Manila Govt-Court link criticised by N.Z. lawyer

Press, 1 October 1983, Page 14

Manila Govt-Court link criticised by N.Z. lawyer

NZPA staff correspondent Hong Kong The relationship between the Philippines Government and its Supreme Court was made evident for the New Zealand Law Society president, Mr Bruce Slane, at a function in Manila attended by President Marcos’ wife, Imelda. In an interview in Hong Kong during the seventh Commomwealth Law Conference, Mr Slane described his reactions after staying in Manila for the Law Asia conference earlier this month. He described a function attended by delegates to Law Asia — a non-Govern-mental grouping of law associations from Asia and Australasia — where Mrs Marcos was introduced by an associate Supreme Court Judge. “The introduction amounted to a long speech in praise of Mrs Marcos.” Mrs Marcos is a powerful Government figure in her own right as Governor of Metro Manila, Minister of Human Settlements, and a member of the constitutionally powerful executive committee of the Philippines Government. Mr Slane said a New Zealand judge would never have personally endorsed a politician in such a way. When Mrs Marcos reponded, she referred to the judge’s “generous words,” said Mr Slane.

“She also said, ‘when Chief Justice Fernando really resigns from the Fernando commission, I will be your chief lobbyist for the post’.”

A commission of inquiry into the Aquino killing, set up by the Marcos Government, only sat briefly before its chairman, Chief Justice Enrique Fernando “inhibited himself’ and stood down, pending the result of a legal challenge by Opposition forces who have claimed the commission’s membership was pro-Govemment. Mr Slane said that the

most vivid part of being in the Philippines was living in a State with a controlled press, television and radio. He said that although some foreign newspapers and magazines were available in the business districts of Manila, these were much more expensive than local papers. A recently called-for boycott by the Opposition of strongly pro-Marcos newspapers appeared to be having an effect, according to recent reports from Manila. Mr Slane said that every major television news report quoted the Government source, invariably the President, his wife, or a senior Government politician. "There Was an almost complete absence of criticism of the Government but very full reporting of the Government’s response to criticism,” he said. “It was necessary to read the Government’s answers to work out what the criticism had been.” Mr Slane said that the President had met different interest groups almost every day during his stay in Manila, and that he also had attended a function for the Law Asia delegates. There had been considerable speculation in the Philippines recently as to

the President’s health. “His meeting with us tended to be a one-way exchange,” said Mr Slane. The speech had tended to be a long monologue on the benefits which had come from the period when the Philippines was under martial law, he said.

“He made no attempt to mingle with, or talk to, any of the delegates — even briefly — after his speech, and didn’t even shake hands with anyone.” Referring to Law Asia, Mr Slane said the organisation had developed greatly in the last few years. Among recent moves, Law Asia had arranged for a commissioner to be sent to Pakistan to investigate the independence of the judiciary there.

It could not be said that lawyers were independent if only those which did not engage in political activity were allowed to practise without interference, as was the case in Pakistan, he said. He said that the report of the commissioner, an Australian, Mr R. D. Nicholson, had highlighted the threat to the independence of the judiciary — whose members were poorly paid — of being dependent on public servants for such necessities as housing. The report had been sent to the Pakistan Government for comment. Law Asia had also arranged for a commissioner to go to Sri Lanka in the wake of the communal violence there, he said. The Law Asia conference had passed resolutions condemning the Aquino assassination, expressing sympathy for Mrs Aquino, and condemning the treatment of lawyers by Iranian authorities. The organisation had reached the stage of becoming a “significant voice” said Mr Slane, and had developed particular expertise in the area of energy and development law.