REPUBLIC OF THE PHILIPPINES.
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
Second Regular Session

‘ 644
House Bill No. voit

Introduced by Kabataan Partylist Representative Raymond V. Palatino, Bayan
Muna Representatives Teddy A. Casifio and Neri J. Colmenares, Gabriela
Women's Party Representatives Luz C. llagan and Emmi A. de Jesus, Anakpawis
Partylist Representative Rafael “Ka Paeng” V, Mariano and ACT Teachers
Partylist Representative Antonio L. Tinio

EXPLANATORY NOTE

Free speech and expression are cherished freedoms and values in our society,
rights that are in fact enshrined in our very own Constitution. It is the responsibility of
every citizen, especially those in power, to uphold and respect laws and instruments
that trumpet and ensure the recognition of these rights that are vital contributors to
attaining a truly democratic and progressive society. When citizens are deprived of the
freedom to express their opinions and sentiments and actively engage in public
issues, the arena of governance and decision-making becomes the exclusive
domain of the privileged few who already have a monopoly in political and economic
power.

Despite the institutionalization of these protective measures and mechanisms,
however, we continue to witness the brazen display of disregard and disrespect
towards these fundamental rights.

Political activists have been targets of human rights violations through illegal
arrests, abduction, torture and extrajudicial killings mainly because of their political
beliefs, not because of the commission of illegal acts. The long list of victims include
students, teachers, farmers, workers, progressive local officials, leaders and members
of non-governmental organizations, lawyers, judges, priests, pastors, and many
others. In the case of political activists, the human rights violations against them
intensified in the post 9/11 era, with various governments around the world adopting
US-designed tactics in combating so-called enemies of the state, policies which make
no distinction between members of the legal organizations and underground
combatants. These led to repressive practices that were justified and made
acceptable in the name of anti-insurgency necessity by warmongers and advocates
of all-out war.

Journalists and media workers, meanwhile, are targeted due to their

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commitment to expose corrupt and malevolent practices in goverment. Various
media freedom groups attribute the killings of journalists to weaknesses in our justice
system, specifically police inefficiency and collusion with killers, and the shortage in,
and indifference of local prosecutors. The labelling of some journalists groups such as
the National Union of Journalists of the Philippines, the Philippine Center for
Investigative Journalism and the College Editors Guild of the Philippines during the
past administration as “enemies of the state” also contribute to this hostile
environment especially for local and community journalists, with some of them even
included in the dreaded military order of battle.

This systematized violence against political activists and journalists is in place
because of the pervasive culture of impunity that exists in the country. Ages ago,
impunity was described simply as the exemption from punishment. Today, however,
the word has come to be associated with what appears to be an immunity from
prosecution of human rights violators, particular those responsible for the murders of
activists and journalists. Despite the existence of relevant laws and international
agreements on the respect for human rights, very few killers of journalists and activists
have been prosecuted and punished as evident from the government's record of
near-zero arrest, trial, and conviction of killers. The sad fact is that we have been
accustomed to these killings and the lack of government action to the point that this
grave injustice and lack of accountability has become routinary and has gained
acceptability. This is the culture of impunity that fuels the violence against
journalists, activists and freedom fighters, phenomena that destroys not only
lives and freedoms but the foundations of genuinely democratic society.

Yet, while impunity is being globalized through lopsided state defense
policies, the international campaign to dismantle the culture of impunity is also
gaining ground, with press freedom and human rights advocates working hard
to stop the killings through public awareness campaigns, assisting in the
prosecution of the suspected killers and masterminds, and providing
humanitarian assistance to the families of slain journalists and activists. The
latest endeavour in this anti-impunity movement is the declaration of November
23 as the “International Day to End Impunity” (IDE), a call to action to demand
justice for those who have been killed for exercising their right to freedom of
expression and shed light on the issue of impunity. Organized by the
International Freedom of Expression Exchange, a global network of
organizations working to defend and promote the right to freedom of
expression, the IDEI chose November 23 to mark the event because it is the
second anniversary of the Maguindanao Massacre, during which 32 journalists
were killed in the single deadliest day for journalists in the history.

Our Constitution mandates Congress to further enact and legislate new
measures that guarantee freedom of speech and of expression, especially since
powerful threats to the exercise of such rights remain existing, while new forms of
violations continue to emerge. Thus, it is only fitting that we join and echo our voices
in this global campaign to end impunity. This bill seeks to declare November 23 of
every year as the “National Day Against Impunity” in order to serve as a constant
reminder to all segments of society of the horrors of the Maguindanao massacre and
more importantly, to express our governments commitment to prosecute the
perpetrators of violence against activists and journalists.

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The approval of this bill is earnestly and urgently sought.

HON. RAYE ID V. PALATINO
Representative, Kabataan Partylist

HON. TEDDY A. CASINO RI J COLMENARI
Representative, Bayan Muna Rotten tative, Bayan Muna

e lee baal /
HON/ UZ C. ILAGAN woe EMMI A. DE JESUS

Representative, Gabriela Women's Party Representative, Gabriela Women's Party

HON. ese al ‘V: MARIAN!

Representative, Anakpawis Partylist Representative, ACT Teachers Partylist



REPUBLIC OF THE PHILIPPINES
HOUSE OF REPRESENTATIVES
Quezon City, Metro Manila

FIFTEENTH CONGRESS
‘Second Regular Session

House Bill No.

Introduced by Kabataan Partylist Representative Raymond V. Palatino. Bayan
Muna Representatives Teddy A. Casifio and Neri J. Colmenares, Gabriela
Women's Party Representatives Luz C. Ilagan and Emmi A. de Jesus,
Anakpawis Partylist Representative Rafael “Ka Paeng” V. Mariano and ACT
Teachers Partylist Representative Antonio L. Tinio

ANACT
DECLARING NOVEMBER 23 OF EVERY YEAR AS NATIONAL DAY AGAINST
IMPUNITY

Be it enacted by the Senate and House of Representatives of the Philippines in
Congress assembled:

SECTION 1. November 23 of every year is hereby declared as the National Day
Against Impunity to remember those that have been persecuted for exercising their
right to freedom of speech and freedom of expression, and express commitment to
bring the perpetrators of these violations to justice.

SECTION 2. All government offices, private institutions, schools, colleges and
universities are hereby encouraged to extend their full support for exercises and
activities in the observance of the National Day Against Impunity, as well as in the
promotion and protection of the rights to freedom of speech and freedom of
expression and in calling for justice for victims of human rights violations.

SECTION 3. The Department of Education shall promulgate the necessary rules
and regulations in order to designate November 23 as a day when social studies
lectures in elementary and high schools shall be devoted to topics on free speech


and expression as a human right. The Department of Education, in coordination
with the Commission on Human Rights and various human rights groups and
media organizations, is hereby tasked to formulate the content of the special
lecture.

The Commission on Higher Education shall encourage all tertiary educational
institutions to hold special lectures and other activities that are relevant to the
objectives of the commemoration

SECTION 4. The Department of Justice and the Commission of Human Rights, in
coordination with various human rights groups and media organizations, are
hereby tasked to plan and execute appropriate programs and activities to carry out
the aim of this commemoration.

SECTION 5. Effectivity Clause. — This Act shall take effect fifteen (15) days after
the completion of its publication in the Official Gazette or in any newspaper of

general circulation.

Approved,