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Statement of Commissioner Karen S. Gomez Dumpit, Focal Commissioner on the Human Rights of Older Persons, on the Issuance of the DILG Memorandum Circular on the Mobility of Older Persons in Quarantine Situations

In behalf of older persons, we commend the Department of the Interior and Local Government (DILG) in adopting a rights-based and non-discriminatory policy that respects the freedom of movement of older persons in areas under community quarantine and, at the same time, installs protective measures for older persons.

In adopting a human rights-based approach, the DILG does not only tackle the content of public health and human rights in the comprehensive response to the COVID-19 pandemic, but it also demonstrates the process in developing the policy as it was undertaken in collaboration with Older Persons through non-government organisations, such as the Coalition of Services for the Elderly, the Confederation of Older Persons Associations in the Philippines, and the Seniors sa Panahon ng COVID. It has also consulted government agencies, such as the National Anti-Poverty Commission and the Commission on Human Rights.

Memorandum Circular No. 2020-110, issued on 17 August 2020, reiterates the IATF-EID Guidelines which states that, among others, in strict quarantine situations (i.e. Enhanced Community Quarantine), older persons may still go out of their residences if the purpose is to obtain essential goods and services or for essential work and permitted activities. It mandates all local government units (LGUs) and the Philippine National Police to respect the freedom of movement of older persons, pursuant to the IATF-EID Guidelines. It further mandates peace and order frontliners to allow older persons to cross borders for medical and/or humanitarian purposes in areas under Enhanced Community Quarantine (ECQ) and Modified Enhanced Community Quarantine (MECQ); while in areas under General Community Quarantine (GCQ) and Modified Community Quarantine (MGCQ), crossing borders will be allowed for any purpose other than leisure. It clarifies that older persons may enter commercial establishments especially those providing essential goods and services. It further clarifies that individual outdoor non-contact sports and other forms of exercise are allowed under MECQ, GCQ, and MGCQ, provided minimum health standards are observed.

We emphasize that these rules do not undermine the risks for older persons of contracting COVID-19 when going outside their residences because it balances the need to protect everyone against the disease while respecting the various circumstances that different older persons are in. It recognises that not all older persons have people to rely on to go outside to procure basic needs and that some older persons need to go out to maintain their physical and mental health and well-being. We further emphasize that the responsibility to curb the transmission of COVID-19 and to protect themselves rests not just on older persons but on every person in this country regardless of age.

Equally important are the provisions in this Memorandum Circular that mandates the Offices of Senior Citizens Affairs (OSCAs) to set up hotlines and help desks for queries and complaints of older persons, which is in line with the Expanded Senior Citizens Act of 2010. The policy issuance also mandates the OSCAs to proactively monitor older persons at risk for violence and abuse and to ensure suspected or alleged incidents are reported to the Department of Justice, the Public Attorney’s Office, and/or the Commission on Human Rights (CHR). We reiterate that older persons, whatever circumstance they are in, have the right to live a life of dignity, free from abuse, violence, and neglect. The CHR is committed to act on reports of suspected or alleged cases of abuse, violence against or neglect of older persons.

The Memorandum Circular also mandates the OSCAs to maintain a database of older persons with information on their risk factors with respect to COVID-19 and the restrictive but necessary measures being implemented to curb it. We emphasise that these information are critical in ensuring the local government chief executives and the national government implement social protection and health measures that are responsive to the situation of older persons who are underprivileged, marginalised, and vulnerable during this public health crisis.

Lastly, the Memorandum Circular enjoins LGUs to designate the OSCAs to be included in the respective “LGU Task Force Against COVID-19,” which will ensure that older persons are represented in the strategizing and planning of the LGU in responding to the crisis.

We enjoin all LGUs to ensure the dissemination of this circular and monitor its implementation on the ground to guarantee the respect, protection, and fulfilment of the rights of older persons in this public health crisis.

See the full Memorandum Circular No. 2020-110 here: https://www.dilg.gov.ph/PDF_File/issuances/memo_circulars/dilg-memocircular-2020818_7c9bb499da.pdf (https://www.dilg.gov.ph/PDF_File/issuances/memo_circulars/dilg-memocircular-2020818_7c9bb499da.pdf)

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