Ss WERKE SE
. a

“5,
nD
Republic of the Philippines RECEIVED a
HOUSE OF REPRESENTATIVES DATE:

TIME:
5 |
Second Regular Session

17" Congress

6963

HOUSE BILL NO.

ay,

Introduced by AMIN Party-list Representatives
Makmod D. Mending, Jr. and Amihilda J. Sangcopan

EXPLANATORY NOTE

Hate speech is a new global phenomenon and the Philippines is lagging
behind in terms of promoting and enacting laws that will promote social
cohesion and unity. There is no legal framework in the Philippines existing at
this time to specifically deal with this important issue, although there is
sufficient international legal framework that rejects all forms of hate speech.

If we use international treaties as a yardstick, the Philippines is violating
its treaty-obligations under the International Convention on Elimination on All
Forms of Racial Discrimination (ICERD) and International Convention on Civil
and Political Rights (ICCPR) because we have been remiss in fulfilling our
obligation to provide statutory remedies concerning hate speech.

There have been various general recommendations issued by the
Committee on Elimination of Racial Discrimination for all treaty-parties,
including the Philippines, to pass laws against hate speech. Despite such
issuances, our country has not performed this treaty obligation.

As the world is ever more inter-connected and as the fabric of societies
has become more multicultural in nature, there have been a number of
incidents in recent years, in different parts of the world, which have brought
renewed attention to the issue of incitement to hatred.’ If hate incidents are

1 Par.7, Rabat Plan of Action on the prohibition of advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence, Conclusions and recommendations emanating,
from the four regional expert workshops organized by OHCHR, in 2011, and adopted by experts in Rabat,
Morocco on 5 October 2012.

/\


not tackled quickly and effectively, targeted groups may experience permanent
damage to their self-esteem and sense of belonging within their societies,
increasing their marginalization. Majority communities may gradually become
desensitized to the hostility in their societies targeted against minority groups.”

Hate speech is universally proscribed “because threats and acts of racial
violence easily lead to other such acts and generate an atmosphere of hostility,
only immediate intervention can meet the obligations of effective response.”*
It is essential to recognize how, in the longer term, hate speech and incitement
can endanger social cohesion and create or deepen inter-communal divides
and tensions.*

It should, however, be emphasized that many of the world’s conflicts in
past decades have also — to varying degrees — contained a component of
incitement to national, racial or religious hatred.*

Individuals and groups have unfortunately suffered, e.g. for reason of
their ethnicity or religion, from various forms of discrimination, hostility or
violence. “One particular challenge in this regard is to contain the negative
effects of a manipulation of race, ethnic origin and religion... which are often
instrumentalized for political and electoral purposes.”

The faithful implementation of the International Convention on the
Elimination of Racial Discrimination as a whole, integrated into wider global
efforts to counter hate speech phenomena, represents the best hope of
translating the vision of a society free from intolerance and hatred into a living
reality and promoting a culture of respect for universal human rights.®

The Philippines as treaty party to the CERD is obliged under Article 4 (c)

<chttp://www ohchr.org/Documents/Issues/Opinion/SeminarRabat/Rabat_draft_outcome.paif> [accessed
5 April 2016]

2 Par. 102, UN Human Rights Council, Report of the Special Rapporteur on minority issues, 5 January
2015, A/HRC/28/64, available a: http://www xefworld.org/docid /550829174 html {accessed 4 April 2016]

» Par 2 of the recommendation of the Committee on the Elimination of Racial Discrimination, General
Recommendation 15, Measures to eradicate incitement to or acts of discrimination (Forty-second session,
1993), U.N. Doc. A/48/18 at 114 (1994), reprinted in Compilation of General Comments and General
Recommendations Adopted by Human Rights Treaty Bodies, U.N. Doc. HRI\GEN\1\Rev.6 at 204 (2008). At

<hitp://www1umn.edu/humanrts/ gencomm/ genrxv.htm>[accessed: 4 April 2016).
See Note 8.
‘See Note 7.

Par.9, See Note 7.

Md.

Par. 45, UN Committee on the Elimination of Racial Discrimination (CERD), General recommendation No. 35
Combating racist hate speech, 26 September 2013, CERD/C/GC/35, available at:

‘<http:/ / www.refworld,org/docid /531457db4 htmI> [accessed 4 April 2016).


thereof to implement the provision of the CERD. And “The Committee holds
that States parties must ensure that they observe these obligations and report
on this.”

