30 Righting Wrongs: Criminal Law Provisions in the Philippines related to National Security and their Impact on Human Rights Defenders The Special Representative of the UN Secretary-General on the situation of human rights defenders, clarified that an “association” refers to any group of individuals or any legal entity brought together in order to collectively act, express, promote, pursue or defend a field of common interests.192 It also refers to civil society organizations, clubs, cooperatives, non-governmental organizations, political parties, trade unions, or even groups on the Internet.193 States have the positive obligation to establish and maintain an enabling environment for all persons, including human rights defenders, to enjoy the right to freedom of association. 194 Human rights defenders should be able to associate with each other without fear of being subjected to threats, acts of intimidation, persecution, and stigmatization. Indeed, the right to freedom of association may be subject to restrictions, but these restrictions must be prescribed by law and necessary and proportionate to the pursuit of one of the legitimate aims set out in Article 22 of the ICCPR. In the Philippines, penalizing organizers or founders of an association, as is provided for in Article 147 of the RPC, would be tantamount to forcing the dissolution of the association itself. Such a punishment may not be proportionate in all cases. According to the UN Special Rapporteur on freedom of assembly and association, the involuntary dissolution or suspension of an association is the severest type of restriction and should only be allowed where there is “clear and imminent danger resulting in a flagrant violation of national law, in compliance with international human rights law. It should be strictly proportional to the legitimate aim pursued and used only when softer measures would be insufficient”195 Furthermore, authorities must ensure that no person is subject to criminal prosecution and punishment for the lawful exercise of the right to freedom of association.196 The ICJ also notes with concern that Article 147 criminalizes and allows for the imprisonment of individuals convicted solely for being members of an illegal association, without proof that the individual has engaged in any act or omission that contravenes any other provision of domestic laws that are in compliance with international law. Furthermore, Article 147 criminalizes the founders or members of associations that are formed for the purpose of the commission of acts criminalized under the RPC. As discussed earlier, provisions in the RPC, criminalizing libel, sedition, and rebellion, are vague and broad, and constitute violations of the principle of legality. Thus, the prosecution of individuals who are suspected of founding or leading or being members of organizations alleged to have been formed for the purpose of committing such acts would be inconsistent with the requirement that lawful restrictions on the right to freedom of association be prescribed by law which is clear so as to enable individuals to know what acts will make them criminally liable. C. Recommendation Article 147 of the RPC should be revised in a manner to ensure that it is consistent with the principle of legality and the right of all individuals, without discrimination, to enjoy freedom of association. The prohibition of associations in the new law should extend only to those that present a “clear and imminent danger resulting in a flagrant violation of domestic laws” that are themselves consistent with international human rights standards. The law must ensure that suspension or involuntary dissolution of an association is a measure of last resort, which is sanctioned by an independent and impartial court. Furthermore, Article 147 should be revised so that it does not criminalize membership in the absence of active unlawful conduct beyond affirmation of membership. 192 Report of the Special Representative of at para 46. 193 Report of the Special Rapporteur on the 194 Report of the Special Rapporteur on the para. 63. 195 Report of the Special Rapporteur on the para. 75. 196 Report of the Special Rapporteur on the para. 84(c). the Secretary General on the situation of human rights defenders, UN Doc. A/59/401 (2004) rights to freedom of assembly and association, UN Doc. A/HRC/20/27 (2012) at para 52. rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012), rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at rights to freedom of peaceful assembly and of association, UN Doc. A/HRC/20/27 (2012) at