CHR : Red-tagging of labor groups violates presumption of innocence

MANILA, Philippines — The Commission on Human Rights (CHR) has warned government agencies that tagging labor groups as members of communist or terrorist movements violates the constitutional provision on the presumption of innocence.

CHR Spokesperson lawyer Jacqueline de Guia said on Wednesday that these allegations should be proven first before “fair and competent” courts.

“Labelling groups before an objective judgment violates the Constitutional guarantee of presumption of innocence and may have serious implications on the security and movement of individuals and groups involved,” De Guia said in a statement.

“Pending the result of an investigation, we strongly caution the government against terrorist and/or red tagging of groups. Such allegations need to be tried before fair and competent courts,” she added.

According to the Bill of Rights, found in Article III, Section 14(2) of the 1987 Constitution, in all criminal courts, the accused “is presumed innocent until the contrary is proved”.

De Guia’s warning was issued after the CHR held a dialogue with members of labor and cause oriented groups Kilusang Mayo Uno (KMU), Kadamay, Karapatan, and other members of workers’ unions at the agency’s Quezon City central office on Tuesday.

De Guia said the groups aired their concerns about alleged harassment and red-tagging in different parts of the country, which they claimed to have affected their right to organize and peacefully assemble.

De Guia assured the groups that the CHR will look into the allegations. She added that government agencies can substantiate the accusations by going to courts.

“These reports have been received and shall be endorsed to the respective Regional Offices of the CHR that cover these areas under their jurisdiction,” De Guia said.

“The Commission agrees that crimes should be punished for they violate an array of rights. However, pursuing justice should be done within the bounds of law lest authorities be the first ones to violate our rights,” they added.

Recently, Armed Forces of the Philippines (AFP) Deputy Chief of Staff for Civil-Military Operations Brig. Gen. Antonio Parlade Jr. said that they have “truckloads” of evidence to prove that the KMU, Kadamay, Karapatan, and other party-list groups now in the Congress have ties to the Communist Party of the Philippines (CPP).

Bayan Muna Rep. Carlos Zarate however, urged Parlade to file cases in court against these groups. /muf

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