Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders VII. The Right to freedom of association: Article 147 of the RPC The right of persons “to form unions, associations, or societies for purposes not contrary to law” is guaranteed in Article III, Section 8 of the Constitution. A. Article 147 on illegal associations Article 147 establishes a punishment of two to four years’ imprisonment and a fine not exceeding Php1,000 (approximately US $22.00) on individuals convicted for being founders, directors, and presidents of associations formed with the aim of committing crimes under the RPC or committing acts contrary to “public morals”. Those convicted solely for being members of illegal associations under Article 147 are punishable with imprisonment from one to six months.185 This law does not appear to have been used since the 1970s, during the Marcos administration. There is a concern however that Article 147 may be used in the future against the leaders of human rights organizations or associations perceived to be committing acts that are, for instance, contrary to public morals. This concern is rooted in the fact that recently, lesbian, gay, bi-sexual and trans-gender (LGBT) persons have been subjected to arrest and prosecution under Article 200 of the RPC for the crime of grave scandal,186 one of the crimes against public morals referred to in Article 147. In his most recent report, the UN Special Rapporteur on the rights to freedom of peaceful assembly and of association noted with concern that “public morality” laws have been used selectively against those promoting the rights of LGBT persons.187 These types of laws encourage stigmatization and discrimination of LGBT persons and should therefore be abolished. B. Article 147 vis-à-vis international standards on freedom of association The defense of human rights is often carried out collectively, necessitating individuals to work together and associating with each other. Hence, the right to freedom of association is one of the rights included in the UN Declaration on Human Rights Defenders, which emphasizes that everyone has the right, individually and in association with others, at the national and international levels “to form, join and participate in non-governmental organizations, associations or groups.”188 The right to freedom of association is guaranteed under Article 22 of the ICCPR, which states that “everyone shall have the right to freedom of association with others, including the right to form and join trade unions for the protection of his interests.” While the ICCPR recognizes that states may impose restrictions on the right to freedom of association, it requires that such restrictions be: prescribed by law and “necessary in a democratic society in the interest of national security or public safety, public order (ordre public), the protection of public health or morals or the protection of the rights of freedoms of others.”189 The right to freedom of association, including the right to form and join associations concerned with political and public affairs, is also an important adjunct to Article 25 of the ICCPR, which guarantees the right to participate in public affairs.190 The UN Special Rapporteur on freedom of assembly and association also emphasized that associations should enjoy the rights to express opinion, disseminate information, engage with the public, and advocate before governments and international bodies for human rights, for the purpose of, among others, advocating changes in the law, including changes in the Constitution. The UN Special Rapporteur has noted that the establishment of associations that espouse minority or dissenting views may sometimes lead to tensions, but he nevertheless emphasizes that the State must still ensure that everyone can peacefully express his views without fear of reprisal or retribution.191 185 The term “contrary to public morals” refers to those crimes under Title 6 of the RPC, which include gambling (Article 195), illegal betting on horse races (Article 198), illegal cockfighting (Article 199), grave scandal (Article 200), and vagrancy and prostitution (Article 202). 186 Human Rights Committee, Concluding Observations on the Fourth Periodic Report submitted by the Philippines, UN Doc. CCPR/C/ PHL/CO/4 (2012), para. 10. 187 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/26/29 (2014), para. 30. 188 Article 5(a) of the UN Declaration on Human Rights Defenders. 189 Article 22(2) of the ICCPR. 190 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at para. 73. 191 Report of the Special Rapporteur on the rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at para 64. 29