Frances Joy Gumabol Amangao
19- 11771
JD- 1A
“Human Rights Dimensions of the COVID-
19 Pandemic: Freedom of Expression and
Right to Assemble”
The corona virus disease ( COVID-19 ) is an infectious disease caused by a new
strain of corona virus which started its outbreak in Wuhan, China before its rapid spread
across the world. It has then been regarded as a global pandemic considering its
alarming spread and severity. A “hot-issue”, the headline of daily news articles, a
worldwide concern since the beginning of year 2020. People’s normal day-to-day lives
have instantly changed, it has been posing a weighty threat to the health and lives of
everyone. It chooses no one to infect; no age, no gender, no profession, no economic
status, no religion, no political view, no race, no culture. Everyone can be infected. Up
to date, there is no specific vaccine yet to prevent the virus, as well as no specific
treatment for it, other than managing its signs and symptoms.
In battling this pandemic, governments, military personnel, social services
providers, health authorities, volunteers, and countless professionals around the world
have been collaboratively and deliberately planning and implementing different
techniques and strategies in order to achieve their utmost goal - to flatten the curve,
turning back things to normal - to how they used to be. Some of which showed to be
effective as their COVID19 cases are successfully contained and visibly diminished,
taking into as an example South Korea wherein intrusive surveillance has been imposed
to track the movement of citizens, at the expense of human rights. Protective equipment
was abundantly provided to the medical personnel, their government fully supplied all
the necessary medical and hospital gears and equipment. There was no shortage and
no hoarding of essentials and basic necessities. In other countries, their ways and
means were not as fruitful as cases continuously escalate each day.
In the onset of the virus in the Philippines, a lot of challenges keeps adding up
that includes inadequate healthcare facilities as they have limited bed capacity to cater
each and every infected person, overstretched workforce of health and limited
resources - shortage in the supply of Personal Protective Equipment (PPE), testing kits
and surgical masks. Accordingly, the Department of Health is prepared but is denied by
the aforementioned and visible challenges, and the fact that the virus keeps spreading
rapidly and widely. I must say, the nation is ill-prepared to handle such crisis situation.
Although the government is also trying its best by taking several steps to control the
further spread of the virus.
One major effort was the facilitation of the Enhanced Community Quarantine in
Metro Manila as well as in the other regions and provinces having detailed guidelines
and protocols which requires strict implementation. It includes observance of social
distancing or physical distancing, or the limiting of face-to-face or close contact with
another person or with a crowd and it prohibits the unnecessary movement of people
outside their home. It also covers travel restrictions and closure of schools and
universities, malls, churches, and other instances where a huge number of people will
flock or gather. From a one-month lockdown, authorities decided to prolong it for
another 2 weeks in a bid to flatten the curve as more cases of infection continue to be
reported daily. At present, some areas are still under the Enhanced Community
Quarantine while most provinces had shifted to General Community Quarantine which
is a modified one and is lenient compared to the former. Police officers and military
personnel were among the frontlines who ensures the compliance of the citizens with
the guidelines by placing checkpoints in all entry points in the different areas as well as
curfew time to regulate the observance of the lockdown protocols. It is yet unknown if
the Inter-Agency Task Force (IATF), the task force organized by the executive of the
Philippine government to respond to affairs concerning emerging infectious disease in
the Philippines will consider or recommend either the extension, lifting, or further
modification of the quarantine guidelines after May 15, 2020.
People are panicking, health essentials and other goods are being hoarded, and
governments are being bombarded with criticisms regarding the way they decide and
plan on matters about the pandemic as everyone is afraid and scared of possibly getting
infected with the virus which has killed thousands and infected millions, and affected
whole population’s normal lives.
Governments are obligated to take effective steps for the prevention, treatment,
and control of the pandemic. To add, everyone has the right to “the highest attainable
standard of physical and mental health”. The right to health is closely related to and
dependable upon the realization of other human rights that includes the right to access
information and the freedom of association as they address integral components of the
right to health.
Under the international human rights law, governments have an obligation to
protect the right to freedom of expression, including the right to seek, receive, and
impart information of all kinds, regardless of frontiers. Governments are responsible for
providing information for the protection and promotion or rights including the right to
health. A rights-respecting response to COVID 19 needs to ensure that accurate and
up-to-date information about the virus, access to service.
It is what the people need – reliable, transparent, and true information since they
are compelled to stay in their homes and can only rely to news and data being delivered
to them through different communication and media channels including social
networking sites.
In a number of countries, governments have failed to uphold the right to freedom
of expression against health workers and journalists which limited effective
communication about the disease and undermined trust in government actions.
