In Germany, there is a punitive memory law that criminalizes denial of the holocaust.
Is it time for the Philippines to pass its own memory law that would prohibit denial of the atrocities of the Marcosian Martial Law?
Lawyers Raphael Pangalangan, Gemmo Fernandez, and Ross Tugade discussed it in their 2018 paper, "Marcosian Atrocities: Historical Revisionism and the Legal Constraints on Forgetting."
"There are a number of circumstances that need to align, the stars need to align," said Pangalangan, describing the decades worth of legislations and jurisprudence that recognized the atrocities and even institutionalized recovery and reparation.
It was only in 2013 when the late former president Benigno "Noynoy" Aquino III passed into law Republic Act 10368 that created the Human Rights Victims Claims Board.
"I could imagine how difficult the road must have been to even have that law proposed in the first place. The fact that there is the HRVCB is nothing short of a miracle," said Tugade.
While a memory law has many free speech implications, Fernandez said it's still up to Congress if it will have a strict or tempered version, but "these kinds of laws prohibiting denial of atrocities could pass consitutional muster."
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