Statement of CHR Executive Director, Atty Jacqueline Ann de Guia, on the directive to ban alleged subversive and anti-government publications

Democracy thrives in the plurality of ideas, including critical ones.

The Commission on Human Rights (CHR) noted that the Komisyon sa Wikang Filipino (KWF) has ordered to pullout and stop the publication of five identified books, including future publications, that allegedly contain political, subversive, and creative works bearing subliminal ideologies that may be deemed as anti-government, which may violate Section 9 of the Anti-Terrorism Act on inciting to commit terrorism.

The list of publications KWF seeks to ban include: Tawid diwa sa pananagisag ni Bienvenido Lumbera: Ang bayan, ang manunulat at ang magasing sagisag sa imahinatibong yugto ng batas militar 1975-1979 by Dexter Cayanes; Teatro Political Dos by Malou Jacob; Kalatas: mga kuwentong bayan at kuwentong buhay by Rommel Rodriguez; May Hadlang ang Umaga by Don Pagusara; and Labas: Mga Palabas ng Sentro by Reuel Aguila.

To note, KWF published the works Jacob, Rodriguez, and Pagusara. The work of Aguila was launched by KWF in 2021 as part of a showcase on how the Filipino language may be used for creative and intellectual work. The research of Cayanes was published in 2010 and studies the work of National Artist Bienvenido Lumbera.

We encourage the KWF to study this policy though consultations with relevant stakeholders, as well as to go into a further inquiry on the contents of the said publications. CHR continues to stress that upholding one right should not come at the expense of other rights. A safe and secure country is possible without possible infringements to rights to freedom of expression and speech. Caution must also be exercised in interpreting the provisions of the Anti-Terrorism Act, especially if it may already be overreaching, and results in possible violation of rights rather than protecting them.

Under a democracy, there is value in allowing these publications to be publicly available so they may be be discussed and even challenged openly if necessary. A safe and secure country is where people are also free to express their thoughts in its many possible forms without fear of harm and intimidation. At the same time, we also recognise that freedoms of speech and expression are not absolute and should never be used as cover to violate laws. In the end, upholding the human rights and dignity of all is a delicate balance—an objective that government is expected to undertake with care and without shortcuts.