In the spirit of a just and humane society, Citizens’ Disaster Response Center Foundation, Inc., along with its network of civil society organizations which constitutes humanitarian and development agencies, faith-based groups, academic institutions, and community-based organizations, stand united with the public’s appeal to the Supreme Court to uphold the constitution and to protect its citizens by invalidating the Anti-Terrorism Act of 2020. We express grave concern on the highly-contested and swift passage of R.A. 11479 amidst the increasing humanitarian needs and mounting concerns of marginalized communities during a health emergency and impending economic crisis.
Our duty bearers are accountable to policies that should put a premium on basic social welfare, aid, and development. In times of emergencies, it is just fitting that the public, development workers, and civil society organizations weigh in the government’s priorities and question if policies are context-specific and attuned to the needs of the most marginalized and those with least access to aid.
Civil society organizations represent the sentiments of the most marginalized. We have been working with government line agencies, humanitarian and development partners, and communities for programs under the RA 10121 or the National Disaster Risk Reduction and Management Law, especially for providing disaster preparedness and prevention, relief, recovery, and rehabilitation programs. It is within our mandate to voice out development concerns of the disenfranchised, minorities, and those with the least opportunities to overcome poverty; and to ensure that their needs are made known to government institutions to inform policies and to optimize public resources to respond to such needs.
As Disaster Risk Reduction practitioners, we believe that vulnerable population in pandemic situations should not be exposed to hazardous policies that are mired with issues of inconsistencies with the Philippine constitution and with high-risk of curtailing basic civil liberties with its broad provisions that fall short on the guarantees of human rights safeguards.
The United Nations High Commissioner for Human Rights Michelle Bachelet has recently raised her concern on the R.A. 11479, stating that “the law could has a chilling effect on human rights and humanitarian work, hindering support to vulnerable and marginalized communities.”
UNHCR cited a report (June 4) which found that the Philippine government’s “heavy-handed” measures and emphasis on addressing national security threats and illegal drugs has led to serious human rights violations, highlighting that rights groups, journalists, humanitarian and development workers, and legitimate organizations are continuously being vilified and indiscriminately “red-tagged”. Moreover, the Anti-Terrorism Act of 2020 granted sweeping powers to law enforcers which are prone to misuse and abuse. This speaks volume on the risks of enforcing the R.A. 11479 which would put individuals, organizations, and civil society groups who air legitimate demands of disadvantaged communities at risk to harm.
Section 13 gives broad powers to the implementers of the law in selecting which groups can provide aid without incurring penal liability, and which ones will be burdened by being arbitrarily implicated or vilified or discriminated. This provision goes against the humanitarian imperative and independence of aid providers. Humanitarian Imperative refers to the right to receive and offer humanitarian needs. Section 13 constricts the space for helping people in crisis and ultimately discourages “bayanihan” spirit.
Limitations, whether through forms of bureaucratic burdens or undue persecution, imposed on humanitarian and development actors, and civil society groups are indicative of disregard for legitimate concerns of marginalized communities and denial of immediate assistance for those in need. We stress that humanitarian work is relevant now more than ever, assistance and protection must be made available to all those in need without the threat of politicization.
With the country’s high vulnerability to natural, human-induced or complex disasters, the government needs all the help it can get and should, therefore, foster an enabling environment for the civil society groups to reach out to least-served populace while adhering to the principled community-based approaches in humanitarian and development response.
Limiting democratic spaces for civil society organizations whose autonomy is enshrined in the constitution would undermine future development policies, programs, and gains that are grounded on the basic needs of the most vulnerable in healthcare and social and economic services.
Through decades of humanitarian and development work, CDRC can attest to how much progress can be gained through dialogues and principled engagements between and among communities, civil society organizations, and local government units. At the same time, CDRC has observed how regressive can outcomes turn from disabling autonomy and contribution of civil society groups and individuals, discouraging humanitarian initiatives of the citizenry, discounting recurring grievances of the marginalized groups, restricting democratic spaces, selective application of policies, abuse of authority, and misplaced development priorities.
The most imminent threat we are dealing right now is the lack of access to sufficient aid. Therefore, we urge civil society organizations, government institutions, and the public to pursue truth, accountability, and justice for the most vulnerable Filipinos now and for the next generation. Finally, we appeal to the Supreme Court to account for the risks of the implementation of a highly- contested law, let the humanitarian agenda be at the center of the law of the land, and junk Anti-Terrorism Act of 2020. ###
