CHR: Detention of Australian nun may discourage humanitarian work

MANILA, Philippines — The Commission on Human Rights warned that the apprehension and detention of Australian nun Patricia Fox can set a “dangerous precedent” for foreign human rights defenders.

In a statement Thursday, CHR said it is hoping that such an incident, which it said “impacts basic rights and erodes dignity of those affected”, would not be repeated.

"Framing their work as ‘interference’ without concrete basis may discourage foreign nationals from doing important missionary and humanitarian work in our country," it said, while urging the government to follow proper procedures and protocols.

Fox, a rights and land reform advocate, was detained for nearly 24 hours for supposedly violating the Bureau of Immigration's Order SBM-2015-025, which prohibits foreign tourists from engaging in partisan political assemblies.

Reiterating its earlier position, the commission said that foreign nationals have the right to join peaceful assemblies.

“In the same manner that we expect foreign countries to respect and uphold the rights of Filipinos abroad, we must accord foreign nationals in our freedom the same respect and courtesy as human beings who have inherent rights and freedoms,” it said.

“Serving the poor and disadvantaged communities by demanding justice through activism is not a crime,” the commission also said.

Fox, in a television interview, has denied participating in party politics.

The commission, however, did not address President Rodrigo Duterte's statement that he ordered the BI to investigate the 71-year-old lay missionary in its statement.

READ: Duterte says he ordered Immigration to investigate Australian nun

According to a Law professor who agreed to give input on condition of anonymity, as a general rule, arrests can only be made if a judge has issued a warrant after a criminal case has been filed or if a crime is committed in the presence of law enforcement. In which case, an inquest proceeding must be held immediately to determine if charges should be filed.

The Immigration commissioner, who is under the authority of the president, has a unique power to issue warrants against a foreigner who violates immigration law, the professor said.

The bureau has said it will no longer issue statements on a pending case.

In a statement, Catholic Bishops’ Conference of the Philippines President Romulo Valles expressed concern on Fox's condition.

“I presume and hope she was treated well, that there was nothing irregular about the procedure done in her detention, and that he rights under our laws are respected,” the Archbishop of Davao said.

He also did not say anything about the president’s order.

The Sisters of Our Lady of Sion in Australia and Sisters of Notre Dame de Sion in Rome, Italy called on the Philippine government through the BI to allow Fox and other Church people to continue their missionary work in the country.

READ: Critics ask: If Duterte has nothing to hide, why the crackdown on foreign activists?