Dictators and corruption: How the Marcos restitution shapes international debate

President Aquino empathetically used his 4th SONA to reiterate his steadfast conviction that the elimination of corruption is imperative to bring inclusive development to the Philippines, and underlined his government’s commitment to “walk the talk” in promoting good governance, accountability and the rule of law.

 The signing into law earlier this year of the “Human Rights Victims Reparation and Recognition Act” is clear proof of this commitment. It was also the culmination of a long process that started with the removal of former dictator Ferdinand Marcos in 1986. After perpetrating widespread human rights abuses and pilfering billions of dollars during his more than two decades in power, much of the funds pocketed by Marcos and his cronies ended up in countless international investments and offshore accounts. The Swiss government quickly complied with the Philippine request to block the Marcos funds located in Switzerland.

 Breaking new ground in confiscating corrupt assets and returning them to the rightful owners, Switzerland and the Philippines closely worked together to repatriate the funds. In 1997, the Swiss SupremeCourt gave the green light for the return. Invoking international agreements, it held that one-third of the funds had to be allocated to the Marcos era human rights victims. Confirming that the funds frozen in Switzerland were illegally begotten, the Philippine Supreme Court cleared the release of the money in 2003, by then no less than $ 684 million including accrued interest. This also meant that more than $ 220 million could be allocated for the compensation of the human rights victims once the respective law was enacted.

 The Reparation and Recognition Act is in many ways a pioneering piece of legislation. It formally acknowledges the illegality of the human rights abuses perpetrated during the martial law period, and serves as a strong signal against impunity. The law also offers moral recognition as well as substantial monetary compensation for the Marcos human rights victims. Even more importantly, these payments are made from the corrupt funds sequestered from the former dictator. It is difficult to imagine a more fitting example of “poetic justice”.

 The Philippine-Swiss cooperation was also pioneering the way the international community deals with the restitution of corrupt funds. It served as reference for the UN Anti-Corruption Convention and shaped its chapter on asset recovery. And it was the first of a growing number of cases where defrauded moneys diverted by dictators were blocked and returned to the countries where they were pilfered. Thus the Philippine-Swiss way of dealing with the Marcos case not only brought recognition and compensation to the human rights victims in the Philippines. Equally important, it decisively shaped the international debate, and brings hope and the legal means to the people in former and existing kleptocracies where human rights are violated and state coffers plundered. On Monday, President Aquino resolutely reiterated his government’s commitment to fight corruption and promote justice. The Swiss government, which has restituted more than $ 1.7 billion in dictator funds over the past two decades, is equally committed to these objectives and ready toshare the experience gained through the Marcos restitution, in cooperation with the Philippines, with the international community.

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(Ivo Sieber is the Ambassador of Switzerland)