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Statement of CHR spokesperson, Atty. Jacqueline Ann de Guia, on the government’s increasing efforts to pursue activists

Activism as a means to bring about social change is a crucial facet of a democracy. It can be manifested through demonstrations and protests to contest an issue or advocate for a cause. It is a Constitutionally-protected right, especially when used to petition the government for redress of grievances.

With talks to revive the anti-subversion law, we strongly warn the government of the possible dangers of framing activism or merely having a contrary opinion as an automatic expression of wanting to overthrow the government. This is a very limited view of how a democracy works.

We also equally stress the grave implications of red tagging—labelling groups and individuals as left-learning, subversive, or as communist-terrorists for merely expressing dissent—and this seeming practice of using red scare to discredit legitimate grievances.

We remind the government that mere association—in this case, to any leftist organisation—is not a crime. And being part of an organisation and believing in the principles they espouse is an exercise of the right to freedom of thought, assembly, and association and may affect all other rights when curtailed, such as the right to free speech, expression, and movement among others.

But, at the same time, should there be any wrong committed in furtherance of a belief, there are already laws in place that penalises these acts.

Echoing a Supreme Court ruling in Centeno v. Villalon-Pornillos, the freedom to believe is absolute, but the freedom to act can be a subject of regulation, especially for the protection of society.

In this case, the participation of the youth in protests fall within the protection of the Constitution. Even the Convention on the Rights of Child, urges the State to protect those capable of forming their own views in expressing them, including the right to seek, receive, and impart information for as long as they are within bounds of law and continues to be respectful of the rights or reputations of others.

In the end, the best response to dissent is to effectively address legitimate grievances, and demonstrate that the government is working to the best interest of every Filipino, thereby also dispelling any call to topple any administration.

We cannot have a government that operates merely on suspicion and disadvantages its citizen for exercising a right that they are entitled to. There must always a balance between upholding national security and respecting human rights. Laws are set to protect our rights—not violate them. ###

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