The Commission on Human Rights (Commission) expresses its concern on a number of reports it monitored online regarding some local government units requiring their constituents to pay varying amounts of fees in exchange for a travel pass. This travel pass apparently serves as a permit for the holder thereof to temporarily leave their abodes and travel purposely for, among others, availing essential commodities, particularly food, while the enhanced community quarantine due to the COVID-19 pandemic is in effect.
The Commission recognizes the government’s duty to regulate the citizens’ liberty of movement especially during these perilous times. Concededly, such is a valid exercise of its inherent power to promote public health and public safety, but this can only be so for as long as the measures put in place do not infringe on the exercise of other basic human rights, such as the right to food that is guaranteed by various human rights instruments, such as the Universal Declaration of Human Rights and International Covenant on Economic, Social and Cultural Rights.
To be sure, the Advisory issued by the Department of the Interior and Local Government (DILG) on 20 March 2020 with the subject: Reminders in the Distribution of Relief Goods, Food Packs, Face Masks, Alcohol, Sanitizers and Other Supplies, authorized the issuance of a “gate pass”, or similar documents to be distributed by the barangay or other local government units. Notably, it explicitly provided that such passes are free of charge.
Thus, the practice of some LGUs in exacting a fee for a travel pass directly contravenes the above DILG Advisory. From a human rights perspective, the scheme likewise reduces the entire concept of food as, not a human right, but a privilege that only those who can afford can enjoy. It further discriminates against the impoverished sector of society who is now forced to relinquish more of their hard-earned money just to be able to provide for themselves and their families.
The CHR therefore calls upon local government units to abide strictly with the above-mentioned DILG Advisory regarding the issuance of a “gate pass” or similar documents that provisionally allow residents to travel and attend to their necessities outside their homes. The DILG is also urged to monitor closely its ranks to ensure that people are able to exercise their right to available, accessible and affordable food during this period of emergency.
Issued on this 23rd day of March 2020, San Pablo City, Laguna.