We, the undersigned civil society organizations (CSOs), are deeply disturbed by the Memorandum Circular (MC) 2021-012 released by the Department of Interior and Local Government (DILG).

Section 4.1 of the MC explicitly states that CSOs should acquire clearance from both the Armed Forces of the Philippines (AFP) and the Philippine National Police (PNP) to participate in the governance of their local government units (LGUs). The clearance “shall indicate that such CSO is cleared from any subversive and illegal activities.”

We question and oppose this provision given the following:

1. A clearance from the AFP and PNP as a prerequisite for CSOs to participate in local governance is not found in the 1987 Philippine Constitution, Local Government Code of 1991 and other legal frameworks; therefore, the provision has no precedence or legal basis.
2. In the history of local governance, the AFP or PNP has not been involved in the formation of People’s Council, nor has it been involved in the accreditation of CSOs. We recognize the role of the AFP and PNP to uphold the rule of law, and we further recognize their major role and participation in Local Peace and Order Councils. Nonetheless, requiring clearance from both the AFP and PNP appears to be an overreach of their mandate.
3. CSOs are already required to seek accreditation with their respective LGUs and with national agencies such as the Department of Social Welfare and Development (DSWD) and their detached offices. These processes are stringent enough to warrant the legitimacy of any CSO and sufficient to clear them of any illegal activities. The LGUs should be able to vouch for the CSOs in question.
4. CSOs which can successfully acquire clearances may become duty-bound to the AFP and PNP and inhibited from voicing out dissent in cases of corruption or disregard of human rights. People’s Councils and local special bodies should remain independent and representative of the concerns of communities in the LGU. If CSOs do not speak up out of fear of retaliation from state authorities, then there is no participatory local governance in this country.

Good local governance and genuine people’s participation are key ingredients in community development and upliftment of lives in LGUs.  Through participatory dialogue and creative tension between citizens and government, we can overcome the challenges that Philippine society faces. These will not happen if our civic spaces are restricted through policies such as this MC. We denounce the limiting provision in the DILG MC 2021-012 and question the clearance it imposes on CSOs. We call on the DILG to revoke the MC and uphold its mandate to promote good local governance.

Uphold People’s Participation! Protect Civic Space!

SIGNATORIES

• Caucus of Development NGO Networks (CODE-NGO)
• Paul Paraguya, National Anti-Poverty Commission NGO Basic Sector Sectoral Representative
• Council for People’s Development and Governance (CPDG)
• IBON Foundation
• Philippine Alliance of Human Rights Advocates (PAHRA)
• CBCP – NASSA / Caritas Philippines
• Non-Timber Forest Products – Exchange Program (NTFP-EP)
• Philippine Human Rights Information Center (PHILRIGHTS)
• Alyansa Tigil Mina (ATM)
• Public Services Labor Independent Confederation (PSLINK-PUBLIK)
• In Defense of Human Rights and Dignity Movement (iDEFEND)
• BALAOD Mindanaw
• Center for Migrants Advocacy (CMA)
• Kaagapay OFW Resource & Service Center, Inc.
• Center for Emergency Aid, Rehabilitation and Development (CONCERN) Inc.