WE SUPPORT Senate Bill (SB) No. 2121 filed by Iloilo’s Sen. Franklin Drilon penalizing state actors who practice red-tagging. Along with the recent statement of the Supreme Court on attacks on lawyers and judges, we fully welcome this bill as a positive initiative that hopefully can help reverse the trend of the constricting civic and democratic spaces because of red-tagging.
Alarmed by the rising cases of red-tagging, the Senate Minority Leader proposed a measure that will make red-tagging punishable by up to 10 years in prison and disqualify persons convicted of red-tagging from holding public office.
Initiatives like Senator Drilon’s Bill should be encouraged and supported especially in a context where human rights are attacked, and fear and insecurity constantly loom. The dangerous practice of red-tagging has victimized various organizations and individuals. We hope our lawmakers treat this Bill as a very urgent piece of legislation.
Red-tagging short circuits the fundamental process of democratic discourse and violates due process especially as it curtails, among others, the freedom of expression and freedom of association guaranteed in the Bill of Rights of our Constitution. It is thus unfair for any person or civil society organization to be red-tagged.
SB 2121 or the proposed “Act Defining and Penalizing Red-Tagging” seeks to criminalize red-tagging and provide for penalties as deterrence “in order to fix the legal gaps, address impunity and institutionalize a system of accountability.”
Under the measure, the crime of red-tagging is defined as the act of labeling, vilifying, branding, naming, accusing, harassing, persecuting, stereotyping, or caricaturing individuals, groups, or organizations as state enemies, left-leaning, subversives, communists, or terrorists as part of a counter-insurgency or anti-terrorism strategy or program, by any state actor, such as law enforcement agent, paramilitary, or military personnel. Any person found guilty of red-tagging shall be imprisoned for 10 years and shall suffer the accessory penalty of perpetual absolute disqualification to hold public office.
The passage of this bill should reverse the increasingly institutionalization and normalization of human rights violations.
The continuing governmental public branding has threatened the very life, liberty and security of the vilified men and women. It has resulted in serious human rights violations such as harassments, arbitrary arrests, detentions, and enforced disappearances. In some instances, being red-tagged is a prelude to death.
Senator Drilon’s measure should likewise serve as a reminder to the government of its primary duty under the Constitution to serve and protect the people.
