A group of human rights lawyers has condemned a resolution of the Department of the Interior and Local Government (DILG) in Kalinga province which requires non-government organizations (NGOs) to secure permits from local government units (LGUs) before doing any of their activities.
“Requiring these organizations to secure permits from the LGUs before they can implement their projects, programs, and activities has no basis in law,” the National Union of Peoples' Lawyers (NUPL) said in a statement.
“It flagrantly curtails freedom of association in contravention of both domestic and international law,” NUPL pointed out.
Assailed by NUPL was Resolution No. 2023-04 that was issued by DILG’s Kalinga Provincial Task Force to End Local Communist Arm Conflict (PTF-ELCAC).
“LGUs in Kalinga must reject PTF-ELCAC Resolution No. 2023-04 and the Philippine government’s continuing policy of shrinking civic space and infringing upon civil liberties in the guise of countering terrorism and maintaining peace and order,” it said.
It noted that the resolution strongly urged “all city and municipalities of the province to require all entities ‘representing themselves as NGOs’ to secure permits from the concerned LGUs before conducting their activities.”
It said the objective of the resolution is “to purportedly ensure that the programs, and activities of these NGOs are aligned with the LGUs’ respective development plans.”
The NUPL pointed out that “23 sectoral organizations of human rights defenders, teachers, health workers, journalists, women, youth, farmers, development workers, and lawyers based in the Cordillera and Kalinga, including local chapters of the NUPL, are red-tagged, referred to in the resolution and enumerated in an attached Philippine Army (PA) memorandum as ‘Sectoral Front Organizations.’”
The group reminded DILG Kalinga and the PA that under Section 8 of the Bill of Rights, “the right of the people to form associations should not be abridged.”
It also cited Section 22 of the International Covenant on Civil and Political Rights that “the Philippine government is likewise mandated to refrain from placing any restrictions on the exercise of freedom of association ‘other than those which are prescribed by law and which are necessary in a democratic society in the interests of national security or public safety, public order, the protection of public health or morals or the protection of the rights and freedoms of others.’”
At the same time, it said: “Furthermore, pursuant to the UN Basic Principles on the Role of Lawyers, lawyers, like other citizens, are entitled to freedom of expression, belief, association and assembly. In particular, they have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights and to join or form local, national or international organizations and attend their meetings, without suffering professional restrictions by reason of their lawful action or their membership in a lawful organization.”
Thus, it said, “NUPL lawyers in Kalinga and Cordillera should not be prevented from pursuing their programs in their communities, the most needed of which are their legal services to poor litigants and victims of human rights violations.”
“Making the work of civil society adhere to the development plans of local governments does not justify the curtailment of freedom of association. It stifles their crucial role of providing a platform for citizens to express their views, participate in public discourse, hold the government accountable, and champion causes that advance social progress, such as human rights, environmental protection, and social justice,” it added.