Legal opinion on Cordillera gov’t resolution for ‘tokhang ‘ against ‘left-leaning’ media, groups
>> Saturday, March 6, 2021
EDITORIAL
The Regional Law Enforcement Coordinating Committee of the Cordillera Administrative Region (RLECC-CAR) has issued RLECC-CAR Resolution No. 04 S 2021 directing the conduct of “Oplan Tokhang” style operations against “left leaning personalities in government, media and other entities.”
According to National
Union of Peoples Lawyers (NUPL) secretary-general Ephraim B. Cortez, this resolution
is patently illegal and unconstitutional for the following reasons:
1.It profiles “left leaning personalities” as “supporters” or “active members of CPP-NPA-NDF” or any of its “front organizations.” This is a brazen act of red-tagging that threatens the right to life, liberty and security of these individuals.
1.It profiles “left leaning personalities” as “supporters” or “active members of CPP-NPA-NDF” or any of its “front organizations.” This is a brazen act of red-tagging that threatens the right to life, liberty and security of these individuals.
2.It equates the
causes and advocacies of these “left leaning personalities” to “insurgency,”
“Marxist-Maoist inspired rebellion” or security threats that may be addressed
by law enforcement authorities, in violation of the fundamental right to due
process.
3.It authorizes law enforcers to intrude into the homes of activists and critics, and to interrogate and coerce them to “return to the fold” of law. This witch-hunt will result in serious transgressions of the right to privacy, right to personal liberty and the right against self-incrimination.
4.It sanctions the violation of the constitutionally guaranteed freedoms of expression and of association by enabling law enforcers to harass, intimidate and threaten critics and activists from pursuing their advocacies. It exposes those who will refuse to cooperate to harsher police action and acts of reprisal in the form of trumped-up charges or nuisance suits.
5.It rests on the erroneous premise that the “insurgency problem” will be addressed by stifling dissent and infringing upon liberties using the same operational measures that have resulted in the extrajudicial killings of suspected drug offenders.
7.It will foster impunity, as it provides a license or legal basis for law enforcers to blatantly violate human rights.
With this, we urge the RLECC-CAR to take a second look at the resolution before presenting it to the Cordillera Peace and Order Council.
Or better yet, just scrap it and throw it into the trash can.
3.It authorizes law enforcers to intrude into the homes of activists and critics, and to interrogate and coerce them to “return to the fold” of law. This witch-hunt will result in serious transgressions of the right to privacy, right to personal liberty and the right against self-incrimination.
4.It sanctions the violation of the constitutionally guaranteed freedoms of expression and of association by enabling law enforcers to harass, intimidate and threaten critics and activists from pursuing their advocacies. It exposes those who will refuse to cooperate to harsher police action and acts of reprisal in the form of trumped-up charges or nuisance suits.
5.It rests on the erroneous premise that the “insurgency problem” will be addressed by stifling dissent and infringing upon liberties using the same operational measures that have resulted in the extrajudicial killings of suspected drug offenders.
7.It will foster impunity, as it provides a license or legal basis for law enforcers to blatantly violate human rights.
With this, we urge the RLECC-CAR to take a second look at the resolution before presenting it to the Cordillera Peace and Order Council.
Or better yet, just scrap it and throw it into the trash can.
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