In China, the public were withheld of the basic information about the virus. Cases
of infection were underreported and authorities detained people for reporting on the
epidemic on social media. While in Iran, authorities brutally repressed widespread anti-
government protests and lied about shooting down a civilian airliner. It resulted to a
struggle for Iranian authorities to assure the public that its decision-making with regards
to COVID-19 outbreak has been for the public’s interest. The same unreasonable
situation happened in Thailand. Whistleblowers in the health sector and online
journalists have faced to retaliatory lawsuits and intimidation from authorities after
criticizing the government’s response to the outbreak, raised concerns about possible
cover-up and alleged corruption related to hoarding and profiteering of surgical masks
and other supplies. Medical workers were also threatened with disciplinary action
including termination of employment contracts and revocation of licenses for speaking
out about the shortage of needed supplies in the country.
On the other hand, some countries, which includes Taiwan, Singapore, and
South Korea have observed transparent reporting and open communication about the
status of cases. It is note-worthy that at present data, Taiwan and South Korea are
among those who have successfully and fruitfully handled the crisis situation as they
have flattened the curve.
Government should fully respect the rights to freedom of expression and access
to information. It should ensure that they provide the public with accurate and timely
information about COVID – 19. This is necessary to address misleading and false
information from circulating. It should be accessible to everyone as well. This pandemic
has been setting limits to mobility and privacy and sadly, these limits are crushing a
fundamental right: freedom of expression.
Freedom of expression is the overarching right on which freedom of the press is
anchored. it is the most fundamental freedom and right in a democratic society, as
enshrined in Article III, Bill of Rights of the Philippine constitution and international
standards. In times of a pandemic, protection of our freedom of expression and media
freedom and not the denial of such rights is of vital importance. This crisis intensifies the
need for reliable news which we can trust and rely on as this information helps the
people understand about the crisis, ways to protect themselves and their families, as
well as to evaluate the responses of our government and the community.
In the Philippines, A “Bayanihan Law’ was passed which gave the President
special powers in dealing with the pandemic that includes going after those people who
spread “false information regarding COVID-19 crisis on social media and/or other
platforms. Apart from it, the National Bureau of Investigation (NBI) also uses Article 154
of the Revised Penal Code which punished the publication of “any false news that may
endanger the public order, or cause damage to the interest or credit of the state “in
order to summon netizens regarding their social media posts.
Among those who were summoned were two high-profile and most talked cases.
First was the arrest of Bambi Beltran, an artist or film writer in Cebu who was arrested
without warrant after her posting in Facebook that “9000+ new cases (all from
Zapatera ) of COVID 19 in Cebu City in one day. We are now the epicenter in the whole
solar system.” Her controversial post was actually constructed figuratively; a hyperbole.
The other one was the threat to a Filipino worker in Taiwan of being deported. Elanel
Ordidor, a caregiver in Taiwan was asked by the Department of Labor and Employment
(DOLE) to be deported for cyber libel after she allegedly posted “nasty and malevolent
materials against President Duterte on Facebook intended to cause hatred amidst the
global health crisis brought about by the COVID – 19 pandemic.” Taiwan eventually
upheld the Overseas Filipino Worker’s right to free speech as they rejected the
department’s request.
It was an alarming and dismaying move by the administration to crack down on
dissent amid the COVID-19 pandemic. It is assaulting our freedom to speak out, to
partake in discussions, to communicate and deliver our opinions on certain issues from
the debatable and contentious ones to the safe and quiet. The government must put an
end or stop in its repressive campaign against freedom of expression, including the use
of the vaguely worded and overbroad provision against creating, perpetuating, or
spreading false information under the Bayanihan to Heal as One Act. This entails a
snap to the government to step up efforts to disseminate reliable, accessible, evidence-
based and trustworthy information, including on the measures that are being taken to
protect public health and address the pandemic, which is crucial to counter false and
misleading information
Human rights defenders and civil society organizations are urging each and
every Filipinos to defy threats to freedom of expression. Amid the proliferation of fake
news and propaganda on social media like Facebook and Twitter.
Our constitution provides that “sovereignty resides in the people” who manifest it
regularly through their suffrages and, more frequently and generally, by the assertion of
their freedom of expression. Denial of the opportunity to participate in the shaping of
public affairs through the arbitrary imposition upon the ban of silence negates such
sovereignty. As citizens of the Philippines or as an individual particle of sovereignty, we
have the right to criticize the government when it is doing something wrong. Every
citizen has a right to offer his views and suggestions in the discussion of the common
problems of the community or the nation. Not only a right but a duty. Those Filipinos
who have shown bravery in their unhindered voicing out of their opinions are
commendable. Despite the authorities’ measures to mute them.
Our government should focus on the speedy, prompt and effective solutions of
mitigating the widespread of the infectious disease. Although as citizens of the nation,
we should also help and cooperate with the authorities in realizing our solitary goal of
making our nation COVID19- free. But it does not mean compromising our right and
freedom to speak, nor tolerating the government’s unlawful, unreasonable, or
unconstitutional doings as well as allowing the government authorities to cut our
freedom of expression.
The only way we are going to get through this is if we think as WE, not ME.
Eventually, we will put all things back to normal. This COVID-19 pandemic is a test for
each and every one, that includes every individual, the society, and the government. It
is a time for solidarity and cooperation amongst us all.
