CHR: There should be no ‘blanket restriction’ on basic rights during health crisis
MANILA, Philippines — The Commission on Human Rights on Wednesday reminded that there should be no “blanket restriction” on basic rights and freedom even during a health crisis, as it expressed concern on the “unnecessary show of force” by the police in arresting eight persons during a protest against the anti-terror bill at the University of the Philippines campus Cebu.
“Despite their release, the Commission on Human Rights reiterates our stern reminder that the health crisis does not halt fundamental rights including freedom of peaceful assembly and activism. While protecting health and safety are paramount in this time of the pandemic, there cannot be a blanket restriction on basic rights and freedoms,” CHR spokesperson Jacqueline De Guia said in a statement.
“Carte blanche (complete freedom) application of quarantine restrictions may gravely disadvantage the citizens’ rights while providing broad powers to the State thereby resulting in huge disparity and imbalance tantamount to negating any semblance of democracy,” she said.
De Guia noted that in accordance with international and local laws, restrictions on certain rights must adhere to and be assessed based on legality, necessity, and proportionality to ensure balance in protecting public health while respecting human rights.
“The UP-DND (Department of National Defense) Peace Accord must also be put into consideration in this context. Up until today, this agreement serves as a safeguard to ensure that schools remain as safe spaces for intellectual discussions and tackling social issues and concerns without fear of reprisal or retaliation, which are necessary for a thriving academic environment,” she said.
The CHR official also noted that while enforcing the law is the mandate of the police, standing agreements on protests should be observed so that appropriate measures can be applied in coordination with the university administrators.
She said any alleged violation should be dealt with utmost proportionality, respect to human dignity, and with due accord to civil and political liberties.
However, she also reminded citizens of their obligation to comply with health protocols in the exercise of their rights.
“Basic rights that enable citizens to seek redress for grievances, to contest policies, and to express their opinions are equally crucial in a state of emergency towards a collaborative perspective in addressing the current social, economic, and political uncertainties that beset our society. Continuous free flow of ideas and engagement between the people and the government remains essential in crucial times like these,” she said.
CHR Central Visayas director Arvin Odeon earlier said they have received reports, videos, and photos of alleged maltreatment by the police of protesters during the dispersal. Arrested were three students, four members of progressive groups in Cebu, and a bystander.
The eight arrested were released from detention without bail past 6 p.m. on June 8, or three days after their arrests.
Executive Judge Jenelyn Forrosuelo, also the presiding judge of the Municipal Trial Court in Cities Branch 4, explained there was no need for them to post bail since the filed cases were for a summary procedure.
Despite this, the CHR will still continue its investigation on the matter, according to De Guia.