In the landmark case of Erbakan vs Turkey’ decided by the European
Commission on Human Rights ruled that:

Tolerance and respect for equal dignity of all human beings
constitute the foundation of a democratic, pluralistic society. That
being the foundations. That being so as a matter of principle it
may be necessary in certain democratic society to sanction or
even_prevent_all_forms of expression which spread, incite,

promote or justify intolerance. (Emphasis supplied)

Article 19 (2) of the ICPPR provides for freedom of expression, thus:
“Everyone shall have the right to freedom of expression.” But this is subject to
the limitation in Article 19 (2) (a) and (b) “respect of the rights or reputations of
others” and “for the protection of national security or of public order (order
public), or of public health or morals,” respectively. Additionally, Article 20 (2)
also provides limitations inasmuch as “any advocacy of national, racial or
religious hatred that constitutes incitement to discrimination, hostility or
violence shall be prohibited by law.”

In Item 3, the Committee on the Elimination of Racial Discrimination,
General Recommendation 15, it states that: Article 4 (a) of the ICERD requires
States parties to penalize four categories of misconduct:

(i) dissemination of ideas based upon racial superiority or hatred;

ii) incitement to racial hatred;

(iii) acts of violence against any race or group of persons of another
colour or ethnic origin; cas]

(iv) incitement to such gts.

Thus, this bil) is prop age is earnestly urged.

REP. AMIHI J. SANGCOPAN

CHER, Decision of 6 July 2006, § 56.
‘Committee on the Elimination of Racial Discrimination, General Recommendation 15, Measures to eradicate
incitement to or acts of discrimination (Forty-second session, 1993), U.N. Doc. A/48/18 at 114 (1994),
reprinted in Compilation of General Comments and General Recommendations Adopted by Human Rights
Treaty Bodies, UN. Doc. HIRI\GEN\1\Rev6 at 204-— (2003). At
-<http://www/umn edu/humanrts/gencomm,/ genrxv.htm> visited on 4 April 2016)


10

u

12

13

Republic of the Philippines
HOUSE OF REPRESENTATIVES

Second Regular Session
17" Congress

HOUSE BILL no 8963

Introduced by AMIN Party-list Representatives
Makmod D. Mending, Jr. and Amihilda J. Sangcopan

AN ACT
DEFINING HATE SPEECH AND PROVIDING PENALTIES THEREFOR

Be it enacted by the Senate and the House of Representatives of the Philippines

in Congress assembled:
SECTION 1. Title. - This Act shall be known as the “Hate Speech Act.”

SEC. 2. Declaration of Policy. - \t is hereby declared the policy of the
State to define and punish acts constituting hate speech on the basis of

ethnicity, race and religion.

Section 11 of Article II of the 1987 Constitution of the Republic of the
Philippines declares that the State values the dignity of every human, person
and guarantees full respect for human rights. With the 1987 Constitution
adopting generally accepted principles of international law as part of the law

of the land, the Philippines adheres to international human rights laws and

a


10

coe

12

13

14

15

16

7

18

19

conventions such as the Universal Declaration of Human Rights, including the
International Covenant on Civil and Political Rights which proscribe under
Article 20 (2) “any advocacy of national, racial or religious hatred that
constitutes incitement to discrimination, hostility or violence x x x.” Likewise,
Article 4 and 4 (a) of the International Convention on the Elimination of All
Forms of Racial Discrimination urges the State parties to “undertake to adopt
immediate and positive measures designed to eradicate all incitement to, or
acts of” racial hatred and discrimination in any form and “declare an offence
punishable by law all dissemination of ideas based on racial superiority or
hatred, incitement to racial discrimination, as well as all acts of violence or
incitement to such acts against any race or group of persons of another colour

or ethnic origin.”

The right to a remedy is itself guaranteed under existing human rights
treaties and customary international law, being peremptory in character (jus

cogens) and as such has been recognized as non-derogable.

SEC. 3. Hate Speech. - “Hate Speech” refers to all forms of expressions
that discriminates against and actively incites hostility or foments violence
against any person or group of persons on the basis of ethnicity, race, and

religion.

Nt


10

1

12

13

14

15

16

SEC. 4. Acts Punishable. - Any person committing, consenting to or
allowing the commission of hate speech by means of any of the following shall

suffer the penalty imposed by this Act:

a. Words, oral or in writing, or displays of behavior or depiction; or

b. Publication or distribution of written material to the public or
through social media, broadcasting or other forms of communication; or

c. Public performance of plays, shows, recordings of audio or visual
images.

SEC. 5. Penalty. - Any person liable under this Act shall be meted a

penalty of imprisonment of six (6) months and one (1) day to six (6) years.

SEC. 6. Separability Clause. - If any provision of this Act shall be held
invalid, the remainder of this Act not otherwise affected shall remain in full

force effect.

SEC. 7. Effectivity Clause. - This Act shall take effect fifteen (15) days
after its complete publication in the Official Gazette or in at least two (2)

national newspaper of general circulation.

Approved,