, and labor leaders—were
forcibly detained and taken into custody. Instead of holding the late President Marcos
accountable, the Duterte administration accorded him a hero's burial in 2016 complete with full
military honors.

The same applies to Myanmar's freedom of expression. The military government made
changes to the Penal Code, making it illegal to criticize the government in words as well as in
deed. These included the insertion of Section 505(a), which made it unlawful to make statements
intended to "cause terror" or propagate "false news" and to "commit or agitate, directly or
indirectly, a criminal act against a government employee." 189 individuals had been found guilty
under Section 505 as of December 31. (a). AAPP reported that at least 1,143 more people in
custody were awaiting punishment and that warrants had been issued for 1,545 more people,
including under Section 505(a), which carries a term of up to three years in prison. The military
authorities regularly ordered massive internet and telecommunications shutdowns, violating the
right to free expression. Military operations caused the suspension of internet and WiFi services
as well as, in certain cases, the disruption of mobile phone networks in locations such as Hpakant
Township in Kachin State, Chin State, and the regions of Sagaing, Magway, and Mandalay. This
substantially impeded communications, particularly those regarding human rights violations by
security forces, which negatively impacted humanitarian efforts. The military administration
revoked the licenses of eight media organizations, and at least five independent news

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organizations were shut down. Three foreign journalists were among the 98 journalists who were
detained after the coup.

Military Coup vs Martial Law. Myanmar is experiencing a military takeover (Burma).

When the commander of the army in chief arbitrarily seizes power over the country, it is known
as a military coup. Different on how martial law is implemented in the Philippines. The
President, Marcos Sr. used his position as the commander – in – chief to take over the country
using his “men”, the military people. Though the origin differs, but the military power’s
existence never failed to oppress both nation.

SUMMARY

Two Southeast Asian countries may differ to culture, customs and beliefs but one factor
links each other, is that these two countries both suffered and is still suffering from the effects of
Martial Law. Though Myanmar is a military coup compared to Philippines who experienced
martial law, they both experienced to be oppressed, they both lost their freedom, the economic
performance both suffered, and most especially, the number of death tops it all.

The following themes arose from differentiating and contrasting the experience of these
two Southeast Asian countries:

Similarities

a. Economic Decline: Both countries were left behind after suffering from martial law, Myanmar
and the Philippines drastically changed during and after this implementation, loss of jobs are a
threat to economic downfall, especially in Myanmar as it is still experiencing military takeover.
Two countries’ GDP extremely failed during those years.

b. Deprived Human Rights: There is no doubt that the human rights of the Burmese and Filipinos
were forgotten while there was a military takeover, this is because the military abused their
power. They used the power they had to do what they wanted, reports of human rights violation
as well as numerous crimes existed and is still existing in these two countries.

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c. Freedom No More: From mass media to freedom of expression, all are declined and removed
during military ruling. They knew that if the media had the access to report everything they
observe and see, they will fail from their true motive. The freedom of people to talk, the freedom
to actually live normally changed as to what the government say so.

Differences:

a. Military Coup vs Martial Law: Both countries experience military ruling or takeover, but the
origin of power differs. Myanmar experienced military coup when the ethnic army and other
groups rejected the government and took over the power, whilst the Philippines experienced
martial law in a way that the President, the commander – in – chief imposed the ruling.

b. Corruption: Both countries have corruption that existed in the government, the Marcos
Regime especially during martial law withholds a Guinness World Record that proves it,
meanwhile in Myanmar, the ousted leader was convicted of corruption and is the reason of
military coup d’etat and now the military ruling in their country.

CONCLUSION

The question is, with another Marcos regime in the Philippines, what are we expecting
from it, are we going to be with Myanmar who is now suffering from their government?

It is almost inevitable that the ruling dynasty that was expelled from the presidency 36
years ago due to allegations of heinous brutality and greed will return Malacanang. For those in
the Philippines who have battled for justice for the wrongdoings committed under the former
Marcos regime, it is a shocking setback. The Marcos family is accused of stealing money from
the government coffers, although they have never expressed remorse for these wrongdoings or
repaid a significant amount of it. The techniques used by Ferdinand "Bongbong" Marcos Jr. are
amazing. What effects will this have on the 110 million Filipinos who call that country home as
well as on their standing in the world? We can only watch to see where this leads.

RECOMMENDATIONS

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A. The people power revolution ended the Philippines suffering from martial law, Burmese may
take this into consideration.

B. The people of these two countries, especially the Philippines who let another Marcos
administration, should critique their ruling and don’t let another years of suffering happen.

C. Future researchers may use this study as a guide towards studying particular aspects of martial
law implementation as the study provides a general overview towards the military ruling of the
two countries. It is suggested to further investigate the power of martial law as a solution to a
country’s problem and how it is taken advantage by the government.

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